View - NSW legislation

Part 1 Preliminary

pt 1: Subst 20.10.1972. Rep 28.10.1977.

pt 1 (previously Part 2): Subst 20.10.1972. Am 1.6.1973; 24.8.1973; 7.9.1973; 5.10.1973; 7.12.1973; 25.10.1974; 4.4.1975; 13.6.1975; 23.7.1976; 25.3.1977; 29.4.1977; 22.7.1977. Renumbered 28.10.1977. Am 28.7.1978; 30.5.1980; 24.7.1981; 28.8.1981; 30.6.1982; 22.10.1982; 22.4.1983; 8.7.1983; 31.8.1984; 26.4.1985 (see erratum 10.5.1985); 5.7.1985; 23.8.1985; 22.8.1986; 19.6.1987; 25.9.1987; 26.8.1988; 23.12.1988; 14.7.1989; 22.12.1989; 20.4.1990; 25.5.1990; 22.6.1990; 20.7.1990; 15.2.1991; 15.3.1991; 6.3.1992; 27.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 2.4.1993; 20.8.1993; 24.9.1993; 31.3.1994 (see erratum 8.4.1994); 24.6.1994; 25.8.1995; 22.9.1995; 23.2.1996; 21.3.1997; 23.5.1997; 22.5.1998; 21.8.1998; 20.8.1999; 19.11.1999; 21.7.2000; 25.8.2000; 23.2.2001; 28.11.2003. Subst 27.8.2004. Am 2008 (62), Sch 1 [27].

pt 1: Am 7.7.1972; 11.8.1972. Subst 20.10.1972. Am 5.10.1973; 7.12.1973; 28.12.1973; 23.7.1976; 1.7.1977; 22.12.1978; 6.7.1979; 17.8.1979; 21.9.1979; 2.4.1982; 22.10.1982; 17.12.1982; 25.2.1983; 22.4.1983; 9.12.1983; 23.12.1983; 24.2.1984; 23.3.1984; 31.8.1984; 7.12.1984; 3.1.1986; 12.9.1986; 26.9.1986; 23.12.1988; 19.5.1989; 22.12.1989; 30.3.1989; 25.10.1991; 2.10.1992; 30.10.1992; 2.4.1993; 20.8.1993; 10.12.1993; 25.2.1994; 24.6.1994; 21.10.1994; 23.12.1994; 28.4.1995; 24.11.1995; 19.7.1996; 25.10.1996; 7.8.1998; 21.8.1998; 24.12.1998; 19.2.1999; 25.6.1999; 20.8.1999; 27.8.1999; 24.12.1999 (see also 25.2.2000); 24.11.2000; 19.10.2001 (see also 26.10.2001); 30.8.2002; 1.11.2002; 28.11.2003; 28.5.2004; 26.11.2004. Rep 2005 (407), Sch 1 [162].

pt 1: Ins 24.8.1973. Am 1.8.1975; 22.8.1975; 26.3.1976; 25.3.1977; 1.7.1977; 24.11.1978; 6.7.1979; 24.7.1981; 8.10.1982; 24.2.1984; 31.8.1984; 26.4.1985; 23.8.1985; 20.12.1985; 24.4.1986; 22.8.1986; 20.2.1987; 4.9.1987; 18.12.1987; 17.6.1988; 23.9.1988; 21.4.1989; 17.11.1989; 15.12.1989; 23.2.1990; 15.2.1991; 16.8.1991; 25.10.1991; 27.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 26.2.1993; 25.6.1993; 21.7.1995; 24.11.1995; 26.4.1996; 19.7.1996; 22.8.1997; 21.11.1997; 24.7.1998; 25.6.1999; 20.8.1999; 30.6.2000; 25.8.2000. Rep 2005 (407), Sch 1 [162].

1 Name of Rules

These rules may be cited as the Supreme Court Rules 1970.

2 Commencement

These rules shall commence on the commencement of the Act.
Editorial note—
Date of commencement: 1.7.1972. See Gazette No 59 of 2.6.1972, p 2018.

3–7 (Repealed)

rule 1.3: Am 2.6.1972; 23.6.1972; 30.6.1972; 11.8.1972; 27.10.1972; 4.5.1973; 21.12.1973; 28.12.1973; 22.2.1974; 29.3.1974; 3.5.1974; 24.5.1974; 28.6.1974; 6.9.1974; 25.10.1974; 1.8.1975; 22.8.1975; 26.3.1976; 25.3.1977; 27.5.1977; 1.7.1977; 24.11.1978; 30.3.1979; 21.12.1979; 30.5.1980; 24.7.1981; 24.12.1981; 30.6.1982; 22.10.1982; 8.7.1983; 29.6.1984; 31.8.1984; 7.12.1984; 21.12.1984; 26.4.1985; 31.5.1985; 5.7.1985; 12.7.1985; 23.8.1985; 30.8.1985; 20.9.1985; 20.12.1985; 3.1.1986; 24.4.1986; 23.5.1986; 27.6.1986; 12.9.1986; 26.9.1986 (see erratum 30.1.1987); 13.3.1987; 25.9.1987; 23.10.1987; 20.5.1988; 17.6.1988; 23.12.1988; 19.5.1989; 14.7.1989; 22.9.1989; 15.12.1989; 22.12.1989; 23.2.1990; 25.5.1990; 20.7.1990; 14.12.1990; 21.12.1990; 19.4.1991; 21.6.1991; 20.9.1991; 13.12.1991; 6.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 26.2.1993; 2.4.1993; 25.6.1993; 20.8.1993; 24.9.1993; 19.11.1993; 10.12.1993; 25.2.1994; 22.4.1994; 24.6.1994; 21.10.1994; 23.12.1994; 24.2.1995; 28.4.1995; 22.9.1995. Rep 24.11.1995. Ins 28.1.2000. Rep 2005 (407), Sch 1 [5].

rule 1.4: Am 2.6.1972. Rep 2005 (407), Sch 1 [5].

rule 1.5: Rep 2005 (407), Sch 1 [5].

rule 1.6: Am 11.8.1972; 28.12.1973; 28.6.1974; 23.7.1976; 23.9.1977; 21.12.1979; 24.10.1980; 16.4.1982; 23.12.1983. Rep 2005 (407), Sch 1 [5].

rule 1.7: Rep 2005 (407), Sch 1 [5].

8 Interpretation

cf RSC (Rev) 1965, O 13, r 1 (2).

(1) In these rules, unless the context or subject matter otherwise indicates or requires:
ASIC means the entity known as the Australian Securities Commission prior to 1 July 1998, and subsequently known as the Australian Securities and Investments Commission.
assess, when used in relation to costs assessed otherwise than by the Court, means assess in accordance with Part 11 of the Legal Profession Act 1987.
associate Judge includes an acting associate Judge.
barrister has the same meaning as it has in the Legal Profession Act 1987.
Companies Code means the Companies (New South Wales) Code.
convention means a convention made between Her Majesty or any of her predecessors and the king or other head of state of a foreign country regarding legal proceedings in civil and commercial matters.
convention country means a foreign country to which a convention applies.
corporation includes any artificial person.
costs determination means a determination made under section 180 of the Legal Profession Act 1987 as in force from time to time prior to 1 July 1994.
cross-claim means a claim for relief under section 78 of the Act.
curator means:
(a)  in respect of a person:
(i)  the management of whose estate is, by the Protected Estates Act 1983 or by any order of the Court or the Guardianship Tribunal under that Act or under the Guardianship Act 1987, committed to the Protective Commissioner,
(ii)  of whose estate the Protective Commissioner has, in accordance with section 63 of the Protected Estates Act 1983, undertaken the management, or
(iii)  in relation to whose property the Protective Commissioner is authorised as mentioned in section 66 (1) (a) of that Act,
the Protective Commissioner,
(b)  in respect of a person of whose estate a manager has been appointed by order of the Court or the Guardianship Tribunal under section 22 of the Protected Estates Act 1983 or section 25M of the Guardianship Act 1987—the manager appointed.
disable person means a minor or an incompetent person.
document means any record of information, and includes:
(a)  anything on which there is writing,
(b)  anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them,
(c)  anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
(d)  a map, plan, drawing or photograph.
cf Act No 15 of 1987, s 21 (1).
expert means a person who has specialised knowledge based on the person’s training, study or experience.
fax means send a copy by facsimile transmission.
folio means 100 words, five figures being counted as one word.
cf Cost Rules, r 2. Rules of the Supreme Court (Revised) 1965 (Eng), O 1, r 4 (1).
Foreign Evidence Act means the Foreign Evidence Act 1994 of the Commonwealth.
funds includes money, debentures, stock, shares and other securities and investments.
incompetent person means:
(a)  a person who is not a minor and who is:
(i)  incapable of managing his or her affairs, or
(ii)  incommunicate, or
(b)  a minor who has a curator.
Law Courts Building means the building in which the Sydney registry of the Court is located.
medical practitioner means a person registered under the Medical Practice Act 1992 or under any law of another State or Territory of the Commonwealth for the registration of persons practising the profession of medicine.
cf s 10 (2) Act No 15, 1926.
Mutual Recognition Act means the Mutual Recognition Act 1992 of the Commonwealth.
notice means notice in writing.
cf RSC (Rev) 1965, O 66, r 2 (5).
officer, in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation.
officer of the Court does not include a solicitor, barrister or liquidator.
originating process means a statement of claim, a summons or, where a cross-claim is made against a person not previously a party to the proceedings in which the cross-claim is made, the cross-claim.
pay, in relation to funds, includes transfer, deposit and deliver.
person bound, in relation to a judgment or order, means a person required by the judgment or order:
(a)  to pay money,
(b)  to give possession of land,
(c)  to deliver goods (with or without the alternative of paying the assessed value of the goods),
(d)  to do any other act, or
(e)  to abstain from doing any act.
personal injuries includes any disease and any impairment of a person’s physical or mental condition.
cf RSC (Rev) 1965, O 5, r 2.
registry means a registry at Lismore, Newcastle, Orange, Sydney, Wagga Wagga or Wollongong.
Riverina means the district of the State comprising Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora, Tumut and Wagga Wagga.
solicitor has the same meaning as it has in the Legal Profession Act 1987.
the Act means the Supreme Court Act 1970.
the Evidence Act means the Evidence Act 1995.
the Service and Execution of Process Act means the Service and Execution of Process Act 1992 of the Commonwealth.
Trans-Tasman Mutual Recognition Act means the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
tutor means a next friend or guardian ad litem of a disable person.
(2) Where:
(a)  reference is made in the rules to the holder of an office in the Public Service or in the Australian Public Service, and
(b)  the name of the office is changed or the relevant function is assumed by the holder of another office,
the reference shall continue to apply to the holder of that office.
(3), (4)   (Repealed)
rule 1.8: Am 2.6.1972; 30.3.1973; 7.9.1973; 29.3.1974; 28.6.1974; 1.8.1975; 26.3.1976; 1.4.1977; 28.4.1978; 24.11.1978; 24.4.1981; 9.12.1983; 24.2.1984; 23.3.1984; 29.6.1984; 7.12.1984; 26.4.1985; 27.6.1986; 12.9.1986; 26.9.1986; 24.10.1986; 21.11.1986; 4.9.1987; 17.6.1988; 2.12.1988; 19.5.1989; 18.8.1989; 17.11.1989; 15.2.1991; 26.2.1993; 2.4.1993; 23.4.1993; 10.12.1993; 24.6.1994; 28.4.1995; 21.7.1995; 1.3.1996; 26.4.1996; 19.7.1996; 21.2.1997; 24.4.1998 (see erratum 1.5.1998); 7.8.1998; 21.8.1998; 23.10.1998; 24.12.1998; 21.5.1999; 27.8.1999; 24.12.1999; 28.1.2000; 19.10.2001 (see also 26.10.2001); 2005 (407), Sch 1 [6]–[8]; 2005 (690), rule 2.

9 Seals

(1) There shall be the seals mentioned in the first column in the table below, which shall be impressed seals and respectively shall have the wording mentioned in the second column of the table and shall be in the custody of the officer mentioned in the third column of the table.
Seal
Wording
Custody
General seal of the Court.
Supreme Court of New South Wales.
Prothonotary.
Seal of the Court of Appeal.
Supreme Court of New South Wales: Court of Appeal.
Registrar of the Court of Appeal.
Seal of each Division.
Supreme Court of New South Wales: (name of the Division).
Registrar of the Division.
cf Protective Jurisdiction Rules 1968, r 11 (1).
(2) Each of the seals mentioned in subrule (1) shall have effect as the seal of the Court.
(3) Except where the rules otherwise provide, but subject to subrule (4), the seal of the Court of Appeal or the general seal of the Court shall be used for the purpose of proceedings in the Court of Appeal and the seal of each Division or the general seal of the Court shall be used for the purpose of proceedings in that Division.
(4) A rubber stamp facsimile of any seal may be used instead of the seal for any purpose.
cf PJR r 11 (3).
(5) (Repealed)
rule 1.9: Am 25.3.1977; 28.4.1978.

9A, 9B (Repealed)

rule 1.9A: Ins 23.12.1983. Subst 26.9.1986; 21.4.1989. Am 25.10.1996; 29.11.2002. Rep 2005 (407), Sch 1 [5].

rule 1.9B: Ins 26.9.1986. Am 21.11.1986. Rep 2005 (407), Sch 1 [5].

9C Filing prescribed bail forms by fax

A document, which concerns an application relating to bail and the form of which is prescribed by the rules, shall be sufficiently filed if a copy of the document, produced in the Sydney registry by a facsimile transmission machine, is filed.
rule 1.9C: Ins 19.11.1993.

10, 10A (Repealed)

rule 1.10: Am 2.6.1972. Subst 6.7.1979. Am 14.11.1980; 24.4.1981; 7.12.1984 (see erratum 21.12.1984); 24.10.1986 (see erratum 30.1.1987); 26.4.1996; 19.2.1999. Subst 24.11.2000. Rep 2005 (407), Sch 1 [5].

rule 1.10A: Ins 6.7.1979. Am 14.11.1980; 24.4.1981; 23.12.1983; 7.12.1984; 26.9.1986; 24.10.1986; 15.2.1991; 23.5.1997. Rep 2005 (407), Sch 1 [5].

11 Forms

cf Act No 15 of 1987, s 80.

(1) Forms are prescribed in Schedule F.
(2) A reference in any such form to a provision of these rules includes a reference to the corresponding provision (if any) of the Uniform Civil Procedure Rules 2005.
(3) If a form is approved under section 17 of the Civil Procedure Act 2005 in relation to the same matter as that for which a form is prescribed in Schedule F, the form to be used is the approved form and not the prescribed form.
rule 1.11: Am 2.6.1972. Subst 4.9.1987. Am 2005 (407), Sch 1 [9].

11A, 12 (Repealed)

rule 1.11A: Ins 22.4.1988. Rep 2005 (407), Sch 1 [10].

rule 1.12: Am 2.6.1972. Rep 2005 (407), Sch 1 [10].

13 Procedure wanting or in doubt

(1) Where a person desires to commence proceedings or take any step in any proceedings, and the manner or form of procedure is not prescribed by the Act or the rules or by or under any other Act or that person is in doubt as to the manner or form of procedure, the Court may, on application by that person, give directions.
cf High Court Rules, O 72, r 1 (1).
(2) Proceedings commenced in accordance with the directions of the Court shall be well commenced.
cf HCR, O 72, r 1 (2).
(3) A step taken in accordance with the directions of the Court shall be regular and sufficient.
cf HCR, O 72, r 1 (2).
(4) In respect of proceedings to be commenced for directions under subrule (1), application may be made by summons in any Division.
rule 1.13: Am 2.6.1972.

14 (Repealed)

rule 1.14: Rep 2005 (407), Sch 1 [10].

Part 1A Sittings and vacations

pt 1A: Ins 2.6.1972.

1 Sittings

(1) Sittings shall be held in each year at such times and places as are appointed for that year or from time to time by the Chief Justice.
cf HCR O 59, rr 1 and 2.
(2) Particulars of times and places appointed shall be published in the Gazette.
(3) The Court may sit at any time and place notwithstanding that the time and place of the sitting has not been appointed or has not been published as provided in this rule.
rule 1A.1: Ins 2.6.1972.

2 Vacations

(1) There shall be a fixed vacation and a variable vacation in each year.
(2) The fixed vacation shall be a period of six weeks from the beginning of the Monday before the 24th of December.
(3) The variable vacation shall be a period not exceeding four weeks regulated by the Chief Justice.
(4) A hearing or trial shall not be held in the fixed vacation, unless the Court otherwise orders.
rule 1A.2: Ins 2.6.1972. Subst 20.12.1974. Am 24.6.1994; 24.9.1999.

3 (Repealed)

rule 1A.3: Ins 2.6.1972. Rep 19.4.1991.

Parts 1B–11

(Repealed)

pt 1B: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

pt 1B, div 1: Rep 2005 (407), Sch 1 [11].

rule 1B.1: Ins 11.8.1972. Am 4.5.1973. Rep 2005 (407), Sch 1 [11].

rules 1B.2, 1B.3: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

pt 1B, div 2: Rep 2005 (407), Sch 1 [11].

rules 1B.4, 1B.5: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

rule 1B.6: Ins 11.8.1972. Am 23.12.1988. Rep 2005 (407), Sch 1 [11].

rule 1B.7: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

rule 1B.8: Ins 11.8.1972. Am 26.9.1986. Rep 2005 (407), Sch 1 [11].

pt 1B, div 3: Rep 2005 (407), Sch 1 [11].

rules 1B.9–1B.14: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

rule 1B.15: Ins 11.8.1972. Subst 20.10.1972. Rep 2005 (407), Sch 1 [11].

rule 1B.16: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

rule 1B.17: Ins 11.8.1972. Am 30.3.1973; 21.11.1986. Rep 2005 (407), Sch 1 [11].

rule 1B.18: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

rule 1B.19: Ins 11.8.1972. Rep 23.3.1984.

rules 1B.20, 1B.21: Ins 11.8.1972. Am 30.3.1973. Rep 2005 (407), Sch 1 [11].

rule 1B.22: Ins 11.8.1972. Subst 30.3.1973. Am 26.9.1986. Subst 21.11.1986. Am 20.3.1987. Rep 2005 (407), Sch 1 [11].

rules 1B.23, 1B.24: Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].

pt 1B, div 4 (Rule 1B.25): Ins 28.12.1973. Rep 2005 (407), Sch 1 [11].

pt 1B, div 5 (Rule 1B.26): Ins 1.7.1977. Rep 2005 (407), Sch 1 [11].

pt 1B, div 6 (Rule 1B.27): Ins 21.12.1979. Rep 2005 (407), Sch 1 [11].

pt 2: Rep 2005 (407), Sch 1 [11].

rule 2.1: Rep 2005 (407), Sch 1 [11].

rule 2.2: Am 28.6.1974; 8.10.1982; 14.2.1986; 4.9.1987; 1.3.1996. Rep 2005 (407), Sch 1 [11].

rules 2.3, 2.4: Rep 2005 (407), Sch 1 [11].

rule 2.5: Am 20.12.1974; 28.7.1978; 17.12.1982. Subst 19.6.1987. Am 20.9.1991; 24.9.1999. Rep 2005 (407), Sch 1 [11].

rule 2.6: Am 30.9.1977; 18.12.1987; 24.9.1999; 14.6.2002. Rep 2005 (407), Sch 1 [11].

pt 3: Rep 2005 (407), Sch 1 [11].

rule 3.1: Am 2.6.1972. Subst 28.6.1974. Rep 2005 (407), Sch 1 [11].

rule 3.2: Am 2.6.1972; 15.2.1991; 13.6.2003. Rep 2005 (407), Sch 1 [11].

rule 3.3: Am 2.6.1972. Subst 2.4.1982. Am 26.3.2004. Rep 2005 (407), Sch 1 [11].

rule 3.4: Rep 2005 (407), Sch 1 [11].

pt 4: Rep 2005 (407), Sch 1 [11].

rule 4.1: Rep 2005 (407), Sch 1 [11].

rule 4.2: Am 2.6.1972; 30.3.1973; 4.5.1973; 25.5.1984; 30.8.1985; 20.4.1990; 31.3.1994; 25.10.1996 (see erratum 29.11.1996). Rep 2005 (407), Sch 1 [11].

rules 4.2A, 4.2B: Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].

rule 4.3: Am 2.6.1972; 30.8.1985. Rep 2005 (407), Sch 1 [11].

rule 4.4: Am 20.9.1991. Subst 23.5.1997. Rep 2005 (407), Sch 1 [11].

rule 4.4A: Ins 23.5.1997. Rep 2005 (407), Sch 1 [11].

rule 4.5: Am 24.7.1998. Rep 2005 (407), Sch 1 [11].

pt 5: Rep 2005 (407), Sch 1 [11].

rule 5.1: Subst 13.6.2003. Rep 2005 (407), Sch 1 [11].

rule 5.2: Am 23.5.1980; 23.5.1997. Rep 2005 (407), Sch 1 [11].

rule 5.3: Rep 2.6.1972. Ins 13.6.2003. Rep 2005 (407), Sch 1 [11].

rule 5.4: Subst 2.6.1972. Rep 13.6.2003.

rules 5.4A–5.4C: Ins 2.6.1972. Am 6.7.1979. Rep 13.6.2003.

rule 5.5: Subst 2.6.1972. Rep 13.6.2003.

rule 5.5A: Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].

rule 5.5B: Ins 21.9.1979. Am 26.9.1986. Rep 2005 (407), Sch 1 [11].

rule 5.6: Rep 2.6.1972. Ins 6.7.1979. Am 14.11.1980; 13.6.2003. Rep 2005 (407), Sch 1 [11].

rule 5.7: Am 2.6.1972. Subst 23.3.1984. Am 20.4.1990. Rep 2005 (407), Sch 1 [11].

rule 5.8: Am 30.3.1990. Rep 2005 (407), Sch 1 [11].

rule 5.9: Rep 2005 (407), Sch 1 [11].

rule 5.10: Rep 29.3.1974.

rule 5.11: Am 2.6.1972; 26.9.1986; 23.12.1988. Subst 19.5.1989. Rep 2005 (407), Sch 1 [11].

rule 5.12: Am 2.6.1972; 22.7.1977. Subst 25.11.1994. Rep 2005 (407), Sch 1 [11].

rule 5.12, footnote: Ins 25.10.1996. Rep 2005 (407), Sch 1 [11].

pt 6: Subst 29.3.1974. Rep 2005 (407), Sch 1 [11].

pt 6, div 1: Rep 2005 (407), Sch 1 [11].

rule 6.1: Subst 29.3.1974; 29.6.1984. Rep 2005 (407), Sch 1 [11].

rule 6.2: Am 2.6.1972. Subst 29.3.1974. Am 25.8.1995. Rep 2005 (407), Sch 1 [11].

rule 6.3: Am 2.6.1972. Subst 29.3.1974. Am 9.12.1983. Rep 2005 (407), Sch 1 [11].

rule 6.4: Subst 29.3.1974; 23.3.1984; 29.6.1984. Rep 2005 (407), Sch 1 [11].

rule 6.5: Subst 29.3.1974. Am 25.10.1996. Rep 2005 (407), Sch 1 [11].

rule 6.5A: Ins 12.7.1985. Am 14.2.1986. Rep 25.10.1996.

rules 6.6, 6.7: Subst 29.3.1974. Rep 2005 (407), Sch 1 [11].

rule 6.8: Subst 29.3.1974. Rep 25.10.1996 (see erratum 20.12.1996).

rule 6.8 (previously Rule 6.9): Subst 29.3.1974. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

rule 6.9 (previously Rule 6.10): Subst 29.3.1974. Am 23.5.1980; 26.9.1986; 23.12.1988. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

pt 6, div 2: Rep 2005 (407), Sch 1 [11].

rule 6.10 (previously Rule 6.12): Subst 15.12.1972; 29.3.1974. Am 26.9.1986; 23.12.1988. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

rule 6.11: Subst 29.3.1974. Am 21.12.1979; 25.10.1991; 25.11.1994; 23.2.1996. Rep 25.10.1996 (see erratum 20.12.1996).

rule 6.11 (previously Rule 6.13): Am 23.2.1973. Subst 29.3.1974. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

pt 6, div 3: Rep 2005 (407), Sch 1 [11].

rule 6.12 (previously Rule 6.15): Ins 29.3.1974. Am 25.10.1996. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

rule 6.13 (previously Rule 6.16): Ins 29.3.1974. Am 31.5.1985; 24.4.1986; 21.11.1986; 15.12.1989. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

rule 6.14: Ins 29.3.1974. Subst 23.5.1980. Am 2.4.1982. Rep 12.7.1985. Renumbered 25.10.1996 (see erratum 20.12.1996).

pt 7: Rep 2005 (407), Sch 1 [11].

rule 7.1: Am 6.9.1974; 21.12.1979; 9.12.1983; 23.9.1988; 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407), Sch 1 [11].

rule 7.2: Am 20.2.1987; 20.9.1991. Rep 2005 (407), Sch 1 [11].

rule 7.3: Subst 2.6.1972. Am 6.7.1979; 24.4.1981; 17.12.1982; 7.12.1984; 24.10.1986; 23.12.1988; 13.6.2003. Rep 2005 (407), Sch 1 [11].

rule 7.4: Am 2.6.1972. Subst 30.3.1973. Am 1.8.1975; 8.10.1982; 9.12.1983; 18.12.1987; 19.2.1988; 24.2.1989; 18.8.1989; 24.8.1990; 26.2.1993; 24.6.1994. Rep 2005 (407), Sch 1 [11].

rule 7.5: Subst 2.6.1972. Am 1.11.1985; 23.12.1988; 2.4.1993; 13.6.2003. Rep 2005 (407), Sch 1 [11].

rule 7.6: Am 2.6.1972; 25.3.1977; 23.12.1977; 6.7.1979; 14.11.1980; 23.12.1983; 26.9.1986. Rep 2005 (407), Sch 1 [11].

rule 7.7: Am 15.6.1984; 21.8.1998; 24.12.1998; 19.3.1999. Rep 2005 (407), Sch 1 [11].

rule 7.8: Am 2.6.1972; 21.7.1995; 19.12.1997. Rep 2005 (407), Sch 1 [11].

pt 8: Rep 2005 (407), Sch 1 [11].

rules 8.1–8.4: Rep 2005 (407), Sch 1 [11].

rule 8.5: Am 20.12.1985; 14.2.1986. Rep 2005 (407), Sch 1 [11].

rules 8.6, 8.7: Rep 2005 (407), Sch 1 [11].

rule 8.8: Am 20.10.1989. Rep 2005 (407), Sch 1 [11].

rule 8.9: Am 20.10.1989. Rep 2005 (407), Sch 1 [11].

rule 8.10: Am 20.10.1989. Rep 2005 (407), Sch 1 [11].

rule 8.11: Am 20.10.1989. Rep 2005 (407), Sch 1 [11].

rule 8.12: Rep 2005 (407), Sch 1 [11].

rule 8.13: Am 20.10.1989. Rep 2005 (407), Sch 1 [11].

rule 8.14: Rep 2005 (407), Sch 1 [11].

rule 8.15: Am 20.10.1989. Rep 2005 (407), Sch 1 [11].

rules 8.16, 8.17: Rep 2005 (407), Sch 1 [11].

pt 9: Rep 2005 (407), Sch 1 [11].

rule 9.1: Rep 2005 (407), Sch 1 [11].

rule 9.1A: Ins 2.4.1993. Rep 2005 (407), Sch 1 [11].

rule 9.2: Am 2.6.1972; 23.12.1988. Rep 2005 (407), Sch 1 [11].

rule 9.3: Am 28.6.1974; 23.12.1988. Rep 2005 (407), Sch 1 [11].

rule 9.4: Am 28.6.1974; 21.10.1977; 6.7.1979; 23.3.1984; 23.5.1986; 24.2.1989; 20.9.1991; 25.8.1995. Rep 2005 (407), Sch 1 [11].

rule 9.4A: Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].

rule 9.5: Rep 2005 (407), Sch 1 [11].

rule 9.6: Am 1.10.1976; 21.10.1977. Subst 6.7.1979. Am 14.11.1980; 8.7.1983; 20.12.1985; 12.9.1986 (see erratum 3.10.1986); 24.10.1986; 16.8.1991; 20.9.1991; 23.4.1993; 1.3.1996. Rep 2005 (407), Sch 1 [11].

rule 9.6A: Ins 21.10.1977. Rep 6.7.1979. Ins 2.4.1993. Rep 2005 (407), Sch 1 [11].

rule 9.7: Rep 2005 (407), Sch 1 [11].

rule 9.7A, hdg: Ins 1.8.1975. Subst 29.8.2003. Rep 2005 (407), Sch 1 [11].

rule 9.7A: Ins 1.8.1975. Am 31.5.1985; 21.7.1995; 19.2.1999; 29.8.2003. Rep 2005 (407), Sch 1 [11].

rule 9.7B: Ins 1.8.1975. Am 30.10.1992. Rep 2005 (407), Sch 1 [11].

rule 9.8, headnote: Subst 13.12.1991; 22.3.1996. Rep 2005 (407), Sch 1 [11].

rule 9.8: Am 1.10.1976; 16.8.1991; 20.9.1991. Subst 22.3.1996. Rep 2005 (407), Sch 1 [11].

rules 9.9–9.14: Rep 2005 (407), Sch 1 [11].

rule 9.15: Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].

pt 10: Rep 2005 (407), Sch 1 [11].

pt 10, div 1: Rep 2005 (407), Sch 1 [11].

rule 10.1: Ins 2.4.1993. Rep 2005 (407), Sch 1 [11].

rule 10.1A: Ins 30.8.1985. Rep 17.6.1988.

rule 10.1A (previously Rule 10.1): Am 23.5.1980; 8.10.1982; 26.4.1985; 21.3.1986; 17.6.1988; 2.12.1988. Renumbered 2.4.1993. Rep 2005 (407), Sch 1 [11].

rule 10.2: Am 23.5.1980; 26.4.1985. Subst 17.6.1988. Rep 2005 (407), Sch 1 [11].

rules 10.2A, 10.2B: Ins 17.6.1988. Rep 2005 (407), Sch 1 [11].

rules 10.3, 10.4: Rep 2005 (407), Sch 1 [11].

rule 10.5: Am 17.6.1988. Rep 2005 (407), Sch 1 [11].

rule 10.6: Am 2.4.1993. Rep 2005 (407), Sch 1 [11].

rule 10.6A: Ins 17.6.1988. Rep 2005 (407), Sch 1 [11].

pt 10, div 2: Rep 2005 (407), Sch 1 [11].

rules 10.7–10.10: Rep 2005 (407), Sch 1 [11].

rules 10.11, 10.12: Am 20.7.1990; 21.7.1995. Rep 2005 (407), Sch 1 [11].

rule 10.13: Rep 2005 (407), Sch 1 [11].

pt 11: Rep 2005 (407), Sch 1 [11].

rule 11.1: Am 20.9.1991. Subst 23.5.1997. Rep 2005 (407), Sch 1 [11].

rule 11.1A: Ins 23.5.1997. Rep 2005 (407), Sch 1 [11].

rule 11.2: Rep 2005 (407), Sch 1 [11].

rule 11.3: Am 6.7.1979; 14.11.1980; 24.4.1981; 23.12.1983; 7.12.1984 (see erratum 21.12.1984); 26.9.1986. Rep 2005 (407), Sch 1 [11].

rule 11.4: Am 2.6.1972; 20.2.1987; 20.9.1991; 25.10.1991; 22.9.1995. Rep 2005 (407), Sch 1 [11].

rule 11.5: Am 21.10.1977; 6.7.1979; 23.5.1980 (see erratum 27.6.1980); 23.12.1983; 26.9.1986; 21.4.1989. Rep 2005 (407), Sch 1 [11].

rule 11.6: Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [11].

rule 11.7: Am 2.6.1972. Rep 23.12.1988.

rule 11.8: Am 23.12.1988. Rep 2005 (407), Sch 1 [11].

pt 2 (previously Part 3): Am 2.6.1972; 30.6.1972. Subst 20.10.1972. Am 1.6.1973; 22.2.1974; 29.3.1974; 3.5.1974; 28.6.1974; 22.8.1975; 23.7.1976; 29.4.1977; 22.7.1977. Renumbered 28.10.1977. Am 28.10.1977; 28.7.1978; 8.7.1983; 23.12.1983; 31.5.1985; 22.11.1985; 24.4.1986; 12.9.1986; 20.11.1987; 23.9.1988; 19.5.1989; 20.10.1989; 23.2.1990; 22.6.1990; 28.4.1995; 23.5.1997; 21.5.1999; 24.11.2000; 23.2.2001; 19.10.2001 (see also 26.10.2001); 2005 (407), Sch 1 [160] [161]; 2005 (809), Sch 1 [2]; 2007 (446), Sch 1 [5]–[7].

pt 3 (previously Part 4): Ins 20.10.1972. Am 23.2.1973; 29.3.1974; 13.6.1975; 22.7.1977. Renumbered 28.10.1977. Am 22.12.1978; 28.8.1981 (see erratum 18.9.1981); 25.9.1981; 30.10.1981; 7.5.1982; 30.6.1982; 9.12.1983; 20.9.1985; 22.11.1985; 23.12.1988; 20.10.1989; 20.7.1990; 15.2.1991; 30.10.1992; 2.4.1993 (see erratum 8.4.1993); 23.4.1993; 24.9.1993; 21.7.1995; 24.11.1995; 26.4.1996; 21.5.1999; 30.6.2000; 19.4.2002; 28.11.2003.

pt 2: Ins 2.6.1972. Subst 20.10.1972. Am 24.8.1973; 5.10.1973; 2.11.1973; 7.12.1973; 4.4.1975; 22.12.1978; 21.9.1979; 30.6.1982; 22.10.1982 (see erratum 12.11.1982); 22.4.1983; 9.12.1983; 24.2.1984; 29.6.1984; 31.8.1984; 21.9.1984; 26.4.1985; 5.7.1985; 20.12.1985; 24.4.1986; 27.6.1986; 23.10.1987; 19.2.1988; 23.12.1988; 24.2.1989; 19.5.1989; 18.8.1989; 15.12.1989; 22.12.1989; 30.3.1990; 25.5.1990; 24.8.1990; 15.2.1991; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 2.4.1993; 25.6.1993; 2.7.1993; 20.8.1993; 24.9.1993; 19.11.1993; 25.2.1994; 24.6.1994; 21.10.1994; 23.12.1994; 21.7.1995; 25.8.1995; 24.11.1995; 1.3.1996; 25.10.1996; 22.5.1998; 21.8.1998; 23.10.1998; 20.8.1999; 27.8.1999; 24.9.1999; 24.12.1999 (see also 25.2.2000); 20.4.2000; 24.11.2000; 11.5.2001; 23.11.2001; 30.8.2002; 31.10.2003; 19.12.2003; 1.10.2004. Rep 2005 (407), Sch 1 [162].

pt 2, Heading: Ins 24.8.1973. Am 19.2.1999 (see also 25.6.1999); 25.6.1999. Rep 2005 (407), Sch 1 [162].

pt 2: Ins 24.8.1973. Subst 1.8.1975. Rep 2005 (407), Sch 1 [162].

sch I: Ins 3.1.1986. Am 22.9.1989. Subst 2005 (407), Sch 1 [163]. Rep 2006 (405), Sch 1 [3].

Part 12 Distribution of business

pt 12: Subst 22.8.1975.

pt 12, Heading: Am 2.6.1972. Subst 22.8.1975.

1 (Repealed)

rule 12.1: Subst 2.6.1972; 22.8.1975. Am 23.3.1984; 26.4.1985. Rep 22.9.1989. Ins 2005 (407), Sch 1 [12]. Rep 2006 (405), Sch 1 [1].

1A Procedure under particular Acts

The provisions of Schedule J with respect to proceedings under an Act or instrument referred to in that Schedule apply to proceedings in the Court under that Act or instrument.
rule 12.1A: Ins 15.12.1972. Am 1.6.1973; 29.3.1974. Rep 22.8.1975. Ins 2005 (407), Sch 1 [12].
rule 12.1B: Ins 24.8.1973. Rep 22.8.1975.
rule 12.1C: Ins 7.9.1973. Rep 22.8.1975.

2–7 (Repealed)

rule 12.2: Subst 22.8.1975. Rep 2006 (405), Sch 1 [1].

rule 12.3: Ins 22.8.1975. Rep 2006 (405), Sch 1 [1].

rule 12.4: Ins 22.8.1975. Am 28.7.1978; 6.7.1979; 22.4.1983; 31.5.1985; 20.12.1985 (see erratum 31.1.1986); 24.4.1986; 27.6.1986; 4.9.1987; 23.10.1987; 20.11.1987; 22.9.1989; 17.11.1989; 15.3.1991; 27.3.1992; 26.2.1993; 21.5.1993; 28.4.1995; 26.4.1996; 19.2.1999; 21.5.1999; 25.2.2000; 20.4.2000; 30.6.2000; 25.8.2000; 1.6.2001; 19.4.2002; 29.8.2003; 26.11.2004. Rep 2005 (407), Sch 1 [13].

rule 12.5: Ins 22.8.1975. Am 25.3.1977. Subst 29.4.1977. Am 28.7.1978; 6.7.1979; 30.5.1980; 24.7.1981. Subst 28.8.1981. Am 30.6.1982; 8.10.1982; 9.12.1983; 27.6.1986; 25.7.1986; 22.8.1986; 20.2.1987; 25.9.1987 (see erratum 20.11.1987); 18.12.1987 (see erratum 3.6.1988); 20.5.1988; 23.2.1990; 16.3.1990; 20.7.1990; 19.4.1991; 21.6.1991; 25.10.1991; 22.5.1992; 25.8.1995; 25.10.1996; 24.4.1998; 23.10.1998; 21.5.1999 (see erratum 28.5.1999); 20.4.2000; 30.6.2000; 21.7.2000; 25.8.2000; 20.10.2000; 1.6.2001; 19.4.2002; 26.11.2004. Rep 2005 (407), Sch 1 [13].

rule 12.5A: Ins 23.12.1988. Rep 23.10.1998.

rule 12.6: Ins 22.8.1975. Rep 29.4.1977.

rule 12.6 (previously Rule 12.7): Ins 22.8.1975. Renumbered 29.4.1977. Am 8.10.1982. Rep 19.2.1999.

rule 12.7: Ins 20.11.1987. Subst 23.2.1990. Am 21.5.1993; 7.8.1998; 19.2.1999. Subst 22.12.2000. Rep 2005 (407), Sch 1 [13].

Parts 13–51A

(Repealed)

pt 13: Rep 2005 (407), Sch 1 [14].

pt 13, div 1: Rep 2005 (407), Sch 1 [14].

rule 13.1: Rep 2005 (407), Sch 1 [14].

rule 13.2: Am 2.6.1972; 27.4.1984; 30.3.1990. Rep 2005 (407), Sch 1 [14].

rule 13.3: Am 30.3.1990. Rep 2005 (407), Sch 1 [14].

rule 13.4: Rep 2.6.1972.

pt 13, div 2: Rep 2005 (407), Sch 1 [14].

rule 13.5: Rep 2005 (407), Sch 1 [14].

rule 13.5A: Ins 24.12.1999. Rep 2005 (407), Sch 1 [14].

pt 13, div 3: Rep 2005 (407), Sch 1 [14].

rule 13.6: Am 23.3.1984; 30.3.1990. Rep 2005 (407), Sch 1 [14].

pt 14: Subst 29.3.1974; 24.4.1986; 21.11.1986; 7.8.1998. Rep 2006 (405), Sch 1 [2].

rule 14.1: Subst 29.3.1974; 24.4.1986; 21.11.1986; 7.8.1998; 19.2.1999. Am 2005 (407), Sch 1 [15]. Rep 2006 (405), Sch 1 [2].

rule 14.2: Subst 29.3.1974. Am 23.12.1977. Subst 24.4.1986; 21.11.1986. Am 24.5.1991. Subst 7.8.1998. Am 13.6.2003. Subst 2005 (407), Sch 1 [16]. Rep 2006 (405), Sch 1 [2].

rule 14.3: Subst 29.3.1974; 24.4.1986; 21.11.1986. Am 19.6.1987; 24.6.1994; 26.4.1996; 25.10.1996; 22.11.1996. Subst 7.8.1998; 2005 (407), Sch 1 [16]. Rep 2006 (405), Sch 1 [2].

rule 14.4: Subst 29.3.1974. Rep 24.4.1986. Ins 21.11.1986. Rep 25.7.1997. Ins 7.8.1998. Rep 2006 (405), Sch 1 [2].

rule 14.5: Subst 29.3.1974. Am 23.3.1984. Rep 24.4.1986. Ins 21.11.1986. Subst 7.8.1998. Am 2005 (407), Sch 1 [17]. Rep 2006 (405), Sch 1 [2].

rule 14.6: Ins 29.3.1974. Rep 24.4.1986. Ins 21.11.1986. Am 25.10.1996. Subst 7.8.1998. Am 2005 (407), Sch 1 [18]. Rep 2006 (405), Sch 1 [2].

rules 14.7, 14.8: Ins 29.3.1974. Rep 24.4.1986. Ins 7.8.1998. Rep 2006 (405), Sch 1 [2].

rule 14.9: Ins 29.3.1974. Rep 23.3.1984. Ins 7.8.1998. Rep 28.1.2000.

rule 14.10: Ins 7.8.1998. Am 2005 (407), Sch 1 [19]. Rep 2006 (405), Sch 1 [2].

pt 14A: Ins 31.5.1985. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

pt 14A, Heading: Am 23.2.1990. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 14A.1: Ins 31.5.1985. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 14A.2: Ins 31.5.1985. Am 15.12.1989. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 14A.2A: Ins 15.12.1989. Subst 25.6.1999. Rep 19.10.2001 (see also 26.10.2001).

rule 14A.3: Ins 31.5.1985. Am 15.12.1989. Subst 25.6.1999; 19.10.2001 (see also 26.10.2001). Am 13.6.2003. Subst 2005 (407), Sch 1 [20]. Rep 2006 (405), Sch 1 [2].

rule 14A.4: Ins 31.5.1985. Am 15.12.1989; 26.2.1993. Subst 25.6.1999; 19.10.2001 (see also 26.10.2001). Am 2005 (407), Sch 1 [21]. Rep 2006 (405), Sch 1 [2].

rule 14A.5: Ins 31.5.1985. Am 15.12.1989. Subst 19.10.2001 (see also 26.10.2001). Am 2005 (407), Sch 1 [22]. Rep 2006 (405), Sch 1 [2].

rule 14A.6: Ins 31.5.1985. Rep 15.12.1989. Ins 25.6.1999. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 14A.7: Ins 31.5.1985. Rep 15.12.1989. Ins 19.10.2001 (see also 26.10.2001). Am 2005 (407), Sch 1 [23]. Rep 2006 (405), Sch 1 [2].

rule 14A.8: Ins 31.5.1985. Rep 15.12.1989. Ins 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rules 14A.9–14A.11: Ins 31.5.1985. Rep 15.12.1989.

rule 14A.12: Ins 31.5.1985. Rep 25.7.1997.

rule 14A.13: Ins 31.5.1985. Rep 19.10.2001 (see also 26.10.2001).

rule 14A.14: Ins 31.5.1985. Subst 25.6.1999. Rep 28.1.2000.

pt 14B: Ins 24.12.1999. Rep 2006 (405), Sch 1 [2].

rules 14B.1–14B.5: Ins 24.12.1999. Rep 2006 (405), Sch 1 [2].

rule 14B.6: Ins 24.12.1999. Am 2005 (407), Sch 1 [24]. Rep 2006 (405), Sch 1 [2].

rules 14B.7, 14B.8: Ins 24.12.1999. Rep 2005 (407), Sch 1 [25].

pt 14C: Ins 24.12.1998. Rep 2006 (405), Sch 1 [2].

rule 14C.1: Ins 24.12.1998. Am 28.1.2000. Rep 2006 (405), Sch 1 [2].

rule 14C.2: Ins 24.12.1998. Am 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 14C.3: Ins 24.12.1998. Am 2005 (407), Sch 1 [26]. Rep 2006 (405), Sch 1 [2].

rule 14C.4: Ins 24.12.1998. Am 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 14C.5: Ins 24.12.1998. Rep 2006 (405), Sch 1 [2].

rules 14C.6, 14C.7: Ins 24.12.1998. Rep 2005 (407), Sch 1 [27].

pt 14D: Ins 25.6.1999. Rep 2006 (405), Sch 1 [2].

rule 14D.1: Ins 25.6.1999. Am 23.7.1999; 30.6.2000; 1.6.2001; 19.4.2002; 29.8.2003; 2005 (407), Sch 1 [28]. Rep 2006 (405), Sch 1 [2].

rule 14D.2: Ins 25.6.1999. Am 2005 (407), Sch 1 [29]. Rep 2006 (405), Sch 1 [2].

rule 14D.3: Ins 25.6.1999. Rep 2006 (405), Sch 1 [2].

pt 15: Rep 2005 (407), Sch 1 [30].

pt 15, div 1: Rep 2005 (407), Sch 1 [30].

rule 15.1: Rep 2005 (407), Sch 1 [30].

rule 15.2: Am 2.6.1972; 23.3.1984. Rep 2005 (407), Sch 1 [30].

pt 15, div 2: Rep 2005 (407), Sch 1 [30].

rule 15.2A: Ins 10.12.1993. Rep 23.10.1998.

rule 15.3: Am 2.6.1972; 15.12.1972; 29.3.1974; 26.9.1986; 23.12.1988; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 15.4: Am 3.5.1974; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 15.5: Am 26.4.1985; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

pt 15, div 3: Rep 2005 (407), Sch 1 [30].

rules 15.6–15.10: Rep 2005 (407), Sch 1 [30].

rule 15.11: Subst 16.11.1990; 21.7.1995. Rep 2005 (407), Sch 1 [30].

rule 15.12: Am 2.6.1972; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 15.12A: Ins 30.3.1973. Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 15.13: Am 21.9.1979; 8.10.1982. Rep 2005 (407), Sch 1 [30].

rules 15.14–15.18: Rep 2005 (407), Sch 1 [30].

rule 15.19: Rep 2.6.1972.

pt 15, div 4: Rep 2005 (407), Sch 1 [30].

rule 15.20: Rep 2005 (407), Sch 1 [30].

rule 15.21: Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 15.22: Am 26.4.1985; 26.9.1986; 23.12.1988 (see erratum 27.1.1989); 19.5.1989. Rep 2005 (407), Sch 1 [30].

pt 15, div 5: Rep 2005 (407), Sch 1 [30].

rule 15.23: Am 2.6.1972. Subst 25.2.1983. Am 23.3.1984; 12.7.1985; 26.9.1986; 23.12.1988; 24.2.1989. Rep 2005 (407), Sch 1 [30].

rule 15.24: Subst 23.6.1989. Am 26.4.1996. Rep 2005 (407), Sch 1 [30].

rule 15.25: Rep 29.6.1984.

rules 15.26, 15.27: Rep 2005 (407), Sch 1 [30].

rule 15.28: Ins 23.5.1980. Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 15.29: Ins 26.9.1986 (see errata 19.12.1986, 30.1.1987). Rep 23.12.1988.

pt 15A (Rules 15A.1–15A.4): Ins 28.1.2000. Rep 2005 (407), Sch 1 [30].

pt 16: Rep 2005 (407), Sch 1 [30].

pt 16, div 1, hdg: Ins 20.9.1991. Rep 2005 (407), Sch 1 [30].

rule 16.1: Am 21.12.1979; 8.10.1982; 9.12.1983; 20.4.1990. Rep 2005 (407), Sch 1 [30].

rule 16.1A: Ins 9.12.1983. Am 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407), Sch 1 [30].

rules 16.2–16.4: Rep 2005 (407), Sch 1 [30].

rule 16.5: Am 24.4.1986. Rep 2005 (407), Sch 1 [30].

rule 16.5A: Ins 6.9.1974. Rep 2005 (407), Sch 1 [30].

rule 16.5B: Ins 23.9.1988. Rep 2005 (407), Sch 1 [30].

rule 16.6: Am 26.9.1986; 23.12.1988; 20.4.1990. Rep 2005 (407), Sch 1 [30].

rule 16.7: Am 6.9.1974; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

pt 16, div 2 (Rule 16.8): Ins 20.9.1991. Rep 2005 (407), Sch 1 [30].

pt 16A (Rules 16A.1–16A.5): Ins 10.12.1993. Rep 21.8.1998.

pt 17: Rep 2005 (407), Sch 1 [30].

rule 17.1: Rep 2005 (407), Sch 1 [30].

rule 17.2: Am 2.6.1972; 20.10.1972; 25.2.1983; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 17.3: Rep 2005 (407), Sch 1 [30].

rule 17.4: Am 1.8.1975; 8.10.1982; 9.12.1983. Subst 23.12.1994. Am 25.10.1996. Rep 2005 (407), Sch 1 [30].

rules 17.5, 17.6: Rep 2005 (407), Sch 1 [30].

rule 17.7: Subst 4.5.1973. Rep 2005 (407), Sch 1 [30].

rule 17.8: Rep 2005 (407), Sch 1 [30].

rule 17.9: Am 4.5.1973; 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 17.10: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

pt 18: Rep 2005 (407), Sch 1 [30].

rules 18.1, 18.2: Rep 2005 (407), Sch 1 [30].

rule 18.3: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rules 18.4–18.6: Rep 2005 (407), Sch 1 [30].

pt 19: Rep 2005 (407), Sch 1 [30].

rule 19.1: Am 24.5.1974; 24.2.1995. Rep 2005 (407), Sch 1 [30].

rule 19.2: Am 2.6.1972. Subst 24.2.1995. Rep 2005 (407), Sch 1 [30].

rule 19.3: Rep 2005 (407), Sch 1 [30].

rule 19.4: Am 24.2.1995. Rep 2005 (407), Sch 1 [30].

rule 19.5: Subst 24.2.1995. Rep 2005 (407), Sch 1 [30].

rule 19.6: Rep 2.6.1972.

rules 19.7, 19.8: Am 24.2.1995. Rep 2005 (407), Sch 1 [30].

pt 20: Rep 2005 (407), Sch 1 [30].

rule 20.1: Am 16.3.1990; 24.11.1995; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 20.2: Subst 7.5.1982; 19.12.1986. Am 16.3.1990; 15.2.1991; 15.3.1991. Rep 2005 (407), Sch 1 [30].

rule 20.2A: Ins 7.5.1982. Am 26.9.1986 (see erratum 30.1.1987); 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 20.3: Am 7.5.1982; 19.12.1986; 16.3.1990. Rep 2005 (407), Sch 1 [30].

rule 20.4: Am 20.10.1972; 5.12.1975; 27.4.1984; 20.10.1989; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 20.5: Am 20.10.1989; 16.3.1990. Rep 2005 (407), Sch 1 [30].

rule 20.6: Rep 2005 (407), Sch 1 [30].

rule 20.7: Am 26.9.1986; 20.10.1989; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 20.8: Am 20.10.1989. Rep 2005 (407), Sch 1 [30].

rule 20.9: Am 26.8.1988. Rep 2005 (407), Sch 1 [30].

rule 20.10: Am 2.6.1972; 25.10.1996. Rep 2005 (407), Sch 1 [30].

pt 21: Rep 2005 (407), Sch 1 [30].

rule 21.1: Rep 2005 (407), Sch 1 [30].

rule 21.2: Am 2.6.1972. Subst 20.12.1974; 12.7.1985. Am 16.3.1990. Rep 2005 (407), Sch 1 [30].

rule 21.3: Rep 2005 (407), Sch 1 [30].

rule 21.4: Rep 25.10.1996.

rule 21.5: Am 2.4.1993; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 21.6: Am 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 21.7: Am 12.7.1985; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 21.8: Rep 2005 (407), Sch 1 [30].

pt 22: Subst 23.6.1989. Rep 2005 (407), Sch 1 [30].

pt 22, Heading: Am 31.8.1984. Subst 23.6.1989. Rep 2005 (407), Sch 1 [30].

pt 22, div 1, hdg: Ins 10.12.1993. Rep 2005 (407), Sch 1 [30].

rule 22.1: Ins 10.12.1993. Am 24.6.1994. Rep 2005 (407), Sch 1 [30].

rule 22.1A (previously Rule 22.1): Am 31.8.1984. Subst 23.6.1989. Am 20.9.1991. Renumbered 10.12.1993. Am 10.12.1993 (see errata 24.12.1993). Rep 2005 (407), Sch 1 [30].

rule 22.2: Am 21.12.1979; 31.8.1984. Subst 23.6.1989. Am 19.4.1991. Rep 2005 (407), Sch 1 [30].

rule 22.3: Am 29.3.1974. Subst 23.6.1989. Am 19.4.1991; 16.8.1991; 10.12.1993 (see erratum 24.12.1993); 24.6.1994; 29.11.1996. Rep 2005 (407), Sch 1 [30].

rule 22.4: Subst 23.6.1989; 14.12.1990. Rep 2005 (407), Sch 1 [30].

rule 22.5: Am 31.8.1984. Subst 23.6.1989. Am 22.9.1989; 14.12.1990. Rep 2005 (407), Sch 1 [30].

rule 22.6: Subst 23.6.1989. Am 10.12.1993. Rep 2005 (407), Sch 1 [30].

rule 22.7: Am 2.6.1972. Subst 23.6.1989. Am 24.5.1991; 16.8.1991; 27.3.1992; 24.6.1994; 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407), Sch 1 [30].

rule 22.8: Am 31.8.1984. Subst 23.6.1989. Am 14.12.1990; 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 22.9, headnote: Subst 31.8.1984. Rep 23.6.1989.

rule 22.9: Am 22.8.1986. Subst 23.6.1989. Am 24.6.1994. Rep 2005 (407), Sch 1 [30].

pt 22, div 2, hdg: Ins 10.12.1993. Rep 2005 (407), Sch 1 [30].

rules 22.10, 22.11: Rep 23.6.1989. Ins 10.12.1993. Rep 2005 (407), Sch 1 [30].

pt 22, div 3, hdg: Ins 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 22.12, headnote: Subst 31.8.1984. Rep 23.6.1989. Ins 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 22.12: Am 2.6.1972. Subst 9.12.1983. Am 31.8.1984. Rep 23.6.1989. Ins 25.10.1996 (see erratum 29.11.1996). Am 19.11.1999. Rep 2005 (407), Sch 1 [30].

rule 22.13: Rep 23.6.1989.

rule 22.14: Am 2.6.1972; 6.9.1974; 21.10.1977; 8.10.1982; 9.12.1983; 31.8.1984; 21.12.1984; 20.12.1985; 27.6.1986; 22.8.1986 (see erratum 3.10.1986); 23.10.1987; 19.2.1988; 24.2.1989. Rep 23.6.1989.

rule 22.15: Rep 23.6.1989.

pt 23: Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].

rule 23.1: Am 23.3.1984; 26.9.1986; 24.5.1991. Subst 19.7.1996. Am 23.8.1996; 27.8.1999; 19.11.1999. Rep 2005 (407), Sch 1 [30].

rule 23.2: Am 26.9.1986. Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].

rule 23.3: Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].

rule 23.4: Am 26.9.1986; 23.12.1988. Subst 19.7.1996. Am 23.5.1997. Rep 2005 (407), Sch 1 [30].

rule 23.5: Am 9.12.1983; 26.9.1986. Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].

rule 23.6: Am 20.9.1991. Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].

rule 23.6A: Ins 30.4.1976. Rep 24.5.1996.

rule 23.7: Am 26.9.1986. Rep 19.7.1996.

rule 23.8: Am 25.2.1983; 26.9.1986; 24.2.1989. Rep 19.7.1996.

rule 23.9: Am 26.9.1986; 23.2.1990. Rep 19.7.1996.

rule 23.10: Am 26.9.1986. Rep 19.7.1996.

rules 23.11–23.14: Rep 19.7.1996.

rule 23.15: Am 21.10.1977; 26.9.1986; 20.10.1989; 23.2.1990; 30.3.1990; 20.9.1991. Rep 19.7.1996.

rule 23.15A: Ins 21.6.1991. Rep 19.7.1996.

rule 23.16: Subst 24.5.1996. Am 23.8.1996. Rep 19.7.1996. For proceedings commenced before 1.10.1996, see also paragraph 3 of GG No 98 of 27.8.1999, p 7460 and paragraph 3 of GG No 130 of 19.11.1999, p 10696.

pt 24: Rep 2005 (407), Sch 1 [30].

rule 24.1: Am 2.6.1972; 23.3.1984; 26.9.1986; 20.11.1987; 24.5.1991. Rep 2005 (407), Sch 1 [30].

rule 24.2: Am 26.9.1986. Rep 2005 (407), Sch 1 [30].

rule 24.3: Rep 2005 (407), Sch 1 [30].

rule 24.4: Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].

rule 24.5: Am 26.9.1986 (see erratum 30.1.1987). Rep 2005 (407), Sch 1 [30].

rule 24.6: Am 23.8.1996; 27.8.1999; 19.11.1999. Rep 2005 (407), Sch 1 [30].

rule 24.7: Am 25.2.1983; 26.9.1986; 24.2.1989. Rep 2005 (407), Sch 1 [30].

rule 24.8: Rep 2005 (407), Sch 1 [30].

rule 24.9: Am 21.10.1977; 26.9.1986; 20.10.1989; 16.3.1990; 30.3.1990; 20.9.1991. Rep 2005 (407), Sch 1 [30].

rule 24.10: Rep 2005 (407), Sch 1 [30].

rule 24.11: Rep 23.8.1996.

pt 25: Rep 2005 (407), Sch 1 [30].

pt 25, div 1: Rep 2005 (407), Sch 1 [30].

rules 25.1–25.3: Am 26.9.1986. Rep 2005 (407), Sch 1 [30].

rule 25.4: Rep 2005 (407), Sch 1 [30].

rules 25.5, 25.6: Am 26.9.1986. Rep 2005 (407), Sch 1 [30].

rule 25.7: Am 2.6.1972; 29.8.1980. Rep 26.9.1986.

pt 25: Ins 26.9.1986. Am 24.7.1992. Rep 2005 (407), Sch 1 [30].

pt 25.div 1A (Rules 25.7A, 25.7B): Ins 26.9.1986. Am 24.7.1992. Rep 2005 (407), Sch 1 [30].

pt 25, div 2: Rep 2005 (407), Sch 1 [30].

rule 25.8: Am 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

rule 25.9: Rep 25.8.1995.

pt 25, div 3: Rep 2005 (407), Sch 1 [30].

rule 25.10: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

pt 26: Subst 23.3.1984. Rep 2005 (407), Sch 1 [30].

rule 26.1: Am 21.4.1978. Subst 23.3.1984. Am 21.9.1984; 24.4.1986. Rep 2005 (407), Sch 1 [30].

rule 26.2: Am 21.4.1978. Subst 23.3.1984. Rep 2005 (407), Sch 1 [30].

rule 26.3: Rep 23.3.1984. Ins 28.1.2000. Rep 2005 (407), Sch 1 [30].

rules 26.4–26.8: Rep 23.3.1984.

pt 27: Rep 2005 (407), Sch 1 [30].

pt 27, Heading: Am 12.9.1986; 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.1: Am 23.5.1980; 25.7.1986; 24.10.1986. Subst 19.5.1989. Am 21.7.1995. Rep 2005 (407), Sch 1 [30].

rule 27.1A: Ins 12.9.1986. Subst 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.1B: Ins 19.5.1989. Am 25.10.1996; 19.2.1999. Rep 2005 (407), Sch 1 [30].

rules 27.1C, 27.1D: Ins 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.2: Am 12.9.1986; 19.5.1989; 23.12.1994. Rep 2005 (407), Sch 1 [30].

rule 27.2A: Ins 12.9.1986. Rep 2005 (407), Sch 1 [30].

rule 27.2B: Ins 21.11.1986. Am 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.3: Am 23.5.1980; 12.9.1986; 19.5.1989. Rep 2005 (407), Sch 1 [30].

rules 27.4, 27.5: Am 2.6.1972. Rep 2005 (407), Sch 1 [30].

rule 27.6: Subst 23.5.1980. Am 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.7: Am 23.5.1980; 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.8: Am 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.8A: Ins 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.9: Am 23.5.1980; 19.5.1989. Rep 2005 (407), Sch 1 [30].

rule 27.10: Rep 2005 (407), Sch 1 [30].

rule 27.11: Am 23.5.1980. Rep 2005 (407), Sch 1 [30].

rule 27.12: Am 12.9.1986. Rep 2005 (407), Sch 1 [30].

rule 27.13: Am 19.12.1986. Rep 2005 (407), Sch 1 [30].

pt 27 (The whole Part): Am 28.4.1995 (“Evidence Act 1905” and “Evidence Act 1905 of the Commonwealth” omitted wherever occurring, “Foreign Evidence Act” inserted instead; “7V (1)”, “7V (3)” and “7W” omitted wherever occurring, “7 (1)”, “8 (1)” and “10” inserted instead respectively). Rep 2005 (407), Sch 1 [30].

pt 28: Rep 2005 (407), Sch 1 [30].

rule 28.1: Am 2.6.1972; 18.12.1987; 21.7.1995; 20.6.1997; 25.8.2000. Rep 2005 (407), Sch 1 [30].

rules 28.2–28.6: Rep 2005 (407), Sch 1 [30].

rule 28.7: Subst 23.3.1984; 7.12.1984. Rep 2005 (407), Sch 1 [30].

rule 28.8: Rep 23.3.1984.

rule 28.12A: Ins 2.6.1972. Rep 20.10.1972.

pt 29: Rep 2005 (407), Sch 1 [30].

rules 29.1–29.4: Rep 2005 (407), Sch 1 [30].

rule 29.5: Am 6.9.1974; 8.10.1982; 9.12.1983; 21.12.1984; 20.12.1985; 27.6.1986; 23.10.1987; 19.2.1988; 24.2.1989; 18.8.1989; 24.8.1990. Rep 2005 (407), Sch 1 [30].

rules 29.6, 29.7: Rep 2005 (407), Sch 1 [30].

pt 30 (Rules 30.1–30.5): Rep 2005 (407), Sch 1 [30].

pt 31: Rep 2005 (407), Sch 1 [30].

pt 31, Heading: Subst 22.8.1975. Rep 2005 (407), Sch 1 [30].

pt 31, div 1: Rep 2005 (407), Sch 1 [30].

rules 31.1, 31.2: Rep 2005 (407), Sch 1 [30].

rule 31.3: Rep 22.8.1975.

rule 31.4: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 31.5: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 31.6: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

pt 31, div 2: Rep 2005 (407), Sch 1 [30].

rule 31.7: Ins 22.8.1975. Rep 2005 (407), Sch 1 [30].

pt 32: Rep 2005 (407), Sch 1 [30].

pt 32, div 1: Rep 2005 (407), Sch 1 [30].

rule 32.1: Subst 1.8.1975. Am 19.10.1979. Rep 2005 (407), Sch 1 [30].

rule 32.2: Rep 2005 (407), Sch 1 [30].

rule 32.3: Rep 2.6.1972. Ins 7.9.1973. Rep 17.6.1988.

pt 32, div 2: Rep 2005 (407), Sch 1 [30].

rules 32.4–32.7: Rep 2005 (407), Sch 1 [30].

rule 32.8: Am 26.8.1988; 21.4.1989. Rep 2005 (407), Sch 1 [30].

pt 32, div 3: Ins 1.8.1975. Rep 29.8.2003.

rule 32.9: Ins 1.8.1975. Subst 19.2.1999. Rep 29.8.2003.

rule 32.9A: Ins 23.5.1980. Rep 29.8.2003.

rules 32.10–32.14: Ins 1.8.1975. Rep 29.8.2003.

rule 32.14A: Ins 21.9.1979. Rep 29.8.2003.

rules 32.15–32.19: Ins 1.8.1975. Rep 29.8.2003.

rule 32.20: Ins 1.8.1975. Am 21.9.1979; 12.10.1979. Rep 29.8.2003.

rule 32.21: Ins 1.8.1975. Rep 29.8.2003.

pt 32, div 4: Ins 1.8.1975. Am 30.10.1992 (“appellant” and “respondent” omitted wherever occurring, “plaintiff” and “defendant” inserted instead); 26.2.1993 (“determination or direction” omitted wherever occurring, “decision” inserted instead). Rep 2005 (407), Sch 1 [30].

rule 32.22: Ins 1.8.1975. Subst 30.10.1992. Rep 2005 (407), Sch 1 [30].

rule 32.22A: Ins 16.8.1991. Rep 30.10.1992.

rule 32.23: Ins 1.8.1975. Am 30.10.1992; 27.11.1992. Rep 2005 (407), Sch 1 [30].

rule 32.24: Ins 1.8.1975. Subst 30.10.1992. Rep 2005 (407), Sch 1 [30].

rules 32.25, 32.26: Ins 1.8.1975. Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

rule 32.27: Ins 1.8.1975. Rep 2005 (407), Sch 1 [30].

rule 32.27A, headnote: Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

rule 32.27A: Ins 21.9.1979. Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

rules 32.28, 32.29: Ins 1.8.1975. Rep 2005 (407), Sch 1 [30].

rule 32.30: Ins 1.8.1975. Am 21.9.1979 (see erratum 12.10.1979). Rep 2005 (407), Sch 1 [30].

rule 32.31: Ins 1.8.1975. Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

rule 32.32: Ins 1.8.1975. Am 21.9.1979. Rep 2005 (407), Sch 1 [30].

rule 32.33: Ins 1.8.1975. Am 30.10.1992; 19.2.1999. Rep 2005 (407), Sch 1 [30].

rules 32.34, 32.35: Ins 1.8.1975. Rep 2005 (407), Sch 1 [30].

rule 32.35, footnote: Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

pt 32, div 5 (Rules 32.36–32.39): Ins 26.3.1976. Rep 24.11.1978.

pt 32A: Ins 21.8.1998. Rep 2005 (407), Sch 1 [30].

pt 32A, Heading: Ins 21.8.1998. Am 23.10.1998. Rep 2005 (407), Sch 1 [30].

rule 32A.1: Ins 21.8.1998. Am 23.10.1998. Rep 2005 (407), Sch 1 [30].

rule 32A.2: Ins 21.8.1998. Am 28.11.2003. Rep 2005 (407), Sch 1 [30].

rule 32A.3: Ins 21.8.1998. Rep 2005 (407), Sch 1 [30].

pt 33: Rep 2005 (407), Sch 1 [30].

rules 33.1, 33.2: Rep 2005 (407), Sch 1 [30].

rule 33.3: Am 28.4.1995. Rep 2005 (407), Sch 1 [30].

rule 33.4: Rep 2005 (407), Sch 1 [30].

rule 33.5: Am 30.3.1973; 31.5.1985; 24.4.1986; 21.11.1986; 15.12.1989; 7.8.1998; 19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [30].

rule 33.6: Am 22.7.1977; 25.11.1994. Rep 2005 (407), Sch 1 [30].

rule 33.7: Rep 23.3.1984.

rule 33.8: Am 30.3.1973; 22.12.1989. Rep 2005 (407), Sch 1 [30].

rule 33.8A: Ins 30.3.1973. Am 26.9.1986; 21.11.1986; 20.3.1987 (see erratum 10.4.1987); 19.6.1987; 23.2.1990; 31.3.1994. Rep 2005 (407), Sch 1 [30].

rule 33.8B: Ins 20.4.1990. Rep 2005 (407), Sch 1 [30].

rule 33.9: Am 30.3.1973. Rep 2005 (407), Sch 1 [30].

pt 34: Rep 2005 (407), Sch 1 [30].

rules 34.1, 34.2: Rep 2005 (407), Sch 1 [30].

rule 34.3: Subst 2.6.1972. Am 25.10.1974; 4.4.1975; 19.11.1993 (see erratum 26.11.1993); 25.6.1999. Subst 1.11.2002. Rep 2005 (407), Sch 1 [30].

rules 34.4–34.6: Rep 2005 (407), Sch 1 [30].

rule 34.6AA: Ins 28.1.2000 (see also 25.2.2000). Rep 2005 (407), Sch 1 [30].

rule 34.6A: Ins 12.7.1985. Rep 2005 (407), Sch 1 [30].

rule 34.7: Am 2.6.1972; 23.7.1976; 12.7.1985; 24.4.1986; 15.12.1989; 20.4.1990; 25.6.1999. Rep 2005 (407), Sch 1 [30].

rule 34.8: Am 2.6.1972. Subst 23.7.1976. Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 34.8A, headnote: Ins 25.10.1991. Rep 2005 (407), Sch 1 [30].

rule 34.8A: Ins 20.4.1990. Rep 2005 (407), Sch 1 [30].

rule 34.9: Rep 2005 (407), Sch 1 [30].

rule 34.10: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

pt 35 (Rules 35.1–35.3): Rep 2005 (407), Sch 1 [30].

pt 36: Rep 2005 (407), Sch 1 [30].

rule 36.1: Am 24.4.1986; 21.11.1986. Rep 2005 (407), Sch 1 [30].

rule 36.2: Am 9.12.1983; 27.3.1992; 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

rule 36.2A: Ins 25.7.1997 (see errata 8.8.1997 and 22.8.1997). Rep 2005 (407), Sch 1 [30].

rule 36.3: Rep 2005 (407), Sch 1 [30].

rule 36.4: Am 17.11.1989. Rep 2005 (407), Sch 1 [30].

rule 36.4A: Ins 25.8.1989. Am 22.9.1989; 27.3.1992. Rep 2005 (407), Sch 1 [30].

rule 36.5: Rep 2005 (407), Sch 1 [30].

rule 36.6: Am 2.6.1972; 12.9.1986. Subst 19.5.1989. Am 17.11.1989; 28.4.1995; 21.7.1995. Rep 2005 (407), Sch 1 [30].

rule 36.6B: Ins 28.4.1995. Am 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 36.7: Am 14.2.1986; 21.3.1986; 20.2.1987. Rep 2005 (407), Sch 1 [30].

rule 36.8: Rep 2005 (407), Sch 1 [30].

rule 36.9: Am 14.2.1986; 20.2.1987. Rep 2005 (407), Sch 1 [30].

rule 36.10: Rep 2005 (407), Sch 1 [30].

rule 36.10A: Ins 19.7.1985. Am 16.8.1991; 20.10.2000. Rep 2005 (407), Sch 1 [30].

rule 36.10B: Ins 20.10.2000. Rep 2005 (407), Sch 1 [30].

rule 36.11: Rep 2005 (407), Sch 1 [30].

rule 36.12: Am 2.4.1982; 22.11.1985; 25.10.1991. Rep 2005 (407), Sch 1 [30].

rule 36.12A: Ins 20.10.1972. Rep 2005 (407), Sch 1 [30].

rule 36.13: Am 22.11.1985; 21.6.1991. Subst 27.8.1999. Am 19.11.1999. Rep 2005 (407), Sch 1 [30].

rule 36.13A: Ins 15.12.1972. Am 30.3.1973; 7.12.1973. Subst 17.8.1979. Am 29.8.1980; 27.4.1984. Subst 26.9.1986. Am 19.11.1993; 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

rule 36.13B: Ins 13.6.1975. Rep 30.4.1976. Ins 17.8.1979. Am 27.4.1984; 20.9.1985; 26.9.1986; 24.10.1986; 19.11.1993; 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

rule 36.13BA: Ins 26.3.2004. Am 28.5.2004. Rep 2005 (407), Sch 1 [30].

rules 36.13BB, 36.13BC: Ins 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 36.13C: Ins 13.12.1991. Am 25.6.1993. Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

rule 36.13CA: Ins 28.1.2000. Am 1.6.2001; 27.7.2001. Rep 2005 (407), Sch 1 [30].

rule 36.13D: Ins 25.8.1995. Am 22.9.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

rule 36.13E: Ins 19.7.1996. Rep 2005 (407), Sch 1 [30].

rule 36.14, headnote: Am 21.2.1997. Rep 2005 (407), Sch 1 [30].

rule 36.14: Rep 2005 (407), Sch 1 [30].

rule 36.15, headnote: Am 21.2.1997. Rep 2005 (407), Sch 1 [30].

rule 36.15: Rep 2005 (407), Sch 1 [30].

rule 36.16: Am 2.6.1972; 2.4.1982; 24.12.1982; 14.7.1989; 21.5.1999; 27.8.1999; 26.3.2004. Rep 2005 (407), Sch 1 [30].

pt 36A (Rules 36A.1–36A.8): Ins 1.3.1996. Rep 2005 (407), Sch 1 [30].

pt 37: Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.1: Am 2.6.1972; 6.7.1979; 2.4.1982. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.2: Am 2.6.1972; 2.4.1982; 23.9.1988. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.3: Am 2.6.1972; 2.4.1982. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.3A: Ins 17.8.1979. Am 2.4.1982; 20.9.1985; 26.2.1993. Rep 26.3.2004.

rule 37.4: Am 2.6.1972. Subst 2.4.1982. Am 2.4.1993; 1.3.1996; 19.3.1999. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.5: Am 2.6.1972; 2.4.1982; 25.8.1995. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.6: Am 2.6.1972; 6.7.1979; 2.4.1982; 26.9.1986; 24.10.1986. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.7: Am 17.8.1979; 2.4.1982; 24.2.1989; 10.12.1993; 19.3.1999. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.7A: Ins 17.8.1979. Am 2.4.1982; 20.9.1985; 20.10.1989; 6.3.1992. Rep 26.3.2004.

rule 37.8: Subst 2.4.1982; 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.9: Ins 2.4.1982. Subst 26.8.1988. Am 25.8.1995. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.10: Ins 24.12.1982. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rule 37.11: Ins 2.10.1992. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].

rules 37.12, 37.13: Ins 26.3.2004. Rep 2005 (407), Sch 1 [30].

pt 38: Rep 2005 (407), Sch 1 [30].

rule 38.1: Rep 2005 (407), Sch 1 [30].

rule 38.2: Am 2.6.1972; 22.9.1989; 21.2.1997; 20.2.1998. Rep 2005 (407), Sch 1 [30].

rule 38.3: Am 26.9.1986. Rep 2005 (407), Sch 1 [30].

rule 38.4: Subst 25.10.1996. Rep 2005 (407), Sch 1 [30].

rule 38.4A: Ins 8.7.1983. Rep 24.9.1993.

rule 38.5: Subst 26.9.1986. Rep 2005 (407), Sch 1 [30].

rule 38.6: Rep 14.2.1986. Ins 26.9.1986. Am 21.4.1989. Subst 21.10.1994. Rep 2005 (407), Sch 1 [30].

rule 38.7: Subst 2.6.1972. Am 14.2.1986; 27.11.1992. Rep 2005 (407), Sch 1 [30].

rule 38.7A: Ins 22.4.1994. Rep 2005 (407), Sch 1 [30].

rule 38.8: Rep 2005 (407), Sch 1 [30].

rule 38.9: Am 26.9.1986; 24.10.1986. Rep 2005 (407), Sch 1 [30].

pt 39: Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

pt 39, div 1: Rep 2005 (407), Sch 1 [30].

rule 39.1: Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

rule 39.2: Am 22.11.1985. Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

rules 39.3–39.5: Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

rule 39.6: Subst 28.1.2000; 23.5.2003. Rep 2005 (407), Sch 1 [30].

pt 39, div 2: Rep 2005 (407), Sch 1 [30].

rule 39.7: Am 23.10.1998. Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

pt 40: Rep 2005 (407), Sch 1 [30].

pt 40, Heading: Am 4.5.1973. Rep 2005 (407), Sch 1 [30].

pt 40, div 1: Rep 2005 (407), Sch 1 [30].

rules 40.1, 40.2: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 40.3: Am 9.12.1983; 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 40.4: Subst 12.7.1985. Rep 2005 (407), Sch 1 [30].

rules 40.5, 40.6: Rep 2005 (407), Sch 1 [30].

rule 40.7: Am 6.9.1974; 8.10.1982; 9.12.1983; 21.12.1984; 20.12.1985; 27.6.1986; 20.2.1987; 20.3.1987; 23.10.1987; 19.2.1988; 24.2.1989; 18.8.1989; 30.3.1990; 24.8.1990; 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407), Sch 1 [30].

rule 40.8: Am 25.10.1974; 23.5.1997. Rep 2005 (407), Sch 1 [30].

rule 40.9: Am 2.6.1972; 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 40.10: Am 7.12.1984. Rep 2005 (407), Sch 1 [30].

pt 40, div 2: Ins 4.5.1973. Rep 2005 (407), Sch 1 [30].

rule 40.11: Ins 4.5.1973. Am 20.12.1974; 23.3.1984; 22.3.1985; 30.3.1990; 24.2.1995; 24.11.1995; 19.12.1997. Subst 24.4.1998. Am 24.7.1998. Rep 2005 (407), Sch 1 [30].

rule 40.12: Ins 23.3.1984. Rep 22.3.1985. Ins 24.6.1994. Subst 23.5.1997. Am 21.8.1998. Rep 2005 (407), Sch 1 [30].

pt 41: Rep 2005 (407), Sch 1 [30].

pt 41, Heading: Am 22.5.1992. Rep 2005 (407), Sch 1 [30].

pt 41, div 1: Rep 30.3.1990.

rule 41.1: Am 24.4.1986. Rep 30.3.1990.

pt 41, div 2: Rep 2005 (407), Sch 1 [30].

rule 41.2: Am 23.6.1972. Rep 30.3.1990.

rule 41.3: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 41.4: Subst 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 41.5: Rep 30.3.1990.

rule 41.6: Rep 2005 (407), Sch 1 [30].

rule 41.7: Am 30.3.1979; 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 41.8: Rep 2005 (407), Sch 1 [30].

pt 41, div 3: Rep 2005 (407), Sch 1 [30].

rule 41.9: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

pt 41, div 4: Rep 2005 (407), Sch 1 [30].

rule 41.10: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 41.11: Am 7.12.1984; 30.3.1990; 21.5.1999. Rep 2005 (407), Sch 1 [30].

rule 41.12: Rep 30.3.1990.

rule 41.13: Am 30.3.1979. Subst 30.3.1990. Am 25.2.1994; 24.5.1996; 23.5.1997; 23.7.1999; 24.12.1999 (see also 25.2.2000). Rep 2005 (407), Sch 1 [30].

rule 41.14: Rep 30.3.1990.

pt 41, div 5: Rep 2005 (407), Sch 1 [30].

rule 41.15, headnote: Subst 22.5.1992. Rep 2005 (407), Sch 1 [30].

rule 41.15: Am 2.6.1972; 24.4.2003. Rep 2005 (407), Sch 1 [30].

rule 41.15A: Ins 22.5.1992. Rep 2005 (407), Sch 1 [30].

rule 41.15B (previously Rule 41.15A), headnote: Subst 22.5.1992. Rep 2005 (407), Sch 1 [30].

rule 41.15B (previously Rule 41.15A): Ins 5.10.1973. Am 23.12.1988. Renumbered 22.5.1992. Am 2.10.1992. Rep 2005 (407), Sch 1 [30].

rule 41.16: Rep 2005 (407), Sch 1 [30].

pt 42: Rep 2005 (407), Sch 1 [30].

rule 42.1: Rep 2005 (407), Sch 1 [30].

rule 42.2: Am 19.12.1997. Rep 2005 (407), Sch 1 [30].

rule 42.3: Am 22.8.1975; 19.12.1997. Rep 2005 (407), Sch 1 [30].

rule 42.4: Am 20.10.1972; 4.5.1973; 2.4.1993; 19.12.1997. Rep 2005 (407), Sch 1 [30].

rule 42.5: Am 2.4.1993. Rep 2005 (407), Sch 1 [30].

rule 42.6: Am 12.7.1985; 19.12.1997. Rep 2005 (407), Sch 1 [30].

rule 42.7: Am 2.4.1982. Rep 2005 (407), Sch 1 [30].

rule 42.8: Am 2.6.1972; 12.7.1985; 20.10.1989; 30.3.1990. Rep 2005 (407), Sch 1 [30].

rules 42.9–42.12: Rep 2005 (407), Sch 1 [30].

rule 42.13: Am 28.7.1978. Rep 2005 (407), Sch 1 [30].

pt 43: Rep 2005 (407), Sch 1 [30].

rules 43.1–43.3: Rep 2005 (407), Sch 1 [30].

rule 43.4: Am 2.6.1972. Subst 2.4.1982; 19.2.1988. Rep 2005 (407), Sch 1 [30].

pt 44: Rep 2005 (407), Sch 1 [30].

rules 44.1–44.5: Rep 2005 (407), Sch 1 [30].

rule 44.6: Am 24.6.1994; 21.8.1998. Rep 2005 (407), Sch 1 [30].

rule 44.7: Am 2.6.1972; 2.4.1993; 24.6.1994; 21.8.1998. Rep 2005 (407), Sch 1 [30].

rules 44.8, 44.9: Rep 2005 (407), Sch 1 [30].

rule 44.10: Subst 2.4.1993. Am 24.6.1994; 21.8.1998. Rep 2005 (407), Sch 1 [30].

