High Court Rules 1952 - Legislation

High Court Rules 1952Statutory Rules 1952 No. 23 as amended

made under the

Judiciary Act 1903

This compilation was prepared on 17 September 2001taking into account amendments up to SR 2001 No. 243

This document has been split into two volumesVolume 1 contains Order 1-Order 44Volume 2 contains Order 45-Order 73, the Schedules and the NotesEach volume has its own table of contents

Prepared by the Office of Legislative Drafting,Attorney-General’s Department, Canberra

iii High Court Rules 1952

Execution Order 45

General I

Rule 2

High Court Rules 1952 213

Order 45 Execution

I General

1 Execution to issue within 6 years

As between the original parties to a judgment or order,execution may issue at any time within six years from therecovery of the judgment or the date of the order.

2 Leave to issue execution in certain cases

(1) Where:(a) six years have elapsed since the judgment or date of the

order, or a change has taken place by death or otherwise inthe parties entitled or liable to execution;

(b) a husband is entitled or liable to execution upon ajudgment or order for or against his wife;

(c) a party is entitled to execution upon a judgment of assetsin futuro; or

(d) a party is entitled to execution against any shareholders ofa company upon a judgment recorded against thecompany, or against a public officer or other personrepresenting the company;

the party alleging himself to be entitled to execution may applyon summons to the Court or a Justice for leave to issueexecution accordingly.

(2) The Court or Justice may:(a) if satisfied that the party so applying is entitled to issue

execution, make an order to that effect; or(b) order that an issue or question necessary to determine the

rights of the parties shall be tried in a way in which anissue or question may be tried;

and impose such terms as to costs or otherwise as are just.

Order 45 Execution

I General

Rule 3

214 High Court Rules 1952

3 Orders enforceable like judgments

An order of the Court or a Justice in a proceeding may beenforced against all persons bound by the order in the samemanner as a judgment to the same effect.

4 Court may order act to be done at expense of partyrefusing

(1) If a mandamus, a mandatory order, an injunction or a judgmentfor the specific performance of a contract is not complied with,the Court or a Justice, whether or not proceedings for contempthave been taken against the disobedient party, may direct thatthe act required to be done may be done so far as practicable bythe party by whom the judgment or order has been obtained, orby another person appointed by the Court or Justice, at the costof the disobedient party.

(2) Upon the act being done, the expenses incurred may beascertained in such manner as the Court or a Justice directs andexecution may issue for the amount so ascertained and costs.

5 Enforcing judgment or order against corporation

Where a judgment or order against a corporation is wilfullydisobeyed, it may, by leave of the Court or a Justice, beenforced by sequestration against the corporate property, byattachment against the directors or other officers of thecorporation or by writ of sequestration against their property.

6 Enforcing award

An award may, with the leave of the Court or a Justice, and onsuch terms as are just, be enforced at any time though the timefor moving to set it aside has not elapsed.

Execution Order 45

Discovery in aid of execution II

Rule 9


7 No proceeding by audita querela

A proceeding by audita querela shall not be used, but a partyagainst whom judgment has been given may apply to the Courtor a Justice for a stay of execution or other relief against thejudgment upon the ground of facts which have arisen too late tobe pleaded, and the Court or Justice may give such relief, andupon such terms, as are just.

II Discovery in aid of execution

8 Examination of judgment debtor as to debts owing tohim

(1) When a judgment or order is for the recovery or payment ofmoney, the party entitled to enforce it may apply ex parte to theCourt or a Justice for an order that:(a) the debtor liable under the judgment or order; or(b) in the case of a corporation or other body of persons

empowered by a law to sue or be sued (whether in its ownname or in the name of an officer or other person), anofficer of that corporation or other body;

attend and be orally examined before a Justice or an officer ofthe Court as to:(c) whether any and what debts are owing to the debtor; and(d) whether the debtor has any and what other property or

means of satisfying the judgment or order.

(2) The Court or Justice may make an order for the attendance andthe examination of the debtor, or of any other person, and forthe production or impounding of any books or documents.

9 Difficulty in enforcing judgment

Where, in the case of a judgment or order, other than ajudgment or order for the recovery or payment of money, adifficulty arises in or about its execution or enforcement, aparty interested may apply to the Court or a Justice for, and theCourt or Justice on that application may make, such order for

Order 45 Execution

III Attachment and committal

Rule 10


the attendance and examination of a party or other person, orotherwise, as is just, for giving effect to the judgment or order.

10 Impounded documents

(1) Subject to the next succeeding subrule, impounded documentsshall not be delivered out of the custody of the Court exceptupon an order made on motion in open Court, and inspection ofimpounded documents shall not be permitted except upon awritten order of the Court or Justice upon whose order theywere impounded.

(2) Impounded documents in the custody of the Court shall, uponthe request in writing of the Attorney-General, the Solicitor-General or the Australian Government Solicitor, be given intothe custody of the person so requesting.

11 Examination before Registrar

(1) The examination referred to in rules 8 and 9 of this Order maybe ordered to take place before the Principal or a DistrictRegistrar.

(2) A difficulty that arises in the course of such an examinationmay be referred to a Justice for determination or direction, andhe may determine the difficulty or give such directions as hedeems fit.

(3) When the examination takes place before a Registrar, the costsof the application for the examination and of the examination,and of any proceedings arising from or incidential to theexamination, are in the discretion of the Court or Justicemaking the order, and may be dealt with by it or him eitherbefore or after the examination.

III Attachment and committal

12 For performance of an act

A judgment or order for the payment of money into Court, orfor the performance of a judgment, order or writ by which a

Execution Order 45

Attachment and committal III

Rule 16


person is required to do an act, other than the payment ofmoney to some person, may be enforced by writ of attachment.

13 Judgment to abstain from an act

A judgment or order requiring a person to abstain from doingan act may be enforced by committal.

14 Application for leave to issue writ of attachment

A writ of attachment shall not be issued without the leave ofthe Court or a Justice, and the leave shall be applied for bymotion on notice to the party against whom the attachment is tobe issued.

15 Court may make peremptory order before issue ofwrit

In the case of non-performance of an undertaking given to theCourt or a Justice, the Court or a Justice may, in the firstinstance, instead of directing the issue of a writ of attachmentor ordering committal, make a peremptory order for theperformance of the act undertaken to be done.

16 Order 56 to apply

The provisions of Order 56 (other than rule 1 of that Order)relating to committal for contempt of Court apply in the case ofapplications for attachment or committal for disobedience tojudgments or orders, or for failure to perform or observe suchan undertaking as is mentioned in the last preceding rule.

Order 46 Attachment of debts

Rule 1



1 Order for attachment of debts

(1) A Registrar may:(a) upon the ex parte application of a person who has obtained

a judgment or order for the recovery or payment of money,either before or after an oral examination of the debtorliable under that judgment or order; and

(b) upon affidavit by that person or his solicitor, or by anotherperson who can swear to the facts, stating:(i) that the judgment has been recovered or the order

made;(ii) that the judgment or order is still unsatisfied, and to

what amount; and(iii) either that in fact or that according to a statement

made by the debtor upon his oral examination orotherwise another person is indebted to the debtor,either alone or jointly with another person, and iswithin the Commonwealth;

issue a summons calling on that other person to shew causewhy all debts owing or accruing from that other person (in thisOrder called the garnishee) to the debtor, whether alone orjointly with another person, should not be attached to answerthe judgment or order, together with the costs of the garnisheeproceedings.

(2) Upon the hearing of the summons, the Court or Justice mayorder that the garnishee shall pay to the person who hasobtained the judgment or order the debt due from him to thedebtor, or so much of that debt as is sufficient to satisfy thejudgment or order, together with the costs of the garnisheeproceedings.

(3) The summons shall be served on the garnishee or his solicitor,and, unless otherwise ordered, on the judgment debtor or hissolicitor, at least seven days before the day of hearing.

Attachment of debts Order 46

Rule 3


(4) Service on the judgment debtor may be made in mannerprovided by Order 62, rule 3:(a) at his address for service if he has appeared in the

proceeding and given an address for service;(b) on his solicitor if he has appeared by solicitor; or(c) if there has been no appearance, at his usual residence or

place of business, or in such other manner as the Court orJustice directs.

2 Service of summons to bind debts

Service on or notice to the garnishee of a summons issuedunder rule 1 of this Order binds in his hands all debts owing oraccruing from him to the debtor whether alone or jointly withanother person.

3 Garnishee order against a bank

Where:(a) the garnishee is the Commonwealth Bank of Australia, a

Savings Bank or a corporation which:(i) carries on in the Commonwealth the business of

banking; or(ii) as part of its ordinary trading operations receives

money on deposit on current account and advancesmoneys on overdrawn current account; and

(b) the debt is money held by that bank or corporation for thedeposit or current account respectively of the debtor(whether alone or jointly with another person);

the debt is bound by the summons only to the extent of a sumto be specified in the summons at the time of its issue, beingsuch sum as will be sufficient in the opinion of the Registrar toprovide for the payment of the amount of the judgment debt,interest and a reasonable sum for costs.


Rule 4


4 Execution against garnishee

(1) The garnishee may pay into Court the amount due from him tothe debtor (whether alone or jointly with another person) or anamount equal to the amount payable under the judgment ororder.

(2) If the garnishee does not do so and:(a) appears upon the hearing of the summons and does not

dispute the debt due, or claimed to be due, from him to thedebtor (whether alone or jointly with another person); or

(b) does not appear upon the hearing of the summons;

the Court or Justice may order execution to issue against him,and it may issue accordingly, without any previous writ orprocess, to levy the amount due from the garnishee to thedebtor, or so much of that amount as is sufficient to satisfy thejudgment or order, together with the costs of the garnisheeproceedings.

5 Trial of liability of garnishee

If the garnishee disputes his liability, the Court or a Justice maydetermine the question of his liability and may order thatexecution shall issue against him, or may order that an issue orquestion necessary for determining his liability be tried ordetermined in a manner in which an issue or question in anaction may be tried or determined.