rule 44.11: Ins 28.5.1982. Am 30.9.1988. Subst 2.4.1993. Rep 2005 (407), Sch 1 [30].

pt 45: Rep 2005 (407), Sch 1 [30].

rules 45.1–45.3: Rep 2005 (407), Sch 1 [30].

rule 45.4: Am 28.5.1982. Rep 2005 (407), Sch 1 [30].

rule 45.5: Rep 2005 (407), Sch 1 [30].

rule 45.6: Subst 30.9.1988. Am 26.2.1993. Rep 2005 (407), Sch 1 [30].

rules 45.7, 45.8: Subst 30.9.1988. Rep 2005 (407), Sch 1 [30].

rules 45.9–45.12: Ins 28.5.1982. Subst 30.9.1988. Rep 2005 (407), Sch 1 [30].

rule 45.13: Ins 28.5.1982. Subst 30.9.1988; 24.7.1992. Rep 2005 (407), Sch 1 [30].

rule 45.14: Ins 28.5.1982. Subst 30.9.1988. Rep 2005 (407), Sch 1 [30].

rule 45.15: Ins 28.5.1982. Subst 30.9.1988. Am 23.2.1990. Rep 2005 (407), Sch 1 [30].

rule 45.16: Ins 28.5.1982. Subst 30.9.1988. Am 2.4.1993; 24.6.1994. Rep 2005 (407), Sch 1 [30].

rule 45.17: Ins 28.5.1982. Subst 30.9.1988. Am 26.2.1993. Rep 2005 (407), Sch 1 [30].

rule 45.18: Ins 28.5.1982. Subst 30.9.1988. Am 23.2.1990. Rep 2005 (407), Sch 1 [30].

rule 45.19: Ins 30.9.1988. Am 2.4.1993; 24.6.1994. Rep 2005 (407), Sch 1 [30].

rules 45.20–45.23: Ins 30.9.1988. Rep 2005 (407), Sch 1 [30].

rule 45.24: Ins 30.9.1988. Am 2.4.1993; 24.6.1994 (see erratum 1.7.1994). Rep 2005 (407), Sch 1 [30].

pt 46: Rep 2005 (407), Sch 1 [30].

rule 46.1: Rep 2005 (407), Sch 1 [30].

rule 46.2: Rep 1.5.1987.

rule 46.3: Am 1.5.1987; 2.4.1993. Rep 2005 (407), Sch 1 [30].

rule 46.4: Rep 2005 (407), Sch 1 [30].

rule 46.5: Am 1.5.1987. Rep 2005 (407), Sch 1 [30].

rule 46.6: Am 6.3.1992. Rep 2005 (407), Sch 1 [30].

rules 46.7, 46.8: Am 2.4.1993. Rep 2005 (407), Sch 1 [30].

rule 46.9: Subst 1.5.1987. Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 46.10: Am 30.3.1990. Rep 2005 (407), Sch 1 [30].

rule 46.10A: Ins 4.4.1975. Subst 1.5.1987. Rep 2005 (407), Sch 1 [30].

rule 46.11: Am 4.4.1975; 1.5.1987. Rep 2005 (407), Sch 1 [30].

rule 46.12: Am 2.4.1993; 24.6.1994. Rep 2005 (407), Sch 1 [30].

pt 47: Rep 2005 (407), Sch 1 [30].

rule 47.1: Rep 2005 (407), Sch 1 [30].

rule 47.1A: Ins 30.3.1973. Rep 2005 (407), Sch 1 [30].

rules 47.2, 47.3: Rep 2005 (407), Sch 1 [30].

pt 48 (Rules 48.1–48.8): Rep 2006 (405), Sch 1 [2].

pt 49: Rep 2006 (405), Sch 1 [2].

pt 49, div 1: Rep 2006 (405), Sch 1 [2].

rule 49.1: Am 30.3.1990; 7.8.1998; 23.10.1998; 19.2.1999; 25.6.1999; 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

rule 49.2: Rep 2006 (405), Sch 1 [2].

rule 49.3: Am 30.3.1990. Rep 2006 (405), Sch 1 [2].

rules 49.4–49.7: Rep 2006 (405), Sch 1 [2].

rule 49.8: Am 6.9.1974; 8.10.1982; 9.12.1983; 21.12.1984; 20.12.1985; 27.6.1986; 20.3.1987; 24.8.1990. Rep 2006 (405), Sch 1 [2].

rule 49.9: Am 6.9.1974; 23.12.1977. Rep 2006 (405), Sch 1 [2].

pt 49, div 2: Rep 2006 (405), Sch 1 [2].

rules 49.10–49.18: Rep 2006 (405), Sch 1 [2].

rule 49.19: Am 26.9.1986. Rep 2006 (405), Sch 1 [2].

pt 50: Rep 2005 (407), Sch 1 [31].

rule 50.1: Am 21.12.1979. Rep 2005 (407), Sch 1 [31].

rule 50.2: Rep 2005 (407), Sch 1 [31].

rule 50.3: Am 21.12.1979. Rep 2005 (407), Sch 1 [31].

rule 50.4: Rep 2005 (407), Sch 1 [31].

rule 50.5: Am 19.7.1996. Rep 2005 (407), Sch 1 [31].

rule 50.5A: Ins 28.11.2003. Rep 2005 (407), Sch 1 [31].

rule 50.6: Am 25.3.1977; 21.12.1979; 12.7.1985; 23.6.1989. Subst 28.11.2003. Rep 2005 (407), Sch 1 [31].

rule 50.6A: Ins 21.12.1979. Rep 2005 (407), Sch 1 [31].

rule 50.6AA: Ins 28.11.2003. Rep 2005 (407), Sch 1 [31].

rule 50.6B: Ins 21.12.1979. Am 20.2.1987; 28.11.2003. Rep 2005 (407), Sch 1 [31].

rule 50.7: Rep 2005 (407), Sch 1 [31].

rule 50.8: Am 20.10.2000. Rep 2005 (407), Sch 1 [31].

rule 50.9: Rep 2005 (407), Sch 1 [31].

rule 50.10: Am 21.2.1992. Rep 2005 (407), Sch 1 [31].

rules 50.11, 50.12: Rep 2005 (407), Sch 1 [31].

pt 51: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

pt 51, div 1: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.1: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.2: Ins 23.5.1997. Am 5.12.1997; 24.12.1999; 29.8.2003; 2005 (407), Sch 1 [32]. Rep 2007 (446), Sch 1 [1].

rule 51.3: Ins 23.5.1997. Am 20.4.2000; 2005 (407), Sch 1 [33]. Rep 2007 (446), Sch 1 [1].

pt 51, div 2: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.4: Ins 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [1].

rules 51.4A–51.4D: Ins 5.12.1997. Rep 2007 (446), Sch 1 [1].

rules 51.5, 51.6: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

rule 51.7: Ins 23.5.1997. Am 2005 (407), Sch 1 [34]. Rep 2007 (446), Sch 1 [1].

rules 51.8–51.11: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

rule 51.12: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.13: Ins 23.5.1997. Am 23.10.1998. Rep 2007 (446), Sch 1 [1].

rule 51.14: Ins 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [1].

rule 51.15: Ins 23.5.1997. Am 20.2.1998. Rep 2007 (446), Sch 1 [1].

rule 51.16: Ins 23.5.1997. Am 2005 (407), Sch 1 [35]. Rep 2007 (446), Sch 1 [1].

rule 51.17: Ins 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [1].

rule 51.18: Ins 23.5.1997. Am 5.12.1997; 20.4.2000; 30.6.2000. Rep 2007 (446), Sch 1 [1].

rules 51.19–51.21: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

rules 51.22–51.26: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.27: Ins 23.5.1997. Am 5.12.1997 (see erratum 16.1.1998). Rep 2007 (446), Sch 1 [1].

rule 51.28: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

pt 51, div 3: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.29: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

rule 51.30: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.30A (previously Rule 51.30): Ins 23.5.1997. Am 20.4.2000. Renumbered 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.31: Ins 23.5.1997. Am 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.32: Ins 23.5.1997. Am 23.10.1998. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.32A: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.33: Ins 23.5.1997. Am 24.9.1999; 20.4.2000; 11.5.2001. Rep 2007 (446), Sch 1 [1].

rules 51.34, 51.35: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.35A: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.36: Ins 23.5.1997. Am 5.12.1997; 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.37: Ins 23.5.1997. Am 5.12.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].

rules 51.37AA, 51.37A: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.38: Ins 23.5.1997. Rep 2005 (407), Sch 1 [36].

pt 51, div 3A, hdg: Ins 23.5.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].

pt 51, div 3A: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.39: Ins 23.5.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].

rules 51.40, 51.41: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

pt 51, div 3B: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.42: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.42A (previously Rule 51.42): Ins 23.5.1997. Am 5.12.1997; 20.4.2000. Renumbered 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.43: Ins 23.5.1997. Am 20.4.2000. Rep 2007 (446), Sch 1 [1].

pt 51, div 4, hdg: Ins 23.5.1997. Am 30.6.2000. Rep 2007 (446), Sch 1 [1].

pt 51, div 4: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.44: Ins 23.5.1997. Subst 5.12.1997; 20.4.2000; 30.6.2000. Rep 2007 (446), Sch 1 [1].

rule 51.44A: Ins 20.4.2000. Am 30.6.2000. Rep 2007 (446), Sch 1 [1].

rule 51.45: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.46: Ins 23.5.1997. Am 5.12.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.46A: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.47: Ins 23.5.1997. Am 19.12.1997. Subst 20.4.2000. Am 30.6.2000. Rep 2007 (446), Sch 1 [1].

rule 51.47A: Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

rule 51.48: Ins 23.5.1997. Am 5.12.1997. Subst 20.4.2000; 30.6.2000. Rep 2007 (446), Sch 1 [1].

rule 51.48A: Ins 20.4.2000. Rep 30.6.2000.

pt 51, div 5: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.49: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.50: Ins 23.5.1997. Am 5.12.1997; 13.6.2003; 2005 (407), Sch 1 [37]. Rep 2007 (446), Sch 1 [1].

rule 51.51: Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].

rules 51.52–51.56: Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].

rule 51.57: Ins 23.5.1997. Am 5.12.1997; 2005 (407), Sch 1 [38]. Rep 2007 (446), Sch 1 [1].

rule 51.58: Ins 23.5.1997. Am 2005 (407), Sch 1 [39] [40]. Rep 2007 (446), Sch 1 [1].

rule 51.59: Ins 24.7.1998. Rep 2007 (446), Sch 1 [1].

pt 51AA (previously Part 51): Renumbered 23.5.1997. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 1: Rep 2005 (407), Sch 1 [41].

rule 51AA.1A: Ins 23.5.1997. Rep 2005 (407), Sch 1 [41].

rule 51AA.1: Am 2.6.1972; 4.5.1973; 24.8.1973; 19.10.1979; 19.12.1986; 30.3.1990; 24.12.1999; 29.8.2003. Rep 2005 (407), Sch 1 [41].

rule 51AA.2: Am 2.6.1972; 22.3.1996. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 2: Rep 2005 (407), Sch 1 [41].

rule 51AA.3, hdg: Am 25.2.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.3: Am 2.6.1972; 28.7.1978; 24.11.1978; 23.5.1980; 25.2.1994; 23.12.1994; 22.9.1995. Rep 2005 (407), Sch 1 [41].

rule 51AA.4: Am 2.6.1972; 28.7.1978; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.5: Subst 2.6.1972; 3.9.1993. Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.5, footnote: Am 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.5A: Ins 2.6.1972. Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.5B: Ins 20.12.1974. Rep 2005 (407), Sch 1 [41].

rule 51AA.6, hdg: Subst 16.8.1991. Am 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.6: Am 16.8.1991; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.7: Subst 2.6.1972. Am 20.12.1974; 25.2.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.8: Am 2.6.1972; 16.8.1991; 3.9.1993; 24.6.1994; 23.12.1994; 22.9.1995. Rep 2005 (407), Sch 1 [41].

rule 51AA.8A: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.8B: Ins 19.8.1994. Am 23.10.1998. Rep 2005 (407), Sch 1 [41].

rule 51AA.9: Am 2.6.1972. Subst 3.9.1993. Am 24.9.1993. Rep 2005 (407), Sch 1 [41].

rule 51AA.10: Am 19.10.1979. Rep 2005 (407), Sch 1 [41].

rule 51AA.11: Am 3.9.1993. Rep 2005 (407), Sch 1 [41].

rule 51AA.12: Am 3.9.1993; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.13: Am 26.8.1988; 3.9.1993; 25.2.1994; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.13A: Ins 5.12.1975. Rep 2005 (407), Sch 1 [41].

rule 51AA.13B, hdg: Am 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.13B: Ins 16.8.1991. Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.14: Subst 5.12.1975. Am 30.4.1976; 24.11.1978; 26.8.1988; 16.8.1991; 3.9.1993; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.15: Am 22.12.1978; 3.9.1993. Rep 2005 (407), Sch 1 [41].

rule 51AA.16: Am 30.4.1976; 30.3.1990; 23.12.1994; 24.2.1995. Rep 2005 (407), Sch 1 [41].

rule 51AA.17: Subst 2.6.1972; 23.12.1994. Am 25.10.1996. Rep 2005 (407), Sch 1 [41].

rule 51AA.17A: Ins 2.6.1972. Subst 24.7.1992. Am 3.9.1993. Rep 2005 (407), Sch 1 [41].

rule 51AA.18, hdg: Subst 22.9.1995. Rep 2005 (407), Sch 1 [41].

rule 51AA.18: Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.18A: Ins 3.9.1993. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 3, hdg: Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 3: Rep 2005 (407), Sch 1 [41].

rule 51AA.18B: Ins 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.19: Am 3.9.1993. Rep 2005 (407), Sch 1 [41].

rule 51AA.20: Rep 3.9.1993.

rule 51AA.20 (previously rule 21): Am 21.12.1979. Subst 14.12.1990. Am 3.9.1993. Renumbered 23.12.1994. Am 23.12.1994; 29.8.2003. Rep 2005 (407), Sch 1 [41].

rule 51AA.21: Ins 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.22: Am 21.12.1979. Subst 14.12.1990. Am 24.6.1994. Subst 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.23: Subst 14.12.1990. Am 3.9.1993. Subst 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.24: Am 24.11.1978; 21.12.1979. Subst 14.12.1990. Am 24.9.1993; 25.2.1994. Subst 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.25: Subst 24.11.1978. Am 14.12.1990. Subst 23.12.1994. Am 24.2.1995. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 3A (rules 25A–25H): Ins 23.12.1994. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 4: Rep 2005 (407), Sch 1 [41].

rule 51AA.26: Subst 24.11.1978 (see erratum 8.12.1978); 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.27: Subst 24.11.1978; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.28: Subst 24.11.1978. Am 15.2.1991; 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.29: Subst 24.11.1978. Am 15.2.1991. Subst 23.12.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.30: Subst 24.11.1978; 23.12.1994. Rep 2005 (407), Sch 1 [41].

pt 51AA, div 5: Rep 2005 (407), Sch 1 [41].

rule 51AA.31: Am 2.6.1972; 16.1.1981; 25.2.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.32: Subst 2.6.1972. Am 22.8.1975; 19.10.1979; 23.5.1980; 13.6.2003; 29.8.2003. Rep 2005 (407), Sch 1 [41].

rule 51AA.32A: Ins 16.8.1991. Rep 2005 (407), Sch 1 [41].

rule 51AA.32B: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.32C: Ins 24.6.1994. Am 19.8.1994. Rep 2005 (407), Sch 1 [41].

rule 51AA.33: Rep 2005 (407), Sch 1 [41].

rule 51AA.33A: Ins 23.12.1994. Am 24.2.1995. Rep 2005 (407), Sch 1 [41].

rule 51AA.34: Am 2.6.1972. Rep 2005 (407), Sch 1 [41].

rule 51AA.35: Ins 2.6.1972. Am 22.8.1975; 23.5.1980; 16.1.1981. Rep 2005 (407), Sch 1 [41].

rule 51AA.36: Ins 19.7.1996. Am 21.3.1997. Rep 2005 (407), Sch 1 [41].

rule 51AA.37: Ins 24.7.1998. Rep 2005 (407), Sch 1 [41].

pt 51AA, notes: Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

pt 51A: Ins 30.6.1972. Rep 2005 (407), Sch 1 [41].

pt 51A, div 1, hdg: Rep 23.2.1990.

rule 51A.1: Ins 30.6.1972. Am 25.10.1974; 25.3.1977; 25.5.1990; 10.12.1993; 24.2.1995; 19.2.1999; 24.12.1999; 29.8.2003; 19.12.2003. Rep 2005 (407), Sch 1 [41].

rule 51A.2: Ins 30.6.1972. Am 25.10.1974; 30.8.1985; 10.12.1993. Rep 2005 (407), Sch 1 [41].

rule 51A.2A: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51A.3: Ins 30.6.1972. Am 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51A.4: Ins 30.6.1972. Rep 2005 (407), Sch 1 [41].

rules 51A.5, 51A.6: Ins 30.6.1972. Am 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51A.6A: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rules 51A.7–51A.11: Ins 30.6.1972. Rep 2005 (407), Sch 1 [41].

rule 51A.11B: Ins 30.8.1985. Rep 24.6.1994.

pt 51A, div 2: Ins 25.10.1974. Rep 23.2.1990.

rule 51A.12: Ins 25.10.1974. Rep 23.2.1990.

rule 51A.12 (previously rule 11A): Ins 30.8.1985. Am 26.8.1988; 24.6.1994. Renumbered 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 51A.13: Ins 25.10.1974. Rep 23.2.1990. Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

Part 51B Appeals to the Court under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001

pt 51B: Ins 19.2.1999.

pt 51B, Heading: Ins 19.2.1999. Am 29.8.2003.

1 Application

This Part applies to an appeal to the Court under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001.
rule 51B.1: Ins 19.2.1999. Am 19.3.1999. Subst 29.8.2003.

2 Assignment of business

Proceedings to which this Division applies shall be commenced in the Common Law Division.
rule 51B.2: Ins 19.2.1999.

3 Definitions

In this Part, unless the context or subject matter otherwise indicates or requires:
decision includes a conviction, order or sentence, judgment, opinion, direction or determination.
informant includes a complainant, the Director of Public Prosecutions and any other person responsible for the conduct of a prosecution.
material date in relation to an appeal means:
(a) where the appeal is from the decision of a court, the date on which the decision is pronounced or given, and
(b) where the appeal is from any other person, the date on which notice of the decision was given to the person who wishes to appeal by or on behalf of the person who made the decision.
tribunal below means, in relation to an appeal to the Court, the court or the person whose decision is under appeal.
rule 51B.3: Ins 19.2.1999. Am 19.3.1999.

4 (Repealed)

rule 51B.4: Ins 19.2.1999. Rep 19.3.1999.

5 Leave to appeal or cross-appeal

(1) An application for leave to appeal and, subject to subrule (2), to cross-appeal must be made by summons under Part 5 rule 3.
(2) A party served with a summons for leave to appeal who wishes to apply for leave to cross-appeal may do so by motion on the hearing of the summons, supported by an affidavit stating the matters set out in subrule (7), without filing or serving a summons or notice of the motion.
(3) Subject to subrules (3A), (5) and (5A), the summons for leave to appeal shall be filed within 28 days after the material date.
(3A) If an application is made to a Local Court under Part 2 of the subject Act, the time for filing a summons for leave to appeal does not start to run until the application under Part 2 is finally disposed of.
(4) A summons for leave to cross-appeal shall be filed within 28 days after service of the summons instituting the appeal, or the summons for leave to appeal, or within such further time as the Court may fix.
(5) The Court may, at any time, extend the time fixed by subrule (3) or (4).
(5A) Where the decision appealed from is that of a magistrate, the tribunal below may, within the time fixed by subrule (3) for filing a summons for leave to appeal (as extended by subrule (3A)) or on application filed within that time, extend the time fixed by subrule (3).
(6) The summons for leave to appeal or to cross-appeal shall include a claim for the decision which the party instituting the appeal seeks in place of the decision of the tribunal below.
(7) The applicant shall file and serve with or subscribe to the summons a brief but specific statement of:
(a)  the grounds relied upon in support of the appeal and, in particular, the grounds upon which it is contended that there is any error of law,
(b)  as to whether the appeal is from the whole or part only and what part of the decision in the tribunal below,
(c)  the nature of the case,
(d)  the questions involved, and
(e)  the reasons why leave should be given.
(8) The applicant for leave to appeal shall, unless the Court otherwise directs, not later than 3 days before the date fixed for the hearing of the application for leave to appeal, file an affidavit exhibiting:
(a)  a copy of the transcript of the proceedings in the tribunal below, unless a transcript cannot be obtained in respect of proceedings of that type, and
(b)  a copy of the reasons for decision in the tribunal below, unless the tribunal below has not given, and does not intend to give, written reasons.
(9) Where an application for leave to appeal or to cross-appeal has been granted:
(a)  the summons for leave to appeal shall be deemed a summons instituting an appeal in respect of the grounds upon which the Court has granted such leave, and
(b)  the summons, or the affidavit under subrule (2), for leave shall be deemed a notice of cross-appeal instituting a cross-appeal in respect of the grounds upon which the Court has granted such leave.
(10) A party applying to the Court for an extension of time under subrule (3) or (4) shall:
(a)  include that application in the summons for leave to appeal or cross-appeal, or
(b)  lodge with his or her notice of motion or summons a draft, completed as far as possible, of the summons under subrule (1) and the statement under subrule (7), to be filed if an extended time is fixed.
rule 51B.5: Ins 19.2.1999. Am 19.3.1999; 13.6.2003; 29.8.2003.

6 Time for appeal

(1) Subject to subrules (1A) and (2) and any provisions made by or under any Act, an appeal must be instituted within 28 days after the material date.
(1A) If an application is made to a Local Court under Part 2 of the subject Act, the time for instituting an appeal does not start to run until the application under Part 2 is finally disposed of.
(2) Time fixed by subrule (1) may be extended:
(a)  by the Court at any time, or
(b)  where the decision appealed from is that of a magistrate—by the tribunal below, but only within the time fixed by subrule (1) for instituting an appeal (as extended by subrule (1A)) or on application filed within that time.
(3) A party applying to the Court for an extension of time under subrule (2) (a) shall:
(a)  include that application in the summons instituting the appeal, or
(b)  lodge with his or her notice of motion or summons a draft, completed as far as possible, of the summons under rule 7 and the statement under rule 8, to be filed if an extended time is fixed.
rule 51B.6: Ins 19.2.1999. Subst 19.3.1999 (see erratum 9.4.1999). Am 29.8.2003.

7 Institution of appeal

Subject to rule 5, an appeal to the Court is to be instituted by filing a summons under Part 5 rule 3 that claims the decision that the party instituting the appeal seeks in place of the decision of the tribunal below.
rule 51B.7: Ins 19.2.1999. Subst 13.6.2003.

8 Statement of ground

The plaintiff shall file and serve with or subscribe to the summons instituting the appeal a brief but specific statement:
(a) of the grounds relied upon in support of the appeal and, in particular, the grounds upon which it is contended that there is any error of law, and
(b) as to whether the appeal is from the whole or part only and what part of the decision in the tribunal below.
rules 51B.8–51B.18: Ins 19.2.1999.

9 Transcript and reasons for decision

The plaintiff shall, unless the Court otherwise directs, not later than 3 days before the date fixed for the hearing of the summons, file an affidavit exhibiting:
(a) a copy of the transcript of the proceedings in the tribunal below, unless a transcript cannot be obtained in respect of proceedings of that type, and
(b) a copy of the reasons for decision in the tribunal below, unless the tribunal below has not given, and does not intend to give, written reasons.
rules 51B.8–51B.18: Ins 19.2.1999.

10 Parties

(1) Any informant and each person who is directly affected by the relief sought in the appeal or is interested in maintaining the decision under appeal shall be joined as a defendant to the appeal.
(2) Subject to subrule (3), the tribunal below shall be joined as a defendant.
(3) Subrule (2) shall not apply where the tribunal below is a court.
(4) The Court may order the addition or removal of any person as a party to an appeal.
(5) A person shall not be made a plaintiff without his consent.
rules 51B.8–51B.18: Ins 19.2.1999.

11 Service

(1) Subject to subrule (2), the plaintiff shall, on the day of filing a summons instituting an appeal or for leave to appeal, or as soon as practicable thereafter, subject to Part 9 rule 8, serve the summons on the defendant personally.
(2) When the summons contains an application for extension of time, service shall be effected on the day when the application is granted, or as soon as practicable thereafter.
rules 51B.8–51B.18: Ins 19.2.1999.

12 Directions for service

Where the Court makes an order granting:
(a)  leave to appeal or to cross-appeal, or
(b)  an extension of time for:
(i)  appealing or cross-appealing, or
(ii)  applying for leave to appeal or to cross-appeal,
the Court may, at the same time or afterwards, give directions for service other than personal service of any summons or notice of cross-appeal by which, pursuant to the order, proceedings are commenced for an appeal or for leave to appeal or to cross-appeal, and of any other document in the proceedings so commenced.
rules 51B.8–51B.18: Ins 19.2.1999.

13 Filing with tribunal below

(1) Where the tribunal below is a court, the plaintiff shall, on the date of instituting the appeal, file a copy of the summons instituting the appeal in the registry or office of that court.
(2) For the purposes of subrule (1), the date of instituting the appeal shall:
(a) if the summons instituting the appeal contains an application for extension of time—the day the application is granted, or
(b) if a summons for leave is deemed by rule 5 (9) to be the summons instituting the appeal—the day when the summons is so deemed.
(3) If compliance with subrule (1) is not in accordance with the practice or organisation of that court, the plaintiff shall lodge a copy of the summons with an officer of that court concerned with its records or process.
rules 51B.8–51B.18: Ins 19.2.1999.

14 Security for costs

(1) The Court may, in special circumstances, order that such security as the Court thinks fit be given of the costs of an appeal to the Court.
(2) Subject to subrule (1), no security for the costs of an appeal to the Court shall be required.
(3) Subrules (1) and (2) do not affect the powers of the Court under Part 53, Division 1 (which relates to security for costs).
rules 51B.8–51B.18: Ins 19.2.1999.

15 Date of hearing of appeal

Unless the Court otherwise orders, the appeal shall not be heard before 21 days after service of the summons by which the appeal is instituted.
rules 51B.8–51B.18: Ins 19.2.1999.

16 Amendment

(1) The summons by which the appeal is instituted and any statement under rule 8 may be amended by the plaintiff without leave by filing a supplementary notice not less than 7 days before the day appointed for hearing.
(2) The plaintiff must, on the day of filing the supplementary notice, serve it on the other parties and must file or lodge a copy of it in accordance with rule 13 as if it were a summons.
(3) Subrule (1) does not affect the powers of the Court under Part 20 (which relates to amendment).
rules 51B.8–51B.18: Ins 19.2.1999.

17 Cross-appeal

(1) Where a defendant wishes to appeal from the whole or part of a decision, the defendant shall file a notice of cross-appeal.
(2) The defendant must file the notice of cross-appeal within the later of:
(a) 28 days after service of the summons instituting the appeal on the defendant, and
(b) 14 days after leave to appeal or to cross-appeal is given.
(3) Subject to subrules (1), (2) and (4), the provisions of this Part relating to an appeal and a summons apply to the cross-appeal and a notice of cross-appeal.
(4) Part 6 and rule 6 (which relates to time for appeal) do not apply to a cross-appeal or notice of cross-appeal.
rules 51B.8–51B.18: Ins 19.2.1999.

18 Notice of contention

Where a defendant wishes to contend that the decision of the tribunal below should be affirmed on grounds other than those relied upon by the tribunal below but does not seek a discharge or variation of any part of the decision of the tribunal below, the defendant need not file a notice of cross-appeal but, within the time limited by rule 17 (2), the defendant must:
(a) file notice of that contention stating, briefly but specifically, the grounds relied upon in support of the contention, and
(b) serve the notice of contention on each other party to the appeal.
rules 51B.8–51B.18: Ins 19.2.1999.

Parts 52–54

(Repealed)

pt 52: Rep 2005 (407), Sch 1 [41].

pt 52, div 1: Rep 2005 (407), Sch 1 [41].

rule 52.1: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52.1A (previously rule 1): Am 2.10.1992; 26.2.1993. Renumbered 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52.1B (previously rule 1A): Ins 27.11.1992. Renumbered 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52.2: Rep 2005 (407), Sch 1 [41].

rule 52.3: Rep 24.6.1994.

rule 52.4: Am 25.6.1993; 19.7.2002. Rep 2005 (407), Sch 1 [41].

rule 52.5: Am 19.6.1987. Rep 2005 (407), Sch 1 [41].

rule 52.6: Am 9.12.1983 (see erratum 13.1.1984). Rep 2005 (407), Sch 1 [41].

rule 52.7: Am 4.9.1987. Rep 2005 (407), Sch 1 [41].

rule 52.8: Rep 2005 (407), Sch 1 [41].

rule 52.9: Am 22.10.1982; 12.7.1985; 19.6.1987; 23.6.1989; 27.3.1992; 2.10.1992; 3.9.1993; 25.2.1994. Rep 2005 (407), Sch 1 [41].

rule 52.9A: Ins 19.6.1987. Rep 2005 (407), Sch 1 [41].

rule 52.10: Am 30.3.1990. Rep 2005 (407), Sch 1 [41].

pt 52, div 2: Rep 2005 (407), Sch 1 [41].

rule 52.11: Rep 2005 (407), Sch 1 [41].

rule 52.11A: Ins 16.8.1991. Subst 13.12.1991 (see erratum 16.10.1992). Am 2.10.1992; 3.9.1993. Rep 2005 (407), Sch 1 [41].

rule 52.11B: Ins 16.8.1991. Rep 2005 (407), Sch 1 [41].

rule 52.11C: Ins 3.9.1993. Rep 2005 (407), Sch 1 [41].

rule 52.12: Am 16.3.1990. Rep 2005 (407), Sch 1 [41].

rule 52.12A: Ins 2.6.1972. Rep 2005 (407), Sch 1 [41].

rule 52.13: Rep 2005 (407), Sch 1 [41].

rule 52.13A: Ins 23.6.1989. Rep 2005 (407), Sch 1 [41].

rules 52.14, 52.15: Subst 27.3.1992. Rep 2005 (407), Sch 1 [41].

rule 52.16: Am 2.4.1993. Rep 2005 (407), Sch 1 [41].

rule 52.17: Am 31.8.1984. Subst 23.6.1989. Am 20.4.1990; 16.11.1990; 14.12.1990; 24.9.1993. Rep 2005 (407), Sch 1 [41].

rule 52.18: Am 12.7.1985. Rep 2005 (407), Sch 1 [41].

rule 52.19: Am 29.3.1974. Subst 23.6.1989. Rep 2005 (407), Sch 1 [41].

rules 52.20, 52.21: Rep 2005 (407), Sch 1 [41].

rule 52.21A: Ins 2.6.1972. Rep 2005 (407), Sch 1 [41].

rule 52.21B: Ins 30.8.1985. Am 10.12.1993. Rep 2005 (407), Sch 1 [41].

rule 52.21C: Ins 30.8.1985. Rep 10.12.1993.

rule 52.21D: Ins 25.8.1989. Am 25.8.1995. Rep 2005 (407), Sch 1 [41].

rule 52.21E: Ins 22.12.1989. Am 15.2.1991; 22.4.1994. Rep 2005 (407), Sch 1 [41].

pt 52, div 3: Rep 2005 (407), Sch 1 [41].

rule 52.22: Rep 2005 (407), Sch 1 [41].

rule 52.23: Am 23.6.1989. Rep 2005 (407), Sch 1 [41].

rule 52.24: Subst 28.9.1973. Am 29.3.1974; 27.5.1977; 24.10.1980; 24.12.1982; 31.8.1984; 24.4.1986; 4.9.1987; 23.6.1989; 20.4.1990; 16.11.1990; 26.2.1993; 21.5.1993; 6.8.1993. Rep 2005 (407), Sch 1 [41].

rules 52.24A, 52.24B: Ins 20.4.1990. Rep 2005 (407), Sch 1 [41].

rules 52.25–52.27: Rep 2005 (407), Sch 1 [41].

rule 52.28: Am 20.10.1972; 1.6.1973; 29.4.1977; 24.4.1986. Rep 2005 (407), Sch 1 [41].

rule 52.28A: Ins 23.6.1989. Rep 2005 (407), Sch 1 [41].

pt 52, div 4 (Rules 52.29–52.31): Rep 2005 (407), Sch 1 [41].

pt 52, div 5: Rep 2005 (407), Sch 1 [41].

rule 52.32: Am 22.9.1989; 26.2.1993. Rep 2005 (407), Sch 1 [41].

rule 52.33: Rep 2005 (407), Sch 1 [41].

pt 52, div 6: Rep 2005 (407), Sch 1 [41].

rule 52.34: Subst 23.5.1980; 22.4.1983. Rep 2005 (407), Sch 1 [41].

rule 52.35: Rep 23.5.1980.

rules 52.36–52.39: Rep 2005 (407), Sch 1 [41].

rule 52.40: Am 23.6.1989; 2.10.1992; 23.4.1993; 10.12.1993 (see errata 24.12.1993). Rep 2005 (407), Sch 1 [41].

rule 52.41: Am 2.6.1972; 23.12.1977; 30.3.1979. Rep 2005 (407), Sch 1 [41].

pt 52, div 7: Rep 2005 (407), Sch 1 [41].

rule 52.42: Rep 2005 (407), Sch 1 [41].

rule 52.43: Am 22.9.1989; 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.44: Rep 2005 (407), Sch 1 [41].

rules 52.45, 52.46: Am 22.9.1989. Rep 2005 (407), Sch 1 [41].

rule 52.47: Subst 3.5.1974; 26.4.1985. Rep 2005 (407), Sch 1 [41].

rule 52.47A: Ins 20.7.1990. Rep 2005 (407), Sch 1 [41].

rule 52.48: Am 3.5.1974; 30.3.1979; 24.2.1984; 26.4.1985; 22.9.1989; 13.6.2003. Rep 2005 (407), Sch 1 [41].

rule 52.49: Am 2.6.1972; 7.7.1972; 30.3.1979; 19.8.1983; 9.12.1983; 20.4.1990; 2.10.1992; 26.2.1993; 23.4.1993. Rep 2005 (407), Sch 1 [41].

rule 52.50: Subst 30.3.1979. Am 23.5.1980; 23.12.1983; 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.50A: Ins 23.12.1983. Am 4.9.1987. Subst 15.3.1991; 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.50B: Ins 23.12.1983. Am 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.51: Am 30.3.1979. Rep 2005 (407), Sch 1 [41].

rules 52.52–52.54: Rep 2005 (407), Sch 1 [41].

rule 52.54A: Ins 9.12.1983. Rep 2005 (407), Sch 1 [41].

rule 52.55: Am 30.3.1979; 24.2.1984. Rep 2005 (407), Sch 1 [41].

rule 52.56: Am 20.9.1991. Rep 2005 (407), Sch 1 [41].

rules 52.57, 52.58: Rep 2005 (407), Sch 1 [41].

rule 52.59: Am 23.5.1980; 23.12.1983; 24.2.1984; 20.9.1991; 25.10.1991; 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.60: Am 2.6.1972; 23.5.1980; 24.2.1984; 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.61: Am 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.62: Am 23.9.1988; 2.10.1992. Rep 2005 (407), Sch 1 [41].

rule 52.63: Am 30.3.1990. Rep 2005 (407), Sch 1 [41].

pt 52, div 8: Rep 2005 (407), Sch 1 [41].

rules 52.64, 52.65: Rep 2005 (407), Sch 1 [41].

rule 52.66: Subst 16.8.1991. Am 20.9.1991. Rep 2005 (407), Sch 1 [41].

rule 52.66A: Ins 16.8.1991. Rep 2005 (407), Sch 1 [41].

rule 52.67: Ins 7.7.1972. Am 11.8.1972; 22.8.1975; 23.9.1977; 24.10.1980; 16.4.1982; 23.12.1983; 26.2.1993. Rep 2005 (407), Sch 1 [41].

rule 52.68: Ins 7.7.1972. Am 20.9.1991; 26.2.1993. Rep 2005 (407), Sch 1 [41].

rule 52.69: Ins 7.7.1972. Am 20.9.1991; 24.4.2003. Rep 2005 (407), Sch 1 [41].

rule 52.70: Ins 5.10.1973. Am 23.12.1988. Rep 2005 (407), Sch 1 [41].

rule 52.71: Ins 23.7.1976. Am 21.12.1979; 30.6.1982; 25.2.1994. Rep 2005 (407), Sch 1 [41].

pt 52A: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

pt 52A, div 1: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.1: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.2: Ins 24.6.1994. Am 25.11.1994; 21.8.1998. Rep 2005 (407), Sch 1 [41].

rule 52A.3: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.4: Ins 24.6.1994. Am 23.5.1997; 19.7.2002. Rep 2005 (407), Sch 1 [41].

rules 52A.5–52A.8: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.9: Ins 24.6.1994. Am 22.3.1996; 7.8.1998; 28.1.2000; 19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [41].

rule 52A.10: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

pt 52A, div 2: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.11: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.11A: Ins 28.1.2000. Rep 2005 (407), Sch 1 [41].

rule 52A.12: Ins 24.6.1994. Am 23.5.1997. Rep 2005 (407), Sch 1 [41].

rule 52A.13: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.14: Ins 24.6.1994. Am 23.12.1994; 23.5.1997. Rep 2005 (407), Sch 1 [41].

rules 52A.15–52A.17: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.18: Ins 24.6.1994. Am 26.4.1996. Rep 2005 (407), Sch 1 [41].

rules 52A.19, 52A.20: Ins 24.6.1994. Am 28.1.2000. Rep 2005 (407), Sch 1 [41].

rule 52A.21: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.22: Ins 24.6.1994. Am 25.10.1996; 19.11.1999. Rep 2005 (407), Sch 1 [41].

rule 52A.23: Ins 24.6.1994. Am 21.8.1998. Rep 2005 (407), Sch 1 [41].

rule 52A.24: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.25: Ins 24.6.1994. Subst 28.1.2000 (see also 25.2.2000). Rep 2005 (407), Sch 1 [41].

rules 52A.26–52A.28: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.29: Ins 24.6.1994. Am 25.8.1995. Rep 2005 (407), Sch 1 [41].

rule 52A.30: Ins 24.6.1994. Am 22.12.1995; 21.8.1998. Rep 2005 (407), Sch 1 [41].

pt 52A, div 3: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rules 52A.31, 52A.32: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.33: Ins 24.6.1994. Am 15.8.1997 (see erratum 5.9.1997); 20.2.1998; 7.8.1998; 19.9.2003. Rep 2005 (407), Sch 1 [41].

rule 52A.34: Ins 24.6.1994. Am 20.8.1999. Rep 2005 (407), Sch 1 [41].

rule 52A.35: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.35A: Ins 28.1.2000. Rep 2005 (407), Sch 1 [41].

rule 52A.36: Ins 24.6.1994. Rep 19.7.1996.

rule 52A.37: Ins 24.6.1994. Subst 23.12.1994. Am 20.6.1997. Rep 2005 (407), Sch 1 [41].

pt 52A, div 4: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.38: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.39: Ins 24.6.1994. Am 19.3.1999. Rep 2005 (407), Sch 1 [41].

rule 52A.40: Ins 24.6.1994. Am 23.5.1997; 25.7.1997; 19.12.1997; 27.7.2001. Rep 2005 (407), Sch 1 [41].

rules 52A.41, 52A.42: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.43: Ins 24.6.1994. Subst 28.1.2000. Rep 2005 (407), Sch 1 [41].

rule 52A.43A: Ins 23.9.1994. Subst 28.1.2000. Rep 2005 (407), Sch 1 [41].

rules 52A.44, 52A.45: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

rule 52A.46, headnote: Ins 24.6.1994. Subst 21.7.1995. Rep 2005 (407), Sch 1 [41].

rule 52A.46: Ins 24.6.1994. Am 21.7.1995; 21.8.1998. Rep 2005 (407), Sch 1 [41].

rules 52A.47–52A.50: Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

pt 53: Rep 2005 (407), Sch 1 [41].

pt 53, div 1: Rep 2005 (407), Sch 1 [41].

rule 53.1: Rep 2005 (407), Sch 1 [41].

rule 53.2: Am 24.5.1991. Rep 2005 (407), Sch 1 [41].

rule 53.3: Am 25.5.1990. Rep 2005 (407), Sch 1 [41].

rules 53.4, 53.5: Rep 2005 (407), Sch 1 [41].

pt 53, div 2, hdg: Am 25.5.1990. Rep 2005 (407), Sch 1 [41].

pt 53, div 2: Rep 2005 (407), Sch 1 [41].

rule 53.6: Rep 2005 (407), Sch 1 [41].

rule 53.6A: Ins 25.5.1990. Rep 2005 (407), Sch 1 [41].

rules 53.7, 53.8: Rep 2005 (407), Sch 1 [41].

pt 54: Rep 2006 (405), Sch 1 [2].

pt 54, div 1: Rep 2006 (405), Sch 1 [2].

rule 54.1: Rep 2006 (405), Sch 1 [2].

rule 54.2: Am 2005 (407), Sch 1 [42]. Rep 2006 (405), Sch 1 [2].

pt 54, div 2: Rep 2006 (405), Sch 1 [2].

rule 54.3: Am 18.12.1987. Rep 2006 (405), Sch 1 [2].

rule 54.4: Rep 2006 (405), Sch 1 [2].

pt 54, div 3, hdg: Ins 2.6.1972. Am 21.2.1997 (see erratum 28.2.1997). Rep 2006 (405), Sch 1 [2].

pt 54, div 3: Rep 2006 (405), Sch 1 [2].

rule 54.5, headnote: Ins 2.6.1972. Am 21.2.1997. Rep 2006 (405), Sch 1 [2].

rule 54.5: Ins 2.6.1972. Subst 20.10.1972. Am 21.2.1997 (see erratum 28.2.1997). Rep 2006 (405), Sch 1 [2].

pt 54, div 4: Ins 6.9.1974. Rep 29.8.2003.

rule 54.6: Ins 6.9.1974. Subst 21.9.1979. Am 19.2.1999. Rep 29.8.2003.

Part 55 Contempt

Division 1 Preliminary

1 Interpretation

In this Part contemnor means a person guilty or alleged to be guilty of contempt of the Court or of any other court.

Division 2 Contempt in the face or hearing of the Court

2 Arrest

cf High Court Rules, O 56, r 1 (1).

Where it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of court, committed in the face of the Court or in the hearing of the Court, the Court may:
(a) by oral order direct that the contemnor be brought before the Court, or
(b) issue a warrant for the arrest of the contemnor.
rule 55.2: Am 2.6.1972.

3 Charge, defence and determination

cf HCR, O 56, r 1 (2).

Where the contemnor is brought before the Court, the Court shall:
(a)  cause him to be informed orally of the contempt with which he is charged,
(b)  require him to make his defence to the charge,
(c)  after hearing him, determine the matter of the charge, and
(d)  make an order for the punishment or discharge of the contemnor.

4 Interim custody

(1) The Court may, pending disposal of the charge:
(a) direct that the contemnor be kept in such custody as the Court may determine, or
(b) direct that the contemnor be released.
cf HCR, O 56, r 1 (3).
(2) The Court may make a direction under subrule 1 (b) on terms, which may include a requirement that the contemnor give security, in such sum as the Court directs, for his appearance in person to answer the charge.
cf HCR, O 56, r 1 (3).

Division 3 Motion or proceedings for punishment

5 Application

cf HCR, O 56, r 2.

This Division does not apply to a case in which the Court proceeds under Division 2.

6 Procedure generally

(1) Where contempt is committed in connection with proceedings in the Court, an application for punishment for the contempt must be made by motion on notice in the proceedings, but, if separate proceedings for punishment of the contempt are commenced, the proceedings so commenced may be continued unless the Court otherwise orders.
(2) Where contempt is committed, but not in connection with proceedings in the Court, proceedings for punishment of the contempt must be commenced by summons, but, if an application for punishment of the contempt is made by motion on notice in any proceedings, the application may be heard and disposed of in the latter proceedings, unless the Court otherwise orders.

7 Statement of charge

cf HCR, O 56, r 3 (a).

A statement of charge, that is, a statement specifying the contempt of which the contemnor is alleged to be guilty, shall be subscribed to, or filed with, the notice of motion or summons.

8 Evidence

(1) Subject to subrule (2), the evidence in support of the charge shall be by affidavit.
(2) The Court may, on terms, permit evidence in support of the charge to be given otherwise than by affidavit.

9 Service

cf HCR, O 56, rr 4, 5.

The notice of motion or summons, the statement of charge, and the affidavits shall be served personally on the contemnor.

10 Arrest

cf HCR, O 56, r 6.

Where:
(a) notice of a motion for punishment of a contempt has been filed or proceedings have been commenced for punishment of a contempt, and
(b) it appears to the Court that the contemnor is likely to abscond or otherwise withdraw himself from the jurisdiction of the Court,
the Court may issue a warrant for the arrest of the contemnor and his detention in custody until he is brought before the Court to answer the charge, unless he, in the meantime, gives security in such manner and in such sum as the Court directs, for his appearance in person to answer the charge and to submit to the judgment or order of the Court.

11 Motion or proceedings by the registrar

(1) Where it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of the Court or of any other court, the Court may, by order, direct the registrar to apply by motion for, or to commence proceedings for, punishment of the contempt.
(2) Subrule (1) does not affect such right as any person other than the registrar may have to apply by motion for, or to commence proceedings for, punishment of contempt.
(3) Where:
(a)  it appears to the District Court on its own view that a person is guilty of contempt of court, whether committed in the face or hearing of the District Court or not, and the District Court refers the matter to the Court for determination under section 203 (1) of the District Court Act 1973,
(b)    (Repealed)
(c)  it appears to a Local Court on its own view that a person is guilty of contempt of the Local Court, whether during a proceeding before the Local Court or otherwise, and the court refers the matter to the Court for determination under section 27B of the Local Courts Act 1982,
the registrar must commence proceedings for punishment of the contempt, and no direction from the Court shall be necessary to enable the registrar to do so.
(4) Subrule (3) does not affect such right as any person other than the registrar may have to commence proceedings for punishment of the contempt prior to the commencement of proceedings by the registrar.
(5) Subrule (3) does not apply in the event that a person other than the registrar commences proceedings for punishment of the contempt prior to the commencement of proceedings by the registrar.
(6) Subject to the rules and to any Act, where, pursuant to a power conferred by or under an Act, a court or other body or person refers or reports a matter to the Court with a view to the Court dealing with a possible contempt of the court, body or person, the registrar shall:
(a)  take advice from the Crown Solicitor as to whether the registrar should take proceedings for contempt in respect of the matter,
(b)  unless the Court otherwise orders, act in accordance with the advice, and
(c)  inform the Attorney-General of the matter.
rule 55.11: Am 16.8.1991; 30.10.1992; 24.9.1993; 20.2.1998; 20.8.1999; 29.8.2003.

Division 4 General

12 Warrant

cf HCR, O 56, r 7.

A warrant for the arrest or detention under this Part of a contemnor shall be addressed to the Sheriff and may be issued under the hand of the Judge or officer presiding in the Court directing the arrest or detention.

13 Punishment

(1) Where the contemnor is not a corporation, the Court may punish contempt by committal to a correctional centre or fine or both.
cf HCR, O 56, r 9.
(2) Where the contemnor is a corporation, the Court may punish contempt by sequestration or fine or both.
(3) The Court may make an order for punishment on terms, including a suspension of punishment or a suspension of punishment in case the contemnor gives security in such manner and in such sum as the Court may approve for good behaviour and performs the terms of the security.
rules 55.13, 55.14: Am 21.2.1997.

14 Discharge

cf HCR, O 56, r 11.

Where a contemnor is committed to a correctional centre for a term, the Court may order his discharge before the expiry of the term.
rules 55.13, 55.14: Am 21.2.1997.

15 (Repealed)

rule 55.15: Ins 2.6.1972. Rep 28.4.1978.

Parts 56–59A

(Repealed)

pt 56: Rep 2005 (407), Sch 1 [43].

pt 56, div 1 (Rule 56.1): Rep 2005 (407), Sch 1 [43].

pt 56, div 2: Rep 2005 (407), Sch 1 [43].

rules 56.2, 56.3: Rep 2005 (407), Sch 1 [43].

rule 56.4: Am 2.6.1972. Rep 2005 (407), Sch 1 [43].

pt 56, div 3 (Rules 56.5–56.8): Rep 2005 (407), Sch 1 [43].

pt 56, div 4: Rep 2005 (407), Sch 1 [43].

rule 56.9: Am 30.3.1990. Rep 2005 (407), Sch 1 [43].

rule 56.10: Rep 2005 (407), Sch 1 [43].

rule 56.11: Am 30.3.1990. Rep 2005 (407), Sch 1 [43].

rules 56.12, 56.13: Rep 2005 (407), Sch 1 [43].

rule 56.14: Am 30.3.1990. Rep 2005 (407), Sch 1 [43].

pt 57: Rep 2006 (405), Sch 1 [2].

rules 57.1, 57.2: Am 1.4.1977. Rep 2006 (405), Sch 1 [2].

rule 57.3: Am 1.4.1977; 2005 (407), Sch 1 [44]. Rep 2006 (405), Sch 1 [2].

rule 57.4: Am 1.4.1977. Rep 2006 (405), Sch 1 [2].

rule 57.5: Am 1.4.1977; 20.7.1990; 21.7.1995. Rep 2006 (405), Sch 1 [2].

pt 58: Rep 2008 (62), Sch 1 [1].

pt 58, Heading: Subst 19.5.1989. Rep 2008 (62), Sch 1 [1].

rule 58.1: Am 28.10.1977; 19.5.1989; 17.11.1989; 21.7.1995. Rep 2008 (62), Sch 1 [1].

rule 58.2: Am 23.5.1980; 19.5.1989; 24.11.2000. Subst 2005 (407), Sch 1 [45]. Rep 2008 (62), Sch 1 [1].

rule 58.3: Rep 2008 (62), Sch 1 [1].

rule 58.4: Am 1.4.1977; 19.5.1989; 2005 (407), Sch 1 [46] [47]. Rep 2008 (62), Sch 1 [1].

rule 58.5: Am 1.4.1977; 19.5.1989; 2005 (407), Sch 1 [48]. Rep 2008 (62), Sch 1 [1].

rule 58.6: Ins 19.5.1989. Am 21.7.1995; 22.9.1995. Rep 2008 (62), Sch 1 [1].

pt 59: Rep 2005 (407), Sch 1 [49].

pt 59, Heading: Subst 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.1: Am 5.10.1973; 23.12.1988. Rep 2005 (407), Sch 1 [49].

rule 59.1A: Ins 5.10.1973. Am 8.10.1982. Rep 2005 (407), Sch 1 [49].

rule 59.2: Am 5.10.1973; 26.8.1988; 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.3: Am 2.6.1972; 5.10.1973; 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.3A: Ins 5.10.1973. Am 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.4: Am 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.5: Am 5.10.1973; 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.6: Rep 2005 (407), Sch 1 [49].

rule 59.7: Am 2.10.1992. Rep 2005 (407), Sch 1 [49].

rule 59.8: Am 5.10.1973; 2.10.1992. Rep 2005 (407), Sch 1 [49].

pt 59A: Ins 2.10.1992. Rep 2008 (62), Sch 1 [1].

rules 59A.1, 59A.2: Ins 2.10.1992. Rep 2008 (62), Sch 1 [1].

rule 59A.3: Ins 2.10.1992. Am 2005 (172), Sch 1. Rep 2008 (62), Sch 1 [1].

rule 59A.4: Ins 2.10.1992. Am 2005 (407), Sch 1 [50]. Rep 2008 (62), Sch 1 [1].

rules 59A.5–59A.8: Ins 2.10.1992. Rep 2008 (62), Sch 1 [1].

rule 59A.9: Ins 2.10.1992. Am 2005 (407), Sch 1 [51]. Rep 2008 (62), Sch 1 [1].

Part 60 Associate Judges

Division 1 General

1 Interpretation

In this Part decision includes a judgment, order, opinion, direction, determination or certificate.
rule 60.1: Ins 23.9.1988.

1A Powers

(1) An associate Judge may exercise the powers of the Court:
(a)  under the provisions of the Acts and regulations and Acts and regulations of the Commonwealth mentioned in column 1 of Part 1 of Schedule D,
(b)  subject to subrule (4), under provisions of any of the following rules of court (the relevant rules):
(i)  these rules,
(ii)  the Supreme Court (Corporations) Rules 1999,
(iii)  the Uniform Civil Procedure Rules 2005,
(c)  in respect of the matters mentioned in Part 3 of Schedule D and in Part 2 of Schedule E.
(2) The matter in column 2 of Parts 1 and 2 of Schedule D is inserted for convenience of reference only and does not affect the operation of the relevant rules.
(3) In relation to any provision mentioned in column 1 of Part 1 of Schedule D, subrule (1) (a) has effect subject to the restriction (if any) appearing beside that provision in column 3.
(4) An associate Judge may not exercise the powers of the Court under any of the provisions of the relevant rules mentioned in column 1 of Part 2 of Schedule D except to the extent (if any) specified opposite that provision in column 3.
(4A)   (Repealed)
(5) In proceedings commenced before 1 July 1972, an associate Judge may exercise any power formerly exercisable by the Prothonotary.
(6) An associate Judge may exercise the powers of the Court for the purposes of, and in respect of all matters incidental to, the exercise of his powers under subrule (1) or under any Act or regulation or under any other provision of the relevant rules.
(7) The generality of the powers granted by subrule (6) shall not be restricted by reason of the grant under subrule (1) of specific powers.
rule 60.1A (previously Rule 60.1): Subst 20.10.1972. Am 24.8.1973; 22.7.1977; 28.10.1977; 30.6.1982; 30.8.1985; 25.9.1987. Renumbered 23.9.1988. Am 27.3.1992; 31.3.1994; 24.12.1999; 19.12.2003; 2005 (407), Sch 1 [52]; 2005 No 98, Sch 2.60 [1]; 2007 (446), Sch 1 [2] [3].

2 Distribution of business

Where there are two or more associate Judges in a Division, the distribution of business amongst the associate Judges shall, subject to any direction of the Court, be by direction of the senior associate Judge present.

3 Judgment or order

An associate Judge shall, on the disposal of any matter before him, give such judgment or make such order as the nature of the case requires, except where, by the rules or by any judgment or order, he is required to state his determination in a certificate or in some other manner.
rule 60.3: Am 30.3.1990; 2005 No 98, Sch 2.60 [1].

4 Certificate

(1) An associate Judge may give a certificate as to any matter arising or decision made in the course of proceedings before him.
(2) Where proceedings are before an associate Judge pursuant to a judgment or order, the certificate of the associate Judge shall refer to so much only of the judgment or order as is necessary to show upon what the determination of the associate Judge is founded.
cf RSC (Rev) 1965, O 44, r 21 (2).
(3) The certificate of an associate Judge shall not refer to documents or evidence except so far as is necessary to show upon what the determination of the associate Judge is founded.
cf RSC (Rev) 1965, O 44, r 21 (2).
(4) The certificate of an associate Judge shall not, except where necessary, set out the reasons for the determination of the associate Judge.
cf RSC (Rev) 1965, O 44, r 21 (2).
(5) The certificate of an associate Judge as to an account taken under a judgment or order shall:
(a) specify, by reference to the numbers of the items in the account, the items (if any) disallowed or varied, and
(b) specify the additions (if any) by way of surcharge or otherwise.
cf RSC (Rev) 1965, O 44, r 21 (3).
(6) This rule does not apply where any proceedings, question or issue are or is referred to an associate Judge under Part 72 rule 2 (which relates to reference to an arbitrator etc).
rule 60.4: Am 22.11.1985; 2005 No 98, Sch 2.60 [1].

Divisions 2, 3

5–16 (Repealed)

pt 60, div 2: Rep 2005 (407), Sch 1 [53].

rules 60.5–60.7: Rep 2005 (407), Sch 1 [53].

rule 60.8: Am 7.12.1984. Rep 2005 (407), Sch 1 [53].

pt 60, div 3: Rep 2005 (407), Sch 1 [53].

rule 60.9: Rep 2005 (407), Sch 1 [53].

rule 60.10: Am 23.9.1988; 24.6.1994. Rep 2005 (407), Sch 1 [53].

rule 60.11: Am 2.6.1972; 23.9.1988; 30.3.1990. Rep 2005 (407), Sch 1 [53].

rule 60.12: Am 2.6.1972; 20.10.1972; 19.7.1985. Rep 2005 (407), Sch 1 [53].

rule 60.13: Am 2.6.1972. Rep 2005 (407), Sch 1 [53].

rule 60.14: Am 25.10.1991. Rep 2005 (407), Sch 1 [53].

rule 60.14A: Ins 23.9.1988. Rep 2005 (407), Sch 1 [53].

rule 60.15: Am 2.6.1972. Rep 2005 (407), Sch 1 [53].

rule 60.15A: Ins 23.9.1988. Rep 2005 (407), Sch 1 [53].

rule 60.16: Rep 2.6.1972.

Division 4 Appeal to the Court of Appeal

17 Cases for appeal

An appeal shall lie to the Court of Appeal in accordance with section 101 and 103 of the Act, subject however to the leave of the Court of Appeal in any case to which subsections (2) and (4) of section 101 apply, from any decision of the Court in a Division constituted by an associate Judge:
(a)  upon a trial pursuant to Schedule D Part 3 paragraphs 1, 2, 3, 3A, 4 (a), 8, 9, 17, 17A, 24, 25, 26, 27 and 28,
(a1)  in proceedings referred pursuant to Schedule D Part 3 paragraphs 5, 5A and 5B,
(b)  in proceedings under the provisions (except sections 13 to 21 inclusive, which relate to guardianship) of the Testator’s Family Maintenance and Guardianship of Infants Act 1916,
(c)  in proceedings under section 14 or section 22 of the Married Persons (Property and Torts) Act 1901,
(d)  in proceedings under the Family Provision Act 1982,
(e)  in proceedings under the Property (Relationships) Act 1984,
(f)  in proceedings on an application for review of taxation of costs,
(g)  in proceedings under section 208L or section 208M or section 208N of the Legal Profession Act 1987,
(h)  in proceedings under section 13 of the Married Persons (Equality of Status) Act 1996,
(i)  in proceedings determining a question of costs with respect to a matter that has been otherwise finalised,
(j)  on an application to extend a period of limitation, fixed by or under an enactment, within which original proceedings must be brought, or
(k)  where the decision of the associate Judge is a final decision other than:
(i)  a decision on an application for a summary judgment, or
(ii)  a decision on an application for a summary dismissal of proceedings.
rule 60.17: Am 20.10.1972; 15.12.1972; 23.2.1973; 1.6.1973; 23.7.1976; 29.4.1977; 28.10.1977; 25.9.1981; 30.10.1981; 8.7.1983; 23.9.1988; 20.10.1989; 20.4.1990; 20.7.1990; 24.6.1994; 23.5.1997; 21.5.1999; 20.8.1999; 21.7.2000; 29.11.2002; 5.9.2003; 28.11.2003; 27.8.2004.

Part 61 Registrars and chief clerk

pt 61, Heading: Am 30.3.1979.

Division 1 Registrars

1–4 (Repealed)

rule 61.1: Subst 20.10.1972. Am 2.11.1973; 28.4.1978; 30.8.1985; 25.9.1987; 23.4.1993; 10.12.1993; 24.4.1998. Rep 2005 (407), Sch 1 [54].

rule 61.2: Rep 2005 (407), Sch 1 [54].

rules 61.2A, 61.2B: Ins 2.11.1973. Rep 2005 (407), Sch 1 [54].

rule 61.3: Am 28.7.1978. Subst 23.9.1988. Am 25.10.1991; 23.4.1993; 10.12.1993; 25.2.1994; 25.8.1995; 24.4.1998; 24.12.1999; 19.12.2003. Rep 2005 (407), Sch 1 [54].

rule 61.4: Rep 2007 (446), Sch 1 [4].

4A Practice in registries outside Sydney

The practice of the Sydney registry shall, so far as practicable, be followed in any other registry.
rule 61.4A: Ins 6.7.1979. Am 14.11.1980.

Division 2

5 (Repealed)

pt 61, div 2: Ins 30.3.1979. Rep 2005 (407), Sch 1 [55].

rule 61.5: Ins 30.3.1979. Am 30.6.1982. Subst 30.3.1990. Am 22.5.1992; 25.2.1994; 24.5.1996; 24.12.1999 (see also 25.2.2000). Rep 2005 (407), Sch 1 [55].

Parts 62–65

(Repealed)

pt 62: Rep 2005 (407), Sch 1 [56].

pt 62, div 1: Rep 2005 (407), Sch 1 [56].

rule 62.1: Rep 2005 (407), Sch 1 [56].

rule 62.2: Am 1.10.1976. Rep 2005 (407), Sch 1 [56].

rule 62.3: Am 28.5.1982. Rep 2005 (407), Sch 1 [56].

rule 62.4: Rep 2005 (407), Sch 1 [56].

rule 62.4A: Ins 28.5.1982. Rep 2005 (407), Sch 1 [56].

pt 62, div 2: Rep 2005 (407), Sch 1 [56].

rules 62.5–62.7: Rep 2005 (407), Sch 1 [56].

rules 62.8, 62.9: Am 24.6.1994. Rep 2005 (407), Sch 1 [56].

rule 62.10: Rep 2005 (407), Sch 1 [56].

pt 63: Rep 2005 (407), Sch 1 [56].

rules 63.1–63.3: Rep 2005 (407), Sch 1 [56].

rule 63.4: Am 2.6.1972; 24.7.1998. Rep 2005 (407), Sch 1 [56].

rule 63.5: Am 28.6.1974; 29.6.1984; 20.9.1991; 10.12.1993; 22.5.1998. Rep 2005 (407), Sch 1 [56].

rule 63.6: Am 2.6.1972; 28.6.1974; 7.8.1998; 23.10.1998; 19.2.1999; 25.6.1999; 19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [56].

rule 63.7: Am 28.6.1974. Rep 2005 (407), Sch 1 [56].

rules 63.8–63.11: Rep 2005 (407), Sch 1 [56].

rule 63.12: Rep 23.6.1989.

rule 63.13: Am 23.3.1984. Rep 2005 (407), Sch 1 [56].

rule 63.14: Rep 2005 (407), Sch 1 [56].

rule 63.15: Am 23.5.1980; 29.6.1984. Rep 2005 (407), Sch 1 [56].

rule 63.16: Ins 22.5.1998. Rep 2005 (407), Sch 1 [56].

pt 64: Rep 2005 (407), Sch 1 [56].

rule 64.1: Subst 21.2.1992. Rep 2005 (407), Sch 1 [56].

rule 64.2: Am 21.2.1992. Rep 2005 (407), Sch 1 [56].

rule 64.3, headnote: Subst 21.2.1992. Rep 2005 (407), Sch 1 [56].

rule 64.3: Am 28.6.1974; 21.2.1992. Rep 2005 (407), Sch 1 [56].

rule 64.3A: Ins 21.2.1992. Rep 2005 (407), Sch 1 [56].

rule 64.4: Rep 2005 (407), Sch 1 [56].

rule 64.5: Am 2.6.1972. Rep 2005 (407), Sch 1 [56].

rules 64.6, 64.7: Rep 2005 (407), Sch 1 [56].

rule 64.8: Am 25.10.1974. Rep 2005 (407), Sch 1 [56].

pt 65: Rep 2005 (407), Sch 1 [56].

rule 65.1: Am 2.6.1972; 30.9.1977; 23.12.1977; 21.9.1979; 25.8.1995; 20.4.2000; 19.12.2003. Rep 2005 (407), Sch 1 [56].

rule 65.1A, hdg: Ins 20.4.2000. Subst 24.11.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [56].

rule 65.1A: Ins 20.4.2000. Subst 24.11.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [56].

rule 65.2: Am 25.10.1974; 23.7.1976; 2.4.1982; 24.12.1982; 24.9.1993. Rep 2005 (407), Sch 1 [56].

rule 65.3: Am 2.6.1972; 21.10.1977. Rep 23.12.1977.

rules 65.4–65.6: Rep 2005 (407), Sch 1 [56].

rule 65.7: Am 7.12.1973; 13.6.1975; 30.4.1976; 1.7.1977; 6.7.1979; 2.4.1982; 24.12.1982; 26.9.1986; 22.9.1989; 24.6.1994; 23.2.1996; 1.3.1996; 19.7.1996. Rep 2005 (407), Sch 1 [56].

rule 65.8: Ins 2.6.1972. Am 26.3.1976; 30.4.1976; 26.9.1986. Rep 2005 (407), Sch 1 [56].

Part 65A Legal profession

pt 65A: Ins 22.9.1989.

1 (Repealed)

rule 65A.1, hdg: Am 24.6.1994. Rep 24.7.1998.

rule 65A.1: Ins 22.9.1989. Am 24.6.1994. Rep 24.7.1998.

2 Assignment of business

(1) There are assigned to the Court of Appeal proceedings in the Court in the exercise of the disciplinary powers of the Court with respect to legal practitioners and interstate legal practitioners.
(2) Proceedings in the Court under the Legal Profession Act 1987 (other than proceedings assigned to the Court of Appeal) are assigned to the Common Law Division.
rule 65A.2: Ins 22.9.1989. Am 24.6.1994; 23.2.1996; 24.7.1998.

3 Removal or suspension elsewhere

(1) Any legal practitioner:
(a)  whose name is removed from a roll kept outside the State that corresponds to the Roll of Legal Practitioners in the Court,
(b)  who is prohibited (whether conditionally or unconditionally) from reinstatement to such a roll, or
(c)  who is:
(i)  suspended from practising, or
(ii)  prohibited (whether conditionally or unconditionally) from resuming practice,
as a lawyer (whether known as a barrister, a solicitor, a barrister and solicitor, an attorney, a legal practitioner or otherwise) outside the State,
by reason of misconduct, is suspended from practice:
(d)  in the case of removal—unless the Court otherwise orders,
(e)  in the case of suspension or prohibition—during the period of suspension or prohibition, unless the Court otherwise orders.
(2) This rule does not apply to a cancellation or suspension:
(a)  in Australia under the Mutual Recognition Act, or
(b)  in New Zealand under the Trans-Tasman Mutual Recognition Act.
rule 65A.3: Ins 22.9.1989. Am 21.5.1993; 24.6.1994; 24.4.1998; 24.12.1999.

4 (Repealed)

rule 65A.4: Ins 22.9.1989. Subst 24.6.1994. Rep 24.11.1995.

5 Appeal: practising certificate

(1) The Court may, on the application of a person who intends to appeal to the Court under section 38B of the Legal Profession Act 1987, make such orders as the nature of the case requires as if the person had instituted the appeal and the application were made in the proceedings on the appeal.
(2) In the title of a document in proceedings on the application or the appeal, the plaintiff may, subject to any order of the Court, be shown as “A solicitor”, without the plaintiff’s name.
rule 65A.5: Ins 22.9.1989. Am 24.6.1994; 2005 (407), Sch 1 [57].

6 Furnishing information

The registrar shall furnish information that is required by section 48Y of the Legal Profession Act 1987 to be furnished by the Court.
rules 65A.6, 65A.7: Ins 21.2.1997.

7 Removal from Roll pursuant to s 48Z (5) of the Legal Profession Act 1987

Unless the Court otherwise orders, the Prothonotary shall, pursuant to an order under section 48Z (5) of the Legal Profession Act 1987, remove from the Roll of Legal Practitioners in the Court the name of a legal practitioner upon the expiration of 10 days after a copy of the order is filed, being a copy that:
(a)  if the regulatory authority making the order is a tribunal—is signed by a member of the tribunal,
(b)  if the regulatory authority is a court—is signed by a Judge or Registrar of the Court, or
(c)  in any case—is sealed with the seal of the regulatory authority.
rules 65A.6, 65A.7: Ins 21.2.1997.

Part 65B

1 (Repealed)

pt 65B (Rule 65B.1): Ins 22.9.1989. Rep 20.8.1993.

Part 65C Admission as legal practitioner

pt 65C: Ins 20.7.1990. Subst 24.6.1994.

Division 1 Application for admission

pt 65C, div 1, hdg: Ins 21.3.1997.

1 Application by person approved by a Board

A person who has been approved by:
(a) the former Barristers Admission Board or the former Solicitors Admission Board as a suitable candidate for admission as a barrister or as a solicitor, or
(b) the Legal Practitioners Admission Board as a suitable candidate for admission as a legal practitioner,
may, unless the Court otherwise orders, apply for admission without having filed any originating process in the Court.
rules 65C.1, 65C.2: Ins 20.7.1990. Subst 24.6.1994. Am 19.12.1997.

2 Admission, other than of interstate applicant

(1) This rule applies to an application for admission as a legal practitioner other than an application to which rule 3 or rule 4 applies.
(2) Every person applying for admission as a legal practitioner shall personally attend in Court and shall on such admission:
(a) take the oath of office as a legal practitioner, and
(b) sign the Roll of Legal Practitioners in the Court,
and shall be entitled to receive a certificate bearing the seal of the Court.
rules 65C.1, 65C.2: Ins 20.7.1990. Subst 24.6.1994. Am 19.12.1997.

3 Interstate applicant, other than under the Mutual Recognition Act

(1) This rule applies to an application for admission as a legal practitioner by a person whose name is on the Roll of Barristers, the Roll of Solicitors, the Roll of Barristers and Solicitors or the Roll of Legal Practitioners of the Supreme Court of any other State or Territory of Australia.
(2) An application to which this rule applies may, at the request of the applicant, be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.
(3) A request under subrule (2) may be included in the applicant’s form of application for admission under the Legal Practitioners Admission Rules 1994.
(4) Where the applicant makes a request under subrule (2) and the applicant is admitted, he or she shall, at the request of this Court, attend at the office of the Supreme Court of his or her State or Territory and:
(a)  take the oath of office as a Legal Practitioner in Form 70AA, and
(b)  sign a Roll of Legal Practitioners (being a Roll kept in the office of that court for the purpose of this rule).
(5) When this Court has received from the other court:
(a)  the form of oath of office duly completed, and
(b)  notification of the signing of a Roll under subrule (4) (b),
then:
(c)  the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners in this State, and
(d)  the person admitted shall be entitled to receive a certificate bearing the seal of this Court.
(6) This rule does not apply to proceedings commenced by notice under Section 19 (1) of the Mutual Recognition Act.
rule 65C.3, headnote: Ins 20.7.1990. Am 21.5.1993. Subst 24.6.1994.
rule 65C.3: Ins 20.7.1990. Am 21.5.1993. Subst 24.6.1994.

4 Application under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act

(1) This rule applies to proceedings commenced by notice under section 19 (1) of the Mutual Recognition Act or under section 18 (1) of the Trans-Tasman Mutual Recognition Act.
(2) The notice must, unless the Court otherwise orders:
(a)  be lodged by filing it in the registry at Sydney,
(b)  show the name, residential address and business address of the applicant,
(c)  where the applicant is represented by a solicitor show:
(i)  the name, address and telephone number of the solicitor, and
(ii)  if that solicitor has another solicitor as agent in the proceedings—the name, address and telephone number of the agent,
(d)  show an address for service,
(e)  be dated not more than 14 days before the date on which it is filed, and
(f)  be accompanied by a certificate which:
(i)  evidences the existing registration which gives rise to the entitlement of the applicant to entry in the Roll of Legal Practitioners,
(ii)  is given by the proper officer:
(A)  of the Supreme Court of the State or Territory where such registration occurred or, where applicable, of the High Court of New Zealand, or
(B)  of a body, having functions similar to the Legal Practitioners Admission Board, of the State or Territory where such existing registration occurred or, where applicable, of New Zealand, and
(iii)  is dated not more than 28 days before the date on which it is filed,
unless the document mentioned in section 19 (3) of the Mutual Recognition Act or section 18 (3) of the Trans-Tasman Mutual Recognition Act, accompanying the notice, fulfils the requirements of this paragraph.
(3) The applicant shall, on or before the day of filing, serve the notice and accompanying documents on the Legal Practitioners Admission Board, the New South Wales Bar Association, and the Law Society of New South Wales and shall file an affidavit of service within 14 days of filing the notice.
(4) The applicant shall:
(a)  prior to, or
(b)  within 14 days after,
filing the notice attend:
(c)  at a registry of the Court,
(d)  at the office of the Supreme Court of his or her State or Territory, or
(e)  where application is made under the Trans-Tasman Mutual Recognition Act—a person in New Zealand authorised under New Zealand law to take oaths,
and take the oath of office as a legal practitioner in Form 70AA, and cause the certificate included in that Form to be completed and shall:
(f)  at the time of, or
(g)  within 14 days after,
filing the notice, file the form of oath and the certificate.
(5) Despite rule 31.2 of the Uniform Civil Procedure Rules 2005:
(a)  the statements and other information in the notice which are verified by statutory declaration,
(b)  the document mentioned in:
(i)  section 19 (3) of the Mutual Recognition Act, certified under section 19 (4) of that Act, or
(ii)  section 18 (3) of the Trans-Tasman Mutual Recognition Act, certified under section 18 (4) of that Act,
accompanying the notice, and
(c)  the certificate referred to in subrule (2) (f),
are admissible in evidence and, unless the Court otherwise orders, shall not be the subject of oral evidence by the applicant.
(6)   (Repealed)
(7) The application for enrolment made by the notice may be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.
(8) If the Court is satisfied that the applicant is entitled to enrolment, it shall order that the applicant be admitted as a legal practitioner and:
(a)  the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners, and
(b)  the person admitted shall be entitled to receive a certificate bearing the seal of the Court.
rule 65C.4, headnote: Am 24.4.1998.
rule 65C.4: Ins 20.7.1990. Subst 21.5.1993. Am 22.4.1994. Subst 24.6.1994 (see erratum 1.7.1994). Am 23.2.1996; 19.12.1997; 24.4.1998; 2005 (407), Sch 1 [58] [59].

5 Administering oaths for other courts

(1) A registrar may administer the oath of office of a Supreme Court of another State or Territory of Australia to a New South Wales legal practitioner who is required to take the oath for the purpose of being admitted as a lawyer by that court.
(2) In subrule (1) “oath of office” and “oath” include any affirmation or declaration that may be taken in lieu of the oath of office.
rule 65C.5: Ins 22.9.1995.

Division 2 Referral under s 13A of the Legal Profession Act 1987

pt 65C, div 2: Ins 21.3.1997.

6 Commencement of proceedings

(1) An application is referred to the Court under section 13A of the Legal Profession Act 1987 by filing it.
(2) Proceedings on a referral (the proceedings) shall be entitled “The Application of” followed by the full name of applicant.
rule 65C.6: Ins 21.3.1997 (see erratum 27.3.1997).

7 Application of rules

These rules and the Uniform Civil Procedure Rules 2005 shall apply to the proceedings as if the applicant were the plaintiff in the proceedings.
rule 65C.7: Ins 21.3.1997. Am 2005 (407), Sch 1 [60].

8 Rights of professional bodies

(1) The Legal Practitioners Admission Board shall notify the applicant, the New South Wales Bar Association and the Law Society of New South Wales of a referral within 5 days of filing it.
(2) The New South Wales Bar Association and the Law Society of New South Wales shall be entitled with the leave of the Court to be joined as a party in the proceedings.
rule 65C.8: Ins 21.3.1997.

9 Directions

(1) Following commencement, the proceedings shall be listed before the Court for directions.
(2) The Court may, at any stage of the proceedings, direct that any person be added as a party or substituted for another party or a former party or that notice of the proceedings be served on any person in addition to or instead of the defendant.
(3) Subrule (2) does not affect the powers of the Court under Part 7 of the Uniform Civil Procedure Rules 2005.
rule 65C.9: Ins 21.3.1997. Am 2005 (407), Sch 1 [61].

10 Evidence

Rule 31.2 of the Uniform Civil Procedure Rules 2005 shall apply to evidence in the proceedings, including evidence as to character.
rule 65C.10: Ins 21.3.1997. Am 2005 (407), Sch 1 [62].
rule 65C.10, note: Ins 21.3.1997. Rep 2005 No 98, Sch 2.60 [2].

Part 66

1–10 (Repealed)

pt 66: Rep 2005 (407), Sch 1 [63].

pt 66, Heading: Am 22.9.1989. Rep 2005 (407), Sch 1 [63].

rule 66.1: Rep 2005 (407), Sch 1 [63].

rule 66.1A: Ins 26.3.2004. Am 28.5.2004. Rep 2005 (407), Sch 1 [63].

rule 66.2: Am 20.9.1991. Rep 2005 (407), Sch 1 [63].

rules 66.3–66.6: Rep 2005 (407), Sch 1 [63].

rule 66.7: Am 20.9.1991. Rep 2005 (407), Sch 1 [63].

rule 66.8: Rep 2005 (407), Sch 1 [63].

rule 66.9: Am 8.7.1983; 21.6.1991; 20.9.1991; 25.10.1996; 28.11.2003. Rep 2005 (407), Sch 1 [63].

rule 66.10: Ins 20.9.1991. Am 28.11.2003. Rep 2005 (407), Sch 1 [63].

Part 66A Court appointed referral for legal assistance

pt 66A: Ins 27.11.1992. Subst 20.4.2000.

1 Objectives

rule 66A.1, hdg: Ins 27.11.1992. Am 24.6.1994. Rep 24.7.1998. Ins 20.4.2000.
(1) In the interpretation of this Part, preference must be given to a construction that will promote, and be consistent with, the purpose in subrule (2) and the statements in subrules (3) and (4).
(2) The purpose of this Part is to facilitate, where it is in the interests of the administration of justice, the provision of legal assistance to litigants who are otherwise unable to obtain assistance.
(3) The provision of legal assistance under this Part is not intended to be a substitute for legal aid.
(4) A referral under this Part is not an indication that the Court has formed an opinion on the merits of a litigant’s case.
(5) Nothing in this Part requires the Court to make a referral, or to consider a litigant’s case for referral, under this Part.
rule 66A.1: Ins 27.11.1992. Am 24.6.1994; 23.2.1996. Rep 24.7.1998. Ins 20.4.2000.

2 Definitions

In this Part, unless the context or subject matter otherwise indicates or requires:
litigant, in proceedings, means a person who is a party to the proceedings or who has been served with a subpoena in the proceedings or who has applied to be joined in the proceedings.
Pro Bono Panel means the list of barristers and solicitors referred to in rule 3.
scheme means the scheme for the provision of legal assistance to litigants under this Part.
rule 66A.2: Ins 27.11.1992. Subst 23.2.1996; 20.4.2000.

3 Pro Bono Panel

The Principal Registrar may maintain a list of persons:
(a) who are barristers or solicitors, and
(b) who have agreed to participate in the scheme.
rule 66A.3: Ins 27.11.1992. Rep 23.2.1996. Ins 20.4.2000.

4 Referral to a barrister or solicitor

(1) The Court may, if it is in the interests of the administration of justice, refer a litigant to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.
(2) For the purposes of subrule (1), the Court may take into account:
(a)  the means of the litigant,
(b)  the capacity of the litigant to obtain legal assistance outside the scheme,
(c)  the nature and complexity of the proceedings, and
(d)  any other matter that the Court considers appropriate.
(3) The power to refer may be exercised in the absence of the public and without any attendance by or on behalf of any person.
(4) A referral to the registrar is effected by the issue of a Referral Certificate in accordance with the prescribed form in relation to the litigant.
(5) If a Referral Certificate has been issued, the registrar must attempt to arrange for the legal assistance mentioned in the certificate to be provided to the litigant by a barrister or solicitor on the Pro Bono Panel.
(6) The registrar may refer a litigant to a particular barrister or solicitor only if the barrister or solicitor has agreed to accept the referral.
(7) A referral to a barrister shall not prevent a referral also being made to a solicitor and a referral to a solicitor shall not prevent a referral also being made to a barrister.
rules 66A.4–66A.10: Ins 20.4.2000.

5 Kind of assistance

A referral may be made for the following kinds of assistance:
(a)  advice in relation to the proceedings,
(b)  representation on directions hearing, interlocutory or final hearing, arbitration or mediation,
(c)  drafting or settling of documents to be filed or used in the proceedings,
(d)  representation generally in the conduct of the proceedings or of part of the proceedings.
rules 66A.4–66A.10: Ins 20.4.2000.

6 Provision of assistance by barrister or solicitor

Subject to rule 7, if a barrister or solicitor agrees to accept a referral, he or she must provide assistance to the litigant in accordance with the referral.
rules 66A.4–66A.10: Ins 20.4.2000.

7 Cessation of assistance

(1) A barrister or solicitor who has agreed to accept a referral may cease to provide legal assistance to the litigant only:
(a)  in the circumstances set out in any practice rules governing professional conduct that apply to the barrister or solicitor,
(b)  with the written agreement of the litigant, or
(c)  with the leave of the registrar.
(2) If a barrister or solicitor ceases to provide legal assistance to a litigant, the barrister or solicitor must inform the registrar in writing within 7 days of so ceasing.
rules 66A.4–66A.10: Ins 20.4.2000.