6 Lien or claim of third person on debt

When, in proceedings to obtain an attachment of a debt, it issuggested by the garnishee, or otherwise appears, that the debtsought to be attached belongs or may belong to a third person,or that a third person has or may have an interest in or a lien orcharge upon it, the Court or a Justice may order that third partyto appear and state the nature and particulars of his claim uponthe debt.

Attachment of debts Order 46

Rule 9


7 Trial of claim of third person and order thereon or onnon-appearance

Where:(a) the Court or a Justice has heard the allegations of a third

person under an order made under the last preceding ruleand of any other person whom, by the same or asubsequent order, the Court or a Justice has ordered toappear; or

(b) the third person does not appear when ordered;

the Court or Justice may:(c) order execution to issue against the garnishee to levy the

amount due from the garnishee to the debtor (whetheralone or jointly with another person) or so much of thatamount as is sufficient to satisfy the judgment or order,together with costs of the garnishee proceedings;

(d) order an issue or question to be tried or determinedaccording to the preceding rules of this Order;

(e) bar the claim of the third person; or(f) make such other order as the Court or Justice thinks fit,

upon such terms, in all cases, with respect to the interest,lien or charge (if any) of the third person, and to costs, asthe Court or Justice thinks just and reasonable.

8 Payment by or execution on garnishee a validdischarge

Payment made by, or execution levied upon, the garnishee inproceedings under this Order is a valid discharge to him, asagainst the debtor liable under a judgment or order, to theextent of the amount paid or levied, notwithstanding that theproceeding may be afterwards set aside or the judgment ororder reversed.

9 Debt attachment book

(1) A debt attachment book shall be kept by the proper officer ineach Registry.


Rule 10


(2) In the debt attachment book entries shall be made of theattachment, and proceedings on the attachment, with names,dates and statements of the amount recovered, and otherwise.

(3) A copy of an entry in a debt attachment book may be taken by aperson upon an application to the proper officer of the Registryin which the entries have been made, and upon payment of theprescribed fee.

10 Costs of proceedings

(1) The costs of an application for an attachment of debts, and ofproceedings arising from or incidental to the application, are inthe discretion of the Court or a Justice.

(2) The costs of the judgment creditor shall, unless otherwisedirected, be retained out of the money recovered by him underthe garnishee order, and in priority to the amount of thejudgment debt.

(3) The Court or Justice may order the creditor to pay the costs ofthe garnishee and may allow him to add them to his own costsof the garnishee proceedings.

11 Refusal of order in certain cases

The Court or Justice may refuse to order the attachment of adebt where, from the smallness of the amount to be recoveredor of the debt sought to be attached or otherwise, the remedysought would be worthless or vexatious.

Charging orders and stop orders Order 47

Rule 1


Order 47 Charging orders and stoporders

1 Order charging funds in Court

(1) When a judgment debtor is the beneficial owner of, or has abeneficial interest in, any funds in Court, or the income arisingfrom those funds, the Court or a Justice, upon the application ofthe judgment creditor, may order that the funds or any of them,or the whole or a part of the judgment debtor’s interest in thefunds or income, shall stand charged with payment of thejudgment debt.

(2) The order shall, in the first instance, be an order to show causeonly and may be made ex parte.

(3) An order nisi or order absolute made under this rule shall beserved on the judgment debtor and on the Registrar of theRegistry in which the funds are.

(4) After service upon him of the order nisi, the judgment debtor isnot capable of making a valid disposition of any funds chargedby the order until the order is discharged.

(5) An attempted disposition contrary to the last preceding subruleis of no validity or effect against the judgment creditor.

(6) After service upon him of the order nisi, the Registrar shallhold the funds charged by the order to abide the order of theCourt or a Justice unless and until the order nisi is discharged.

(7) At or after the time of making the order absolute, the Court or aJustice, upon proof that the judgment debt or a part of thejudgment debt remains unsatisfied, may make such orders andgive such directions as are necessary to procure the satisfactionof the judgment debt, or a part of the judgment debt, out of thefunds charged by the order.

(8) The Court or a Justice may, at any time, upon the application ofthe judgment debtor or of a person interested, vary or dischargesuch an order nisi or order absolute.

Order 47 Charging orders and stop orders

Rule 2


(9) In this rule, funds or funds in Court means any money,government security or annuity, or other securities, includingshares, or a part of them, standing or to be placed to the creditof an account in the books of the Court.

2 Costs occasioned by stop orders

When:(a) any moneys or securities are in Court to the general credit

of a proceeding or to the account of a class of persons; and(b) an order is made to prevent the transfer or payment of the

moneys or securities, or a part of them, without notice tothe assignee of a person entitled in expectancy orotherwise to a share or portion of the moneys or securities;

the person by whom the order has been obtained is liable, at thediscretion of the Court or a Justice, to pay any costs, chargesand expenses which, by reason of the order having beenobtained, are occasioned to a party to the proceedings, or to aperson interested in those moneys or securities.

3 Service of application for stop order

A person moving on notice or taking out a summons for suchan order as is mentioned in the last preceding rule shall not berequired to serve the notice or summons upon the parties to theproceedings, or upon the persons interested in such parts of themoneys or securities as are not sought to be affected by theorder.

Proceedings by and against firms and persons carrying on business innames other than their own

Order 48

Rule 2


Order 48 Proceedings by and againstfirms and persons carrying onbusiness in names other thantheir own

1 Proceedings by and against firms within theCommonwealth

(1) Any two or more persons claiming, or alleged to be liable, asco-partners and carrying on business within the Commonwealthmay sue or be sued in the name of the firm in which thosepersons were co-partners at the time of the accruing of thecause of action.

(2) A party may, in such case, apply by summons to a Justice for astatement of the names and addresses of the persons who were,at the time of the accruing of the cause of action, co-partners inthe firm, to be furnished in such manner, and verified on oathor otherwise, as the Justice directs.

2 Disclosure of partners’ names

(1) When a writ or other originating process is sued out in thename of a firm, the plaintiffs or their solicitors shall, ondemand in writing by or on behalf of another party to theproceedings, forthwith declare in writing the names and placesof residence of the persons constituting the firm on whosebehalf the proceeding is commenced.

(2) If the plaintiffs or their solicitors fail to comply with thedemand, all proceedings may, upon an application for thatpurpose, be stayed upon such terms as the Court or a Justicedirects.

Order 48 Proceedings by and against firms and persons carrying on business innames other than their own

Rule 3


(3) When the names of the partners are declared, the proceedingshall continue in the same manner, and the same consequencesin all respects shall follow, as if they had been named as theplaintiffs in the writ or other originating process, but all theproceedings shall, nevertheless, continue in the name of thefirm.

3 Service

(1) Except in a case to which subrule (3) of this rule relates, whenpersons are sued as partners in the name of their firm under rule1 of this Order, the writ or other originating process shall beserved:(a) upon any one or more of the partners; or(b) at the principal place, within the Commonwealth, of the

business of the partnership, upon a person apparentlyhaving, at the time of service, the control or managementof the partnership business there.

(2) Subject to these rules, service in accordance with the lastpreceding subrule shall be deemed good service upon the firmso sued, whether any of the members of the firm are out of theCommonwealth or not, and leave to issue a writ or otheroriginating process against them is not necessary.

(3) Where a co-partnership has, to the knowledge of the plaintiff,been dissolved before the commencement of the proceeding,the writ of summons or other originating process shall beserved upon every person within the Commonwealth sought tobe made liable.

4 Notice, in what capacity served

(1) When a writ or other originating process is issued against afirm, and is served as directed by the last preceding rule, everyperson upon whom it is served shall be informed by notice inwriting, given at the time of the service, whether he is served:(a) as a partner;(b) as a person apparently having the control or management

of the partnership business; or


Order 48

Rule 7


(c) in both characters.

(2) In default of such notice, the person served shall be deemed tobe served as a partner.

5 Appearance of partners

When persons are sued as partners in the name of their firm,they shall appear individually in their own names, but allsubsequent proceedings shall, nevertheless, continue in thename of the firm.

6 No appearance except by partners

When a writ or other originating process is served under rule 3of this Order upon a person apparently having the control ormanagement of the partnership business, an appearance by himis not necessary unless he is a member of the firm sued.

7 Appearance under protest of person served aspartner

(1) When a person served as a partner under rule 3 of this Orderdenies that he was a partner, or liable as a partner at anymaterial time, he may enter an appearance which states that hedoes so as “a person served as a partner in the defendant firm,but who denies that he was a partner at any material time”.

(2) An appearance so entered shall, as long as it stands, be treatedas an appearance for the firm.

(3) Where an appearance to which this rule applies is entered:(a) the plaintiff may apply to set it aside on the ground that the

person entering it was a partner or liable as a partner, ormay leave that question to be determined at a later stage ofthe proceedings; or

(b) the person entering the appearance may apply to set asidethe service on him on the ground that he was not a partneror liable as a partner, or he may, at the proper time, delivera defence denying either or both:(i) his liability as a partner; or


Rule 8


(ii) the liability of the defendant firm in respect of theplaintiff’s claim.

(4) An order may, on the application of a party at any time, bemade that the questions as to the liability of the person servedand the liability of the defendant firm may be tried in suchmanner, and at such time or times, as the Court or a Justicethinks fit.

8 Execution of judgment against a firm

(1) When a judgment or order is against a firm, execution mayissue:(a) against any property of the partnership within the

Commonwealth; and(b) against a person:

(i) who has appeared in his own name under rule 5 orrule 6 of this Order;

(ii) who has admitted on the pleadings that he is apartner;

(iii) who has been adjudged to be a partner; or(iv) who has been individually served, as a partner, with

the writ of summons or other originating process,and has failed to appear.

(2) If the party who has obtained judgment or an order claims to beentitled to issue execution against another person as being amember of the firm, he may apply to the Court or a Justice forleave so to do, and the Court or Justice may:(a) if the liability is not disputed, give that leave; or(b) if the liability is disputed, order that the liability of that

other person be tried and determined in a manner in whichan issue or question may be tried and determined.

(3) Except as against property of the partnership, a judgmentagainst a firm does not render liable, release or otherwise affecta member of the firm who:(a) was out of the Commonwealth when the writ or other

originating process was issued; or


Order 48

Rule 11


(b) has not appeared to the writ or other originating process;

unless he has been:(c) made a party to the proceeding under Order 10; or(d) served within the Commonwealth after the writ or other

originating process in the proceeding was issued.

9 Attachment of debts owing from a firm

(1) A debt owing or accruing from a firm carrying on businesswithin the Commonwealth may be attached under Order 46,notwithstanding that one or more members of the firm may beresident abroad, if some person apparently having the controlor management of the partnership business, or some member ofthe firm within the Commonwealth, is served with thegarnishee order.

(2) An appearance by a member pursuant to a garnishee order is asufficient appearance by the firm.

10 Application of this Order to proceedings betweenco-partners

(1) The preceding rules of this Order apply to proceedings betweena firm and one or more of its members, and to proceedingsbetween firms having one or more members in common, if thefirm or firms carry on business within the Commonwealth.

(2) Execution shall not be issued in proceedings to which the lastpreceding subrule applies without leave of the Court or aJustice, and, on application for leave to issue execution, suchaccounts and inquiries may be directed to be taken and made,and such directions given, as is just.

11 Application of rules to person trading as firm

A person carrying on business within the Commonwealth in aname or style other than his own name may be sued in thatname or style as if it were a firm name, and, so far as the natureof the case will permit, the rules relating to proceedings againstfirms apply.


Rule 12


12 Proprietary club

For the purpose of this Order, the proprietors of anunincorporated proprietary club shall be deemed to be personscarrying on business in co-partnership, and may sue and besued in the name of the club which, for the purpose of thisOrder, shall be deemed to be a firm.

Interlocutory orders for injunctions, etc and receivers Order 49

Interlocutory orders for injunctions or preservation or management ofproperty etc

I

Rule 3


Order 49 Interlocutory orders forinjunctions, etc and receivers

I Interlocutory orders for injunctions orpreservation or management of property etc

1 Preservation or interim custody of subject-matter ofdisputed contract

When, by a contract, a prima facie case of liability isestablished, and there is alleged as matter of defence a right tobe relieved wholly or partially from the liability, the Court or aJustice may make an order for the preservation or interimcustody of the subject-matter of the litigation, or may order thatthe amount in dispute be brought into court or otherwisesecured.

2 Order for sale of perishable goods etc

(1) The Court or a Justice may, on the application of a party, makean order for the sale, by a person or persons named in the order,and in such manner and on such terms as the Court or Justicethinks desirable, of:(a) any goods, wares or merchandise of a perishable nature;(b) any shares or securities which appear likely to depreciate

in value; or(c) any personal property whatever which, for any just and

sufficient reason, it is desirable to sell at once.

(2) This rule applies to goods, wares, merchandise, shares andsecurities which are the subject of a proceeding or as to which aquestion arises in a proceeding.

3 Detention, preservation or inspection of property

(1) The Court or a Justice may, upon the application of a party, andupon such terms as are just:

Order 49 Interlocutory orders for injunctions, etc and receivers

I Interlocutory orders for injunctions or preservation or management ofproperty etc

Rule 4


(a) make an order for the detention, preservation or inspectionof any property or thing, being the subject of a proceedingor as to which a question arises in a proceeding;

(b) for all or any of those purposes, authorize a person to enterupon or into any land or building in the possession of aparty to the proceeding; and

(c) authorize any samples to be taken, or any observation to bemade or experiment to be tried, which may be necessary orexpedient for the purpose of obtaining full information orevidence.

4 Inspection by Justice

A Justice, by whom a proceeding is heard or tried, with orwithout a jury, or before whom, as a member of the Full Court,a proceeding is brought by way of appeal, may inspect anyproperty or thing concerning which a question arises in thatproceeding.

5 Inspection by jury

(1) Rule 3 of this Order applies to inspection by a jury, and, in thatcase, the Court or a Justice may give such directions to theMarshal, his Deputy or other person as are necessary to procurethe attendance of the jury at such time and place, and in suchmanner, as the Court or Justice thinks fit.

(2) The Court or Justice may make such provision as to defrayingthe expenses of the inspection as are just.

6 Application for injunctions etc

An application for an injunction or to appoint a receiver, or anapplication under rule 2 or rule 3 of this Order, may be madeeither to the Court or to a Justice by a party.

7 Time for application under rule 1

An application for an order under rule 1 of this Order may bemade by the plaintiff at any time after his right to the orderappears from the pleadings, or, if there are no pleadings, is


Interlocutory orders for injunctions or preservation or management ofproperty etc

I

Rule 9


made to appear by affidavit or otherwise to the satisfaction ofthe Court or a Justice.

8 Order for recovery of specific property, other thanland, subject to lien etc

When:(a) a proceeding is commenced to recover, or a defendant in

his defence seeks by way of counterclaim to recover,specific property other than land; and

(b) the party from whom the recovery is sought does notdispute the title of the party seeking to recover it, butclaims to retain the property by virtue of a lien, orotherwise, as security for a sum of money;

the Court or a Justice may, at any time after that claim appearsfrom the pleadings, or by affidavit or otherwise to thesatisfaction of the Court or Justice, order:(c) that the party claiming to recover the property be at liberty

to pay into Court, to abide the event of the proceeding, theamount of money in respect of which the lien or security isclaimed, and such further sum (if any) for interest andcosts as the Court or Justice directs; and

(d) that, upon the payment into Court being made, theproperty claimed be given up to the party claiming it.

9 Allowance of income of property pendente lite

Where:(a) any real or personal property forms the subject of a

proceeding in the Court; and(b) the Court or a Justice is satisfied that it will be more than

sufficient to answer all the claims on it which ought to beprovided for in the proceeding;

the Court or a Justice may, at any time after the commencementof the proceeding, allow to a party interested in the property:(c) the whole or part of the annual income of the real property;

or(d) the whole or part of the income of the personal property;


I Interlocutory orders for injunctions or preservation or management ofproperty etc

Rule 10


up to such time as the Court or Justice directs; or(e) a part of the personal property;

and for that purpose the Court or Justice may make such ordersas appear to the Court or Justice necessary or expedient.

10 Conduct of sale of trust estates

When, in an action for the administration of the estate of adeceased person or execution of the trusts of a writteninstrument, a sale is ordered of any property vested in anexecutor, administrator or trustee, the conduct of the sale shallbe given to that executor, administrator or trustee, unless theCourt or a Justice otherwise directs.

11 Injunction to be by judgment or order

(1) A writ of injunction shall not be issued.

(2) An injunction shall be granted by a judgment or order, and thejudgment or order shall have the effect which a writ ofinjunction had before the commencement of these rules.

12 Injunction against repetition of wrongful act orbreach of contract

(1) In an action in which an injunction has been or might havebeen claimed, the plaintiff may, before or after judgment, applyfor an injunction to restrain the defendant or respondent from:(a) the repetition or continuance of the wrongful act or breach

of contract complained of; or(b) the commission of an injury or breach of contract of a like

kind relating to the same property or right or arising out ofthe same contract.

(2) The Court or a Justice may grant the injunction, either upon orwithout terms, as is just.


Receivers II

Rule 15


II Receivers

13 Appointment of receiver by way of equitableexecution

Where application is made for the appointment of a receiver byway of equitable execution, the Court or a Justice, indetermining whether it is just or convenient that theappointment should be made, shall have regard to the amountof the debt claimed by the applicant, to the amount which mayproperly be obtained by the receiver and to the probable cost ofhis appointment, and may, if it or he thinks fit, direct anyinquiries on these or other matters before making theappointment.

14 Receivers — security and allowance

(1) When an order is made directing a receiver to be appointed,unless otherwise ordered the person to be appointed shall firstgive security duly to account for what he shall receive as suchreceiver, and to pay the same as the Court or Justice directs.

(2) The person so to be appointed shall, unless otherwise ordered,be allowed a proper salary or allowance.

(3) A security given under subrule (1) of this rule shall beapproved by the Court or a Justice and taken before a personauthorized to administer oaths for the purposes of the Courtand proceedings in the Court.

15 Where receiver appointed in court, adjournment intoChambers to give security

Where a judgment or order is pronounced or made in courtappointing a person named in the judgment or order to bereceiver, the Court or a Justice may adjourn the proceeding toChambers, in order that the person named as receiver may givesecurity, and may thereupon direct the judgment or order to bedrawn up.


II Receivers

Rule 16


16 Fixing days for receivers to leave and pass theiraccounts and pay in balances

(1) When a receiver is appointed with a direction that he shall passaccounts, the Court or a Justice shall fix:(a) the days upon which he shall annually, or at longer or

shorter periods, leave and pass the accounts; and(b) the days upon which he shall pay the balances appearing

due on the accounts so left, or such part of those balancesas shall be certified as proper to be paid by him.

(2) If a receiver neglects to leave and pass his accounts or to paythe balances due on the accounts at the times fixed for thosepurposes under the last preceding subrule, the Justice mayorder that the Registrar before whom the receiver is to accountmay, from time to time, when the receiver’s subsequentaccounts are produced to be examined and passed:(a) disallow the salary claimed in the accounts by the receiver;

and(b) if he thinks fit, charge the receiver with interest at the rate

of five per centum per annum upon the balances soneglected to be paid by him during the time those balancesappear to have remained in the hands of the receiver.

(3) A decision of a Registrar under this rule may be varied or setaside upon application to a Justice.

17 Leaving account with Registrar

A receiver shall leave with the Registrar of the Registry inwhich the proceeding is pending his account, together with anaffidavit verifying the account in the form numbered 52 in theFirst Schedule, with such variations as the circumstancesrequire, and an appointment shall thereupon be obtained by theplaintiff, or by the person having the conduct of the proceeding,for the purpose of passing the account.