8 Application for leave

(1) An application by a barrister or solicitor to the registrar for leave to cease to provide legal assistance must be in writing and must briefly state the reasons for the application.
(2) A copy of the application for leave must be served on the litigant.
(3) An application for leave may be heard by the registrar in the absence of the public and without any attendance by or on behalf of any person.
(4) In deciding whether to grant leave under this rule, the registrar must consider:
(a)  whether the barrister or solicitor would be likely to be able to cease to provide legal assistance to the litigant under any practice rules governing professional conduct that apply to the barrister or solicitor,
(b)  any conflict of interest that the barrister or solicitor may have,
(c)  whether there is a substantial disagreement between the barrister or solicitor and the litigant in relation to the conduct of the litigation,
(d)  any view of the barrister or solicitor:
(i)  that the litigant’s case is not well founded in fact or law, or
(ii)  that the litigant’s prosecution of the litigation is an abuse of process, and
(e)  whether the barrister or solicitor lacks the time to provide adequate legal assistance to the litigant because of other professional commitments,
(f)  whether the litigant has refused or failed to pay any disbursements requested under rule 10,
(g)  whether it is unfair to the barrister or solicitor to require him or her to continue to provide legal assistance under the scheme, and
(h)  any other matter that the registrar considers relevant.
(5) An application for leave under this rule and any related correspondence:
(a)  is confidential,
(b)  is not part of the proceedings in relation to which the referral was made, and
(c)  does not form part of the Court file in relation to those proceedings.
rules 66A.4–66A.10: Ins 20.4.2000.

9 Costs

(1) Subject to subrules (2) and (3) and rule 10, a barrister or solicitor who provides legal assistance to a litigant under the scheme must not seek or recover any costs for the legal assistance.
(2) If an order for costs is made in favour of a litigant who is assisted under the scheme, the barrister or solicitor who has provided the legal assistance is entitled to recover the amount of costs that another person is required to pay under the order.
(3) A barrister or solicitor shall account to the litigant for any money received by the barrister or solicitor in respect of disbursements that were paid by the litigant.
rules 66A.4–66A.10: Ins 20.4.2000.

10 Disbursements

A barrister or solicitor who provides legal assistance to a litigant under the scheme may request the litigant to pay any disbursements reasonably incurred, or reasonably to be incurred, by the barrister or solicitor on behalf of the litigant in connection with the legal assistance.
rules 66A.4–66A.10: Ins 20.4.2000.

Parts 67, 68

(Repealed)

pt 67: Rep 2005 (809), Sch 1 [1].

pt 67, div 1, hdg: Ins 3.5.1974. Rep 21.7.2000.

pt 67, div 1: Rep 23.9.1988.

rule 67.1: Subst 3.5.1974. Rep 23.9.1988.

rule 67.1A: Ins 21.4.1978. Rep 23.9.1988.

rules 67.2–67.7: Rep 23.9.1988.

rule 67.8: Rep 24.10.1980.

pt 67, div 2, hdg: Ins 3.5.1974. Rep 21.7.2000.

pt 67, div 2: Ins 3.5.1974. Rep 2005 (809), Sch 1 [1].

rule 67.9: Ins 3.5.1974. Subst 21.7.2000. Rep 2005 (809), Sch 1 [1].

rule 67.10: Ins 3.5.1974. Rep 2005 (809), Sch 1 [1].

rule 67.11: Ins 3.5.1974. Am 21.4.1978; 23.2.1990; 21.7.2000; 30.7.2004. Rep 2005 (809), Sch 1 [1].

rule 67.11A: Ins 21.4.1978. Subst 21.7.2000. Rep 1.11.2002.

rule 67.11B: Ins 21.4.1978. Am 23.3.1984; 21.9.1984; 21.7.2000; 1.11.2002; 30.7.2004. Rep 2005 (407), Sch 1 [64].

rule 67.11C: Ins 24.4.1986. Am 1.11.2002. Rep 2005 (809), Sch 1 [1].

rule 67.12: Ins 3.5.1974. Am 6.9.1974; 23.3.1984; 23.9.1988. Subst 21.7.2000. Am 2005 (407), Sch 1 [65]. Rep 2005 (809), Sch 1 [1].

rule 67.12A: Ins 21.7.2000. Am 1.10.2004. Rep 2005 (809), Sch 1 [1].

rule 67.13: Ins 3.5.1974. Am 21.12.1979; 21.7.2000. Rep 2005 (809), Sch 1 [1].

rule 67.14: Ins 3.5.1974. Rep 2005 (809), Sch 1 [1].

rule 67.15: Ins 3.5.1974. Am 21.7.2000. Rep 2005 (809), Sch 1 [1].

rule 67.16: Ins 3.5.1974. Am 21.12.1979. Rep 2005 (809), Sch 1 [1].

rule 67.17: Ins 3.5.1974. Am 21.12.1979; 21.7.2000; 2005 (407), Sch 1 [66]. Rep 2005 (809), Sch 1 [1].

rule 67.18: Ins 3.5.1974. Am 21.12.1979; 26.9.1986; 23.12.1988. Subst 21.7.2000. Am 2005 (407), Sch 1 [67]. Rep 2005 (809), Sch 1 [1].

rule 67.19: Ins 3.5.1974. Subst 21.7.2000. Am 2005 (407), Sch 1 [68]. Rep 2005 (809), Sch 1 [1].

rule 67.20: Ins 3.5.1974. Rep 24.10.1980.

rule 67.21: Ins 3.5.1974. Am 23.6.1989; 21.7.2000. Rep 2005 (809), Sch 1 [1].

rule 67.22: Ins 3.5.1974. Am 21.7.2000; 30.7.2004. Rep 2005 (809), Sch 1 [1].

pt 68: Rep 2008 (62), Sch 1 [1].

rules 68.1–68.4: Rep 2008 (62), Sch 1 [1].

rule 68.5: Am 2005 (407), Sch 1 [69]. Rep 2008 (62), Sch 1 [1].

rule 68.6: Am 30.3.1990. Rep 2008 (62), Sch 1 [1].

rule 68.7: Am 2005 (407), Sch 1 [70]. Rep 2008 (62), Sch 1 [1].

rule 68.8: Am 30.3.1990. Rep 2008 (62), Sch 1 [1].

rule 68.9: Rep 2008 (62), Sch 1 [1].

Part 69 Infants’ Custody and Settlements Act rules

1 Custody etc

cf CER, r 319.

(1) This rule applies to an application for an order under section 5 of the Infants’ Custody and Settlements Act of 1899 in respect of any minor.
cf Consolidated Equity Rules of 1902, r 319.
(2) Where proceedings under that section in respect of the minor are pending in the Court:
(a)  the application shall be made by motion in the proceedings, and
(b)  notice of the motion shall, unless the Court otherwise orders, be served on his parents or on the guardian of his person.
(3) Where no proceedings under that section in respect of the minor are pending in the Court:
(a)  proceedings for the order shall be commenced by summons, and
(b)  his parents or the guardian of his person shall, unless the Court otherwise orders, be made defendants.
rule 69.1: Am 2.6.1972; 15.12.1972.

2 Assignment of business

Proceedings for orders under Part 1 of the Infants’ Custody and Settlements Act 1899 shall be commenced in the Equity Division.
rule 69.2: Am 2.6.1972. Subst 15.12.1972. Am 1.6.1973; 29.4.1977.

Parts 70, 71

(Repealed)

pt 70: Rep 2008 (62), Sch 1 [1].

pt 70, div 1: Rep 23.3.1984.

rule 70.1: Subst 29.9.1972. Am 30.3.1973; 28.4.1978; 24.11.1978; 24.7.1981. Subst 9.12.1983. Rep 23.3.1984.

rule 70.2: Subst 29.9.1972. Rep 23.3.1984.

pt 70, div 2: Rep 2008 (62), Sch 1 [1].

rule 70.3: Am 2005 (407), Sch 1 [71]. Rep 2008 (62), Sch 1 [1].

rules 70.4–70.6: Rep 2008 (62), Sch 1 [1].

pt 70, div 3 (Rules 70.7–70.9): Rep 2008 (62), Sch 1 [1].

pt 70, div 4: Rep 2008 (62), Sch 1 [1].

rules 70.10, 70.11: Rep 2008 (62), Sch 1 [1].

rule 70.12: Am 2005 (407), Sch 1 [72]. Rep 2008 (62), Sch 1 [1].

rule 70.13: Am 1.10.1976; 29.6.1984. Rep 2008 (62), Sch 1 [1].

rules 70.14, 70.15: Rep 2008 (62), Sch 1 [1].

pt 70, div 5: Ins 19.3.1999. Rep 2008 (62), Sch 1 [1].

rule 70.16: Ins 19.3.1999. Am 25.6.1999. Rep 2008 (62), Sch 1 [1].

pt 71: Ins 2.6.1972 (see also 9.6.1972). Rep 23.2.2001.

pt 71, Heading: Am 2.4.1993. Rep 23.2.2001.

rule 71.1: Ins 2.6.1972. Am 2.10.1992. Rep 23.2.2001.

rule 71.1A: Ins 2.10.1992. Rep 23.2.2001.

rule 71.2: Ins 2.6.1972. Am 2.4.1993. Rep 23.2.2001.

rule 71.3: Ins 2.6.1972. Am 6.3.1992; 2.4.1993. Rep 23.2.2001.

rule 71.4: Ins 2.6.1972. Rep 22.5.1992.

rule 71.5: Ins 2.6.1972. Am 22.5.1992. Rep 23.2.2001.

rule 71.6: Ins 2.6.1972. Subst 2.10.1992. Rep 23.2.2001.

rule 71.7: Ins 2.10.1992. Am 2.4.1993. Rep 23.2.2001.

rule 71.8: Ins 2.10.1992. Rep 23.2.2001.

Part 71A Service and Execution of Process Act 1992 (Commonwealth)

pt 71A: Ins 2.4.1993.

1 Interpretation

(1) In this Part, unless the context or subject matter otherwise indicates or requires, each of the expressions:
court of rendition,
enforcement,
judgment, and
place of rendition,
has the meaning which it has in the Service and Execution of Process Act.
(2) For the purposes of the application of the rules, unless the context or subject matter otherwise indicates or requires, defendant includes the respondent under section 86 or section 90 of the Service and Execution of Process Act.
rule 71A.1: Ins 2.4.1993.

2 Commencement of proceedings

(1)   (Repealed)
(2) Proceedings in the Court under section 105 (4) of the Service and Execution of Process Act shall be commenced by summons.
(3) Proceedings in the Court on an application under section 57 (1), section 67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service and Execution of Process Act shall be commenced by summons.
(4) Proceedings in the Court on an application under section 72 (1) or section 86 of the Service and Execution of Process Act shall be commenced:
(a)  where the application is in or for the purposes of or in relation to proceedings in the Court—by motion on notice in those proceedings, or
(b)  otherwise—by summons.
rule 71A.2: Ins 2.4.1993. Subst 28.4.1995. Am 2005 (407), Sch 1 [73] [74].

3 Title and parties

(1) A document in any proceedings in the Court under Part 6 of the Service and Execution of Process Act shall be entitled between:
(a)  as plaintiff, the person in whose favour judgment was given or order made, and
(b)  as defendant:
(i)  the person against whom execution is issued or other proceedings taken upon the judgment registered under that Act, or
(ii)  the applicant for a stay under section 106 of that Act.
(2) In proceedings under section 57 (1), section 67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service and Execution of Process Act, no person shall be joined as a defendant.
rules 71A.3–71A.7: Ins 2.4.1993.

4 Where service not required

Process by which application is made under section 57 (1), section 67 (1), section 76 (1), section 79 (1), section 93 (1) or section 105 (4) of the Service and Execution of Process Act need not, unless the Court otherwise orders, be served on any person.
rules 71A.3–71A.7: Ins 2.4.1993.

5 Where attendance not required

Where, in proceedings for an order under section 57 (1), section 76 (1) or section 79 (1) of the Service and Execution of Process Act, the plaintiff adds to the summons a request that the application be granted under this rule, the Court may hear the proceedings in the absence of the public and without any attendance by or on behalf of the plaintiff.
rules 71A.3–71A.7: Ins 2.4.1993.

6 Enforcement proceedings

(1) A person proceeding for enforcement of a judgment registered under the Service and Execution of Process Act shall file an affidavit, sworn not more than 14 days before proceedings are taken, stating:
(a)  that the judgment is capable of being enforced, and
(b)  the extent to which the judgment is capable of being enforced,
in or by:
(c)  the court of rendition, or
(d)  a court in the place of rendition.
(2) The Court may notify the Sheriff of any change in the rate of interest payable on the judgment in the court of rendition.
rules 71A.3–71A.7: Ins 2.4.1993.

7 Costs and expenses of registration etc

(1) The costs and expenses referred to in section 107 (1) of the Service and Execution of Process Act shall be assessed by the Court.
(2) An application for assessment of costs and expenses under subrule (1) shall be made by filing an affidavit:
(a) which contains particulars of the costs and expenses claimed, and
(b) states the basis upon which the costs and expenses are claimed.
(3) The plaintiff may proceed without service of the affidavit on any party.
(4) The Court may make an assessment in the absence of the public and without any attendance by or on behalf of the plaintiff.
rules 71A.3–71A.7: Ins 2.4.1993.

8 Facsimile number and e-mail address

An application made to the Court under a provision of the Service and Execution of Process Act:
(a) if made by facsimile transmission—must be transmitted to transmission number (02) 9230 8628, or
(b) if made by electronic mail—must be transmitted to the following address:
supremecourt@agd.nsw.gov.au
rule 71A.8: Ins 2.4.1993. Am 11.5.2001.

Parts 72–73

(Repealed)

pt 72, hdg: Subst 26.4.1985. Rep 2005 (407), Sch 1 [75].

pt 72: Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].

pt 72, Heading: Am 22.9.1989. Rep 2005 (407), Sch 1 [75].

rule 72.1: Ins 2.6.1972. Subst 22.11.1985; 22.9.1989. Rep 2005 (407), Sch 1 [75].

rule 72.2: Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1 [75].

rules 72.3, 72.4: Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].

rule 72.5: Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1 [75].

rules 72.6, 72.7: Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].

rule 72.8: Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1 [75].

rule 72.9: Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].

rule 72.10: Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1 [75].

rule 72.11: Ins 2.6.1972. Subst 22.11.1985; 22.9.1989. Rep 2005 (407), Sch 1 [75].

rule 72.12: Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].

rule 72.13: Ins 22.11.1985. Subst 22.9.1989. Am 30.3.1990. Rep 2005 (407), Sch 1 [75].

pt 72A: Ins 26.4.1985. Rep 2006 (405), Sch 1 [2].

pt 72A, div 1, hdg: Ins 12.7.1985. Rep 2006 (405), Sch 1 [2].

pt 72A, div 1: Rep 2006 (405), Sch 1 [2].

rule 72A.1: Ins 26.4.1985. Rep 2006 (405), Sch 1 [2].

rule 72A.1A: Ins 24.4.1986. Am 23.2.1990; 15.3.1991; 25.10.1996; 7.8.1998; 25.6.1999; 19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [76].

rules 72A.2–72A.4: Ins 26.4.1985. Rep 2006 (405), Sch 1 [2].

rule 72A.5: Ins 26.4.1985. Am 24.6.1994. Rep 2006 (405), Sch 1 [2].

rule 72A.5A: Ins 24.6.1994. Rep 2006 (405), Sch 1 [2].

rule 72A.6: Ins 26.4.1985. Am 24.9.1993. Rep 2006 (405), Sch 1 [2].

rule 72A.7: Ins 26.4.1985. Am 23.9.1988; 16.3.1990; 2005 (407), Sch 1 [77]. Rep 2006 (405), Sch 1 [2].

rule 72A.8: Ins 26.4.1985. Am 19.5.1989. Subst 2005 (407), Sch 1 [78]. Rep 2006 (405), Sch 1 [2].

rule 72A.9: Ins 26.4.1985. Am 2.12.1988; 25.10.1996. Rep 2006 (405), Sch 1 [2].

rule 72A.10: Ins 26.4.1985. Subst 24.10.1986. Rep 2006 (405), Sch 1 [2].

pt 72A, div 2: Ins 12.7.1985. Subst 24.9.1993. Rep 2006 (405), Sch 1 [2].

rules 72A.11–72A.20: Ins 12.7.1985. Subst 24.9.1993. Rep 2006 (405), Sch 1 [2].

rule 72A.21: Ins 24.9.1993. Rep 2006 (405), Sch 1 [2].

pt 72B: Ins 22.12.1989. Rep 2005 (407), Sch 1 [79].

rule 72B.1: Ins 22.12.1989. Am 24.9.1993; 24.9.1999; 20.10.2000; 24.11.2000. Rep 2005 (407), Sch 1 [79].

rules 72B.2–72B.4: Ins 22.12.1989. Rep 2005 (407), Sch 1 [79].

rule 72B.5: Ins 22.12.1989. Am 21.8.1998. Rep 2005 (407), Sch 1 [79].

rule 72B.6: Ins 22.12.1989. Am 24.6.1994. Rep 2005 (407), Sch 1 [79].

rule 72B.7 and hdg: Ins 22.4.1994. Am 21.8.1998. Rep 2005 (407), Sch 1 [79].

rule 72B.8: Ins 21.8.1998. Rep 2005 (407), Sch 1 [79].

pt 72C: Ins 21.10.1994. Rep 2005 (407), Sch 1 [79].

pt 72C, Heading: Ins 21.10.1994. Subst 19.12.2003. Rep 2005 (407), Sch 1 [79].

rules 72C.1, 72C.2: Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].

rule 72C.3, hdg: Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].

rules 72C.3, 72C.4: Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].

rule 72C.5: Ins 21.10.1994. Rep 19.12.2003.

rule 72C.6: Ins 21.10.1994. Rep 2005 (407), Sch 1 [79].

rule 72C.7, hdg: Am 19.12.2003. Rep 2005 (407), Sch 1 [79].

rule 72C.7: Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].

pt 73: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

pt 73, div 1, hdg: Ins 19.4.1991. Rep 24.4.2003.

rule 73.1: Ins 2.6.1972. Am 19.4.1991. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.2: Ins 2.6.1972. Am 15.12.1972; 1.6.1973; 29.4.1977. Subst 24.4.2003. Rep 2005 (407), Sch 1 [80].

rule 73.3: Ins 2.6.1972. Am 18.12.1987. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.4: Ins 2.6.1972. Subst 24.4.2003. Am 13.6.2003; 2005 (407), Sch 1 [81] [82]. Rep 2008 (62), Sch 1 [1].

rule 73.5: Ins 2.6.1972. Am 23.12.1977; 27.3.1987. Subst 24.4.2003. Am 13.6.2003. Rep 2008 (62), Sch 1 [1].

rule 73.5A: Ins 15.12.1972. Rep 23.12.1977. Ins 27.3.1987. Rep 24.4.2003.

rules 73.6, 73.7: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.7A: Ins 17.11.1989. Rep 24.4.2003.

rule 73.8: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.8A: Ins 27.3.1987. Rep 24.4.2003.

rule 73.9: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rules 73.9A, 73.9B: Ins 27.3.1987. Rep 24.4.2003.

rule 73.10: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.11: Ins 2.6.1972. Am 27.6.1986. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.12: Ins 2.6.1972. Am 15.12.1972. Rep 1.6.1973. Ins 29.4.1977. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.13: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].

pt 73, div 2, hdg: Ins 19.4.1991. Rep 24.4.2003.

rules 73.14, 73.15: Ins 19.4.1991. Subst 22.11.1996; 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.16: Ins 19.4.1991. Am 25.6.1993. Subst 22.11.1996; 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.17: Ins 22.4.1994. Rep 22.11.1996. Ins 24.4.2003. Rep 2008 (62), Sch 1 [1].

rule 73.18: Ins 24.4.2003. Rep 2008 (62), Sch 1 [1].

Part 74 Transfers of proceedings; cross-vesting laws

pt 74: Ins 2.6.1972. Subst 31.8.1984.

pt 74, Heading: Am 4.5.1973. Subst 31.8.1984. Am 17.6.1988.

Divisions 1, 2

1–3 (Repealed)

pt 74, div 1: Rep 2005 (407), Sch 1 [83].

rule 74.1: Ins 2.6.1972. Am 4.5.1973. Subst 31.8.1984. Am 1.11.1985; 17.6.1988; 24.4.1998. Subst 21.5.1999. Am 20.8.1999. Rep 2005 (407), Sch 1 [83].

rule 74.1A: Ins 24.5.1996. Rep 2005 (407), Sch 1 [83].

pt 74, div 2: Rep 2005 (407), Sch 1 [83].

rule 74.2: Ins 2.6.1972. Subst 31.8.1984; 17.6.1988. Rep 2005 (407), Sch 1 [83].

rule 74.3: Ins 2.6.1972. Subst 28.7.1978; 31.8.1984. Am 14.2.1986; 17.6.1988; 23.8.1996. Rep 2005 (407), Sch 1 [83].

Division 3 Cross-vesting laws

pt 74, div 3: Ins 17.6.1988.

4 Definitions

(1) In this Division, unless the context or subject matter otherwise indicates or requires, subject Act means the Jurisdiction of Courts (Cross-vesting) Act 1987 or the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.
(2) Expressions used in this Division shall have, unless the contrary intention appears, in relation to proceedings under a subject Act, the same meaning as in that subject Act.
(3) In this Division a reference to an application to the Court under a subject Act includes a reference to a request under section 6 (6) of that subject Act.
rule 74.4: Ins 2.6.1972. Rep 31.8.1984. Ins 17.6.1988.

5 Mode of application

Any application for an order under any provision (except section 8) of a subject Act shall be made by motion in the proceedings pending in the Court.
rule 74.5: Ins 17.6.1988.

6 Addition above title

Where a party to any proceeding in the Court intends to contend that:
(a) the Court should exercise jurisdiction pursuant to any provision of a subject Act or any law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or
(b) that the Court should transfer the proceeding to another Court pursuant to any such provision or law,
the party shall add “Jurisdiction of Courts (Cross-vesting) Acts 1987” to the first document filed by that party.
rule 74.6: Ins 17.6.1988. Subst 23.9.1988. Am 2005 (407), Sch 1 [84].

7 Attorney-General

If an application for the transfer of proceedings pending in the Court is made by the Attorney-General of the Commonwealth or a State or Territory under a subject Act, the Attorney-General shall not, by reason of the application, become a party to those proceedings.
rules 74.7–74.9: Ins 17.6.1988.

8 Application relating to transfer

Where a party to any proceeding in the Court intends to contend that:
(a) the Court should exercise jurisdiction pursuant to any provision of a subject Act or any law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or
(b) that the Court should transfer the proceeding to another Court pursuant to any such provision or law,
the party shall, on or as soon as practicable after commencement of the proceedings, apply to the Court for a determination of the question whether or not the proceeding should be transferred to another Court.
rules 74.7–74.9: Ins 17.6.1988.

9 Application of other laws or rules

(1) Where a party wishes to contend that the Court should, under section 11 (1) (b) or (c) of a subject Act, apply the written law of another State or Territory or the rules of evidence or procedure other than those applied in the State, the party shall, as soon as practicable:
(a) file notice of the contention, specifying the law or rules and stating the grounds relied upon in support of the contention,
(b) forthwith after filing the notice, serve it on each other party.
(2) The Court may, on the application of a party to a proceeding or of its own motion, give directions in relation to the application of a law or rule under section 11 (1) (b) or (c) of a subject Act.
rules 74.7–74.9: Ins 17.6.1988.

Part 75 Criminal proceedings

pt 75: Ins 2.6.1972.

pt 75, Heading: Am 21.12.1973.

Division 1 General

1 Application

Subject to section 17 of the Act and except as provided in this Part, the rules do not apply to any of the proceedings in the Court which are specified in the Third Schedule to the Act.
rule 75.1: Ins 2.6.1972.

1A Criminal Appeal Rules

The Criminal Appeal Rules remain in force.
rule 75.1A: Ins 25.3.1988.

2 Rules applicable

The following provisions of these rules apply, so far as applicable, to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies:
(a)  Part 1 (preliminary matters), other than Part 1 rule 11 (3),
(b)  Part 1A (sittings and vacations),
(c)  Part 2 (time),
(d)  Part 55 (procedure for punishment for contempt),
(e)  Part 61 rules 1 (4), (5) and (6), 2 and 3 (registrars),
(f)  Schedule F, forms 74AA, 74AB, 74AC and 74AD (subpoenas),
(g)  clause 1 of the matter relating to the Jury Act 1977 in Schedule J.
rule 75.2: Ins 2.6.1972. Am 23.2.1973. Subst 29.6.1984. Am 24.10.1986; 25.3.1988; 20.10.1989; 22.6.1990; 28.4.1995; 25.8.1995; 22.9.1995; 22.8.1997; 19.12.1997; 24.7.1998; 30.7.2004. Subst 2005 (407), Sch 1 [85]. Am 2006 (137), Sch 1 [1].

3 Rules applicable

(1) The following provisions of the Uniform Civil Procedure Rules 2005 apply, so far as applicable, to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies:
(a)  Part 1 (preliminary matters),
(b)  rules 2.1 and 2.2,
(c)  Part 4 (preparation and filing of documents), other than rules 4.2, 4.9 and 4.12,
(d)  Part 10 (service of documents generally), other than rules 10.7 and 10.16,
(e)  rule 29.13 (record of trial to be kept),
(f)  rules 31.7, 31.11, 31.12, 31.21 and 31.22,
(g)  Part 33 (subpoenas), other than:
(i)  rules 33.3 (1), 33.3 (8), 33.6 (1) and 33.7, and
(ii)  if the issuing party is the Crown, rules 33.2 (3), 33.5 and 33.11,
(h)  Part 35 (affidavits).
(2) Part 10 of the Uniform Civil Procedure Rules 2005 (other than rules 10.7 and 10.16) applies, so far as applicable, to service of a notice of listing under clause 10 (2) of the Criminal Procedure Regulation 1987.
(3) For the purposes of subrule (2), the address contained in a notice filed in the registry under clause 6 (1) of the Criminal Procedure Regulation 1987 of an accused person’s solicitor is taken to be the accused person’s address for service.
(4) Subject to subrule (5), Rule 31.3 of the Uniform Civil Procedure Rules 2005 applies to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies.
(5) Orders may not be made under Rule 31.3 of the Uniform Civil Procedure Rules 2005:
(a)  in respect of the evidence given by a person against whom the proceedings are brought (an accused), or
(b)  that prevent an accused from attending any part of the proceedings,
without the consent of that accused.
(6) Rule 31.5 of the Uniform Civil Procedure Rules 2005 applies to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies as if the time fixed for giving notice were not later than 21 days before the date fixed for hearing.
rule 75.3: Ins 23.2.1973. Am 21.12.1973. Subst 29.6.1984; 22.8.1986. Am 15.2.1991; 16.8.1991; 13.12.1991; 26.2.1993; 21.5.1993; 10.12.1993; 19.2.1999. Subst 25.2.2000. Am 29.8.2003. Subst 2005 (407), Sch 1 [85]. Am 2006 (137), Sch 1 [2].

3AA Forms approved by Uniform Rules Committee not to be used

Despite anything to the contrary in this Part, a form approved under section 17 of the Civil Procedure Act 2005 is not to be used for the purposes of proceedings in the Court that are specified in the Third Schedule to the Act or in proceedings to which Division 2 applies.
rule 75.3AA: Ins 2006 (137), Sch 1 [3].

3A Children (Criminal Proceedings) Act 1987

(1), (2) (Repealed)
(3) An application to the Court under section 45 (1) of the Children (Criminal Proceedings) Act 1987 shall be made by motion in the proceedings in respect of the offence.
rule 75.3A: Ins 6.9.1974. Subst 19.2.1988. Am 19.2.1999; 2005 (407), Sch 1 [86] [87].

3B Registrar may exercise certain powers and functions

(1) Any power or function in relation to civil proceedings:
(a)  that is conferred on a registrar by a provision of these rules referred to in rule 2, or
(b)  that is conferred on a registrar by a provision of the Uniform Civil Procedure Rules 2005 referred to in rule 3, or
(c)  that is required to be exercised by a registrar by an instrument under section 13 of the Civil Procedure Act 2005,
may be exercised by the registrar in relation to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and proceedings to which Division 2 applies.
(2) This rule does not apply to a power or function that is required to be exercised by a registrar by an instrument under section 13 of the Civil Procedure Act 2005 if the instrument states, or necessarily implies, that the registrar may exercise the power or function in relation to civil proceedings only.
(3) In this rule, civil proceedings has the same meaning as it has in the Civil Procedure Act 2005.
rule 75.3B: Ins 29.6.1984. Am 23.9.1988. Subst 19.5.1989; 2005 (407), Sch 1 [88].

3C Evidence taken outside the State

Rule 1 shall not apply to proceedings under:
(a) Part 2 of the Foreign Evidence Act, or
(b) the Evidence on Commission Act 1995,
(to which proceedings Part 24 of the Uniform Civil Procedure Rules 2005 relates).
rule 75.3C: Ins 12.9.1986. Am 28.4.1995; 21.7.1995; 2005 (407), Sch 1 [89].

3D Form of indictment

(1) An indictment may be in Form 74AE.
cf Act No 40, 1900, s 567.
(2) No indictment shall be held bad or insufficient for failure to comply with the form prescribed by subrule (1) or with subrule (2A).
cf Act No 40, 1900, s 360.
(2A) An indictment must specify the Law Part Code (if any) for each offence alleged to have been committed in the indictment.
(3) The rules, other than this rule and Form 74AE, shall not apply to an indictment in any other Court.
(4) In this rule:
Law Part Code for an offence means the Law Part Code allocated to the offence in the Lawcodes Database maintained by the Judicial Commission of New South Wales.
rule 75.3D: Ins 31.12.1987. Am 17.12.2004.

3E Bail application

An application to the Court:
(a) for bail pursuant to section 22 of the Bail Act 1978, where the accused person is not then appearing before the Court, or
(b) pursuant to Part 6 of the Bail Act 1978, if made by or on behalf of an accused person,
shall be in the prescribed form.
rule 75.3E: Ins 25.6.1993. Am 19.11.1993.

3F Acceptable person information

A person who wishes to have a determination made that he or she is an acceptable person, for the purposes of a condition referred to in section 36 (2) (b), (d), (f), or (h) of the Bail Act 1978, must file an information form, verified by statutory declaration, in Form 74AH.
rule 75.3F: Ins 19.11.1993.

3FA Objection to confirmation of forfeiture order

An objection under section 53C of the Bail Act 1978 to confirmation of a forfeiture order must be in the prescribed form.
rules 75.3FA, 75.3FB: Ins 24.11.2000.

3FB Application to set aside forfeiture order

An application under section 53K of the Bail Act 1978 to set aside a forfeiture order must be in the prescribed form.
rules 75.3FA, 75.3FB: Ins 24.11.2000.

3G (Repealed)

rule 75.3G: Ins 19.11.1993. Rep 23.11.2001.

3H Election under s132 of Criminal Procedure Act 1986

rule 75.3H, hdg: Ins 22.9.1995. Subst 29.8.2003.
(1) An election under section 132 (1) or (5) of the Criminal Procedure Act 1986 shall:
(a)  be in the prescribed form,
(b)  in the case of an election under section 16 (1)—be endorsed with the consent of the Director for Public Prosecutions given under section 16 (3), and
(c)  be filed before the date fixed for the trial.
(2) Consent of the Director of Public Prosecutions may be endorsed under subrule (1) (b) by that Director or an officer authorised in writing by that Director to give such consents.
rule 75.3H: Ins 22.9.1995. Am 25.2.2000; 29.8.2003.

3HA Criminal proceedings

(cf former Part 27, rule 1B)

(1) If a person has been committed for trial or is to be dealt with before the Court, a proceeding between the prosecuting authority and the person is taken to be before the Court for the purposes of any application to the Court under section 6 or 20 of the Evidence on Commission Act 1995 or under section 7 of the Foreign Evidence Act 1994 of the Commonwealth.
(2) Any such application is to be made:
(a)  in a proceeding which is before the Court under subrule (1)—by summons, or
(b)  in proceedings which are specified in the Third Schedule to the Act—by motion in the proceedings as if the proceedings had been commenced by summons, or
(c)  in proceedings in the Court in its summary jurisdiction—by motion in the proceedings.
(3) If a person has been committed for trial or to be dealt with before the District Court, a proceeding between the prosecuting authority and the person is taken to be before the District Court for the purposes of any application to the Court under section 9 or 23 of the Evidence on Commission Act 1995 or under section 10 of the Foreign Evidence Act 1994 of the Commonwealth.
rule 75.3HA: Ins 2005 (407), Sch 1 [90].

3I Return of exhibits

Where proceedings specified in the Third Schedule to the Act or assigned by rule 3HA or by Part 75 have been concluded and:
(a) 28 days have expired since the conclusion, and
(b) there is no undisposed of appeal, or application for leave to appeal, in respect of the proceedings,
the registrar may, unless the Court otherwise orders, return any exhibits in the proceedings still in the custody of the registrar by forwarding them to the Director of Public Prosecutions.
rule 75.3I: Ins 21.2.1997. Am 19.2.1999; 2005 (407), Sch 1 [91].

3J Expert witnesses

(1) This rule and rule 3K apply to all criminal proceedings in the Court (including those specified in the Third Schedule to the Act).
(2) For the purposes of this rule and rule 3K:
expert witness means an expert engaged for the purpose of:
(a)  providing a report as to his or her opinion for use as evidence in proceedings or proposed proceedings, or
(b)  giving opinion evidence in proceedings or proposed proceedings.
the code means the expert witness code of conduct in Schedule 7 to the Uniform Civil Procedure Rules 2005.
(3) Unless the Court otherwise orders:
(a)  at or as soon as practicable after the engagement of an expert as a witness, whether to give oral evidence or to provide a report for use as evidence, the person engaging the expert must provide the expert with a copy of the code, and
(b)  unless an expert witness’s report contains an acknowledgment by the expert witness that he or she has read the code and agrees to be bound by it:
(i)  service of the report by the party who engaged the expert witness is not valid service for the purposes of the rules or of any order or practice note, and
(ii)  the report is not to be admitted into evidence, and
(c)  oral evidence is not to be received from an expert witness unless:
(i)  he or she has acknowledged in writing, whether in a report relating to the proposed evidence or otherwise in relation to the proceedings, that he or she has read the code and agrees to be bound by it, and
(ii)  a copy of the acknowledgment has been served on all parties affected by the evidence.
(4) If an expert witness furnishes to the engaging party a supplementary report, including any report indicating that the expert witness has changed his or her opinion on a material matter expressed in an earlier report by the expert witness:
(a)  the engaging party must forthwith serve the supplementary report on all parties on whom the engaging party has served the earlier report, and
(b)  the earlier report must not be used in the proceedings by the engaging party, or by any party in the same interest as the engaging party on the question to which the earlier report relates, unless paragraph (a) is complied with.
(5) This rule does not apply to an expert engaged before this rule commences.
rule 75.3J: Ins 30.8.2002. Am 2005 (582), rule 2.

3K Conference between experts

(1) The Court may do any or all of the following, with the consent of the parties:
(a)  direct expert witnesses to confer (whether before or during a trial or other proceedings),
(b)  specify the matters on which they are to confer,
(c)  direct that they provide the Court with a joint report specifying matters agreed and matters not agreed and the reasons for any non agreement,
(d)  direct that such conference be held with or without the attendance of the legal representatives of the parties affected, or with or without the attendance of legal representatives at the option of the parties respectively,
(e)  give any additional directions as may be considered necessary.
(2) An expert who is the subject of an order made under subrule (1) may apply to the Court for further directions.
(3) The content of the conference between the expert witnesses is not to be referred to at the hearing or trial unless the parties affected agree.
(4) The parties may agree, at any time, to be bound by agreement on any specified matter. In that event, the joint report may be tendered at the trial as evidence of the matter agreed. Otherwise, the joint report may be used or tendered at the trial only in accordance with the rules of evidence and the practices of the Court.
(5) Where, pursuant to this rule, expert witnesses have conferred and have provided a joint report agreeing on any matter, a party affected may not, without leave of the Court, adduce expert evidence inconsistent with the matter agreed.
rule 75.3K: Ins 30.8.2002.

3L Recording of evidence

(1) This rule applies to all criminal proceedings in the Court (including those specified in the Third Schedule to the Act).
(2) Evidence given by a witness may be recorded by video or by any other audio-visual method as directed by the Court.
rule 75.3L: Ins 2005 (160), Sch 1.

Division 2 Summary jurisdiction

pt 75, div 2: Ins 21.12.1973.

4 Application

This Division applies to proceedings in the Court under the Part 5 of Chapter 4 of the Criminal Procedure Act 1986 (in this Division called the subject Act).
rule 75.4: Ins 21.12.1973. Am 23.12.1977 (see erratum 23.6.1978); 19.10.1979; 29.8.2003.

5 Interpretation

For the purposes of applying rules other than this Part to proceedings to which this Division applies, unless the context or subject matter otherwise indicates or requires, plaintiff means “prosecutor”.
rule 75.5: Ins 21.12.1973. Am 19.10.1979. Subst 29.6.1984. Am 22.8.1997.

5A (Repealed)

rule 75.5A: Ins 29.6.1984. Am 19.2.1999. Rep 2005 (407), Sch 1 [92].

6 Rules applicable

In addition to the rules mentioned in rules 2 and 3, the following provisions of the Uniform Civil Procedure Rules 2005 apply, so far as applicable, to proceedings to which this Division applies:
(a)  rule 4.10,
(b)  rules 6.15 and 6.16,
(c)  Part 19,
(d)  rule 34.1,
(e)  Part 36.
rule 75.6: Ins 21.12.1973. Am 23.12.1977 (see erratum 23.6.1978); 19.10.1979. Subst 29.6.1984. Am 30.3.1990; 27.8.1999; 13.6.2003. Subst 2005 (407), Sch 1 [93].

7 Commencement of proceedings

Proceedings for an offence under any Act which may be taken before the Court in its summary jurisdiction shall be commenced in the Court by summons claiming an order under section 246 of the subject Act in respect of the offence and claiming that the defendant be dealt with according to law for commission of the offence.
rule 75.7: Ins 21.12.1973. Am 29.8.2003.

8 Copies of order

When the prosecutor files the summons, he shall lodge with the registrar two or more copies of a minute of the order which he claims.
rule 75.8: Ins 21.12.1973. Am 19.10.1979; 29.6.1984.

9 Service

(1) The summons and any affidavit in support of an application under section 246 of the subject Act shall not, unless the Court so directs, be served before the making of the order but shall be served on the defendant when the minute of order is served on him.
(2) Subject to any Act, a minute of any order made under section 246 (1) or section 250 (b) of the subject Act and any affidavits used to obtain either of those orders shall be served personally upon the defendant.
rule 75.9: Ins 21.12.1973. Am 29.8.2003.

10 Evidence of service

Evidence of service of any document in any proceedings to which this Division applies may be given by affidavit.
rule 75.10: Ins 21.12.1973.

10A Privilege

(1) Where the Court, by subpoena or otherwise, orders any person to produce any document or thing, and any person makes and substantiates sufficient lawful objection to production on grounds of privilege, the Court shall not compel production of that document or thing except production to the Court for the purpose of ruling on the objection.
(2) Where a question is put to a person in the course of examination, and any person makes and substantiates sufficient lawful objection on grounds of privilege to the question being answered, the Court shall not compel an answer to the question.
(3) Subrule (1) applies where an order is made for production to, and subrule (2) applies where a question is put to a person in the course of examination before, the Court or a Judge or any officer of the Court, or any examiner, referee, arbitrator or other person authorised to receive evidence, whether on a trial or hearing or on any other occasion.
(3A) Where a party to any proceedings claims privilege from production of any document, the Court may, if it thinks fit:
(a) permit evidence in relation to the claim to be given by any other party by affidavit or otherwise, and
(b) permit cross-examination on any affidavit used in support of the claim.
(4) This rule does not affect any rule of law which authorises or requires the withholding of any document or thing or the refusal to answer any question on the ground that the disclosure of the document or thing or the answering of the question would be injurious to the public interest.
(5) Subrules (1), (2) and (3) do not apply to an objection to produce any document or thing or to answer any question on the ground mentioned in subrule (4).
rule 75.10A: Ins 27.8.1999.

11 Pre-trial procedures

(1) The procedures prescribed by this rule shall be complete before the trial of a case commences.
(2) This rule does not apply where the person charged with an offence pleads guilty to the offence or where the Judge dismisses the charge under section 249 (1) or 251 of the subject Act.
(3) In this rule, trial includes the hearing and determination of the case and the adjudication on the case under section 250 (a) of the subject Act.
(4) The Judge may, of his own motion or on the application of a party:
(a)  make orders and give directions for the just and efficient disposal of the proceedings,
(b)  without limiting the generality of paragraph (a), make such orders and give such directions as may be appropriate relating to:
(i)  the giving by the plaintiff to the defendant of particulars or further and better particulars,
(ii)  the giving by the plaintiff to the defendant of a list of persons who it is expected will be called to give evidence at the trial or, if the Judge thinks fit, who have made statements in writing but who it is expected will not be so called,
(iii)  the giving by the plaintiff to the defendant of a copy of any statement made in writing by any person whose evidence it is expected will be given at the trial or, if that person has not made a statement in writing or if the Judge thinks fit, of a summary of the evidence which it is expected he will give at the trial,
(iv)  the giving by the plaintiff to the defendant of a list of documents or things which it is expected will be tendered in evidence at the trial,
(v)  the giving by the plaintiff to the defendant of copies of documents,
(vi)  inspection by the defendant of documents or of property,
(vii)  evidence, including evidence under section 69 of the Evidence Act,
(viii)  any admission or consent of the defendant under section 184 of the Evidence Act 1995, and
(ix)  any alibi.
(5) The procedures prescribed by this rule are completed when the Judge certifies that in his opinion the pre-trial procedures prescribed by this rule have been completed.
rule 75.11: Ins 21.12.1973. Subst 19.10.1979. Am 25.8.1995; 27.8.1999; 25.2.2000; 29.8.2003.

11A Procedure where defendant does not appear

cf Act No 27 of 1902, s 75A.

If a defendant charged with two or more offences, whether of a like or different nature, does not appear at the time and place appointed for the hearing of the charges by the orders relating thereto, the Judge, upon proof in the manner prescribed of the due service of the orders upon him a reasonable time before the time appointed for his appearance, may proceed to hear and determine all or any of the charges together and adjudicate thereon in the absence of the defendant.
rule 75.11A: Ins 29.6.1984.

11B Defendant to plead

cf Act No 27 of 1902, s 78.

(1) Where the defendant appears at the hearing and has been provided with a written copy of the charges against him, the substance of the order under section 246 (1) of the subject Act shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him.
(2) If he thereupon admits the truth of the charges and shows no sufficient cause why he should not be convicted or why an order should not be made against him, the Judge shall convict him or make an order against him accordingly.
(3) If he does not admit the truth of the charges, the Judge shall proceed to hear the prosecutor and the witnesses whom he examines and such other evidence as he adduces in support of the charges and to hear the defendant and the witnesses whom he examines and such other evidence as he adduces in his defence.
rule 75.11B: Ins 29.6.1984. Am 29.8.2003.

12 (Repealed)

rule 75.12: Ins 21.12.1973. Rep 29.8.2003.

13 Termination of proceedings in a court of petty sessions

(1) A Local Court is notified under section 255 of the subject Act of the commencement of proceedings under the subject Act for an offence when a minute of the order made under section 246 of the subject Act is delivered to a Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 at the Local Court before which the proceedings for that offence are pending.
(2) A notice stating that the proceedings in the Local Court for the offence charged in the order have been terminated shall be served on the defendant with the minute of order under section 246 of the subject Act.
rule 75.13: Ins 21.12.1973. Subst 19.10.1979. Am 29.8.2003.

14 Arrest warrants

(cf former Part 42, rule 7)

(1) Subject to rules of court:
(a)  if, by subpoena or otherwise, the Court makes an order, whether under an Act or under rules of court:
(i)  for a person to attend the Court for any purpose, or
(ii)  for a person to produce any document or thing to the Court, and
(b)  the person fails to comply with the order,
the Court may issue, or make an order for the issue of, a warrant for the person’s arrest.
(2) Subject to rules of court, an arrest warrant may be issued without notice to the person.
(3) The Court may revoke an arrest warrant.
(4) An arrest warrant is sufficient authority for any person to whom it is addressed, with the assistance of such police officers as may be necessary, to arrest the person named in the warrant, to convey the person to the place specified in the warrant and to deliver the person into the custody of the Court sitting at that place.
rule 75.14: Ins 21.12.1973. Rep 19.10.1979. Ins 2005 (407), Sch 1 [94].
rules 75.15–75.19: Ins 21.12.1973. Rep 19.10.1979.

Parts 76, 77

(Repealed)

pt 76: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

pt 76, div 1: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.1: Ins 23.6.1972. Am 28.6.1974; 24.11.1978; 22.12.1978. Subst 29.6.1984. Am 24.4.1998; 2005 (171), Sch 1 [1]. Rep 2008 (62), Sch 1 [1].

rule 76.2: Ins 23.6.1972. Subst 29.6.1984. Am 23.8.1985; 20.4.1990; 10.12.1993; 24.4.1998; 19.2.1999. Rep 2005 (407), Sch 1 [95].

rule 76.3: Ins 23.6.1972. Subst 29.6.1984; 19.2.1999; 2005 (407), Sch 1 [96]. Rep 2008 (62), Sch 1 [1].

rule 76.4: Ins 23.6.1972. Subst 28.6.1974. Am 24.11.1978. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.4A: Ins 28.6.1974. Rep 29.6.1984.

rule 76.5: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.6: Ins 23.6.1972. Subst 29.6.1984. Am 2005 (407), Sch 1 [97] [98]. Rep 2008 (62), Sch 1 [1].

rule 76.7: Ins 23.6.1972. Subst 29.6.1984; 30.3.1990. Am 19.2.1999. Rep 2005 (407), Sch 1 [99].

pt 76, div 2, hdg: Ins 23.6.1972. Subst 29.6.1984; 2005 (171), Sch 1 [2]. Rep 2008 (62), Sch 1 [1].

pt 76, div 2: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.8: Ins 23.6.1972. Subst 29.6.1984. Am 2005 (171), Sch 1 [3]. Rep 2008 (62), Sch 1 [1].

rule 76.9: Ins 23.6.1972. Subst 29.6.1984; 2005 (171), Sch 1 [4]. Rep 2008 (62), Sch 1 [1].

rule 76.10: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.11: Ins 23.6.1972. Subst 29.6.1984. Am 2005 (171), Sch 1 [5]. Rep 2008 (62), Sch 1 [1].

rule 76.12: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.13: Ins 23.6.1972. Subst 29.6.1984 (see erratum 6.9.1985). Am 24.6.1994. Rep 2008 (62), Sch 1 [1].

rule 76.13A: Ins 2005 (171), Sch 1 [6]. Rep 2008 (62), Sch 1 [1].

rule 76.14: Ins 23.6.1972. Subst 29.6.1984 (see erratum 6.9.1985). Am 24.6.1994. Rep 2008 (62), Sch 1 [1].

pt 76, div 2A, hdg: Ins 10.12.1993. Rep 2008 (62), Sch 1 [1].

pt 76, div 2A: Rep 2008 (62), Sch 1 [1].

rule 76.15: Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993. Rep 2008 (62), Sch 1 [1].

rule 76.16: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.17, headnote: Ins 23.6.1972. Subst 29.6.1984; 24.4.1998. Rep 2008 (62), Sch 1 [1].

rule 76.17: Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998; 2005 (171), Sch 1 [7]. Rep 2008 (62), Sch 1 [1].

rule 76.18: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

pt 76, div 3: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.19: Ins 23.6.1972. Subst 29.6.1984. Am 24.4.1998. Rep 2008 (62), Sch 1 [1].

rules 76.20–76.23: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

pt 76, div 3A (Rules 76.23A–76.23D): Ins 2005 (171), Sch 1 [8]. Rep 2008 (62), Sch 1 [1].

pt 76, div 4: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rules 76.24–76.28: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.29: Ins 23.6.1972. Subst 29.6.1984. Am 31.8.2001. Rep 2008 (62), Sch 1 [1].

rule 76.30: Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998; 2005 (171) , Sch 1 [9]. Rep 2008 (62), Sch 1 [1].

rule 76.31: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

pt 76, div 5: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.32: Ins 23.6.1972. Subst 29.6.1984; 4.5.2001. Rep 2008 (62), Sch 1 [1].

rule 76.33: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.34, headnote: Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998. Rep 2008 (62), Sch 1 [1].

rule 76.34: Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998; 2005 (171), Sch 1 [10]. Rep 2008 (62), Sch 1 [1].

rules 76.35–76.39: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.40: Ins 23.6.1972. Subst 29.6.1984. Am 21.12.1984; 20.12.1985; 27.6.1986; 23.10.1987; 19.2.1988; 24.2.1989; 18.8.1989; 24.8.1990. Rep 2008 (62), Sch 1 [1].

pt 76, div 6: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.41: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

pt 76, div 7: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.42: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.43: Ins 23.6.1972. Subst 29.6.1984 (see erratum 6.9.1985). Rep 2008 (62), Sch 1 [1].

rule 76.44: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.45: Ins 23.6.1972. Am 6.9.1974; 8.10.1982; 9.12.1983. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.46: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.47: Ins 23.6.1972. Subst 29.6.1984. Am 6.3.1992. Rep 23.2.2001.

rule 76.48: Ins 23.6.1972. Subst 29.6.1984. Rep 23.2.2001.

rules 76.49, 76.50: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].

pt 76, div 8, hdg: Ins 29.6.1984. Am 24.4.1998. Rep 2008 (62), Sch 1 [1].

pt 76, div 8: Ins 29.6.1984. Rep 2008 (62), Sch 1 [1].

rule 76.51: Ins 23.6.1972. Subst 29.6.1984. Am 24.4.1998; 23.7.1999; 2005 (407), Sch 1 [100]. Rep 2008 (62), Sch 1 [1].

rule 76.52: Ins 23.6.1972. Am 1.8.1975. Rep 29.6.1984. Ins 24.4.1998. Rep 2008 (62), Sch 1 [1].

rule 76.53: Ins 23.6.1972. Rep 29.6.1984. Ins 24.4.1998. Rep 2008 (62), Sch 1 [1].

rules 76.54, 76.55: Ins 23.6.1972. Rep 29.6.1984.

rule 76.56: Ins 23.6.1972. Subst 22.12.1978. Rep 29.6.1984.

pt 77: Ins 30.6.1972. Rep 2005 (407), Sch 1 [101].

pt 77, div 1: Ins 30.6.1972. Rep 30.5.1980.

rules 77.1–77.5: Ins 30.6.1972. Rep 30.5.1980.

pt 77, div 2: Rep 2005 (407), Sch 1 [101].

rule 77.6: Ins 30.6.1972. Rep 2005 (407), Sch 1 [101].

pt 77, div 3, hdg: Am 26.2.1993. Rep 2005 (407), Sch 1 [101].

pt 77, div 3: Am 26.2.1993 (“Auctioneers Act” omitted wherever occurring, “subject Act” inserted instead). Rep 2005 (407), Sch 1 [101].

rule 77.7: Ins 30.6.1972. Subst 26.2.1993. Rep 2005 (407), Sch 1 [101].

rule 77.8: Ins 30.6.1972. Am 7.12.1973; 22.4.1983; 20.7.1990; 23.2.1996. Subst 22.8.1997. Rep 2005 (407), Sch 1 [101].

rule 77.9: Ins 30.6.1972. Am 20.7.1990; 23.2.1996. Rep 22.8.1997.

rules 77.10, 77.11: Ins 30.6.1972. Rep 2005 (407), Sch 1 [101].

pt 77, div 4 (Rules 77.12–77.16): Ins 30.6.1972. Rep 26.9.1986.

pt 77, div 5: Ins 27.10.1972. Subst 29.3.1974. Rep 19.7.1996.

rule 77.17: Ins 27.10.1972. Subst 29.3.1974. Am 29.4.1977. Rep 19.7.1996.

rules 77.18, 77.19: Ins 27.10.1972. Subst 29.3.1974. Am 1.7.1977. Rep 19.7.1996.

rules 77.20, 77.21: Ins 27.10.1972. Subst 29.3.1974. Rep 19.7.1996.

pt 77, div 6: Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].

rules 77.22, 77.23: Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].

rule 77.24: Ins 4.5.1973. Am 18.12.1987; 13.6.2003. Rep 2005 (407), Sch 1 [101].

rules 77.25, 77.26: Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].

rule 77.27: Ins 4.5.1973. Am 14.2.1986. Rep 2005 (407), Sch 1 [101].

rule 77.27A: Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].

rules 77.28–77.31: Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].

pt 77, div 7: Ins 21.12.1973. Rep 2005 (407), Sch 1 [101].

rule 77.32: Ins 21.12.1973. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

rule 77.33: Ins 21.12.1973. Rep 2005 (407), Sch 1 [101].

pt 77, div 8: Ins 22.2.1974. Rep 2005 (407), Sch 1 [101].

rule 77.34: Ins 22.2.1974. Rep 2005 (407), Sch 1 [101].

rule 77.35: Ins 22.2.1974. Am 25.9.1987. Rep 2005 (407), Sch 1 [101].

pt 77, div 8A: Ins 25.9.1987. Rep 2005 (407), Sch 1 [101].

rule 77.36: Ins 22.2.1974. Rep 1.8.1975. Ins 25.9.1987. Rep 2005 (407), Sch 1 [101].

rule 77.36A: Ins 25.9.1987. Rep 2005 (407), Sch 1 [101].

pt 77, div 9: Ins 24.5.1974. Rep 2005 (407), Sch 1 [101].

rule 77.37: Ins 24.5.1974. Am 14.2.1986; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [101].

pt 77, div 9A: Ins 23.10.1987. Rep 2005 (407), Sch 1 [101].

rule 77.37A: Ins 23.10.1987. Am 23.2.1996. Rep 2005 (407), Sch 1 [101].

rule 77.37B: Ins 23.10.1987. Rep 2005 (407), Sch 1 [101].

pt 77, div 10: Ins 22.8.1975. Subst 21.7.2000. Rep 2005 (407), Sch 1 [101].

rule 77.38: Ins 22.8.1975. Subst 1.7.1977. Am 24.12.1981. Subst 21.7.2000. Rep 2005 (407), Sch 1 [101].

rules 77.39–77.44: Ins 24.12.1981. Subst 21.7.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 11: Ins 25.3.1977. Rep 22.9.1995.

rule 77.45 (previously Rule 77.39): Ins 25.3.1977. Renumbered 24.12.1981. Rep 22.9.1995.

pt 77, div 12: Ins 24.7.1981. Rep 2005 (407), Sch 1 [101].

rule 77.46 (previously Rule 77.40): Ins 24.7.1981. Renumbered 24.12.1981. Rep 2005 (407), Sch 1 [101].

rule 77.47 (previously Rule 77.41): Ins 24.7.1981. Renumbered 24.12.1981. Rep 12.9.1986.

pt 77, div 12A: Ins 8.7.1983 (see erratum 22.7.1983). Rep 2005 (407), Sch 1 [101].

rule 77.47A: Ins 8.7.1983 (see erratum 22.7.1983). Rep 2005 (407), Sch 1 [101].

rule 77.47B: Ins 8.7.1983 (see erratum 22.7.1983). Rep 12.9.1986.

pt 77, div 13: Ins 30.6.1982. Rep 2005 (407), Sch 1 [101].

pt 77, div 14 (Rules 77.48–77.52): Ins 30.6.1982. Rep 2005 (407), Sch 1 [101].

pt 77, div 15: Ins 30.6.1982. Rep 2005 (407), Sch 1 [101].

rule 77.53: Ins 30.6.1982 (see erratum 19.8.1983). Rep 2005 (407), Sch 1 [101].

pt 77, div 16: Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].

rule 77.54: Ins 8.7.1983. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

rules 77.55–77.58: Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].

rule 77.59: Ins 8.7.1983. Am 25.5.1984; 14.2.1986. Rep 2005 (407), Sch 1 [101].

rules 77.60–77.62: Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].

rule 77.63: Ins 8.7.1983. Am 25.5.1984. Rep 2005 (407), Sch 1 [101].

rules 77.64–77.68: Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].

rule 77.69: Ins 8.7.1983. Subst 19.3.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 17 (Rule 77.70): Ins 7.12.1984. Rep 2005 (407), Sch 1 [101].

pt 77, div 18: Ins 21.12.1984. Rep 2005 (407), Sch 1 [101].

rules 77.71, 77.72: Ins 21.12.1984. Rep 2005 (407), Sch 1 [101].

rule 77.73: Ins 21.12.1984. Rep 24.7.1998.

pt 77, div 19, hdg: Ins 5.7.1985. Am 20.8.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 19: Ins 5.7.1985. Rep 2005 (407), Sch 1 [101].

rule 77.74: Ins 5.7.1985. Am 20.4.1990; 20.8.1999. Rep 2005 (407), Sch 1 [101].

rule 77.75: Ins 5.7.1985. Rep 2005 (407), Sch 1 [101].

rule 77.76: Ins 5.7.1985. Am 20.4.1990; 20.8.1999. Rep 2005 (407), Sch 1 [101].

rule 77.76A: Ins 20.4.1990. Rep 2005 (407), Sch 1 [101].

pt 77, div 20: Ins 23.8.1985. Rep 2005 (407), Sch 1 [101].

rule 77.77: Ins 23.8.1985. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 21 (Rule 77.78): Ins 23.8.1985. Am 24.7.1992. Rep 2005 (407), Sch 1 [101].

pt 77, div 22 (Rule 77.79): Ins 23.8.1985 (see erratum 6.9.1985). Rep 2005 (407), Sch 1 [101].

pt 77, div 23: Ins 20.9.1985. Rep 2005 (407), Sch 1 [101].

rule 77.80: Ins 20.9.1985. Am 2.10.1992. Rep 2005 (407), Sch 1 [101].

rule 77.81, hdg: Am 25.2.1994. Subst 24.12.1999. Rep 2005 (407), Sch 1 [101].

rule 77.81: Ins 20.9.1985. Am 2.10.1992; 25.2.1994. Subst 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

rule 77.82: Ins 20.9.1985. Rep 2005 (407), Sch 1 [101].

pt 77, div 24, hdg: Ins 20.9.1985. Am 25.2.1994. Rep 2005 (407), Sch 1 [101].

pt 77, div 24: Ins 20.9.1985. Rep 2005 (407), Sch 1 [101].

rule 77.83: Ins 20.9.1985. Subst 25.2.1994. Am 24.12.1999; 19.12.2003. Rep 2005 (407), Sch 1 [101].

pt 77, div 24A: Ins 25.6.1993. Rep 2005 (407), Sch 1 [101].

rule 77.83A: Ins 25.6.1993. Rep 2005 (407), Sch 1 [101].

rule 77.83B, hdg: Ins 25.6.1993. Subst 25.2.1994; 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

rule 77.83B: Ins 25.6.1993. Subst 25.2.1994; 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

pt 77, div 24B: Ins 20.10.2000. Rep 2005 (407), Sch 1 [101].

rule 77.83C: Ins 20.10.2000. Rep 2005 (407), Sch 1 [101].

rule 77.83D, hdg: Ins 20.10.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

rule 77.83D: Ins 20.10.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

pt 77, div 25, hdg: Ins 20.12.1985. Am 28.4.1995. Rep 2005 (407), Sch 1 [101].

pt 77, div 25: Ins 20.12.1985. Rep 2005 (407), Sch 1 [101].

rule 77.84: Ins 20.12.1985. Am 28.4.1995; 22.8.1997; 19.2.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 25A, hdg: Ins 20.7.1990. Am 19.3.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 25A: Ins 20.7.1990. Rep 2005 (407), Sch 1 [101].

rule 77.84A: Ins 20.7.1990. Am 21.5.1993; 19.3.1999. Rep 2005 (407), Sch 1 [101].

rule 77.84AA: Ins 21.5.1993. Rep 2005 (407), Sch 1 [101].

rule 77.84B: Ins 20.7.1990. Am 22.8.1997. Rep 2005 (407), Sch 1 [101].

rule 77.84C: Ins 20.7.1990. Am 1997 No 68, Sch 2. Rep 2005 (407), Sch 1 [101].

pt 77, div 26: Ins 23.5.1986. Subst 15.12.1989 (see rescission 14.12.1990); 14.12.1990. Rep 2005 (407), Sch 1 [101].

rule 77.85: Ins 23.5.1986. Subst 15.12.1989 (see rescission 14.12.1990); 14.12.1990. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].

rules 77.86, 77.87: Ins 23.5.1986. Subst 15.12.1989 (see rescission 14.12.1990); 14.12.1990. Am 27.3.1992. Rep 2005 (407), Sch 1 [101].

rules 77.87A–77.87C: Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].

rule 77.87D: Ins 14.12.1990. Am 15.3.1991. Rep 2005 (407), Sch 1 [101].

rule 77.87E: Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].

rule 77.87F: Ins 14.12.1990. Am 27.3.1992. Rep 2005 (407), Sch 1 [101].

rule 77.87G: Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].

pt 77, div 26A: Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].

rule 77.87H: Ins 14.12.1990. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].

rule 77.87I: Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].

rule 77.87J: Ins 14.12.1990. Am 15.3.1991. Rep 2005 (407), Sch 1 [101].

pt 77: Ins 22.9.1995. Rep 2005 (407), Sch 1 [101].

pt 77.div 26BA (Rules 77.87KA, 77.87KB): Ins 22.9.1995. Rep 2005 (407), Sch 1 [101].

pt 77, div 26B: Ins 20.9.1991. Rep 2005 (407), Sch 1 [101].

rule 77.87K: Ins 20.9.1991. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].

rule 77.87L: Ins 20.9.1991. Am 27.3.1992. Rep 2005 (407), Sch 1 [101].

pt 77, div 26C: Ins 26.2.1993. Rep 2005 (407), Sch 1 [101].

rule 77.87M: Ins 26.2.1993. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].

rule 77.87N: Ins 26.2.1993. Rep 2005 (407), Sch 1 [101].

pt 77, div 27: Ins 23.5.1986. Rep 2005 (407), Sch 1 [101].

rule 77.88: Ins 23.5.1986; 15.12.1989 (see rescission 14.12.1990). Rep 2005 (407), Sch 1 [101].

pt 77, div 28, hdg: Ins 13.3.1987. Am 28.5.2004. Rep 2005 (407), Sch 1 [101].

pt 77, div 28: Ins 13.3.1987. Rep 2005 (407), Sch 1 [101].

rule 77.89: Ins 13.3.1987; 15.12.1989 (see rescission 14.12.1990). Am 28.5.2004. Rep 2005 (407), Sch 1 [101].

rule 77.90: Ins 13.3.1987; 15.12.1989 (see rescission 14.12.1990). Rep 2005 (407), Sch 1 [101].

rule 77.91: Ins 13.3.1987; 15.12.1989 (see rescission 14.12.1990). Subst 23.2.1996; 28.5.2004. Rep 2005 (407), Sch 1 [101].

pt 77, div 29: Ins 20.5.1988. Rep 2005 (407), Sch 1 [101].

rule 77.92: Ins 20.5.1988; 15.12.1989 (see rescission 14.12.1990). Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 30: Ins 14.7.1989. Rep 2005 (407), Sch 1 [101].

rule 77.93: Ins 14.7.1989; 15.12.1989 (see rescission 14.12.1990). Rep 2005 (407), Sch 1 [101].

rule 77.94: Ins 14.7.1989; 15.12.1989 (see rescission 14.12.1990). Rep 19.11.1999.

pt 77, div 26A (Rule 77.94A): Ins 15.12.1989 (see rescission 14.12.1990).

rule 77.95: Ins 14.7.1989. Rep 2005 (407), Sch 1 [101].

pt 77: Ins 19.11.1999. Rep 2005 (407), Sch 1 [101].

pt 77.div 30A (Rules 77.95A, 77.95B): Ins 19.11.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 31: Ins 19.4.1991. Rep 30.6.2000.

rule 77.96: Ins 19.4.1991. Am 19.2.1999. Rep 30.6.2000.

rule 77.97: Ins 19.4.1991. Rep 30.6.2000.

pt 77, div 32 (Rule 77.98): Ins 21.6.1991. Rep 2005 (407), Sch 1 [101].

pt 77, div 33: Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].

rule 77.99: Ins 6.3.1992. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 34: Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].

rule 77.100: Ins 6.3.1992. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

pt 77, 77.div 35: Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].

pt 77: Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].

pt 77.div 77.36 (Rules 77.101, 77.102): Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].

pt 77, div 37 (Rule 77.103): Ins 30.10.1992. Rep 2005 (407), Sch 1 [101].

pt 77, div 38: Ins 20.8.1993. Rep 25.6.1999.

rule 77.104: Ins 20.8.1993. Am 19.2.1999. Rep 25.6.1999.

pt 77, div 39 (Rules 77.105–77.107): Ins 24.2.1995. Rep 2005 (407), Sch 1 [101].

pt 77, div 40 (Rules 77.108–77.111): Ins 23.2.1996. Rep 2005 (407), Sch 1 [101].

pt 77, div 41 (Rule 77.112): Ins 24.5.1996. Rep 2005 (407), Sch 1 [101].

pt 77, div 42 (Rule 77.113): Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].

pt 77, div 43: Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].

rule 77.114: Ins 19.7.1996. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

rule 77.115: Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].

pt 77, div 44: Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].

rule 77.116: Ins 19.7.1996. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].

rule 77.117: Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].

pt 77, div 45: Ins 21.3.1997. Rep 2005 (407), Sch 1 [101].

rule 77.118: Ins 21.3.1997. Am 19.2.1999; 30.6.2000. Rep 2005 (407), Sch 1 [101].

rule 77.119: Ins 21.3.1997. Subst 24.11.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 46: Ins 24.4.1998. Rep 2005 (407), Sch 1 [101].

rule 77.120: Ins 24.4.1998. Rep 2005 (407), Sch 1 [101].

rule 77.121: Ins 24.4.1998. Subst 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

pt 77, div 47: Ins 24.4.1998 (see erratum 1.5.1998). Rep 2005 (407), Sch 1 [101].

rule 77.122: Ins 24.4.1998 (see erratum 1.5.1998). Rep 2005 (407), Sch 1 [101].

rule 77.123 and hdg: Ins 24.4.1998 (see erratum 1.5.1998). Subst 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

rule 77.124: Ins 24.4.1998 (see erratum 1.5.1998). Am 22.5.1998. Rep 2005 (407), Sch 1 [101].

pt 77, div 48 (Rules 77.125–77.127): Ins 22.5.1998. Rep 2005 (407), Sch 1 [101].

pt 77, div 49 (Rules 77.128–77.130): Ins 24.7.1998. Rep 2005 (407), Sch 1 [101].

pt 77: Ins 21.8.1998. Rep 2005 (407), Sch 1 [101].

pt 77.div 50 (Rules 77.131, 77.132): Ins 21.8.1998. Rep 2005 (407), Sch 1 [101].

pt 77, div 51: Ins 19.3.1999. Rep 2005 (407), Sch 1 [101].

rule 77.133: Ins 19.3.1999. Am 30.6.2000. Rep 2005 (407), Sch 1 [101].

rule 77.133A: Ins 23.11.2001. Rep 2005 (407), Sch 1 [101].

rule 77.134: Ins 19.3.1999. Am 30.6.2000. Rep 2005 (407), Sch 1 [101].

rule 77.134A: Ins 21.5.1999. Am 30.6.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 52: Ins 19.3.1999. Rep 2005 (407), Sch 1 [101].

rules 77.135–77.137: Ins 19.3.1999. Rep 2005 (407), Sch 1 [101].

rule 77.137A: Ins 25.2.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 53 (Rules 77.138–77.141): Ins 23.7.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 54 (Rules 77.142–77.144): Ins 20.8.1999. Rep 2005 (407), Sch 1 [101].

pt 77, div 55 (Rules 77.145–77.147): Ins 30.6.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 56: Ins 25.8.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 57 (Rules 77.148–77.151): Ins 25.8.2000. Rep 2005 (407), Sch 1 [101].

pt 77, div 58 (Rules 77.152–77.155): Ins 20.10.2000. Rep 2005 (407), Sch 1 [101].

Part 78 Probate

pt 78: Ins 30.6.1972.

Division 1 Preliminary

1 Interpretation

In this Part, unless the context or subject matter otherwise indicates or requires:
administration includes administration with the will annexed, administration de bonis non and limited and special administrations.
administrator means a person to whom administration is granted.
affected person means a person whose interest in the estate of a deceased might be affected by a declaration by the Court as to whether it is satisfied under section 18A of the former Wills Act or section 8 of the Succession Act (as applicable) in respect of an informal testamentary document made by the deceased.
de facto spouse has the meaning which it has in section 32G of the Probate Act.
estate includes real and personal estate.
grant means a grant of probate or administration.
informal testamentary document means a document which purports to embody the testamentary intentions of a deceased and has not been executed in accordance with the formal requirements of the Probate Act.
registrar has the same meaning as it has in the Probate Act.
resealing means sealing, under section 107 of the Probate Act, probate or letters of administration.
the former Wills Act means the Wills, Probate and Administration Act 1898, as in force before the commencement of the Succession Act.
the Probate Act means the Probate and Administration Act 1898.
the Succession Act means the Succession Act 2006.
will includes codicil.
rule 78.1: Ins 30.6.1972. Am 28.4.1978; 13.12.1991; 19.2.1999; 20.8.1999; 24.9.1999; 22.10.1999; 2008 (62), Sch 1 [2] [3].

2 Transition

(1) Proceedings for a grant or for resealing to which Division 3 applies, which are commenced before 1 October 1972, may be commenced and may be continued to grant or resealing in accordance with the practice, procedure, requirements and forms in force immediately before the commencement of the Act.
(2) Where the proceedings are commenced in accordance with subrule (1), the notice of address filed in the proceedings shall have effect as if it were the applicant’s address for service stated in proceedings commenced by summons in accordance with Division 3.
rule 78.2: Ins 30.6.1972.

3 Title

(1) This rule applies to proceedings:
(a)  to which this Part applies,
(b)  in the Court under any of the following provisions of the Trustee Companies Act 1964:
(i)  Section 6 (2) (grant of administration),
(ii)  Section 15 (appointment of administrator),
(iii)  Section 18 (3) (review of commission of trustee),
(iv)  Section 20A (1) (filing accounts relating to an estate),
(v)  Section 21 (2) (ordering account relating to an estate), and
(c)  on an application under section 19 (3) of the Family Provision Act 1982.
(2) In proceedings to which this rule applies:
(a)  there must be added to each document filed in the proceedings the words “Probate List” and “In the matter of [name of person to whom proceedings relate]”,
(b)  if Part 78 Division 3 applies:
(i)    (Repealed)
(ii)  there shall be added to a summons, after the matter referred to in paragraph (a) the words:
(A)  “Date of death:”, with a reference to the date of the death of the deceased,
(B)  “Gross value:”, with a reference to the gross value of the estate,
(C)  “Net value:”, with a reference to the net value of the estate, and
(D)  “Pages in will:”, with a reference to the number of pages in the will.
rule 78.3: Ins 30.6.1972. Am 23.12.1977. Subst 26.4.1996; 19.2.1999. Am 2005 (407), Sch 1 [102] [103].

4 (Repealed)

rule 78.4: Ins 30.6.1972. Rep 26.4.1996.

4A District agents

A registrar of a Local Court in any town beyond the distance from Sydney mentioned in section 98 (1) of the Probate Act, where a Local Court is held, may act as district agent for the registrar for the purpose of receiving applications for probate or administration under Division 4 of Part 2 of the Probate Act.
rule 78.4A: Ins 15.12.1972. Am 1.10.1976; 29.8.2003.

4B Public Trustee Act 1913: “prescribed registry”

The registry prescribed pursuant to section 4A of the Public Trustee Act 1913 is the registry of the Equity Division.
rule 78.4B: Ins 30.3.1973. Am 19.2.1999.

4C Appointments for hearing for proceedings commenced by summons with no return day

(1) A summons commencing proceedings under this Part (other than under rule 69 (2) (b) or 75A) is not to state a return day.
(2) A summons commencing proceedings under this Part (other than under rule 69 (2) (b) or 75A) is to contain the following statement:
“The proceedings commenced by this summons will be dealt with by a Judge or a registrar out of court. However, the Court may, of its own motion, appoint a date for the hearing in Court of the proceedings.”
(3) The Court may, of its own motion, appoint a date for the hearing of proceedings commenced by summons under this Part where a return day has not been appointed.
(4) If the Court appoints a date for the hearing of proceedings commenced by summons, the Court must give the parties, or ensure that the parties are given, notice of the appointment at least 5 days before the date appointed. Any such notice must be in writing or by email or facsimile transmission.
rule 78.4C: Ins 13.6.2003. Am 2005 (407), Sch 1 [104].

4D Bills for moderation

(1) A bill for moderation must be served on each executor, administrator or trustee before it is filed.
(2) A request for moderation must be endorsed on the bill in the prescribed form and signed by each executor, administrator and trustee.
rule 78.4D: Ins 2005 (407), Sch 1 [105].

Division 2 Registrar

5 Powers of the registrar

(1) The registrar may exercise the powers of the Court in and about:
(a)  proceedings to which Division 3 applies (including making a grant on presumption of death and giving leave in the grant to distribute the estate),
(b)  granting leave to creditors to commence proceedings for a grant of administration,
(c)  assigning guardians or minors,
(d)  setting and issuing citations,
(e)  appointing tutors of disable persons,
(f)  passing the accounts of executors, administrators and trustees, including the allowing of commission or percentage to executors, administrators and trustees for their pains and trouble and costs in connection with accounts,
(g)  granting further time to executors, administrators, or trustees to file, or file and pass, or verify and file, or verify, file and pass their accounts or pass accounts filed,
(g1)  declaring whether it is satisfied under section 18A of the former Wills Act or section 8 of the Succession Act (as applicable) where:
(i)  to the extent that rules 34E (1) or 34E (3) are applicable:
(A)  those rules have been complied with, or
(B)  the Court has dispensed with compliance with those rules,
and no appearance has been entered within the time limited for entry of an appearance to a notice served under either of those rules, or
(ii)  the value of the interest in the estate that would be affected by a declaration being made under that section does not exceed $30,000,
(g2)  dispensing with compliance with the requirements of rule 34E (1) on the grounds mentioned in rule 34E (2),
(g3)  making orders under rule 34H (4) (b),
(g4)  granting leave under rule 34H (5),
(g5)  giving directions under rule 34I (c) (ii),
(g6)  making orders under rule 69 in relation to caveats lodged under rule 62A,
(h)  making orders under section 85 (1), (1AA), (1A), (1B), (2), (4) and (5) of the Probate Act,
(i)  ordering executors, administrators or trustees to show cause before the Court under subsection (2) of section 87 of the Probate Act,
(j)  ordering executors, administrators or trustees ordered to show cause before the Court under section 87 (2) of the Probate Act to file, or verify and file, an inventory or to file, or file and pass, or verify and file, or verify, file and pass their accounts,
(k)  issuing documents under section 91 (2) of the Probate Act,
(l)  barring of claims under section 93 of the Probate Act and the making of any other order that the Court may make under sub-section (2) of that section,
(m)  withdrawal of caveats under section 148 of the Probate Act,
(n)  revocation or rescission of grants of probate or administration except where the revocation or rescission is contested or an order for provision under the Family Provision Act 1982 has been made,
(o)  authorisation of the sale, lease or mortgage of any of the real estate as to which any person dies intestate where the gross value of such real estate does not exceed $60,000, and no objection is raised to the sale, lease or mortgage,
(p)  orders under section 18 (3) of the Trustee Companies Act 1964 (which subsection relates to the review of Commission),
(q)  declaring whether it is satisfied under section 13 (2) (c), 15A (2) (a) or 29A (1) of the former Wills Act or under section 10 (3) (c) or 27 (1) of the Succession Act (as applicable) where:
(i)  rule 34C (1) has been complied with and no appearance has been entered by any person cited, or
(ii)  the value of the interest in the estate that would be effected by a declaration made under that section does not exceed $30,000,
(r)  making orders under section 150 (1) of the Probate Act,
(s)  making a declaration under section 21 (2) of the Status of Children Act 1996 where:
(i)  the person whom it is sought to have declared as a parent (the alleged parent) of the child in question is deceased, and
(ii)  the registrar makes the declaration at the same time as the registrar makes a finding as to whether the alleged parent is a parent of the child in proceedings to which Division 3 applies for a grant or resealing in respect of the alleged parent’s estate,
(t)  making an appointment for hearing for a summons under rule 4C (3),
(u)  requiring further evidence to be furnished, further documents to be filed or notices to be given in any proceedings.
(2) Where the Court refers any matter to the registrar for the exercise in respect of that matter of any powers of the Court, the registrar may exercise in respect of that matter that power.
(3)–(5)   (Repealed)
rule 78.5: Ins 30.6.1972. Am 2.11.1973; 24.12.1981; 25.5.1984; 23.8.1985; 13.12.1991; 26.4.1996; 21.7.2000; 13.6.2003; 2005 (407), Sch 1 [106]; 2008 (62), Sch 1 [4]–[6].

6 Review of registrar’s decision

Divisions 4 and 5 of Part 49 of the Uniform Civil Procedure Rules 2005 do not apply in respect of the registrar except where the registrar:
(a) declares whether he is satisfied under section 13 (2) (c), 15A (2) (a), 18A or 29A (1) of the former Wills Act or under section 10 (3) (c) or 27 (1) of the Succession Act (as applicable), or
(b) makes an order in proceedings for passing accounts or for passing accounts and for commission.
rule 78.6: Ins 30.6.1972. Subst 15.12.1972. Am 23.9.1988. Subst 13.12.1991. Am 26.4.1996; 2005 (407), Sch 1 [107]; 2008 (62), Sch 1 [7] [8].

Division 3 Non-contentious proceedings for grant or resealing

7 Application of Division

This Division applies to proceedings for a grant or for resealing where:
(a) there is no defendant, other than a defendant who may take part in the proceedings only to the extent permitted by Part 78 rule 34I (c), and
(b) no person is cited to see the proceedings.
rule 78.7: Ins 30.6.1972. Am 13.12.1991.

8 Commencement of proceedings

(1) Proceedings for the grant or resealing shall be commenced by summons in Form 90.
(2) (Repealed)
rule 78.8: Ins 30.6.1972. Am 1.10.1976; 13.6.2003; 2005 (407), Sch 1 [108].

9 Hearing

(1) The proceedings may be heard:
(a) in the absence of the public, and
(b) without the appearance before the Court of any person.
(2) The proceedings shall be heard without an appointment being obtained for the hearing.
(3) Rules 6.14, 6.15 and 6.16 of the Uniform Civil Procedure Rules 2005 do not apply.
(4) Subrules (1) and (2) do not apply to any parts of the proceedings in which a person who has entered an appearance under rule 34H (1) may take part.
rule 78.9: Ins 30.6.1972. Am 13.12.1991; 2005 (407), Sch 1 [109].

10 Publication of notice of intended application

(1) Notice, in the form prescribed, of an intended application for a grant or for resealing shall be published:
(a) if the deceased was resident at the date of his death in the State—in a newspaper circulating in the district where the deceased resided, or
(b) otherwise—in a Sydney daily newspaper.
(2) A notice under subrule (1) shall state the date or dates of any will and each codicil (if any) sought to be proved or where the document bears no date a statement of this fact and of the approximate date, if known.
(3) Where it is intended to apply for dispensing with an administration bond, or with one or both of the sureties, or for reduction of the penalty of the bond, the notice under subrule (1) shall require creditors to send in their claims.
(4) Subrules (2) and (3) shall not apply in respect of an application for a grant of administration as referred to in section 41A (1) of the Probate Act (which subsection relates to administration for the purposes only of an application under the Family Provision Act 1982).
(5) The Court may require further advertisement.
rule 78.10: Ins 30.6.1972. Am 1.10.1976; 25.5.1984; 13.12.1991.

11 Delay

(1) Where proceedings for a grant:
(a) are not commenced until six months or more after the death of the deceased, and
(b) are the first proceedings for a grant,
the plaintiff shall file an affidavit explaining the delay.
(2) Subrule (1) shall not apply in respect of proceedings for a grant of administration as referred to in section 41A (1) of the Probate Act (which subsection relates to administration for the purposes only of an application under the Family Provision Act 1982).
rule 78.11: Ins 30.6.1972. Am 25.5.1984.

12 Domicile out of New South Wales

Where it appears in proceedings for a grant or for resealing that the deceased was domiciled out of New South Wales, the Court may require evidence of:
(a)  the domicile of the deceased,
(b)  the requirements of the law of the domicile as to the validity of any will made by the deceased,
(c)  the law of the domicile as to the person entitled in distribution of the estate.
rules 78.12–78.22: Ins 30.6.1972.