18 Consequences of default by receiver

(1) Where a receiver fails:(a) to leave an account or affidavit;


Receivers II

Rule 21


(b) to pass an account;(c) to make a payment; or(d) to perform a duty;

the receiver and any party may be required, on a summonstaken out by a Registrar or a party, to attend before a Justice toshew cause why the account or affidavit has not been left, theaccount passed, the payment made or any other properproceeding taken.

(2) Thereupon such directions as are proper may be given atChambers, or by adjournment into Court, including thedischarge of the receiver and appointment of another, andpayment of costs.

19 Certificate of receiver’s account

A certificate of a Registrar, stating the result of a receiver’saccount, shall from time to time be taken.

20 Books to be deposited

When a receivership has been completed, the book containingthe accounts shall be deposited in the Registry in which theproceeding is then pending.

21 Passing a guardian’s accounts

The accounts of guardians and of committees of persons ofunsound mind shall be passed and verified in the same manneras is by this Order directed as to receiver’s accounts.

Order 50 Sales by the Court

I General

Rule 1



I General

1 Power of Court to order sale of real estate

(1) If, in a proceeding relating to any real estate, it appearsnecessary or expedient that the real estate or a part of the realestate should be sold, the Court or Justice may order the realestate or the part to be sold.

(2) A party bound by the order and in possession of the estate, or inreceipt of the rents and profits of the estate, shall deliver up thepossession or receipt to the purchaser or to such other person asis directed by the order.

2 Mode of carrying out sale, mortgage, partition orexchange, when ordered by Court

A sale, mortgage, partition or exchange ordered by the Court ora Justice shall be carried out in accordance with directionsgiven by a Justice in Chambers.

3 Abstract of title to be laid before practitioner

(1) Before any estate or interest is put up for sale under a judgmentor order, an abstract of the title shall, unless otherwise ordered,be laid before some person who:(a) is entitled to practise as a barrister or solicitor in the Court;

and(b) is approved by the Court or Justice;

for his opinion on the abstract of the title to enable properdirections to be given respecting the conditions of sale andother matters connected with the sale.

(2) The conditions of sale shall specify a time for the delivery ofthe abstract of title to the purchaser or to a solicitor.

Sales by the Court Order 50

General I

Rule 8


4 Sale with the approbation of the Justice

(1) Where a judgment or order is given or made, whether in Courtor in Chambers, directing any property to be sold, unlessotherwise ordered the property shall be sold by auction, withthe approbation of the Justice, to the best purchaser that can begot for it, to be approved by the Justice.

(2) All proper parties shall join in the sale and conveyance ortransfer as the Justice directs.

5 Order for payment of purchase-money into Court notnecessary

An order for the payment of purchase-money into Court is notnecessary, but a direction for that purpose, signed by theJustice, is sufficient authority for a Registrar to receive themoney.

6 Form of affidavits of value

An affidavit for the purpose of enabling the Justice to fixreserved biddings upon a sale by auction shall state the value ofthe property by reference to an exhibit stating the value, so thatthe value may not be disclosed by the affidavit when filed.

7 Office copy of affidavit as to result of sale

An office copy of the affidavit of the person appointed to sellof the result of the sale, with the bidding paper and particularsreferred to in the bidding paper, shall be left in the Registry inwhich the proceeding is pending at least one clear day beforethe day appointed for settling the certificate of the result of thesale.

8 Certificate of result of sale to be made by auctioneerand solicitor in lieu of affidavit

(1) In the case of sales under the direction of the Court, theparticulars of sale shall be signed by, and the result of the saleshall be certified under, the hands of the auctioneer and thesolicitor of the party having the conduct of the sale.


II In Admiralty actions

Rule 9


(2) It is not necessary to file an affidavit verifying the particulars orthe result of the sale.

9 Bidding by parties

An order is not necessary for allowing a party to the record tobid at a sale under the direction of the Court if he would beallowed by law to bid at the same sale if it had not been underthe direction of the Court.

II In Admiralty actions

10 Appraisement or sale of property

(1) A commission for the appraisement or sale of property underthe order of the Court shall, unless the Court or a Justiceotherwise orders, be executed by the Marshal or his Deputies orofficers.

(2) A solicitor who takes out a commission for appraisement orsale shall file an undertaking to pay the fees and expenses ofthe Marshal or his Deputy if they are demanded.

11 Payment into Court of gross proceeds of sale

(1) The Marshal or his Deputy shall pay into Court the grossproceeds of any property which has been sold by him.

(2) The Marshal or his Deputy shall bring into Court the accountfor sale, with vouchers in support of the account, for taxationby the Registrar of the Registry in which the proceeding ispending.

12 Taxation of Marshal’s expenses

(1) A person interested in the proceeds may be heard before theRegistrar on the taxation of the Marshal’s or Deputy Marshal’saccount of expenses.

(2) An objection to the taxation shall be heard in the same manneras an objection to the taxation of a solicitor’s bill of costs.

Motions and other applications Order 51

Rule 3


Order 51 Motions and otherapplications

1 Application by motion etc

(1) Where an application is authorized by or under an Act or bythese rules and no other procedure is provided, the applicationshall:(a) if made to a Full Court or to a Justice in Court, be made by

motion, unless it is required to be made by petition; and(b) if made to a Justice in Chambers, be made by summons.

(2) A copy of a notice of motion or petition to be served upon, orof which notice is to be given to, a person or party shall be filedbefore it is so served or notice of it so given.

(3) A copy of a notice of motion or petition which is not to beserved upon, or of which notice is not to be given to, a personor party shall be filed before the motion or petition is heard or,if that is not practicable, then as soon as conveniently may bethereafter.

2 Title of notice of motion etc

An application, whether by motion, petition or summons, shallbe entitled in the proceeding in which it is made and in thematter of any statute under which the application is made.

3 Notice of motion etc to name Court

A notice of motion, or a notice setting down a petition forhearing in Court, shall:(a) state whether it is intended to be made before the Full

Court or a Justice in Court, and the time and place atwhich it is intended to be made;

(b) be signed with the name of the party intending to move, orhis solicitor, if he acts by a solicitor; and

(c) addressed to the party to be affected by the order sought.

Order 51 Motions and other applications

Rule 4


4 Costs of abandoned applications

(1) If an application of which notice has been given is not made atthe sitting for which notice was given, or at an adjournment ofthat sitting at which the application could be made, the party towhom the notice was given may apply to the Court or a Justiceby summons in Chambers for an order for the payment to himby the party by whom the notice was given of his costs of theapplication.

(2) The order may be set aside by the Court or a Justice uponsufficient cause shown.

5 Where notice of application to be given; ex parteapplications

(1) Except as by these rules otherwise provided, an applicationshall not be made without previous notice to the party to beaffected thereby, but the Court or a Justice, if satisfied that thedelay caused by giving notice would or might entail irreparableor serious mischief, may make an order ex parte upon suchterms as to costs or otherwise, and subject to such undertaking,if any, as the Court or Justice thinks just.

(2) A party affected by such an order may move to set it aside.

6 Length of notice of motion and petition

Unless the Court or a Justice otherwise orders, uponapplication which may be made ex parte:(a) there shall be at least two clear days between the service of

a notice of motion and the day named in the notice forhearing the motion; and

(b) there shall be at least seven clear days between the serviceof the notice of the day appointed for the hearing of apetition and that day.


Rule 11


7 Motions may be dismissed or adjourned wherenecessary notice not given

If, on the hearing of an application, the Court or a Justice is ofopinion that a person to whom notice has not been given oughtto have that notice, the Court or a Justice may either dismissthe application, or adjourn the hearing of the application, inorder that the notice may be given, upon such terms, if any, asthe Court or Justice thinks fit to impose.

8 Adjournment of hearing

The hearing of an application may from time to time beadjourned upon such terms, if any, as the Court or Justicethinks fit.

9 Trial of questions of fact

The Court or a Justice may order that a question of fact arisingupon an application be tried in a manner in which a question orissue of fact in an action may be tried, and may give suchdirections as are considered necessary or desirable for thatpurpose.

10 Service of notice of motion with writ

The plaintiff may serve a notice of motion or other notice or asummons upon a defendant with the writ of summons or otheroriginating process, or at any time after service of the writ ofsummons or other originating process and before the time (ifany) limited for the appearance of that defendant.

11 Service of notice on defendant served with writ butnot appearing

The plaintiff may serve a notice of motion or other notice orsummons upon a defendant, who, having been duly served witha writ of summons to appear or other originating processrequiring an appearance to be entered, has not appeared withinthe time limited for that purpose.

Order 51 Motions and other applications

Rule 12


12 Statement of persons to be served with petition

At the foot of a petition and each copy of the petition, astatement shall be made of the persons, if any, intended to beserved with the petition, and if it is not intended to serve thepetition upon any person, a statement to that effect shall bemade at the foot of the petition and of each copy.

13 Notice of petition

Unless the Court or a Justice otherwise orders, a petition whichis to be served on a person shall be served at least seven cleardays before the day appointed for the hearing of the petition.

14 Form of petition

(1) A petition shall contain a statement, as brief as the nature of thecase allows, of the material facts on which the petitioner relies,but not of the evidence by which they are to be proved, nor,except so far as they are material, of the contents of documents.

(2) The petition shall, when necessary, be divided into paragraphs,numbered consecutively, and each containing as nearly as maybe a separate allegation.

(3) Dates, sums and numbers may be expressed in a petition infigures or in words.

(4) If the petition has been settled by counsel, it shall be signed byhim, and, if not so settled, it shall be signed by the solicitor, orby the party if he is proceeding in person.

15 Appointment for hearing

(1) At any time after:(a) the time limited for appearance, or the last of the

appearances, to a petition or notice of motion to which anappearance is, or may be, required to be entered hasexpired; or

(b) the time has expired within which, under these rules, thepetition or notice of motion, or notice thereof, would ormight be required to be served upon or given to a person;


Rule 15


the party making the application may apply to the Registrar ofthe Registry in which the petition or motion is pending toappoint a day and place for hearing the application.