13 Identity

The Court may, in proceedings for a grant, require proof of the identity of the deceased or of the plaintiff.
rules 78.12–78.22: Ins 30.6.1972.

14 Renunciation

(1) Where a person has renounced probate or administration, he shall not be granted representation of the deceased in another capacity.
(2) A renunciation by an executor of probate may be made in the form prescribed.
rules 78.12–78.22: Ins 30.6.1972.

15 Will not sufficiently attested

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will which does not contain a sufficient attestation clause or contains no attestation clause.
(2) The plaintiff shall file an affidavit in the form prescribed by one or more of the attesting witnesses as to due execution of the will.
(3) Where the plaintiff is unable to comply with subrule (2) he shall file an affidavit explaining the reason for the inability and an affidavit by some person, other than an attesting witness, who was present when the will was executed.
(4) Where the plaintiff is unable to comply with subrule (2) or with subrule (3), he shall furnish evidence, on affidavit, of the reason for the inability and of the identity of the signature of the testator and of the attesting witnesses respectively or of any other facts from which it may be inferred that the will was duly executed.
rules 78.12–78.22: Ins 30.6.1972.

16 Testator’s knowledge and approval of contents

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and:
(a)  the will appears to have been signed by a blind testator,
(b)  the will appears to have been signed by an illiterate testator,
(c)  the will appears to have been signed by another person by direction of the testator, or
(d)  there are circumstances which raise doubt whether the testator, at the time of execution of the will, knew and approved of the contents of it.
(2) The plaintiff shall furnish evidence on affidavit which establishes that the testator, at the time of execution of the will, knew and approved of its contents.
(3) Where any of the evidence is that of an attesting witness or other person present at the time of execution, his affidavit shall state the manner in which the will was executed.
rules 78.12–78.22: Ins 30.6.1972.

17 Further evidence as to execution

Where in proceedings for a grant the plaintiff seeks to prove a will and, notwithstanding that the plaintiff has complied with rules 15 and 16, the Court considers that there is some doubt about the execution of the will or that any circumstance in connection with the execution requires explanation, the Court may require further evidence.
rules 78.12–78.22: Ins 30.6.1972.

18 Date of execution

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and the will is undated or there appears to be doubt as to the date on which it was executed.
(2) The Court may require evidence establishing the date of the execution.
rules 78.12–78.22: Ins 30.6.1972.

19 Interlineations, obliterations and alterations

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and:
(a) an interlineation, obliteration or alteration appears in the will, and
(b) the interlineation, obliteration or alteration has not been duly authenticated or otherwise validated.
(2) The Court may require evidence establishing whether the interlineation, obliteration or alteration was made before the execution of the will.
rules 78.12–78.22: Ins 30.6.1972.

20 Documents referred to or attached

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and:
(a)  the will contains a reference to a document that suggests that the document may be incorporated in the will, or
(b)  there are marks on the will from which it appears that a document has been attached to it.
(2) The Court may require:
(a)  production of the document, and
(b)  evidence in regard to it.
rules 78.12–78.22: Ins 30.6.1972.

21 Part of will paper torn off or cut off

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and it appears that part of the paper on which the will was written has been torn off or cut off.
(2) The Court may require:
(a) production of the part torn off or cut off, and
(b) evidence in regard to it.
rules 78.12–78.22: Ins 30.6.1972.

22 Burning, tearing or other sign of revocation

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and:
(a) the appearance of the will suggests that there may have been an attempted destruction of it by burning, tearing or otherwise, or
(b) there are other circumstances which suggest that the testator may have revoked the will.
(2) The circumstances shall be fully explained on affidavit.
rules 78.12–78.22: Ins 30.6.1972.

23 Inoperative will

(1) This rule applies where in proceedings for a grant the plaintiff seeks to prove a will and it appears that the will is or may be inoperative or partly inoperative by reason of the executors and beneficiaries all predeceasing the testator or for any other reason.
(2) The Court may require evidence:
(a) as to matters relevant to whether the will is inoperative or partly inoperative, and
(b) showing what persons would be entitled in distribution of the estate upon intestacy and where it is claimed that the whole or part of the estate is required to be held in trust for a de facto wife, de facto husband or de facto spouse of the deceased, showing that the estate or part is required to be held in trust for her or him.
rule 78.23: Ins 30.6.1972. Am 23.8.1985; 20.8.1999.

23A (Repealed)

rule 78.23A: Ins 19.8.1994. Rep 2008 (62), Sch 1 [9].

23B Proof of death otherwise than by death certificate

On an application under rules 24–26A or rule 28, the Court may allow a death to be proved otherwise than by means of a death certificate.
rule 78.23B: Ins 19.8.1994.

24 Evidence in support of application for probate

(1) An application for probate shall be supported by affidavit:
(a)  in Form 97,
(b)  where the deceased died on or after 1 November 1989 and he or she made any informal testamentary document—of the name and address of every person who is an affected person in relation to the estate of the deceased (designating as a disable person any person who, in the plaintiff’s opinion, is or may be a disable person) or, where the name and address of an affected person cannot be ascertained, the best information the plaintiff can give to assist in ascertaining the name, address and identity of the affected person,
(c)  where the plaintiff relies on section 15A of the former Wills Act (relating to termination of marriage)—stating the facts upon which the plaintiff relies, and
(d)  where the deceased died before 1989—of search in the registry for, and no evidence of any prior application for, any grant or resealing.
(2) Where an executor has renounced probate:
(a)  evidence of the renunciation shall be furnished, and
(b)  where a renunciation has been signed by the executor—the renunciation shall be filed.
(3) Where an executor is not joining in the application and leave is sought to be reserved to him or her to come in and apply for probate, evidence shall be furnished that he or she has been served, not less than 14 days before the proceedings for grant are commenced, with notice of the intended proceedings or that he or she is not in New South Wales or that he or she is a minor.
(4) The notice referred to in subrule (3) shall be served personally or by sending the notice by certified mail to the executor and obtaining from the postal authorities a written acknowledgement, purporting to be signed by him or her, of receipt of the certified article.
(5) Where the testator died before 31 December 1981:
(a)  paragraph 10 of Form 97 shall be omitted, and
(b)  the affidavit required by subrule (1) (a) shall state that the plaintiff will administer the estate of the deceased according to law and will render a just and true account of the administration of it to the Court within 12 months from the date of grant.
rule 78.24: Ins 30.6.1972. Am 24.12.1981; 23.8.1985; 20.9.1985; 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 20.8.1999; 2008 (62), Sch 1 [10].

24A Evidence in support of application for administration

(1) This rule applies to an application for administration of the estate of a deceased who died after the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999 (other than an application by or on behalf of a de facto spouse or for administration with the will annexed or as referred to in section 41A (1) of the Probate Act, which subsection relates to administration for the purposes only of an application under the Family Provision Act 1982).
(2) The application shall be supported by affidavit:
(a)  in Form 98,
(b)  where the deceased made any informal testamentary document—of the name and address of every person who is an affected person in relation to the estate of the deceased (designating as a disable person any person who, in the plaintiff’s opinion, is or may be a disable person) or, where the name and address of an affected person cannot be ascertained, the best information the plaintiff can give to assist in ascertaining the name, address and identity of the affected person, and
(c)  in the prescribed form, showing that the deceased did not leave a person for whom the estate or part is required to be held in trust under section 61B (3A) (a) or (3B) (a) or (b) (ii) of the Probate Act or, by the operation of section 32G (2) of that Act (which provisions relate to a de facto spouse) under any other provision of that Act.
(3) Where the grant is applied for by less than all the persons who are in New South Wales and are entitled to a grant of administration, the application must be supported by:
(a)  the consent, in the form prescribed, of each such person entitled to a grant but not applying for the grant, to the grant being made to the plaintiff, with an affidavit verifying the consent endorsed on the document containing the consent, or
(b)  an affidavit as to service, not less than 14 days before the proceedings are commenced, upon each of those persons whose consent to the grant is not filed, of notice of intention to make the application.
(4) The notice referred to in subrule (3) (b) shall be served:
(a)  personally, or
(b)  by sending a copy of the notice:
(i)  in the case of service within Australia—by certified mail to the person to be served, and
(ii)  in the case of service outside Australia—registered post to the person to be served,
and by obtaining from the postal authorities a written acknowledgment, purporting to be signed by that person, of receipt of the certified or registered article.
(5) Subject to subrule (6):
(a)  an administration bond, in the form prescribed, shall be filed, and
(b)  except where the bond is given by a guarantee company approved by the Court, there shall be 2 sureties to the bond.
(6) The Court may:
(a)  dispense with the bond,
(b)  dispense with one or both of the sureties, or
(c)  reduce the penalty of the bond.
(7) Where dispensing with the bond or with one or both of the sureties, or reduction of the penalty of the bond, is sought, an affidavit shall be filed in support of the dispensing or the reduction.
(8) Where there is a surety to a bond, an affidavit of justification by the surety, in the form prescribed, shall be filed.
rule 78.24A: Ins 20.8.1999.

25 Evidence in support of application for administration

(1) This rule applies to an application for administration of the estate of a deceased who died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999 (other than an application by or on behalf of a de facto wife or de facto husband or for administration with the will annexed or as referred to in section 41A (1) of the Probate Act, which subsection relates to administration for the purposes only of an application under the Family Provision Act 1982).
(2) The application shall be supported by affidavit:
(a)  in Form 98,
(b)  where the deceased died on or after 1 November 1989 and he or she made any informal testamentary document—of the name and address of every person who is an affected person in relation to the estate of the deceased (designating as a disable person any person who, in the plaintiff’s opinion, is or may be a disable person) or, where the name and address of an affected person cannot be ascertained, the best information the plaintiff can give to assist in ascertaining the name, address and identity of the affected person,
(c)  where the deceased died before 1 July 1977 without issue—whether he or she was born legitimate,
(d)  where the deceased died before 1978 and, pursuant to the Probate Act, the estate of the deceased held in statutory trust for issue is divisible into shares—of the particulars and value of any money or property which by way of advancement or on marriage of a child of the deceased has been paid to that child by the deceased for the benefit of that child,
(e)  where the deceased died before 1989—of search in the registry for, and no evidence of any prior application for, any grant or resealing, and
(f)  where the deceased died on or after 1 July 1985—in the prescribed form, showing that the deceased did not leave a person for whom the estate or part is required to be held in trust under section 61B (3A) (a) or (3B) (a) or (b) (ii) of the Probate Act or, by the operation of section 32G (2) of that Act (which provisions relate to a de facto wife, etc) under any other provision of that Act.
(3) Rule 24A (3)–(8) apply to an application to which this rule applies.
(4) Where the deceased died before 31 December 1981:
(a)  paragraph 9 of Form 98 shall be omitted, and
(b)  the affidavit required by subrule (2) (a) shall state that the plaintiff will administer the estate of the deceased according to law and will render a just and true account of the administration of it to the Court within 12 months from the date of grant.
rule 78.25: Ins 30.6.1972. Am 1.7.1977; 24.12.1981; 25.5.1984; 23.8.1985 (see erratum 6.9.1985); 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 19.7.1996. Subst 20.8.1999.

25A Evidence in support of application for administration by de facto wife, de facto husband or de facto spouse

(1) This rule applies to an application for administration by or on behalf of a de facto wife, de facto husband or de facto spouse (other than administration as referred to in section 41A (1) of the Probate Act, which subsection relates to administration for the purposes only of an application under the Family Provision Act 1982).
(2) The application shall be supported by affidavit:
(a)  in Form 98,
(b)  where the deceased died on or after 1 November 1989 and he or she made any informal testamentary document—of the name and address of every person who is an affected person in relation to the estate of the deceased (designating as a disable person any person who, in the plaintiff’s opinion, is or may be a disable person) or, where the name and address of an affected person cannot be ascertained, the best information the plaintiff can give to assist in ascertaining the name, address and identity of the affected person,
(c)  where the deceased died before 1989—of search in the registry for and no evidence of any prior application for any grant or resealing, and
(d)  which:
(i)  if the deceased died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999—is in Form 103A sworn by the de facto wife or de facto husband,
(ii)  otherwise—is in Form 103AA sworn by the de facto spouse,
showing that the estate or part is required to be held in trust for her or him.
(3) The application must be supported by:
(a)  in the form prescribed, the consent of each person who is not applying for a grant and who is entitled in distribution of the estate or would, if the deceased had not left a de facto wife, de facto husband or de facto spouse, have been so entitled, to the grant being made to the plaintiff, with an affidavit verifying the consent endorsed on the document containing the consent, or
(b)  an affidavit as to service:
(i)  within the State—not less than 14 days before proceedings are commenced, or
(ii)  outside the State—not less than 28 days before proceedings are commenced,
upon each of those persons whose consent to the grant is not filed of:
(iii)  affidavits required by subrule (2) (a), (b) and (d) duly sworn, and
(iv)  notice in the prescribed form.
(4) The affidavits and notice referred to in subrule (3) (b) shall be served:
(a)  personally, or
(b)  by sending copies of them:
(i)  in the case of service within Australia—by certified mail to the person to be served, and
(ii)  in the case of service outside Australia—by registered post to the person to be served,
and by obtaining from the postal authorities a written acknowledgment, purporting to be signed by that person, of receipt of the certified or registered article.
(5) Rule 24A (5)–(8) apply to an application to which this rule applies.
rule 78.25A: Ins 23.8.1985. Am 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 19.7.1996. Subst 20.8.1999. Am 2008 (62), Sch 1 [11] [12].

26 Evidence in support of application for administration with will annexed

(1) An application for administration with the will annexed shall be supported by:
(a)  the affidavits and documents, so far as appropriate, referred to in rule 24A, 25 or 25A, and
(b)  the affidavits and documents which, if the application were an application for probate of the will, would be required by rule 24 (1) (a), (b) and (c) and (2).
(2) An affidavit of the plaintiff pursuant to subrule (1) shall be in Form 104.
(3) Where the executor or the executors named in the will renounces or renounce probate in favour of the Public Trustee, in the form prescribed, administration with the will annexed may be granted to the Public Trustee without the consent or citation of any person.
(4) Where the deceased died before 31 December 1981:
(a)  paragraph 11 of Form 104 shall be omitted, and
(b)  the affidavit required by subrule (1) shall state that the plaintiff will administer the estate of the deceased according to law and will render a just and true account of the administration of it to the Court within 12 months from the date of grant.
rule 78.26: Ins 30.6.1972. Am 24.12.1981; 23.8.1985; 25.8.1989. Subst 19.8.1994; 20.8.1999.

26A Evidence in support of application for administration for the purposes only of the Family Provision Act 1982

(1) An application for a grant of administration as referred to in section 41A (1) of the Probate Act shall be supported by affidavit:
(a)  in Form 105A,
(b)  where the plaintiff is aware of any proposal by any other person to make an application for a grant—of service, not later than 14 days before commencement by the plaintiff of the proceedings for a grant, on the other person, of a notice of the plaintiff’s intention to commence the proceedings, and
(c)  where the deceased died before 1989—in the form prescribed, of search in the registry for and no evidence of any prior application for any grant or resealing.
(2) The notice referred to in subrule (1) (b) shall be served:
(a)  personally, or
(b)  by sending a copy of the notice:
(i)  in the case of service within Australia—by certified mail to the person to be served, and
(ii)  in the case of service outside Australia—by registered post to the person to be served,
and by obtaining from the postal authorities a written acknowledgement, purporting to be signed by that person, of receipt of the certified or registered article.
rule 78.26A: Ins 25.5.1984. Am 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994.

27 Notice to Crown Solicitor of application for administration

(1) Where the deceased was illegitimate and dies before 1 January 1955, notice of an application for administration shall be served upon the Crown Solicitor if the deceased:
(a)  was a bachelor or spinster,
(b)  was a widower or widow without issue, or
(c)  left a widow or widower but no issue and the net value of the estate is sworn to be in excess of $2,000.
(2) Where the deceased was illegitimate and died after 1 January 1955 and before 1 July 1977 without leaving his mother surviving, notice of an application for administration shall be served upon the Crown Solicitor if the deceased:
(a)  was a bachelor, or
(b)  was a spinster, widower or widow and died without issue.
(3) Where the deceased died on or after 1 July 1977 without leaving any next of kin surviving, notice of an application for administration (except administration with the will annexed) shall be served upon the Crown Solicitor.
rule 78.27: Ins 30.6.1972. Am 1.7.1977; 20.4.1990.

28 Evidence in support of application for resealing

(1) An application for resealing shall be supported by affidavits:
(a)  in Form 106,
(b)  where the deceased died on or after 1 November 1989 and made any informal testamentary document—of the name and address of every person who is an affected person in relation to the estate of the deceased (designating as a disable person any person who, in the plaintiff’s opinion, is or may be a disable person) or, where the name and address of an affected person cannot be ascertained, the best information the plaintiff can give to assist in ascertaining the name, address and identity of the affected person,
(c)  annexing certified copies of any relevant documents, and
(d)  where the deceased died before 1989—of search in the registry for and no evidence of any prior application for any grant or resealing.
(2) Subrules (5), (6), (7) and (8) of rule 24A apply as if the application were an application for administration.
(3) A copy of the document sought to be sealed, certified by the Court or by the court which made the grant, must be filed.
(4) All relevant original documents must be produced.
(5)   (Repealed)
rule 78.28: Ins 30.6.1972. Am 24.12.1981; 23.8.1985; 26.9.1986; 13.12.1991. Subst 19.8.1994. Am 20.8.1999; 21.7.2000.

28A Affidavit of additional assets: cf s 81A (2) of the Probate Act

An executor, administrator or trustee of the estate of a person who dies on or after 31 December 1981 shall disclose assets or liabilities pursuant to section 81A (2) of the Probate Act (which subsection relates to disclosing assets not previously disclosed) by filing an affidavit in the prescribed form.
rule 78.28A: Ins 24.12.1981.

Division 4 Administration during minority

29 Administration during minority

(1) The Court may grant administration during minority, for the use and benefit of minors, to:
(a)  the legal or testamentary guardian of the minors,
(b)  a guardian elected as provided by rule 30, or
(c)  a guardian of the minors assigned, on his application, by the Court.
(2) A grant of administration during minority shall be subject to such limitations and conditions as the Court thinks fit.
rules 78.29–78.31: Ins 30.6.1972.

30 Elected guardians

(1) A minor who is aged 16 years or upwards may elect a guardian for the purpose of applying for a grant of administration.
(2) The elected guardian may act also for minors who are less than 16 years of age but who are in the same family as the minor who elected.
(3) Notwithstanding the election of a guardian the Court may grant administration to any person who is referred to in paragraphs (a) or (c) of subrule (1) or rule 29 and whom it considers to be more appropriate or better fitted to act as guardian.
(4) A grant shall not be made to an elected guardian unless evidence of his election and of his appropriateness and fitness to be guardian is furnished.
rules 78.29–78.31: Ins 30.6.1972.

31 Assigned guardian

(1) Application by a person for an order assigning him as the guardian of minors for the purpose of applying for administration shall be made by summons.
(2) There shall be no defendant in the proceedings.
(3) The proceedings may be heard:
(a) in the absence of the public, and
(b) without the appearance before the Court of any person.
(4) The proceedings shall be heard without an appointment being obtained for the hearing.
(5) The application shall be supported by evidence of the relationship, if any, of the proposed guardian to the minors and of his appropriateness and fitness to act as guardian.
(6) A draft minute of the order sought shall be lodged with the registrar.
(7) The order shall be entered.
(8) The order may be entered at any time after the minute of it is signed.
rules 78.29–78.31: Ins 30.6.1972.

Division 5 Applications by creditors for administration

32 (Repealed)

rule 78.32: Ins 30.6.1972. Rep 26.11.2004.

33 Citations

(1) A creditor who desires to commence proceedings for a grant of administration in circumstances where the deceased has left a will must:
(a)  file an affidavit in proof of the debt to the creditor, and
(b)  where an executor is appointed by the will and has not renounced probate—serve a citation to take probate on the executor, and
(c)  where the executor fails to comply with the citation to take probate—serve a citation to pray for administration:
(i)  on every beneficiary under the will, and
(ii)  in the case of a partial intestacy, on every person entitled in administration of the estate on intestacy.
(2) Where the executor has been served with a citation to take probate and has failed to comply with the citation, it is not necessary, unless the Court otherwise directs, to serve him a citation to pray for administration.
(3) Where an executor is appointed by the will and has not renounced probate, the creditor shall not serve a citation to pray for administration unless he has complied with paragraph (a) of subrule (1) and the executor has failed to comply with a citation to take probate.
(4) Where a creditor desires to commence proceedings for a grant of administration and the deceased did not leave a will, he shall serve upon every person entitled in administration of the estate upon intestacy a citation to pray for administration.
(5) In any proceedings commenced by a creditor for a grant of administration, the creditor must file an affidavit of compliance with this rule and that none of the persons cited has complied with the citation.
(6) In any proceedings commenced by a creditor for a grant of administration, the Court may require any one or more of the following:
(a)  that further evidence be furnished to the Court,
(b)  that further citations be served,
(c)  that further notices be given.
(7) The Court may, if it thinks fit, refuse or withhold a grant of administration to a creditor even if the creditor has complied with this rule.
rule 78.33: Ins 30.6.1972. Am 26.11.2004.

34 (Repealed)

rule 78.34: Ins 30.6.1972. Rep 26.11.2004.

Division 5A Proceedings under sections 13, 15A and 29A of the former Wills Act or sections 10 and 27 of the Succession Act

pt 78, div 5A, hdg: Am 13.12.1991. Subst 2008 (62), Sch 1 [13].

pt 78, div 5A: Ins 25.8.1989.

34A Form of consent

(1) A consent mentioned in section 13 (2) (b) of the former Wills Act or section 10 (3) (b) of the Succession Act (as applicable) may be given in the form prescribed with an affidavit verifying the consent added to the form of consent.
(1A) A consent to an order referred to in rule 34C (1) shall be in the form prescribed with an affidavit verifying the consent added to the form of consent.
(2) The consent shall be filed in the registry.
rule 78.34A, headnote: Ins 25.8.1989. Am 26.4.1996.
rule 78.34A: Ins 25.8.1989. Am 26.4.1996; 2008 (62), Sch 1 [14].

34B Plaintiff sole executor etc (s 13 of former Wills Act; s 10 of Succession Act)

(1) The originating process on an application for an order under section 13 (2) (c) of the former Wills Act or section 10 (3) (c) of the Succession Act (as applicable) shall not join as a defendant:
(a)  any person, where any plaintiff is the sole executor or administrator,
(b)  any person, where there is sufficient reason for not doing so.
(2) Notwithstanding subrule (1), the Court may, at any stage of the proceedings, direct that any person be added as a party or substituted for another party or a former party or that notice of the proceedings be served on any person in addition to or instead of the defendant.
(3)   (Repealed)
(4) Rule 7.6 of the Uniform Civil Procedure Rules 2005 (which relates to representative orders) applies to proceedings for an order under section 13 (2) (c) of the former Wills Act or section 10 (3) (c) of the Succession Act (as applicable) as it applies to proceedings mentioned in subrule (1) of that rule.
rule 78.34B, headnote: Subst 2008 (62), Sch 1 [15].
rule 78.34B: Ins 25.8.1989. Am 2005 (407), Sch 1 [110] [111]; 2008 (62), Sch 1 [16] [17].

34C Citations etc (ss 13, 15A and 29A of former Wills Act; ss 10 and 27 of Succession Act)

(1) A person whose interests would be adversely affected by an order under section 13 (2) (c), 15A (2) (a) or 29A (1) of the former Wills Act or under section 10 (3) (c) or 27 (1) of the Succession Act (as applicable) shall, within 14 days of commencement of proceedings for the order, be cited to see the proceedings unless the person has consented as prescribed by rule 34A.
(2) On an application for any order mentioned in subrule (1), the applicant for the grant shall file an affidavit showing the persons whose interests would be adversely affected if the order was made.
rule 78.34C, headnote: Am 13.12.1991. Subst 2008 (62), Sch 1 [18].
rule 78.34C: Ins 25.8.1989. Am 13.12.1991; 26.4.1996; 2008 (62), Sch 1 [19].

34D Notice of intention to distribute (s 13 (3) of former Wills Act)

A notification under section 13 (3) of the former Wills Act may be in the form prescribed.
rule 78.34D, headnote: Subst 2008 (62), Sch 1 [20].
rule 78.34D: Ins 25.8.1989. Am 2008 (62), Sch 1 [21].

Division 5B Proceedings under section 18A of the former Wills Act and section 8 of the Succession Act

pt 78, div 5B: Ins 13.12.1991.

pt 78, div 5B, hdg: Subst 2008 (62), Sch 1 [22].

34E Consent of or notice to affected persons

(1) Subject to rule 34J, an applicant for a grant in relation to an estate shall, in respect of any person whose interest in the estate might be affected by a declaration by the Court as to whether the Court is satisfied under section 18A of the former Wills Act or section 8 of the Succession Act (as applicable) in respect of an informal testamentary document made by the deceased:
(a)  if the affected person is not a disable person—file a consent, in the form prescribed, of the affected person, or
(b)  serve notice, in the form prescribed, on the affected person,
in respect of the informal testamentary document.
(2) The grounds on which the Court may dispense with compliance with any of the requirements of subrule (1) include that:
(a)  the affected person is a disable person,
(b)  the affected person cannot be ascertained or cannot readily be ascertained,
(c)  the affected person, though ascertained, cannot be found, and
(d)  though the affected person can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to dispense with compliance for the purpose of saving expense.
(3) The applicant for the grant shall serve notice, in the form prescribed, on each person who has lodged a caveat under rule 62A which is in force.
rule 78.34E: Ins 13.12.1991. Am 2008 (62), Sch 1 [23].

34F Consenting or notified person to be bound by declaration

A person:
(a)  whose consent is filed under rule 34E (1) (a),
(b)  upon whom notice is served under rule 34E (1) (b) or rule 34E (3), or
(c)  in respect of whom the Court has dispensed with compliance with the requirements of rule 34E (1) or rule 34E (3),
shall be bound by a declaration made by the Court as to whether it is satisfied under section 18A of the former Wills Act or section 8 of the Succession Act (as applicable) in respect of any informal testamentary document referred to in the consent, or in the notice, to the same extent as if the person were a party at the time when the declaration was made, except where the declaration has been obtained by fraud or non-disclosure of material facts.
rule 78.34F: Ins 13.12.1991. Am 2008 (62), Sch 1 [24].

34G Service of notice

(1) This rule applies to notices to be served under rule 34E.
(2) A notice may be served outside the State.
(3) Part 11 of the Uniform Civil Procedure Rules 2005 does not apply to service of a notice under rule 34E.
(4) A notice shall be served:
(a)  personally, or
(b)  where the person upon whom the notice is to be served is not a disable person, by sending the notice:
(i)  in the case of service within Australia—by certified mail to the person to be served, and
(ii)  in the case of service outside Australia—by registered post to the person to be served,
and by obtaining from the postal authorities a written acknowledgement, purporting to be signed by that person, of receipt of the certified or registered article.
(5) Service of a notice on a disable person shall not take effect before the appointment of a tutor for the disable person.
rule 78.34G: Ins 13.12.1991. Am 2005 (407), Sch 1 [112].

34H Appearance by person upon whom notice is served

(1) A person upon whom a notice is served under rule 34E may enter an appearance in the proceedings.
(2) Division 3 of Part 6 of the Uniform Civil Procedure Rules 2005 (which relates to appearance) applies to appearance by a person upon whom the notice is served as if that person were a defendant in the proceedings.
(3) Rule 12.11 of the Uniform Civil Procedure Rules 2005 does not apply to proceedings to which this Division applies.
(4) The time to be limited by the notice for the person upon whom it is served to enter an appearance, shall be in the case of service:
(a) within the State or the Australian Capital Territory—not less than 14 days after service, or
(b) elsewhere—not less than 28 days after service or such other time as the Court may order.
(5) An appearance shall not be entered after the expiration of the time limited except by the leave of the Court.
rule 78.34H: Ins 13.12.1991. Am 2005 (407), Sch 1 [113] [114].

34I Person appearing becomes party

Where a person enters an appearance under rule 34H (1) in any proceedings within the time limited for filing an appearance in respect of a notice served on him under rule 34E in the proceedings:
(a)  that notice, and any notice served on the person under rule 34E in the proceedings after the entry of the appearance, is in this rule called a contested notice,
(b)  the person shall, upon entering the appearance, become a defendant in the proceedings and the proceedings shall continue as if he were joined as a defendant by the originating process and as if he were served with the originating process on the day on which he was served with the notice,
(c)  the person shall take part only in such parts of the proceedings:
(i)  as relate to the Court declaring whether it is satisfied under section 18A of the former Wills Act or section 8 of the Succession Act (as applicable) in respect of each informal testamentary document to which a contested notice served under rule 34E (1) relates, or
(ii)  as the Court directs, and
(d)  the person shall cease to be a defendant in the proceedings upon the conclusion of those parts of the proceedings referred to in paragraph (c).
rule 78.34I: Ins 13.12.1991. Am 2008 (62), Sch 1 [25].

34J Defended proceedings

Where there is a defendant to any proceedings for a grant the applicant for the grant:
(a) shall not comply with rule 34E in respect of the defendant, and
(b) shall serve on the defendant a copy of any informal testamentary document made by the deceased.
rule 78.34J: Ins 13.12.1991.

Division 6 Contentious proceedings for grant or resealing

35 Application of Division

This Division applies to applications for a grant or for resealing where:
(a) there is a defendant, other than a defendant who may take part in the proceedings only to the extent permitted by Part 78 rule 34I (c), or
(b) a person is cited to see the proceedings.
rule 78.35: Ins 30.6.1972. Am 13.12.1991.

36 Commencement of proceedings

(1) Where there is a defendant the proceedings shall be commenced by statement of claim.
(2) Where there is no defendant the proceedings shall be commenced by summons.
rule 78.36: Ins 30.6.1972.

37 Admissions

Rule 17.7 of the Uniform Civil Procedure Rules 2005 (which relates to judgment or order on admissions) does not apply to proceedings to which this Division applies.
rule 78.37: Ins 30.6.1972. Am 2005 (407), Sch 1 [115].

37A Interest suits

cf RSC (Rev) 1965, O 76, r 9 (1) and (2).

(1) Where a defendant opposes a grant and the plaintiff disputes the standing of the defendant to do so, the plaintiff shall, in his statement of claim, allege the absence of standing.
(2) Where a party claims a grant of administration and another party alleges absence of title of the claimant to do so, the party alleging absence of title shall allege facts which, if proved, will show that he has title to claim the grant.
rule 78.37A: Ins 26.10.1979.

Division 7 Proceedings for revocation of grant

38 Deposit of grant

Where proceedings have been commenced for revocation of a grant the Court may on the application of the plaintiff, or of its own motion, order the executor or administrator to deposit the grant in the registry.
rules 78.38, 78.39: Ins 30.6.1972.

39 Order before commencement of proceedings

In an urgent case, the Court may, on the application of a person who intends to commence proceedings for revocation of a grant, order the executor or administrator to deposit the grant in the registry to the same extent as if the applicant had commenced the proceedings and the application were made in the proceedings.
rules 78.38, 78.39: Ins 30.6.1972.

40 Commencement of non-contentious proceedings

Proceedings for revocation of a grant shall, where there is no defendant, be commenced by summons.
rule 78.40: Ins 30.6.1972. Am 13.6.2003.

40A Search for orders under the Family Provision Act 1982

cf Act No 160, 1982; s 19 (3).

An application for revocation or rescission of a grant shall be supported by an affidavit of search in the registry of the Equity Division against the name of the deceased, showing whether or not any order for provision under the Family Provision Act 1982 has been made.
rule 78.40A: Ins 25.5.1984.

41 Hearing

(1) Where there is no defendant, proceedings may be heard:
(a) in the absence of the public, and
(b) without the appearance before the Court of any person.
(2) The proceedings shall be heard without an appointment being obtained for the hearing.
rules 78.41, 78.42: Ins 30.6.1972.

42 Minute of order

(1) A draft minute of the order sought shall be lodged with the registrar before any order is made on the summons.
(2) The order shall be entered.
(3) The order may be entered at any time after the minute of it is signed.
rules 78.41, 78.42: Ins 30.6.1972.

43 Commencement of contentious proceedings

Proceedings for revocation of a grant shall, where there is a defendant, be commenced by statement of claim which shall allege facts which, if proved, will show that the plaintiff has standing to claim revocation of the grant.
rule 78.43: Ins 30.6.1972. Am 26.10.1979.

Division 8 Contentious proceedings generally

44 Cross-claims

(1) A party in proceedings may cross-claim for a grant or for resealing notwithstanding that notice of the intended application has not been published in compliance with section 42 of the Probate Act.
(2) Where such notice of the intended application has not been published, the party shall, within 30 days of filing the cross-claim, cause notice of the intended application to be published in the manner and, with such variations as the circumstances require, in the form required by rule 10.
rules 78.44–78.52: Ins 30.6.1972.

45 Intervention

(1) An application to intervene in proceedings for a grant shall be by motion on notice in the proceedings for an order that the person applying be added as a party.
(2) Before filing the notice of motion the person applying shall enter an appearance in the proceedings.
rules 78.44–78.52: Ins 30.6.1972.

Division 9 Citations

46 Request for issue

(1) Application for issue of a citation shall be made by filing a request in the form prescribed.
(2) The person requesting issue of a citation shall:
(a) file an affidavit verifying the averments contained in the proposed citation, and
(b) lodge two copies of the proposed citation.
rules 78.44–78.52: Ins 30.6.1972.

47 Citation to be settled

A citation must be settled by the Court before it is issued.
rules 78.44–78.52: Ins 30.6.1972.

48 Seal

A citation shall be under seal.
rules 78.44–78.52: Ins 30.6.1972.

49 Registrar to file copy

Where a citation is issued the registrar shall file a copy of it.
rules 78.44–78.52: Ins 30.6.1972.

50 Citation to bring in abolished

(1) A citation to bring in a grant, will or other document shall not be issued.
(2) This rule does not limit the power of the Court to order a person to deposit in the registry a grant, will or other document.
rules 78.44–78.52: Ins 30.6.1972.

51 Citation to pray for administration

(1) A requirement under section 63 of the Probate Act of a person to pray for administration shall be by citation which may be in the form prescribed.
(2) An answer to a citation to pray for administration shall be in the form prescribed.
rules 78.44–78.52: Ins 30.6.1972.

52 Citation to take probate

(1) A requirement under section 69 of the Probate Act of an executor named in a will to take probate shall be by citation which may be in the form prescribed.
(2) An answer to a citation to take probate shall be in the form prescribed.
rules 78.44–78.52: Ins 30.6.1972.

53 Citation to see proceedings

(1) On the application of any party to proceedings to which Division 6 applies a citation may be issued against any person who is not a party to the proceedings but who has an adverse interest to the applicant notifying him that if he does not answer the citation by entering an appearance in the proceedings, the proceedings may be heard and determined in his absence.
(2) A citation to see proceedings may be in the form prescribed.
(3) Where a person cited to see proceedings has entered an appearance in the proceedings, he shall be entitled to such notice of the hearing or trial of the proceedings as if he were a defendant in the proceedings.
rule 78.53: Ins 30.6.1972. Am 25.8.1989.

54 Time for answer to a citation

(1) This rule applies to any citation other than a citation to see proceedings.
(2) In settling the citation the Court shall fix the time limited by the citation for answer to it.
(3) Subject to subrule (4) the time limited by the citation for answer to it shall be:
(a) in the case of service within the State—14 days,
(b) in the case of service outside the State—three months.
(4) The Court may, in settling the citation, fix shorter or longer periods, than the periods referred to in subrule (3).
(5) Where the applicant for issue of the citation wishes shorter or longer periods to be fixed, he shall include in his request for issue of the citation a statement of the period or periods which he requests be fixed and file an affidavit in support of that period or those periods being fixed.
rule 78.54: Ins 30.6.1972.

55 Service

(1) A citation shall be served personally upon the person cited.
(2) A citation may be served outside the State.
(3) Part 11 of the Uniform Civil Procedure Rules 2005 does not apply to service of a citation.
(4) Service of a citation on a disable person shall not be effected otherwise than in accordance with subrules (5) to (8).
(5) Where the person to be served is a minor, the citation may be served:
(a)  if he is aged 16 years or upwards, on him,
(b)  on a parent of his or a guardian of his person or of his estate, or
(c)  if he has no parent and has no guardian of his person or of his estate, on a person with whom he resides or in whose care he is.
(6) Where the person to be served is a incompetent person, the citation may be served:
(a)  if he has a curator, upon the curator, or
(b)  if he has no curator, on a person with whom he resides or in whose care he is.
(7) The citation may be served on any person (including the disable person) who the Court may, before or after the service, approve.
(8) A citation served pursuant to any of subrules (5) to (7) must be served in the manner required by the rules with respect to personal service of a document.
rule 78.55: Ins 30.6.1972. Am 13.12.1991; 2005 (407), Sch 1 [116].

56 Appearance by person cited to see proceedings

(1) Division 3 of Part 6 of the Uniform Civil Procedure Rules 2005 (which relates to appearance) applies to appearance by a person cited to see proceedings as if the person cited were a defendant in the proceedings.
(2) Rule 12.11 of the Uniform Civil Procedure Rules 2005 does not apply to proceedings to which this Division applies.
rule 78.56: Ins 30.6.1972. Am 23.12.1988; 2005 (407), Sch 1 [117] [118].

57 Election to be a defendant

(1) A person cited to see proceedings may, except where he has lodged a caveat requiring proof in solemn form of a will to which the proceedings relate, include in his notice of appearance a statement that he elects to be a defendant in the proceedings.
(2) Where the person cited elects under subrule (1) to be a defendant in the proceedings he shall thereupon become a defendant in the proceedings and the proceedings shall continue as if he were joined as a defendant by the originating process and he were served with the originating process on the day on which he was served with the citation to see the proceedings.
(3) Where the person cited has lodged a caveat requiring proof in solemn form of a will to which the proceedings relate he may, after entering an appearance in the proceedings, apply for an order adding him as a party in the proceedings.
rule 78.57: Ins 30.6.1972.

58 Disable persons

(1) This rule applies where a citation is served upon a disable person.
(2) Service of the citation shall not take effect before the appointment of a tutor for the disable person.
(3) The disable person may answer the citation by his tutor but not otherwise.
(4) Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 does not apply to appointment of a tutor for the disable person.
(5) Application for the appointment of a tutor for the disable person shall be by summons.
(6) There shall be no defendant in the proceedings for appointment of the tutor.
(7) The proceedings for appointment of the tutor shall be heard without an appointment being obtained for the hearing.
(8) The proceedings for appointment of the tutor may be heard:
(a)  in the absence of the public, and
(b)  without the appearance before the Court of any person.
(9) A draft minute of the order sought shall be lodged with the registrar before any order is made on the summons.
(10) The order shall be entered.
(11) The order may be entered at any time after the minute of it is signed.
(12) Where an incompetent person has a curator who has or may be given authority, under the Protected Estates Act 1983, to answer the citation on behalf of the incompetent person, no person other than the curator shall, unless the Court otherwise orders, act as tutor.
(12A)   (Repealed)
(13) A tutor shall not be appointed unless:
(a)  he is the person applying for appointment, or
(b)  evidence of his consent to act as tutor is furnished.
(14) Where a citation to see proceedings has been served upon a disable person and a tutor of the disable person is appointed to answer the citation, the appointment shall extend to the tutor electing on behalf of the disable person to become a defendant in the proceedings in which the citation was served and defending those proceedings (including cross-claiming in them).
rule 78.58: Ins 30.6.1972. Am 28.6.1974; 29.6.1984; 22.5.1998; 2005 (407), Sch 1 [119].

59 Application of Part 63 where disable person cited elects to become a defendant

Where a disable person elects by his tutor to become a defendant in the proceedings in which the citation was served, Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 applies as if his tutor had been appointed as provided by that Part.
rule 78.59, headnote: Am 25.8.1989.
rule 78.59: Ins 30.6.1972. Am 2005 (407), Sch 1 [120].

60 Proof of service of citation to see

A party at whose request a citation to see proceedings has been issued shall not, without the leave of the Court, be entitled to be heard at the hearing or trial of the proceedings unless:
(a)  the person cited has entered an appearance in the proceedings, or
(b)  where the person cited has not entered an appearance in the proceedings, the party at whose request the citation has been issued has filed:
(i)  an affidavit of service of the citation on the party cited, or
(ii)  an affidavit stating that the citation has not been served on the party cited and explaining why it has not been served.
rule 78.60: Ins 30.6.1972. Subst 13.12.1991.

Division 10 Caveats

61 Caveat in respect of grant

(1) A person claiming to have an interest in an estate may lodge in the registry a caveat in the form prescribed in respect of any grant or reseal being made in the estate.
(2) The caveat shall state fully the nature of the interest claimed by the caveator and an address for service.
(3) Where a person, to the knowledge of the caveator, is making or is intending to make application for a grant or resealing in the estate, the caveator shall, within 7 days of the lodging of the caveat, serve a copy of the caveat on him.
rules 78.61, 78.62: Ins 30.6.1972.

62 Caveat for solemn form

(1) A person having an interest in an estate may lodge in the registry a caveat in the form prescribed requiring proof in solemn form of any will.
(2) The caveat shall state fully the nature of the interest of the caveator and an address for service.
(3) Where a person, to the knowledge of the caveator, is making or intending to make application for a grant or reseal in the estate, the caveator shall, within 7 days of the lodging of the caveat, serve a copy of the caveat on him.
rules 78.61, 78.62: Ins 30.6.1972.

62A Caveat in respect of informal testamentary document

(1) A person, who claims to be an affected person in relation to an estate and who is not a defendant to proceedings for a grant in relation to the estate, may:
(a)  prior to service on that person of a notice under rule 34E in relation to that estate, or
(b)  by leave of the Court, at any time before grant,
lodge in the registry a caveat in the form prescribed in respect of any grant being made in the estate unless the caveator is given an opportunity to be heard on the question of whether the Court should be satisfied under section 18A of the former Wills Act or section 8 of the Succession Act (as applicable) in respect of a document made by the deceased.
(2) The caveat shall state fully the nature of the interest claimed by the caveator and an address for service.
(3) Where a person, to the knowledge of the caveator, is making or is intending to make application for a grant in the estate, the caveator shall, within 7 days of the lodging of the caveat, serve a copy of the caveat on the person.
(4) A caveat lodged under subrule (1) shall cease to have effect:
(a)  where the caveator is served with a notice under rule 34E (3) in respect of the estate to which the caveat relates—upon the expiration of the time limited for filing an appearance, or
(b)  where the caveator is made a defendant in the proceedings for a grant in respect of the estate to which the caveat relates—when the caveator is made a defendant,
whichever first occurs.
rule 78.62A: Ins 13.12.1991. Am 2008 (62), Sch 1 [26].

63 Duration

(1) A caveat shall take effect as of the date of lodgment and shall, unless the Court otherwise orders, remain in force for 6 months.
(2) The Court may extend the period of duration of a caveat.
rule 78.63: Ins 30.6.1972.

64 Withdrawal of caveat—no proceedings for grant or resealing or caveator sole applicant for grant or resealing

(1) This rule applies to a caveat if:
(a) there are no proceedings for a grant or resealing in the estate, or
(b) the caveator is the sole applicant in proceedings for a grant or resealing in the estate.
(2) A caveator may withdraw a caveat to which this rule applies by filing a notice in Form 115.
(3) The withdrawal of a caveat under this rule has effect on the date on which the notice referred to in subrule (2) is filed.
rule 78.64: Ins 30.6.1972. Subst 26.11.2004.

65 Leave to withdraw caveat—proceedings for grant

(1) Subject to rule 64, this rule applies to an application for leave to withdraw a caveat where there are proceedings for a grant or resealing in the estate.
(2) Where the caveator has not entered an appearance in the proceedings for grant or resealing, he shall do so.
(3) The application for leave to withdraw the caveat shall be made by motion on notice in the proceedings.
(4) A draft minute of the order sought must be lodged with the registrar before any order is made on the motion.
(5) The order must be entered.
(6) The order may be entered at any time after the minute of it is signed.
rule 78.65: Ins 30.6.1972. Am 26.11.2004.

66 Withdrawal

If leave is granted to withdraw a caveat, the caveat is taken to be withdrawn on the granting of that leave.
rule 78.66: Ins 30.6.1972. Subst 26.11.2004.

67 Recoupment of costs

Where a caveat is withdrawn, and the person on whose application a grant or resealing is made is unable to recover from the caveator costs which the caveator has been ordered to pay to him, that person shall be entitled to be recouped by the estate the amount of the costs properly incurred by him in addition to other costs to which he is entitled out of the estate.
rules 78.67, 78.68: Ins 30.6.1972.

68 Citation of caveator to see proceedings

Where there is in force a caveat requiring proof of a will in solemn form the caveator shall, in proceedings for a grant or for resealing in which the plaintiff seeks to prove a will to which the caveat relates, be cited to see the proceedings.
rules 78.67, 78.68: Ins 30.6.1972.

69 Order that caveats cease to be in force

(1) Where a person has applied or intends to apply for:
(a)  a grant and there is in force a caveat, or more than one caveat, in respect of any grant being made in the estate, or
(b)  a reseal and there is in force a caveat, or more than one caveat, in respect of a reseal being made in the estate,
that person may apply for an order that the caveat, or each of the caveats, cease to be in force in respect of the application or the intended application.
(2) The application shall be made:
(a)  where the person has commenced proceedings for a grant or resealing—by motion in the proceedings, or
(b)  otherwise—by summons.
(3) The caveator, or each of the caveators, shall be a defendant in the proceedings.
(4) Where in respect of the caveat, or any of the caveats, the Court considers that the evidence does not show:
(a)  that the caveator has an interest in the estate or has a reasonable prospect of establishing such an interest, and
(b)  some matter occasioning doubt as to whether the grant ought to be made,
the Court may order that that caveat cease to be in force in respect of the intended application.
(5) Part 13 of the Uniform Civil Procedure Rules 2005 (which relates to summary disposal) does not apply to the proceedings.
(6) Where the Court does not, pursuant to subrule (4) order that the caveat, or each of the caveats, cease to be in force in respect of the intended application, the Court may give such directions as appear best adapted for the just, quick and cheap determination of what grant or resealing, if any, should be made in the estate and of related matters.
(7) Directions which the Court may give pursuant to subrule (6) include a direction to a caveator to commence proceedings.
(8) Where the Court, pursuant to subrules (6) and (7) directs a caveator to commence proceedings, it may order that if the caveator does not commence the proceedings within such time as the Court fixes, the caveat shall cease to be in force in respect of the intended application referred to in subrule (1) or generally.
(9) An order under subrule (8) may be made at the time the caveator is directed to commence proceedings or at any subsequent time.
rule 78.69: Ins 30.6.1972. Am 13.12.1991; 22.5.1992; 2005 (407), Sch 1 [121].

70 Proceedings by statement of claim

(1) Where there is in force a caveat under rule 61 (1) in respect of any grant or resealing being made in an estate, proceedings for a grant or for resealing in the estate shall be commenced by statement of claim.
(2) Unless the Court otherwise directs, the caveator shall be a party in the proceedings.
rule 78.70: Ins 30.6.1972. Am 13.12.1991.

Division 11 Accounts and commission

71 Time for filing etc accounts

(1) An executor or administrator of the estate of a person who died before 31 December 1981 shall file his accounts within 12 months after grant or resealing.
(2) Any person who is required to comply with section 85 (1AA) of the Probate Act (which section relates to certain executors or administrators of the estates of persons who die on or after 31 December 1981) shall verify and file or verify, file and pass his accounts within 12 months after grant or resealing.
rule 78.71: Ins 30.6.1972. Subst 24.12.1981.

72 Service of notice or order under s 87

A notice or order under section 87 of the Probate Act may be served by sending it by pre-paid post to the executor, administrator or trustee at his address for service stated in the originating process for the grant or resealing.
rules 78.72, 78.73: Ins 30.6.1972.

73 Extension of time

(1) An executor or administrator may, in the proceedings for the grant or the resealing, move for any order extending the period referred to in rule 71, including an order extending the period until the further order of the Court, without the prior filing or service of notice of the motion.
(2) Where an order has been made under section 87 of the Probate Act requiring an executor, administrator or trustee to show cause, any application for an order extending the period referred to in rule 71 shall be made on the day appointed for showing cause.
(3) Except where subrule (2) applies, a draft minute of the order sought shall be lodged with the registrar before any order is made on the motion.
(4) An order extending the period referred to in rule 71 must be entered.
(5) The order may be entered at any time after the minute of it is signed.
rules 78.72, 78.73: Ins 30.6.1972.

74 Order to file etc accounts

Proceedings for an order that an executor, administrator or trustee of the estate of a deceased person:
(a)  file an inventory,
(b)  verify and file an inventory,
(c)  file accounts,
(d)  verify and file accounts,
(e)  file and pass accounts,
(f)  verify, file and pass accounts, or
(g)  pass accounts filed,
shall be commenced by summons.
rule 78.74: Ins 30.6.1972. Subst 24.12.1981.

75 Commencement of proceedings for passing accounts or for commission

Proceedings by an executor, administrator or trustee for:
(a) an order passing accounts, or
(b) an order passing accounts and for commission,
shall be commenced by summons.
rule 78.75: Ins 30.6.1972. Am 19.8.1994. Subst 22.11.1996.

75A Excessive commission

Proceedings for an order under section 86A of the Probate Act (which subsection relates to excessive commission, etc) shall be commenced by summons.
rule 78.75A: Ins 24.12.1981.

76 Notice to be published

(1) At least 14 days before filing the summons under rule 75, the plaintiff shall cause to be published a notice in the form prescribed of:
(a)  the filing of the accounts, and
(b)  the order or orders claimed in the proceedings.
(2) The notice shall be published:
(a)  if the deceased was resident at the date of his or her death in the State—in a newspaper circulating in the district where the deceased resided, or
(b)  otherwise—in a Sydney daily newspaper.
(3) The plaintiff shall file an affidavit of compliance with this rule.
rule 78.76: Ins 30.6.1972. Am 1.10.1976; 19.8.1994; 22.11.1996.

77 Sureties

(1) At least 14 days before filing the summons under rule 75 the plaintiff shall serve upon any surety to any administration bond in the estate a copy of the notice referred to in subrule (1) of rule 76.
(2) The plaintiff shall file an affidavit of compliance with subrule (1).
(3) Instead of or in addition to complying with subrules (1) and (2) in respect of any surety, the plaintiff may file the consent in the form prescribed of that surety to an order passing the accounts and an affidavit in the form prescribed verifying the consent.
rule 78.77: Ins 30.6.1972. Am 22.11.1996.

77A Objection prior to proceedings

(1) Any person (the objector) may, prior to the filing of a summons under rule 75, by filing a notice in the form prescribed give notice of his or her intention to object to the passing of accounts or the allowance of commission.
(2) The address for service shown in the notice shall be the objector’s address for service in any proceedings to which the notice relates.
(3) The registrar shall serve the notice on any person who is or becomes an applicant for or has obtained a grant or resealing in respect of the deceased to whom the notice relates.
(4) As soon as practicable after commencing proceedings under rule 75, the plaintiff shall serve the summons on the objector.
rule 78.77A: Ins 22.11.1996.

78 Inspection and appearance

(1) Where proceedings have been commenced for:
(a)  an order passing accounts, or
(b)  an order passing accounts and for commission,
and the hearing of the proceedings has not been completed:
(c)  any person may, unless the registrar otherwise directs, inspect the accounts without the leave of the Court, and
(d)  any person who seeks to object to the passing of the accounts or the allowance of commission shall, at any time before completion of the hearing, enter an appearance in the proceedings.
(2) A person entering an appearance under subrule (1) shall be a defendant in the proceedings.
rule 78.78: Ins 30.6.1972. Subst 19.8.1994. Am 22.11.1996.

79 Vouching

Unless the Court otherwise directs, the accounts shall be vouched:
(a)  in the absence of the public,
(b)  without the appearance before the Court of any person, and
(c)  without an appointment being obtained for the vouching.
rules 78.79, 78.80: Ins 30.6.1972. Subst 19.8.1994; 22.11.1996.

80 Court may require further evidence, documents and notices

On an application under rule 75, the Court may require further evidence to be furnished, further documents to be filed, and notices to be given.
rules 78.79, 78.80: Ins 30.6.1972. Subst 19.8.1994; 22.11.1996.

81 Certificate

(1) Upon the conclusion of the vouching the registrar shall inform the plaintiff of matters necessary for preparation by the plaintiff of a draft minute of a certificate by the registrar of the vouching of the accounts.
(2) The certificate vouching the accounts shall certify as to:
(a)  the correctness of the accounts,
(b)  the balance of the accounts, and
(c)  such other information as the registrar may direct.
(3) Where the plaintiff seeks commission, the certificate shall in addition certify as to:
(a)  the amount of capital realised,
(b)  the amount of income collected,
(c)  the value of any assets transferred to beneficiaries, and
(d)  where a business was carried on—the gross receipts and net profit earned or loss incurred,
during the period of the accounts.
(4) The plaintiff shall lodge the draft minute with the registrar.
(5) The registrar shall sign a correct minute of his or her certificate.
(6) The registrar may of his or her own motion set aside or vary the certificate.
rule 78.81: Ins 30.6.1972. Subst 19.8.1994.

82 (Repealed)

rule 78.82: Ins 30.6.1972. Rep 19.8.1994.

83 Order passing accounts

(1) This rule applies where:
(a)  there is no defendant in the proceedings,
(b)  the plaintiff does not seek commission, and
(c)  the registrar has signed a certificate under rule 81.
(2) The plaintiff shall file a draft minute of order passing the accounts.
(3) The Court may make the order passing the accounts without the appearance before it of any person.
rule 78.83: Ins 30.6.1972. Subst 19.8.1994; 22.11.1996.

84 (Repealed)

rule 78.84: Ins 30.6.1972. Rep 19.8.1994.

85 Commission

(1) Where the plaintiff seeks commission he or she shall file with the draft minute of certificate referred to in rule 81:
(a) an affidavit in support of the application, and
(b) where the accounts were not filed within the time fixed by the rules or any order of the Court—an affidavit explaining the delay.
(2) Upon signing a correct minute of his or her certificate pursuant to rule 81, the registrar may give an appointment for hearing of the application.
rule 78.85: Ins 30.6.1972. Subst 19.8.1994.

86 Renunciation

(1) Where the plaintiff files a renunciation of commission, the accounts shall be allowed in accordance with the indemnity under section 86 of the Probate Act.
(2) The renunciation shall be filed not later than a reasonable time before the hearing of the proceedings.
rules 78.86, 78.87: Ins 30.6.1972.

87 Notice

The Court may order the plaintiff to give notice of the proceedings to any person.
rules 78.86, 78.87: Ins 30.6.1972.

88 (Repealed)

rule 78.88: Ins 30.6.1972. Subst 23.9.1988. Rep 13.12.1991.

Division 12 Acknowledgments

89 Form of acknowledgment

An acknowledgment for the purposes set out in section 83 of the Probate Act shall be in the form prescribed.
rules 78.89, 78.90: Ins 30.6.1972.

Division 13 Delegation

90 Forms

(1) Notice of appointment of the Public Trustee or a trustee company by an executor or administrator pursuant to the provisions of section 75A of the Probate Act shall be in the form prescribed.
(2) A deed of appointment of the Public Trustee or a trustee company by an executor or administrator pursuant to the provisions of section 75A of the Probate Act shall be in the form prescribed.
(3) Notice of objection to the appointment of the Public Trustee or a trustee company pursuant to the provisions of section 75A of the Probate Act shall be in the form prescribed.
rules 78.89, 78.90: Ins 30.6.1972.

Division 14 Distribution of assets

pt 78, div 14: Ins 13.12.1991.

91 Notice of intended distribution

cf Practice Note, 60 WN (NSW) 123.

(1) A notice under section 92 of the Probate Act shall be published:
(a) if the deceased was resident at the date of his death in the State—in a newspaper circulating in the district where the deceased resided, or
(b) otherwise—in a Sydney daily newspaper.
(2) The notice may be in or to the effect of Form 121 of Schedule F.
rule 78.91: Ins 4.5.1973. Subst 13.12.1991.

Part 79 Court of Disputed Returns

Division 1 General

1 Application of Part

This Part applies to proceedings in the Court in the exercise of its jurisdiction as the Court of Disputed Returns.
rules 79.1, 79.2: Ins 27.5.1977.

2 Interpretation

In this Part, unless the subject matter otherwise indicates or requires:
Electoral District means the Electoral District for which the election was held, and
subject Act means the Parliamentary Electorates and Elections Act 1912.
rules 79.1, 79.2: Ins 27.5.1977.

3 (Repealed)

rule 79.3: Ins 27.5.1977. Rep 2005 (407), Sch 1 [122].

4 Application of rules

cf High Court Rules, O 68, r 2.

The rules, other than this Part, so far as applicable and not inconsistent with the subject Act and this Part, apply to proceedings to which this Part applies.
rules 79.4–79.19: Ins 27.5.1977.

5 Appointment of solicitor

cf Pt 66, r 5.

Where, after consent or leave is given to a party pursuant to section 171 of the subject Act to be represented by a solicitor and the party appoints a solicitor to act for him in the proceedings, the party shall file notice of the appointment and serve the notice on all other parties.
rules 79.4–79.19: Ins 27.5.1977.

Division 2 Disputed elections and returns

6 Application of Division

This Division applies to proceedings under Division 1 of Part 6 of the subject Act.
rules 79.4–79.19: Ins 27.5.1977.

7 Interpretation

For the purposes of rule 4, unless the context or subject matter otherwise indicates or requires:
plaintiff means petitioner, and
defendant means respondent.
rules 79.4–79.19: Ins 27.5.1977.

8 Commencement of proceedings

Proceedings in the Court shall be commenced by petition in the prescribed form, joining as respondent every person the validity of whose election or return is disputed.
rules 79.4–79.19: Ins 27.5.1977.

9 Publication

cf HCR, O 68, r 3.

The petitioner shall, forthwith after filing the petition:
(a) publish it in the Gazette, and
(b) publish a notice in the prescribed form in a newspaper circulating in the Electoral District.
rules 79.4–79.19: Ins 27.5.1977.

10 Service of petition

(1) The petitioner shall:
(a) at the request of the Electoral Commissioner, serve the petition on the Electoral Commissioner personally,
(b) within seven days after filing the petition, serve the petition on each respondent, other than the Electoral Commissioner, personally.
cf HCR, O 68, r 4.
(2) The request of the Electoral Commissioner under subrule (1) may be added to his notice of appearance.
rules 79.4–79.19: Ins 27.5.1977.

11 Death of party

(1) Where a sole petitioner dies before the trial, his solicitor or, if he had no solicitor, the respondent on learning of his death, shall file notice of the death.
cf HCR, O 68, r 12.
(2) Where a respondent (other than the Electoral Commissioner) dies before the trial, his solicitor or, if he had no solicitor, the petitioner on learning of his death, shall file notice of the death.
cf Representation of the People Act, 1949 (Eng), s 134 (1) and Election Petition Rules, 1960 (Eng), r 16.
(3) The Prothonotary shall publish notice of the death in a newspaper circulating in the Electoral District.
(4) The notice shall add a statement to the effect that any person who might have been a petitioner may, not later than 28 days after the publication of the notice, apply by motion to the Court at such time and place as the Court may appoint, to be substituted as a petitioner or as a respondent as the case may require.
rules 79.4–79.19: Ins 27.5.1977.

12 Respondent not opposing petition

(1) Where, before the trial of a petition, a respondent (other than the Electoral Commissioner) files a notice that he does not intend to oppose a petition, he shall serve the notice on the petitioner and publish the notice in a newspaper circulating in the Electoral District.
cf Representation of the People Act, 1949 (Eng), s 134 (1), and Election Petition Rules, 1960 (Eng), rr 15, 16.
(2) A notice under subrule (1) shall add a statement to the effect that any person who might have been a petitioner may, not later than 28 days after the publication of the notice, apply by motion to the Court at such time and place as the Court may appoint to be substituted as a respondent.
(3) A respondent who has filed a notice under subrule (1) shall not be allowed to appear or act as a party against the petition.
(4) Where a respondent files a notice under subrule (1), the Prothonotary shall report that fact to the Clerk of the Legislative Assembly.
rules 79.4–79.19: Ins 27.5.1977.

13 Substitution of petitioner or respondent

(1) The Court may, on application by a person who might have been a petitioner, order that that person be substituted as a petitioner or as a respondent, as the case may require, and may make further orders for the conduct of the proceedings which may include orders relating to:
(a)  service of the order and other documents in the proceedings,
(b)  amendment, and
(c)  the sum required under section 158 of the subject Act as security for costs.
cf HCR, O 68, r 11 and Representation of the People Act, 1949 (Eng), ss 127 (1), 134 (1).
(2) Where the Court orders that a party be substituted for another party or a former party, all things done in the proceedings before the making of the order shall, unless the Court otherwise orders, have effect in relation to the new party as those things had effect in relation to the old, but entry of appearance by the old party shall not dispense with entry of appearance by the new.
cf Part 8, r 11 (2).
rules 79.4–79.19: Ins 27.5.1977.

14 Electoral Commissioner

The Electoral Commissioner may apply to the Court under section 160 of the subject Act (which section relates to leave to enter an appearance) by motion in the proceedings.
rules 79.4–79.19: Ins 27.5.1977.

15 Time limited for entry of appearance

cf Pt 7, r 5.

The time limited for entry of an appearance is:
(a)  in the case of the Electoral Commissioner, subject to any order of the Court—14 days after leave is granted to him to enter an appearance,
(b)  in the case of a respondent (other than the Electoral Commissioner)—14 days after service of the petition upon him,
(c)  in the case of any other person who might have been a petitioner—14 days after the publication of the petition in the Gazette.
rules 79.4–79.19: Ins 27.5.1977.

16 No step without appearance

cf Pt 11, r 22.

A person, other than a petitioner or the Electoral Commissioner, shall not, except by leave of the Court, take any step in any proceedings unless, before taking the step, he has filed a petition under the subject Act or has entered an appearance in the proceedings.
rules 79.4–79.19: Ins 27.5.1977.

17 Particulars

cf HCR, O 68, r 9.

The Court may order any party to file and serve on any other party particulars or further and better particulars of any matter alleged by him.
rules 79.4–79.19: Ins 27.5.1977.

18 Motions

cf Pt 19, r 1.

An interlocutory or other application, in or for the purposes of or in relation to the proceedings, shall be made by motion under the rules.
rules 79.4–79.19: Ins 27.5.1977.

19 Discontinuance

cf Representation of the People Act, 1949 (Eng), s 128.

(1) Proceedings may not be discontinued without the leave of the Court.
cf HCR, O 68, r 11.
(2) Where there are two or more petitioners, an application for leave under subrule (1) may not be made, except with the consent of all the petitioners.
cf Pt 21, rr 1, 4.
(3) The Court may give leave under subrule (1) on terms.
(4) An application under subrule (1) should be made by motion at such time and place as the Court appoints.
(5) The notice of motion for leave under subrule (1) shall state the grounds on which the application is made and add a statement to the effect that, on the hearing of the motion, any person who might have been a petitioner in respect of the election may apply to the Court to be substituted as a petitioner.
(6) Not less than 14 days before the day appointed under subrule (4), the petitioner shall publish the notice of motion in a newspaper circulating in the Electoral District.
(7) Evidence on an application for leave under subrule (1) shall include evidence denying, subject to any specified exceptions:
(a) that any agreement or terms of any kind whatsoever has or have been made, and
(b) that any undertaking has been entered into,
in relation to the discontinuance in respect of which leave is sought.
rules 79.4–79.19: Ins 27.5.1977.

20 Lists of objections to votes

(1) This rule applies where the petition (not being a petition merely claiming a fresh count of the votes counted at the election) claims the seat for a person not returned, alleging that that person had a majority of valid votes.
cf HCR, O 68, r 7.
(2) Each party shall, not later than 14 days before the day appointed for the trial, serve on the opposite party a list of the votes or class of votes which he contends were improperly admitted or improperly rejected, stating, in respect of each, the grounds of the contention.
cf Election Petition Rules, 1960 (Eng), r 10 (1).
(3) A contention under subrule (2) by a party shall not be entertained upon a ground not specified in his list, except with the leave of the Court.
(4) The Court may give leave under subrule (3) on terms.
rules 79.20, 79.21: Ins 27.5.1977. Am 26.9.1986.

21 Respondent’s contention of undue election

cf HCR, O 68, r 8.

Where a petition claims a seat for a person not returned and a respondent wishes to contend, upon a ground not mentioned in rule 20 (2), that that person was not duly elected, he shall, not later than 14 days before the day appointed for the trial, serve on the petitioner a statement of the facts upon which he intends to rely and the grounds of the contention.
rules 79.20, 79.21: Ins 27.5.1977. Am 26.9.1986.

22 Trial

(1) The trial shall be held at a time and place to be appointed by the Court at the request of a party.
cf HCR, O 68, r 10 (2).
(2) Not less than 14 days’ notice of the time and place appointed shall:
(a) be given by the party obtaining the order to the other parties, and
(b) be published by the party obtaining the order in a newspaper circulating in the Electoral District.
(3) The time and place of trial may be varied from time to time by the Court.
(4) This rule does not affect the powers of the Court as to adjournment.
rule 79.22: Ins 27.5.1977.

23 Evidence generally

Division 1 of Part 31 of the Uniform Civil Procedure Rules 2005 (which relates to evidence generally) applies on the trial of a petition as it applies on a trial in proceedings commenced by statement of claim.
rule 79.23: Ins 27.5.1977. Am 2005 (407), Sch 1 [123].

Division 3 Qualifications and vacancies

24 Application

This Division applies to proceedings on a reference under Division 2 of Part 6 of the subject Act.
rules 79.24, 79.25: Ins 27.5.1977.

25 Interpretation

In this Division, unless the context or subject matter otherwise indicates or requires, subject statement means a statement mentioned in section 175C of the subject Act.
rules 79.24, 79.25: Ins 27.5.1977.

26 (Repealed)

rule 79.26: Ins 27.5.1977. Rep 2005 (407), Sch 1 [124].

27 Transmitting of documents

(1) The subject statement is transmitted to the Court under section 175C of the subject Act by filing it in the registry.
(2) Proceedings, papers, reports or documents are transmitted under section 175C of the subject Act by lodging them in the registry.
rules 79.27–79.31: Ins 27.5.1977.

28 Referring of question

A question is referred under Division 2 of Part 6 of the subject Act when the Speaker files with the subject statement a summons claiming the determination of the question stated for determination in the subject statement.
rules 79.27–79.31: Ins 27.5.1977.

29 Parties

The summons shall join the Speaker as plaintiff and, where the matter of the subject statement concerns an election or return or the qualification of a member of the Legislative Assembly, the person whose election or return is disputed or the member, as the case may be, as defendant.
rules 79.27–79.31: Ins 27.5.1977.

30 Service

The Prothonotary shall serve the subject statement with the summons.
rules 79.27–79.31: Ins 27.5.1977.

31 Publication

cf Court of Disputed Returns Rules, r (7).

The Prothonotary shall, forthwith after the summons and subject statement are filed:
(a) publish them in the Gazette, and
(b) where the matter of the subject statement concerns an election or return, publish a notice in the prescribed form in a newspaper circulating in the Electoral District.
rules 79.27–79.31: Ins 27.5.1977.

Part 80 Companies (New South Wales) Code and Corporations Law

pt 80: Ins 30.6.1982.

pt 80, Heading: Am 21.12.1990.

Schedule 1: Ins 30.6.1982 (see erratum 9.7.1982).

Division 1 Preliminary

1 Interpretation

cf Companies Rules, 1968, r 4.

In this Part, unless the contrary intention appears:
corporation has the same meaning as it has in section 5 (1) of the Code.
Companies Regulations means the Companies (New South Wales) Regulations.
liquidator includes a provisional liquidator.
officer in relation to a corporation, has the same meaning as it has in section 5 (1) of the Code.
prescribed newspaper means:
(i)  where the proceedings relate to a corporation the prescribed office of which is, or, where the corporation does not have a prescribed office, the principal place of business of which is, or the last known principal place of business of which was, situated within 50 kilometres of the General Post Office, Sydney—a daily newspaper circulating generally in Sydney,
(ii)  where the proceedings relate to any other corporation—a newspaper circulating generally in the district in which the prescribed office of the corporation is situated or, where the corporation does not have a prescribed office, in which the principal place of business of which is, or the last known principal place of business of which was, situated.
prescribed office means:
(a)  where the corporation is a company—its registered office for the purposes of section 528 (1) of the Code,
(b)  where the corporation is a recognised company or a recognised foreign company—its principal office for the purposes of section 529 (1) of the Code,
(c)  where the corporation is a registered foreign company—its registered office for the purposes of section 530 (1) of the Code.
the Code means the Companies (New South Wales) Code.
the Company means the company in respect of which any proceedings are taken in the Court under the Code.

1A Corporations Law

Subject to any order of the Court and subject to Part 80A rule 2 and the Supreme Court (Corporations) Rules 1999, this Part applies, making such changes as it is necessary to make, to proceedings under the Corporations Law as it applies to proceedings under the Companies (New South Wales) Code.
rule 80.1A: Ins 21.12.1990. Am 10.12.1993; 24.12.1999; 19.12.2003.

1B Corporations Law: affidavit (s 459E (3))

An affidavit referred to in Section 459E (3) of the Corporations Law must:
(a)  be made:
(i)  by the person serving the demand,
(ii)  where the demand is served by more than one person—by one of those persons,
(iii)  where the, or a, person serving the demand is a corporation—by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or
(iv)  where the person serving the demand is the Crown—by an officer of the Crown having knowledge of the facts so far as they are known to the Crown,
(b)  set out the facts entitling the deponent under paragraph (a) to make the affidavit,
(c)  state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,
(d)  state that the deponent believes those matters to be true, and
(e)  state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
rules 80.1B, 80.1C: Ins 21.5.1993.

1C Corporations Law: affidavit (s 459Q (c))

An affidavit referred to in Section 459Q (c) of the Corporations Law must:
(a)  be made:
(i)  by the plaintiff,
(ii)  where there is more than one plaintiff—by one of them,
(iii)  where the, or a, plaintiff is a corporation by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation, or
(iv)  where the plaintiff is the Crown—by an officer for the Crown having knowledge of the facts so far as they are known to the Crown,
(b)  set out the facts entitling the deponent under paragraph (a) to make the affidavit,
(c)  state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,
(d)  state that the deponent believes those matters to be true, and
(e)  state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
rules 80.1B, 80.1C: Ins 21.5.1993.

1D Corporations Law: affidavit (s 596C)

(1) An affidavit referred to in section 596C of the Corporations Law must set out:
(a)  the facts relied on to establish that the applicant is an eligible applicant for the purposes of section 596B,
(b)  the facts relied on to establish the matters referred to in section 596B (1) (b), and
(c)  if production of books is to be required—the deponent’s belief that the books, the production of which is sought, are reasonably required for the purposes of the examination, and the grounds for that belief.
(2) A summons under section 596A or 596B of the Corporations Law shall be in Form 154A.
rule 80.1D: Ins 2.7.1993.

Division 2 Proceedings under the Code generally

2 Commencement of proceedings

(1) Proceedings in the Court on an application for relief under the Code shall be commenced by summons.
cf CR 1968, r 23.
(2) Nothing in subrule (1) prevents an application for relief under the Code being made by motion in existing proceedings.
rule 80.2: Ins 30.6.1982. Am 25.6.1993; 13.6.2003; 2005 (407), Sch 1 [125].

3 Additions above title

cf CR 1968, r 7.

A summons in proceedings for relief under the Code shall bear, above the title, a reference to the name of the corporation to which the proceedings relate together with “and the Companies Code”.
rules 80.3, 80.4: Ins 30.6.1982.

4 Directing notice of any application etc

cf CR 1968, r 22 (a).

(1) The Court may, at any stage of proceedings under the Code, direct that notice of anything be given to any person or that any document be served on any person and give such further directions with respect to those matters or documents as it thinks fit.
(2) This rule does not limit any other powers of the Court.
rules 80.3, 80.4: Ins 30.6.1982.

5 Leave to creditor etc to be heard etc

(1) In any proceedings under the Code, the Court may, on terms, grant to any person who is, or claims to be, a creditor, contributory or officer of the company or an officer of a creditor or contributory of the company, leave to be heard in the proceedings without becoming a party, and may at any time revoke leave so granted.
(2) In any proceedings under the Code, the Court may, on terms, order that any person who is or claims to be a creditor, contributory or officer of the company be added as a defendant, and make orders for the further conduct of the proceedings.
(3) Leave may be granted to a person under subrule (1) and an order may be made adding a person under subrule (2) on application by the person or by any party or of the Court’s own motion.
(4) (Repealed)
rule 80.5: Ins 30.6.1982. Am 2005 (407), Sch 1 [126].

6 (Repealed)

rule 80.6: Ins 30.6.1982. Subst 30.3.1990. Rep 2005 (407), Sch 1 [127].

7 Inquiry as to creditors

cf CR 1968, r 14, 22 (c).

(1) The Court may direct an inquiry as to any debts, claims or liabilities or class thereof of or affecting any corporation to which any proceedings under the Code relate.
(2) Where the Court directs an inquiry under subrule (1), rule 10 applies, with the necessary modifications, as it applies where the Court directs that a list of creditors be settled.
rule 80.7: Ins 30.6.1982.

8 Registrar furnishing copy of summons etc

cf CR 1968, r 17 (5).

The registrar shall, upon payment of the fee (if any) fixed under the Act, furnish to any person claiming to be a contributory, creditor or officer of the Company, an office copy of the summons and affidavits which are in the custody of the registrar and are filed by by the plaintiff in support of an application for the winding up of the Company.
rule 80.8: Ins 30.6.1982. Am 14.2.1986; 20.2.1987.

Division 2A Part II of the Code

pt 80, div 2A: Ins 22.10.1982. Am 20.10.1989; 15.12.1989.

8A Appeal from Board (s 30R)

cf CR 1968, r 39.

The Companies Auditors and Liquidators Disciplinary Board may, on application in writing made to it before the expiration of the time (other than the time extended by the Court) for instituting an appeal from its decision under section 30R of the Code, grant, by notice in writing, an extension of that time and where it does so, it shall deliver the notice to the applicant who shall file the notice with the summons instituting the appeal.
rule 80.8A: Ins 22.10.1982. Am 20.10.1989; 15.12.1989; 2005 (407), Sch 1 [128].

Division 3 Parts III–XI of the Code

9 Applications under ss 73, 118, 122, 123, 125, 133 and 175

cf CR 1968, r 29.

(1) This rule applies to an application for an order under any of the provisions of the Code referred to in column 1 of the Table below:
Table
Column 1
Column 2
Provision
Description
73
Cancellation or alteration of the objects or powers of a company.
118
Confirmation of issue of shares at a discount.
122 (1)
Validation of issue or allotment of shares.
123 (5)
Confirmation of reduction of capital.
125 (4)
Cancellation, etc of variation or abrogation of rights of holders of special classes of shares.
133
Approving payment of interest out of capital
175 (5)
Confirmation of resolution to wind up scheme.
(2) The matter in column 2 of the above Table is inserted for convenience or reference only and does not affect the operation of the rules.
(3) Unless the Court otherwise orders, notice of an application to which this rule applies shall, not later than seven days before the date appointed for hearing, be published once in the Government Gazette and once in a prescribed newspaper.
(4) The notice mentioned in subrule (3) shall:
(a)  in the case of an application for orders under section 123 (5) of the Code and for fixing a date under section 123 (3) (a) of the Code—be in Form 125, and
(b)  in any other case—be in Form 126.
(5) Evidence in support of an application to which this rule applies shall include:
(a)  a statement of the statute under which the Company was incorporated,
(b)  a statement of the date of incorporation,
(c)  unless the Company is the plaintiff or has entered an appearance, proof of:
(i)  the address of its registered office at the date of search made under this subrule, being the latest address disclosed in a notice or annual return lodged with the Commission under section 84 (2) (b) (ia), section 85 (4) (fa), section 217 (1) or (3) or section 263 (1) of the Code,
(ii)  the date of lodgment of the notice or return disclosing that address,
as ascertained by search made not earlier than three days before:
(iii)  if the summons was served on the Company by post—the date of posting, or
(iv)  if the summons was served otherwise—the date of service,
(d)  unless the Company is the plaintiff, the capacity in which the plaintiff makes the application.
(6) Rule 20 applies to an application to which this rule applies as it applies to an application for a winding up order under the Code.
rule 80.9: Ins 30.6.1982. Am 22.10.1982; 12.7.1985; 20.4.1990.

10 Reduction of capital (s 123)

cf CR 1968, r 31.

(1) This rule applies where, on an application for an order under section 123 (5) of the Code, the Court fixes a date under section 123 (3) (a) of the Code.
(2) Within seven days after the date fixed under section 123 (3) (a) of the Code, the Company shall:
(a)  make out a list of creditors, and
(b)  file an affidavit in Form 127 verifying the list.
(3) Copies of the list shall be kept at the registered office of the Company and be available for inspection there at all times when the office is required to be open and accessible to the public.
(4) Within seven days after the date of filing the affidavit under subrule (2) (b), the Company shall:
(a)  publish once in the Government Gazette and once in a prescribed newspaper a notice in Form 126, and
(b)  serve on each creditor whose name is entered on the list mentioned in subrule (2) (a) a notice in Form 128.
(5) Within seven days after the expiry of the time fixed by the Court for creditors to send particulars of their claims to the solicitor for the Company, the Company shall file an affidavit in Form 129.
(6) Where the Company contends that a person is not entitled to be entered on the list or disputes the amount of a debt or claim claimed by a person, the Company shall, unless the Company is willing to appropriate, as the Court directs, the full amount of the debt or claim, serve on the person a notice in Form 130.
(7) The Court may, on the adjudication of claims:
(a)  allow any claim and fix the amount allowed,
(b)  direct that any claim be investigated in such manner as the Court thinks fit,
(c)  require any claimant to furnish particulars or evidence of his claim or produce any security relating to his claim, or
(d)  disallow any claim.
(8) Where a claimant does not comply with a notice served on him under subrule (6), the Court may disallow his claim.
(9) In subrules (7) and (8), claim includes part of a claim.
rules 80.10–80.12: Ins 30.6.1982.

11 Reduction of capital: appointment for hearing (s 123)

cf CR 1968, r 32.

Where the Court settles the list under section 123 (3) (b) of the Code, the Court shall appoint a date for hearing of the proceedings on the application for the order under section 123 (5) of the Code.
rules 80.10–80.12: Ins 30.6.1982.

12 Registration of transfer of shares etc (s 184)

(1) An application to the Court for an order for the issue of a summons under section 184 (3) of the Code may be made without serving the summons by which the application is made on any person.
(2) A summons under section 184 (3) of the Code may be in Form 131.
rules 80.10–80.12: Ins 30.6.1982.

13 (Repealed)

rule 80.13: Ins 30.6.1982. Rep 2005 (407), Sch 1 [129].

14 Compromise with creditors etc (ss 315, 317)

cf CR 1968, r 23 (i).

(1) An application for relief under a subsection of section 315 of the Code, (which section relates to a compromise with creditors etc) other than under subsection (1) of that section, shall be made by motion in the proceedings on the application for the order under subsection (1) of that section.
(2) Rule 9 applies to an application for an order under section 315 (4) or section 317 (1) of the Code as it applies to an application for an order under the provisions of the Code mentioned in rule 9 (1).
(3) The Court may, on the application of any person whose rights are affected by a compromise or arrangement approved under section 315 (4) of the Code, fix or review the remuneration of the person appointed to administer the compromise or arrangement.
rules 80.14–80.17: Ins 30.6.1982.

15 Oppression or injustice (s 320 (2))

Rules 18, 19, 20, 21 and 22 apply to an application for an order under section 320 (2) of the Code as they apply to an application for an order under section 364 (1) of the Code and as if for the reference in rule 18 (3) (e) to a paragraph of section 364 (1) of the Code there were a reference to a subparagraph of section 320 (1) (a) of the Code.
rules 80.14–80.17: Ins 30.6.1982.

16 Release of official manager (s 355)

cf CR 1968, r 216.

A person applying for an order under section 355 (19) or section 355 (20) of the Code shall give notice of his application:
(a) to every creditor who has proved his debt, and
(b) to any creditor mentioned in the report referred to in section 335 (4) of the Code who has not proved his debt.
rules 80.14–80.17: Ins 30.6.1982.

Division 4 Part XII of the Code (winding up)

17 Company Index: search (s 363)

cf CR 1968, r 44 (1).

Any person may, upon payment of the fee (if any) fixed under the Act, search in the Company Index kept in the registry against the name of the Company which is the subject of a winding up application or which is in the course of being wound up.
rules 80.14–80.17: Ins 30.6.1982.