(2) At least seven clear days before the day appointed, the partymaking the application shall:(a) give notice in writing of the day and place appointed to

every other party to the application and to every personupon whom the process by which the application isbrought before the Court has been served or to whomnotice of the application has been given; and

(b) shall file in the Registry in which the application ispending a copy of the notice.

(3) If the party making the application does not, within six monthsafter he is first entitled to do so, apply for the appointment of aday and place for hearing the application, any other party to theapplication, or a person upon or to whom the application, ornotice of the application, has been served or given under thelast preceding subrule, may apply to the Court or a Justice todismiss the application for want of prosecution.

(4) The Court or Justice may order the application to be dismissedaccordingly or make such other order, and on such terms, as theCourt or Justice deems just.

Order 52 Chambers

I Jurisdiction in Chambers

Rule 1


Order 52 Chambers

I Jurisdiction in Chambers

1 General jurisdiction

A Justice in Chambers may hear and determine:(a) an application which, by an Act or by these rules, is

authorized to be made to a Justice, and is not specificallyrequired to be made to a Justice in Court;

(b) an application for payment or transfer to a person of anymoney or securities standing to the credit of a proceedingwhere:(i) there has been a judgment or order declaring the

rights of the applicant;(ii) the title of the applicant depends only upon proof of

the identity, or of the birth, marriage or death, ofparticular persons; or

(iii) the nominal amount or value of either the money orthe securities proposed to be dealt with does notexceed One thousand dollars, exclusive of interest;

(c) an application for payment to a person of the interest ordividends on any money or securities standing to the creditof a proceeding, whether to a separate account orotherwise;

(d) an application relating to the investment or disposition ofmoney or securities in Court;

(e) an application for an order on the further consideration ofa proceeding, when the order to be made is for thedistribution of a fund or property;

(f) an application in a proceeding for or relating to the sale ofproperty by auction or private contract, and as to themanner in which the sale is to be conducted, and forpayment into Court and investment of the purchasemoney; and

(g) an application for directions as to the management of anyproperty under the control of the Court.

Chambers Order 52

Procedure II

Rule 7


2 Adjournment from Chambers to Court

The Justice may, if he thinks fit, either upon the application ofa party or without such an application being made, direct thatan application brought on in Chambers shall be heard in Court.

3 Adjournment from Court to Chambers

An application brought on in Court may, if the Court thinks fit,be adjourned into Chambers.

II Procedure

4 Applications to be by summons

An application at Chambers not made ex parte shall, unlessotherwise required or authorized by these rules or otherwise, bemade by summons.

5 Ex parte applications by summons

An application for payment or transfer out of Court, and anapplication made ex parte where the Justice thinks fit so torequire, shall be made by summons, to be served upon suchpersons as the Justice directs.

6 Form of summons

(1) A summons, other than an originating summons, shall be in theform numbered 40 in the First Schedule, with such variationsas the circumstances require, and shall be addressed to all thepersons on whom it is to be served.

(2) The person obtaining the summons shall file in the Registry acopy of the summons.

7 Form of originating summons

(1) An originating summons shall be in the form numbered 41 inthe First Schedule, with such variations as the circumstancesrequire.

Order 52 Chambers

II Procedure

Rule 8


(2) The person obtaining the summons shall file in the Registry acopy of the summons.

(3) The summons shall be intituled in the matter of the Act, if any,under which the application is to be made and of the estate ortrust, or of the property, person or matters, to which or towhom it relates.

(4) An originating summons which is issued out of a DistrictRegistry, and to which an appearance is required to be entered,shall contain the statement required by Order 2, rule 8.

(5) Where appearance to an originating summons is not required,the summons shall state the persons upon whom it is intendedto be served, or that it is not intended to be served on anyperson.

8 Appearance to originating summons

(1) A party served with an originating summons, or notice of anoriginating summons, shall, except as otherwise provided,before he is heard, enter an appearance at the appropriateRegistry and give notice of the appearance to the personobtaining the summons.

(2) A party served with an originating summons, or notice of anoriginating summons, may appear at any time before thehearing of the summons.

(3) If the party served appears at any time after the time limited bythe summons for appearance, he shall not, unless the Court or aJustice otherwise orders, be entitled to any further time for anypurpose than if he had appeared according to the summons.

(4) The Court or a Justice, if it or he sees fit so to do, may permit aparty served with an originating summons, or notice of anoriginating summons, to be heard on the summons(notwithstanding that that party has not entered an appearance)on the undertaking of the solicitor of that party, or of the partyhimself where he appears in person, to enter an appearanceforthwith.

Chambers Order 52

Procedure II

Rule 12


9 Time for appearance

The time to be limited for appearance to an originatingsummons to which an appearance is required to be enteredshall, in every case, be the same as it would be if the summonswere a writ of summons in an action.

10 Time of service of summons and stay of proceedings

(1) Subject to the next succeeding subrule, a summons, not beingan originating summons to which an appearance is required tobe entered, shall be served two clear days before the return dayof the summons, unless the Court or a Justice allows a shorterperiod of service.

(2) A summons for time only may be served on the day previous toits return and a summons signed by a Justice may be madereturnable at any time.

(3) A Justice may, if under special circumstances he thinks fit,order that a summons shall operate as a stay of proceedingsfrom the time of service, and the summons shall be drawn upaccordingly and signed by the Justice.

11 Evidence upon applications relating to infants

Upon an application for the appointment of a guardian of aninfant and allowance for maintenance, or with respect to theadvancement of an infant or the administration of an infant’sestate, the evidence shall show:(a) the age of the infant;(b) the nature and amount of the infant’s fortune and income;

and(c) what relatives the infant has.

12 Proceeding ex parte where a party fails to attend

(1) When a party to a summons fails to attend, whether upon thereturn of the summons or at a time appointed for theconsideration or further consideration of the matter, the Justicemay proceed ex parte if, considering the nature of the case, hethinks it expedient so to do.

Order 52 Chambers

II Procedure

Rule 13


(2) An affidavit of non-attendance is not required and shall not beallowed, but the Justice may require such evidence of service ashe thinks just.

13 Costs thrown away by non-attendance of a party

When a proceeding in Chambers fails by reason of the non-attendance of a party and the Justice does not think it expedientto proceed ex parte, the Justice may order such an amount ofcosts (if any) as he thinks reasonable to be paid to the partyattending by the absent party or by his solicitor personally.

14 Further attendance where summons not fullydisposed of

When the matters in respect of which a summons has beenissued are not disposed of upon the return of the summons, theparties shall attend from time to time without further summons,at such time or times as are appointed, for the consideration orfurther consideration of the matter.

15 What matters to be included in the same summons

(1) In a proceeding when a party makes an application atChambers, either by way of summons or otherwise, he mayinclude in the same application all matters upon which he thendesires the order or direction of the Justice.

(2) Upon the hearing of the application, the Justice may make suchorder and give such directions relevant to or consequential onthe matter of the application as are just.

16 Justice not bound to determine question

The Justice, on hearing an originating summons, is not bound:(a) to determine a question or matter the determination of

which requires a decision on a disputed question of fact; or(b) to make an order under the summons in respect of a

question or matter which he is of opinion should bedetermined in an action or otherwise.

Chambers Order 52

Proceedings under judgments and orders III

Rule 20


17 Time of return

A summons is returnable at such time as is fixed by a Justice orRegistrar.

18 Procedure where no Justice available

If a Justice is not sitting in Chambers at the time at which asummons issued under these rules is returnable, the summonsshall stand adjourned until a Justice is sitting in Chambers.

III Proceedings under judgments and orders

19 Powers of Registrars

A Registrar may, for the purpose of any proceedings directed tobe taken before him:(a) publish advertisements;(b) summon parties and witnesses;(c) administer oaths;(d) require the production of documents;(e) take affidavits and acknowledgments;(f) receive affirmations;(g) unless otherwise ordered by the Court or a Justice,

examine parties and witnesses, either upon interrogatoriesor viva voce, and receive evidence on affidavit; and

(h) require a party to be represented by a separate solicitor.

20 Duty of persons summoned to attend beforeRegistrar

A party or witness summoned to attend before a Registrar shallattend in pursuance of the summons and is liable to process ofcontempt in like manner as parties or witnesses are liable toprocess of contempt in case of disobedience to an order of theCourt, or in case of default in attendance.

Order 52 Chambers

VI Documents to be left at Chambers

Rule 21


21 Computation of interest etc to be acted upon

The Court or a Justice may direct a computation of interest, orthe apportionment of a fund, to be certified by a Registrar, andto be acted upon by an officer or other person without furtherorder.

IV Summons in Chambers

22 Form of Registrar’s summons

The summons by a Registrar requiring the attendance of aparty, witness or other person shall be in the form numbered 51in the First Schedule, with such variations as the circumstancesof the case require.

V Proceedings relating to Infants etc

23 Guardian ad litem with reference to proceedings inChambers

At any time during the proceedings in Chambers under ajudgment or order, the Justice may, if he thinks fit, require aguardian ad litem to be appointed for an infant or person ofunsound mind who has been served with notice of thejudgment or order.

VI Documents to be left at Chambers

24 Proceedings under judgment or order

In the case of proceedings in Chambers under a judgment ororder, the party prosecuting the proceedings shall leave theoriginal, or a copy, of the judgment or order at the Registry inwhich the proceedings are being had, unless the originaljudgment or order has been previously filed, and, in the case ofa copy, he shall certify the copy to be a true copy of thejudgment or order as made by the Justice.

Chambers Order 52

Summons to proceed VII

Rule 27


25 Associate’s note where order not drawn up

When a proceeding is adjourned from Court to Chambers, orany directions are given in Court to be acted upon at Chambers,whether upon a proceeding adjourned into Court fromChambers or upon any other occasion, without an order beingdrawn up, a note signed by the Associate or other proper officerstating for what purpose the proceeding is adjourned toChambers, or the directions given, shall be procured from theAssociate or officer and filed in the Registry in which theproceeding is pending.

26 Names of solicitors

The Registrar may require that a note stating the names of thesolicitors for all the parties, and showing for which of theparties the solicitors are concerned, shall be left at the Registrywith a judgment or order.

VII Summons to proceed

27 Summons to proceed with accounts and inquiriesdirected

(1) Upon a judgment or order being made directing accounts orinquiries to be taken or made, a summons shall be issued toproceed with the accounts or inquiries directed.

(2) If upon the return of the summons, it appears by properevidence that all necessary parties have been served with noticeof the judgment or order, directions shall be given as to:(a) the manner in which each of the accounts and inquiries is

to be prosecuted;(b) the advertisements, if any, to be published;(c) the evidence to be adduced in support;(d) the parties who are to attend on the several accounts and

inquiries; and(e) the time within which each proceeding is to be taken.

Order 52 Chambers

VII Summons to proceed

Rule 28


(3) A day or days may be appointed for the further attendance ofthe parties, and directions given under the last precedingsubrule may afterwards be varied by addition thereto orotherwise, as is found necessary.

(4) The summons shall be taken out by the party entitled toprosecute the judgment or order within seven days after thejudgment or order has been filed or left, and, in default of thatparty so doing, then any other party to the proceeding may takeout the summons and that other party shall have the prosecutionof the judgment or order unless a Justice otherwise directs.

28 Settling deed in case parties differ

(1) Where, by a judgment or order, a deed is directed to be settledin Chambers in case the parties differ, a summons to proceedshall be issued.

(2) Upon the return of the summons, the party entitled to preparethe draft deed shall be directed to deliver a copy of the draftdeed, within such time as is fixed, to the party entitled to objectto it.

(3) The party so entitled to object shall be directed to deliver to theother party a statement in writing of his objections, if any,within twenty-one days, or within such period as is directedafter the delivery of the copy, and the proceedings shall beadjourned until after the expiration of the period so fixed ordirected.

29 Where service of notice of judgment or orderdispensed with

Where, upon the hearing of the summons to proceed, it appearsthat, by reason of absence or for any other sufficient cause, theservice of notice of the judgment or order upon a party cannotbe made or ought to be dispensed with, a direction may begiven dispensing with that service, or ordering any substitutedservice, or notice by advertisement or otherwise, in lieu of thatservice.

Chambers Order 52

Summons to proceed VII

Rule 32


30 Power to bind persons on whom service isdispensed with

(1) Where service of notice of a judgment or order for accountsand inquiries is dispensed with, an order may be made at anytime, if it is thought fit, that the persons as to whom service isdispensed with shall be bound as if served.

(2) Those persons shall be bound accordingly, except where thejudgment or order has been obtained by fraud or non-disclosureof material facts.

31 Stoppage of proceedings where all necessary partieshave not been served with notice of judgment ororder

(1) If, on the hearing of the summons to proceed, it appears that allnecessary parties are not parties to the proceeding or have notbeen served with notice of the judgment or order, directionsmay be given for advertisement for creditors, and for leavingthe accounts in Chambers.

(2) The adjudication on creditors’ claims and the accounts shall notbe proceeded with, and no other proceeding taken except forthe purpose of ascertaining the parties to be served, until:(a) all necessary parties have been served and are bound, or

service has been dispensed with; and(b) directions have been given as to the parties who are to

attend on the proceedings.

32 Course of proceeding at Chambers. Papers for use ofJustice and Registrar

(1) The course of proceeding in Chambers under a judgment ororder shall ordinarily be the same as the course of proceedingin Court upon motions.

(2) Copies, abstracts or extracts of or from accounts, deeds or otherdocuments and pedigrees and concise statements shall, ifdirected, be supplied for the use of the Justice and Registrarand, where so directed, copies shall be handed over to the otherparties.

Order 52 Chambers

IX Certificates of the Registrar

Rule 33


(3) Unless the Justice otherwise directs, copies shall not be madeof deeds or documents where the originals can be brought in.

VIII Summons Book

33 Entries in Summons Book

At the time a summons is obtained an entry of the summonsshall be made in the Summons Book stating:(a) the date on which the summons is issued;(b) the name of the proceeding;(c) by what party and, shortly, for what purpose, the summons

is obtained; and(d) at what time the summons is returnable.


34 Registrar’s certificate

(1) The directions to be given for, or touching on, proceedingsbefore a Registrar shall not require a particular form, but theresult of the proceedings shall be stated in the shape of aconcise certificate to the Justice.

(2) It is not necessary for the Justice to sign the certificate, and,unless an order to discharge or vary the certificate is made, thecertificate shall be deemed to be approved and adopted by theJustice.

35 Reference to judgment etc

The certificate of a Registrar shall not, unless the circumstancesof the case render it necessary, set out the judgment or order ora document, evidence or reason, but shall refer to the judgmentor order and documents and evidence, or particular paragraphsthereof, so that it appears upon what the result stated in thecertificate is founded.

Chambers Order 52

Certificates of the Registrar IX

Rule 38


36 Preparation and settlement of Registrar’s certificate

(1) When the Justice or Registrar so directs, the certificate shall beprepared by the solicitor of one of the parties.

(2) The solicitor shall obtain an appointment to settle the certificateand shall give notice of the appointment to the other parties.

(3) A summons to settle the certificate of a Registrar shall not beissued.

37 Form of certificate

The certificate of a Registrar:(a) when prepared and settled, shall be transcribed in such

form, and within such time, as the Registrar requires; and(b) shall be signed by the Registrar either then or, if necessary,

at an adjournment to be made for the purpose.

38 Contents of certificate in cases of accounts

(1) Where an account is directed, the certificate shall state theresult of the account and not set the account out by way ofschedule, but shall refer to the account verified by the affidavitfiled, and shall specify, by the numbers attached to the items inthe account, which, if any, of the items have been disallowed orvaried, and shall state what additions, if any, have been madeby way of surcharge or otherwise.

(2) Where the account verified by the affidavit has been so alteredthat it is necessary to have a fair transcript of the account asaltered, the transcript may be required to be made by the partyprosecuting the judgment or order, and shall then be referred toby the certificate.

(3) The accounts and the transcripts, if any, referred to by acertificate shall be filed with the certificate or retained in theRegistry and subsequently filed, as may be directed.

(4) A copy of such an account is not required to be taken by aparty.

Order 52 Chambers


Rule 39


39 Taking opinion of Justice

(1) A party may, before proceedings before the Registrar areconcluded, take the opinion of the Justice upon a point ormatter arising in the course of the proceedings without a freshsummons for the purpose and the Registrar shall act upon theopinion of the Justice accordingly.

(2) The decision of the Justice shall not be deemed to be finallygiven upon a point or matter so referred to him until the filingof the Registrar’s certificate embodying the result of theJustice’s opinion.

40 Proceeding to take opinion of Justice not a stay ofproceedings

Taking the opinion of a Justice, as provided in the lastpreceding rule, does not operate as a stay of proceedings beforethe Registrar, but he may, at his discretion, either continue theproceeding in the course of which the point or matter has arisenor defer further proceeding until the opinion has been obtained.

41 When certificate becomes binding; application todischarge or vary it

A certificate, with the accounts and transcripts, if any, to befiled with the certificate, shall be filed in the Registry and,when filed, shall thenceforth be binding on all the parties to theproceedings unless discharged or varied upon application bysummons to be made before the expiration of seven clear daysafter the filing of the certificate, or within such further time asthe Court or Justice allows.

42 Certificate of Registrar; application to discharge orvary; confirmation of judgment

(1) When a Registrar has assessed or ascertained damages, he shallcertify the amount and file his certificate.

(2) Within seven days of the filing of the certificate, any partyinterested may apply to the Court or a Justice to discharge or

Chambers Order 52

Further consideration X

Rule 43


vary the certificate or make such other order thereon as may bejust.

(3) The Court or Justice hearing and determining the applicationmay discharge the certificate or may confirm the certificate orthe certificate as varied.

(4) If an application is not made under subrule (2) of this rule, theRegistrar shall, after the expiration of seven days from thefiling of his certificate, bring it before a Justice in Chambers,who may confirm it or give such directions thereon as mayappear just.

(5) The Registrar shall enter judgment in accordance with acertificate or with the order or directions thereon of the Courtor Justice.

X Further consideration

43 Further consideration of matters originating inChambers

(1) Where a matter originating in Chambers has, at the original orsubsequent hearing, been adjourned for further consideration inChambers, it may, after the expiration of fourteen days andwithin a period of twenty-eight days, or such further period asthe Justice allows, after the filing of the Registrar’s certificate,be brought on for further consideration by a summons, to betaken out by the party having the conduct of the proceedings,and, after the expiration of that period of twenty-eight days orthat further period, by a summons to be taken out by any otherparty.

(2) The summons shall be in the following form: “That this matter,the further consideration of which was adjourned by the orderof the day of 19 , may befurther considered.”.

Order 52 Chambers

XI Registering and drawing up of orders in Chambers

Rule 44


XI Registering and drawing up of orders inChambers

44 Notes of proceedings in Chambers

The Associate or other proper officer shall:(a) keep a book in which he shall enter particulars of all

proceedings had in Chambers, with:(i) dates;

(ii) names of cases;(iii) a description of the proceedings; and(iv) a minute of the decisions, with a short statement of

the questions or points decided or ruled; and(b) deliver all documents used at Chambers to the Registrar.

45 Drawing up and entry of orders made in Chambers

(1) An order made in Chambers to be acted on by a Registrar orother proper officer shall, unless the Justice otherwise directs,be drawn up by the Registrar.

(2) An order drawn up by a Registrar shall be entered in the samemanner as an order made in open Court.

46 Evidence of orders made in Chambers

In the case of an order to be drawn up by a Registrar asmentioned in the last preceding rule, an order signed by theRegistrar, or a note or memorandum endorsed on the summonsupon which the order is made and signed or initialled by theRegistrar, is sufficient evidence of the order having been made.