18 Application for a winding up order under s 364 (1)

(1) This rule applies to an application for an order under section 364 (1) of the Code.
(2) The summons claiming the order may be in Form 132.
(3) The evidence in support of the application shall include:
(a)  a statement of the statute under which the Company was incorporated,
(b)  a statement of the date of incorporation,
(c)  unless the Company is the plaintiff or has entered an appearance, proof of:
(i)  the address of its registered office at the date of search made under this subrule, being the latest address disclosed in a notice or annual return lodged with the Commission under section 84 (2) (b) (ia), section 85 (4) (fa), section 217 (1) or (3) or section 263 (1) of the Code,
(ii)  the date of lodgment of the notice or return disclosing that address,
as ascertained by search made not earlier than three days before:
(iii)  if the summons was served on the Company by post—the date of posting, or
(iv)  if the summons was served otherwise—the date of service,
(d)  unless the Company is the plaintiff, the capacity in which the plaintiff makes the application,
(e)  the grounds of the application and a reference to the paragraph of section 364 (1) of the Code under which the plaintiff is proceeding.
(4) Unless the Court otherwise orders, notice in Form 126 of the application shall, not earlier than three days after the date of service on the Company of the summons claiming the order and not later than seven days before the date of hearing, be published once in the Government Gazette and once in a prescribed newspaper.
rule 80.18: Ins 30.6.1982. Am 22.10.1982; 12.7.1985; 20.4.1990.

19 Serial number: winding up

cf CR 1968, r 43.

The serial number assigned to the summons claiming an order for the winding up of the Company shall be borne by every document filed in proceedings in the winding up of the Company after the winding up order is made.
rule 80.19: Ins 30.6.1982.

20 Notice of intention to appear

cf CR 1968, r 27, 28.

(1) This rule applies in proceedings on an application for a winding up order under the Code.
(2) Where a person on whom the summons has not been served intends to appear on the hearing of the application, he shall add to his notice of appearance a note in Form 133.
(3) The notice shall be served on the plaintiff before 1 in the afternoon of a day (being a day on which the registry is open for business) before the date appointed for hearing.
(4) Where the plaintiff has received any notice mentioned in subrule (2) he shall, at or before the hearing, file a notice in Form 134.
rule 80.20: Ins 30.6.1982 (see erratum 9.7.1982). Am 22.10.1982.

21 Substituted plaintiff in winding up application

cf CR 1968, r 52.

(1) Where a plaintiff, in proceedings on an application for a winding up order:
(a)  fails to take all the steps prescribed by these rules preliminary to the hearing,
(b)  seeks the leave of the Court to discontinue the proceedings,
(c)  consents to the proceedings being dismissed,
(d)  does not appear when the proceedings are called on for hearing,
(e)  does not claim the order at the hearing, or
(f)  does not obtain the order at the hearing,
the Court may, at any time, on terms, subject to the Code, on application of any person, make orders for the further conduct of the proceedings, including an order in Form 135 substituting that person for the former plaintiff.
(2)   (Repealed)
rule 80.21: Ins 30.6.1982. Am 2005 (407), Sch 1 [130].

22 Discontinuance

Rule 12.2 of the Uniform Civil Procedure Rules 2005 does not apply to proceedings on an application for a winding up order.
rule 80.22: Ins 30.6.1982. Am 2005 (407), Sch 1 [131].

22A Notice to liquidator of appointment

(1) Where an order for the winding up of a Company is made, the plaintiff shall:
(a)  complete two forms of notice in Form 135A,
(b)  leave a copy with, and obtain a sealed copy from, the proper officer of the Court,
(c)  serve the sealed copy on the liquidator appointed:
(i)  where the order is made before noon—before 5 in the afternoon,
(ii)  where the order is made in the afternoon—before noon of the following day.
(2) A sealed copy is sufficiently served on a liquidator within the time prescribed in subrule (1) (c) if the information contained in the copy is transmitted to the liquidator’s facsimile transmission number by a means that reproduces, in the hands of the liquidator, that information as it appears in the copy.
rule 80.22A: Ins 14.2.1986. Am 16.3.1990.

23 Form of winding up order

cf CR 1968, r 58.

A minute of a winding up order may be in Form 136.
rule 80.23: Ins 30.6.1982.

23A (Repealed)

rule 80.23A: Ins 25.10.1991. Rep 2005 (407), Sch 1 [132].

24 Stay of proceedings against company (s 367)

Where an action or other civil proceeding against a company is pending in the Court in a Division, an application to the Court for an order under section 367 (6) of the Code may be made by motion in the action or proceeding in that Division.
rule 80.24: Ins 30.6.1982.

24A Validation of dispositions of property etc (s 368)

An application for an order under section 368 (2) of the Code (which subsection relates to the validation of dispositions of property etc) shall be made by motion in the proceedings for the winding up order.
rule 80.24A: Ins 22.10.1982.

25 Proceedings against a Company after a winding up order (s 371)

An application for leave under section 371 (2) of the Code may, where the proceedings in respect of which leave is sought have been commenced in a Division, be made by motion in those proceedings in that Division.
rule 80.25: Ins 30.6.1982.

26 Appointment of provisional liquidator (s 372)

cf CR 1968, r 50 (3).

(1) An application for the appointment of a provisional liquidator under section 372 (2) of the Code shall be made by motion in the proceedings for the winding up order.
(2) Any party obtaining an order under section 372 (2) of the Code shall:
(a)  complete two forms of notice in Form 136A,
(b)  leave a copy with, and obtain a sealed copy from the proper officer of the Court,
(c)  serve the sealed copy on the provisional liquidator appointed:
(i)  where the order is made before noon—before 5 in the afternoon,
(ii)  where the order is made in the afternoon—before noon of the following day,
(d)  publish once in the Government Gazette and once in a prescribed newspaper a notice in Form 137, and
(e)  serve an office copy of the minute of order on the provisional liquidator.
(3) A sealed copy is sufficiently served on a provisional liquidator within the time prescribed in subrule (2) (c) and an office is sufficiently served under subrule (2) (e) if the information contained in the copy is transmitted to the provisional liquidator’s facsimile transmission number by a means that reproduces, in the hands of the provisional liquidator, that information as it appears in the copy.
rule 80.26: Ins 30.6.1982. Subst 22.10.1982. Am 20.4.1990.

27 Notice to liquidator of appointment

cf CR 1968, r 55.

The registrar shall, forthwith after a person has been appointed liquidator or provisional liquidator, give notice to that person of his appointment.
rules 80.27–80.33: Ins 30.6.1982.

28 Notice of appointment of liquidator

cf CR 1968, r 57.

Where the Court makes an order for the winding up of the Company and appoints a liquidator, the liquidator shall, not later than seven days after the order is made, publish a notice in Form 138 once in the Government Gazette and once in a prescribed newspaper.
rules 80.27–80.33: Ins 30.6.1982.

29 Provisional liquidator (s 372)

cf CR 1968, r 50 (5).

(1) Subject to the Code and the rules and subject to any directions of the Court, a liquidator appointed provisionally under section 372 (2) of the Code shall have power to carry on the business of the Company and the powers specified in section 377 (2) (a)–(k) of the Code.
(2) For the purpose of enabling the provisional liquidator to take out letters of administration or recover money as mentioned in section 377 (2) (h) of the Code, the money due shall be deemed to be due to the provisional liquidator himself.
(3) The exercise by the provisional liquidator of the powers conferred by this rule is subject to the control of the Court, and any creditor or contributory may apply to the Court with respect to any exercise or proposed exercise of any of those powers.
rules 80.27–80.33: Ins 30.6.1982.

30 Filling vacancy in office of liquidator (s 373)

cf CR 1968, r 89 (5).

A person applying to the Court for an order under section 373 (7) of the Code shall, not later than seven days before the date appointed for hearing, publish, in a prescribed newspaper, a notice of his intention to apply to the Court for the order.
rules 80.27–80.33: Ins 30.6.1982.

31 Copy of report under s 375 (7) (a)

cf CR 1968, r 66.

The copy of the report required to be filed with the Court under section 375 (7) (a) of the Code shall be a copy certified in writing by the liquidator of the Company to be a true copy of the original report.
rules 80.27–80.33: Ins 30.6.1982.

32 List of contributories (s 378 (1) (a))

cf CR 1968, r 140.

Where, in a winding up by the Court, a liquidator has settled a list or supplementary list of contributories, he shall, within 14 days after certifying it, file a copy of it and the certificate.
rules 80.27–80.33: Ins 30.6.1982.

33 Liquidator to file resolutions

cf CR 1968, r 100.

(1) The liquidator appointed by the Court shall, after the passing of any resolution of a meeting of creditors, of contributories, of both or of the committee of inspection, file a copy certified by him of the resolution.
(2) The certificate may be in Form 139.
rules 80.27–80.33: Ins 30.6.1982.

34 (Repealed)

rule 80.34: Ins 30.6.1982. Subst 22.10.1982. Rep 24.2.1984.

35 Release of liquidator (s 381)

(1) A summons by which an application is made under section 381 (c) or section 381 (d) of the Code for an order that the liquidator be released shall bear a note “Section 382 (3) of the Companies (New South Wales) Code provides” and state the provisions of the subsection.
(2) The liquidator shall file with a summons claiming an order mentioned in section 381 (c) or section 381 (d) of the Code a summary of receipts and payments in the winding up and a statement showing the position of the Company at the date of filing the summons.
(3) The liquidator shall give notice of the application and copies of the summary and the statement:
(a)  to every creditor who has proved his debt, and
(b)  to every contributory.
cf CR 1968, r 206.
(4) The evidence in support of the application shall include statements in an affidavit by the liquidator to the following effect:
(a)  “To the best of my belief there has been no act done or default made by me in the administration of the affairs of the company or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the company or any creditor or contributory (where applicable add except as disclosed in this affidavit)”,
(b)  “I am not aware of any claim made by any person that there has been any such act or default (where applicable add except as disclosed in this affidavit)”.
rule 80.35: Ins 30.6.1982. Am 15.12.1989.

36 Report by the liquidator to the Court: stay of winding up (s 383)

cf CR 1968, r 73 (1); (As to s 384 of the Code (delivery of property to liquidator and calls), see rules 40–45.)

A report by the liquidator to the Court under section 383 (2) of the Code may be furnished to the Court by filing it in Form 140.
rule 80.36: Ins 30.6.1982.

37 Special manager (s 385)

cf CR 1968, r 61.

(1) This rule applies to proceedings in the Court under section 385 of the Code (which section relates to a special manager).
(2) The liquidator may file an unverified statement in support of the application, instead of an affidavit.
(3) Security is sufficiently given if it is given for any winding up in which the person giving security is appointed a special manager.
(4) The Court may at any time and from time to time give directions for the giving of security in a different amount to the amount for which security was previously given.
(5) Where security is given to the satisfaction of an associate Judge he shall give a certificate to that effect.
rule 80.37, reference, before hdg to: Ins 22.10.1982.
rules 80.37, 80.38: Ins 30.6.1982.

38 Accounting by special manager

cf CR 1968, r 62.

(1) Subject to any order of the Court under section 385 (2) (a) of the Code, the special manager shall furnish his accounts to the liquidator.
(2) The accounts shall be verified by affidavit.
(3) The affidavit may be in Form 141 and subscribed to the accounts.
(4) When the accounts are approved by the liquidator, the totals of the receipts and payments shall be included by the liquidator in his accounts.
rules 80.37, 80.38: Ins 30.6.1982.

39 Default of special manager

cf CR 1968, r 64.

(1) Where any special manager is required by the rules or any direction of the Court to do anything and does not carry out the requirement, the liquidator shall apply to the Court for directions in respect of the default and the Court may make such orders and give such directions as the Court thinks fit.
(2) Without limiting subrule (1), where a special manager is required by the rules or by any order or direction of the Court to pay into Court any sum shown by his account as due from him, and he does not comply with the requirement, the Court may charge him with interest at the rate prescribed for payment of interest by a receiver under Rule 26.6 (3) of the Uniform Civil Procedure Rules 2005 on that sum while in his possession as special manager.
(3) This rule does not limit the powers of the Court as to the enforcement of orders or as to the punishment of contempt.
rule 80.39: Ins 30.6.1982. Am 2005 (407), Sch 1 [133].

40 Requirement by liquidator to pay money etc (ss 384 (1) and 389)

cf CR 1968, r 136.

A requirement by a liquidator under section 384 (1) of the Code may be in Form 142.
rules 80.40–80.45: Ins 30.6.1982.

41 Calls: sanction of committee of inspection (ss 384 (3), 389)

cf CR 1968, r 145 (1).

(1) In a winding up by the Court the liquidator shall, for the purpose of obtaining the sanction of the committee of inspection under section 389 (2) (a) of the Code:
(a)  convene a meeting of the committee by serving notice in Form 143 on every member of the committee so as to reach him not later than seven days before the date appointed for the meetings,
(b)  serve on every member of the committee, with the notice mentioned in paragraph (a), a statement in Form 144, and
(c)  publish notice of the meeting in Form 145 once in the Government Gazette and once in a prescribed newspaper or as the Court may direct.
(2) The committee shall, before sanctioning the proposed call, consider representations (if any) made by any contributory to the liquidator or any member of the committee in writing before or at, or orally at, the meeting.
(3) A resolution of the committee of inspection sanctioning a call may be in Form 146.
rules 80.40–80.45: Ins 30.6.1982.

42 Application for leave to make a call (ss 384 (3), 389)

cf CR 1968, r 146.

(1) This rule applies to proceedings on an application for an order under section 389 (2) (a) of the Code (which section relates to leave to make a call).
(2) The summons may be in Form 147.
(3) The affidavit in support of the application may be in Form 148.
(4) Subject to subrule (5), the summons shall be served on each contributory on whom it is proposed the call should be made.
(5) The summons need not be served on the contributories where the Court directs that notice of the proposed call may be given by advertisement.
(6) The advertisement may be in Form 149.
(7) The copy of the summons served on a contributory may show only the amount claimed to be owing by him.
(8) The order granting leave may be in Form 150.
rules 80.40–80.45: Ins 30.6.1982.

43 Filing notice of amount of call per share (ss 384 (3), 389)

cf CR 1968, r 146.

Where in a winding up by the Court the liquidator is authorised under section 389 (2) (a) of the Code to make a call, he shall file a notice in Form 151 showing the amount of the call per share.
rules 80.40–80.45: Ins 30.6.1982.

44 Call on contributories (ss 384 (3), 389)

cf CR 1968, r 147.

(1) In a winding up by the Court, the liquidator shall make a call on a contributory by serving a notice in Form 152 or Form 153 as the case may require, on the contributory.
(2) The Court may direct that notice of the order granting leave to make the call or of the resolution sanctioning the making of the call be advertised.
rules 80.40–80.45: Ins 30.6.1982.

45 Application for order for payment of call (s 384 (3) (b))

cf CR 1968, r 148; (As to s 385 of the Code (special manager), see rules 37–39.)

Evidence in support of an application for an order under section 384 (3) (b) of the Code (which relates to an order for payment of a call) shall include an estimate of the amount owing by each contributory (if more than one) in respect of the costs of the application and of carrying it into effect and a statement that the estimate is based on an apportionment of the costs of the application equally among the contributories who have not paid the call.
rules 80.40–80.45: Ins 30.6.1982.

46 Powers of liquidator (s 389)

Subject to the Code, the rules and the Companies Regulations, the powers and duties conferred or imposed on the Court by Part XII of the Code in respect of:
(a)  the holding and conducting of meetings to ascertain the wishes of creditors and contributors,
(b)  the paying, delivering, conveyance, surrender or transfer of money, property or books to the liquidator,
(c)  the making of calls and the adjusting of the rights of contributories among themselves and the distribution of any surplus among the persons entitled to it, and
(d)  the fixing of a time within which debts and claims must be proved,
may be exercised and shall be performed by the liquidator as an officer of the Court and subject to the control of the Court.
rule 80.46, reference, before hdg to: Ins 22.10.1982.
rules 80.46–80.50: Ins 30.6.1982.

47 Proceedings against company after voluntary winding up (ss 401, 402)

An application for leave under section 401 (2) or section 402 (2) of the Code may, where the proceedings in respect of which leave is sought have been commenced in a Division, be made by motion in the proceedings.
rules 80.46–80.50: Ins 30.6.1982.

48 Complaints concerning liquidator (s 420 (1))

A complaint to the Court under section 420 (1) of the Code shall be filed with the summons claiming an inquiry under the subsection in respect of the matter complained of.
rules 80.46–80.50: Ins 30.6.1982.

49 Report concerning liquidator (s 420 (2))

cf CR 1968, r 211.

(1) A report to the Court by the Commission under section 420 (2) of the Code shall be filed with the summons claiming orders under the subsection in respect of the matter reported.
(2) A report made under section 420 (2) of the Code shall not be inspected or used except by leave of the Court.
rules 80.46–80.50: Ins 30.6.1982.

50 Resignation of liquidator (s 421)

cf CR 1968, r 89 (1).

Where, in a winding up by the Court, the liquidator resigns, he shall, within the time prescribed by section 421 (2) of the Code, file a copy of the notice of the resignation in the form prescribed by the Companies Regulations.
rules 80.46–80.50: Ins 30.6.1982.

51 (Repealed)

rule 80.51: Ins 30.6.1982. Rep 22.10.1982.

52 Report by the chairman to the Court: meeting of creditors etc (s 431)

cf CR 1968, r 73 (1).

A report by the chairman to the Court under section 431 (1) of the Code may be made by filing a report in Form 140.
rules 80.52–80.54: Ins 30.6.1982.

53 Committee of inspection (s 432)

cf CR 1968, r 74 (2).

(1) The Court may, in proceedings for an order under section 432 (2) of the Code (which subsection relates to the appointment of a committee of inspection) make an appointment for hearing of the proceedings and give directions for service and publication of notice of the appointment.
(2) On the hearing the Court may hear the liquidator, any creditor and any contributory.
rules 80.52–80.54: Ins 30.6.1982.

54 Filing proof of debt (s 438)

cf CR 1968, r 164.

In a winding up by the Court the liquidator shall, within three days after service upon him of a summons instituting an appeal from his decision rejecting a creditor’s proof of debt, file the proof and a copy of the notice given by him under regulation 125 (1) of the Companies Regulations.
rules 80.52–80.54: Ins 30.6.1982.

55 (Repealed)

rule 80.55: Ins 30.6.1982. Rep 2005 (407), Sch 1 [134].

56 Disclaimer (s 454)

cf CR 1968, r 130.

The applicant for leave under section 454 (6) of the Code shall file an affidavit showing who the persons interested are and their interests.
rules 80.56–80.59: Ins 30.6.1982.

57 Winding up of bodies other than companies (s 470)

The rules apply, with such adaptations as are necessary, to a body to which Part XII Division 6 of the Code applies as they apply to a Company.
rules 80.56–80.59: Ins 30.6.1982.

58 Stay of proceedings against body other than a Company (s 472)

An application for leave under section 472 (2) of the Code may, where the proceedings in respect of which leave is sought have been commenced in a Division, be made by motion in those proceedings in that Division.
rules 80.56–80.59: Ins 30.6.1982.

Division 5 Part XIV of the Code (miscellaneous)

59 Security for costs: plaintiff corporation (s 533)

cf CR 1968, r 3 (3).

Where a proceeding referred to in section 533 of the Code (which section relates to a plaintiff corporation giving security for costs) has been commenced in a Division, an application under that section may be made by motion in those proceedings in that Division.
rules 80.56–80.59: Ins 30.6.1982.

60 (Repealed)

rule 80.60: Ins 30.6.1982. Rep 19.7.1985.

61 Appeal from liquidator etc (s 538)

cf CR 1968, r 39.

A person mentioned in section 538 (a), (b), (c) or (d) may, on application in writing made to him before the expiration of the time (other than the time extended by the Court) for instituting an appeal from his act, omission or decision, grant, by notice in writing, an extension of that time and where he does so, he shall deliver the notice to the applicant who shall file the notice with the summons instituting the appeal.
rule 80.61: Ins 30.6.1982. Am 2005 (407), Sch 1 [135].

61A Irregularities (s 539)

Subject to any direction of the Court, an application for an order under section 539 of the Code in or for the purposes of or in relation to any proceedings in the Court may be made by motion in those proceedings.
rule 80.61A: Ins 22.10.1982.

62 Examination of person concerned with corporation (s 541)

cf CR 1968, r 119–126.

(1) This rule applies to proceedings on an application to the Court for an order under section 541 (3) of the Code.
(2) The summons by which the application is made shall be served:
(a)  where a liquidator has been appointed, unless he is the applicant—on the liquidator, and
(b)  unless the Commission is the applicant—on the Commission,
and need not be served on any other person unless the Court so directs.
(3) The applicant shall, when making the application, lodge in the registry a draft minute in Form 154 of the order sought.
(4) A minute of the order made shall be served personally on the person who is to be examined and shall be served, where the liquidator is the applicant, on the Commission and, where the Commission is the applicant, on the liquidator.
(5) The applicant shall publish once in the Government Gazette and once in a prescribed newspaper, notice of the time and place appointed for the holding of an examination but not, unless the Court so orders, for the holding of an adjourned examination.
(6) Where the Court makes an order under section 541 (13) of the Code, the written record, signed if so required by the Court under that subsection, shall be filed in the registry.
(6A) Where:
(a)  the examination of a person under section 541 of the Code is held wholly or partly in public, and
(b)  a written record or transcript of the questions put to the person and the answers given by the person at the examination is filed in the registry,
the registrar shall, upon application by the person made within 3 years of the date of the conclusion of the examination and payment of the prescribed fee, furnish to the person a copy of the written record or transcript of such part of his examination as is held in public.
(7) A transcript is authenticated under section 541 (14) of the Code by a certificate by the person who made the transcript certifying it to be a correct record of the examination.
(8) A written record or transcript of an examination under section 541 of the Code shall not, except with the leave of the Court, be open to inspection by any person.
(9) Subrule (8) does not apply to the liquidator or any person authorised by the Commission.
(10) Where the examination is held before a court other than the Court, the powers of the Court under this rule may be exercised by that other court.
rule 80.62: Ins 30.6.1982. Am 24.7.1992; 2005 (407), Sch 1 [136].

63 Default in relation to an examination

cf CR 1968, r 127 (2).

(1) Where a registrar constitutes the Court for the purpose of an examination under section 541 of the Code and a person (the person in default) refuses or fails to do anything mentioned in section 541 (7), (8) or (9) of the Code, he shall, at the request of any person who took part in the examination, give to that person a certificate, signed by him, of the refusal or failure.
(2) The Court may, upon the certificate being filed and on motion by any party, order the person in default:
(a) to do the thing, and
(b) to pay any costs occasioned by his refusal or failure.
rule 80.63: Ins 30.6.1982.

Division 6 Meetings ordered by the Court

pt 80, div 6 (Rule 80.64): Ins 22.10.1982.

64 Application of regulations

cf CR 1968, r 92.

Subject to the Code and subject to any directions of the Court, the provisions of regulations 84–99 of the Companies Regulations apply to and in respect of meetings ordered by the Court.
pt 80, div 6 (Rule 80.64): Ins 22.10.1982.

Part 80A Corporations Law and ASC Law

pt 80A: Ins 10.12.1993.

pt 80A (The whole Part): Am 23.10.1998 (“the Commission” omitted wherever occurring, “ASIC” inserted instead).

Division 1 Preliminary

pt 80A, div 1: Ins 10.12.1993.

1A (Repealed)

rule 80A.1A: Ins 21.8.1998. Rep 23.10.1998.

1 Interpretation

In this Part, unless the contrary intention appears:
(a)  subject Act means the Corporations (New South Wales) Act 1990.
advertised means published in the Commonwealth of Australia Gazette and in a prescribed newspaper.
Corporations Law has the meaning given by section 13 of the subject Act.
prescribed newspaper means:
(i)  where the registered office of the subject corporation is within 100 kilometres of the General Post Office, Sydney—a daily newspaper circulating generally in Sydney,
(ii)  where the subject corporation does not have a registered office, and its principal place of business or last known principal place of business is or was within 100 kilometres of the General Post Office, Sydney—a daily newspaper circulating generally in Sydney, or
(iii)  in any other case—a newspaper circulating generally in the district in which the registered office of the subject corporation is situated or, if it does not have a registered office, in which its principal place of business or last known principal place of business is or was situated.
subject corporation means corporation to which the application relates,
(b)  subject to this rule, a word or expression defined in the Corporations Law (other than for the purposes of limited parts thereof) has the meaning as so defined,
(c)  a reference to a section is a reference to a section of the Corporations Law.
rule 80A.1: Ins 10.12.1993. Am 23.10.1998.

2 Application

Subject to any order of the Court, this Part applies to:
(a) proceedings under the Corporations Law or the ASC Law commenced in the Court after 30 January 1994 and before the Supreme Court (Corporations) Rules 1999 commence, and
(b) applications made under the Corporations Law or the ASC Law after 30 January 1994 in proceedings in the Court commenced before the Supreme Court (Corporations) Rules 1999 commence.
rule 80A.2: Ins 10.12.1993. Subst 24.12.1999. Am 19.12.2003.

3 Commencement of proceedings

(1) Subject to rule 18.1 of the Uniform Civil Procedure Rules 2005 (which relates to applications by motion) and to subrules (2), (4) and (5), proceedings in the Court for relief under the Corporations Law or the ASC Law must be commenced by summons under Part 5 rule 4B (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999).
(2) Proceedings in the Court on an application:
(a)  for an order for the winding up of a corporation shall be commenced by summons under Part 5 rule 4A (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999),
(b)  for other relief under the Corporations Law where:
(i)  it is necessary to obtain an early appointment for hearing, and
(ii)  the plaintiff intends to be ready to proceed at the time appointed,
whether for final or interlocutory relief or directions, may be commenced by summons under Part 5 rule 4A (as in force at the relevant time before the commencement of the Supreme Court (Corporations) Rules 1999).
(3) The summons must state above the title:
(a)  the name of the subject corporation followed, where appropriate, by the words “(in liquidation)”, “(provisional liquidator appointed)”, “(receiver appointed)”, “(receiver and manager appointed)”, “(under official management)” or “(administrator appointed)”,
(b)  (if applicable) the registered number of the subject corporation preceded by the words “Australian Company Number” (which may be abbreviated to “ACN”) or “Australian Registered Body Number” (which may be abbreviated to “ARBN”) as the case may be, and
(c)  the words “and the Corporations Law” or “and the ASC Law”, as the case may be.
(4) Without limiting the generality of rule 18.1 of the Uniform Civil Procedure Rules 2005, application of the following kinds must be made by motion in the relevant winding up proceedings, namely:
(a)  an application for an order under section 467 (7) (which relates to staying existing proceedings),
(b)  an application for an order under section 468 (which relates to avoidance of dispositions of property),
(c)  an application for an order under section 472 (which relates to provisional liquidators), and
(d)  any application in the winding up of the subject corporation.
(5) An application for an order under section 471B or section 500 (2) in respect of existing proceedings in the Court in a Division may be made by motion in those proceedings.
(6) Notwithstanding subrule (4) and rule 18.1 of the Uniform Civil Procedure Rules 2005, an application for the issue of an Examination Summons under section 596A or section 596B must be made by summons.
rule 80A.3: Ins 10.12.1993. Am 13.6.2003; 19.12.2003; 2005 (407), Sch 1 [137].

4 Registration of transfer of shares etc (s 1092 (3))

(1) An application to the Court for an order for the issue of a summons, under section 1092 (3) may be made, without serving the summons by which the application is made on any person.
(2) A summons under section 1092 (3) may be in Form 154BA.
rule 80A.4: Ins 10.12.1993.

Division 2 Proceedings generally

pt 80A, div 2: Ins 10.12.1993.

5 Additional powers of the Court

Without limiting its other powers, the Court may at any time in proceedings, on application by a party or of its own motion:
(a)  direct that notice of any matter be given by advertisement or otherwise to any person or class of persons,
(b)  direct that a document be served on any person,
(c)  grant to any person who is or claims to be a creditor, contributory or officer of a subject corporation, or an officer of such a creditor or contributory, leave to be heard without becoming a party,
(d)  revoke, or vary the terms and conditions of, any such leave,
(e)  order that any person who is or claims to be a creditor, contributory or officer of a subject corporation be added as a defendant,
(f)  appoint any creditor or contributory of a subject corporation to represent, at the expense of that corporation, all or any class of creditors or contributories of that corporation for the purpose of the proceedings or any part of them, and
(g)  revoke, or vary the terms and conditions of, any such appointment.
rule 80A.5: Ins 10.12.1993.

6 (Repealed)

rule 80A.6: Ins 10.12.1993. Rep 2005 (407), Sch 1 [138].

7 Inquiry as to creditors etc

(1) The Court may direct an inquiry as to any debts, claims or liabilities or any class of debts, claims or liabilities of a subject corporation.
(2) Where the Court directs an inquiry under subrule (1), subject to any further direction of the Court, rule 13 applies with such modifications as may be necessary as though settlement of a list of creditors was required.
rules 80A.7, 80A.8: Ins 10.12.1993.

8 Registrar furnishing copy of summons etc

The registrar shall, upon payment of the fee (if any) fixed under the Act, furnish to any person claiming to be a contributory, creditor or officer of the subject corporation, an office copy of the summons and affidavits which are in the custody of the registrar and are filed by the plaintiff in support of an application for the winding up of the subject corporation.
rules 80A.7, 80A.8: Ins 10.12.1993.

9 Notice of intention to appear

rule 80A.9, hdg: Am 25.2.1994.
(1) Any person who intends to appear on the hearing of an application, notice of which has been advertised under this Part, who is not already a party, must, not later than 2 days before the date appointed for the hearing:
(a)  file a notice of appearance which must include:
(i)  a statement of the relationship of the person to the subject corporation, and
(ii)  a statement that the person intends to support or oppose the application, as the case may be, and
(b)  serve the notice of appearance on the plaintiff and on each other party of whose address for service the person has notice.
(2)   (Repealed)
rule 80A.9: Ins 10.12.1993. Am 2005 (407), Sch 1 [139].

Division 3 Advertisement

pt 80A, div 3: Ins 10.12.1993.

10 Advertisement and inspection of certain applications

(1) This rule applies to an application for an order under any of the provisions of the Corporations Law referred to in column 1 of Table 1 below.
Table 1
Column 1
Column 2
Provision
Description
s 246D (5)
Rights of holders of classes of shares and of members
s 254E (1)
Validation of shares improperly issued
s 411 (4) (b) and (6)
Compromises and arrangements
s 413 (1)
Reconstruction and amalgamation of Part 5.1 bodies
s 459A
Winding up (insolvency)
s 461
Winding up (general grounds)
s 601FP
Appointment of temporary responsible entity
s 601ND (1)
Winding up of schemes
(2) The descriptions in column 2 of Table 1 are inserted for convenience of reference only, and do not affect the operation of this rule.
(3) Subject to subrule (4), notice of an application to which this rule applies must be advertised not later than 7 days before the date appointed for the hearing.
(4) Notice of an application for an order under section 459A or section 461 must not be advertised earlier than 3 days after the date of service of the summons on the subject corporation.
(5) The notice shall be in Form 154B.
(6) Where an application to which this rule relates is made otherwise than by the subject corporation, the applicant shall, as soon as practicable after filing the document by which proceedings in the application is commenced, and in any event not later than 14 days after that document is filed, serve that document and the affidavit in support of the application on the subject corporation.
(7) Any creditor, contributory or officer of a subject corporation shall at any time before the date appointed for the hearing be entitled to inspect at the address specified in the notice copies of the summons and supporting affidavits in respect of any application, notice of which has been advertised under this rule.
rule 80A.10: Ins 10.12.1993. Am 23.10.1998.

Division 4 Notice to ASIC

pt 80A, div 4: Ins 10.12.1993.

11 Service of certain applications

(1) This rule applies to an application for an order under any of the provisions of the Corporations Law referred to in column 1 of Table 2 below.
Table 2
Column 1
Column 2
Provision
Description
s 342 (8)
Restoration of name to the register
s 350 (9)
Restoration of name to the register (foreign company)
s 411 (1) or (1A)
Administration of compromises
s 480
Release of liquidator
s 536 (1)
Supervision of liquidators
s 601AH (2)
Reinstate deregistered company
s 737
Prohibited acquisition
s 739
Protection of rights under a takeover scheme
s 740
Unfair agreements
s 741
Defaulting substantial shareholder
s 742
Undisclosed beneficial shareholder
(2) The descriptions in column 2 of Table 2 are inserted for convenience of reference only, and do not affect the operation of this rule.
(3) Subject to section 411 (2), copies of the summons and supporting affidavits in respect of an application to which this rule applies must be served on ASIC a reasonable time before the date appointed for the hearing of the application.
rule 80A.11: Ins 10.12.1993. Am 23.10.1998.

Divisions 5, 6

12, 13 (Repealed)

pt 80A, div 5: Ins 10.12.1993. Rep 23.10.1998.

pt 80A, div 6 (rules 12, 13): Ins 10.12.1993. Rep 23.10.1998.

Division 6A Remuneration of receiver, administrator and special manager

pt 80A, div 6A (rules 13A–13C): Ins 21.10.1994.

13A Remuneration of receiver (s 425 (1))

(1) The summons or notice of the motion, by which application is made by a receiver for an order fixing his or her remuneration under section 425 (1), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on:
(a)  the person who appointed the receiver,
(b)  any other creditor holding security over all or any of the same property,
(c)  any liquidator or provisional liquidator of the subject corporation,
(d)  any administrator of the subject corporation,
(e)  any administrator of a deed of company arrangement executed by the subject corporation, and
(f)  if there is no person of the kinds referred to in (c), (d) and (e):
(i)  each of the 5 largest unsecured creditors of the subject corporation, and
(ii)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2) Any creditor or contributory or any of the persons referred to in paragraphs (c), (d) and (e) of subrule (1) may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (1) (b), and
(b)  stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4) The summons or notice of motion must be served on any creditor or contributory or other person who has given notice of objection under subrule (2).
(5) The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the receiver, any matters delaying the completion of the receivership.

13B Remuneration of administrator (s 449E (1))

(1) The summons or notice of the motion, by which application is made for an order fixing an administrator’s remuneration under section 449E (1), must not be filed until the expiration of:
(a)  28 days after the date when a meeting of creditors referred to in section 449E (1) was last held, and
(b)  21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on:
(i)  each creditor who was present in person or by proxy at the meeting of creditors,
(ii)  each member of any committee of inspection, and
(iii)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2) Any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (1) (b), and
(b)  stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4) The summons or notice of motion must be served on any creditor or contributory who has given notice of objection under subrule (2).
(5) The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the administrator, any matters delaying the completion of the administration.

13C Remuneration of special manager (s 484 (2))

(1) The summons or notice of the motion, by which application is made by a special manager for an order fixing his or her remuneration under section 484 (2), must not be filed until the expiration of 21 days after the applicant has served notice in Form 154I of his or her intention to apply for the order, together with a copy of the affidavit on which the applicant intends to rely, on:
(a)  the liquidator,
(b)  each member of any committee of inspection, or if there is no committee of inspection, each of the 5 largest creditors of the subject corporation, and
(c)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(2) The liquidator or any creditor or contributory may within 21 days after service of the last of the notices required by subrule (1) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(3) Where the applicant files with the summons or notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (1) (b), and
(b)  stating that he or she has received no notice of objection to the remuneration claimed,
and the summons or notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(4) The summons or notice of motion must be served on the liquidator or any creditor or contributory who has given notice of objection under subrule (2).
(5) The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the special manager, any matters delaying the completion of the special management.

Division 7 Winding up

pt 80A, div 7: Ins 10.12.1993.

14 Index: search

Any person may, upon payment of the fee (if any) fixed under the Act, search in the index kept in the registry against the name of a subject corporation.
rule 80A.14: Ins 10.12.1993.

15 Form of affidavit in support of statutory demand (s 459E (3))

(1) An affidavit referred to in section 459E (3) must:
(a)  subject to subrule (2), be made by the creditor or, where there is more than one creditor, by one of them,
(b)  set out the facts entitling the deponent under paragraph (a) to make the affidavit,
(c)  state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,
(d)  state that the deponent believes those matters to be true, and
(e)  state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
(2) In the case of a creditor which is:
(a)  a corporation—an affidavit by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation is taken to be an affidavit by the creditor,
(b)  the Crown—an affidavit by an officer of the Crown having knowledge of the facts so far as they are known to the Crown is taken to be an affidavit by the creditor, and
(c)  a company to which a liquidator or provisional liquidator has been appointed—an affidavit by the liquidator or provisional liquidator is taken to be an affidavit by the creditor.
(3) An affidavit under this rule must:
(a)  be in accordance with the prescribed form,
(b)  contain the statement headed “Important Note” set out in the form, and
(c)  not state a proceeding number.
(4) An affidavit under this rule must not be filed with the Court.
(5) For the purposes of section 459E (3), an affidavit in support of a statutory demand that complies with the rules of:
(a)  the Federal Court of Australia, or
(b)  the Supreme Court of another State or Territory in which the registered office of the company to be served is situated,
is taken to be an affidavit that complies with this rule.
(6) In subrule (2), Crown includes not only the Crown in right of New South Wales but also the Crown in any other capacity.
rules 80A.15, 80A.16: Ins 10.12.1993. Subst 24.11.1995.

16 Form of affidavit in support of an application to wind up relying on failure to comply with statutory demand (s 459Q (c))

(1) An affidavit referred to in section 459Q (c) must:
(a)  be in accordance with the prescribed form,
(b)  subject to subrule (2), be made by the plaintiff or, where there is more than one plaintiff, by one of them,
(c)  set out the facts entitling the deponent under paragraph (b) to make the affidavit,
(d)  state the source of the deponent’s knowledge of the matters stated in the affidavit concerning the debt or debts,
(e)  state that the deponent believes those matters to be true, and
(f)  state that the deponent believes that there is no genuine dispute about the existence or amount of the debt or debts to which the demand relates.
(2) In the case of a plaintiff which is:
(a)  a corporation—an affidavit by a member or officer of the corporation having knowledge of the facts so far as they are known to the corporation is taken to be an affidavit by the plaintiff,
(b)  the Crown—an affidavit by an officer of the Crown having knowledge of the facts so far as they are known to the Crown is taken to be an affidavit by the plaintiff, and
(c)  a company to which a liquidator or provisional liquidator has been appointed—an affidavit by the liquidator or provisional liquidator is taken to be an affidavit by the plaintiff.
(3) In subrule (2), Crown includes not only the Crown in right of New South Wales but also the Crown in any other capacity.
rules 80A.15, 80A.16: Ins 10.12.1993. Subst 24.11.1995.

17 Time prescribed (s 465C)

The period prescribed for the purposes of section 465C is a period terminating 2 days before the date appointed for the hearing.
rules 80A.17, 80A.18: Ins 10.12.1993.

18 Evidence in support of winding up application

The evidence in support of an application for the winding up of a corporation shall include:
(a)  an affidavit stating:
(i)  unless the plaintiff is the subject corporation, the capacity in which the plaintiff makes the application under section 459P or section 462 (2),
(ii)  the grounds of the application and a reference to the provision or provisions of the Corporations Law on which the plaintiff relies,
(iii)  the statute under which the subject corporation was incorporated,
(iv)  the date of its incorporation,
(v)  whether or not an administrator has been appointed to the subject corporation and, if so, details of that appointment, as ascertained by a search of the records maintained by ASIC made not earlier than seven days before the summons was filed,
(vi)  whether or not a winding up application was pending or a winding up order had been made against the subject corporation and, if so, details of that application or order, as ascertained by a search of the records maintained by ASIC made not earlier than seven days before the summons was filed, and
(b)  unless the subject corporation is the plaintiff or has entered an appearance, proof of the address of its registered office as ascertained by a search of the records maintained by ASIC made not earlier than 7 days before the summons was filed, supported by a copy of the last or only notice of the address, or change in the situation, of its registered office lodged with ASIC or with any predecessor of ASIC.
rules 80A.17, 80A.18: Ins 10.12.1993.

19 Discontinuance (ss 459 and 461)

Proceedings shall not be discontinued without the leave of the Court, so far as they concern a claim for a winding up order under section 459A or section 461.
rule 80A.19: Ins 10.12.1993. Am 2005 (407), Sch 1 [140].

20 Service of notice of appointment of liquidator or provisional liquidator

(1) Where the Court appoints a liquidator or a provisional liquidator:
(a)  the plaintiff must:
(i)  obtain from the Court and serve on the liquidator or provisional liquidator by delivery or by facsimile transmission to his or her office, a sealed copy of a notice in Form 154F not later than 1 day after the appointment is made, and
(ii)  if the subject Corporation is not the plaintiff—serve a copy of the notice on the subject Corporation by delivery or by facsimile transmission or by pre-paid post to its registered office not later than 1 day after the appointment is made, and
(b)  the liquidator or provisional liquidator must, not later than 7 days after the appointment is made, cause to be advertised a notice in Form 154G or Form 154H, as the case requires.
(2) For the purposes of subrule (1), a sealed or unsealed copy is sufficiently served at an office if the information contained in the copy is transmitted to a facsimile transmission number by a means that reproduces, in that office, the information as it appears in the copy.
rule 80A.20: Ins 10.12.1993.

21 Appeal from registrar: winding up order

(1) An appeal shall lie to the Court constituted by a Judge from a winding up order made by a registrar.
(2) Subject to such changes as it is necessary to make, Divisions 4 and 5 of Part 45 of the Uniform Civil Procedure Rules 2005 apply to an appeal under subrule (1) in the same way as they apply to an appeal under Division 1 of that Part.
(3) (Repealed)
rule 80A.21: Ins 10.12.1993. Am 25.2.1994; 2005 (407), Sch 1 [141]–[143].

22 Remuneration of provisional liquidator (s 473 (2))

(1) An application by a provisional liquidator for determination of his or her remuneration by the Court under section 473 (2) must be made by motion in the winding up proceedings.
(2) Notice of the motion must not be filed until the expiration of 21 days after the applicant has served written notice of intention to apply for such determination in Form 154I together with a copy of the affidavit upon which the applicant intends to rely, on:
(a)  any liquidator of the subject corporation (other than the applicant),
(b)  each member of any committee of inspection, or if there is no committee of inspection, each of the 5 largest creditors of the subject corporation, and
(c)  each member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(3) The liquidator or any creditor or contributory may within 21 days after service of the last of the notices required by subrule (2) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(4) Where the applicant files with the notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (2), and
(b)  stating that he has received no notice of objection to the remuneration claimed,
and the notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(5) The notice of motion must be served on any liquidator, creditor or contributory of the subject corporation who has given notice of objection under subrule (3).
(6) The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the provisional liquidator:
(i)  any reasons known to the applicant why the winding up proceedings have not been determined, and
(ii)  any reasons why the applicant’s remuneration should be determined prior to the determination of the winding up proceedings.
rules 80A.22–80A.27: Ins 10.12.1993.

23 Remuneration of liquidator (s 473 (3))

(1) An application by a liquidator for determination of his or her remuneration by the Court under section 473 (3) must be made by motion in the winding up proceedings.
(2) Notice of the motion must not be filed until the expiration of:
(a)  28 days after the holding of the meeting of creditors referred to in section 473 (4), and
(b)  21 days after the applicant has served notice in form 154I of his or her intention to apply for such determination, together with a copy of the affidavit on which the applicant intends to rely, on:
(i)  each creditor who was present in person or by proxy at the meeting of creditors,
(ii)  each member of any committee of inspection, and
(iii)  any member of the subject corporation whose shareholding represents at least 10 per cent of the issued capital.
(3) Any creditor or contributory may within 21 days after service of the last of the notices required by subrule (2) deliver to the applicant a notice of objection to the remuneration claimed, stating the grounds of objection.
(4) Where the applicant files with the notice of motion an affidavit made after the expiration of the lastmentioned period of 21 days:
(a)  proving service of the notices required by subrule (2) (b), and
(b)  stating that he has received no notice of objection to the remuneration claimed,
and the notice of motion is endorsed with a request that the application be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
(5) The notice of motion must be served on any creditor or contributory of the subject corporation who has given notice of objection under subrule (3).
(6) The evidence in support of the application must include an affidavit stating:
(a)  the nature of the work carried out by the applicant together with a summary of receipts and payments for the relevant period, and
(b)  if at the time of the application the applicant remains the liquidator, any matters delaying the completion of the winding up.
rules 80A.22–80A.27: Ins 10.12.1993.

24 Copy of a report under s 475 (7) (a)

The copy of the report required to be filed with the Court under section 475 (7) (a) shall be a copy certified in writing by the liquidator of the subject corporation to be a true copy of the original report.
rules 80A.22–80A.27: Ins 10.12.1993.

25 Report by the liquidator to the Court: stay of winding up (s 482 (2))

A report by the liquidator to the Court under section 482 (2) may be furnished to the Court by filing it in Form 154J.
rules 80A.22–80A.27: Ins 10.12.1993.

26 Special manager (s 484)

(1) This rule applies to proceedings in the Court under section 484 (which section relates to a special manager).
(2) The liquidator may file an unverified statement in support of the application, instead of an affidavit.
(3) Security is sufficiently given if it is given for any winding up in which the person giving security is appointed a special manager.
(4) The Court may at any time and from time to time give directions for the giving of security in a different amount to the amount for which security was previously given.
(5) Where security is given to the satisfaction of an associate Judge, he shall give a certificate to that effect.
rules 80A.22–80A.27: Ins 10.12.1993.

27 Accounting by special manager (s 484 (2) (a))

(1) Subject to any order of the Court under section 484 (2) (a) the special manager shall furnish his accounts to the liquidator.
(2) The accounts shall be verified by affidavit.
(3) The affidavit may be in Form 154K and subscribed to the accounts.
(4) When the accounts are approved by the liquidator, the totals of the receipts and payments shall be included by the liquidator in his accounts.
rules 80A.22–80A.27: Ins 10.12.1993.

28 Default of special manager

(1) Where any special manager is required by the rules or any direction of the Court to do anything and does not carry out the requirement, the liquidator shall apply to the Court for directions in respect of the default and the Court may make such orders and give such directions as the Court thinks fit.
(2) Without limiting subrule (1), where a special manager is required by the rules or by any order or direction of the Court to pay into Court any sum shown by his account as due from him, and he does not comply with the requirement, the Court may charge him with interest at the rate prescribed for payment of interest by a receiver under rule 26.6 (3) of the Uniform Civil Procedure Rules 2005 on that sum while in his possession as special manager.
(3) This rule does not limit the powers of the Court as to the enforcement of orders or as to the punishment of contempt.
rule 80A.28: Ins 10.12.1993. Am 2005 (407), Sch 1 [144].

29 Complaints concerning liquidator or provisional liquidator (s 536 (1))

(1) The complaint to the Court under section 536 (1) shall be filed with the summons claiming an inquiry under the subsection in respect of the matter complained of.
(2) A complaint under section 536 (1) shall not be inspected or used except by leave of the Court.
rules 80A.29–80A.31: Ins 10.12.1993.

30 Report concerning liquidator or provisional liquidator (s 536 (2))

(1) A report to the Court by ASIC under section 536 (2) shall be filed with the summons claiming orders under the subsection in respect of the matter reported.
(2) A report made under section 536 (2) shall not be inspected or used except by leave of the Court.
rules 80A.29–80A.31: Ins 10.12.1993.

31 Report by the chairman to the Court: meeting of creditors etc (s 547)

A report by the chairman to the Court under section 547 may be made by filing a report in Form 154J.
rules 80A.29–80A.31: Ins 10.12.1993.

32 Appeal from liquidator etc (s 1321)

(1) An appeal to the Court under section 1321 in respect of an act, omission or decision of a receiver, receiver and manager, liquidator or provisional liquidator, appointed by the Court, shall be instituted by motion in the proceedings in which the appointment was made, within 28 days after the date on which the person who wishes to appeal receives notice of the act, omission or decision.
(2) (Repealed)
(3) A person mentioned in section 1321 (a), (b), (c), (ca), or (d) may, on application in writing made to that person before the expiration of the time limited by subrule (1) (other than the time extended by the Court) for instituting an appeal from that person’s act, omission or decision, grant, by notice in writing, an extension of that time and, where that person does so, he or she shall deliver the notice to the applicant who shall file the notice with the summons or notice of motion (as the case may be) instituting the appeal.
rule 80A.32: Ins 10.12.1993. Subst 24.2.1995. Am 2005 (407), Sch 1 [145] [146].

33 Release of liquidator (s 480)

(1) An application by a liquidator for:
(a)  an order under section 480 (c) that he or she be released, or
(b)  an order under section 480 (d) that he or she be released and that the subject corporation be dissolved,
must be made by motion in the winding up proceedings.
(2) An application by a liquidator for an order under section 480 (c) that he or she be released must state the grounds on which it is contended that the subject corporation should not be dissolved.
(3) Unless the Court otherwise orders, the liquidator must, not less then 21 days prior to filing notice of the motion:
(a)  send:
(i)  a notice in form 154L,
(ii)  a copy of the application for release,
(iii)  a copy of the summary of receipts and payments, and
(iv)  a copy of the statement showing the subject corporation’s position,
by prepaid post to each creditor who has proved his or her debt and to each contributory, and
(b)  cause notice of the application in form 154M to be published in the Commonwealth of Australia Gazette.
(4) Where a liquidator applies for an order under section 480 (c) or section 480 (d), he or she shall file with notice of the motion:
(a)  a summary of receipts and payments in the winding up,
(b)  a statement showing the position of the subject corporation at the date the application was filed, and
(c)  an affidavit:
(i)  stating whether the whole of the property of the subject corporation has been realised, or whether so much of the property of the subject corporation has been realised as can be realised without needlessly prolonging the liquidation,
(ii)  stating details of any calls made upon contributories in the course of the winding up,
(iii)  stating details of any dividends paid in the course of the winding up,
(iv)  stating whether the committee of inspection, if any, has passed a resolution approving of the liquidator’s release,
(v)  stating whether ASIC has appointed an auditor to report on an account or a statement of the position in the winding up under section 539 (2),
(vi)  stating whether the Court has ordered a report on the accounts of the liquidator to be prepared,
(vii)  stating whether any objection has been received by the liquidator to his or her release as liquidator of the subject corporation from any auditor appointed by ASIC or by the Court or from any creditor, contributory or other person interested,
(viii)  stating whether any report has been submitted by the liquidator to ASIC under section 533,
(ix)  stating whether the unsecured creditors of the subject corporation have been paid more than 50 cents in the dollar and whether it is otherwise necessary to report on the affairs of the subject corporation or its officers,
(x)  stating details of any onerous property disclaimed in the course of the winding up,
(xi)  stating details of any costs and expenses payable by the liquidator if the Court grants his or her release,
(xii)  annexing a copy of:
(A)  the notice sent to each creditor and contributory in compliance with paragraph (a) of subrule (3), and
(B)  the notice published in the Commonwealth of Australia Gazette in compliance with paragraph (b) of subrule (3), and
(xiii)  including statements by the liquidator to the following effect:
(A)  “To the best of my belief there has been no act done or default made by me in the administration of the affairs of the subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory” and, where applicable, add “except as disclosed in this affidavit”,
(B)  “I am not aware of any claim made by any person that there has been any such act or default” and, where applicable, add “except as disclosed in this affidavit”.
(5) A creditor or contributory who wishes to object to the grant of release to a liquidator must deliver to the liquidator a notice of objection stating the grounds of objection within 21 days of publication of the notice referred to in subrule (3) (b).
(6) Where the applicant files with the notice of motion an affidavit made after the expiration of the 21 days:
(a)  proving compliance with subrule (3), and
(b)  stating that he has received no notice of objection to the release,
and the notice of motion is endorsed with a request that the application be determined or dealt with in the absence of the public and without an attendance by or on behalf of the applicant, the application may be so determined or dealt with by the Court.
rule 80A.33: Ins 10.12.1993. Am 25.2.1994.

34 Exercise of Court’s power by liquidator (s 488 (1))

Subject to the Corporations Law, the Corporations Regulations, this Part, and any order of the Court, the powers and duties conferred on the Court by Part 5.4B of the Corporations Law in respect of the matters referred to in section 488 (1) may be exercised by the liquidator as an officer of the Court and subject to the control of the Court.
rules 80A.34, 80A.35: Ins 10.12.1993.

35 Destruction of books (s 542 (3) (a))

(1) An application for an order under section 542 (3) (a) must be made by motion in the winding up proceedings.
(2) Where notice of the motion is endorsed with a request that the application be dealt with by the Court in the absence of the public and without an attendance by or on behalf of the applicant, the application may be so dealt with by the Court.
rules 80A.34, 80A.35: Ins 10.12.1993.

Division 8 Examinations

pt 80A, div 8: Ins 10.12.1993.

36 Examination of persons concerned with corporations (Part 5.9 Division 1)

(1) This rule applies to proceedings on an application to the Court for a summons under section 596A or section 596B (in these rules referred to as an Examination Summons).
(2) The summons by which the application is made shall be served:
(a)  where a liquidator has been appointed, unless he is the applicant—on the liquidator, and
(b)  unless ASIC is the applicant—on ASIC,
and need not be served on any other person unless the Court so directs.
(3) The applicant shall, when making the application, lodge in the registry a draft of the Examination Summons applied for.
(4) An affidavit referred to in section 596C must set out:
(a)  the facts relied on to establish that the applicant is an eligible applicant for the purposes of section 596B,
(b)  the facts relied on to establish the matters referred to in section 596B (1) (b), and
(c)  if production of books is to be required—the deponent’s belief that the books, the production of which is sought, are reasonably required for the purposes of the examination and the grounds for that belief.
(5) An affidavit or other material filed in support of an application for an Examination Summons shall not, except with the leave of the Court, be open to inspection by any person other than the liquidator or any person authorised by ASIC.
(6) An Examination Summons shall be in form 154N.
(7) The applicant shall cause notice of the time and place appointed for the holding of an examination (but not, unless the Court so orders, for the holding of an adjourned examination) to be advertised.
(8) An Examination Summons shall be served personally on the person who is to be examined.
(9) Where the Court makes an order under section 597 (13), the written record, signed if so required by the Court under that subsection, shall be filed in the registry.
(10) Where:
(a)  the examination of a person under section 597 is held wholly or partly in public, and
(b)  a written record or transcript of the questions put to the person and the answers given by the person at the examination is filed in the registry,
the registrar shall, upon application by the person made within 3 years of the date of the conclusion of the examination and payment of the prescribed fee, furnish to the person a copy of the written record or transcript of such part of the examination as is held in public.
(11) A transcript is authenticated under section 597 (14) if the person who prepared the transcript, or under whose supervision the transcript was prepared, certifies in writing signed by that person that the transcript is a true record of the examination.
(12) In this rule, liquidator includes a provisional liquidator.
rule 80A.36: Ins 10.12.1993. Am 2005 (407), Sch 1 [147].

37 Default in relation to an examination

(1) When a person is summoned under an Examination Summons and the examination is, or is to be, held before the Court constituted by a registrar, and that person (in this rule referred to as the person in default):
(a)  fails to attend as required by the Examination Summons,
(b)  fails to attend from day to day until the conclusion of the examination,
(c)  refuses or fails to take an oath or make an affirmation,
(d)  refuses or fails to answer a question that the Court directs him or her to answer,
(e)  refuses or fails to produce books that the Examination Summons requires him or her to produce, or
(f)  fails to comply with a requirement by the court to sign a written record of the examination,
and if, in the case of a failure or refusal referred to in paragraphs (a), (b), (c), (d) or (e), it does not appear to the registrar that there was any reasonable excuse, the registrar must, on the request of any person entitled to take part in the examination, give to that person a signed certificate of the failure or refusal.
(2) On application by a person to whom such a certificate has been given, the Court, if satisfied that there has been a contravention of section 597 (6), (7) or (13), may order the person in default to do the relevant act and to pay any costs occasioned by the failure or refusal.
(3) On an application under subrule (2), a signed certificate given under subrule (1) constitutes evidence of the matters certified.
rule 80A.37): Ins 10.12.1993.

Division 9 Winding up of bodies other than companies

pt 80A, div 9 (rule 38): Ins 25.2.1994.

38 Winding up of bodies other than companies (s 583)

The rules apply, with such adaptations as are necessary, to a body to which Part 5.7 of the Corporations Law applies as they apply to a company.

Part 81

1–40 (Repealed)

pt 80A, div 9 (rule 38): Ins 25.2.1994.

pt 81: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

pt 81, div 1: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rule 81.1: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rule 81.2: Ins 30.8.1985. Am 10.12.1993; 22.12.1995. Rep 2006 (405), Sch 1 [2].

rule 81.3: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rule 81.4: Ins 30.8.1985. Subst 10.12.1993. Rep 2005 (407), Sch 1 [148].

rule 81.5: Ins 30.8.1985. Am 2005 (407), Sch 1 [149]. Rep 2006 (405), Sch 1 [2].

rule 81.6: Ins 30.8.1985. Rep 2005 (407), Sch 1 [150].

rule 81.7: Ins 30.8.1985. Am 26.9.1986; 23.12.1988; 10.12.1993; 2005 (407), Sch 1 [151] [152]. Rep 2006 (405), Sch 1 [2].

rule 81.8: Ins 30.8.1985. Rep 2005 (407), Sch 1 [153].

rule 81.9: Ins 30.8.1985. Am 10.12.1993; 13.6.2003; 2005 (407), Sch 1 [154]. Rep 2006 (405), Sch 1 [2].

rules 81.10, 81.11: Ins 30.8.1985. Am 10.12.1993. Rep 2006 (405), Sch 1 [2].

rule 81.12: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rules 81.13, 81.14: Ins 30.8.1985. Rep 10.12.1993.

rule 81.15: Ins 30.8.1985. Rep 22.11.1985.

rule 81.16: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

pt 81, div 2: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rule 81.17: Ins 30.8.1985. Subst 10.12.1993. Rep 2006 (405), Sch 1 [2].

rule 81.18: Ins 30.8.1985. Am 26.9.1986. Subst 10.12.1993. Rep 2006 (405), Sch 1 [2].

rules 81.19–81.22: Ins 30.8.1985. Subst 10.12.1993. Rep 2006 (405), Sch 1 [2].

rule 81.23 (previously rule 36): Ins 30.8.1985. Renumbered 10.12.1993. Rep 2006 (405), Sch 1 [2].

rules 81.23–81.35: Ins 30.8.1985. Rep 10.12.1993.

rule 81.36: Renumbered as rule 23,10.12.1993.

pt 81, div 3: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rule 81.37: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

rule 81.38: Ins 30.8.1985. Subst 22.12.1995. Rep 2006 (405), Sch 1 [2].

rules 81.38A–81.38C: Ins 22.12.1995. Rep 2006 (405), Sch 1 [2].

pt 81: Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

pt 81.div 4 (Rules 81.39, 81.40): Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

Part 82 Public Notaries Act 1997

pt 82: Ins 3.1.1986. Subst 19.12.1997.

1 Interpretation

In this Part, unless the context or subject-matter otherwise indicates or requires:
(a)  Board means the Legal Practitioners Admission Board,
(b)  notary means a person appointed under the Public Notaries Act 1997,
(c)  roll means the roll of notaries mentioned in section 7 of the subject Act,
(d)  subject Act means the Public Notaries Act 1997.
rule 82.1: Ins 3.1.1986. Am 17.11.1989. Subst 19.12.1997.

2 Application by person approved by Board

A person who has been approved by the Board as a suitable candidate for appointment as a notary may, unless the Court otherwise orders, apply for appointment without having filed any originating process in the Court.
rule 82.2: Ins 3.1.1986. Am 26.9.1986; 22.9.1989. Subst 19.12.1997.

3 Appointment in the absence of the public etc

On an application under rule 2, the Court may make an order in the absence of the public and without any attendance by or on behalf of any person, unless the plaintiff has filed a request that the application not be dealt with under this rule.
rule 82.3: Ins 3.1.1986. Am 14.2.1986. Subst 19.12.1997.

4 Taking oath etc

(1) An applicant for appointment under section 6 of the subject Act shall, before applying to the Court for appointment, attend at a registry of the Court on appointment and:
(a) take the oath of office prescribed in Form 157, and
(b) sign a certificate that the oath was duly tendered and taken.
(2) A registrar may administer the oath of office.
rule 82.4: Ins 3.1.1986. Subst 19.12.1997. Am 24.4.1998 (see erratum 1.5.1998).

5 Particulars to be entered in the roll

The officer designated under section 7 of the Act as the registrar of public notaries shall enter in the roll:
(a)  the date of the notary’s appointment,
(b)  particulars of any penalty imposed on the notary as the result of disciplinary action, and
(c)  where the name of the notary is removed from the roll, the date of removal and the provision under which the removal was authorised.
rule 82.5: Ins 3.1.1986. Am 24.2.1989; 22.9.1989; 13.12.1991; 30.10.1992; 24.6.1994. Subst 19.12.1997. Am 24.4.1998 (see erratum 1.5.1998).

6 (Repealed)

rule 82.6: Ins 3.1.1986. Subst 19.12.1997. Rep 2005 (407), Sch 1 [155].

7 Application under the Mutual Recognition Act

(1) This rule applies to proceedings commenced by notice under Section 19 (1) of the Mutual Recognition Act.
(2) The notice must, unless the Court otherwise orders:
(a)  be lodged by filing it in the registry at Sydney,
(b)  show the name, residential address and business address of the applicant,
(c)  where the applicant is represented by a solicitor, show:
(i)  the name, address and telephone number of the solicitor, and
(ii)  if that solicitor has another solicitor as agent in the proceedings—the name, address and telephone number of the agent,
(d)  show an address for service,
(e)  be dated not more than 14 days before the date on which it is filed, and
(f)  be accompanied by a certificate which:
(i)  evidences the existing registration which gives rise to the entitlement of the applicant under the Mutual Recognition Act to entry in the roll,
(ii)  is given by the proper officer of the Supreme Court of the State or Territory where such existing registration occurred unless the document mentioned in Section 19 (3) of the Mutual Recognition Act, accompanying the notice, fulfils the requirements of this paragraph.
(3) The applicant shall, on or before the day of filing, serve the notice and accompanying documents on the Society of Notaries of New South Wales Incorporated and the Board and shall file an affidavit of service within 14 days of filing the notice.
(4) The applicant shall:
(a)  prior to, or
(b)  within 14 days after,
filing the notice, attend at a registry of the Court or at the office of the Supreme Court of his or her State or Territory and take the oath of office as a notary in Form 159A, and cause the certificate included in that form to be completed and shall:
(c)  at the time of, or
(d)  within 14 days after,
filing the notice, file the form of oath and the certificate.
(5) Notwithstanding rule 31.2 of the Uniform Civil Procedure Rules 2005:
(a)  the statements and other information in the notice which are verified by statutory declaration,
(b)  the document mentioned in section 19 (3) of the Mutual Recognition Act, certified under section 19 (4) of that Act, accompanying the notice, and
(c)  the certificate referred to in subrule (2) (f),
are admissible in evidence and, unless the Court otherwise orders, shall not be the subject of oral evidence by the applicant.
(6)   (Repealed)
(7) The Court may, of its own motion, obtain information under section 37 of the Mutual Recognition Act and such information is admissible in evidence without further proof.
(8) The application for enrolment made by the notice may be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.
(9) If the Court is satisfied that the applicant is entitled to enrolment, it shall order that the applicant be appointed as a notary.
rule 82.7: Ins 3.1.1986. Am 24.2.1989. Rep 17.11.1989. Ins 19.12.1997. Am 2005 (407), Sch 1 [156] [157].

8 Certificate of appointment

A person appointed as a notary shall be entitled to receive a certificate bearing the seal of the Court.
rule 82.8: Ins 3.1.1986. Rep 19.12.1997. Ins 22.10.1999.
rules 82.9–82.14: Ins 3.1.1986. Rep 19.12.1997.
rule 82.15: Rep 17.11.1989.
rules 82.16, 82.17: Ins 3.1.1986. Rep 19.12.1997.
rule 82.18: Ins 3.1.1986. Subst 24.9.1993. Rep 19.12.1997.
rules 82.19–82.21: Ins 3.1.1986. Rep 19.12.1997.

Part 83

1–5 (Repealed)

pt 83: Ins 23.12.1988. Subst 23.10.1998. Rep 2006 (405), Sch 1 [2].

rules 83.1–83.3: Ins 23.12.1988. Subst 23.10.1998. Rep 2005 (407), Sch 1 [158].

rule 83.4: Ins 23.10.1998. Rep 2005 (407), Sch 1 [158].

rule 83.5: Ins 23.10.1998. Rep 2006 (405), Sch 1 [2].

Part 84 Crimes (Administration of Sentences) Act 1999

pt 84 (rules 1–3): Ins 2006 (137), Sch 1 [4].

1 Application by offender for direction relating to decision of Parole Authority

An application to the Court by an offender under section 155 or 176 of the Crimes (Administration of Sentences) Act 1999 in relation to a decision of the Parole Authority is to be made by sending the application in Form 161 to the Registrar.

2 Application by State for direction relating to decision of Parole Authority

An application to the Court by the Attorney General or the Director of Public Prosecutions under section 156 or 177 of the Crimes (Administration of Sentences) Act 1999 in relation to a decision of the Parole Authority is to be made by sending the application in Form 162 to the Registrar.

3 Secretary of Parole Authority to forward documents to Registrar

(1) On the request of the Registrar, the Secretary of the Parole Authority must, unless the Court otherwise orders, forward the following material to the Registrar concerning the decision to which a relevant application relates:
(a) copies of any reports, documents, submissions and other information placed before the Authority when it made the decision,
(b) a copy of that part of the minutes of the Authority in which the reason for the decision was recorded.
(2) In this rule:
relevant application means an application made under section 155, 156, 177 or 178 of the Crimes (Administration of Sentences) Act 1999.

Schedules A–C (Repealed)

Schedule D Powers of associate Judges

Pt 60, r 1A.

sch D, hdg (side note to heading): Am 23.9.1988.

Part 1 Powers under NSW and Commonwealth Acts and regulations

Column 1	Column 2	Column 3
Act or regulation and provision	Description	Restriction
Administration of Justice Act 1924:
• section 5	Enforcement of judgment of British dominion
Arbitration (Civil Actions) Act 1983:
• section 12 (1)	Order to witness to attend
Bills of Sale Act 1898:
• section 4B	Extension of time for registering, filing etc
Business Names Act 1962:
• section 14	Persons in default; orders for compliance or stay of proceedings
Business Names Act 2002:
• section 23 (2)	Contraventions of Act; orders for compliance or adjournment of proceedings
Charitable Fundraising Act 1991:
• section 32	Disposition of assets
Commercial Arbitration Act 1984:
• section 18 (1)	Examination before the Court
• section 30	Correcting award
• section 35 (1) (a)	Delivery of award
• section 36	Costs of abortive arbitration
• section 46 (2) (a)	Terminating proceedings for delay
• section 48	Extension of time	For making award only
• section 53	Stay of proceedings
• section 54	Interpleader
• section 60 (d)	Service of notices
Companies Act 1961:
• section 363	Security for costs
Companies Code:
• section 123	Reduction of capital
• section 212	Rectification of Register of Company Charges
• Part 12, Division 2	Winding up by the Court	Except sections 377 (5) and 388
• section 396 (4)	Members’ voluntary winding up: meeting
• section 401	Creditors’ voluntary winding up
• section 402	Creditors’ voluntary winding up: recognized company
• section 406	Voluntary winding up: remuneration of liquidator
• Part 12, Division 4	Winding up: companies	In a winding up by the Court and except sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code
• Part 12, Division 6	Winding up: bodies other than companies	Except in respect of sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code
• section 533	Security for costs, etc
• section 536	Directions: meetings ordered by the Court
• section 539	Irregularities, extension of time, etc	Restricted orders or declarations in or for the purposes of proceedings for other relief under the Code which the associate Judge may grant
• section 541	Examination of persons concerned with corporations
Companies (New South Wales) Regulations—
• regulation 78	Liquidator’s account
• regulation 81	Deposit with liquidator
• regulation 87	Costs of meeting
• regulation 90	Adjournment of meeting
• regulation 96	Votes of secured creditors
• regulation 118	Bills of exchange
• regulation 123	Costs of proof
• regulation 125	Dealing with proof
• regulation 126	Time for appeal
• regulation 134	Time for appeal
• regulation 143	Distribution of surplus
Confiscation of Proceeds of Crime Act 1989:
• section 77	Registration of interstate forfeiture order etc
• section 82 (1)	Order for cancellation of registration of interstate forfeiture order etc
Contractors Debts Act 1997:
• section 14	Attachment order
Conveyancers Licensing Act 1995:
• section 77	Directions relating to a receiver
• section 85	Bill of costs
Conveyancing Act 1919:
• section 36A	Division of chattels
• section 66G	Trustees for sale
• section 89	Modification of easements, etc
• section 98 (1)	Amount due by absent, etc mortgagee
Corporations Act 2001 of the Commonwealth:
• section 274	Rectification of register of company charges
• Part 5.3A	Administration of company’s affairs with view to executing deed of company arrangement
• Part 5.4	Winding up
• section 461	Winding up	Where the application is not opposed
• Part 5.4B	Winding up	Except ss 472 (2), (3) and (6), 486A, 486B and 487
• section 495 (4)	Members’ voluntary winding up: meeting
• section 500	Creditor’s voluntary winding up
• section 504	Voluntary winding up: remuneration of liquidator
• Part 5.6	Winding up: companies	In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2) and 568
• Part 5.7	Winding up: bodies other than companies	Except in respect of ss 532 (2), 536, 540 (1), 544 (2) and 568
• section 597	Examination of persons concerned with corporations
• section 1274	Directions to make good default in lodgement of documents
• section 1319	Directions, meetings ordered by the Court
• section 1321	Appeals from decisions of receivers, liquidators etc	Restricted to appeals in respect of decisions under section 430 (3) or 475 (8) of the Corporations Act 2001
• section 1322	Irregularities, extension of time etc	Restricted to orders or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the associate Judge may grant
• section 1324	Injunctions	Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back
• section 1335	Security for costs etc
Corporations Regulations 2001 of the Commonwealth:
• Part 5.6	Winding up
Damages (Infants and Persons of Unsound Mind) Act 1929:
• section 4	Sanctioning settlements, etc
• section 5	Directions, etc, as to money paid to Public Trustee
• section 7	Assessments, directions, certificates and references as to costs
District Court Act 1973:
• section 143	Transfers to District Court
• section 145	Removal of proceedings
Exotic Diseases of Animals Act 1991:
• section 62	Disputed claims for compensation
Family Provision Act 1982	Family provision
Foreign Judgments Act 1973:
• sections 6, 8, 9	Enforcement of judgment of a country
Foreign Judgments Act 1991 of the Commonwealth:
• sections 6, 7, 8, 9	Enforcement of judgment of a country
Insurance Act 1902:
• section 17A (1)	Joinder of insurer etc
International War Crimes Tribunals Act 1995 of the Commonwealth:
• section 45 (1)	Registration of a forfeiture order
Judgment Creditors’ Remedies Act 1901:
• Part 5	Charging orders
Jury Act 1977:
• section 38 (1) (b)	Excusing juror
Land and Environment Court Act 1979:
• section 72	Transfer to Land and Environment Court
Landlord and Tenant Act 1899:
• section 2A (3)	Time for writ of possession
• section 9 (1)	Payment into Court
• section 9 (2)	Direction for entry of judgment
• section 10	Stay
• section 27 (2)	Relief relating to bond
• section 27 (3)	Cancellation of bond
Legal Profession Act 1987:
• section 80 (7) (d)	Claim against Fidelity Fund; time
• section 87 (4) (b)	Final date for claim against Fund
• section 90C	Enforcement against Fund
• section 102	Directions relating to a receiver
• section 208L	Appeal against decision of costs assessor
• section 208M	Leave to appeal, appeal: determination of costs assessor
• section 208N	Suspension of costs determination and ending suspension
• section 209C	Order for barrister or solicitor to give to a client a bill of costs or certain documents
Limitation Act 1969:
• section 58 (2)	Extension of limitation period—personal injury action not surviving
• section 59 (2)	Extension of limitation period—personal injury action which survives
• section 60 (2)	Extension of limitation period—compensation to relatives claim
• sections 60C–60H	Personal injury cases
• section 73 (1)	Extension of limitation period—arbitration
• Schedule 5 clause 5 (5)	Transitional provisions
Married Persons (Equality of Status) Act 1996:
• section 13	Fraudulent investment of spouse’s money
Minors (Property and Contracts) Act 1970:
• section 41 (3)	Removal of proceedings
Motor Accidents Act 1988:
• section 42 (4)	Explanation for non compliance
• section 42 (5)	Allow proceedings to continue
• section 43A (7), 44B	Dismiss proceedings
• section 47A	Joinder of insurer
• section 48	Co-operation with person against whom claim made and the person’s insurer
• section 52 (4)	Commencing proceedings
• section 66A (1)	Joinder of insurer
Motor Accidents Compensation Act 1999:
• section 36 (5)	Extension of time for giving notice
• section 36 (7), (8)	Joinder of Nominal Defendant
• section 70 (2)	Explanation for non- compliance
• section 70 (3)	Allow proceedings to continue
• section 73 (4), 76	Dismiss proceedings
• section 79	Joinder of insurer
• section 85	Co-operation with person against whom claim made and the person’s insurer
• section 109 (1)	Commencing proceedings
• section 119 (1)	Joinder of insurer
Motor Vehicles (Third Party Insurance) Act 1942:
• section 14E (1) and (2)	Joint hearing and transfer
Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth:
• section 34A	Registration of a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order
• section 34A (5)	Registration of amendment to a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order
• section 34G	Order cancelling registration
Offshore Minerals Act 1994 of the Commonwealth:
• section 351 (1) (a)	Removal of caveat
• section 351 (1) (c)	Extending caveat
• section 351 (2)	Non-registration of further caveat
Offshore Minerals Act 1999:
• section 351 (1) (a)	Removal of caveat
• section 351 (1) (c)	Extending caveat
• section 351 (2)	Non registration of further caveat
Probate and Administration Act 1898 (including former provisions of the Wills, Probate and Administration Act 1898 with continuing application):
• former section 13	Gifts to interested witnesses
• former section 15A	Effect of termination of marriage
• section 84	Application for legacy, etc
• section 146	Caveat: application for grant to proceed
Proceeds of Crime Act 1987 of the Commonwealth:
• section 23A (2)	Direction to DPP to give or publish notice of registration
Proceeds of Crime Act 2002 of the Commonwealth:
• Division 1 of Part 2-2	Forfeiture order
Property (Relationships) Act 1984	De facto relationships Domestic relationships
Property, Stock and Business Agents Act 1941:
• section 83J	Directions relating to a receiver
• section 83V	Directions relating to a receiver
Property, Stock and Business Agents Act 2002:
• section 160	Directions relating to a receiver
• section 161	Directions relating to a receiver
Real Property Act 1900:
• section 74D (2)	Extending caveat
• section 74K (2)	Extending caveat
• section 74MA (2)	Withdrawal of caveat
• section 74O	Further caveat
Service and Execution of Process Act 1992 of the Commonwealth:
• section 17 (1)	Shortening of time for appearance
• section 57 (1)	Leave to serve a subpoena outside the State etc
• section 67 (1)	Order to produce
• section 76 (1)	Leave to serve a subpoena outside the State etc
• section 79 (1)	Order to produce
Testator’s Family Maintenance and Guardianship of Infants Act 1916	Maintenance	Except sections 13 to 21 inclusive (guardianship)
Trustee Act 1925:
• section 63	Judicial advice
• section 70	New trustees
• section 71	Vesting orders
• section 75 (1)	Deceased mortgagee
• section 81	Advantageous dealings
• Part 4	Payment into Court	Except section 97 (2)
Trustee Companies Act 1964:
• section 15B (4)	Directions
• section 21 (2)	Ordering account
• section 22	Ordering audit
• section 27 (1)	Payment out
Workers Compensation Act 1987:
• section 151A (5) (as continued in effect by Part 18C of Schedule 6)	Leave to revoke election
• section 151C	Commencing proceedings
• section 151D	Commencing proceedings

Part 2 Limitations of powers under provisions of the rules

Column 1	Column 2	Column 3
Rules of court and provision	Description	Extent of power
Supreme Court Rules 1970:
Part 14A	Technology and Construction List
Part 49—
Rule 3 (4) (b)	Discharging or varying judgment or order.
Part 54	Prerogative and other orders	Where paragraph 5 of Part 3 of this Schedule applies.
Part 55—
Rules 2, 4, 6, 8, 13, 14.	Contempt in the face or hearing of the Court.	Where paragraph 6 of Part 3 of this Schedule applies.
Rule 10	Arrest
Part 60	associate Judges
Part 68—
Rule 8 (2)	General administration of an estate.
Rule 9	Conduct of sale of property
Part 69	Infants’ Custody and Settlements Act Rules.
Part 70—
Rule 9 (1)	Affidavit of fitness of new trustee.
Rule 11 (3)	Joining a defendant
Rule 14	Notice of payment into Court
Rule 15	Inquiries relating to application of funds.
Part 73	Adoption of Children
Part 75	Criminal proceedings
Part 76	Protective business	Except as provided in Part 76.
Part 78	Probate	Under Part 78 rules 34B (gift to witness), 60 (citation), 63, 69 and 70 (caveat).
Uniform Civil Procedure Rules 2005:
Part 51	Court of Appeal

Part 3 General

Trial (except with a jury) of proceedings, where the only matters in question are the amount of damages and costs.

Trial (except with a jury) of proceedings where the only matters in question are the value of goods and costs or the amount of damages, the value of goods and costs.

Trial of proceedings pursuant to a direction under rule 9 of Part 56 (which relates to interpleader).

(Interest up to judgment) Trial of proceedings where the only matters in question are interest under section 94 of the Act and costs.

Any:

(a) trial or hearing of proceedings (except with a jury), or

(b) matter (other than a matter of proceedings tried or to be tried with a jury),

where referred to an associate Judge by an order of a Judge or of the Court of Appeal.

(c), (d) (Repealed)

An appeal from, or an application for prerogative or declaratory relief relating to, the Consumer, Trader and Tenancy Tribunal.

Proceedings referred to an associate Judge by a Judge where those proceedings are an appeal from, or an application for prerogative or declaratory relief relating to, the Administrative Decisions Tribunal.

An appeal from a Local Court in any civil matter.

Punishment for contempt in the face of the Court or in the hearing of the Court, where the Court is constituted by the associate Judge concerned, and punishment for breach of an undertaking given to the Court constituted by an associate Judge.

Under section 16 of the Act, the application of the Act to, and the effect of the repeals and amendments made by the Act on, proceedings commenced in the Court before the commencement of the Act.

(Possession of land) Trial or hearing of proceedings (except with a jury) where:

(a) the only matter in question is a claim for the possession of land, or

(b)  the only matters in question are a claim for the possession of land and one or more of the following:
(i)  a claim or cross-claim for damages,
(ii)  a claim or cross-claim for other money,
(iii)  a claim or cross-claim for costs.

(Costs) Hearing of proceedings where the only matter in question is the matter of costs.

Payment, transfer or delivery out of Court, and investment, of funds in Court in the Equity Division.

Proceedings for perpetuation of testimony.

Orders under section 100 of the Act (which section relates to an appointment to execute an instrument).

(Extension of time for action) Under any provision mentioned in Schedule 1 of the Notice of Action and Other Privileges Abolition Act 1977 to which section 3 to that Act (which section relates to a cause of action accrued before the commencement of that Act) applies.

(Lost bond or debenture) Orders under any provision by or under any Act that a debenture or bond issued by a corporation constituted by that Act, or a coupon annexed to that debenture or bond, has been lost or destroyed or defaced and directions by or under that Act for advertisement relating to that debenture, bond or coupon.

Orders under any provision made by or under any Act for the appointment of a receiver of the income of a corporation which is constituted by that Act and which makes default in payment to the holder of any debenture, or coupon, issued or stock inscribed by that corporation.

Order under section 95 of the Act (which section relates to interest on money payable under a judgment).

(Running down cases) Trial (except with a jury) of proceedings to which section 87 of the Act applies (which section relates to running down cases).

17A

Trial (except with a jury) of proceedings in the Common Law Division on a claim in which:

(a) damages are claimed in respect of the death of or personal injuries to any person,

(b)  damages are claimed in respect of damage to property and:
(i)  the proceedings include a claim in respect of the death of or personal injuries to any person, and
(ii)  if separate proceedings were brought in respect of:
(A)  the claim referred to in subparagraph (i), and
(B)  the claim in respect of damage to property,
some common question of fact would arise in both claims, or

(c) contribution is claimed under Part III of the Law Reform (Miscellaneous Provisions) Act 1946 in respect of damages of the nature referred to in paragraph (a) or (b).

(Companies Code) An appeal under section 538 of the Companies (New South Wales) Code in respect of a decision under section 329 (3) or section 375 (8) of that Code (which subsections relate to the costs, etc, of a person making a report to a receiver or liquidator).