Interpleader Order 54

Rule 2


Order 54 Interpleader

1 When relief by interpleader granted

Relief by way of interpleader may be granted:(a) when the person seeking relief (in this Order called the

applicant) is under liability for any debt, money, goods, orchattels for or in respect of which he is liable to claims inthe Court by two or more parties (in this Order called theclaimants) making adverse claims to that debt or money orto those goods or chattels; or

(b) when the applicant is the Marshal or his Deputy or otherofficer charged with the execution of process by or underthe authority of the Court, and claim is made to anymoney, goods or chattels taken or intended to be taken inexecution under a process or to the proceeds or value ofthose goods or chattels, or of any land, by a person otherthan the person against whom the process is issued.

2 Matters to be proved by applicant

The applicant shall satisfy the Court or a Justice by affidavit orotherwise:(a) that the applicant claims no interest in the subject-matter

in dispute other than for charges or costs;(b) that the applicant does not collude with any of the

claimants; and(c) that the applicant (except where he is the Marshal or his

Deputy or other officer charged with the execution ofprocess by or under the authority of the Court who hasseized goods and who has withdrawn from possession inconsequence of the execution creditor admitting the claimof the claimant under rule 16 of this Order) is willing topay or transfer the subject-matter into Court or to disposeof it as the Court or a Justice directs.


Rule 3


3 Adverse titles of claimants

The applicant is not disentitled to relief by reason only that thetitles of the claimants have not a common origin, but areadverse to and independent of one another.

4 When application to be made

When the applicant is a defendant, application for relief may bemade at any time after the commencement of the proceedingsin the Court.

5 Summons by applicant

The applicant may take out a summons calling on the claimantsto appear and state the nature and particulars of their claims,and either to maintain or relinquish them.

6 Stay of proceedings

If the application is made by a defendant, the Court or a Justicemay stay all further proceedings.

7 Order upon summons

If the claimants, or any of them, appear in pursuance of thesummons, the Court or a Justice may:(a) order that a claimant be made a defendant in a proceeding

already commenced in respect of the subject-matter indispute in lieu of, or in addition to, the applicant; or

(b) order that an issue between the claimants be stated andtried and direct which of the claimants is to be plaintiffand which defendant, and the mode in which the trial shallbe had.

8 Issue to be filed

(1) The plaintiff in an interpleader issue shall file the issue withinthree days after the making of the order under the lastpreceding rule and shall thereupon pay the fees and jury fees, ifany, payable on entering an action for trial.


Rule 11


(2) If the plaintiff makes default in filing the issue, the order shallbe deemed to be abandoned and the Court or Justice may makesuch further order on the applicant’s summons, and as to thecosts of the issue directed, as is just and reasonable.

9 Disposal of matters in summary manner

The Court or a Justice may:(a) with the consent of all claimants; or(b) on the request of a claimant, if, having regard to the value

of the subject-matter in dispute, it seems desirable so todo;

dispose of the merits of their claims and decide the claims in asummary manner and on such terms as are just.

10 Questions of law

(1) When a question of law arises in interpleader proceedings andthe facts are not in dispute, the Court or a Justice may decidethe question without directing the trial of an issue or may orderthat a special case be stated for the opinion of the Full Court.

(2) If a special case is stated, Order 35 shall, as far as applicable,apply to the special case.

11 Failure of claimant to appear, or neglect to obeysummons

(1) If a claimant, having been duly served with a summons callingon him to appear and maintain or relinquish his claim, does notappear in pursuance of the summons, or, having appeared,neglects or refuses to comply with an order made after hisappearance, the Court or a Justice may make an order declaringhim, and all persons claiming under him, for ever barredagainst the applicant and persons claiming under the applicant.

(2) The order shall not affect the rights of the claimants as betweenthemselves.


Rule 12


12 Order for sale of goods seized in execution

When goods or chattels have been seized in execution by theMarshal or his Deputy or other officer charged with theexecution of process of the Court, and a claimant alleges thathe is entitled, under a bill of sale or otherwise, to the goods orchattels by way of security for debt, the Court or a Justice mayorder the sale of the whole or a part of the goods or chattels anddirect the application of the proceeds of the sale in such mannerand upon such terms as are just.

13 Application of Orders 32, 33 and 36 to interpleaderproceedings

(1) Orders 32, 33 and 36, with the necessary modifications, applyto an interpleader issue.

(2) The Court or Justice who tries the issue may finally dispose ofthe whole matter of the interpleader proceedings includingcosts not otherwise provided for.

14 Title of order

(1) When, in an interpleader proceeding, it is necessary orexpedient to make one order in several proceedings pending inthe Court, the order may be made by the Court or Justice beforewhom the interpleader proceeding is taken, and shall be entitledin all the proceedings.

(2) The order, subject to the right of appeal, shall be binding on theparties in all those proceedings.

15 Costs

The Court or a Justice may, in or for the purposes of anyinterpleader proceedings, make such orders as to costs andother matters as are just.


Rule 17


16 Marshal’s costs

(1) A claim made to or in respect of any goods or chattels taken inexecution under the process of the Court shall be in writing andshall state an address for service of the claimant which shallcomply with the provisions of Order 4.

(2) Upon receipt of the claim, the Marshal or his Deputy or otherofficer shall forthwith give notice of the claim to the executioncreditor in the form numbered 33 in the First Schedule, or tothe like effect.

(3) The execution creditor shall, within seven days after receivingthe notice, give notice to the Marshal, his Deputy or the officer,in the form numbered 34 in the First Schedule or to the likeeffect, whether he admits or disputes the claim.

(4) If the execution creditor admits the title of the claimant andgives notice as directed by this rule, he shall be liable to theMarshal, his Deputy or the officer only for any fees or expensesincurred prior to the receipt of the notice admitting the claim.

17 Withdrawal by Marshal

(1) When the execution creditor has given notice to the Marshal,his Deputy or other officer that he admits the claim of theclaimant, the Marshal, his Deputy or the officer may thereupon:(a) withdraw from possession of the goods claimed; and(b) apply for an order protecting him from any action in

respect of the seizure and possession of the goods;

and the Court or a Justice may make such order as is just andreasonable.

(2) The Marshal, his Deputy or the officer shall give notice to theclaimant of an application under this rule.

(3) The claimant may attend the hearing of the application and, ifhe attends, the Court or Justice may, in and for the purposes ofthe application, make such orders as to costs as are just.


Rule 18


18 Costs in interpleader

(1) When the execution creditor does not in due time, as directedby rule 16 of this Order, admit or dispute the title of theclaimant to the goods or chattels, and the claimant does notwithdraw his claim to the goods or chattels by notice in writingto the Marshal, his Deputy or the officer, the Marshal, hisDeputy or the officer may take out an interpleader summons.

(2) The service of the summons on the claimant may be effected athis address for service either by personal service upon theclaimant or by registered post as provided by Order 62, rule 3.

(3) If the claimant withdraws his claim by notice in writing to theMarshal, his Deputy or the officer, or the execution creditor inlike manner serves an admission of the title of the claimantprior to the return day of the summons and, at the same time,gives notice of the admission to the claimant, the Court orJustice may, in and for the purposes of the interpleaderproceedings, make such orders as to costs, fees, charges andexpenses as are just.

Mandamus, prohibition, certiorari, habeas corpus, quo warranto Order 55

General I

Rule 1


Order 55 Mandamus, prohibition,certiorari, habeas corpus, quowarranto

I General

1 Application, how made

(1) An application for:(a) a writ of habeas corpus;(b) an order for the production of a person in confinement for

the purpose of examination or trial;(c) a writ of certiorari, mandamus or prohibition, or for leave

to exhibit an information of quo warranto; or(d) relief of like nature to mandamus or quo warranto;

may, subject to subrules (5) and (6) of this rule, be made to theCourt or a Justice ex parte and shall be supported by affidavit.

(2) Subject to subrules (3) and (4) of this rule, the application shall,in the first instance, be for an order calling on the proposedrespondent to shew cause why the writ or order should not beissued or made, the information filed or other relief given.

(3) In the case of an application by a Law Officer ex officio for awrit of certiorari or for leave to file an information of quowarranto, the order shall, if so sought, be absolute in the firstinstance.

(4) The Court or Justice may, in its or his discretion, in a case inwhich it appears necessary for the advancement of justice, grantan order absolute in the first instance for a writ of habeascorpus, certiorari, mandamus or prohibition, or for theproduction of a person.

(5) An application for an order to bring up a person in confinementto give evidence in a proceeding, civil or criminal, before acourt, justice or other judicature shall be made to a Justice inChambers.

Order 55 Mandamus, prohibition, certiorari, habeas corpus, quo warranto

I General

Rule 2


(6) When an application for a writ of habeas corpus is made onbehalf of an infant, it shall be made, in the first instance, to aJustice sitting in Chambers.

2 Justice may direct application in Court or to FullCourt

When application is made to a Justice in Court or in Chambers,or otherwise, he may, if he thinks fit, direct that the applicationbe made by notice of motion to a Justice in Court or to a FullCourt, and may adjourn the application so that notice of theapplication may be given accordingly.

3 Adjournment of application by Full Court

When application is made to a Full Court, the Court mayadjourn the application so that notice of the application may begiven.

4 Order to be returnable before Full Court

An order to shew cause shall be to shew cause before a FullCourt, unless the matter appears to be one of urgency, in whichcase the Court or Justice may make the order returnable beforea single Justice in Court or Chambers.

5 Service of order to shew cause or notice of motion

(1) The order to shew cause, or notice of motion, shall be servedon such persons and in such manner as the Court or Justicedirects.

(2) Unless the Court or Justice otherwise directs, there shall be atleast three clear days between service of the order to shewcause, or notice, and the date named in the order or notice forthe hearing of the application.