(Associations Incorporation Act) Appeal under section 58 of the Associations Incorporation Act 1984 in respect of a decision under section 375 (8) of the Companies Code in relation to an incorporated association (which subsection relates to the costs, etc of a person making a report to a liquidator).

20, 21 (Repealed)

Trial (except with a jury) of proceedings under section 205F (1) or section 206 (6) or section 207 (2) or section 243T (3) of the Customs Act 1901 of the Commonwealth.

Trial (except with a jury) of proceedings under section 69E (1) or section 69L or section 69R (3) or section 69W (4) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the Commonwealth.

Trial (except with a jury) of any proceedings arising out of or under the Partnership Act 1892 or any question arising in proceedings where the plaintiff alleges the plaintiff and any defendant were partners and that the partnership has terminated.

Trial (except with a jury) of proceedings for any of the following matters:

(a) the foreclosure or redemption of a mortgage or the enforcing of any charge or lien,

(b) the specific performance, rectification, delivery up or cancellation of any agreement for the sale or purchase of any property or the lease of any property,

(c) relief against fraud or mistake,

(d) the execution of a trust or a declaration that a trust subsists,

(e) the administration of the estate of a deceased person,

(f) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which paragraph (a), (b), (c), (d) or (e) applies).

Trial (except with a jury) of any proceedings in the Equity Division in which all the parties are related to each other by blood or marriage (other than adoption proceedings or matters arising in the Court’s parens patriae jurisdiction).

Trial (except with a jury) of any proceedings arising out of or under the Frustrated Contracts Act 1978, the Contracts Review Act 1980 or the Fair Trading Act 1987.

In proceedings in which an associate Judge has jurisdiction to determine a matter under these rules, any inherent jurisdiction of the Court to decide any associated or appendant matter in issue in the proceedings.

Any jurisdiction of the Court that is exercisable by a registrar of the Court.

sch D: Subst 20.10.1972.

Schedule E (Repealed)

sch E: Rep 2005 (407), Sch 1 [162].

Schedule F Forms

Pt 1, r 11.

Explanatory notes:

1. See Parts 1 and 65 generally, Part 66 rule 9, Part 76 rule 3 (protective proceedings), Part 78 rules 3 and 4 (probate proceedings).

2. Where a party is appearing in person, the appropriate alterations should be made to these forms.

3. The heading and title must appear in these forms as indicated in Form 1 unless otherwise indicated or required. As to the title, see Part 65 rule 1, Part 6 rule 3, Part 73 rules 4 and 5 (Adoption Act 2000), Part 77 rule 24 (Testators’ Family Maintenance etc Act 1916), Part 77 rule 56 (Family Provision Act 1982), Part 76 rule 3 (protective proceedings), Part 78 rules 3 and 4 (probate proceedings), Part 80 rule 3 (Companies Code) and Part 80A rule 3 (3) (Corporations Law and ASC Law). The description of each form is part of the form.

4. Where Part 65 rule 8 and Part 66 rule 9 apply to a form, the form should conclude in accordance with form 4.

5. Underlining is not necessary.

6. Where Registrar appears, Prothonotary should be substituted if the proceedings are in the Common Law Division (section 119).

7. The requirements for folding a document and for a backsheet have been discontinued. See Form 1.

Form 1

(First page of a document. See Part 65 rule 1.)

(Leave clear a space of about 50 millimetres from the top of the page.)

IN THE SUPREME COURT OF NEW SOUTH WALES SYDNEY (or as the case may be) REGISTRY COMMON LAW (or as the case may be) DIVISION S10 of 19 (or as the case may require: see Part 1 rule 10 (1) and Part 65 rule 1 (1))	(Do not describe the document here. The substance of the document shall be written within this space. A margin of not less than 25 millimetres shall be kept clear on the left hand side of the page. The dividing line to the left hand side shall be about 75 millimetres from the left hand edge of the page. The substance of a statement of accounts may commence on the following page. Where there is insufficient space on the left hand side of the page to include particulars of all the parties, this space may also be used to include particulars of parties and the substance of the document may be commenced on the following page.
(Describe the document) NOTICE OF MOTION (or, in the case of an affidavit) AFFIDAVIT (and show the name of the deponent and date of swearing) J. Smith 7 May 19	Above “COMMON LAW DIVISION”in the margin name the registry at the place for trial or hearing. In respect of proceedings under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 omit “plaintiff” from the title and insert instead “appellant” and omit “defendant” from the title and insert instead “respondent”.
Filed for (Full name of filing party) HENRY JONES	Highlight the name of the document and the filing party by including a solid line above and below that information.)
JOHN LEE plaintiff JAMES STYLES defendant CROSS-CLAIM JAMES STYLES Cross-claimant JOHN LEE and HENRY JONES Cross-defendants SECOND CROSS-CLAIM HENRY JONES Cross-claimant WILLIAM SMITH Cross-defendant (and in every document continue) Principal & Co. 22 Main Street, Yass 2582. telephone: 202 Agent & Co. 22 Pitt Street Sydney 2000 telephone: 222 2222 DX 222, Sydney

Form 1: Ins 2.6.1972. Subst 23.12.1977. Am 6.7.1979; 23.5.1980; 14.11.1980; 8.7.1983; 20.8.1993. Subst 25.8.1995 (see erratum 16.2.1996). Am 29.8.2003.

Form 2

(To be set out in accordance with Form 1)

JOHN LEE and others
plaintiffs

JAMES STYLES
defendant
and cross-claims

(See Part 65 rule 1 (4).)

Form 2: Ins 2.6.1972. Am 23.12.1977; 8.7.1983.

Form 3

(To be set out in accordance with Form 1)

The application of HENRY JONES

(See Part 65 rule 1 (3).)

Form 3: Ins 2.6.1972. Am 23.12.1977; 8.7.1983.

Form 4

(Conclusion of documents for signature by a party unless otherwise indicated or required.)

(Signature)
Plaintiff’s solicitor

Filed (dated if not filed): 7 May 19 .

(On an originating process or notice of appearance add the full name of the solicitor after “solicitor”. The appropriate alteration must be made where Part 66 rule 9 (3) (relating to signature for a solicitor) applies. See also Part 65 generally.)

Form 4: Ins 2.6.1972. Am 23.12.1977.

Form 5

P 4, r 1.

STATEMENT OF CLAIM

1.	}	(plead as required by the rules)
2.

The plaintiff claims:

1.	}	(specify the relief claimed)
2.

(Particulars under Part 16 may be given by a heading, for example:

PARTICULARS OF INJURIES

1.	}	(state the particulars of injuries)
2.

(These particulars may appear in the relevant place in the statement of facts or separately after the relief claimed, whichever is convenient.)

To the defendant (address):

1. You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial,“or Sub-Registry”) within (14) days after service of this Statement of Claim upon you and you comply with the rules of court relating to your defence.

(or, where the proceedings are or include proceedings on a claim in respect of defamation—

1. If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified below, the proceedings may be heard and you will be liable to suffer judgment or an order against you in your absence. Before any attendance at that time you must enter an appearance in the Registry (or, where a place in the Riverina or the Central West or the Northern Rivers district is the place named for attendance add“or Sub-Registry”).

2. (Where the defendant is a corporation, add: A Corporation may not enter an appearance in, or defend, any proceedings otherwise than by a solicitor or by a director authorised in accordance with Part 11 rule 1A of the Supreme Court Rules 1970.)

3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of this Statement of Claim upon you, pay to the plaintiff or his solicitor the amount claimed (and, where the claim is for a liquidated demand together with an order for interest under section 94 of the Act, add— together with interest at the rate claimed or at (specify the rate fixed by Part 7 rule 4) per cent yearly whichever is less, from the beginning of the period for which interest is claimed until the date of payment (or as the case may require: see Part 7 rule 4 (2)) and also $ for costs. Further proceedings against you will be stayed when you also file a prescribed form of notice of payment.)

4. (Where Part 7 rule 8 (1) (a) applies, add: The plaintiff does not seek to disturb the occupation of (name of occupier).)

(Where Part 33 rule 2 (2) applies, add: Nominated place for trial: (here state a place appointed for sittings of the Court).)

(Where the proceedings are or include proceedings on a claim in respect of defamation, add the time and place for attendance)

Plaintiff: (name, address) (a minor)

(Tutor: (name, address))

Plaintiff’s address for Service: (Part 9 rule 6)

Address of Registry:

(where a place in the Riverina is the nominated place of trial, add“Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”).

(where a place in the Central West is the nominated place of trial, add—“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”).

(where a place in the Northern Rivers district is the nominated place of trial, add—“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope.”).

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of facts provable on the material available to me to date and a reasonably arguable view of the law that this claim for damages (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 5: Ins 2.6.1972. Am 4.4.1975; 1.8.1975; 23.12.1977; 21.4.1978; 24.4.1981 (see erratum 29.5.1981); 25.2.1983; 9.12.1983 (see erratum 13.1.1984); 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Subst 14.3.2003. Am 5.9.2003.

Form 6

P 5, r 3.

SUMMONS

The Plaintiff claims—

1. An order that (or as required)

2. An order that (or as required)

(or)

1. A declaration that

2. An order that (or as required)

(or)

The plaintiff claims an order that

(Where there is a defendant, add the following:

To the defendant (address):

The return day of this summons is:

Date: Time: Place:

If there is no attendance before the Court by you or by your counsel or solicitor at the date, time and place specified above, the proceedings may be heard and you will be liable to suffer judgment or an order against you in your absence.

Before any attendance at that time you must enter an appearance in the Registry (or, where a place in the Riverina or the Central West or the Northern Rivers district is the place named for attendance add“or Sub-Registry”).

(Where the defendant is a corporation, add: A Corporation may not enter an appearance in, or defend, any proceedings otherwise than by a solicitor or by a director authorised in accordance with Part 11 rule 1A of the Supreme Court Rules 1970.)

(Where the time for service under Part 5 rule 3 (3) has been abridged, add—

The time before which this summons is to be served has been abridged by the Court to 5 p.m. on 5 May 19 , or as the case may require).

Plaintiff: (name, address) (a minor)

(Tutor: (name, address))

Plaintiff’s Address for Service: (Part 9 rule 6)

Address of Registry:

(where a place in the Riverina is the place named for attendance, add“Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”).

(where a place in the Central West is the place named for attendance, add—“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”).

(where a place in the Northern Rivers District is the place named for attendance, add—“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

(This form does not apply to proceedings in the Court of Appeal)

Form 6: Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 19.7.1985; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002; 13.6.2003; 5.9.2003.

Form 7

(Repealed)

Form 7: Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 6.7.1979; 14.11.1980; 24.4.1981 (see erratum 29.5.1981); 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Rep 13.6.2003.

Form 8

P 5, r 5.

APPOINTMENT FOR HEARING

The Court appoints 7 May 19 , at 10 a.m. at (address of Court) for the hearing.

(Signature and description of officer of the Court)

Filed: 31 March 19 .

Form 8: Ins 2.6.1972.

Form 9

P 6, r 11.

(To be set out in accordance with Form 1)

JOHN LEE
Plaintiff
JAMES STYLES
defendant
JAMES STYLES
cross-claimant
JOHN LEE
cross-defendant

DEFENCE AND CROSS-CLAIM

DEFENCE

1.	}	(plead as required by the rules and see the prescribed form of Defence under Part 15 rule 3)
2.

CROSS-CLAIM

1.	}	(plead as required by the rules)
2.

The cross-claimant JAMES STYLES claims—

1.	}	(specify the relief claimed)
2.

(Particulars under Part 16 may be given in the manner indicated in the prescribed form of Statement of Claim under Part 4 rule 1, Form 5.)

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 9: Ins 2.6.1972. Am 29.3.1974; 23.12.1977; 8.7.1983; 20.2.1998; 29.11.2002; 5.9.2003.

Form 10

(Read this form with Form 1.)

P 6, r 11.

SECOND CROSS-CLAIM

1.	}	(plead as required by the rules including the facts required by Part 6 rule 11 (4))
2.

The cross-claimant to the second cross-claim HENRY JONES claims—

1.	}	(specify the relief claimed)
2.

(Particulars under Part 16 may be given in the manner indicated in the form of Statement of Claim under Part 4 rule 1, Form 5.)

To WILLIAM SMITH (address):

1. You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial,“or Sub-Registry)” within (14) days after service of this statement of cross-claim upon you and you comply with the rules of court relating to your defence.

3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of this Second Cross-claim upon you, pay to HENRY JONES or his solicitor the amount claimed (and where the claim is for a liquidated demand together with an order for interest under section 94 of the Act, add—Together with interest at the rate claimed or at (Specify the rate fixed by Part 7 rule 4) per cent yearly whichever is less, from the beginning of the period for which interest is claimed until the date of payment (or as the case may require: see Part 7 rule 4 (2)) and also $ for costs. Further proceedings against you will be stayed when you also file a prescribed form of Notice of Payment.)

Cross-claimant to the second cross-claim: (name, address) (a minor).

(Tutor: (name, address))

Plaintiff’s address for Service:

Defendant’s Address for Service:

Address for Service for cross-claimant to the first cross-claim:

Address for Service for cross-defendant to the first cross-claim:

Address for Service for cross-claimant to the second cross-claim: (Part 9 rule 6)

Address of Registry:

(where a place in the Central West is the nominated place of trial, add—“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.).

(Where a place in the Northern Rivers district is the nominated place of trial, add—“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 10: Ins 2.6.1972. Am 29.3.1974; 4.4.1975; 1.8.1975; 23.12.1977; 23.5.1980; 24.4.1981 (see erratum 29.5.1981); 25.2.1983; 9.12.1983 (see erratum 13.1.1984); 23.3.1984; 7.12.1984; 24.10.1986; 20.2.1987; 25.10.1996; 20.2.1998; 29.11.2002; 5.9.2003; 20.2.2004.

Form 11

(Repealed)

Form 11: Ins 2.6.1972. Am 29.3.1974. Rep 23.5.1980.

Form 11A

P 6, r 13 (1).

(Cross-claim against plaintiff in summons)
(Heading and title as in Form 9)

CROSS-CLAIM

The cross-claimant JAMES STYLES claims—

1.	}	(state the relief claimed in the manner indicated in Form 6)
2.

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 11A: Ins 29.3.1974. Am 20.2.1998; 29.11.2002; 5.9.2003.

Form 11B

(Repealed)

Form 11B: Ins 29.3.1974. Am 4.4.1975; 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Rep 13.6.2003.

Form 12

P 7, r 4.

NOTICE OF PAYMENT

On 10 May 19 , the defendant paid to the plaintiff $ , made up as follows:

amount claimed	$
costs	$
(interest at the rate of % from 1 May 19 until the above date of payment)	$
total	$

Form 12: Ins 2.6.1972.

Form 13

P 7, r 8.

NOTICE OF CLAIM FOR POSSESSION

To (name of occupier or“the occupier”) of (describe land).

In the document served with this notice the plaintiff claims possession of the above land. You are served as a person in occupation of it or of part of it.

You may apply to the Court for an order that you be added as a defendant.

If you do not so apply within (10) days after this notice is served upon you (or, where the document served with this notice is a summons, at or before the appointment for hearing stated in the summons served with this notice) you may be evicted from the above land pursuant to a judgment entered in your absence.

Form 13: Ins 2.6.1972. Am 25.10.1996.

Form 13A

P 10, r 2A.

(Notice to defendant served outside Australia)

To the Defendant:

1. The Court may, on application made by you in accordance with the rules of Court, set aside the service on you of this statement of claim (or summons or as the case may be) where—

(a) service is not authorised by the rules of the Court; or

(b) this Court is an inappropriate forum for the trial of the proceedings.

2. Alternatively you may submit to the jurisdiction of the Court by filing the prescribed form of unconditional notice of appearance.

3. If you do not make an application under paragraph 1 or file a notice under paragraph 2, the Court may give leave to the plaintiff to proceed against you.

Form 13A: Ins 21.10.1977. Rep 6.7.1979. Ins 17.6.1988.

Form 14

P 10, r 8 (a) (v).

REQUEST FOR SPECIAL SERVICE

It is requested that the sealed copy of (description of document) be served on (name) (whose address is ) in (country) by (describe special manner).

(Follow the prescribed form of conclusion of documents for use by a party, Form 4 and, after the translation, add the certificate.)

I (name), of (address), certify—

1. that what appears above is a translation of the document annexed and marked “A”;

2. that my qualifications to translate from the English language to the (name) language are (state qualifications).

Dated 7 May 19 .

(signed)

(The annexure must bear a note in the same language—“This is the annexure marked “A” referred to in my certificate dated 7 May 19 ”.)

Form 14: Ins 2.6.1972.

Form 15

P 10, r 10.

REQUEST FOR SERVICE

To the Prothonotary:

I (name) request that a sealed copy of (description of document) be transmitted to (country) for service on (name), of (address) (pursuant to the Convention made between and ) and I undertake to pay to you an amount equal to the sum of all expenses incurred in consequence of this request.

Form 15: Ins 2.6.1972.

Form 16

P 11, r 4.

NOTICE OF APPEARANCE

JAMES STYLES
of (address) appears.

(Include any statement under Part 11 rule 4 (3).)

(He is a minor (mentally disabled person); his tutor is ROBERT STYLES.) (Where the appearance is entered under Part 78 rule 34H (1), add:

This appearance is entered under Part 78 rule 34H (1).)

(Where a defendant wishes to make a request under Part 11 rule 5 (3) add:

The Registrar is requested to deal with the copy (two copies) of this Notice under Part 11 rule 5 (3).)

(Add any other notices permitted by the rules to be added, for example, under Part 15 rule 12 relating to money claims.)

Address for service: (The office of his solicitor, or as the case may be; see Part 9 rule 6.)

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

(This notice of appearance may be added to a Notice of Motion of a person applying to be added as a defendant, for example, under Part 8 rule 8 (3).)

Form 16: Ins 2.6.1972. Am 23.12.1977; 23.5.1980; 20.2.1987; 23.12.1988; 16.8.1991; 25.10.1991; 22.5.1992 (see erratum 12.6.1992); 27.11.1992; 23.5.1997; 2007 (446), Sch 1 [9].

Form 17

P 15, r 3.

DEFENCE

	(Plead as required by the rules, for example—
1.	The defendant denies, etc.)
(or)
	(where one of two or more defendants,

DEFENCE OF JAMES STYLES

1. This defendant denies, etc.)

(For a Defence to a Cross-claim see the prescribed form of Defence and Cross-claim under Part 6 rule 3, Form 9.)

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 17: Ins 2.6.1972. Am 25.2.1983; 29.11.2002; 5.9.2003.

Form 18

P 15, r 4.

(Plead as required by the rules, and see Part 15 rule 21, relating to joinder of issue.)

Form 18: Ins 2.6.1972.

Form 19

P 15, r 4 (2).

REPLY AND DEFENCE TO CROSS-CLAIM

(Plead as required by the rules.)

DEFENCE TO CROSS-CLAIM

(Plead as required by the rules.)

(If required under Part 1 rule 9A (1A), add the following)

Certification under section 198L of the Legal Profession Act 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 19: Ins 2.6.1972. Am 29.11.2002; 5.9.2003.

Form 20

P 15, r 12 (3).

NOTICE TO PLEAD FACTS

To the plaintiff (cross-defendant): The defendant (cross-claimant), pursuant to Part 15 rule 12 (3) requires you (in respect of your Cross-claim) to plead the facts on which you rely.

Form 20: Ins 2.6.1972.

Form 20A

(Affidavit verifying statement of claim)

P 15, r 23.

AFFIDAVIT

On 19 (name) of (address), (occupation)
say on oath—

1. I am the plaintiff (or as the case may be; see Part 15 rule 23 (4) (a)).

2. I believe that the allegations of fact in the statement of claim set out above (or annexed hereto marked “A”) are true.

Sworn, etc.

Form 20A: Ins 25.2.1983.

Form 20B

(Affidavit verifying defence)

P 15, r 23.

AFFIDAVIT

On 7 May 19 I (name) of (address), (occupation) say on oath—

1. I am the defendant (or as the case may be; see Part 15 rule 23 (4) (a)).

2. I believe that the allegations of fact which are denied in the defence set out above (or annexed hereto marked “A”) are untrue.

3. Having made reasonable inquiries, I do not know that the allegations of fact which are stated in that defence to be not admitted are true.

4. I believe that the allegations of fact in that defence are true.

Sworn, etc.

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 20B: Ins 25.2.1983. Am 21.10.1994.

Form 20C

P 17, r 4 (2)

AFFIDAVIT OF DEBT

On (date) I, (name, address and occupation), say on oath:

1. (Set out the matters referred to in Part 17 rule 4 (2) (c))

2. (Set out the matters referred to in Part 17 rule 4 (2) (d))

3. I believe that the defendant is indebted to { me or the plaintiff} in respect to the cause of action the subject of these proceedings in the sum of $ (amount), made up as follows:

$
Amount owing at the time of commencement of proceedings:

[Explain any discrepancy between this amount and the amount claimed in the statement of claim]

[If applicable Interest accrued from the date of commencement of proceedings to the date hereof:

Give particulars of the rate of interest, the amount on which it is charged and the period during which it is charged]

[Give date and amount of any payment made or credit accrued, since the commencement of proceedings, that reduces the amount for which judgment is sought and deduct it from the total]

TOTAL
(total)

4. [If applicable Interest will continue to accrue at the rate of $ (amount) per day until judgment (subject to any future payment on account of the debt).]
[If an order for interest under section 94 of the Supreme Court Act 1970 is claimed, give sufficient particulars to enable the amount of that interest to be calculated and the daily rate in dollars and cents from the date of the affidavit until judgment]

5. No payment has been made, and no credit has accrued, since the commencement of proceedings that reduces the amount for which judgment is sought [if applicable other than as set out above].

6. {I am or The plaintiff is} entitled to judgment for costs of $ (amount) made up as follows:
(Give particulars of how costs are made up)

Sworn at	}
before me

Form 20C: Ins 25.10.1996.

Form 21

NOTICE TO ADMIT FACTS

P 18, rr 2, 5.

(AND AUTHENTICITY OF DOCUMENTS)

To the defendant:

The plaintiff requires you to admit for the purpose of these proceedings only—

1.	}	(state each fact)
2.

(The plaintiff requires you to admit for the purpose of these proceedings only the authenticity of the following documents—

1.	}	(describe each document))
2.

If you do not, within 14 days after service of this notice upon you, serve a notice upon the plaintiff disputing any fact (and the authenticity of any document) above specified, that fact (and the authenticity of that document) shall, for the purpose of these proceedings, be admitted by you in favour of the plaintiff.

Form 21: Ins 2.6.1972.

Form 22

NOTICE DISPUTING FACTS

P 18, rr 2, 5.

(AND AUTHENTICITY OF DOCUMENTS)

The defendant disputes the following facts specified in the plaintiff’s notice dated 7 May 19 —

1.	}	(state each fact)
2.

(The defendant disputes the authenticity of the following documents which were specified in the plaintiff’s notice (or list of documents) dated 7 May 19 —

1.	}	(describe each document))
2.

(The defendant admits—

1.	}	(state each fact or describe each document))
2.

Form 22: Ins 2.6.1972.

Form 23

P 19, r 2.

NOTICE OF MOTION

Applicant: (name and address and, if a party to the proceedings, description eg the plaintiff or the defendant JAMES STYLES) [where applicable a minor or as the case requires]

[Where applicable Tutor: (name and address)]

The applicant will at 9.30 am on (date) at (address of Court) apply to the Court for orders—

1.	}	(state concisely the nature of each order which is sought but not the grounds for the application.)
2.

[Where the time for service under Part 19 rule 3 has been abridged, add—

The time before which this notice of motion is to be served has been abridged by the Court to { 5 p.m. on 6 May 1995 or as the case requires}.]

To: The Respondent(s)

(set out name of each respondent and the address of any respondent who does not have an address for service in the proceedings).

If there is no attendance before the Court by you or by your counsel or solicitor at the time and place specified above, the application may be heard and an order may be made against you in your absence.

A respondent who has not already done so must enter an appearance in the proceedings before any attendance before the Court.

[Where the applicant does not have an address for service in the proceedings or any respondent is not a party to the proceedings, add—

Applicant’s address for service: (Part 9 rule 6)]

(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

(As to a notice of motion in the Court of Appeal, see Form 62AA)

Form 23: Ins 2.6.1972. Am 16.1.1981. Subst 24.2.1995.

Form 24

P 20, r 7.

NOTICE OF AMENDMENTS

The (describe document) was amended on 7 May 19 , pursuant to an order made on 19 (pursuant to Part rule ) by—

omitting	“....................”
(omitting	“....................”	and inserting
	“....................”)
(inserting	“....................”)

Form 24: Ins 2.6.1972.

Form 25: Ins 2.6.1972. Am 31.8.1984. Rep 23.6.1989.

Forms 26–30: Ins 2.6.1972. Rep 23.6.1989.

Form 30A: Ins 31.8.1984. Am 7.12.1984. Rep 23.6.1989.

Form 31: Ins 2.6.1972. Rep 19.7.1996.

Form 32: Ins 2.6.1972. Am 9.12.1983. Rep 19.7.1996.

Forms 25–32

(Repealed)

Form 33

P 24, r 1.

NOTICE TO ANSWER INTERROGATORIES

Within (15) days after service of this notice upon each of them respectively, the defendant CD is required to answer interrogatories numbered 1 to 8 (and verify his answers) and the defendant EF is required to answer interrogatories numbered 1 to 12 (and verify his answers).

INTERROGATORIES

1. (State the question.)

2. (State the question.)

Form 33: Ins 2.6.1972.

Form 34

P 24, r 6.

STATEMENT IN ANSWER TO INTERROGATORIES

The defendant CD answers the plaintiff’s interrogatories specified in notice dated 7 May 19 as follows:

1A.	(State in full the interrogatory.)
1B.	(State the answer.)
2A.	(State in full the interrogatory.)
2B.	(a) The defendant objects to answer on the grounds of privilege; (b) (State the facts on which this objection is based.)

Form 34: Ins 2.6.1972. Am 26.9.1986.

Form 35

P 24, r 6.

VERIFIED STATEMENT IN ANSWER TO INTERROGATORIES

The defendant EF Pty Ltd answers the plaintiff’s interrogatories specified in notice dated 7 May 19 as follows:

1A.	(State in full the interrogatory.)
1B.	(State the answer.)
2A.	(State in full the interrogatory.)
2B.	(a) The defendant objects to answer on the grounds of privilege; (b) (State the facts on which this objection is based.)

(Follow the prescribed form of conclusion of documents for use by a party.)

AFFIDAVIT

On 19 , I (name), of (address) (occupation) say on oath:

1. I am the secretary of the defendant and am authorised to make this affidavit on its behalf.

2. (The deponent should state which of the answers are true to his own knowledge and which are true to the best of his knowledge, information and belief based on his inquiries of officers of the company and others and on his other investigations.)

Form 35: Ins 2.6.1972. Am 26.9.1986.

Form 36

(Repealed)

Form 36: Ins 2.6.1972. Subst 23.3.1984. Rep 22.9.1995.

Form 37

P 26, r 2.

APPOINTMENT FOR DIRECTIONS

The Court appoints 19 at 10 a.m. at (address of Court) for a hearing for directions under Part 26 of the rules.

Dated 1984.

Registrar

Form 37: Ins 2.6.1972. Subst 23.3.1984.

Form 38

P 27, r 1D.

ORDER FOR EXAMINATION

THE COURT ORDERS that (name) of (address within the State) be examined on oath before (name and address, or describe examiner.)

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 38: Ins 2.6.1972. Am 19.5.1989.

Form 39

P 27, r 1D.

ORDER APPOINTING EXAMINER

THE COURT ORDERS—

1. That (name and address (or description)) be appointed examiner for the purpose of taking the examination of a witness (name) of (address out of the State) in accordance with the rules of this Court (but without the power to compel a witness to attend, if this is required by a convention).

2. That the party obtaining this order give to each other interested party (4) days’ notice in writing of the date on which he proposes to send the minute of this order to the examiner.

3. That not less than (4) days after that notice has been given each party shall give to the other the name of his agent at (place) to whom notices may be sent.

(Complete as in general form of minute of order under Part 41 rule 11.)

(This form does not apply where a Judge or an associate Judge or other officer of the Court is appointed examiner.)

Form 39: Ins 2.6.1972. Am 24.10.1986; 19.5.1989.

Form 40

P 27, r 1D.

ORDER

THE COURT ORDERS that a letter of request be issued to the judicial authorities of (country) to take or cause to be taken the evidence of (name) .

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 40: Ins 2.6.1972. Am 19.5.1989.

Form 41

P 29, r 2.

DEED

PARTICULARS

1. Date: 7 May 19 .
2. Receiver:	(name)
	(address for service)
3. Guarantor:	(name)
	(address for service)
4. Proceedings No. of 19 in the Division (or as the case may be) of the Supreme Court of New South Wales.
5. Date of order for appointment of Receiver: 10 April 19 . By this deed the Receiver promises the Registrar of the Division that if the Receiver does not account to the Court for what he receives as Receiver or does not deal with what he receives as Receiver as the Court directs the Guarantor will pay to the Registrar whatever is required to make good the default to a limit of $ .

Signed sealed and delivered (and so on) (or as the case may be).

Form 41: Ins 2.6.1972. Am 25.5.1990.

Form 41A: Ins 1.8.1975. Rep 29.8.2003.

Form 41B: Ins 1.8.1975. Rep 29.8.2003.

Forms 41A, 41B

(Repealed)

Form 42

P 33, r 5.

NOTICE TO SET DOWN FOR TRIAL

The plaintiff requests that the proceedings be set down for trial—

(with a JURY) (omit this line if the trial is to be without a jury) at (state the place for trial as fixed by or under rule 2) generally (or for trial of the following issues: (state the issues)).

Form 42: Ins 2.6.1972. Am 31.5.1985; 24.4.1986; 21.11.1986.

Form 43

P 34, r 3.

REQUISITION FOR TRIAL WITH A JURY

The plaintiff requires trial with a jury.

(or, where application is made by all parties under section 87 (1) of the Act: All parties require trial with a jury.)

Form 43: Ins 2.6.1972.

Form 43A

P 36, r 12.

ORDER FOR PRODUCTION

To: (producing party)

Of: (address)

THE COURT ORDERS that:

1. You must produce this order for production and the documents specified in the schedule attached before the Court at (venue) at (time) on (date).

2. Instead of so attending, you may produce this order and the documents to the exhibits clerk on level 5 of the Supreme Court or post them to the said clerk c/- Supreme Court of New South Wales, GPO Box 3 Sydney 2001, in either case so that they are received no later than 2 days before the first date on which you are required to so attend.

3. You need not comply with this order if it is served on or after (a date which is 5 clear days before the first return date of the order).

ORDERED and ENTERED

	By the Court

	Deputy Registrar

NOTICE PURSUANT TO Part 42 rule 8 (3)

TAKE NOTICE that you will be liable to imprisonment or to sequestration of property if you refuse or neglect to produce the documents or things within the time specified in this order.

NOTE that:

The documents and things produced by you in accordance with this order may be returned at the conclusion of the examination by post to you at your address shown on this order but you may in writing on or attached to this order request that they be posted to you at another address given by you.

If you have incurred substantial expenses in complying with this order you may apply to the Court for payment of those expenses.

SCHEDULE

Form 43A: Ins 4.3.2005.

Form 44

P 36, r 14.

ORDER

THE COURT ORDERS that—

1. The Superintendent of (see section 42 of the Correctional Centres Act 1952), shall have (name), a inmate, before this Court to be examined as a witness and duly returned to confinement.

2. The first day on which he is required to have the inmate before the Court is 7 May 19 at 10 a.m. at (address of Court).

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 44: Ins 2.6.1972. Am 21.2.1997.

Form 45

P 36, r 16.

NOTICE TO PRODUCE

To the plaintiff:

The defendant requires you to produce at the trial (or otherwise specify the occasion or place or, where the notice is served with leave given under Part 36 rule 16 (1) add 7 May 19 , a day fixed by the Court or where the notice is served pursuant to Part 36 rule 16 (1A) add 7 May 19 , a day fixed pursuant to Part 36 rule 16 (1A)) the following documents for the purpose of evidence—

(Enumerate the documents or things.)

[If Part 77 rule 134A applies, add the wording required by the rule]

Form 45: Ins 2.6.1972. Am 14.7.1989; 21.5.1999.

Form 45A

(Subpoena to a natural person)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND

To	(¹)
	(²).

THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the documents and things described in the schedule—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 am (³) and until you are excused by the Court from further attending; BUT—
(i)  INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the documents and things described in the schedule to—
(A)  a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or
(B)  any registry of the High Court of New Zealand not later than (⁸) PROVIDED THAT you—
(I)  tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II)  obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III)  forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
(ii)  you need not comply with this subpoena—
(A)  if—
(I)  allowances and travelling expenses; or
(II)  vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(B)  if it is served on you after (⁹);
(C)  if the party who requested the issue of this subpoena has excused you from compliance; or
(D)  if it is not accompanied by—
(I)  a copy of the order giving leave to serve it in New Zealand; and
(II)  a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(iii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.

SCHEDULE
(¹⁰)

Dated 19 .

By the Court,
(¹¹)

Issued at the request of (¹²) whose address for service is (¹³).

See the reverse of this page.

On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add—

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(2) if, by paragraph (c) (i) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(4) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;

(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena; and

(7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing the above form.

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (⁵) above.

(⁹) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (⁵) above.

(¹⁰) description of documents and things.

(¹¹) signature and description of officer of the Court.

(¹²) state person at whose request the subpoena was issued.

(¹³) address for service.

(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth) applies.)

Form 45A: Ins 1.3.1996. Am 31.8.2001.

Form 45B

(Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc. of documents.)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS FOR SERVICE IN NEW ZEALAND

To	(¹)
	(²)

THE COURT ORDERS that—

1. (¹), “the corporation”, shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to ATTEND AND PRODUCE them—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 am (³) and until the officer is excused by the Court from further attending; BUT—
(i)  INSTEAD OF causing its proper officer to so ATTEND, THE CORPORATION MAY PRODUCE this subpoena and the documents and things described in the schedule to—
(A)  a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which the officer is required so to attend; or
(B)  any registry of the High Court of New Zealand not later than (⁸) PROVIDED THAT you—
(I)  tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II)  obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III)  forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
(ii)  the corporation need not comply with this subpoena—
(A)  if—
(I)  allowances and travelling expenses; or
(II)  vouchers,
sufficient to meet the corporation’s reasonable expenses are not paid, or tendered to it, at the time of service or at some other reasonable time before it is required to comply with this subpoena;
(B)  if it is served on the corporation after (⁹);
(C)  if the party who requested the issue of this subpoena has excused the corporation from compliance; or
(D)  if it is not accompanied by—
(I)  a copy of the order giving leave to serve it in New Zealand; and
(II)  a notice in the prescribed form setting out the corporation’s rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(iii)  if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the Evidence Act 1898 would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;
(iv)  the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.

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

SCHEDULE
(¹⁰)

Dated 19 .

By the Court
(¹¹)

Issued at the request of (¹²) whose address for service is (¹³).

Note that—

(1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means;

(2) if, by paragraph (c) (i) (A), the corporation is permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, it may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office,
Level 5,
Supreme Court of N.S.W.,
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(4) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may, in writing on or attached to this subpoena, request that they be posted to it at another address given by it;

(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(6) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;

(7) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing this form.

(¹) name of corporation.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (⁵) above.

(⁹) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (⁵) above.

(¹⁰) description of documents and things.

(¹¹) signature and description of officer of the Court.

(¹²) state person at whose request the subpoena was issued.

(¹³) address for service.

If the reverse side of a page is used, add to the foot of the front of the page“See the reverse of this page.”and keep clear a margin of 25 millimetres on the right hand side.

(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth) applies.)

Form 45B: Ins 1.3.1996. Am 24.5.1996; 31.8.2001.

Form 45C

(Subpoena for production of original or photocopies of medical records.)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND

To	(¹)
	(²)

THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and the medical records, or clear sharp photocopies of them, described in the schedule (in this subpoena called the “scheduled documents”)—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 am (³) and until you are excused by the Court from further attending; BUT—
(i)  INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and the scheduled documents to—
(A)  a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours, BEFORE THE DATE on which you are required so to attend; or
(B)  any registry of the High Court of New Zealand not later than (⁸) PROVIDED THAT you—
(I)  tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II)  obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III)  forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;
(ii)  you need not comply with this subpoena—
(A)  if $ (the amount prescribed by Part 37 rule 7A (4)) have not been paid or tendered to you;
(B)  if, in addition to the amount referred to in the preceding paragraph,—
(I)  allowances and travelling expenses; or
(II)  vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(C)  if it is served on you after (⁹);
(D)  if the party who requested the issue of this subpoena has excused you from compliance; or
(E)  if it is not accompanied by—
(I)  a copy of the order giving leave to serve it in New Zealand; and
(II)  a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(iii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.

SCHEDULE
(¹⁰)

Dated 19 .

By the Court,
(¹¹)

Issued at the request of (¹²) whose address for service is (¹³).

See the reverse of this page.

On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add—

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(2) if, by paragraph (c) (i) (A), you are permitted to produce the subpoena and the scheduled documents to a clerk of the Court at Queen’s Square, Sydney, you may produce them to the clerk by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.,
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(4) documents produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;

(5) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(6) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (⁵) above.

(⁹) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (⁵) above.

(¹⁰) description of the medical records.

(¹¹) signature and description of officer of the Court.

(¹²) state person at whose request the subpoena was issued.

(¹³) address for service.

(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth) applies.)

Form 45C: Ins 1.3.1996. Am 31.8.2001.

Form 45D

P 36A, r 3 (5).

SUBPOENA TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND

To	(¹)
	(²)

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

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 a.m. (³) and until you are excused by the Court from further attending; but—
(i)  you need not comply with this subpoena—
(A)  if—
(I)  allowances and travelling expenses; or
(II)  vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(B)  if it is served on you after (⁸);
(C)  if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (⁹);
(D)  if the party who requested the issue of this subpoena has excused you from compliance; or
(E)  if it is not accompanied by—
(I)  a copy of the order giving leave to serve it in New Zealand; and
(II)  a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(ii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.

Dated 19 .

By the Court,
(¹⁰)

Issued at the request of (¹¹) whose address for service is (¹²).

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (¹³) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;

(3) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;

(4) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing the above form.

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) specify a date, for example, 29 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d)) and Part 37 rule 7 (7), which is not later than 5 days before the date mentioned in note (⁵) above.

(⁹) specify a date, for example, 15 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (⁵) above.

(¹⁰) signature and description of officer of the Court.

(¹¹) state person at whose request the subpoena was issued.

(¹²) address for service.

(¹³) the amount prescribed by Part 37 rule 3A.

(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth) applies.)

Form 45D: Ins 1.3.1996.

Form 45E

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND

To	(¹)
	(²)

THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 a.m. (³) and until you are excused by the Court from further attending; but—
(i)  you need not comply with this subpoena—
(A)  if—
(I)  allowances and travelling expenses; or
(II)  vouchers,
sufficient to meet your reasonable expenses are not paid, or tendered to you, at the time of service or at some other reasonable time before you are required to comply with it;
(B)  if it is served on you after (⁸);
(C)  if, as a medical expert, you are required by this subpoena to attend at a place in Sydney for the purposes of giving evidence on medical matters and it is served on you after (⁹);
(D)  if the party who requested the issue of this subpoena has excused you from compliance; or
(E)  if it is not accompanied by—
(I)  a copy of the order giving leave to serve it in New Zealand; and
(II)  a notice in the prescribed form setting out your rights and obligations in relation to the subpoena and information on how to apply to set aside the subpoena;
(ii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance or production to a later time;
(iii)  you may produce this subpoena and the documents and things described in the schedule to—
(A)  a clerk of the Court at the above place by hand or by post, in either case so that the clerk receives them not later than 24 hours BEFORE THE DATE on which you are required so to attend; or
(B)  any registry of the High Court of New Zealand not later than (¹⁰) PROVIDED THAT you—
(I)  tender to the registry such portion of the amount provided to you on account of expenses as is necessary to meet the costs of transportation for the document or thing produced to the Supreme Court of New South Wales;
(II)  obtain from the New Zealand registry a receipt with a description of the document or thing produced in accordance with the subpoena; and
(III)  forthwith send a copy of the receipt and the subpoena by fax to the Sydney registry of the Supreme Court of New South Wales;

SCHEDULE
(¹¹)

Dated 19 .

By the Court
(¹²)

Issued at the request of (¹³) whose address for service is (¹⁴)

See the notes on the reverse of this page.

On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side, add—

Note that—

(1) if you do not comply with this subpoena you may be arrested;

(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney and you are not called as a witness, you shall, unless the Court otherwise orders, be entitled to be paid $ (¹⁵) in addition to any sum paid or tendered to you as reasonable expenses of complying with this subpoena;

(3) if, by paragraph (c) (iii) (A), you are permitted to produce this subpoena and other documents and things to a clerk of the Court at Queen’s Square, Sydney, you may produce them to him by hand at the Exhibits Office, Level 5 at that place or by posting them to—
Exhibits Clerk,
Exhibits Office, Level 5,
Supreme Court of N.S.W.
G.P.O. Box 3,
Sydney 2001.
AUSTRALIA
in accordance with paragraph (c) (iii) (A);

(4) in subparagraph (c) (iii) (A) Saturdays, Sundays and other holidays are not counted in calculating time;

(5) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you;

(6) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(7) being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena;

(8) if there is a dispute over the amount of your reasonable expenses, you may apply to the Court for a decision on what is reasonable.

Directions for completing the above form.

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 days before the date mentioned in note (⁵) above.

(⁹) specify a date, for example, 15 April 19 , having regard to Part 2 rule 2 and Part 36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before the date mentioned in note (⁵) above.

(¹⁰) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth), which is not later than 10 days before the date mentioned in note (⁵) above.

(¹¹) description of documents and things.

(¹²) signature and description of officer of the Court.

(¹²) state person at whose request the subpoena was issued.

(¹⁴) address for service.

(¹⁵) the amount prescribed by Part 37 rule 3A.

(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (New Zealand) Act 1994 (Commonwealth) applies.)

Form 45E: Ins 1.3.1996. Am 31.8.2001.

Form 45F

P 36A, r 5 (1).

CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENA

I certify that:—

(a) On (date) leave under section 9 of the Evidence and Procedure (New Zealand) Act 1994 of the Commonwealth was given to serve in New Zealand a subpoena issued by this Court;

(b) A copy of the subpoena and a copy of the order giving leave are annexed to this certificate;

(c) (name of person named), the person named in the subpoena, failed to comply with it; and

(d) {No application to set aside the subpoena either wholly or in part has been made.

An application to set aside the subpoena was dismissed by order made on (date). A copy of this order is annexed to this certificate.}

Date:
	By the Court
	Registrar
	(Seal of Court to be affixed)

Forms 45F–45H: Ins 1.3.1996.

Form 45G

P 36A, r 6 (7).

OBJECTION TO DETERMINATION WITHOUT HEARING

The (identify objector) objects to the application to set aside the subpoena (identify subpoena) being determined without a hearing.

Forms 45F–45H: Ins 1.3.1996.

Form 45H

P 36A, r 6 (8).

REQUEST FOR HEARING BY VIDEO LINK OR TELEPHONE

The (applicant) requests that the hearing of the application to set aside the subpoena (identify subpoena) be heard by video link or telephone.

Forms 45F–45H: Ins 1.3.1996.

Form 46 Subpoena

(Part 37, rule 3 (1))

IN THE [name of court]

File number:

APPLICANT/PLAINTIFF:

RESPONDENT/DEFENDANT:

SUBPOENA

To:	[name]
	[address]

YOU ARE ORDERED:

□ *to attend to give evidence—see section A of this form, or

□ *to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section B of this form, or

□ *to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section C of this form

*Select one only of these three options

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last date for service of this subpoena is: ...............
(See Note 1)

Please read Notes 1 to 15 at the end of this subpoena.

[Seal or Stamp of the Court]

Date:

Issued at the request of [name of party], whose address for service is:

A Details of subpoena to attend to give evidence only

Date, time and place at which you must attend to give evidence:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

B Details of subpoena to produce only

You must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production, or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the address below so that they are received not less than 2 clear days before the date specified for attendance and production. (See Notes 5–11)

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:

Date:

Time:

Place:

Address to which the subpoena (or copy) and documents or things may be delivered or posted:

The Exhibits Office
Level 5, Supreme Court of NSW
GPO Box 3, Sydney 2001

Schedule

The documents and things you must produce are as follows:
[If insufficient space attach list]

C Details of subpoena both to attend to give evidence and to produce

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production, or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the address below so that they are received not less than 2 clear days before the date specified for attendance and production. (See Notes 5–11)

Date, time and place at which you must attend to produce the subpoena or a copy of it and the documents or things:

Date:

Time:

Place:

Address to which the subpoena or a copy of it and documents or things may be delivered or posted:

The Exhibits Office
Level 5, Supreme Court of NSW
GPO Box 3, Sydney 2001

Schedule

The documents and things you must produce are as follows:
[If insufficient space attach list]

Notes

Last day for service
1	You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.
Informal service
2	Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
Addressee a corporation
3	If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
Conduct money
4	You need not comply with the subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.
Production of subpoena or copy of it and documents or things by delivery or post
5	In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the address specified in the subpoena for the purpose so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production.
6	If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.
7	Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8	If you produce more than one document or thing, you must, if requested by the Registrar, produce a list of the documents or things produced.
Production of copy instead of original
9	You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.
Return or destruction of documents or copies
10	You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.
11	If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.
Applications in relation to subpoena
12	You have the right to apply to the Court: (a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena, and (b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.
Loss or expense of compliance
13	If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness’s expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.
Contempt of court—arrest
14	Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.
15	Instruction 14 is without prejudice to any power of the Court under any rules of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Form 46: Ins 2.6.1972. Subst 2.4.1982. Am 29.6.1984; 20.10.1989; 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 21.10.1994; 31.8.2001. Subst 26.3.2004.

Form 46A: Ins 2.4.1982. Am 29.6.1984; 20.10.1989; 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 21.10.1994; 25.8.1995; 31.8.2001. Rep 26.3.2004.

Form 46B: Ins 20.10.1989. Am 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 31.8.2001. Rep 26.3.2004.

Form 47: Ins 2.6.1972. Subst 17.8.1979; 2.4.1982. Am 29.6.1984; 20.9.1985; 20.10.1989; 22.6.1990; 2.10.1992; 30.10.1992; 2.4.1993; 21.10.1994. Rep 26.3.2004.

Form 48: Ins 2.6.1972. Subst 17.8.1979; 2.4.1982. Am 29.6.1984; 20.9.1985; 20.10.1989; 22.6.1990; 2.10.1992; 30.10.1992; 26.2.1993; 2.4.1993; 21.10.1994; 31.8.2001. Rep 26.3.2004.

Forms 46A–48

(Repealed)

Form 49

P 38, r 2.

AFFIDAVIT

On 7 May 19 I (name, address and occupation) say on oath—

1.

2.

Sworn at
Sydney
before me:

(or)

}

AFFIDAVIT

On 7 May 19 I (name, address and occupation) and on 11 May 19 I (name, address and occupation) say on oath—

1. We are the directors of etc.

2. I the said (name) am a director of etc.

Sworn by (name)
at Bathurst before
me:

}

Sworn by (name)
at Sydney before
me:

}

(where Part 38 rule 2 (3) (a) applies,

It appearing to me that the deponent is blind, I certify that this affidavit was read to him in my presence and that he seemed to understand it.

(signature))

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 49: Ins 2.6.1972. Am 21.10.1994.

Form 50

P 41, r 10.

1. General form of judgment:

JUDGMENT—

that—(terms of the judgment, in numbered paragraphs, if necessary).

This judgment takes effect on (insert the date fixed by reference to Part 40 rule 3).

By the Court

Registrar (or Chief Clerk)

2. Terms of particular judgments:

(a) Damages to be assessed
JUDGMENT—
that the defendant is liable to the plaintiff for damages and for costs.
THE COURT ORDERS that the damages be assessed.

(b) Debt or damages
JUDGMENT—
that the defendant pay to the plaintiff $ (amount of debt or damages) and $ costs (or as the case may be).

(c) Possession of land
JUDGMENT—
1. that the defendant give the plaintiff possession of the land described in the schedule (but so as not to disturb the occupation of (name of occupier));
2. that the defendant pay to the plaintiff $ costs (or as the case may be).
SCHEDULE
(describe land)

(d) Detention of goods.
JUDGMENT—
that the defendant is liable to the plaintiff—
1. for the value of (or delivery to the plaintiff of) the goods described in the schedule;
2. (for damages; and
3. ) for costs.
THE COURT ORDERS that the value of the goods (and the damages) be assessed.
SCHEDULE
(describe goods)
(In the above form, where judgment is entered by default under Part 17 rule 6, omit the appropriate words in brackets according to whether rule 6 (a) or (b) applies.)

(e)  Detention of goods.
JUDGMENT—
1. that the defendant deliver to the plaintiff the goods described in the schedule (or pay to the plaintiff $     , the value of the goods described in the schedule);
2. that the defendant pay to the plaintiff $      damages; and
3. that the defendant pay to the plaintiff $      costs (or as the case may be).

SCHEDULE

(described goods)

(Where judgment is obtained under section 93 omit the words in brackets.)

Form 50: Ins 2.6.1972. Am 30.3.1979.

Form 51

(General form of minute of order.)

P 41, r 11.

ORDER

THE COURT ORDERS that—

1.

2.

3.

Ordered 7 May 19 and entered 11 May 19 .

(Judge)
(or associate Judge)
(or by the Court
Registrar (or Chief Clerk)
(Prothonotary))

Form 51: Ins 2.6.1972. Am 30.3.1979.

Form 51A: Ins 5.10.1973. Am 22.5.1992. Subst 2.10.1992. Am 24.6.1994.

FORM 51A

(Certificate under section 13 of the Foreign Judgments Act 1973 or section 15 of the Foreign Judgments Act 1991 of the Commonwealth)

P 41, r 15B (2).

CERTIFICATE

I certify that—

(a) a statement of claim (or summons), a copy of which is annexed hereto marked “A”, was filed in the registry of the Division of this Court on (date) by (name), the abovenamed plaintiff, claiming against (name), the abovenamed defendant, payment of the sum of (amount) (or state shortly the nature of the relief claimed) in respect of (state shortly the causes of action);

(b) the said statement of claim (or summons) was on (date) served on the said defendant (state the mode of service) (or the said defendant entered an appearance on (date) );

(c) the said plaintiff obtained judgment against the said defendant in this Court for payment of the sum of (amount) (or state shortly the terms of the judgment) in respect of (state shortly the causes of action) together with $ for costs;

(d) the said judgment was obtained (state the grounds on which the judgment was based);

(e) the following (or no) objections have been made to the jurisdiction of this Court (state the objections, if any);

(f) (state the position relating to the time for appealing or discharging or setting aside the judgment or for apply for a new trial or for a stay of execution);

(g) (where the judgment was entered by default), the defendant may apply, but has not applied, to set aside the judgment;

(h) notice of appeal has (or has not) been filed;

(If interest is payable on the judgment

(i)  (where the rate of interest is specified in the judgment interest is payable from (date of judgment) at the rate of (rate) % yearly on so much of the sum of (amount) as is from time to time unpaid;)
(otherwise
interest is payable—
(i)  from (date of judgment) up to and including the date hereof at the following rate (or rates)—
(rate prescribed by Part 40 rule 7 (2) or, where more than one rate applies, the prescribed rates and the period during which each rate applies); and
(ii)  from the date hereof at the rate of (prescribed rate applicable at the date of the certificate), or at such other rate or rates as may be prescribed from time to time,
on so much of the sum of (amount) as is from time to time unpaid;))

(j) (give information, similar to that contained in (j), in respect of costs of the proceedings.)

(k) (any other necessary particulars);

(l) the costs of obtaining this certificate and copy of a minute of the judgment are $ (see Part 52A rule 47).

Dated

(signature)
(title of person certifying)

Form 52

P 42, r 4.

WRIT OF POSSESSION

TO THE SHERIFF:

In respect of the judgment entered on 7 May 19 , enter the land described in the schedule and cause the plaintiff (name) to have possession of it (but, so as not to disturb the occupation of (name, description and extent of restriction as directed in the judgment)) , (and levy on the property of (name) , which is authorised to be taken in execution for—

continue as in Writ for Levy of Property, Form 57)

SCHEDULE

(Describe the land as in the judgment.)

Issued 19 .

By the Court
Registrar (or Chief Clerk)

Issued at the request of (the plaintiff (name and address) or (name) of (address and telephone number) solicitor for the plaintiff (name and address) ),

(The defendant resides at (address) ).

Form 52: Ins 2.6.1972. Am 30.3.1979; 30.9.1988.

Form 53

P 42, r 5.

WRIT OF SPECIFIC DELIVERY

TO THE SHERIFF:

In respect of the judgment entered on 7 May 19 , cause the goods described in the schedule to be delivered to (name) (and levy on the property of (name) which is authorised by law to be taken in execution for—

continue as in Writ for Levy of Property, Form 57)

SCHEDULE

(Describe the goods as in the judgment.)

Issued 19 .

By the Court
Registrar (or Chief Clerk)

Issued at the request of (the plaintiff (name and address) or (name) of (address and telephone number) solicitor for the plaintiff (name and address) ),

(The defendant resides at (address) .)

Form 53: Ins 2.6.1972. Am 30.3.1979.

Form 54

P 42, r 5.

WRIT OF DELIVERY

TO THE SHERIFF:

In respect of the judgment entered on 7 May 19 , cause the goods described in the schedule to be delivered to (name) (and levy on the property of (name) , which is authorised by law to be taken in execution—

(a) if you cannot cause the goods to be so delivered, for $ (amount of value of goods assessed under the judgment);

(b) for the amount payable under the judgment, being $ (amount of damages) on 1 June 19

continue as in Writ for Levy of Property, Form 57)

(c) for $ , being costs of this writ;

(d) for your fees; and

(where applicable)

(e) for $ , being amount recoverable under section 107 (1) of the Service and Execution of Process Act 1992,

and pay the amount so levied other than your fees, to (name) or otherwise as the law may require.

SCHEDULE

(Describe the goods as in the judgment.)

Issued 19 .

By the Court
Registrar (or Chief Clerk)

Issued at the request of (the plaintiff (name and address) or (name) of (address and telephone number) solicitor for the plaintiff (name and address) ),

(The defendant resides at (address) ).

Form 54: Ins 2.6.1972. Am 30.3.1979; 2.4.1993.

Form 55

P 42, r 8 (3).

(No heading or title: for subscribing to the minute of order.)

To (name of corporation) and (name of officer):

If (name of corporation) neglects to obey this order within the time specified in the order (disobeys this order, as the case may be) (name of officer) and (name of corporation) will be liable to sequestration of property and (name of officer) to imprisonment.

Form 55: Ins 2.6.1972.

Form 56

P 43, r 1.

ORDER

THE COURT ORDERS that—

1. JAMES STYLES of (address) shall attend—

(a) before (the Prothonotary or as the case may be);

(b) at (address of Court or place);

(c) on 7 May 19 at 10 a.m. and until he is excused from further attending;

(d)  for the purpose of being examined as to the questions—
(i)  whether any and, if so, what debts are owing to him; and
(ii)  whether he has any and, if so, what other property or means of satisfying the judgment or order by which he is bound;
(iii)  as to the whereabouts of the goods which he is bound, pursuant to the judgment which has been entered against him, to deliver to the plaintiff, or as the case may be.

2. JAMES STYLES shall attend and produce all documents or things in his possession, power or custody relating to those questions (and—here specify particular documents or things, if any).

(Complete as in general form of minute or order under Part 41 rule 11.)

Form 56: Ins 2.6.1972. Am 19.2.1988.

Form 57

P 45, r 2.

WRIT FOR LEVY OF PROPERTY

TO THE SHERIFF:

In respect of the judgment (order) entered on 1 March 19 , levy on the property of (name) , which is authorised by law to be taken in execution, for—

(a) the amount payable under the judgment (order) being $ on 7 May 19 (plus interest from the date at (if ordered, the rate ordered for example, the yearly rate of ..........% or, if the judgment (order) is registered in the Court under the Service and Execution of Process Act 1992 (Commonwealth), the yearly rate of .....% or such rates as may be notified to you by the Court otherwise such rates as are prescribed) on so much of the sum of $............... as is from time to time unpaid), subject to any payment in reduction thereof;

(b) $ being costs of this writ*;

(c) for your fees*; and

(where applicable)

(d) $ , being the amount recoverable under section 107 (1) of the Service and Execution of Process Act 1992,

any pay the amount so levied, less your fees, to (name) or otherwise as the law may require.

Issued 19 .

By the Court
Registrar (or Chief Clerk)

Issued at the request of the plaintiff (name and address) (or (name) of (address and telephone number) solicitor for the plaintiff (name and address) ).

(The defendant resides at (address) .)

*omit if irrecoverable by reason of Part 52A rule 46

Form 57: Ins 2.6.1972. Am 30.3.1979; 23.10.1987; 2.4.1993; 24.6.1994.

Form 57A

P 45, r 15 (2).

NOTICE TO JUDGMENT DEBTOR OF INTENTION TO SELL LAND

To the judgment debtor:

1. A writ of execution has been registered against the title to your land described in the Schedule below and the land is bound by the writ.

2. Unless the writ is satisfied or you make arrangements as mentioned in paragraph 3 or obtain an order mentioned in paragraph 4, your land, described in the Schedule below, may be sold by the Sheriff under the authority of the writ.

3. You may make arrangements for the sale or mortgage of the land by you subject to the judgment creditor’s consent. That consent will only be given on condition that an amount for the proceeds of the sale or mortgage, stipulated by the judgment creditor, is paid to the Sheriff towards satisfaction of the writ of execution. If you wish to make any such arrangements you should contact the judgment creditor’s solicitor immediately.

4. You may apply to the Court for an order staying proceedings on terms, which may include terms as to payment by instalments of the money to be levied under the writ.

SCHEDULE

(description of land by street number, etc.)

By the Court,
Registrar.

Form 57A: Ins 28.5.1982. Am 23.2.1990.

Form 57B

(Memorandum to be endorsed on notice of sale for service on judgment debtor.)

P 45, r 18.

To the judgment debtor:

You may apply to the Court for an order staying proceedings on terms, which may include terms as to payment by instalments of the money to be levied under the writ.

Form 57B: Ins 28.5.1982. Am 23.2.1990.

Form 58

P 46, r 3.

GARNISHMENT NOTICE

1. Particulars—

(a)	Judgment creditor:	(name)
(b)	Judgment debtor:	(name, address and occupation).
(c)	Garnishee:	(name, address and occupation).
(d)	Debt: (Give the particulars required under Part 46 rule 3 (6), including also, if the debt is a wage or salary, the provisions of section 99 of the Act.)
(e)	leave granted on 10 April 19 .
(f)	amount due to judgment creditor at the date leave granted	$
	provision for subsequent interest and for costs	$
	(where applicable amount recoverable under s. 107 (1) of the Service and Execution of Process Act 1992 (Commonwealth)	$ )
	sum required	$

2. All debts which are due or accruing from the garnishee to the judgment debtor at the time of service of this notice are attached and bound in the hands of the garnishee to the extent of the sum required.

3. The judgment creditor will at 10 a.m. on 7 May 19 , at (address of Court) move the Court for an order for payment under Part 46 of the rules of Court.

4. The garnishee may pay the debts attached into Court to the extent of the sum required, retaining, if he pays into Court before 7 May 19 , $ for his costs. Otherwise the Court may order him to pay the debts attached to the judgment creditor to the extent of the sum required and interest thereon and costs.

5. Provision exists for the determination, at the hearing, of any dispute concerning the liability of the garnishee to pay the debts attached.

(Follow the prescribed form of conclusion of documents for use by a party, Form 4, and add—

The address for service of the judgment creditor is (address)

Form 58: Ins 2.6.1972. Am 24.8.1973. Subst 1.5.1987. Am 2.4.1993.

Form 59: Ins 2.6.1972. Am 23.5.1997. Subst 5.12.1997. Am 23.5.2003; 13.6.2003. Rep 2007 (446), Sch 1 [10].

Form 59A: Ins 5.12.1997. Rep 2007 (446), Sch 1 [10].

Form 60: Ins 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60AA (previously Form 60): Ins 2.6.1972. Am 20.12.1974; 4.4.1975; 23.12.1977; 23.5.1980; 8.7.1983; 20.2.1987; 3.9.1993; 23.12.1994; 22.9.1995. Renumbered 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60A: Ins 3.9.1993. Am 22.9.1995. Rep 2007 (446), Sch 1 [10].

Form 60B: Ins 23.12.1994. Am 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60C: Ins 23.12.1994. Am 24.2.1995; 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [10].

Form 61: Ins 2.6.1972. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 61AA: Ins 3.9.1993. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 61A: Ins 21.12.1979. Am 24.8.1990. Subst 14.12.1990; 23.12.1994. Am 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 61B: Ins 23.12.1994. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 62: Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 23.5.1980; 19.7.1985; 20.2.1987; 22.9.1995; 22.3.1996; 23.5.1997; 13.6.2003. Rep 2007 (446), Sch 1 [10].

Form 62A: Ins 22.8.1975. Am 23.12.1977; 23.5.1980; 20.2.1987; 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 62AA: Ins 16.1.1981. Am 8.7.1983; 23.5.1997 (see erratum 14.11.1997). Rep 2007 (446), Sch 1 [10].

Form 62AA1: Ins 24.7.1998. Am 23.10.1998; 20.4.2000. Rep 2007 (446), Sch 1 [10].

Forms 59–62AA1

(Repealed)

Form 62AAA

(Items, etc. in a bill of costs).

P 52, r 49 (1).

Work done.

1.	}	(number the items consecutively)
2.
3.

Skill care and responsibility.

4.	}	(continue the consecutive numbers)
5.
6.

Disbursements.

7.	}	(continue the consecutive numbers)
8.
9.

(add the note required by Part 52 rule 49 (1B) and, if Part 52 rule 49 (1) (e) applies, the statement required by that rule.)

Form 62AAA: Ins 20.4.1990. Am 2.10.1992.

Form 62AB

(Undertaking to pay disbursement).

P 52, r 49 (3A).

UNDERTAKING

I undertake to the Court that, out of any money received at any time and from time to time by me or from or on behalf of my client in payment of the costs which are the subject of my bill, I will, subject to any appropriation by the payer, within 21 days of receipt pay (if there is only one unpaid disbursement—to (name) his fee or, if the money received is less than his fee, the amount received, until his fee is paid) (if there is more than one unpaid disbursement—to (name) and (name) their fees or, if the amount received is less than their fees, to each of them that proportion of the amount received as his fee bears to the total fees, until their fees are paid).

Date

solicitor.

Form 62AB: Ins 9.12.1983.

Form 62AC

(Notice to serve objections to bill of costs. No heading or title: for attaching or subscribing to the bill.)

P 52, r 50A (4).

To the party liable to pay the costs in the within bill:

Costs claimed in (the attached or this as the case may require) bill may be allowed and the taxation may be concluded unless, within 21 days after service on you of this notice, you serve on the party entitled to the costs a notice in the prescribed form stating the item or items to which you object and the nature and grounds of your objection.

Form 62AC: Ins 23.12.1983. Am 2.10.1992.

Form 62AD

P 52, r 50A (5).

NOTICE OF OBJECTION TO A BILL

ITEM NO	NATURE AND GROUND OF OBJECTION	AMOUNT OBJECTED TO		OBJECTION CONCEDED
		$	¢	$	¢
(¹)(³)	(¹) (⁴)	(¹)	(⁵)	(²)	(⁶)

		(⁷)		(⁸)

Amount disputed $ (⁹)

	(signature)
	Solicitor for (party objecting)
	(signature)
	Solicitor for (party who served bill)

(¹) This column to be completed by party objecting.

(²) This column to be completed by party who served bill.

(³) State the number of the item objected to. Where the objection is that Part 52 rule 49 (1) (e) has not been complied with, state “not applicable”.

(⁴) State these shortly but specifically. Where the objection is that Part 52 rule 49 (1) (e) has not been complied with, state the proportion by which the costs claimed are reduced by Part 52 rule 23 (4) or by an order under Part 52 rule 6 (2) (a) or Part 52 rule 24 (4).

(⁵) State how much of the item is objected to. Do not include an amount in respect of any objection that Part 52 rule 49 (1) (e) has not been complied with.

(⁶) Where an objection is wholly or partly conceded, write the amount conceded beside the objection. Where the objection is that Part 52 rule 49 (1) (e) has not been complied with, do not state any amount but write instead “conceded”.

(⁷) & (⁸) Total this column but do not take account of any item solely for skill, care and responsibility.

(⁹) Subtract the total at (8) from the total at (7) and show remainder.

Form 62AD: Ins 2.10.1992.

Form 62AE

P 52, r 50A (7).

CERTIFICATE OF TAXATION

I certify that (pursuant to judgment (order) entered date) (or pursuant to Part 52 rule 16 the plaintiff having filed notice of discontinuance on date) (or pursuant to section 10 of (state Act)) the defendant’s costs as between party and party, which are payable after making any reduction required by Part 52 rule 24 (4) or by an order under Part 52 rule 6 (2) (a) or by an order under Part 52 rule 24 (4), are $ .

Dated

(description of officer)

Form 62AE: Ins 2.10.1992.

Form 62B

REQUEST FOR APPOINTMENT FOR HEARING

P 52, r 50 (4) (ii).

The (plaintiff) requests an appointment for hearing before a taxing officer.

The items or other matter with which the (plaintiff) disagrees are—

Form 62B: Ins 23.5.1980. Am 2.10.1992.

Form 63

(No heading or title if made on a filed bill; see rule 59 (5).)

P 52, r 59.

CERTIFICATE OF TAXATION

I certify that (pursuant to judgment (order) entered
19 ) (or pursuant to Part 52 rule 16, the plaintiff having filed notice of discontinuance on 19 ) (or pursuant to section 10 of (state Act)) the defendant’s costs as between party and party have been taxed and allowed at $ .

The amount payable, after making any reduction required by Part 52 rule 24 (4) or by an order under Part 52 rule 6 (2) (a) or by an order under Part 52 rule 24 (4), is $ .

Dated

Taxing Officer

Form 63: Ins 2.6.1972. Am 23.12.1983; 2.10.1992.

Form 64

P 52, r 60.

STATEMENT OF OBJECTION TO TAXATION OF PLAINTIFF’S BILL

(Classify the items and divide them into separate paragraphs according to the nature or grounds of the objection or set them out as follows:

Number of item	Page of bill	Item or part objected to	Nature and grounds of grounds
7	2	..........	(State these shortly but specifically).
10	2	..........

Form 64: Ins 2.6.1972.

Form 64A

P 52, r 68 (7).

(Request for taxation or moderation)

(no heading or title)

I have read this bill of costs. I request that it be taxed (or moderated). I wish (or do not wish) to be present when the bill is taxed (or moderated).

Dated 7 May 19 .

	(signature)
	executor (or administrator or trustee)

Form 64A: Ins 7.7.1972.

Form 64B

P 53, r 3.

(Security for costs)

DEED

PARTICULARS

1.	Date:	7 May, 19..
2.	Guarantor: (name)
		(address for service)
3.	state the party claiming the relief for example:
	Plaintiff: (name)
		(address for service)
4.	state the party against whom the relief is claimed for example:
	Defendant: (name)
		(address for service)
5.	Proceedings No .. of 19.. in the .. Division (or as the case may be) of the Supreme Court of New South Wales.
6.	Date of order to give this security: 10 April, 19..

By this deed the guarantor promises the (defendant) that, (as ordered, for example if the (plaintiff) does not pay to the (defendant) all costs which the (plaintiff) may have been ordered to pay to the (defendant) in the above proceedings, the guarantor will pay to the (defendant) whatever is required to make good the (plaintiff’s) default to a limit of $ ..).

Signed sealed and delivered (and so on) (or as the case may be).

Form 64B: Ins 25.5.1990.

Form 65

P 55, r 10.

WARRANT FOR ARREST

TO THE SHERIFF—

Arrest (name) and bring him before the Court to answer a charge of contempt detaining him in custody in the meantime unless, by paying the sum of $ into Court (or as the case may be) he gives security for his appearance in person before the Court to answer the charge and to submit to the (judgment or) order of the Court.

Dated 7 May 19 .

Judge

Form 65: Ins 2.6.1972.

Form 66

P 55, r 12.

WARRANT FOR COMMITTAL

TO THE SHERIFF—

Take (name) to (name of correctional centre) and deliver him to the Superintendent of that correctional centre.

TO THE SUPERINTENDENT OF (name of correctional centre)

Receive (name) into your custody and keep him there until the further order of this Court (or as the case may be).

His committal is for contempt of court in that he (state the nature of the contempt, for example, wilfully insulted the Judge while the Judge was sitting in Court).

Dated 7 May 19 .

Judge

Form 66: Ins 2.6.1972. Am 28.7.1978; 21.2.1997.

Form 67

(Heading and title if possible.)

P 56, r 5.

NOTICE OF CLAIM

The claimant claims the property described in the schedule, being (part of) the property taken (intended to be taken) in execution by the Sheriff at (address) under process against (name) .

SCHEDULE
(description)

Dated 7 May 19 .

(signature)
claimant’s solicitor

Claimant: (name)

Place of abode:

Address for service:

To the execution creditor:

If you do not, within (4) days after service of this notice upon you, serve on the Sheriff a notice that you admit this claim, the Court may on application by the Sheriff grant relief by way of interpleader.

If you admit the claim, you will not be liable to the Sheriff for any fees or expenses incurred by him after you serve on him notice that you admit it.

(signature)
Sheriff

Form 67: Ins 2.6.1972.

Form 68

P 59, r 4.

ORDER

THE COURT ORDERS THAT—
(where the 1924 Act applies

1. the judgment dated (date) of the (court) by which it was adjudged that (name) pay money to (name) be registered under Part 2 of the Administration of Justice Act 1924;

2. (name) may within ..... days after service upon him of notice of registration apply to set aside the registration;

3. the amount for which judgment may be enforced is $ ;

4. the costs of and incidental to the application for this order and of registration of the judgment be added to the amount specified in paragraph 3 of this order.)

(where the 1973 Act applies

1.  The judgment dated (date) of the (court) by which it was adjudged that (name) pay money to (name) (or state shortly the terms of and identify the judgment) be registered under Part 2 of the Foreign Judgments Act 1973 for—
(a)  the sum of $     ;
(b)  (where, by the law of the country of the original court, interest becomes due under the judgment, specify amount of interest that will become due up to time of registration or how interest is to be calculated);
(c)  the costs of and incidental to the application for this order and of registration of the judgment.

2. (name) may, within ..... days after service upon him of notice of registration, apply to set aside the registration;

(if the judgment may be enforced for the amount for which it is to be registered,

3. the judgment may be enforced for the amount for which it is registered.)

(otherwise

3. the amount for which judgment may be enforced is $ ;

4. the judgment may also be enforced for the interest and costs for which judgment is registered.) )

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 68: Ins 2.6.1972. Am 23.12.1988. Subst 2.10.1992.

Form 69

P 59, r 6.

NOTICE OF REGISTRATION OF JUDGMENT

To: (name)
(where the 1924 Act applies

1. The judgment of (here follow the terms of the order) has been registered in this Court under Part 2 of the Administration of Justice Act 1924;

2. the amount including costs, for which judgment may be enforced against you is $ )

(where the 1973 Act applies

1.  The judgment of (here follow the terms of the order) has been registered in this Court under Part 2 of the Foreign Judgments Act 1973 for—
(a)  the sum of $  ;
(b)  (where applicable interest of $   ;)
(c)  costs of $  .

2. The judgment may be enforced for the amount for which it is registered (or specify total amount for which judgment may be enforced).)

(where either Act applies

3. you may, within ..... days after the service of this notice upon you, file notice of motion to set aside the registration;

(If applicable and see Part 59 rule 6 (4),

4. the address for service of the above plaintiff, the judgment creditor, is (address).) )
Dated:

....................
Solicitor for plaintiff

Form 69: Ins 2.6.1972. Am 23.12.1988. Subst 2.10.1992.

Form 69A: Ins 2.10.1992. Rep 2008 (62), Sch 1 [28].

Form 69B: Ins 2.10.1992. Am 30.10.1992. Rep 2008 (62), Sch 1 [28].

Forms 69A, 69B

(Repealed)

Form 70

P 60, r 12.

NOTICE OF APPEAL

APPELLANT: JAMES STYLES

RESPONDENT: JOHN LEE

The appellant appeals to the Court constituted by a Judge from the decision (or as the case may be) of the associate Judge (or the following part of the decision of the associate Judge: (state the part)).

GROUNDS: (state briefly but specifically the grounds relied upon in support of the appeal).

ORDER SOUGHT: (state what judgment order or determination the appellant seeks in place of the decision of the associate Judge).

To the respondent:
If there is no attendance before the Court by you or your counsel or solicitor at the time and place specified below, the appeal may be dealt with and you may suffer a judgment or order against you in your absence.

Time and place for attendance:
Time: at (10 a.m.)
Place: (address of Court).

Form 70: Ins 2.6.1972. Am 19.7.1985.

Form 70AA

P 65C, rr 3 (4), 4 (4).

OATH OF OFFICE

I, (name) of (address) do swear that (if the oath is taken in relation to proceedings commenced or proposed to be commenced under the Mutual Recognition Act 1992 of the Commonwealth or under the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth, add if I am enrolled as a legal practitioner by the Supreme Court of New South Wales) I will truly and honestly conduct myself in the practice of a legal practitioner of the Supreme Court of New South Wales and I shall faithfully serve as such in the administration of the laws and the usages of that State according to the best of my knowledge, skill and ability.

	(Signature of person taking oath)
	....................

CERTIFICATE

I, (name) of (address), certify that I duly administered the above oath on (date)
(date)

	(Signature of a person administering oath)
	......................... (Office of person administering oath)

Form 70AA: Ins 21.5.1993. Am 24.6.1994; 24.4.1998.

Form 70A

P 66, r 7 (2).

NOTICE OF INTENTION TO CEASE ACTING AS SOLICITOR

To (name of former client):

After (number of days not less than seven) days from (date), I (or, name of solicitor corporation) will file in the registry of the Court a notice that I have (or, it has) ceased to act as your solicitor in these proceedings.

You must therefore cause to be filed in the registry of the Court and served upon the defendant (or as the case may be, or, if the defendant has a solicitor, the defendant’s solicitor) a notice in the prescribed form stating the name of, and address of the office of, the solicitor who is to act for you, or, if you do not have a solicitor who is to act for you, stating your address for service of documents, which address shall be the address of a place within three kilometres of the General Post Office, Sydney (or as the case may require; see Part 9 rule 6 (2)).

Until that notice is so filed and served, any document to be served on you in the proceedings will be taken to have been served on you if a copy of it is left at or sent to (address of the usual or last known place of business or of abode of the former client).

Form 70A: Ins 20.12.1985. Am 20.9.1991.

Form 70B

P 66A, r 4 (3).

REFERRAL CERTIFICATE

I, (name), Associate to the Honourable Justice (name), certify that on (date){ his or her} Honour has determined, pursuant to Part 66A subrule 4 (1), that it is in the interests of the administration of justice that the following litigant be referred for legal assistance under that Part.

Name of litigant referred:

Nature of legal assistance for which referral made (eg to obtain advice, to appear at the hearing of the matter listed on a particular date; see Part 66A r 5):

Date:

(Signature of associate)

Form 70B: Ins 20.4.2000.

Form 71

P 69, (2).

WRIT OF HABEAS CORPUS

To: (name and address)

Have (name of person detained) before the Court at (address) on 7 May 1972 at 10 a.m. and thereafter submit to the further order of this Court as to his custody.

Witness (name) Chief Justice, 1972.

	By the Court
	Registrar (or Chief Clerk)

This writ is issued at the request of (name and address).

Form 71: Ins 2.6.1972. Am 30.3.1979.

Form 71A: Ins 24.10.1986. Rep 24.9.1993.

Form 71B: Ins 24.10.1986. Rep 24.9.1993.

Forms 71A, 71B

(Repealed)

Form 71C

P 72B, r 3 (1).

ARBITRATOR’S AWARD AND REGISTRAR’S NOTICE TO PARTIES

I have determined these proceedings under the Arbitration (Civil Actions) Act 1983 and have made the following award:

Award made in favour of
in the sum of $

(Where applicable, This award is made with the consent of all parties.)

I attach my reasons for the award (where a party failed to attend a hearing before the arbitrator) and information which I wish to bring to the attention of the Court.

Arbitrator.
(Date)

Date of sending by the Court:

(Unless the award is made with the consent of all parties add the following notice:

Notice by Registrar to parties.

Unless a party makes application to the Court for a rehearing before the Court, and pays the prescribed fee, before the expiration of 28 days from the above date of sending by the Court, this award may be deemed to be the judgment of the Court and enforceable as such.

Registrar.

Form 71C: Ins 22.12.1989.

Form 71D

P 72B, r 3 (2).

ARBITRATOR’S REASONS FOR AWARD

Reasons for my award dated are as follows:

(Set out reasons sufficient to make the parties aware of the arbitrator’s view of the case made by each party).

(Where a party failed to attend the hearing before the arbitrator add:

The defendant (or as the case may be) failed to attend the hearing before me on (date).
and set out any information known to the arbitrator relating to reasons for the failure).

Arbitrator.
(date)

Form 71D: Ins 22.12.1989.

Form 71E

P 72B, r 5 (1) (a).

APPLICATION FOR REHEARING

I apply for an order under section 18 (2) of the Arbitration (Civil Actions) Act 1983 for a [if applicable full or limited] rehearing of these proceedings.

(Date)

Solicitor for

This application was filed on and a rehearing of the proceedings before the Court has been ordered.

(Add any notice of appointment for directions or as required)

Registrar.

Form 71E: Ins 22.12.1989. Am 21.8.1998.

Form 72: Ins 2.6.1972. Am 23.12.1977; 19.7.1985; 20.2.1987. Subst 24.4.2003. Am 13.6.2003. Rep 2008 (62), Sch 1 [28].

Form 73: Ins 2.6.1972. Am 25.10.1996. Rep 24.4.2003.

Form 73A: Ins 27.3.1987. Rep 24.4.2003.

Form 73B: Ins 27.3.1987. Am 22.11.1996. Rep 24.4.2003.

Form 74: Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [28].

Forms 72–74

(Repealed)

Form 74AA

(Subpoena to a natural person: criminal proceedings)

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION

To	(¹)
	(²)

THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 a.m. (⁷) and until you are excused by the Court from further attending; but—
(i)  you need not comply with this subpoena if the party who requested its issue has excused you from compliance;
(ii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance and production to a later time.

SCHEDULE

(⁸)

Dated 19

By the Court,
(⁹)

Issued at the request of (¹⁰) whose address for service is (^10A).

Note that—

(1) if you do not comply with this subpoena you may be arrested.
(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused) add—

(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).
or
(If the subpoena is issued at the request of the accused or at the request of the Solicitor (for Public Prosecutions on behalf of the accused) add—

(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.

(3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.

(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.

(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form.

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, [7 May 19 .]

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) description of documents and things.

(⁹) signature and description of officer of the Court.

(¹⁰) state person at whose request the subpoena was issued.

(^10A) address for service.

(¹¹) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AA: Ins 29.6.1984 (see erratum 27.7.1984). Am 2.10.1992; 2.4.1993; 25.10.1996.

Form 74AB

(Subpoena to a corporation for production and for its proper officer to answer questions concerning (possession, etc., of documents: criminal proceedings.)

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS

To	(¹)
	(²)

THE COURT ORDERS that—

1. (1) “the corporation” shall produce this subpoena and the documents and things described in the schedule by causing its proper officer to attend and produce them—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 a.m. (⁷) and until the officer is excused by the Court from further attending; but—
(i)  the corporation need not comply with this subpoena if the party who requested its issue has excused the corporation from compliance;
(ii)  if the corporation is a bank and is required by this subpoena to produce a banker’s book and the corporation is not a party to these proceedings and Part IV of the Evidence Act 1898 would have applied prior to its repeal, the corporation need not cause its officer to produce it if the corporation causes him to produce proof of the relevant entries in it in accordance with that Part;
(iii)  the party who requested the issue of this subpoena may, by written or oral notice to the corporation, alter the time for attendance or production to a later time.

2. the officer who is to attend shall make inquiries for the purpose of answering, and, on attending, shall answer, such questions as the Court requires him to answer concerning the possession or custody of those documents and things.

SCHEDULE
(⁸)

Dated 19 .

By the Court,
(⁹)

Issued at the request of (¹⁰) whose address for service is (^10A).

Note that—

(1) where the corporation fails to comply with this subpoena, this subpoena may be enforced by sequestration of the property of the corporation or by arrest of an officer of the corporation or by both means.

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add—

(2) if you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);

(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused) add—

(2) you are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;

(3) documents and things produced by the corporation in accordance with this subpoena may be returned by post to it at its address shown on this subpoena but it may in writing on or attached to this subpoena request that they be posted to it at another address given by it;

(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena;

(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing this form.

(¹) name of corporation.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) description of documents and things.

(⁹) signature and description of officer of the Court.

(¹⁰) state person at whose request the subpoena was issued.

(^10A) address for service.

(¹¹) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AB: Ins 29.6.1984. Am 2.10.1992; 2.4.1993; 25.8.1995; 25.10.1996.

Form 74AC

(Subpoena to give evidence: criminal proceedings)

P 75, r 2 (1) (r).

SUBPOENA TO GIVE EVIDENCE

To	(¹)
	(²)

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

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 a.m. (⁷) and until you are excused by the Court from further attending; but—
(i)  you need not comply with this subpoena if the party who requested its issue has excused you from compliance;
(ii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for attendance to a later time.

Dated 19 .

By the Court, (⁸)

Issued at the request of (⁹) whose address for service is (^9A)

Note that—

(1) If you do not comply with this subpoena you may be arrested; and

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add—

(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed);

(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused) add—

(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused;

(3) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form.

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) signature and description of officer of the Court.

(⁹) state person at whose request the subpoena was issued.

(^9A) address for service.

(¹⁰) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AC: Ins 29.6.1984. Am 2.10.1992; 2.4.1993; 25.10.1996.

Form 74AD

(Subpoena for production and to give evidence: criminal proceedings).

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE

To	(¹)
	(²)

THE COURT ORDERS that you shall attend and produce this subpoena and the documents and things described in the schedule and attend for the purposes of giving evidence—

(a) before the Court (³);

(b) at (⁴);

(c)  on (⁵) (⁶) at 10 a.m. (⁷) and until you are excused by the Court from further attending; but—
(i)  you need not comply with this subpoena if the party who requested its issue has excused you from compliance;
(ii)  the party who requested the issue of this subpoena may, by written or oral notice to you, alter the time for production or attendance to a later time.

SCHEDULE
(⁸)

Dated 19 .

By the Court,
(9)

Issued at the request of (¹⁰) whose address for service is (^10A).

Note that—

(1) if you do not comply with this subpoena you may be arrested.

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than on behalf of the accused, add—

(2) If you wish to be paid the expenses allowable in respect of your attendance, you must produce the certificate endorsed duly completed).

(If the subpoena is issued at the request of the accused or at the request of the Solicitor for Public Prosecutions on behalf of the accused add—

(2) You are not entitled to payment by the Crown of your expenses in respect of your attendance unless legal aid has been granted to the accused.

(3) documents and things produced by you in accordance with this subpoena may be returned by post to you at your address shown on this subpoena but you may in writing on or attached to this subpoena request that they be posted to you at another address given by you.

(4) any questions relating to the requirements of this subpoena should be directed not to the Court but to the person who requested the issue of this subpoena.

(5) Being excused from compliance with this subpoena does not excuse you from compliance with any other subpoena.

Directions for completing the above form.

(¹) name.

(²) address.

(³) or as the case may require.

(⁴) address of Court or other place.

(⁵) date, for example, 7 May 19 .

(⁶) or on a date during the sittings beginning on (⁵) and ending on (⁷), notice of which date will be given to you.

(⁷) date, for example, 21 May 19 .

(⁸) description of documents and things.

(⁹) signature and description of officer of the Court.

(¹⁰) state person at whose request the subpoena was issued.

(^10A) address for service.

(¹¹) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear a margin of 25 millimetres on the right hand side.

Form 74AD: Ins 29.6.1984 (see erratum 27.7.1984). Am 2.10.1992; 2.4.1993; 25.10.1996.

Form 74AE

(Form of indictment)

P 75, r 3D (1).

(Under the description INDICTMENT on the form insert a statement of the nature of the offence, for example for murder and, if a statutory offence, insert under that statement under s. ..... of the Crimes Act 1900or as the case may require.

New South Wales

On 7 May 20 the Attorney General (or Director of Public Prosecutions) on behalf of Her Majesty (or as the case may require: see ss. 8 and 9 of the Criminal Procedure Act 1986) charges that (state the offence and its Law Part Code, if any).

(signature, full name and capacity of signatory: see s 126 of the Criminal Procedure Act 1986.)

Form 74AE: Ins 31.12.1987. Am 25.2.2000; 29.8.2003; 17.12.2004.

Form 74AF

P 75, r 3E.

(No heading or title)

BAIL ACT 1978

APPLICATION TO THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL FOR BAIL OR REVIEW OF BAIL OR VARIATION OF EXISTING BAIL CONDITIONS.

I, ............................................. (full name)
of ............................................................
.......... (address) (..... Phone No) (..... MIN if known)

make application for—
[ ]	bail
[ ]	review of bail determination
[ ]	variation of existing bail conditions only

NOTE

(a) You must nominate only ONE of the above choices.

(b)  If you—
(i)  remain in custody because any bail condition has not been complied with; and
(ii)  want only bail conditions varied,
you should choose “variation of existing bail conditions only” above. If the bail condition you want varied was imposed by a court other than the Supreme Court and you remain in custody because that bail condition has not been complied with, you must make your application to that other court, not to the Supreme Court.

What is your date of birth? ...............

Do you need an interpreter? [ ] Yes [ ] No

If Yes, what language? ..............................

If you are an Aborigine or Torres Strait Islander—

(a) Do you want the Aboriginal Legal Service to represent you in your application? [ ] Yes [ ] No

(b) If Yes, do not answer Question 5.

Do you want the Legal Aid Commission to represent you in your application?
[ ] Yes No [ ]

If No, who will represent you at the hearing of your application? ............................................................
............................................................
.......... (name of solicitor and firm and, if known, fax no)

To what charges does your application apply? ............................................................
............................................................
............................................................
............................................................
............................................................

Page 1 of 4

(a) What is the date of your next appearance in court on these charges? ............................................................

(b) In which court are you appearing next?
[ ] Court of Criminal Appeal
[ ] Supreme Court
[ ] District Court
[ ] Local Court

at ...............

Have you had a committal hearing at the Local Court?
[ ] Yes [ ] No

(a)  If Yes—
(i)  What was the date? ....................
(ii)  Which Local Court? ....................

(b)  If No, has a date been set for the committal hearing at the Local Court?
[ ] Yes [ ] No
If Yes—
(i)  What was the date? ....................
(ii)  Which Local Court? ....................

(c)  Have you been committed for trial or sentence?
[ ] Yes [ ] No
If Yes—
(i)  was it for [ ] trial     [ ] sentence
(ii)  which court [ ] Supreme Court [ ] District Court
at....................

(d) Are you presently on appeal after trial or sentence?
[ ] Yes [ ] No
If Yes, which court? [ ] Court of Criminal Appeal [ ] District Court

Are there any co-accused (or co-defendants) in this matter?
[ ] Yes [ ] No

If Yes, who? ............................................................
............................................................
............................................................

10.

Are you presently in custody? [ ] Yes [ ] No

If Yes, please answer the following—

(a) What date were you taken into custody of these charges? ............................................................
..............................

(b) Are you presently serving a sentence? [ ] Yes [ ] No
If Yes, when are you due for release? ..........

(c) Which gaol are you presently in? ...............

(d) If released on bail, where do you intend to live? ............................................................
..... (address)
(.......... Phone No)

11.

Who is the police officer in charge of your case? ............................................................
............................................................

Page 2 of 4

ANSWER QUESTIONS 12 TO 15 ONLY IF YOU REPLIED “VARIATION OF EXISTING BAIL CONDITIONS ONLY” TO THE CHOICE IN PARAGRAPH 1.

12.

If you are you in custody, is it only because you have not complied with a condition of the bail which you are seeking to have varied? [ ] Yes [ ] No

13.

What court granted the bail, a condition of which you seek to have varied?

[ ] Court of Criminal Appeal

[ ] Supreme Court

[ ] District Court

[ ] Local Court

NB If the bail condition you want varied was imposed by a court other than the Supreme Court and you remain in custody because that bail condition has not been complied with, you must make your application to that other court, not to the Supreme Court.

14.

What variation are you asking for? ............................................................
............................................................
............................................................
............................................................
............................................................

15.

On the previous grant of bail, was there any surety involved?
[ ] Yes [ ] No

If Yes, please state the name and address of each surety ............................................................
............................................................
............................................................
............................................................
............................................................

NOTE

If a surety was involved, unless the surety appears in person at the hearing of this application and consents to it, you will be required to produce at court at the hearing of this application—

(a) evidence of notification of the surety of the date of listing of this application and of the nature of the variation sought; AND

(b) the written consent of the surety to that variation.

16.

If this application is to the Supreme Court—

(a) Is this your [ ] 1st [ ] 2nd [ ] 3rd [ ] 4th [ ] More application of any kind to the Supreme Court in relation to bail?

(b) If the answer to (a) is not “1st”, please state the special facts or special circumstances which justify the making of this further application.

IF THIS APPLICATION IS TO THE SUPREME COURT, YOUR APPLICATION WILL NOT BE ENTERTAINED UNTIL A SATISFACTORY ANSWER IS GIVEN TO THIS QUESTION.

REPRESENTATIVES OF THE LEGAL AID COMMISSION (OR, WHERE APPLICABLE, THE ABORIGINAL LEGAL SERVICE) WILL ASSIST APPLICANTS WITH THIS QUESTION IF REQUIRED

Page 3 of 4

............................................................
............................................................
............................................................
............................................................
............................................................
............................................................

17.

If this form is completed by a solicitor on behalf of the applicant, what approximate time is it anticipated that the hearing of the application will take? ............................................................
............................................................
............................................................

18.

Any other comments you wish to make ............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................

NOTE

(a)  This note applies only if—
(i)  this application is to the Supreme Court and will be heard in Sydney; and
(ii)  at the time this application is filed in the Court, you are in custody but are NOT in a detention centre within the meaning of the Children (Detention Centres) Act 1987 or in the Long Bay Correctional Complex.

(b) Subject to paragraph (c), the hearing of this application will be conducted by means of video link facilities without your personal attendance at court. Video link facilities allow two-way audio and visual communication of television standard between the Court and the Metropolitan Remand and Reception Centre, including private communication between you and your legal representative. If you are in another correctional centre, you will be sent to the Metropolitan Remand and Reception Centre for the hearing.

(c)  The Court may, if it is in the interests of justice to do so, order that the hearing of this application is not to be conducted by video link. An application for such an order—
(i)  must be in the prescribed form, which is available on request;
(ii)  must be filed with this application, together with any supporting documents;
(iii)  will be dealt with before this application is placed in the list for hearing; and
(iv)  may be dealt with by the Court in the absence of the public and without any attendance by or on behalf of yourself.

Signed ....................

Date ............... 199..

Page 4 of 4

Form 74AF: Ins 25.6.1993. Am 20.8.1993. Subst 19.11.1993. Am 19.11.1993; 22.3.1996. Subst 26.4.1996 (see errata 3.5.1996). Am 19.12.1997; 20.10.2000.

Form 74AG

(Repealed)

Form 74AG: Ins 19.11.1993. Am 19.11.1993; 22.3.1996. Rep 26.4.1996.

Form 74AH

P 75, r 3F.

(No heading or title)

ACCEPTABLE PERSON—INFORMATION FORM

ACCUSED NAME:	........................................
AMOUNT OF SECURITY/ CASH REQUIRED:	........................................
PROPOSED ACCEPTABLE PERSON...................................
ADDRESS:	........................................
OCCUPATION:	........................................
SOURCE OF IDENTIFICATION: ...................................

1.	How long have you known the accused? ..............................
2.	What is the nature of your acquaintance with the accused? .................... ..................................................
3.	Have you had any criminal convictions?	[ ] Yes	[ ] No
4.	Do you have any criminal charges outstanding?	[ ] Yes	[ ] No
5.	Do you have any bankruptcy proceedings pending/in process?	[ ] Yes	[ ] No
6.	If Yes to any of the above three questions, provide details here ............... ....................................................... ....................................................... ....................................................... ....................................................... .......................................................
7.	Are you currently surety in any other matter?	[ ] Yes	[ ] No
8.	If Yes, provide details ........................................ ....................................................... ....................................................... ....................................................... ....................................................... .......................................................
9.	IF YOU PROPOSE TO ENTER INTO AN AGREEMENT WITHOUT SECURITY TO FORFEIT AN AMOUNT OF MONEY. Provide full details of your financial resources to pay the amount required, should the accused fail to comply with the Bail Undertaking (eg. Bank accounts, furniture etc.) ..... ....................................................... .......................................................
10.	IF YOU PROPOSE TO DEPOSIT AN ACCEPTABLE SECURITY. What security are you providing? ............................................. ....................................................... ....................................................... ....................................................... ....................................................... .......................................................
11.	IF YOU PROPOSE TO DEPOSIT CASH. Is this your money?	[ ] Yes	[ ] No
	Provide details of where you obtained the money ......................... ....................................................... ....................................................... ....................................................... ....................................................... .......................................................

I hereby offer myself for consideration as an acceptable person under the provisions of the Bail Act 1978, and I understand that should any answer that I have given be untrue or wilfully misleading I may be charged with a Criminal Offence.

I further understand that if the Accused person fails to comply with any conditions of his/her Bail Undertaking then the money/security that I am lodging may be forfeited to the Crown, and, should I desire to be discharged from my obligation under the Bail Act 1978, I must make application to the Court whilst the accused person is present before the Court.

I do solemnly and sincerely declare and affirm that the answers that I have given in this document are true and correct to the best of my knowledge, information and belief. AND I make this solemn declaration as to such matters according to the Oaths Act 1900, and subject to the punishment by law provided for any wilfully false statement in any such declaration.

.........................
PROPOSED ACCEPTABLE PERSON
Declared this day of 199 , at the Supreme Court, Queen’s Square, Sydney before me
....................
JUSTICE OF THE PEACE

Form 74AH: Ins 19.11.1993.

Form 74AHA

P 75, r 3FA.

OBJECTION TO CONFIRMATION OF FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL

I, (full name) of
(address) object to confirmation of the forfeiture order made by the Supreme Court*/Court of Criminal Appeal* on (date) in these proceedings.

*delete as required

The order affects me in the following manner—
(state how you are affected)

I rely on the following grounds—
(state grounds of objection)

Signed:

Date:

Time for hearing:

Place:

Form 74AHA: Ins 24.11.2000.

Form 74AHB

P 75, r 3FB.

APPLICATION TO SET ASIDE FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL

I, (full name) of
(address) apply to set aside the forfeiture order made by the Supreme Court*/Court of Criminal Appeal* on (date) in these proceedings.

*delete as required

The order affects me in the following manner—
(state how you are affected)

I rely on the following grounds—
(state grounds of application)

Signed:

Date:

Time for hearing:

Place for hearing:

Form 74AHB: Ins 24.11.2000.

Form 74AI

(Repealed)

Form 74AI: Ins 19.11.1993. Am 22.3.1996; 19.12.1997. Subst 20.10.2000. Rep 23.11.2001.

Form 74AJ

P 75, r 3H (1)

ELECTION UNDER S. 132 (1) OF THE CRIMINAL PROCEDURE ACT 1986

I, , of , being charged with (short details of the charge, or all of the charges, in the proceedings), elect to be tried by a Judge alone in respect of the alleged offence(s).

I have before making this election sought and received advice in relation to the election from barrister (or solicitor).

The date fixed for my trial is 19 .

Dated:

	Accused
Witness to signature of accused

Full name and address of witness:
The Director of Public Prosecutions consents to this election.
Dated:

(Signature and description)

Form 74AJ: Ins 22.9.1995. Am 25.2.2000; 29.8.2003.

Form 74AK

P 75, r 3H (1)

ELECTION UNDER S. 132 (5) OF THE CRIMINAL PROCEDURE ACT 1986

I, , having previously elected to be tried by a Judge alone in respect of these proceedings, now elect to be tried by a jury.

The date fixed for my trial is 19 .

Dated:

	Accused
Witness to signature of accused

Full name and address of witness:

Form 74AK: Ins 22.9.1995. Am 25.2.2000; 29.8.2003.

Form 74A

(Summons under the Part 5 of Chapter 4 of the Criminal Procedure Act 1986.)

(To be set out in accordance with Form 1.)

(name)
prosecutor
(name)
defendant

SUMMONS

The plaintiff claims—

1. An order that the defendant (name) appear before a Judge of the Court to answer to the offence that (state the offence).

1. An order that the defendant (name) be apprehended for the purpose of being brought before a Judge of the Court to answer to the offence that (state the offence).

2. That the defendant be dealt with according to law for commission of the above offence.

Time and place for hearing the application for the above orders—
Time: 19 19 at 10 a.m.
Place: (address of Court)
Prosecutor: (name and address)
Prosecutor’s address for service: (Part 9 rule 6).
Address of Registry:

(signature)
Plaintiff’s solicitor

Filed: 19 .

Form 74A: Ins 21.12.1973. Am 4.4.1975; 23.12.1977; 19.10.1979; 8.7.1983; 29.8.2003.

Form 74B

P 75, r 8.

(Minute of order under section 246 (1) (a) of the Criminal Procedure Act 1986.)

(Heading and title as in Form 74A.)

ORDER

To the defendant (name, address and occupation):

THE COURT ORDERS you to appear before a Judge of the Court at (address of Court) on 19 , at 10 a.m., to answer to the offence alleged by the prosecutor that (state the offence alleged).

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 74B: Ins 21.12.1973. Am 19.10.1979; 29.8.2003.

Form 74C

P 75, r 8.

(Minute of order under section 246 (1) (b) of the Criminal Procedure Act 1986.)

(Heading and title as in Form 74A.)

ORDER

To all members of the police force (add, where section 246 (4) of the Criminal Procedure Act 1986 applies, and to ):

THE COURT ORDERS you to arrest (name) and bring him before a Judge of the Court to answer to the offence alleged by the prosecutor that (state offence alleged).

(Complete as in general form of minute of order under Part 41 rule 11.)

Form 74C: Ins 21.12.1973. Am 19.10.1979; 29.8.2003.

Form 74D: Ins 21.12.1973. Am 25.5.1990. Rep 19.12.1997.

Form 74E: Ins 21.12.1973. Rep 19.10.1979.

Form 75: Ins 23.6.1972. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1 [28].

Form 76: Ins 23.6.1972. Rep 29.6.1984.

Form 77: Ins 23.6.1972. Rep 29.6.1984.

Form 78: Ins 23.6.1972. Subst 29.6.1984. Am 21.10.1994. Rep 2008 (62), Sch 1 [28].

Form 79: Ins 23.6.1972. Subst 29.6.1984. Am 21.10.1994. Rep 2008 (62), Sch 1 [28].

Form 80: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [28].

Form 81: Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [28].

Form 82: Ins 23.6.1972. Rep 29.6.1984.

Form 83: Ins 23.6.1972. Am 1.6.1973. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1 [28].

Form 83A: Ins 2005 (171), Sch 1 [11]. Rep 2008 (62), Sch 1 [28].

Form 84: Ins 23.6.1972. Am 1.6.1973. Rep 29.6.1984.

Form 85: Ins 23.6.1972. Rep 29.6.1984.

Form 86: Ins 23.6.1972. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1 [28].

Form 86A: Ins 2005 (171), Sch 1 [12]. Rep 2008 (62), Sch 1 [28].

Form 87: Ins 23.6.1972. Am 29.6.1984; 19.2.1999. Rep 4.5.2001.

Form 88: Ins 23.6.1972. Am 29.6.1984; 21.10.1994. Rep 4.5.2001.

Form 89: Ins 30.6.1972. Rep 30.5.1980.

Forms 74D–89

(Repealed)

Form 89A

P 77, r 38.

(Minute of order under section 21 (2) of the Status of Children Act 1996)

ORDER

THE COURT DECLARES that the relationship of parent and child exists between the person named below and the child named below—
CHILD
Surname:
Other names:
Sex:
Date of birth:
Place of birth: (full name and address of hospital or house)

PARENT
Surname:
Other names:
Occupation:
Sex:
Date of birth:
Where born: (town or locality)

(State or country)

(Complete as in general form of minute of order under Part 41 rule 11, Form 51)

Form 89A: Ins 27.10.1972. Subst 29.3.1974. Am 1.7.1977; 24.7.1992. Subst 21.7.2000.

Form 89B

(Notice of claim for provision under the Family Provision Act 1982)

P 77, r 63.

NOTICE OF CLAIM

The plaintiff has applied to the Court under the Family Provision Act 1982, for an order for provision for him out of the estate of (name) deceased who died on 19 .

If you are entitled to, and wish to apply for, an order for provision for you out of that estate you must apply within a period prescribed by the Act or allowed by the Court. If you do not, before the Court deals with the plaintiff’s application, apply for an order for provision for you out of that estate, the Court may deal with the plaintiff’s application without regard to any possible application by you.

Dated:

	(signature)
	Solicitor for the administrator (address for service) (or as the case may be)

Form 89B: Ins 22.8.1975. Rep 1.7.1977. Ins 8.7.1983. Am 19.7.1985.

Form 89C

(Repealed)

Form 89C: Ins 21.12.1984. Am 20.7.1990; 19.7.1996. Rep 24.7.1998.

Form 89D

(Defendant’s notice under s. 31 (5) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87A.

The defendant (name) accepts the allegations in the statement, a copy of which is annexed hereto marked “A”, (where applicable) except so far as it is alleged that:

(set out the allegations)

as to which the defendant says:
(set out the matter on which the defendant proposes to rely).

Dated:

Defendant

Form 89D: Ins 12.7.1985. Rep 24.10.1986. Ins 14.12.1990.

Form 89E

(Prosecution’s notice under s. 31 (5) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87A.

The prosecution accepts the allegations in the statement, a copy of which is annexed hereto marked “A”, (where applicable) except so far as it is alleged that:

(set out allegations)

Dated:

Solicitor for
Public Prosecutions
(or as the case may require)

Form 89E: Ins 12.7.1985. Rep 24.10.1986. Ins 14.12.1990.

Form 89F

(Notice under section 44 (2) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87B.

To: (name and address):
Where the notice is added to the minute of order:
On (date) the Court made the above order.

Where the order is annexed:
On (date) the Court made the order annexed hereto, and make an annexure note on the minute of order.

Form 89F: Ins 23.5.1986. Subst 15.12.1989; 14.12.1990.

Form 89G

(Certificate under section 85 (1) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87G.

I certify that this copy order is a true sealed copy of an order of the (name of court which made the order).

I certify that this copy amendment to an order is a true sealed copy of an amendment to an order of the (name of court which made the order).

(as the case may require)

Dated:

(signature)

Form 89G: Ins 23.5.1986. Subst 15.12.1989; 14.12.1990.

Form 89H

(Order under s. 3 (1) of the Restricted Premises Act 1943)

P 77, r 91.

ORDER

THE COURT DECLARES, pursuant to section 3 (1) of the Restricted Premises Act 1943, the premises described below to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)
(Complete as in general form of minute of order, Form 51)

Form 89H: Ins 13.3.1987. Subst 15.12.1989. Am 28.5.2004.

Form 89I

(Order under s. 4 (1) or s 14 (3) of the Restricted Premises Act 1943)

P 77, r 91.

ORDER

THE COURT ORDERS that the declaration made under section 3 (1) of the Restricted Premises Act 1943 on (date) in respect of the premises described below be rescinded.

(describe the premises)
(Complete as in general form of minute of order, Form 51)

Form 89I: Ins 13.3.1987. Subst 15.12.1989. Am 23.2.1996; 28.5.2004.

Form 89J

(Notice of declaration under s. 5 (1) of the Restricted Premises Act 1943)

P 77, r 91.

(No heading or title)

On (date), pursuant to the Disorderly Houses Act 1943, the Supreme Court declared the premises described below to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)

(name)
Superintendent or Inspector of Police.

Form 89J: Ins 13.3.1987. Am 28.5.2004.

Form 89K

(Notice of rescission under s. 5 (1) of the Restricted Premises Act 1943)

P 77, r 91.

(No heading or title)

On (date) the Supreme Court, on the application of the undersigned, rescinded an order made pursuant to the Restricted Premises Act 1943 on (date) declaring the premises described below to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)

(name)
Applicant.

Form 89K: Ins 13.3.1987. Am 28.5.2004.

Form 89KA

P 77, r 133A

(No heading or title)

Evidence (Audio and Audio Visual Links) Act 1998

APPLICATION TO THE SUPREME COURT FOR A DIRECTION THAT THE HEARING OF BAIL PROCEEDINGS OR OF OTHER PRELIMINARY CRIMINAL PROCEEDINGS NOT BE CONDUCTED BY VIDEO LINK

Important information about this application

Hearings in the Supreme Court at Sydney of bail proceedings and of other preliminary criminal proceedings relating to a person who is in custody, but is not in a detention centre within the meaning of the Children (Detention Centres) Act 1987, will be conducted by means of video link facilities without your personal attendance at Court, unless the Court in the interests of justice otherwise orders.

Video link facilities allow two-way audio and visual communication of television standard between the Court and correctional centres, including private communication between you and your legal representatives.

If you wish to apply for an order that the hearing of the bail application or preliminary criminal proceedings not be conducted by video link facilities, you must complete this form and file it and any supporting documents. If you are the person in custody this form (and any annexure) can be filed by forwarding it by facsimile to the Criminal Registry on (02) 9230 8060.

The application for a direction that video link facilities not be used:

(a) will be dealt with before the application relating to bail or the other preliminary criminal proceedings are to be heard, and

(b) may be dealt with by the Court in the absence of the public and without any attendance by the person who is in custody or on behalf of the person who is in custody.

Application

Name of person in custody (full name):
Date of birth of person in custody (if known):
Place person is being kept in custody (at the moment, if known):

Supreme Court file number (if known):

Nature of proceedings (tick appropriate box):		bail application □
		arraignment □
I am (tick appropriate box):	the person in custody □
	other (specify) □

The reasons why this bail application or this other preliminary criminal proceeding should not in the interests of justice be conducted by video link, and why I should appear physically before the court, are (state below):

Signed:Print full name:
Date:
Address:
Telephone number:

Form 89KA: Ins 23.11.2001.

Form 89L

(Certificate under s. 75 or s 77F of the Victims Compensation Act 1996)

P 77, r 137A.

CERTIFICATE

A direction was made by this Court in these proceedings on (date) under section {71 or 77B} of the Victims Compensation Act 1996 that a sum be paid to the registrar of this Court out of the property of (name).

The amount required by the direction that has not, as at the date hereof, been paid to the registrar of this Court is $ (amount).

Dated: (date)

Registrar

Form 89L: Ins 25.2.2000.

Form 90

(Summons for probate, administration or resealing)

P 78, r 8.

SUMMONS

The plaintiff (name) the executor named in the will dated 1 July 1971 (where applicable and 2 codicils dated (date) and (date)) of (name) late of (place) labourer deceased claims that probate of the will (where applicable and 2 codicils) be granted to him.

The plaintiff (name) a beneficiary named in the will dated 1 July 1971 (where applicable and 2 codicils dated (date) and (date)) of (name) late of (place) labourer deceased claims that administration with the will (where applicable and 2 codicils) annexed of the estate of the deceased be granted to him (where applicable (name) the executor named in the will having renounced probate) (where applicable and that the administration bond be dispensed with).

The plaintiff (name) the (relationship to the deceased, for example widow or de facto spouse) of (name) late of (place) labourer deceased claims that administration of the estate of the deceased be granted to her (where applicable and that the administration bond be dispensed with).

The plaintiff (name) (where applicable as attorney of (name)) claims that probate of the will dated 1 July 1971 (or where applicable letters of administration of the estate) of (name) late of (place) labourer granted by (description of court) to (name) be sealed with the seal of this Court (where applicable and that the administration bond be dispensed with).

(Application for administration under s. 41A of the Probate Act)

The plaintiff (name) claims that administration in respect of (name) late of (place), (occupation) be granted to him for the purposes only of an application being made under the Family Provision Act 1982 by him (or him on behalf of (name)).

(If a declaration under the former section 18A of the Wills, Probate and Administration Act 1898 or under section 8 of the Succession Act 2006 is claimed, alter the claim accordingly.)

The proceedings commenced by this summons will be dealt with by a Judge or a registrar out of court. However, the Court may, of its own motion, appoint a date for the hearing in Court of the proceedings.

Plaintiff: (name, address and occupation)
Plaintiff’s address for service: (Part 9 rule 6, Part 78 rule 8)
Filed: (date)

(signature)
Plaintiff’s Solicitor.

Form 90: Ins 30.6.1972. Am 23.12.1977; 25.5.1984; 23.8.1985 (see erratum 6.9.1985); 13.12.1991; 20.8.1999; 13.6.2003; 2008 (62), Sch 1 [29].

Form 91

P 78, r 10.

(Notice of intended application for probate.)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application for probate of the will dated 1 July 1971 (where applicable, and 2 codicils dated (date) and (date) of (name in capitals) late of (place), labourer, will be made by (name). Creditors are required to send particulars of their claims upon his estate to (name) solicitors (address) (and, where applicable, or their agents, name, address).

(Form 4 does not apply.)

Form 91: Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30].

Form 92

P 78, r 10.

(Notice of intended application for administration.)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice and application for administration (or where applicable administration with the will dated 7 May 1970, annexed) of the estate of (name in capitals) late of (place), labourer, will be made by (name) the (relationship to deceased or capacity of applicant). Creditors are required to send particulars of their claims upon his estate to (name) solicitors (address) (and, where applicable, or their agents, name, address).

(Form 4 does not apply.)

Form 92: Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30].

Form 92A

P 78, r 10.

(Notice of intended application for administration under s. 41A of the Probate Act)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application for administration in respect of (name in capitals) late of (place), (occupation) will be made by (name) for the purposes only of an application being made under the Family Provision Act 1982, by him (or him on behalf of (name)).

(Solicitor’s name and address.)

(Form 4 does not apply.)

Form 92A: Ins 25.5.1984. Am 20.8.1999; 2008 (62), Sch 1 [30].

Form 93

P 78, r 10.

(Notice of intended application for resealing.)

In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application will be made that the Probate of the will and codicils (or where applicable Letters of administration of the estate) of (name in capitals) late of (place) granted by (court) to (name) be sealed with the seal of this Court. Creditors are required to send particulars of their claims upon his estate to (name) solicitors (address) (and, where applicable, or their agents, name, address).

(Form 4 does not apply.)

Form 93: Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30].

Form 94

P 78, r 14.

RENUNCIATION OF PROBATE

I, (name) of (address of place of residence) (labourer) declare—

1. I am the executor (or one of the executors or as the case may be) appointed by the will dated 1 July 1971 (where applicable), and 2 codicils dated (date) and (date) of (name) late of (place) labourer who died on (date).

2. I have not intermeddled in the estate of the deceased.

3. I renounce all right to probate of the will (where applicable and codicils) and to all trusts, powers and authorities expressed by the will (where applicable and codicils) to be made or given to me.

Dated: (date).

Signed in the	}

presence of

Form 94: Ins 30.6.1972.

Form 95

P 78, r 15.

AFFIDAVIT OF ATTESTING WITNESS

On 7 May 19 I (name, address and occupation) say on oath—

1. On (date) the document annexed and marked “A” was signed as now appears on the document by (name) the deceased as his will in the presence of me and of (name of other witness) present at the same time and then at the request of the deceased attested and subscribed by us in his presence and in the presence of each other.

2. The signatures (set out) and (set out) subscribed as witnesses to the will are respectively those of me and (name of other witness).

Sworn at	}

before me

Form 95: Ins 30.6.1972.

Form 96

Forms 97, 98, 104, 106.

ANNEXURE “.....”

INVENTORY OF PROPERTY

of the estate of (name) of (place, occupation), deceased.

Property owned solely by deceased

Description	Estimated or known value
(Describe each item sufficiently to identify it)	$ (Amount) (Total)

Property owned by deceased as joint tenant with another or others

Description	Particulars of other joint owner	Estimated or known value
(Describe each item sufficiently to identify it)	(Name and address of other joint owner)	$ (Amount) (Total)

This is Annexure “.....” to the affidavit of (name) sworn at (place) this (date) before me.

(signatures of the applicant and the person before whom the affidavit is sworn)

Form 96: Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985). Subst 19.8.1994.

Form 97

P 78, r 24 (1) (a).

AFFIDAVIT OF EXECUTOR

On (date) I, (name, address and occupation), say on oath—

1. My full residential address is (address).

2. The document dated (date) and signed in the margin by me and by the person before whom this affidavit is sworn is, I believe, the last will of (name), late of (place, occupation), the deceased, and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased [where applicable except for (specify document)].

3. My means of identifying the will are (state these).

4. The attesting witnesses to the will are (name) and (name).

5. The deceased died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

6. The deceased { did or did not} marry after the will was made [where applicable namely to (name) on (date)].

7. The deceased left assets within New South Wales.

8. I am the executor named in the will and I am over 18 years of age.

9. [Where applicable (name) one of the executors named in the will { died on (date) as evidenced by the death certificate annexed and marked “.....”or renounced probate of the will on (date)}.]

10.  If I am granted probate of the will of the deceased—
(a)  I will administer the estate according to law; and
(b)  I will—
(i)  verify and file; or
(ii)  verify, file and pass,
my accounts relating to the estate of the deceased within 12 months from the date of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies and the whole of the estate does not pass to one or more charities or public benevolent institutions, add if so required by the Court].

11. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of the deceased’s death, evidenced by the tear sheet annexed and marked “.....”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “.....”.]

12. The names, ages and entitlements of the persons entitled in distribution of the estate of the deceased are-(state these).

13. A statement of all assets of the deceased of which I am presently aware is annexed and marked “..”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

14. The liabilities of the deceased of which I am presently aware are as follows—
LIABILITIES
Date
Name of creditor, etc.
Description of liability
Estimated or known amount
Secured
Unsecured
(date liability incurred eg 3-8-93)
(date)
(name)
(name)
(description)
(description)
$

(amount)
(total)
$

(amount)
(total)

15. The estate has a gross value of $ (amount) and a net value of $ (amount).

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of probate of the will of the deceased [where applicable except for (specify matter)].

Sworn at	}

before me

Form 97: Ins 30.6.1972. Am 24.12.1981; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 25.8.1995; 22.11.1996.

Form 98

P 78, rr 24A (2) (a), 25 (2) (a), 25A (2) (a).

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION

On (date) I, (name, address and occupation) say on oath—

1. My full residential address is (address).

2. I am (state relationship to deceased) of (name, occupation) late of (place) who died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

3. I believe that the deceased did not leave a will or document purporting to embody the testamentary intentions of the deceased [where applicable except for (specify document)].

4. (State what searches have been made for a will or document purporting to embody the testamentary intentions of the deceased.)

5. The names, ages, relationship to the deceased and entitlements of the persons entitled in distribution of the estate of the deceased are—(state these).

6. (State the facts establishing that the persons named in paragraph 5 are the persons entitled in distribution of the estate. Annex appropriate certificate evidence).

7. The deceased left assets within New South Wales.

8. I am not an undischarged bankrupt, I have not assigned or encumbered my interest in the estate and I am over 18 years of age.

9.  If I am granted administration of the estate of the deceased—
(a)  I will administer the estate according to law; and
(b)  I will—
(i)  verify and file; or
(ii)  verify, file and pass,
my accounts relating to the estate of the deceased within 12 months from the date of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies, add if so required by the Court].

10. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of { his or her} death, evidenced by the tear sheet annexed and marked “B”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “B”.]

11. A statement of all assets of the deceased of which I am presently aware is annexed and marked “C”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

12. The liabilities of the deceased of which I am presently aware are as follows—
LIABILITIES
Date
Name of creditor, etc.
Description of liability
Estimated or known amount
Secured
Unsecured
(date liability incurred eg 3-8-93)
(date)
(name)
(name)
(description)
(description)
$

(amount)
(total)
$

(amount)
(total)

13. The estate has a gross value of $ (amount) and a net value of $ (amount).
[Where Part 78 rule 25A applies

14. The names, ages and relationship to the deceased of the persons who, if the deceased had not left a de facto spouse*, would have been entitled in distribution of the estate are—(state these).

15. (State the facts establishing that the persons named in paragraph 14 are the persons who would have been entitled in distribution of the estate. Annex appropriate certificate evidence.)]

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of administration of the estate of the deceased [where applicable except for (specify matter)].

Sworn at	}

before me

(* If deceased died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999, substitute de facto wife or de facto husband.)

Form 98: Ins 30.6.1972. Am 25.5.1984; 23.8.1985 (see erratum 6.9.1985); 26.9.1986. Subst 13.12.1991; 19.8.1994. Am 23.9.1994; 25.8.1995; 22.11.1996. Subst 20.8.1999.

Form 98A

(Affidavit showing deceased had no de facto spouse)

P 78, rr 24A (2) (c).

On (date) I (name, address and occupation) say on oath—

State the facts showing the competency of the deponent to make this affidavit, for example—

1. I am the widow of the deceased.

2. I lived with the deceased up to the time of his death and for a continuous period of ..... years beforehand.

State the facts complying with Part 78 rule 24A (2) (c) for example, where the widow is the deponent and the following is true—

3. The deceased did not leave any person who at the time of his death was a partner with him in a de facto relationship within the meaning of section 4 of the Property (Relationships) Act 1984.

4. I am aware that sections 4 and 5A of the Property (Relationships) Act 1984 are as follows:
(Here set out the sections)

Sworn at	}

before me

Form 98A: Ins 24.12.1981. Am 23.8.1985 (see erratum 6.9.1985). Rep 19.8.1994. Ins 20.8.1999. Am 21.3.2003.

Form 99

(Affidavit showing deceased had no de facto spouse)

P 78, r 25 (2) (f).

On 7 May 19 I (name, address and occupation) say on oath—

(State the facts showing the competency of the deponent to make this affidavit, for example—

1. I am the widow of the deceased.

2. I lived with the deceased up to the time of his death and for a continuous period of ..... years beforehand.)

(State the facts complying with Part 78 rule 25 (2) (f) for example, where the widow is the deponent and the following is true—

3. The deceased did not leave any person who at the time of his death was a partner with him in the relationship of a man and a woman living together as husband and wife on a domestic basis although not married to each other).

Sworn at	}

before me:

Form 99: Ins 30.6.1972. Am 24.12.1981. Rep 19.8.1994.

Form 99 (previously Form 100A): Ins 23.8.1985. Renumbered 19.8.1994. Am 23.9.1994; 21.3.2003.

Form 99A: Ins 24.12.1981. Am 23.8.1985 (see erratum 6.9.1985). Rep 19.8.1994.

Form 100: Ins 30.6.1972. Am 1.7.1977; 24.12.1981; 23.8.1985; 25.8.1989; 13.12.1991. Rep 19.8.1994.

Form 100A: Renumbered (as Form 99) 19.8.1994.

Form 100B: Ins 23.8.1985. Am 25.8.1989; 13.12.1991. Rep 19.8.1994.

Forms 99A–100B

(Repealed)

Form 101

P 78, rr 24A, 25, 25A.

CONSENT TO ADMINISTRATION

I, (name) of (place)labourer am (state relationship) of (name) late of (place)labourer. I am over 18 years of age. I am not an undischarged bankrupt and I have not assigned or encumbered my interest in the estate of the deceased.

I consent to letters of administration being granted to (name) who is (state relationship) of the deceased (where applicable and to administration bond being dispensed with).

[Where the estate or part is required to be held in trust for a de facto spouse* of the deceased, add—

I have read the Affidavit of the Applicant for Administration and understand how the entitlement of the de facto spouse* affects the distribution of the estate of the deceased.]

Dated: (date)

Signed in the presence	}

of

[* If deceased died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999, substitute de facto wife or de facto husband.]

AFFIDAVIT OF WITNESS TO CONSENT

On (date) I, (name, address and occupation) say on oath—

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Sworn at	}

before me

Form 101: Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985); 25.8.1995. Subst 20.8.1999.

Form 102

P 78, rr 24A, 25, 25A, 26, 27.

ADMINISTRATION BOND

We (state the name, address and occupation of the proposed administrator and of each surety to the bond) jointly and severally covenant to pay to Her Majesty the Queen and her successors $ (penalty of bond) if administration of the estate of (name) late of (place) labourer deceased is granted by the Supreme Court of New South Wales to the said (name of proposed administrator) and any one or more of the following occurs, namely:

1. he does not collect, get in and administer the estate according to law;

2. he does not pay out of the estate the just debts of the deceased;

3. he prefers any debt of the deceased to him;
(and, where the deceased died before 31 December 1981)

4. he does not file or file and pass his accounts relating to the estate within 12 months after the grant and whenever ordered to do so by the Court.
(or, where the deceased died on or after 31 December 1981)

5. he does not verify and file or verify, file and pass his accounts relating to the estate (where section 85 (1AA) of the Probate Act (which relates to certain executors, etc.) applies) within 12 months after the grant or as the Court may order in respect of him (or, where that subsection does not apply) as the Court may order in respect of him.
Dated: (date)
Signed sealed and delivered etc.

Form 102: Ins 30.6.1972. Am 24.12.1981; 23.8.1985 (see erratum 6.9.1985); 20.8.1999.

Form 103

P 78, rr 24A, 25, 25A, 26.

AFFIDAVIT OF SURETY

On 7 May 19 I (name, address and occupation) say on oath—

1. My full residential address is (state this).

2. I am one of the sureties for (name) the intended administrator of the estate of (name) late of (place) labourer.

3. I am possessed of property to the value of $ (state value) after deduction of all my just debts and every sum for which I am bail or surety in any civil or criminal matter, action or proceeding.

4. My property consists of (set out in detail the location and nature of assets and whether held severally or jointly with any other person, and state particulars of encumbrances).

Sworn at	}

before me

Form 103: Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985); 20.8.1999.

Form 103A

(Affidavit relating to de facto relationships)

P 78, r 25A (2) (d).

AFFIDAVIT

On 19.. I (name, address and occupation) say on oath—

1. The deceased left (or did not leave) a wife (or husband).

2. At the time of death of the deceased (and, where either s 61B (3A) (a) of the Probate Act applies (deceased leaving a husband or wife) or s 61B (3B) (a) of the Probate Act applies (no husband or wife but issue) add and for a continuous period of not less than two years prior to the death of the deceased) (a) I was the sole partner in the relationship with the deceased of a man and a woman living together as husband and wife on a bona fide domestic basis although not married to each other and (b) I was not a partner in any other relationship of a man and a woman living together as husband and wife on that basis although not married to each other (and, where the deceased left a wife or husband, add and (c) the deceased did not, during the whole or any part of that period, live with the person to whom he (or she) was married).

3. (State the facts showing that the deponent is a person for whom the estate of the deceased is required to be held in trust, including dates and periods of the relationship, places where the partners lived together, financial and property matters, children and so on).

Sworn at	}

before me:

Form 103A: Ins 23.8.1985. Am 25.10.1996.

Form 103AA

(Affidavit relating to de facto relationships)

P 78, r 25A (2) (d).

AFFIDAVIT

On (date) I (name, address and occupation) say on oath—

1. The deceased { left or did not leave} a { husband or wife}

2. At the time of death of the deceased [and, where either s 61B (3A) (a) of the Probate Act applies (deceased leaving a husband or wife) or s 61B (3B) (a) of the Probate Act applies (no husband or wife but issue) add and for a continuous period of not less than two years prior to the death of the deceased]—
(a)  I was the sole partner with the deceased in a de facto relationship; and
(b)  I was not a partner in any other de facto relationship.
[Where the deceased left a wife or husband, add; and
(c)  the deceased did not, during the whole or any part of that period, live with the person to whom the deceased was married.]

3. (State the facts showing that the deponent is a person for whom the estate of the deceased or part thereof is required to be held in trust, including dates and periods of the relationship, places where the partners lived together, financial and property matters, children and so on).

4. In this affidavit “de facto relationship” has the same meanings as it has in the Property (Relationships) Act 1984. I am aware that sections 4 and 5A of that Act are as follows:
(Here set out the sections)

Sworn at	}

before me

Form 103AA: Ins 20.8.1999.

Form 103B

(Notice, where the deceased leaves a de facto wife or de facto husband or de facto spouse)

P 78, r 25A (3) (b) (iv).

NOTICE OF APPLICATION FOR ADMINISTRATION

To: (name and address:)

After (14 days or 28 days: see Part 78, rule 25A (3) (b)) from the date of service of this notice on you, an application for a grant of administration of the estate of the deceased will be made by (name). There is a claim that the deceased left a de facto spouse*, (name). Served on you with this notice are—

(a) affidavits setting out facts relating to the de facto relationship claimed and other matters;

(b) an affidavit showing the assets and liabilities of the estate and the persons who are entitled in distribution of the estate and who would, if the deceased had not left a de facto spouse* have been so entitled.

If you do not oppose the application, the Court may grant administration to the applicant who may then be at liberty to distribute in due course to the de facto spouse* the estate or part of the estate to which she is entitled.

If the deceased did not leave a de facto spouse* and you were entitled to the estate or part, you may have been entitled to a grant of administration of the estate of the deceased.

Dated:

(signature)
Solicitor for the applicant.
(address for service)
(or as the case may be)

(* If deceased died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999, substitute de facto wife or de facto husband.)

Form 103B: Ins 23.8.1985. Subst 20.8.1999. Am 2008 (62), Sch 1 [31].

Form 104

P 78, r 26.

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION WITH THE WILL ANNEXED

On (date) I, (name, address and occupation), say on oath—

1. My full residential address is (address).

2. The document dated (date) and signed in the margin by me and by the person before whom this affidavit is sworn is, I believe, the last will of (name), late of (place, occupation), the deceased, and I am not aware of the existence of any other document purporting to embody the testamentary intentions of the deceased [where applicable except for specify document].

3. My means of identifying the will are (state these).

4. The attesting witnesses to the will are (name) and (name).

5. The deceased died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

6. The deceased { did or did not} marry after the will was made.

7. The deceased left assets within New South Wales.

8. I am not an undischarged bankrupt, I have not assigned or encumbered my interest in the estate of the deceased and I am over 18 years of age.

9. [Where applicable (name) the executor named in the will { died on (date) as evidenced by the death certificate annexed and marked “.....”or renounced probate of the will on (date)}.]

10. The names, ages and entitlements of the persons entitled in distribution of the estate are (state these) [where the names of all the persons entitled do not appear on the face of the will, state the facts establishing that the persons named in this paragraph are the persons entitled].

11.  If I am granted administration of the estate of the deceased—
(a)  I will administer the estate according to law; and
(b)  I will—
(i)  verify and file; or
(ii)  verify, file and pass,
my accounts relating to the estate of the deceased within 12 months from the date of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies and the whole of the estate does not pass to one or more charities or public benevolent institutions, add if so required by the Court].

12. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of his or her death, evidenced by the tear sheet annexed and marked “..........”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “..........”.]

13. A statement of all assets of the deceased of which I am presently aware is annexed and marked “..........”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

14. The liabilities of the deceased of which I am presently aware are as follows—
LIABILITIES
Date
Name of creditor, etc.
Description of liability
Estimated or known amount
Secured
Unsecured
(date liability incurred eg 3-8-93)
(date)
(name)
(name)
(description)
(description)
$

(amount)
(total)
$

(amount)
(total)

15. The estate has a gross value of $ (amount) and a net value of $ (amount).

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of administration of the estate of the deceased [where applicable except for (specify matter)].

Sworn at	}

before me

Form 104: Ins 30.6.1972. Am 24.12.1981 (see erratum 19.2.1982); 23.8.1985; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 23.9.1994; 25.8.1995; 22.11.1996.

Form 105

P 78, r 26.

RENUNCIATION IN FAVOUR OF PUBLIC TRUSTEE

I, (name) of (address of place of residence) labourer declare—

1. I am the executor (or one of the executors or as the case may be) appointed by will dated 1 July 1971 (where applicable and 2 codicils dated (date) and (date) of (name) late of (place) labourer who died on (date)).

2. I have not intermeddled in the estate of the deceased.

3. I renounce all right to probate of the will (where applicable and codicils) and to all trusts, powers and authorities expressed by the will (where applicable and codicils) to be made or given to me.

4. I request the Public Trustee to apply for administration with the will (where applicable and codicils) annexed of the estate.

Dated: (date).

Signed in the	}

presence of

Form 105: Ins 30.6.1972.

Form 105A

P 78, r 26A (1) (a).

(Affidavit of applicant for administration for the purposes of the Family Provision Act 1982.)

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION

On (date) I, (name, address and occupation), say on oath—

1. My full residential address is (address) and I am over the age of 18 years.

2. I am (state relationship to deceased) of (name, occupation) late of (place) who died on (date) aged (number) years and I believe that the deceased is (name in certificate of registration of death) referred to in the certificate of registration of death which is annexed and marked “A”.

3. I am not aware of any will or document purporting to embody the testamentary intentions of the deceased.
or
The document dated (date) and signed in the margin by me and by the person before whom this affidavit is sworn is a copy of the { last will or document purporting to embody the testamentary intentions} of the deceased.
or
I believe that the deceased left a { will or document purporting to embody the testamentary intentions of the deceased} but no copy of it is available.

4. I am not aware of any proposal by any other person to make an application for a grant.
or
I believe that (name) of (address, occupation), proposes to make an application for a grant.

5. [If applicable I intend to make an application under the Family Provision Act 1982 on behalf of (name, address and occupation)].

6.  (State the facts showing that—
(a)  if the plaintiff intends to make an application under the Family Provision Act 1982 on behalf of another person—that person; or
(b)  otherwise—the plaintiff,
is an eligible person within the meaning of the Family Provision Act 1982.)

7. A copy of an affidavit which { has been or will be} sworn and which I intend to file in compliance with Part 77 rule 59 (1) (a)–(d) in the proceedings on the application intended to be made under the Family Provision Act 1982 is annexed and marked “B”.

8. The matters referred to in paragraphs (identify numbers of paragraphs in the lastmentioned annexure relating to the matters mentioned in Part 77 rule 59 (1) (a)–(d)) of annexure “B” are true.

9. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of his or her death, evidenced by the tear sheet annexed and marked “C”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “C”.]

10. I am not aware of any circumstances which raise doubt as to my entitlement to a grant of administration of the estate of the deceased [where applicable except for (specify matter)].

Sworn at	}

before me

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 105A: Ins 25.5.1984. Am 25.8.1989. Subst 19.8.1994. Am 21.10.1994; 25.8.1995.

Form 106

P 78, r 28.

AFFIDAVIT OF APPLICANT FOR RESEALING

On (date) I, (name, address and occupation), say on oath—

1. My full residential address is (address).

2. The deceased died intestate on (date) aged (number) years.
or
The deceased died on (date) aged (number) years and left a will dated (date) by which { he or she} appointed { me or (name)} executor.

3. I am not aware of the existence of any document purporting to embody the testamentary intentions of the deceased [where applicable except for { the said will or (specify document)}].

4. {Probate of the will was or Letters of Administration of the estate of the deceased were} granted by (name of court) to { me or (name)} on (date).

5. The grant has not been revoked.

6. The deceased left assets within New South Wales.

7. The names, ages, relationship to deceased and entitlements of the persons entitled in distribution of the estate of the deceased are—(state these).

8. [Where the application is for resealing Letters of Administration I am not an undischarged bankrupt and I have not assigned or encumbered my interest (if any) in the estate.]

9. I am over 18 years of age.

10.  I am aware that, if the grant is sealed by this Court, accounts relating to the estate must be—
(a)  verified and filed; or
(b)  verified, filed and passed,
within 12 months after the sealing [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Act applies and the whole of the estate does not pass to one or more charities or public benevolent institutions, add if so required by the Court].

11. [Where the deceased resided at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a newspaper circulating in the district where the deceased resided at the date of { his or her} death, evidenced by the tear sheet annexed and marked “A”.]
or
[Where the deceased did not reside at the date of his or her death in the State Notice of this application was published on (date) in the (name), which is a Sydney daily newspaper, as evidenced by the tear sheet annexed and marked “A”.]

12. A statement of all assets of the deceased of which I am presently aware is annexed and marked “B”. I will disclose to the Court any other asset which comes to my notice.
(The statement shall be in Form 96)

13. The liabilities of the deceased of which I am presently aware are as follows—
LIABILITIES
Date
Name of creditor, etc.
Description of liability
Estimated or known amount
Secured
Unsecured
(date liability incurred eg 3-8-93)
(date)
(name)
(name)
(description)
(description)
$

(amount)
(total)
$

(amount)
(total)

14. The estate has a gross value of $ (amount) and a net value of $ (amount).
[Where the application for reseal is made pursuant to a Power of Attorney

15. By Power of Attorney dated (date, name) appointed me { his or her } attorney to apply to this Court to reseal the grant.

16. A certified copy of the Power of Attorney is annexed and marked “C”.

17. I have not received any notice of revocation of the Power of Attorney by death, unsoundness of mind, act of donor or otherwise.]

18. I am not aware of any circumstances which raise doubt as to my entitlement to have the grant sealed by this Court [where applicable except for (specify matter)].

Sworn at	}

before me

Form 106: Ins 30.6.1972. Am 24.12.1981 (see erratum 23.7.1982); 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 25.8.1995; 22.11.1996.

Form 106A

P 78, r 28A.

AFFIDAVIT OF ADDITIONAL ASSETS (or LIABILITIES or ASSETS AND LIABILITIES)

On (date) I, (name, address and occupation) say on oath—

1. I am the { executor or (as the case may be)} of the estate of the deceased.

2. {Assets or (as the case may require)} of the deceased not disclosed to the Court before the date of swearing this affidavit are listed below—
(list)

Sworn at	}

before me

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 106A: Ins 24.12.1981. Subst 19.8.1994. Am 21.10.1994.

Form 106B

P 78, r 34A.

CONSENT TO DISTRIBUTION OF GIFT

I (name) of (place) (occupation) would benefit directly from the avoidance of the beneficial gift or disposition given or made by the will dated (date) of (name of deceased) to (name of interested witness). My benefit would have been (specify the benefit). I am over 18 years of age. I am not an undischarged bankrupt. I have not assigned or encumbered any interest that I may have in the estate of the deceased.
I consent to the distribution of the gift according to the will.

Dated: (date).

Signed in the	}

presence of

AFFIDAVIT OF WITNESS TO CONSENT

On 7 May 19..... I (name, address and occupation) say on oath:

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).
Sworn at
}

before

Form 106B: Ins 25.8.1989. Am 2008 (62), Sch 1 [32].

Form 106CA

P 78, r 34A (1A).

CONSENT TO ORDER

I (name) of (place)(occupation) would receive the following benefit under the will dated (date) of (name of deceased) if the order set out below is not made (specify benefit).

If the order is made my benefit would be (specify benefit).

I am over 18 years of age. I am not an undischarged bankrupt. I have not assigned or encumbered any interest that I may have in the estate of the deceased.

I consent to an order being made that (specify order).

Dated: (date).

Signed in the	}
presence of

AFFIDAVIT OF WITNESS TO CONSENT

On (date) I (name, address and occupation) say on oath:

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Sworn at	}
before me

Form 106CA: Ins 26.4.1996.

Form 106C

P 78, r 34D.

(Notice to interested witness of intention to distribute estate.)

(heading and title.)

NOTICE OF INTENTION TO DISTRIBUTE ESTATE

To (name of interested witness or interested witness’s spouse, as the case requires) (address).

After one month from the date on which this notice is served on you, I, (name), of (address), the executor of the will and codicils (or where applicable administrator of the estate) of (name) late of (place) (occupation) intend to make a distribution of that part of the estate the subject of a beneficial gift to you.

I would make the distribution otherwise than to you on the ground that the gift is void because you (or your spouse) attested the will.

You may, before I make the distribution, take such steps as the law permits to have the gift made not void.

Dated: (date).

(signature)

Form 106C: Ins 25.8.1989.

Form 106D

Consent by Affected Person

P 78, r 34E (1).

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of
(name) late of
(place) labourer

CONSENT

I, (name) of (place) (occupation) am over the age of 18 years, am not an undischarged bankrupt and have not assigned or encumbered any interest that I may have in the estate of the abovenamed deceased.

I have read and understood copies of the following documents which relate to the application for a grant of probate (or administration) in relation to the estate of the deceased:

(a) Summons (or Statement of Claim);

(b) Affidavit of Executor (or Affidavit of Applicant for Administration); and

(c) (where the informal testamentary document is not annexed to the abovementioned documents a document purporting to embody the testamentary intentions of the deceased which is not executed in accordance with the formal requirements of the Succession Act 2006 (or where still relevant, the Wills, Probate and Administration Act 1898).)

Copies of the documents referred to in paragraph 2 are annexed hereto and marked “A” and “B”(or to “C”if applicable) respectively.

I consent to the Court:

(a)  declaring whether it is satisfied that the deceased intended the document (identify informal testamentary document in respect of which consent is given) to constitute:
(i)  a will of the deceased;
(ii)  an amendment of a will of the deceased; or
(iii)  the revocation of a will of the deceased, and

(b) making the declaration in my absence and without my becoming a party to the proceedings or having any opportunity to put forward argument or evidence.

In this consent “will” extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child, and to any other testamentary disposition.

	Dated: (date).
	Signed in the	}
	presence of	}

AFFIDAVIT OF WITNESS TO CONSENT

On (date), I (name, address and occupation) say on oath:

1. The above document was signed in my presence on (date) by (name).

2. The signatures (set these out) are respectively my signature and that of (name of person consenting).

Sworn at	}
before me

Form 106D: Ins 13.12.1991. Am 25.8.1995; 19.2.1999; 2008 (62), Sch 1 [33] [34].

Form 106E

P 78, r 34E (1).

(Notice to Affected Person)

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of
(name) late of
(place) labourer

NOTICE

To (name and address)

An application for grant of probate (or administration) has been made by me (or us) in respect of the estate of the abovenamed deceased. Copies of the Summons (or Statement of Claim) and Affidavit of Executor (or Affidavit of Applicant for Administration) are annexed and marked “A” and “B” respectively.

A copy of a document purporting to embody the testamentary intentions of the deceased, which is not executed in accordance with the formal requirements of the Succession Act 2006 (or where still relevant, the Wills, Probate and Administration Act 1898), is annexed hereto and marked with the letter “C”(or as the case may be). The Court will decide whether the lastmentioned document is:

(a) a will of the deceased;

(b) an amendment of a will of the deceased; or

(c) the revocation of a will of the deceased.

In the preceding paragraph “will” extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child and to any other testamentary disposition.

Unless the prescribed form of notice of your appearance is received in the Registry within 14 days after service of this notice upon you (or, if this notice is served outside New South Wales and the Australian Capital Territory, within 28 days of service of this notice upon you), the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

Upon filing an appearance you will become a defendant to the proceedings in so far as they relate to the declaration by the Court as to the effect of the document referred to in paragraph 2.

Plaintiff: (name, address and occupation)
Plaintiff’s address for service: (Part 9 rule 6)
Dated: (date)

(Signature)
Plaintiff’s Solicitor

Form 106E: Ins 13.12.1991. Am 25.8.1995; 19.2.1999; 2008 (62), Sch 1 [33] [35].

Form 106F

P 78, r 34E (3).

(Notice to Caveator)

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of
(name) late of
(place) labourer

NOTICE

To (name and address)

You have lodged a caveat under rule 62A of the Supreme Court Rules 1970 in respect of the estate of the deceased.

Unless the prescribed form of notice of your appearance is received in the Registry within 14 days after service of this notice upon you (or, if this notice is served outside New South Wales and the Australian Capital Territory, within 28 days of service of this notice upon you), the caveat will lapse and the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

Upon filing an appearance you will become a defendant to the proceedings in respect of such aspects of the proceedings as the Court directs.

Plaintiff: (name, address and occupation)
Plaintiff’s address for service: (Part 9 rule 6)
Dated: (date)

(Signature)
Plaintiff’s Solicitor

Form 106F: Ins 13.12.1991. Am 25.8.1995; 20.8.1999; 2008 (62), Sch 1 [33].

Form 107

(Repealed)

Form 107: Ins 30.6.1972. Am 23.12.1977. Rep 13.6.2003.

Form 108

P 78, rr 46, 54.

(Request for issue of citation.)

(To be set out in accordance with Form 1)

In the Supreme Court
of New South Wales
Equity Division
Probate List

	Estate of (name) late of
	(place) labourer

REQUEST FOR ISSUE OF CITATION

I request that a citation do issue to each of (name of each person to be cited) to take probate of the will dated (date) (or where applicable pray for administration of the estate) of (name) late of (place) labourer.

(Where applicable) I request that the time limited for (name) to answer the citation be (number) days after service on him of the citation.

Person applying: (name, address and occupation)
Filed: (date)

(signature)
Solicitor for person applying

(Title, etc., as in originating process)

I request that a citation to see these proceedings do issue to each of (name of each person to be cited)
Party applying: (name)
Filed: (date)

(signature)
Solicitor for party applying

Form 108: Ins 30.6.1972. Am 23.12.1977; 19.2.1999; 2008 (62), Sch 1 [33].

Form 109

P 78, r 51.

(Citation to pray for administration.)

(To be set out in accordance with Form 1)

In the Supreme Court
of New South Wales
Equity Division
Probate List

	Estate of (name) late of
	(place) labourer

CITATION TO PRAY FOR ADMINISTRATION

To (name)

This citation is issued at the request of (name) of (address) labourer who has filed in this Court an affidavit by him stating that—

1. (name) late of (place) labourer died at (place) on (date);

2. he believes that the deceased died without leaving a will or document purporting to embody the testamentary intentions of the deceased (or where applicable he believes that the deceased left a will, a copy of which is annexed and marked “A”);

3. (where applicable) No executor was appointed by the will (or where applicable (name) the executor appointed by the will has renounced probate or where applicable (name) the executor appointed by the will died on (date));

4. he is (state relationship to the deceased) of the deceased (or where applicable he is a beneficiary under the will or where applicable he is a creditor of the deceased).

You are cited to pray for administration of the estate of the deceased. If you wish to comply with this citation you must—

1. within 14 days after service on you of this citation (or if this citation is served on you outside New South Wales within 3 months after service of it on you) file in the registry of this Court an answer stating that you intend to apply to the Court for a grant to you of administration of the estate of the deceased; and

2. With reasonable promptness commence proceedings in this Court for a grant to you of administration of the estate of the deceased and pursue those proceedings diligently.

If you do not comply with this citation the Court may grant administration of the estate of the deceased to (name) without further notice to you in your absence.

Dated: (date)

By the Court
Registrar

Form 109: Ins 30.6.1972. Am 23.12.1977; 25.8.1989; 19.2.1999; 2008 (62), Sch 1 [33].

Form 110

(Title, etc., as in citation.)

P 78, r 51.

ANSWER TO CITATION TO PRAY FOR ADMINISTRATION

I (name) of (address) labourer having been served on (date) at (place) with a citation issued at the request of (name) and dated (date) to pray for administration of the estate of (name) late of (place) labourer answer that I intend to apply to this court for a grant to me of administration of the estate of the deceased.

Filed: (date)

(signature)
Solicitor for the person cited

Form 110: Ins 30.6.1972. Am 23.12.1977.

Form 111

P 78, r 52.

(Citation to take probate.)

(To be set out in accordance with Form 1.)

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of (name) late of
(place) labourer

CITATION TO TAKE PROBATE

To (name)

This citation is issued at the request of (name) of (address) labourer who has filed in this Court an affidavit by him stating that—

1. (name) late of (place) labourer died at (place) on (date);

2. he believes that the deceased left a will, a copy of which is annexed and marked “A”, which appoints you the executor (or one of the executors) of it;

3. he is a beneficiary under the will (or where applicable) he is (state relationship to the deceased) of the deceased (or where applicable he is a creditor of the deceased).

You are cited to take probate of the will. If you wish to comply with this citation you must—

1. within 14 days after service on you of this citation (or if this citation is served on you outside New South Wales within 3 months after service of it on you) file in the registry of this Court an answer stating that you intend to apply to this Court for a grant to you of probate of the will; and

2. with reasonable promptness commence proceedings in this Court for a grant to you of probate of the will and pursue those proceedings diligently.

If you do not comply with this citation your right in respect of the executorship shall wholly cease, and the representation to the deceased and the administration of his estate shall, without any further renunciation, go, devolve, and be committed in like manner as if you had not been appointed executor.

Dated: (date)

By the Court
Registrar

Form 111: Ins 30.6.1972. Am 23.12.1977; 19.2.1999; 2008 (62), Sch 1 [33].

Form 112

P 78, r 52.

ANSWER TO CITATION TO TAKE PROBATE

I, (name) of (address) labourer having been served on (date) at (place) with a citation issued at the request of (name) and dated (date) to take probate of the will, a copy of which is annexed to the citation, of (name) late of (place) labourer answer that I intend to apply to this Court for a grant to me of probate of the will.

Filed: (date)

Solicitor for the person cited
(signature)

Form 112: Ins 30.6.1972. Am 23.12.1977.

Form 113

P 78, r 53.

(Title, etc. as in originating process.)

CITATION TO SEE PROCEEDINGS

To (name)

This citation is issued at the request of (name) of (address) labourer who is the plaintiff (or where applicable a defendant) in proceedings commenced in this Court by statement of claim (or where applicable summons). A copy of the statement of claim (or where applicable summons) is annexed and marked “A”.

(Where a will is referred to in the statement of claim or summons). A copy of the will referred to in the statement of claim (or where applicable summons) is annexed and marked “B”.

The plaintiff has filed an affidavit stating that you have an interest adverse to him in the proceedings in that (state the adverse interest) (or, where the citation is issued pursuant to Part 78 rule 34C) The plaintiff has filed an affidavit stating that you have not consented to the order sought in the statement of claim (or summons).

If you do not answer this citation by entering an appearance in the proceedings before the proceedings are heard and determined, the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

Dated: (date)

By the Court
Registrar

Form 113: Ins 30.6.1972. Am 25.8.1989.

Form 114

P 78, rr 61, 62, 62A.

CAVEAT

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of (name)
late of (place), (occupation)

I require that: ⁽¹⁾

(a)	(Rule 61) ⁽²⁾ no grant of probate or reseal be made in the estate of (name) late of (place), (occupation) who died on (date of death) without prior notice to me.
or
(b)	(Rule 62) ⁽³⁾ any will (or where applicable, the will dated (date) (or otherwise identify the will)) of (name) late of (place), (occupation) who died on (date of death) be proved in solemn form.
or
(c)	(Rule 62A) ⁽⁴⁾ no grant be made in the estate of (name) late of (place), (occupation) who died on (date of death) unless I am given the opportunity to be heard on the question of whether a declaration as to the Court’s satisfaction under section 8 of the Succession Act 2006 (or where still relevant, section 18A of the Wills, Probate and Administration Act 1898) should be made in respect of a document made by the deceased.

My interest is:	(state this)

Caveator:	(name, address and occupation)
Caveator’s address for service	(Part 9 rule 6)
Lodged:	(date)

(signature) Caveator’s solicitor

Notes
⁽¹⁾	Delete whichever of (a), (b) or (c) is inapplicable. As to the procedures applicable to the type of caveat filed, see Divisions 5B, 6, 8, 9 and 10 of Part 78.
⁽²⁾	This paragraph is appropriate where the caveator wishes to make a general objection to grant or reseal.
⁽³⁾	This paragraph is appropriate where the caveator wishes to put the admissibility of the will beyond doubt or where the only issue is whether the will was executed in accordance with the formal requirements for execution of wills. A person requiring proof in solemn form may not raise issues such as testamentary capacity, undue influence or fraud but may examine witnesses, and raise questions, as to the proper execution of the will.
⁽⁴⁾	This paragraph is appropriate where the only issue is whether an appropriate declaration should be made under section 8 of the Succession Act 2006 (or where still relevant, section 18A of the Wills, Probate and Administration Act 1898) (relating to testamentary documents and amendments to testamentary documents which are not executed in accordance with the formal requirements of the Act concerned).

Form 114: Ins 30.6.1972. Am 23.12.1977; 26.4.1996; 19.2.1999. Subst 1.11.2002. Am 2008 (62), Sch 1 [33] [36] [37].

Form 115

P 78, r 64.

NOTICE OF WITHDRAWAL OF CAVEAT

I (name) of (address) withdraw the caveat filed by me on (date) and numbered (number of caveat).

Dated: (date)

(signature)
Caveator or Caveator’s solicitor

Form 115: Ins 30.6.1972. Am 23.12.1977; 25.8.1989; 26.4.1996; 19.2.1999. Rep 1.11.2002. Ins 26.11.2004.

Form 115A

(Repealed)

Form 115A: Ins 13.12.1991. Am 26.4.1996; 19.2.1999. Rep 1.11.2002.

Form 116

P 78, r 76.

(Notice of filing of accounts.)

In the Supreme Court of New South Wales Equity Division

After 14 days from publication of this notice the { executor of the will or administrator of the estate or as the case may be} of (name in capitals) late of (place, occupation) will make application for an order passing { his or her or as the case may be} accounts [if applicable and an order for commission]. Any person wishing to object to the application may obtain a copy of it by filing a Notice of Intended Objection and must file an Appearance in the proceedings before they are concluded.

Address for Service: (Part 9 rule 6)

(Form 4 does not apply.)

Form 116: Ins 30.6.1972. Am 19.8.1994. Subst 22.11.1996. Am 19.2.1999.

Form 116A

P 78, r 77A.

Notice of Intended Objection to {Accounts or Commission or Accounts and Commission}

(name) of (address, occupation) intends to object to the { passing of accounts or allowance of commission or passing of accounts and allowance of commission} in the estate of (name) late of (place, occupation) who died on (date).

Address for Service: (Part 9 rule 6)

Form 116A: Ins 22.11.1996.

Form 117

P 78, r 89.

(Acknowledgment under s. 83 of the Probate Act.)

ACKNOWLEDGMENT made under the Probate and Administration Act 1898, between (name or names) executor (or where applicable executors) of the duly proved Will (or where applicable administrator (or where applicable administrators) with the Will annexed) of (name) late of (address and occupation as in will) deceased, of the one part, and (name or names) devisee (or where applicable devisees) under the said Will, of the other part, whereby the said executor (or as the case may be executors or administrator or administrators) doth (or where applicable do) acknowledge that the said devisee (or where applicable devisees) is (or where applicable are) entitled for the estate for which the same is devised to him (or where applicable them) by the said Will to the real estate described in the said Will as (describe as in Will).

Dated this day of 19 .

(Signature or signatures of executor or executors or administrator or administrators).

Form 117: Ins 30.6.1972. Am 2008 (62), Sch 1 [38].

Form 118

P 78, r 90.

(Notice of appointment of executor or administrator.)

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of (name) late
of (place) labourer

NOTICE OF APPOINTMENT OF EXECUTOR (or ADMINISTRATOR)

To (name)

After 28 days from the date of service on you of this notice I (name) of (address) the executor of the will and codicils (or where applicable administrator of the estate) of (name) late of (place) labourer propose pursuant to section 75A of the Probate and Administration Act 1898, to appoint by deed (name) to be an executor of the will and codicils (or where applicable administrator of the estate) of the deceased in my place and stead (or where applicable as co-executor or co-administrator) with me (or where applicable the continuing executors or the continuing administrators).

If you object to the appointment you may within the period of 28 days lodge with the Registrar in Probate notice that you object to the appointment being made and serve a copy of that notice on me at (address).

Dated: (date)

(signature)

Form 118: Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [33] [38].

Form 119

P 78, r 90.

DEED OF APPOINTMENT OF EXECUTOR OR ADMINISTRATOR

THIS INDENTURE made the (date) BETWEEN (name) of (address) (hereinafter called the “Appointor”) of the one part and (name) of (address) (hereinafter called the “Appointee” of the other part WHEREAS (name) late of (place) by his will dated (date) gave all his estate to the Appointor and appointed him sole executor of his will (or as the case may be, reciting the will) (or where applicable died intestate) AND WHEREAS (where applicable probate of the will) (or where applicable letters of administration of the estate) of the deceased was (or where applicable were) granted to the Appointor (where applicable and to (name)) by the Supreme Court of New South Wales on (date) AND WHEREAS the Appointor has not yet renounced or taken probate of the will (or where applicable fully administered the estate) of the deceased AND WHEREAS the Appointor is desirous of retiring from the office of executor of the will (or where applicable administrator of the estate) and of appointing the Appointee to act in his place and stead or is desirous of appointing the Appointee as co-executor with him (or as the case may be) NOW THIS DEED WITNESSES that the Appointor HEREBY APPOINTS the Appointee executor of the will in his place and stead or as co-executor with him of the will (or as the case may be).

Signed sealed and delivered etc.

Form 119: Ins 30.6.1972.

Form 120

P 78, r 90.

(Notice of objection to appointment of executor or administrator.)

In the Supreme Court
of New South Wales
Equity Division
Probate List

Estate of (name) late
of (place) labourer

OBJECTION TO APPOINTMENT OF EXECUTOR (or ADMINISTRATOR)

I (name) of (address) object to the proposal by (name) to appoint (name) as (state the proposed appointment).

My interest in the will (or where applicable estate) is (state the interest).
Filed: (date)

(signature)

Form 120: Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [33].

Form 121

P 78, r 91 and P 77, rr 31, 69.

(Notice of intended distribution of an estate under—

(a) section 92 of the Probate and Administration Act 1898;

(b) section 11 of the Testator’s Family Maintenance and Guardianship of Infants Act 1916;

(c) (Repealed)

(d) section 35 of the Family Provision Act 1982.)

(No heading or title is necessary.)

NOTICE OF INTENDED DISTRIBUTION OF ESTATE

Any person having any claim upon the estate of (name in capitals) late of (place, occupation) who died on (date) [where the notice is given in respect of trust property add or in respect of (describe the property to be conveyed or distributed and identify the trust)] must send particulars of the claim to the executor* (name) at {address of executor* or care of name of solicitor, solicitor, address, [where applicable add or their agents, name, address]} within { one calendar month or longer period} from publication of this notice. After that time the { assets of the estate [where appropriate add and the property] or property} may be conveyed and distributed having regard only to the claims of which at the time of conveyance or distribution the executor* has notice. {Probate was or Letters of administration were} granted in N.S.W. on (date).

(Form 4 does not apply. It is not necessary to add the name of the person authorising publication.)

*or as the case may be

Form 121: Ins 4.5.1973. Subst 23.12.1977 (see erratum 23.6.1978). Am 8.7.1983; 13.12.1991. Subst 19.3.1999. Am 25.6.1999; 2008 (62), Sch 1 [38]–[40].

Form 121A: Ins 19.3.1999. Rep 2008 (62), Sch 1 [28].

FORM 121A

(Repealed)

Form 122

P 79, r 8.

(Petition under the Parliamentary Electorates and Elections Act 1912.)

(To be set out in accordance with Form 1.)

	In the Matter of the Election of a Member of the Legislative Assembly for the Electoral District of (place).
	(name) petitioner (name) respondent

PETITION

To the Court of Disputed Returns—

(The statement of facts shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject matter. The facts shall include a description of the petitioner in terms of section 157 (c) of the subject Act, the date and result of the election, the date on which the writ was returned and the facts relied on to invalidate the election or return.)

The petitioner prays that—

(a)

(b)

To the respondent (address)—

You are liable to suffer judgment or an order against you unless the prescribed form of notice of your appearance is received in the Registry (or where a place in the Riverina or the Central West or the Northern Rivers district is the nominated place of trial,“or Sub-Registry”) within 14 days after service of this petition upon you.

Petitioner: (name, address).
Petitioner’s Address for Service: (Part 9 rule 6 (1)).
Address of Registry:

(where a place in the Riverina is the nominated place of trial, add

“Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”.)

(where a place in the Central West is the nominated place of trial, add

“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.)

(where a place in the Northern Rivers district is the nominated place of trial, add

“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads and Wauchope”.).

(signature)
Petitioner

Signed by the Petitioner in our presence at (place) on (date).

	(signature) (full name, address and occupation)
	(signature) (full name, address and occupation)

(The rules which apply where a deponent making an affidavit if illiterate or blind shall apply in respect of each witness, making such changes as it is necessary to make, where a petitioner is illiterate or blind.)

(Form 4 does not apply.)

Form 122: Ins 27.5.1977. Am 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 24.10.1986; 20.2.1987; 26.8.1988.

Form 123

P 79, r 9.

(Notice of filing petition under the Parliamentary Electorates and Elections Act 1912.)

NOTICE OF DISPUTED ELECTION (OR RETURN) OF A MEMBER OF THE LEGISLATIVE ASSEMBLY

A petition was, on (date), filed with the Prothonotary of the Supreme Court disputing the election (or return) of (name) as a member of the Legislative Assembly for the Electoral District of (place).

The facts relied on to invalidate the election (or return) are as follows—

(a)
(state the facts as concisely as may be)

(b) The petition prays that—
(set out the claims for relief prayed for in the petition)

Petitioner: (name, address and occupation).

(Form 4 does not apply.)

Form 123: Ins 27.5.1977.

Form 124

P 79, r 31.

(Notice of a reference under the Parliamentary Electorates and Elections Act 1912.)

NOTICE OF A REFERENCE OF A QUESTION TO THE COURT OF DISPUTED RETURNS

The following question respecting the qualification of a member of the Legislative Assembly (or respecting a vacancy in the Legislative Assembly) was, on ,
19 , referred to the Court of Disputed Returns for its determination, namely—

(state the question)

(name), Speaker of the Legislative Assembly.

(Form 4 does not apply)

Form 124: Ins 27.5.1977.

Form 125

(Notice of application for reduction of capital and of list of creditors.)

P 80, r 9.

(No heading or title.)

NOTICE OF APPLICATION RELATING TO

(name of company in capitals.)

An application has been made to the Supreme Court to confirm a resolution of the above Company for reducing its capital from $ (or as the case may be). A list of the persons admitted to have been creditors of the Company on (date), may be inspected at the office of the Company at (address) or at the office of the undersigned at any time during usual business hours, on payment of the charge of ($ Schedule G item 22).

Any person who claims to have been, on the last mentioned day and still to be, a creditor of the company, unless he belongs to the following class or classes (set out class or classes) and is not entered on the said list and claims to be so entered, must on or before (date), send his name and address, and the particulars of his debt or claim (and the name and address of his solicitor, if any) to the undersigned or in default thereof he will be precluded from objecting to the proposed reduction of capital.

Every admitted creditor who does not consent thereto shall be entitled to object.

Any creditor who has not received notice that his name is entered on the list of creditors must send to the undersigned particulars of his name and address.

	(name of plaintiff’s solicitor)
(No date is required.)	(address for service)
(Form 4 is not applicable.)

Form 125: Ins 30.6.1982.

Form 126

(Notice of application under ss. 123 (5), 320 and 363 (1) of the Code.)

(No heading or title.)

NOTICE OF APPLICATION RELATING TO
(Name of Company in capitals.)

P 80, rr 9 (4) (b), 10 and 18.

In respect of proceedings commenced on (date), application will be made by (name of plaintiff) (or if applicable, name of substituted plaintiff, who has, with the leave of the Court, in respect of a summons filed on (date) been substituted as plaintiff) to the Supreme Court of New South Wales at a.m. on (date) at

(address of Court)

where application is made for an order under section 123 (5) of the Code without fixing a date for (settling a list of creditors to confirm a resolution of the Company to reduce its share capital from $ to $ , such reduction to be effected by (state how the reduction is to be effected).

where application is made for an order under section 320 of the Code for an order under section 320 of the Companies (New South Wales) Code, in respect of the above Company and, where an order for winding up is sought including an order that the Company be wound up.

where application is made for an order under section 364 (1) of the Companies (New South Wales) Code, for an order that the Company be wound up.

(state the orders sought)

Copies of documents filed may be obtained under the rules.

Any person intending to appear at the hearing must serve a notice in the prescribed form so as to reach the address below not later than 1 p.m. on (specify the date, for example 7 May 19 by reference to Part 80 rule 20 (3)).

	(name of plaintiff’s solicitor)
(No date is required.)	(address for service)

(Form 4 is not applicable.)

Form 126: Ins 30.6.1982 (see erratum 9.7.1982).

Form 127

(Affidavit verifying list of creditors.)

P 80, r 10.

AFFIDAVIT

On 7 May 19 I (name, address and occupation) say on oath—

1. I am the secretary, (or as the case may be) of the plaintiff.

2. The document produced to me, and marked “A”, contains a list of the creditors of and persons having claims upon the said Company (or a list of the creditors of and persons having claims upon the said Company except those of the following class (or classes—set out class or classes) on (date) (the date fixed by the Court) together with their addresses, and the nature and amount of their debts or claims, and such list is, to the best of my knowledge and belief, a true and accurate list of persons having claims on that day, and of the nature and amount or estimated value of their debts or claims.

3. To the best of my knowledge and belief there was not, at that date, any debt or claim which, if that date were the commencement of the winding up of the said Company, would be admissible in proof against the said Company other than and except the debts and claims set forth in the said list.

4. I am able to make this statement from facts within my knowledge as the of the said Company, and from information derived upon investigation of the books of the said Company.

Sworn at	}
		“A”
before me

Name, address and description of creditor or claimant	Nature of debt or claim	Amount of estimated value of debt or claim

This list of creditors and claimants marked “A” was produced and shown to AB at the time of swearing his affidavit before me on (date).

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 127: Ins 30.6.1982. Am 21.10.1994.

Form 128

(Notice to creditors.)

P 80, r 10.

To (name and address of creditor).

An application has been made to the Supreme Court to confirm a special resolution of the above Company for reducing its capital from $ to $ . In the list of persons admitted by the Company to have been its creditors on (date) (here insert any qualification which may have been directed) your name is entered as a creditor for (nature and amount or estimated value of debt or claim).

If you claim to have been on the last-mentioned day a creditor in a larger amount than is stated above, you must on or before (date), send the particulars of your claim, your name and address (and the name and address of your solicitor, if any) to the undersigned otherwise the above entry in the list of creditors will, in all the proceedings under the above application to reduce the capital of the Company, be treated as correct.

Dated 19 .

(Name of plaintiff’s solicitors.)

Form 128: Ins 30.6.1982.

Form 129

(Affidavit as to claims.)

P 80, r 10.

AFFIDAVIT

On 7 May 19 I, CD, of &c (for example, the secretary of the said Company) and on 11 May 19 , I, EF, of &c (for example, the solicitor for the said Company) and on 12 May 19 I, AB, of &c (for example, the managing director of the said Company) say on oath—

I, the said CD for myself say—

	1. I did, on 19 , in the manner hereinafter mentioned, serve a true copy of the notice now produced to me and marked “B” upon each of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked “A”, referred to in the affidavit of filed on 19 .
	2. I served the copies of the said notice by (for example putting such copies duly addressed to such persons according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons) and with the proper postage stamps affixed thereto as prepaid letters, into the post office in (street) between a.m. and a.m. on 19 ).

And I, the said EF, for myself say—

	3. A true copy of the notice now produced to me, and marked “C”, has appeared in the of 19 , 19 , &c.
	4. I have, in the document now produced and shown to me and marked “D”, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice “B”, now produced and shown to me by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors, marked “A”, referred to in the affidavit of sworn on 19 , (or no person has sent to me pursuant to the said notice “B” a claim to be entered on the said list for a larger sum than in respect of which he is entered in the said list marked “A”.)
	5. I have, in the document now produced and shown to me, marked “E”, set forth a list of all claims, the particulars of which have been sent to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the Company on 19 , not appearing on the said list of creditors marked “A”, and who claimed to be entered thereon (or no claims have been sent to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list “A” and claimed to be so entered).

And we, CD and AB, for ourselves say—

6. We have in the first part of the said document marked “D”, (now produced and shown to us), and also in the first part of the said document marked “E”, (also produced and shown to us), respectively set forth such of the said debts and claims as are admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the Company contends are wholly or as to any and what part thereof not included in the enquiry in this matter.

7. We have, in the second part of such of the said documents marked “D” and “E”, set forth such of the said debts and claims as are wholly disputed by the Company and such of the same debts and claims as the Company contends would even if admitted be wholly (or as to what part thereof) not included in the enquiry in this matter.

And I, the said CD further say—

8. All rents, rates, taxes, salaries, wages and other incidental expenses current on 19 and since become due have been paid and discharged by the Company.

Sworn by (name) at	}

before me (and so on)

EXHIBIT D

D
(heading and title.)

LIST OF DEBTS AND CLAIMS of which the particulars have been sent to
by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors made out by the Company.

This document marked “D”, was produced and shown to CD, EF, and AB, respectively, and is the same as is referred to in their affidavit sworn before me on
19 .

First Part
Debts and claims wholly or partly admitted by the Company

Names and addresses and description of creditors	Particulars of debt or claim	Amount claimed	Amount admitted by the Company to be owing to creditor	Amounts admitted by the Company to be owing but which it is contended are not within the enquiry

Second Part
Debts and claims wholly disputed by the Company

Names, addresses and descriptions of claimants	Particulars of claim	Amount claimed	Amounts which, even if admitted, it is contended would not be within the enquiry

EXHIBIT E

E
(heading and title.)

LIST OF DEBTS AND CLAIMS of which the particulars have been sent to
by persons claiming to be creditors of the Company and to be entered on the list of the creditors made out by the Company.

This document marked “E” was produced and shown to CD, EF and AB, respectively, and is the same as is referred to in their affidavit sworn before me on
19 .

First Part
(Same as in Exhibit D.)

Second Part
(Same as in Exhibit D.)

(Note: names are to be inserted alphabetically.)

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 129: Ins 30.6.1982. Am 21.10.1994.

Form 130

P 80, r 10.

(Notice to creditors to prove debts.)

To (Name and address).

You are hereby required to prove the debt claimed by you against the above company by filing your affidavit in the registry of the Court, Sydney, and serving a copy on the undersigned on or before 19 , and you are to attend before in at the Supreme Court, Sydney, on 19 , at a.m. being the time appointed for hearing and adjudicating on the claim, and produce any securities or documents relating to your claim.

In default of your complying with the above directions, you will be precluded from objecting to the proposed reduction of the capital of the company (or, in all proceedings relative to the proposed reduction of the capital of the company be treated as a creditor for such amount only as is set against your name in the list of creditors).

Dated 19 .

(Signed)
Solicitor for the Company
(address)

Form 130: Ins 30.6.1982.

Form 131

(Summons under section 184 (3) of the Code.)

P 80, r 12.

SUMMONS UNDER SECTION 184 (3) OF THE COMPANIES (NEW SOUTH WALES) CODE

THE COURT ORDERS that—

(name) of (address) shall appear before the Court at (place) on (date) at a.m. and show cause why the document mentioned in the schedule below should not be delivered up and produced by bringing the said document into the office of (name of Company) at (office of Company) within (state the period as ordered) to have the said document cancelled (or as the notice required) and the transfer of the said document registered (or as ordered).

SCHEDULE

(description of document.)

(Complete as in general form of minute or order, Form 51.)

Form 131: Ins 30.6.1982.

Form 132

(Summons claiming winding up order under section 364 (1) of the Code.)

P 80, r 18.

SUMMONS

The plaintiff claims—

1. An order that the defendant be wound up under the Companies (New South Wales) Code.

2. An order that a liquidator of the defendant be appointed (or where a person is proposed that (name) be appointed liquidator of the defendant).

Form 132: Ins 30.6.1982. Am 22.10.1982.

Form 133

(Note of intention to appear on hearing.)

P 80, r 20.

He intends to appear on the hearing (add, where he intends to support the plaintiff’s application and support the plaintiff’s application or where he intends to oppose the plaintiff’s application and oppose the plaintiff’s application). He is a creditor for $ of the Company (or a contributory holding number and class of shares held shares in the Company).

(No date is required.)

(Form 4 is not applicable.)

Form 133: Ins 30.6.1982.

Form 134

P 80, r 20.

NOTICE RELATING TO PERSONS INTENDING TO APPEAR ON THE HEARING

Particulars relating to persons who have given notice of their intention to appear on the hearing are set out below.

Name	Address	Solicitor	Creditor’s debt $	Contributory’s shares: number and class	“Supporting”, “Opposing” or leave blank

Form 134: Ins 30.6.1982. Am 22.10.1982.

Form 135

(Minute of order substituting a plaintiff in a winding up application)

(Title before this order)

P 80, r 21.

ORDER

THE COURT ORDERS that—

1. (name) be substituted as plaintiff;

2. the substituted plaintiff amends the summons accordingly;

3. the substituted plaintiff serve on the defendant personally a minute of this order and the amended summons;

4. the substituted plaintiff publish a notice in accordance with Form 126 and otherwise comply with the requirements of the rules as if he were the former plaintiff making the application made in the summons;

5. the date appointed for hearing be adjourned to (date);

6. the costs of the substituted plaintiff of this application be the substituted plaintiff’s costs of proceedings on the application (or as ordered).

(Complete as in general form of minute of order, Form 51.)

Form 135: Ins 30.6.1982.

Form 135A

(Notice to liquidator of appointment)

P 80, r 22A.

To: (name and address of liquidator).
(name and registered office of Company) was wound up by order of the Court on (date) and you were appointed to be the liquidator. The application for the winding up was filed on (date on which the summons was filed).

Form 135A: Ins 14.2.1986. Am 20.4.1990.

Form 136

(Minute of winding up order.)

P 80, r 23.

ORDER

THE COURT ORDERS that—

1. the defendant be wound up by the Court under the provisions of the Companies (New South Wales) Code;

2. (name and address) be the liquidator of the defendant;

3. (any directions under section 370 (2) (b) of the Code);

4. that the plaintiff be at liberty to apply as he may be advised (or as ordered).

(Complete as in general form of minute of order, Form 51.)

Form 136: Ins 30.6.1982.

Form 136A

(Notice to provisional liquidator of appointment)

P 80, r 26.

To: (name and address of provisional liquidator):

On: (date) the Court appointed you to be the liquidator of (name and registered office of the Company) provisionally.

Form 136A: Ins 20.4.1990.

Form 137

(Notice of appointment of provisional liquidator.)

(No heading or title.)

P 80, r 26.

NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR

On (date), the Supreme Court appointed (name in capitals, address) to be the liquidator of (name of company in capitals) provisionally.

(name of plaintiff’s solicitor)
(address for service)

(No date required.)
(Form 4 is not applicable.)

Forms 137–140: Ins 30.6.1982.

Form 138

(No heading or title.)

NOTICE OF WINDING-UP ORDER

(Name of Company in capitals.)

P 80, r 28.

On (date) the Supreme Court made an order that the Company be wound up by the Court and appointed me to be liquidator.

	(name of liquidator) (address)
(No date required.) (Form 4 does not apply.)

Forms 137–140: Ins 30.6.1982.

Form 139

(Certificate of liquidator of resolution of meeting of Committee of Inspection (or creditors and/or contributories))

P 80, r 33.

(Title)

I certify that the document attached hereto and marked “A” is a true copy of the resolution of a meeting of the Committee of Inspection (creditors and contributories or creditors or contributories) of the Company held at on (date).

Dated .

	(Signature)
	Liquidator

Forms 137–140: Ins 30.6.1982.

Form 140

(Report.)

P 80, r 36, 52.

REPORT BY LIQUIDATOR (or as the case may be)

I, (name and address) am the liquidator (or as the case may be) of (name of Company).

(Continue in paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct part of the subject matter. For example, where the liquidator makes a report under section 431 (2) of the Code—

I was chairman of a meeting of the creditors (or contributories) of the Company held on (date) at (place).

The meeting was convened by a notice given on (date) and by notice published in the (name of newspaper) on (date) and in the Government Gazette on (date).

The meeting was attended, either personally or by proxy, by (number) creditors whose proofs of debt against the Company were admitted for voting purposes and amounted in all to the value of $ .

The meeting was attended, either personally or by proxy, by (number) contributories who held in all (number) shares in the Company and were entitled respectively by the regulations of the Company to (number) votes.)

The proposals submitted to the meeting were (state the proposals).

Certify the resolution of the meeting, showing that the voting was unanimous or if not, the (total number and value of creditors, or the total number and voting power of contributories, voting for and against each proposal.)

Dated:	(signature)
	Chairman

Forms 137–140: Ins 30.6.1982.

Form 141

(Affidavit by special manager verifying his accounts.)

P 80, r 38.

AFFIDAVIT

On 19 I (name, address and occupation) say on oath—

1. I am the special manager of the property and business (or as the case may be) of the Company.

2. The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from (date) to (date).

3. I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.

Sworn at	}

before me

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 141: Ins 30.6.1982. Am 21.10.1994.

Form 142

(Requirement by liquidator under section 384 (1) of the Code.)

P 80, r 40.

REQUIREMENT TO PAY MONEY, etc. TO LIQUIDATOR

To (name and address):

1. I am the liquidator of (name of Company.)

2. Pursuant to section 384 (1) of the Companies (New South Wales) Code, I require you to pay (or deliver, convey, surrender or transfer) to me, forthwith (or not later than (number) days from the date of this requirement) (or such time as the liquidator directs) $ (or describe the property or books)
[or any money, property or books to which the Company is prima facie entitled.

In this requirement—

(a) “accounting records” includes invoices, receipts, orders for the payment of money, bills of exchange, cheques, promissory notes, vouchers and other documents of prime entry and also includes such working papers and other documents as are necessary to explain the methods and calculations by which accounts are made up;

(b) “books” includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored, and also includes any document;

(c) a reference to writing shall be construed as including a reference to any mode of representing or reproducing words, figures or symbols in a visible form;

(d) “printed” includes type-written, lithographed or reproduced by any mechanical means; and

(e)  “document” includes—
(i)  any paper or other material on which there is writing or printing, or on which there are marks, symbols, or perforations having a meaning for persons qualified to interpret them; and
(ii)  a disc, tape or other article from which sounds, images or messages are capable of being reproduced and, without limiting the generality of the foregoing, includes any summons, order and other legal process and any notice;

(f) “property” means any legal or equitable interest (whether present or future and whether vested or contingent) in real or personal property of any description and includes things in action].

Dated:

(signature)
(name)
(address)

(Form 4 does not apply.)

Form 142: Ins 30.6.1982 (see erratum 9.7.1982).

Form 143

(Notice of meeting of committee of inspection to sanction a call.)

P 80, r 41.

A meeting of the committee of inspection will be held at on (date) at a.m. for the purpose of considering, and if thought fit passing, a resolution that the making by the liquidator of a call of $ per share on all of the contributories (or as the case may be) be sanctioned.

Dated:

	(signature)
	Liquidator
	(address)

Forms 143–147: Ins 30.6.1982.

Form 144

(Statement with notice of meeting of committee of inspection to sanction a call.)

P 80, r 41.

STATEMENT IN SUPPORT OF PROPOSAL FOR CALL

(state the matters required to be stated by Form 148.)

Dated:

	(signature)
	Liquidator
	(address)

Forms 143–147: Ins 30.6.1982.

Form 145

(Notice of meeting of committee of inspection to sanction a call.)

P 80, r 41.

(No heading or title.)

I have convened a meeting of the committee of inspection of (name of Company) to be held at on (date) at a.m. to sanction the making of a call of $ per share on all of the contributories of the Company (or as the case may be). Any contributory may make representations to me or the members of the committee in writing before, at, or orally at, the meeting. A statement showing the necessity for the making of the call may be obtained from me.

(name and address of liquidator)

(No date is required.)
(Form 4 is not applicable.)

Forms 143–147: Ins 30.6.1982.

Form 146

(Resolution of committee of inspection sanctioning a call.)

P 80, r 41.

Resolved on (date) that the making by the liquidator of a call of $ per share on all of the contributories of the Company (or as the case may be) be sanctioned.

(signatures)
Members of the Committee of Inspection.

Forms 143–147: Ins 30.6.1982.

Form 147

(Summons for leave to make a call.)

P 80, r 42.

SUMMONS

The plaintiff claims an order—

1. under section 389 (2) (a) of the Companies (New South Wales) Code that he be granted leave (to make a call of $ per share on all of the contributories of the Company named in column 2 of the schedule below.

2. under section 384 (4) of the Code that each contributory pay into (name of bank) to the account of the liquidator the amount of the call made on him.

SCHEDULE

Column 1	Column 2	Column 3	Column 4
Serial number.	Name and address.	In what character included.	Amount due $

Forms 143–147: Ins 30.6.1982.

Form 148

(Affidavit in support of application for leave to make a call.)

P 80, r 42.

AFFIDAVIT

On 19 I (name, address and occupation) say on oath—

1. I am the liquidator of the Company.

2.  The statement annexed hereto marked “A” shows—
(a)  the amount due in respect of the debts proved and admitted against the Company and the estimated amount of the costs, charges and expenses of and incidental to the winding up (which amounts form in the aggregate about $     );
(b)  the property of the Company which amounts to about $     .

3. There is no other property of the Company (where applicable) except amounts due from some of the contributories and I believe that these will realise about $ .

4. (number) persons have been settled by me on the list of contributories of the Company in respect of the total number of shares.

5. To satisfy the debts and liabilities of the Company and the costs, charges, and expenses of and incidental to its winding-up, I believe $ will be required in addition to the proceeds of the realization of the profit of the said Company and the amounts referred to in paragraph 3.

6. To provide $ (as in 5), it is necessary to make a call upon the persons settled on the list of contributories, and, having regard to the probability that some of such contributories will partly or wholly fail to pay the amount of such call, I believe that a call of $ per share should be made.

Sworn at	}

before me

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 148: Ins 30.6.1982. Am 21.10.1994.

Form 149

(Notice of application for leave to make a call.)

P 80, r 42.

(No heading or title.)

An application will be made to the Supreme Court on (date) at a.m. (or p.m.) at (address of Court) for leave to make a call of $ per share on all of the contributories of the company (or as the case may be). All persons interested are entitled to attend the hearing. A copy of an affidavit showing the necessity for the call may be obtained from me.

(name and address of liquidator)

(No date is required.)

(Form 4 is not applicable.)

Forms 149–153: Ins 30.6.1982.

Form 150

(Minute of order giving leave to make a call.)

P 80, r 42.

ORDER

THE COURT ORDERS that—

1. leave be given to the liquidator to make a call of $ per share on all of the contributories (or as the case may be);

2. each contributory pay into (name of Bank) to the account of the liquidator the amount of the call made on him (or as the case may be).

(Complete as in general form of minute of order, Form 51.)

Forms 149–153: Ins 30.6.1982.

Form 151

(Notice of amount of call per share.)

P 80, r 43.

Pursuant to the order of the court made (or the resolution of the committee of inspection passed) on (date) I will make a call of $ per share on all of the contributories of the Company (or as the case may be).

Dated:

(signature)
Liquidator

Forms 149–153: Ins 30.6.1982.

Form 152

(Notice of call sanctioned by committee of inspection.)

P 80, r 44.

On (date of resolution) the committee of inspection sanctioned the making by me of a call of $ per share on all of the contributories of the Company (or as the case may be).

I call on you accordingly to pay $ to me on or before (date).

If you do not pay that sum to me on or before that date, I will claim interest on that sum from that date until payment of that sum.

	(signature)
	Liquidator
Dated:
	(name and address)

Forms 149–153: Ins 30.6.1982.

Form 153

(Notice of call permitted by leave of the Court.)

P 80, r 44.

On (date of making of order) the Court granted leave to me to make a call of $ per share on all of the contributories of the Company (or as the case may be) and to pay the amount of the call into (bank named in the order) to my account. I call on you accordingly to pay $ into (bank) to my account on or before (date).

If you do not so pay the sum on or before that date, I will claim interest on that sum from that date until payment of that sum.

Dated:

	(signature)
	Liquidator
	(name and address)

Forms 149–153: Ins 30.6.1982.

Form 154

(Minute of order under section 541 (3) of the Code for examination.)

P 80, r 63.

ORDER

THE COURT ORDERS that—

1. (name) (address) attend before the Court at a time and place appointed by the registrar and from day to day until the conclusion of his examination, to be examined in public on oath or affirmation on any matters relating to the promotion, formation, management, administration or winding up of the Company and produce any books in his possession or under his control relevant to those matters;

2. (any directions under section 541 (5) of the Code).

3. the questions put to him and the answers given by him be recorded in writing;

4. subject to any further order of the Court, the plaintiff be paid or retain out of the property of the Company his costs of this application and the examination.

(or as ordered).

(Complete as in general form of minute of order, Form 51.)

(There may be added to a minute of the above order—

APPOINTMENT FOR HEARING

I appoint (date) at 10 a.m. at (address of Court) for the examination (or as appointed).

	(Signature)
	Registrar

Form 154: Ins 30.6.1982 (see erratum 9.7.1982).

Form 154A

(Summons under section 596A or 596B of the Corporations Law)

SUMMONS TO ATTEND FOR EXAMINATION UNDER SECTION 596A (OR 596B) OF THE CORPORATIONS LAW

P 80, r 1D (2).

To:	(Name) (Address)
1.	You are required to attend before the Court at the time and place appointed by the Registrar and specified below, to be examined on oath or affirmation about the examinable affairs (as defined in the Corporations Law) of (name of corporation) (“the Corporation”).
2.	Section 597 (6) of the Corporations Law provides that a person who is summoned under section 596A or section 596B to attend before the Court shall not, without reasonable excuse— (a) fail to attend as required by the summons; or (b) fail to attend from day to day until the conclusion of the examination.
3.	(If applicable) You are also required to produce at the examination the books (as defined in the Corporations Law) specified in the Schedule below that— (a) are in your possession or custody or under your control; and (b) relate to the Corporation or to any of its examinable affairs.
4.	(If applicable) Section 597 (7) of the Corporations Law provides that a person who attends before the Court for examination must not— (a) without reasonable excuse, refuse or fail to take an oath or make an affirmation; or (b) without reasonable excuse, refuse or fail to answer a question that the Court directs him or her to answer; or (c) make a statement that is false or misleading in a material particular; or (d) without reasonable excuse, refuse or fail to produce books that the summons requires him or her to produce.

SCHEDULE

(if applicable)
(description of books)

Dated: 19

	By the Court
	Registrar (or as the case may be)

APPOINTMENT

I appoint (date) at (time) at (address of Court) for the examination.

(Signature)
Registrar

Form 154A: Ins 2.7.1993.

Form 154BA

P 80A, r 4.

SUMMONS UNDER SECTION 1092 (3) OF THE CORPORATIONS LAW

THE COURT ORDERS that:

(name) of (address) shall appear before the Court at (place) on (date) at a.m. and show cause why the document mentioned in the Schedule below should not be delivered up and produced by bringing the said document into the office of (name of company) at (office of the company) within (state the period as ordered) to have the said document cancelled (or as the notice required) and the transfer of the said document registered (or as ordered).

SCHEDULE

(Description of document)

(Complete as in general form of minute or order, Form 51.)

Form 154BA: Ins 10.12.1993.

Form 154B

(Notice of Application under ss. 246D (5), 254E (1), 411 (4) (b) and (6), 413 (1), 459A, 461, 601FP or 601ND (1))

P 80A, r 10 (5).

(No heading or title.)

NOTICE OF APPLICATION RELATING TO

(Name of Company in capitals)

A.C.N. (specify Australian Company Number of Company)

(Name of applicant) will apply to the Supreme Court of New South Wales at (time) on (date) at (address of Court) for an order (describe order using appropriate description hereunder)
validating an issue of shares (or confirming the terms of an issue of shares) in the capital of (name of Company) under section 254E;

setting aside a modification of the constitution of (name of Company) under section 246D;

setting aside a variation or cancellation of rights of members of (name of Company) under section 246D;

approving a compromise or arrangement by (name of Company) with its creditors or members, or a class of creditors or members, under section 411 (4) and (6);

that (name of Company) be wound up in insolvency under section 459A;

that (name of Company) be wound up on the ground of (specify ground) under section 461;

that (name of proposed temporary responsible entity) be appointed as the temporary responsible entity of (specify scheme) under section 601FP;

that (name of responsible entity) wind up (specify registered scheme) under section 601ND (1);

(state other order sought).

Any person intending to appear at the hearing must file a notice of appearance in the prescribed form and serve that notice on the applicant at its address for service shown below not later than (specify the date by reference to Part 80A rule 9 (1)).

(name of applicant’s solicitor)
(address for service)

(no date is required)
(Form 4 does not apply)

Form 154B: Ins 10.12.1993. Am 25.2.1994; 19.8.1994. Subst 23.10.1998.

Form 154C: Ins 10.12.1993. Rep 23.10.1998.

Form 154D: Ins 10.12.1993. Rep 23.10.1998.

Form 154E: Ins 10.12.1993. Am 21.10.1994. Rep 23.10.1998.

Forms 154C–154E

(Repealed)

Form 154FA

P 80A, r 15.

(No heading or title)

(name of creditor)
Creditor
(name of company)
Debtor

AFFIDAVIT UNDER SECTION 459E OF THE CORPORATIONS LAW

On (date), I, (name, address and occupation) say on oath:

1 (Set out the matters referred to in paragraph (b) of Part 80A, rule 15 (1)).

2 I believe that the amount of $ , being the debt (or the total of the amounts of the debts) specified in the accompanying demand, is due and payable by the debtor to the creditor.

3 (Set out the matters referred to in paragraph (c) of Part 80A, rule 15 (1)).

4 I believe that there is no genuine dispute about the existence or amount of the debt (or debts) referred to in paragraph 2.

Sworn at	}
before me

[IMPORTANT NOTE:

(1) This affidavit accompanies a statutory demand under section 459E of the Corporations Law.

(2) No proceedings (or, if applicable, no winding up proceedings) have been commenced in respect of any debt to which this affidavit relates.

(3) Any questions relating to this affidavit or any debt to which it relates should be directed either to the person named as creditor or the creditor’s solicitors.]

Form 154FA: Ins 24.11.1995.

Form 154FB

P 80A, r 16.

AFFIDAVIT VERIFYING DEBT UNDER SECTION 459Q OF THE CORPORATIONS LAW

On (date), I, (name, address and occupation) say on oath:

1 (Set out the matters referred to in paragraph (c) of Part 80A, rule 16 (1))

2 I believe that the amount of $ , being the debt (or the total of the amounts of the debts) specified in the statutory demand served on the defendant, is due and payable by the defendant to the plaintiff.

3 (Set out the matters referred to in paragraph (d) of Part 80A, rule 16 (1))

4 I believe that there is no genuine dispute about the existence or amount of the debt (or debts) referred to in paragraph 2.

5 The defendant has failed to pay the said amount to the plaintiff or to secure or compound for that amount to the reasonable satisfaction of the plaintiff.

Sworn at	}
before me

Form 154FB: Ins 24.11.1995.

Form 154F

P 80A, r 20 (1) (a) (i).

NOTICE TO LIQUIDATOR (or PROVISIONAL LIQUIDATOR) OF APPOINTMENT

To: (name and address of liquidator or provisional liquidator)
(if liquidator was appointed, add:

(Name and registered office of Company) was wound up by order of the Supreme Court of New South Wales on (date) and you were appointed to be the liquidator. The application for the winding up was filed on (date on which the summons was filed).)
(if provisional liquidator was appointed, add:

By order of the Court on (date) you were appointed to be provisional liquidator of (name and registered office of Company).)

Form 154F: Ins 10.12.1993. Am 25.2.1994.

Form 154G

P 80A, r 20 (1) (b).

(No heading or title)

NOTICE OF WINDING UP ORDER AND APPOINTMENT OF LIQUIDATOR

(Name of Company in capitals)

A.C.N. (specify Australian Company Number of Company)

On (date) the Supreme Court of New South Wales made an order that the Company be wound up by the Court and appointed me to be liquidator.

(name of liquidator)
(address)

(No date required)
(Form 4 does not apply)

Form 154G: Ins 10.12.1993.

Form 154H

P 80A, r 20 (1) (b).

(No heading or title)

NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR

(Name of Company in capitals)

A.C.N. (specify Australian Company Number of Company)

On (date) the Supreme Court of New South Wales appointed me to be provisional liquidator of the Company.

(name of provisional liquidator)
(address)

(No date required)
(Form 4 does not apply)

Form 154H: Ins 10.12.1993.

Form 154I

P 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b).

(No heading or title)

NOTICE OF INTENTION OF LIQUIDATOR (or PROVISIONAL LIQUIDATOR or RECEIVER or ADMINISTRATOR or SPECIAL MANAGER) TO APPLY FOR DETERMINATION OF REMUNERATION

(Name of Company in capitals)

A.C.N. (specify Australian Company Number of Company)

To: (name and address of person to whom notice is given)

I, (name and address), the liquidator (or provisional liquidator or receiver or administrator or special manager) of the abovenamed Company, will, not earlier than 21 days after service on you of this notice and the accompanying affidavit, seek a determination by the Court of my remuneration.

If you object to my application, you should, within 21 days after service of this notice, serve on me a notice of objection stating the grounds of objection to the remuneration claimed. You will then be entitled to receive notice of the time and place of hearing of the application.

Dated (date)

(signature)
liquidator (or provisional liquidator or
receiver or administrator or special manager)

(Form 4 does not apply)

Form 154I: Ins 10.12.1993. Subst 21.10.1994.

Form 154J

(Report)

P 80A, rr 25, 31.

REPORT BY LIQUIDATOR (or as the case may be)

I, (name and address) am the liquidator (or as the case may be) of (name of Company).

I was chairman of a meeting of the creditors (or contributories) of the Company held on (date) at (place).

The meeting was convened by a notice given on (date) and by notice published in the (name of newspaper) on (date) and in the Commonwealth of Australia Gazette on (date).

The meeting was attended, either personally or by proxy, by (number) creditors whose proofs of debt against the Company were admitted for voting purposes and amounted in all to the value of $

The meeting was attended, either personally or by proxy, by (number) contributories who held in all (number) shares in the Company and were entitled respectively by the regulations of the Company to (number) votes.

The proposals submitted to the meeting were (state the proposals).

(Certify the resolution of the meeting, showing that if the voting was unanimous of, if not, the total number and value of creditors, or the total number in voting power of contributories, voting for and against each proposal.)

Dated:

(signature)
Chairman

Form 154J: Ins 10.12.1993.

Form 154K

(Affidavit by special manager verifying his accounts.)

P 80A, r 27.

AFFIDAVIT

On 19 I (name, address and occupation) say on oath:

1. I am the special manager of the property and business (or as the case may be) of the Company.

2. The account of receipts and payments set out above contains a full and true account of my receipts and payments as special manager from (date) to (date).

3. I have not, nor has any other person by my order or for my use, during the period, received or paid any moneys on account of the Company other than the items mentioned in that account.

SWORN at	}

before me

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 154K: Ins 10.12.1993. Am 21.10.1994.

Form 154L

P 80A, r 33 (3) (a) (i).

NOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE

To: (name and address of creditor or contributory)

I, (name and address of liquidator), the liquidator of the above Company, intend to apply to the Supreme Court of New South Wales for a release as liquidator of the Company (if applicable, add and that the company be dissolved).

If you object to the grant of my release, you must, within 21 days of publication in the Commonwealth of Australia Gazette of my notice of intention to apply for a grant of release, deliver to me a notice of objection stating the grounds of objection.

(NOTE—

Section 481 (3) of the Corporations Law provides that an order of the Court releasing the liquidator discharges him or her from all liability in respect of any act done or default made by him or her in the administration of the affairs of the Company or otherwise in relation to his or her conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.)

Dated: (date)

(Form 4 does not apply)

Form 154L: Ins 10.12.1993.

Form 154M

P 80A, r 33 (3) (b).

(No heading or title)

NOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE

(Name of Company in capitals)

A.C.N. (specify Australian Company Number of Company)

I, (name and address of liquidator), the liquidator of the above company, intend to apply to the Supreme Court of New South Wales for a release as liquidator of the Company (if applicable, add and that the company be dissolved).

Any creditor or contributory who wishes to object to the grant of my release may, within 21 days of publication of this notice, deliver to me a notice of objection stating the grounds of objection.

(NOTE—

(No date is required)
(Form 4 does not apply)

Form 154M: Ins 10.12.1993. Am 25.2.1994.

Form 154N

P 80A, r 36 (6).

SUMMONS TO ATTEND FOR EXAMINATION

UNDER SECTION 596A (or 596B) OF THE CORPORATIONS LAW

To:	(Name) (Address)

You are required to attend before the Court at the time and place appointed by the Registrar and specified below, to be examined on oath or affirmation about the examinable affairs (as defined in the Corporations Law) of (name of corporation) (“the Corporation”).

Section 597 (6) of the Corporations Law provides that a person who is summoned under section 596A or section 596B to attend before the Court shall not, without reasonable excuse:

(a) fail to attend as required by the summons; or

(b) fail to attend from day to day until the conclusion of the examination.

(If applicable) You are also required to produce at the examination the books (as defined in the Corporations Law) specified in the Schedule below that:

(a) are in your possession or custody or under your control; and

(b) relate to the Corporation or to any of its examinable affairs.

(If applicable) Section 597 (7) of the Corporations Law provides that a person who attends before the Court for examination must not:

(a) without reasonable excuse, refuse or fail to take an oath or make an affirmation; or

(b) without reasonable excuse, refuse or fail to answer a question that the Court directs him or her to answer; or

(c) make a statement that is false or misleading in a material particular; or

(d) without reasonable excuse, refuse or fail to produce books that the summons requires him or her to produce.

SCHEDULE

(if applicable)
(description of books)

Dated: 19

By the Court
Registrar
(or as the case may be)

Form 154N: Ins 10.12.1993.

Form 155: Ins 30.8.1985 (see erratum 11.10.1985). Rep 10.12.1993.

Form 156: Ins 30.8.1985 (see erratum 11.10.1985). Rep 10.12.1993.

Forms 155, 156

(Repealed)

Form 157

P 82, rr 9, 7 (4).

OATH OF OFFICE

I, (name) of (address and occupation) do swear that if I am appointed as a public notary by the Supreme Court of New South Wales I will truly and honestly conduct myself in the practice of a public notary in New South Wales according to the best of my knowledge, skill and ability.

(Signature of person taking oath)

CERTIFICATE

I, (name) of (address), certify that I duly administered the above oath on (date) at (place).

(date)

........................................(Signature of a person administering oath)

........................................(Office of person administering oath)

Form 157: Ins 3.1.1986. Subst 14.2.1986; 19.12.1997. Am 24.4.1998 (see erratum 1.5.1998).

Form 158

P 1, r 9A (1A)

CERTIFICATION UNDER SECTION 198L OF THE LEGAL PROFESSION ACT 1987

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case may be)

Form 158: Ins 3.1.1986. Am 17.11.1989. Rep 19.12.1997. Ins 29.11.2002. Am 5.9.2003.

Form 159: Ins 3.1.1986. Rep 19.12.1997.

Form 160: Ins 3.1.1986. Am 24.9.1993; 23.2.1996. Rep 19.12.1997.

Forms 159, 160

(Repealed)

Form 161

P 84, r 1

APPLICATION FOR DIRECTION TO PAROLE AUTHORITY

To the Registrar:

Date:

I, (full name), apply to the Court for a direction to be given to the Parole Authority that the information on which the Authority on (date) based its decision:

*(a) under section 141/149/150* of the Crimes (Administration of Sentences) Act 1999 that I should not be released on parole was false/misleading/irrelevant*.

*(b) under section 130/163/167/170 (1)* of the Crimes (Administration of Sentences) Act 1999 to revoke the parole order/periodic detention order/home detention order* relating to me was false/misleading/irrelevant*.

The information that I believe was false/misleading/irrelevant* is set out on page 2 of this application.

* Strike out any words that are not applicable.

(signed)†
Applicant

†This application must be signed by the applicant and, if the applicant cannot write, the applicant’s mark must be attested by a witness whose name and address must be given.

The applicant must answer the following question:
Do you desire to appear in person at the hearing or determination of your application?

If the answer is “yes”, the applicant must state the grounds on which the applicant believes he or she should be allowed to do so.

(Page 2 of application)

The following information was false:*

The following information was misleading:*

The following information was irrelevant:*

* Strike out any words that are not applicable.

Form 161: Ins 2006 (137), Sch 1 [5].

Form 162

P 84, r 2

APPLICATION BY STATE FOR DIRECTION TO PAROLE AUTHORITY

To the Registrar:

Date:

The Attorney General/The Director of Public Prosecutions* applies to the Court for a direction to be given to the Parole Authority that the information on which the Authority on (date) based its decision under section (number of appropriate section) of the Crimes (Administration of Sentences) Act 1999:

*(a) that (name of offender) should be released on parole was false/misleading/irrelevant*.

*(b) not to revoke the parole order relating to (name of offender) was false/misleading/irrelevant.*

The information that I believe was false/misleading/irrelevant* is set out on page 2 of this application.

* Strike out any words that are not applicable.

(signed)Applicant

(Page 2 of application)

The following information was false:*

The following information was misleading:*

The following information was irrelevant:*

* Strike out any words that are not applicable.

Form 162: Ins 2006 (137), Sch 1 [5].

sch F, tbl 1 (Index of Forms): Ins 2.6.1972. Am 23.6.1972; 30.6.1972; 17.7.1972; 4.5.1973; 5.10.1973; 21.12.1973; 29.3.1974; 1.8.1975; 22.8.1975; 27.5.1977; 1.7.1977; 21.10.1977; 23.12.1977; 6.7.1979; 19.10.1979; 21.12.1979; 23.5.1980; 24.12.1981; 28.5.1982; 30.6.1982; 25.2.1983; 8.7.1983; 9.12.1983; 23.12.1983; 25.5.1984; 29.6.1984; 31.8.1984; 21.12.1984; 12.7.1985; 23.8.1985 (see erratum 6.9.1985); 30.8.1985; 20.12.1985; 3.1.1986; 14.2.1986; 23.5.1986; 24.10.1986; 13.3.1987; 27.3.1987; 31.12.1987; 17.6.1988; 19.5.1989; 23.6.1989; 20.10.1989; 15.12.1989; 22.12.1989; 20.4.1990; 25.5.1990; 14.12.1990; 13.12.1991; 24.9.1993; 19.11.1993; 10.12.1993; 25.2.1994; 19.8.1994; 21.10.1994; 23.12.1994; 22.9.1995; 24.11.1995; 1.3.1996; 26.4.1996; 25.10.1996; 22.11.1996; 21.2.1997; 23.5.1997; 5.12.1997; 19.12.1997; 24.7.1998; 19.3.1999; 20.8.1999; 25.2.2000; 21.7.2000; 24.11.2000; 1.11.2002; 29.11.2002; 21.3.2003; 24.4.2003; 13.6.2003; 29.8.2003; 26.3.2004; 28.5.2004; 26.11.2004; 4.3.2005; 2005 (171), Sch 1 [13] [14]; 2007 (446), Sch 1 [11]; 2008 (62), Sch 1 [41] [42].

Index of Forms

1.	First page of a document (See P 65, r 1).
2.	}	Heading and title (See P 65, r 1).
3.	}
4.	Conclusion of documents for use by a party.
5.	Statement of Claim (P 4, r 1).
6.	Summons (P 5, r 4A).
7.	(Repealed)
8.	Appointment for hearing (P 5, r 5).
9.	Defence and cross-claim (P 6, r 13).
10.	Cross-claim (pleaded) (P 6, r 13).
11.	(Repealed)
11A.	Cross-claim against plaintiff in summons (P 6, r 16 (1)).
11B.	(Repealed)
12.	Notice of payment (P 7, r 4).
13.	Notice of claim for possession (P 7, r 8).
13A.	Notice to defendant served outside Australia (P 10, r 2A).
14.	Request for special service (P 10, r 8 (a) (v)).
15.	Request for service (P 10, r 10).
16.	Notice of Appearance (P 11, r 4).
17.	Defence (P 15, r 3).
18.	Reply (P 15, r 4).
19.	Reply and defence to cross-claim (P 15, r 4 (2)).
20.	Notice to plead facts (P 15, r 12 (3)).
20A.	Affidavit verifying statements of claim (P 15, r 23).
20B.	Affidavit verifying defence (P 15, r 23).
20C.	Affidavit of debt (P 17, r 4 (2))
21.	Notice to admit facts and authenticity of documents (P 18, rr 2, 5).
22.	Notice disputing facts and authenticity of documents (P 18, rr 2, 5).
23.	Notice of Motion (P 19, r 2).
24.	Notice of amendments (P 20, r 7).
25–30A.	(Repealed)
31.	Notice for discovery (P 23, r 1).
32.	List of documents (P 23, r 6).
33.	Notice to answer interrogatories (P 24, r 6).
34.	Statement in answer to interrogatories (P 24, r 6).
35.	Verified statement in answer to interrogatories (P 24, r 6).
36.	(Repealed)
37.	Notice of motion for directions (P 26, r 2).
38.	Minutes of Order for examination (P 27, r 1D).
39.	Minutes of Order appointing examiner (P 27, r 1D).
40.	Minutes of Order to send letter of request (P 27, r 1).
41.	Receiver’s deed of security (P 29, r 2).
41A, 41B.	(Repealed)
42.	Notice to set down for trial (P 33, r 5).
43.	Requisition for trial with a jury (P 34, r 3).
43A.	Order for Production (P 36, r 12).
44.	Minutes of order (inmate a witness) (P 36, r 14).
45.	Notice to produce (P 36, r 16).
45A.	Subpoena for production for service in New Zealand (P 36A r 3 (5))
45B.	Subpoena to a corporation for production and for its proper officer to answer questions concerning possession, etc of documents for service in New Zealand (P 36A r 3 (5)).
45C.	Subpoena for production of original or photocopies of medical records for service in New Zealand (P 36A r 3 (5)).
45D.	Subpoena to give evidence for service in New Zealand (P 36A r 3 (5)).
45E.	Subpoena for production and to give evidence for service in New Zealand (P 36A r 3 (5)).
45F.	Certificate of non-compliance with subpoena (P 36A, r 5 (1)).
45G.	Objection to determination without hearing (P 36A r 6 (7)).
45H.	Request for hearing by video link or telephone (P 36A r 6 (8)).
46.	Subpoena (P 37, r 3).
46A–48.	(Repealed)
49.	Affidavit (P 38, r 2).
50.	Minute of judgment (P 41, r 10) and particular judgments.
51.	Minute of order (P 41, r 11).
51A.	Certificate under section 13 of the Foreign Judgments (Reciprocal Enforcement) Act 1973 (P 41, r 15A (2)).
52.	Writ of possession (and for levy of property) (P 42, r 4).
53.	Writ of specific delivery (P 42, r 5).
54.	Writ of delivery (P 42, r 5).
55.	Notice to corporation and officer before sequestration or committal (P 4, r 8 (3)).
56.	Minute of order (examination as to debts) (P 43, r 1).
57.	Writ for levy of property (P 45, r 2).
57A.	Notice to judgment debtor of intention to sell land (P 45, r 9 (2)).
57B.	Memorandum to be endorsed on notice of sale for service on judgment debtor. (P45, r 12).
58.	Garnishment notice (P 46, r, 3).
59–62AA1.	(Repealed)
62AAA.	Items, etc in a bill of costs (P 52, r 49 (1)).
62AB.	Undertaking to pay disbursement (P 52, r 49 (3A)).
62AC.	Notice to file objections to bill of costs (P 52, r 50A (3)).
62AD.	Notice of objection to a bill (P 52, r 50A (5)).
62AE.	Certificate of taxation (P 52, r 50A (7)).
62B.	Request for appointment for hearing before taxing officer (P 52, r 50 (4) (ii)).
63.	Certificate of taxation (P 52, r 59).
64.	Statement of objection (to item of costs disallowed) (P 52, r 60).
64A.	Request for taxation or moderation (P 52, r 68 (8)).
64B.	Security for costs (P 53, r 3).
65.	Warrant for arrest (P 55, r 10).
66.	Warrant for committal (P 55, r 13).
67.	Notice of claim to Sheriff (interpleader) (P 56, r 5).
68.	Minute of order (registration of judgment) (P 59, r 4).
69.	Notice of registration of judgment (P 59, r 6).
69A, 69B.	(Repealed)
70.	Notice of Appeal from associate Judge (P 60, r 11 (1)).
	(The form prescribed under Pt 65 r 1 is Form 1).
70AA.	Oath of office (P 65C, rr 3 (4), 4 (4)).
70A.	Notice of intention to cease acting as solicitor (P 66, r 7 (2)).
71.	Writ of Habeas Corpus (s 69 (2)).
71A, 71B.	}	(Repealed)
71C.	Arbitrator’s award and Registrar’s notice to parties (P 72B, r 3 (1)).
71D.	Arbitrator’s reasons for award (P 72B, r 3 (2)).
71E.	Application for rehearing (P 72B, r 5 (1)).
72–74.	(Repealed)
74AA.	Subpoena to a natural person: criminal proceedings (P 75, r 2 (q)).
74AB.	Subpoena to a corporation for production and for its proper officer to answer questions concerning possession etc of documents: criminal proceedings (P 75, r 2 (q)).
74AC.	Subpoena to give evidence: criminal proceedings (P 75, r 2 (q)).
74AD.	Subpoena for production and to give evidence: criminal proceedings (P 75, r 2 (q)).
74AE.	Form of indictment (P 75, r 3D (1)).
74AF.	Application to the Supreme Court or the Court of Criminal Appeal for variation of bail (P 75, r 3E (c)).
74AG.	Application to the Supreme Court or the Court of Criminal Appeal for bail (P 75, r 3E (d)).
74AH.	Acceptable person—Information form (P 75, r 3F).
74AHA.	Objection to confirmation of forfeiture order by the Supreme Court or the Court of Criminal Appeal (p 75, r 3FA).
74AHB.	Application to set aside forfeiture order by the Supreme Court or the Court of Criminal Appeal (P 75, r 3FB).
74AI.	Application to the Supreme Court for an order that the hearing of an application in relation to bail be not conducted by video link (P 75, r 3G).
74AJ.	Election under s 132 (1) of the Criminal Procedure Act 1986 (P 75, r 3H (1)).
74AK.	Election under s 132 (5) of the Criminal Procedure Act 1986 (P 75, r 3H (1)).
74A.	Summons: Part 5 of Chapter 4 of theCriminal Procedure Act 1986 (P 75, r 7).
74B.	Minute of order: s 246 (1) (a), Criminal Procedure Act 1986 (P 75, r 8).
74C.	Minute of order: s 246 (1) (b), Criminal Procedure Act 1986 (P 75, r 8).
74D–89.	(Repealed)
89A.	Minute of order under section 21 (2) of the Status of Children Act 1996 (P 77, r 38).
89B.	Notice of claim for provision under the Family Provision Act 1982 (P 77, r 63).
89C.	(Repealed)
89D.	Defendant’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A).
89E.	Prosecution’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A).
89F.	Notice under 44 (2) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87B).
89G.	Certificate under section 85 (1) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87G).
89E.	Notice under s 24 of the Crimes (Confiscation of Profits) Act 1985 (P 77, r 86).
89H.	Order under s 3 (1) of the Restricted Premises Act 1943 (P 77, r 91).
89I.	Order under s 4 (1) or 14 (3) of the Restricted Premises Act 1943 (P 77, r 91).
89J.	Notice of declaration under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91).
89K.	Notice of rescission under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91).
89L.	Certificate under s 77F of the Victims Compensation Act 1996 (P 77, r 137A).
90.	Summons for probate, administration or resealing (P 77, r 8).
91.	Notice of intended application for probate (P 78, r 10).
92.	Notice of intended application for administration (P 78, r 10).
92A.	Notice of intended application for administration under s 41A of the Probate Act (P 78, r 10).
93.	Notice of intended application for resealing (P 77, r 10).
94.	Renunciation of probate (P 78, r 14).
95.	Affidavit of attesting witness (P 78, r 15).
96.	Inventory of Property (Forms 97, 98, 104, 106).
97.	Affidavit of executor (P 78, r 24).
98.	Affidavit of applicant for administration (P 78, rr 24A (1) (a), 25 (1) (a), 25A (2) (a)).
98A.	Affidavit showing deceased had no de facto spouse (P 78, r 24A (2) (c)).
99.	Affidavit showing deceased had no de facto spouse (P 78, r 25 (2) (f)).
99A– 100B.	(Repealed)
101.	Consent to administration (P 78, rr 24A, 25, 25A).
102.	Administration bond (P 78, rr 24A, 25, 26).
103.	Affidavit of surety (P 78, rr 24A, 25, 25A, 26, 34).
103A.	Affidavit relating to de facto relationship (P 78, r 25A (2) (e)).
103AA.	Affidavit relating to de facto relationships (P 78, r 25A (2) (d)).
103B.	Notice where the deceased leaves a de facto wife or de facto husband (P 78, r 25A (3) (b) (iv)).
104.	Affidavit of applicant for administration with the will annexed (P 78, r 26).
105.	Renunciation in favour of Public Trustee (P 78, r 26).
105A.	Affidavit of applicant for administration for the purposes of the Family Provision Act 1982 (P 78, r 26A).
106.	Affidavit of applicant for resealing (P 78, r 28).
106A.	Affidavit of additional assets (P 78, r 28A).
106B.	Consent to distribution of gift (P 78, r 34A).
106CA.	Consent to order (P 78, r 34A (1A)).
106C.	Notice of intention to distribute estate (P 78, r 34D).
106D.	Consent by affected person (P 78, r 34E (1)).
106E.	Notice to affected person (P 78, r 34E (1)).
106F.	Notice to affected person (P 78, r 34E (3)).
107.	(Repealed)
108.	Request for issue of citation (P 78, rr 46, 54).
109.	Citation to pray for administration (P 78, r 51).
110.	Answer to citation to pray for administration (P 78, r 51).
111.	Citation to take probate (P 78, r 52).
112.	Answer to citation to take probate (P 78, r 52).
113.	Citation to see proceedings (P 78, r 53).
114.	Caveat in respect of grant of probate or proof of will (P 78, rr 61, 62, 62A).
Form 115	Notice of withdrawal of caveat (P 78, r 64).
115A.	(Repealed)
116.	Notice of filing of accounts (P 78, r 76).
116A.	Notice of Intended Objection to Accounts or Commission or Accounts and Commission (P 78, r 77A).
117.	Acknowledgment under s 83 of the Probate Act (P 78, r 80).
118.	Notice of appointment of executor or administrator (P 78, r 90).
119.	Deed of appointment of executor or administrator (P 78, r 90).
120.	Notice of objection to appointment of executor or administrator (P 78, r 90).
121.	Notice of intended distribution of an estate under s 92 of the Probate Act, s 11 of the Testator’s Family Maintenance etc Act, and s 35 of the Family Provision Act (P 78, r 91, and P 77, rr 31, 69).
121A.	(Repealed)
122.	Petition: Parliamentary Electorates etc Act 1912 (P 79, r 8).
123.	Notice of filing petition: Parliamentary Electorates etc Act 1912 (P 79, r 9).
124.	Notice of reference: Parliamentary Electorates etc Act 1912 (P 79, r 31).
125.	Notice of application for reduction of capital and of list of creditors (P 80, r 9).
126.	Notice of application under ss 123 (5), 320 and 363 (1) of the Code (P 80, rr 9, 10, 18).
127.	Affidavit verifying list of creditors (P 80, r 10).
128.	Notice to creditors (P 80, r 10).
129.	Affidavit as to claims (P 80, r 10).
130.	Notice to creditors to prove debts (P 80, r 10).
131.	Summons under s 184 (3) of the Code (P 80, r 12).
132.	Summons claiming winding up order under the Code (P 80, r 18).
133.	Note of intention to appear on hearing (P 80, r 20).
134.	Notice relating to persons intending to appear on hearing (P 80, r 20).
135.	Minute of order substituting plaintiff in a winding up application (P 80, r 21).
135A.	Notice to liquidator of appointment (P 80, r 22A).
136.	Minute of winding up order (P 80, r 23).
136A.	Notice to provisional liquidator of appointment (P 80, r 26).
137.	Notice of appointment of provisional liquidator (P 80, r 26).
138.	Notice of winding up order (P 80, r 28).
139.	Certificate of liquidator of resolution of meeting (P 80, r 33).
140.	Report (P 80, rr 36, 52).
141.	Affidavit by special manager (P 80, r 38).
142.	Requirement by liquidator under s 384 (1) of the Code (P 80, r 40).
143.	Notice of meeting of committee of inspection: calls (P 80, r 41).
144.	Statement with notice of meeting of committee of inspection: calls (P 80, r 41).
145.	Notice of meeting of committee of inspection: calls (P 80, r 41).
146.	Resolution of committee of inspection: calls (P 80, r 41).
147.	Summons for leave to make a call (P 80, r 42).
148.	Affidavit: leave to make a call (P 80, r 42).
149.	Notice of application for leave to make a call (P 80, r 42).
150.	Minute of order: leave to make a call (P 80, r 42).
151.	Notice of amount of call per share (P 80, r 43).
152.	Notice of call sanctioned by committee of inspection (P 80, r 44).
153.	Notice of call permitted by leave of the Court (P 80, r 44).
154.	Minute of order under s 541 (3) of the Code for examination (P 80, r 63).
154A.	Summons under section 596A or 596B of the Corporations Law (P 80, r 1D (2)).
154BA.	Summons under section 1092 (3) of the Corporations Law (P 80A, r 4).
154B.	Notice of application under ss 167 (7), 168 (4), 172 (10), 190 (3), 194 (1), 195 (5), 197 (6), 198 (6), 411 (4) (b) and (6), 413 (1), 459A, or 461 of the Corporations Law (P 80A, r 10 (5)).
154C.	Notice of application for reduction of capital and of list of creditors (P 80A, r 13 (5) (a)).
154D.	Notice to creditors (P 80A, r 13 (5) (b)).
154E.	Affidavit verifying list of creditors (P 80A, r 13 (7)).
154FA.	Affidavit under s 459E of the Corporations Law (P 80A, r 15).
154FB.	Affidavit under s 459Q of the Corporations Law (P 80A, r 16).
154F.	Notice to liquidator (or provisional liquidator) of appointment (P 80A, r 20 (1) (a) (i)).
154G.	Notice of winding up order and appointment of liquidator (P 80A, r 20 (1) (b)).
154H.	Notice of appointment of provisional liquidator (P 80A, r 20 (1) (b)).
154I.	Notice of intention of liquidator (or provisional liquidator or receiver or administrator or special manager) to apply for determination of remuneration (P 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b)).
154J.	Report by liquidator (or as the case may be) (P 80A, rr 25, 31).
154K.	Affidavit by special manager verifying his accounts (P 80A, r 27).
154L.	Notice of intention of liquidator to seek release (P 80A, r 33 (3) (a) (i)).
154M.	Notice of intention of liquidator to seek release (P 80A, r 33 (3) (b)).
154N.	Summons to attend for examination under section 596A (or 596B) of the Corporations Law (P 80A, r 36 (6)).
155, 156.	(Repealed)
157.	Oath of office (P 82, rr 9, 7 (4)).
158.	Certification under section 198L of the Legal Profession Act 1987.
159–160.	(Repealed)

sch F: Ins 2.6.1972.

sch F (explanatory notes): Ins 2.6.1972. Am 23.12.1977; 16.1.1981; 22.10.1982; 18.12.1987; 25.2.1994; 23.5.1997; 19.2.1999; 24.4.2003; 2007 (446), Sch 1 [8].

Schedule G Costs

P 52, rr 67, 68.

Table 1

General

Appendix A

Statement of claim etc—

		$
1.	Drawing statement of claim	9.50
	or per folio	1.60
2.	Drawing summons	9.50
	or per folio	1.60
3.	Drawing and attending to obtain—
	(a) a subpoena to give evidence, including copy for service	6.50
	and for each additional witness	1.00
	(b) a subpoena for production or for production and to give evidence, including copy for service	6.50
	and per folio, for each folio excluding printed matter beyond three	1.60
4.	Writs of execution or other writs, including drawing and engrossing and all endorsements and copies for service and attending to issue	9.25
Service
5.	Service or attempted service by a solicitor or his employee or filing in lieu of service, where service by post is not authorised	3.75
6.	If at a distance beyond 3 kilometres from the nearest place of business of the solicitor serving a document, at the Scale under section 9 of the Sheriff Act 1900, except in special circumstances.
7.	Where a service by post or by leaving a copy of a document in an exchange box or at a document exchange under Part 9 rule 4 (1) (d) or by transmitting information in a document to a facsimile transmission number under Part 9 rule 4 (1) (e) is authorised	2.25
8.	Service by persons other than those specified in items 5, 6 and 7, discretionary, but not exceeding the amount payable under those items.
Appearances
9.	Preparing and filing notice of appearance (including copy for service)	5.75
10.	If entered at the one time for more than one person, for every defendant beyond the first	0.50
Preparing for hearing
11.	(Repealed)
Drawing
12.	Any document where no other provision is made, per folio or part	1.60
Copies
13.	Of any document, where no other provision is made—
	(a) typed or written, per folio	0.50
	(b) printed or carbon, per folio	0.25
	(c) photographed, per page, discretionary.
Perusal
14.	Of any document where no other provision is made, per folio	0.50
	or per hour	15.00
Attendance
15.	To file any document where not elsewhere included, to lodge any document for, or to pick up after signature, or any other attendance involving analogous work or any formal attendance	1.75
16.	To file or lodge any document which requires an appointment to be signed by a clerk in the registry or to get any consent order signed	2.25
17.	To settle any minute of order or judgment or obtain signature of a judge, associate Judge or officer of the Court to an order which is not consented to	3.75
	or per hour	15.00
18.	To search the list or for appearance or other document	1.75
19.	To pay money into Court (including filing any necessary document), or to bespeak payment out (including receiving cheque)	3.75
20.	To obtain consent of tutor	3.75
21.	To obtain or give any consent or undertaking	3.75
	or if by telephone	1.75
22.	To produce documents for inspection	3.75
	or if personal supervision necessary, per hour	15.00
	or if unqualified clerk attends, discretionary.
23.	To inspect documents	7.50
	or per hour	15.00
	or if unqualified clerk attends, discretionary.
	Any necessary clerical assistance, per hour	3.75
24.	To examine and sign admissions	5.50
	or per folio	1.25
25.	For collating necessary material for appeal papers; attendances on the printer, examining and general oversight of their proper preparation	11.00
	or per hour	15.00
26.	On deponent to swear an affidavit or for a solicitor or his clerk to swear an affidavit or such additional amount as the taxing officer thinks fit	3.75
27.	To mark annexure	0.25
28.	On counsel to deliver brief	1.75
29.	On counsel to appoint conference or consultation	1.75
30.	On conference or consultation with counsel, per hour	15.00
	or if unqualified clerk attends, discretionary.
31.	In Court instructing counsel on any hearing, per hour	15.00
	or if unqualified clerk attends, discretionary.
32.	For any short attendance in Court without counsel	7.50
33.	For any other attendance in Court on any hearing without counsel or for any attendance by a solicitor which involves a high degree of skill and responsibility, per hour	22.00
	or such additional amount as the taxing officer thinks fit.
34.	Clerk’s attendance, if in the opinion of the taxing officer, his attendance was reasonably necessary in view of the number of witnesses expected to be called on any day, per day	15.00
35.	To hear reserved judgment	7.50
	or per hour	15.00
	or if unqualified clerk attends, discretionary.
36.	To tax a bill of costs	5.50
	or per hour	15.00
	or if unqualified clerk attends, discretionary.
37.	To bespeak and obtain a transcript copy of evidence, judgment, copy of the jury panel or any other necessary document	3.75
38.	Any telephone attendance	1.75
	or such additional amount as the taxing officer thinks fit.
39.	Attendance where no other provision is made	3.75
	or per hour	15.00
	or if unqualified clerk attends, discretionary.
Travelling and Waiting
40.	For each day of not less than six hours employed in travelling or in waiting (plus reasonable travelling expenses and sustenance)	90.00
	Where less time than six hours is so employed, per hour	15.00
	or for an unqualified clerk, discretionary.
Letters
40A.	Where no other provision is made—
	(a) ordinary	2.75
	(b) short formal	1.75
	(c) circular after the first	0.75
	(d) others discretionary.
41.	Skill, care and responsibility, discretionary.
Companies Act 1961 and Companies (New South Wales) Code—
Winding up proceedings
41A.	For work done for the applicant in proceedings in a winding up by the Court under the Companies Act 1961 or Companies (New South Wales) Code—
	(a) in respect of an application for an order appointing a provisional liquidator, up to and including lodgment and delivery of a copy of the order under Rule 50 (3) of the Companies Rules 1968 or delivery of an office copy of the order under Part 80 rule 26,
	(i) where counsel does not appear on the hearing	130.00
	(ii) where counsel appears on the hearing	115.00
	(b) in respect of an application for an order appointing a liquidator, but not in respect of an application for an order appointing a provisional liquidator, up to and including lodgment, service and delivery of a copy of the order under Rule 54 of the Companies Rules 1968 or lodgment, service and delivery of an office copy of the order under section 370 (2) of the Companies (New South Wales) Code,
	(i) where counsel does not appear on the hearing	240.00
	(ii) where counsel appears on the hearing	215.00

Appendix B

Business Done After 8 February 1974

In respect of business done after 8 February 1974, and on or before 1 August 1975, the costs in Appendix A shall be increased by 36 per cent.

Appendix C

Business Done After 1 August 1975

In respect of business done after 1 August 1975 and on or before 23 September 1977 the costs in Appendix A shall be increased by 80 per cent.

Appendix D

Business Done After 23 September 1977

In respect of business done after 23 September 1977 and on or before 31 October 1980 the costs in Appendix A shall be increased by 110 per cent.

Appendix E

Business done after 31 October 1980

In respect of business done after 31 October 1980 and on or before 16 April 1982 the costs in Appendix A shall be increased by 160 per cent.

Appendix F

Business done after 16 April 1982

In respect of business done after 16 April 1982 and on or before 31 December 1983 the costs in Appendix A shall be increased by 225 per cent.

Appendix G

Business done after 31 December 1983

In respect of business done after 31 December 1983 the costs in Appendix A shall be increased by 294 per cent.

Table 2

Fixed costs

		Higher scale $	Lower scale $
42.	Under Part 7 rule 4 (money claim)	182	91
43.	Under Part 52 rule 10 where judgment is entered under Part 17 (except where item 44 applies) in default of appearance or of defence or of verification of defence	253	127
44.	Under Part 52 rule 10 where judgment for possession of land is entered under Part 17 in default of appearance or of defence	326	-
45.	Amount to be allowed where a solicitor is the plaintiff and acts for himself or where a member of his firm acts for him, instead of the amounts fixed by item 42	127	64
	and instead of the amounts fixed by item 43	199	100
	and instead of the amounts fixed by item 44	271	-
46.	Amount to be added where an order under Part 10 rule 2, for leave to proceed has been obtained	40	21
47.	Amount to be allowed on a writ of execution	91	46
47A.	Amount to be allowed on a writ of possession after the first	122	-

NOTE—

In this Table—

(a) “Higher scale” means the amount payable apart from Part 52 rule 24 (3),

(b) “Lower scale” means the amount payable where Part 52 rule 24 (3) (d) applies,

(c) the amounts allowed in items 42–45 include out of pocket expenses, other than those properly paid for filing the originating process, which fee must be added to those amounts,

(d) the amounts allowed in items 47 and 47A include out of pocket expenses, other than the fees properly paid for service or execution of the writ, but not in excess of the scale under section 9 of the Sheriff Act 1900, which fees must be added to those amounts.

The costs mentioned in items 42–46 apply in respect of proceedings commenced after 31 December 1983.

The costs mentioned in items 47 and 47A apply in respect of a writ issued after 31 December 1983.

Table 3

Allowances to Witnesses

		$
48.	Barristers, solicitors, medical practitioners, surveyors, architects, accountants, pharmacists and other professional persons	76
	or per hour	56
49.	Whenever the persons mentioned in Item 48 are called to give expert evidence and not evidence of fact—
	(a) to give expert evidence, including travelling to Court, where period from departure from home, hospital, place of practice, office, place of employment or other place to return thereto from attendance at Court does not exceed one and a half hours	116
	(b) for every full hour after the first half hour, or a proportion thereof if not for a full hour	56
	(c) the amounts payable under (a) and (b) above shall not exceed a total of $462 per day.
50.	Travelling and other allowances— (a) payment to be made at the rate of 70 cents per kilometre one way after the first kilometre up to and including 80 kilometres, (b) exceeding 80 kilometres—the reasonable cost thereof plus the cost of reasonable accommodation and meals.
51.	Other witnesses:
	Such allowance as is commensurate with the witness’s remuneration or circumstances but not exceeding the allowances provided by the preceding three items.
52.	Such additional sum as is reasonable for travelling expenses and sustenance and in cases where accommodation is required such further sum as having regard to all the circumstances is reasonable and has been paid in respect thereof.
53.	The taxing officer may also allow such amount as he thinks has been reasonably and properly incurred and paid to witnesses for qualifying to give skilled evidence.

Table 4

Medical examinations and reports

		$
54.	(a) report made by an attending general practitioner—
	(i) where a re-examination of a patient is not required	32
	(ii) where a re-examination of a patient is required	58
	(b) report made by an attending specialist—
	(i) where a re-examination of a patient is not required	48
	(ii) where a re-examination of a patient is required	80
	(c) report made by a specialist who has not previously treated the patient—
	(i) where an examination is not required	58
	(ii) where an examination is required	97
	(d) attending a joint examination (including travelling time where the distance does not exceed 8 kilometres)—
	(i) as examining practitioner (including provision of report)	116
	(ii) as non-examining practitioner when the examination is conducted by another practitioner	48
	(iii) provision of report by non-examining practitioner (see (ii) above)	48
	or, in respect of this Table, such higher amount as the taxing officer thinks fit.

Table 5

Probate

55.	In respect of proceedings commenced after 23 December 1977, in respect of the estates of persons who died before 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration (including satisfying any requisition made by the Commissioner of Stamp Duties after the date of grant, the perusal and checking of the assessment of duty and the payment of duty under the Stamp Duties Act 1920 and all work and attendances incidental to these matters including the uplifting of the grant) shall be allowed in accordance with the scale below.
		Costs allowed $
Gross value of the estate as accepted by the Commissioner of Stamp Duties
	not exceeding $1,000	80
	exceeding $1,000 but not exceeding $2,000	100
	exceeding $2,000 but not exceeding $4,000	120
	exceeding $4,000 but not exceeding $6,000	155
	exceeding $6,000 but not exceeding $8,000	170
	exceeding $8,000 but not exceeding $10,000	190
	exceeding $10,000 but not exceeding $12,000	215
	exceeding $12,000 but not exceeding $14,000	250
	exceeding $14,000 but not exceeding $16,000	290
	exceeding $16,000 but not exceeding $18,000	330
	exceeding $18,000 but not exceeding $20,000	390
	and thereafter at the rate of $15.60 for each $2,000 in excess of $20,000 and a maximum of $4,134 costs.
55A.	In respect of the estates of persons who die on or after 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration and costs of and incident to the disclosure of assets and liabilities under section 81A (1) and (2) of the Wills, Probate and Administration Act 1898 and the uplifting of documents issued under section 91 (2) of that Act shall be allowed in accordance with the scale below—
	Disclosed value of assets $	Costs allowed $
	not exceeding 7,500	250
	exceeding 7,500 but not exceeding 15,000	375
	exceeding 15,000 but not exceeding 25,000	435
	exceeding 25,000 but not exceeding 40,000	500
	exceeding 40,000 but not exceeding 55,000	565
	exceeding 55,000 but not exceeding 70,000	630
	exceeding 70,000 but not exceeding 85,000	695
	exceeding 85,000 but not exceeding 100,000	760
	exceeding 100,000 but not exceeding 125,000	855
	exceeding 125,000 but not exceeding 150,000	950
	exceeding 150,000 but not exceeding 175,000	1,045
	exceeding 175,000 but not exceeding 200,000	1,140
	exceeding 200,000 but not exceeding 250,000	1,300
	exceeding 250,000 but not exceeding 300,000	1,460
	exceeding 300,000 but not exceeding 400,000	1,680
	exceeding 400,000 but not exceeding 500,000	1,900
	exceeding 500,000	2,100
56.	In respect of proceedings commenced after 23 December 1977, costs of and incident to the obtaining of any grant or resealing after the first up to and including the uplifting of the probate or letters of administration so granted or resealed shall be allowed in accordance with the scale below.
	Value of the assets remaining to be administered at the time of application for the grant	Costs allowed $
	not exceeding $1,000	80
	exceeding $1,000 but not exceeding $2,000	100
	exceeding $2,000 but not exceeding $4,000	120
	exceeding $4,000 but not exceeding $6,000	155
	exceeding $6,000 but not exceeding $8,000	170
	exceeding $8,000 but not exceeding $10,000	190
	exceeding $10,000 but not exceeding $12,000	215
	exceeding $12,000 but not exceeding $14,000	235
	exceeding $14,000 but not exceeding $16,000	250
	exceeding $16,000 but not exceeding $18,000	270
	exceeding $18,000 but not exceeding $20,000	295
	and thereafter at the rate of $4 for each $2,000 in excess of $20,000 and a maximum of $1,255 costs.

Table 6

Miscellaneous

57– 58A.	(Repealed)
58.	The prescribed amount under Part 52 rule 69 (1) (adoption application) shall be $460 plus disbursements (including counsel’s fees and registration fees, if any).
59.	The prescribed amount under Part 52 rule 70 (obtaining certificate of judgment) shall be $264.
60, 61.	(Repealed)

sch G: Ins 7.7.1972.

sch G, tbl 1: Ins 7.7.1972. Am 11.1.1974; 1.8.1975; 23.7.1976; 23.9.1977; 21.10.1977; 21.12.1979; 24.10.1980; 16.4.1982; 30.6.1982; 22.10.1982; 19.8.1983; 23.12.1983; 26.9.1986; 20.10.1989.

sch G, tbl 2: Ins 7.7.1972. Am 28.9.1973; 21.12.1973. Subst 11.1.1974. Am 1.8.1975; 5.12.1975; 17.12.1976; 23.9.1977; 28.4.1978. Subst 24.10.1980; 16.4.1982. Am 13.5.1983; 23.12.1983; 1.10.2004.

sch G, tbl 3: Ins 7.7.1972. Am 22.3.1974; 1.8.1975; 23.9.1977; 24.10.1980; 24.7.1981; 16.4.1982; 23.12.1983.

sch G, tbl 4: Ins 7.7.1972. Am 6.9.1974; 23.9.1977; 24.10.1980; 16.4.1982; 23.12.1983.

sch G, tbl 5: Ins 7.7.1972. Subst 22.3.1974; 23.12.1977. Am 16.4.1982.

sch G, tbl 6: Ins 7.7.1972. Am 5.10.1973; 22.3.1974; 6.9.1974; 1.8.1975; 5.12.1975; 26.3.1976; 23.9.1977; 30.5.1980; 24.10.1980; 16.4.1982; 23.12.1983; 29.6.1984; 27.6.1986 (see erratum 18.7.1986); 20.3.1987; 2.12.1988; 20.10.1989; 6.3.1992.

sch G1: Ins 6.3.1992 (see errata 7.8.1992). Am 26.2.1993. Subst 23.2.2001. Am 26.3.2004.

Schedule G1

(P 37, rr 3A (1) (b), 7A (4)

P 46, r 6 (2) (a)

P 77, r 102)

		$
2	Amount prescribed under Part 36 rule 13BC (2) (medical expert producing photocopies)	36.00
3	Amount prescribed under Part 46 rule 6 (2) (a) (costs of garnishee)	25.00
5	Fees prescribed under Part 77 rule 102 (fees chargeable by a person authorised under section 27 (2) of the Oaths Act 1900):
	(a) for each oath	4.00
	(b) or, if not at the office of the person so authorised	4.90
	(c) or, if more than 5 kilometres from the office of the person so authorised, in addition to travelling expenses	18.90
	(d) for marking any annexure or exhibit	1.60
	(e) for attesting any document	4.00
6	Amount prescribed under Part 36 rule 13BA (1)	214.00

The above items include a GST component and section 6 of the Intergovernmental Agreement Implementation (GST) Act 2000 does not apply to them.

Schedules H, I (Repealed)

sch H: Ins 24.8.1973. Rep 2005 (407), Sch 1 [162].

Schedule J Procedure under various Acts

(Part 12, rule 1A)

Part 1 Acts of New South Wales

Family Provision Act 1982

1 Commencement of proceedings

Proceedings in the Court on an application for relief under the Act must be commenced by summons.

2 Additions to title

A summons in proceedings for relief under the Act must bear, above the title, the words “Estate of”, the full name of the deceased person and the words “deceased and the Family Provision Act 1982”.

3 Search in index

Any person may, on payment of the fee (if any) fixed under the Act, search in the index kept in the registry against the name of the deceased person in relation to whom any application for an order under the Act has been made.

4 Extension of time for application for provision

A claim for an order under section 16 (2) or (5) may be included in a claim for an order under section 7.

5 Affidavit of administrator

(1) In proceedings for an order under section 7, the administrator must make an affidavit setting out the following:
(a)  the nature and value of the assets and liabilities at the date of death,
(b)  what is or is likely to be the nature and value of:
(i)  any distributed estate, and
(ii)  the net distributable estate,
(c)  what is the nature and value of any property which, in his or her opinion, is or may be the subject of any prescribed transaction,
(d)  the names and addresses of every person who, in his or her opinion, is or may be:
(i)  an eligible person (designating as a person under legal incapacity any eligible person who, in his or her opinion, is or may be a person under legal incapacity), or
(ii)  a person beneficially entitled to the distributable estate, or
(iii)  a disponee, within the meaning of section 21, or
(iv)  a person holding property as a result of a distribution from the estate,
(e)  the persons to whom notice was given under clause 9 (2).
(2) The affidavit mentioned in subclause (1) must be served within a reasonable time after service of the originating process.

6 Parties

(1) In proceedings on an application by summons for an order under section 7 or 16 (2) or (5), the summons must, subject to subclause (2), join as a defendant every administrator.
(2) The summons must not join as a defendant:
(a) any person, if any plaintiff is the sole administrator, or
(b) any person, if there is sufficient reason for not doing so.

7 Directions as to parties and service

(1) Despite clause 6, the Court may, at any stage of the proceedings, direct that any person be added as a party or substituted for another party or a former party or that notice of the proceedings be served on any person in addition to or instead of the defendant.
(2) Subclause (1) does not affect the powers of the Court under Part 7 of the Uniform Civil Procedure Rules 2005 in relation to the joinder of parties.

8 Representative orders

Rule 7.6 of the Uniform Civil Procedure Rules 2005 applies to proceedings under the Act as it applies to proceedings mentioned in subrule (1) of that rule.

9 Notice to eligible persons

(1) The plaintiff claiming an order under section 7 must, unless he or she is the administrator, when serving the summons, also serve a notice on the administrator showing who, in his or her opinion, is or may be an eligible person (designating as a person under legal incapacity any eligible person who, in his or her opinion, is or may be a person under legal incapacity).
(2) The administrator must serve a notice in Form 89B on the following:
(a)  the surviving spouse (if any) of the deceased person,
(b)  every child of the deceased person,
(c)  every person not mentioned in paragraph (a) or (b) who is entitled to share in the distributable estate of the deceased person,
(d)  any person mentioned by the plaintiff in his or her notice served under subclause (1) and not mentioned in paragraph (a), (b) or (c),
(e)  any other person who, in his or her opinion, is or may be an eligible person.

10 Additional provision

An application for an order under section 8 (which section relates to the making of additional provision) must be made by motion in the proceedings for the order under section 7.

11 Certified copies of orders

(1) If an order is made under section 7 (not being an interim order), 8, 19 (2) or (3) or 30, an administrator must, unless the Court otherwise orders, within the time prescribed by subclause (2), lodge in the registry:
(a)  the probate, letters of administration or copy of election, as the case may require, bearing a copy of the minute of order, and
(b)  a copy of the minute of order.
(2) The time prescribed for the purpose of subclause (1) is:
(a)  if an administrator is a defendant—14 days after the date of service of an office copy of the minute of order on him or her, and
(b)  in any other case—28 days after the order is entered.
(3) The registrar must, unless the Court otherwise orders:
(a)  certify on each copy that it is a true copy of the minute of order, and
(b)  send the copy mentioned in subclause (1) (b) to the Registrar in Probate.

12 Revocation etc of order for provision

An application for an order under section 19 (2) must be made by motion in the proceedings for the order under section 7.

13 Discharge of property from liability

An application for an order under section 30 (1) or (2) must be made by motion in the proceedings in which the order for provision has been, or is proposed to be, made.

14 Revocation of release

An application for an order under section 31 (8) or (9) must be made by motion in the proceedings for the order under section 31 (6).

15 Notice of intended distribution

(1) A notice under section 35 must be published:
(a) if the deceased person was resident at the date of the deceased person’s death in the State—in a newspaper circulating in the district where the deceased person resided, or
(b) otherwise—in a Sydney daily newspaper,
and must be served on all persons of whose intention to bring an application under the Act the administrator has notice.
(2) The notice may be in or to the effect of Form 121.

Testator’s Family Maintenance and Guardianship of Infants Act 1916

1 Commencement of proceedings

(1) The summons commencing proceedings under the Act may state an appointment for hearing.
(2) The summons must bear, above the title, the words “Estate of”, the full name of the deceased person and the words “deceased and the Testator’s Family Maintenance, etc Act 1916”.

2 Parties

(1) This clause applies to proceedings for an order under section 3 or 5 (2A).
(2) In proceedings to which this clause applies, subject to subclause (3), the summons must join as a defendant every executor or administrator.
(3) The summons must not join as a defendant:
(a)  any person, if any plaintiff is the sole executor or administrator, or
(b)  an executor or administrator who is a plaintiff, or
(c)  any person, if there is sufficient reason for not doing so.

3 Extension of time for application

A claim for an order under section 5 (2A) may be included in the summons claiming an order under section 3.

4 Affidavit of executor

(1) In proceedings for an order under section 3, the executor or administrator, as the case may be, must make an affidavit setting out:
(a)  the nature and value of the assets and liabilities at the date of death, and
(b)  what is or is likely to be the nature and net amount of the distributable estate, and
(c)  such information as is available to the deponent as to the family of the deceased, and
(d)  the person beneficially entitled.
(2) The affidavit mentioned in subclause (1) must be served within a reasonable time after service of the summons commencing the proceedings.

5 Additional provision

An application for an order under section 6A (which section relates to the making of additional provision) may be made by motion in the proceedings for an order under section 3.

6 Directions as to parties and service

(1) The Court may, at any stage of the proceedings to which these clauses apply, direct that any person be added as a party or substituted for another party or a former party or that notice of the proceedings be served on any person in addition to or instead of the defendant.
(2) Subclause (1) does not affect the powers of the Court under Part 7 of the Uniform Civil Procedure Rules 2005 in relation to the joinder of parties.

7 Representative orders

Rule 7.6 of the Uniform Civil Procedure Rules 2005 applies to proceedings under the Act as it applies to proceedings mentioned in subrule (1) of that rule.

8 Certified copies of order

(1) The Court may, but need not, make any direction or requirement under section 6 (3).
(2) Unless the Court otherwise orders, in every case in which provision is made under the Act, a certified copy of the minute of the order making the provision must be made on the probate, the letters of administration, or a copy of an election under section 18A of the Public Trustee Act 1913, whichever is appropriate.
(3) Unless the Court otherwise orders, an executor or administrator must, within the time prescribed by subclause (4), lodge in the registry:
(a)  the probate, the letters of administration or the copy of the election, as the case may require, bearing a copy of the minute of order, and
(b)  a copy of the minute of order.
(4) The time prescribed for the purpose of subclause (3) is:
(a)  if an executor or administrator is a defendant—14 days after the date of service of an office copy of the minute of order on the defendant, and
(b)  in any other case—28 days after the order is entered.
(5) The registrar must:
(a)  certify on each copy that it is a true copy of the minute of order, and
(b)  send the copy mentioned in subclause (3) (b) to the Registrar in Probate.

9 Notice of intended distribution

A notice under section 11 may be in or to the effect of Form 121.

Part 2

(Repealed)

sch J: Ins 24.8.1990. Am 15.2.1991; 16.8.1991; 21.2.1992; 21.8.1992; 20.8.1993; 24.2.1995; 21.2.1997; 22.8.1997; 21.8.1998; 25.2.2000; 25.8.2000; 31.8.2001; 1.3.2002. Subst 2005 (407), Sch 1 [163]. Am 2006 (138), Sch 1; 2008 (339), cl 2.

Schedule K (Repealed)

sch K: Ins 28.1.2000. Rep 2005 (407), Sch 1 [163].

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Supreme Court Rules 1970

Seal	Wording	Custody
General seal of the Court.	Supreme Court of New South Wales.	Prothonotary.
Seal of the Court of Appeal.	Supreme Court of New South Wales: Court of Appeal.	Registrar of the Court of Appeal.
Seal of each Division.	Supreme Court of New South Wales: (name of the Division).	Registrar of the Division.

Column 1	Column 2
Provision	Description
73	Cancellation or alteration of the objects or powers of a company.
118	Confirmation of issue of shares at a discount.
122 (1)	Validation of issue or allotment of shares.
123 (5)	Confirmation of reduction of capital.
125 (4)	Cancellation, etc of variation or abrogation of rights of holders of special classes of shares.
133	Approving payment of interest out of capital
175 (5)	Confirmation of resolution to wind up scheme.

	$
Amount owing at the time of commencement of proceedings:
[Explain any discrepancy between this amount and the amount claimed in the statement of claim]
[If applicable Interest accrued from the date of commencement of proceedings to the date hereof:
Give particulars of the rate of interest, the amount on which it is charged and the period during which it is charged]
[Give date and amount of any payment made or credit accrued, since the commencement of proceedings, that reduces the amount for which judgment is sought and deduct it from the total]
TOTAL	(total)

Date	Name of creditor, etc.	Description of liability	Estimated or known amount
			Secured	Unsecured
(date liability incurred eg 3-8-93) (date)	(name) (name)	(description) (description)	$ (amount) (total)	$ (amount) (total)