(3) When the order or notice relates to a proceeding in or before acourt, and the object is either to compel the court or an officerof the court to do an act in relation to the proceedings or toquash them or an order made in them, it is sufficient to servethe order or notice of motion on:


General I

Rule 7


(a) the Clerk, the Registrar or other proper officer of the courtand the other parties to the proceedings, unless the Courtor a Justice otherwise orders; and

(b) where an objection to the conduct of the judge, justice ormagistrate constituting the court is to be made, on thatjudge, justice or magistrate.

(4) An affidavit stating the names and addresses of, and the placeand date of service on, the persons who have been served withthe order to shew cause or notice of motion shall be filed beforethe order or notice is put in the list for hearing, and, if a personwho ought to be served under or pursuant to these rules has notbeen served, the affidavit shall state that fact and the reasonwhy service has not been effected.

(5) If, on the application for the order absolute or the hearing of themotion, the Court or Justice is of opinion that a person whoought to have had notice of the application has not been served(whether or not he is a person who ought to have been servedunder or pursuant to the foregoing provisions of this rule), theCourt or Justice may direct service on that person, and adjournthe hearing in the meantime, upon such terms, if any, as it or hethinks fit.

6 Title of affidavits

An affidavit intended to be used on the application and uponwhich the application is made shall be entitled “In the HighCourt of Australia” without any other title, except in the case ofan application for an order for the production of a person forexamination as a witness in proceedings pending in the Court,in which case it shall also be entitled in the proceeding.

7 Copies of affidavits

A party to the application shall supply on demand by a party orperson who desires to be heard, and on payment of the propercharges, copies of any affidavits previously used in theproceeding or which he proposes to use at the hearing of theapplication.


I General

Rule 8


8 Title of proceedings

(1) (a) An application for an order to show cause and allsubsequent proceedings filed in the Registry shall beentitled:

“Application for (description of writ or order sought,e.g. a writ of prohibition) against (name of everyperson and authority to whom the writ or order isproposed to be directed or against whom theinformation is proposed to be exhibited). Ex parte(name of the prosecutor, relator or applicant). ”except in the case of an order for the production of aperson as a witness or proceedings pending in theCourt, in which case it shall be entitled in theproceedings.

(b) For all other purposes, the proceedings may be describedin the following manner:

“Re (name of the party who is effectively therespondent); Ex parte (name of prosecutor, relator orapplicant). ”

(2) (a) Where a writ of mandamus or prohibition is sought againstan officer of the Commonwealth the officer shall bedescribed in the title by his name and the name of hisoffice.

(b) In all other cases a party respondent may be described inthe title by his name or the name of his office or both, or,in the case of a magistrate or justice in a court of summaryjurisdiction, as the magistrate or justice at the place wherethe court is held.

(3) The applicant shall be called:(a) in the case of an application for a writ of mandamus or

relief of a like nature, or of an application for a writ ofprohibition — the prosecutor;

(b) in the case of an application for an information of quowarranto or relief of a like nature — the relator; and

(c) in the case of an application for a writ of habeas corpus orcertiorari — the applicant.


General I

Rule 12


9 Terms

The order to shew cause may be granted upon such terms as tocosts and as to giving security or otherwise as the Court orJustice thinks fit.


An order nisi for certiorari or prohibition shall, if the Court ora Justice so directs, operate as a stay of the proceedings inquestion until the determination of the application or until theCourt or a Justice otherwise orders.

11 Applicant limited to grounds and relief set out inorder nisi

(1) The grounds of the application and the relief sought shall be setout in the order nisi or notice of motion, if any, and, if theapplicant intends to ask for an amendment at the hearing, heshall give notice of his intention and of the proposedamendment.

(2) The Court or Justice may allow an amendment which it or hethinks necessary for the advancement of justice, but, withoutthe leave of the Court or Justice, a ground shall not be reliedupon or relief sought on the hearing other than a ground set outin the order nisi or notice of motion.

12 Right to be heard in opposition and liability to costs

(1) At the hearing of the application, the Court or Justice shall hearany person who desires to oppose it and appears to the Court orJustice to be a proper person to be heard, notwithstanding thathe has not been served with the order nisi or notice of motion.

(2) A person who is served with the order nisi or notice of motion,or who is heard under this rule, may be ordered to pay costs inthe discretion of the Court or Justice.


I General

Rule 13


13 Affidavits in reply and direct trial or inquiry

(1) At the hearing of the application the Court or Justice may allowthe applicant to use further affidavits upon such terms as toadjournment or costs as the Court or Justice thinks just.

(2) When the applicant intends to ask to be allowed to use furtheraffidavits, he shall give reasonable notice of his intention, andshall supply, on demand and upon payment of the propercharges, copies of the further affidavits to the other parties.

(3) When a question or issue of fact arises upon the affidavits, theCourt or Justice may give such directions as it or he thinks fitfor the determination of the question or issue by trial or inquiry.

14 Order absolute

An order absolute need not be served, but the costs of serviceof an order absolute may be allowed in the discretion of thetaxing officer if the writ is not actually issued or theinformation is not actually exhibited.

15 Costs

When the order is made absolute, the Court or a Justice maydispose of the costs of the proceedings either by the finaljudgment or by a separate order.

16 Issue and filing of writs etc

(1) A writ issued in proceedings to which this Order relates shall:(a) bear date of the day on which it is issued;(b) be tested in the manner provided in Order 2, rule 7; and(c) be filed in the Registry out of which it is issued, together

with the return to the writ and a copy of any order made onit.

(2) Such a writ shall be prepared by the solicitor or party issuing itout and shall, before being sealed, be endorsed with the nameand address of that solicitor or party, and, if issued out by thesolicitor as agent, with the name and address of the principalalso.


Mandamus III

Rule 18


(3) An order to return the writ shall require the return to be madewithin such period as is named in the order.

II Certiorari

17 Time and notice

(1) An order nisi for a writ of certiorari to remove a judgment,order, conviction or other proceeding, for the purpose of itsbeing quashed, of an inferior court or tribunal, or of amagistrate or justices, shall not be granted unless theapplication for the order is made not later than six months afterthe date of the judgment, order, conviction or other proceeding,or within such shorter period as may be prescribed by any law.

(2) Where the judgment, order, conviction or other proceeding issubject to appeal and a time is limited by law for the bringingof the appeal, the Court or Justice may adjourn the applicationfor the order nisi until the appeal is determined or the time forappealing has expired.

III Mandamus

18 Person interested — prosecutor to be named

(1) An order nisi for a writ of mandamus, or for relief of a likenature, shall not be granted except upon the application ofsome person who is interested in the relief sought.

(2) Subject to the next succeeding subrule, the applicant shall stateby his own affidavit that the application is to be made at hisinstance as prosecutor.

(3) Where the applicant is a corporation, an officer or agent of thecorporation shall state by his affidavit that the application is tobe made by the corporation as prosecutor.


III Mandamus

Rule 19


19 Form of writ

(1) Unless otherwise ordered by the Court or Justice, a writ ofmandamus shall command the person to whom it is addressedto do the act in question or shew cause why he has not done it.

(2) The Court or Justice may direct that the command shall beperemptory in the first instance.

20 Time for return of writ

Unless otherwise ordered by the Court or Justice, the writ shallbe returnable within the same time after service as is allowedfor appearance in the case of a writ of summons.

21 Service

Unless the Court or Justice otherwise directs:(a) when a writ of mandamus is directed to one person only,

the original writ shall be personally served upon him bydelivering it to him; and

(b) when the writ is directed to two or more persons, it shallbe personally served upon all of them but one in themanner prescribed for personal service of a writ ofsummons, and upon the remaining person by deliveringthe original writ to him.

22 Service on corporate body etc

Unless otherwise directed by the Court or Justice, when a writof mandamus is directed to a body corporate or publicauthority, it shall be served on that body or authority in themanner provided by Order 9, rule 6.

23 Return

The person or persons to whom a writ of mandamus is directedshall, within the time allowed by the writ, file the writ or a copyof the writ in the Registry from which it was issued, togetherwith a certificate, endorsed on or attached to the writ or copy,and signed by him or them, setting forth that he or they has or


Mandamus III

Rule 27


have done the act commanded by the writ or setting forth thereason why he or they has or have not done so.

24 Service

A copy of the return shall be served upon the prosecutor on thesame day on which it is filed.

25 Pleading to return

If the return does not certify that the act commanded has beendone, the same proceedings shall be had and taken, and withinthe same time, as if the return were a defence in an action inwhich the prosecutor was the plaintiff and the person to whomthe writ is directed was the defendant and had pleaded thereturn as his defence.

26 No motion for judgment

When a point of law is raised in answer to a return or anotherpleading in mandamus, and there is no issue of fact to bedecided, the Court shall, on the argument of the point of law,give judgment for the successful party without a motion forjudgment being made or required.

27 Peremptory writ

(1) If the questions of fact and law raised by the return aredetermined in favour of the prosecutor by judgment of theCourt or otherwise, the prosecutor shall be entitled to aperemptory writ of mandamus commanding the person orpersons to whom the first writ was directed to do the actcommanded in that writ.

(2) The peremptory writ shall be awarded by the judgment, if any,or, if there is no judgment, by a separate order.


III Mandamus

Rule 28


28 Costs when peremptory writ awarded in firstinstance or on obedience

(1) When a peremptory writ is awarded in the first instance, theCourt or Justice shall, at the time of granting the writ, direct byand to whom the costs of the proceedings shall be paid.

(2) When a peremptory writ is not awarded in the first instance,and the return to the writ certifies that the person to whom it isaddressed has done the act commanded by the writ, anapplication for an order for the costs of the proceedings may bemade after the return is filed, at a time not later than theseventh day of the sittings of the Court held next after the dayon which the return is filed, at the place of the Registry inwhich it is so filed.

29 Proceedings in nature of interpleader

(1) When, upon an application for a writ of mandamus, it appearsthat a person other than the prosecutor claims that the person towhom it is proposed to direct the writ shall do some actinconsistent with the act which the prosecutor claims to havedone, the person to whom the order nisi, notice of motion orwrit is directed may apply to the Court or a Justice for an orderthat that other person be substituted for him, or joined withhim, in all subsequent proceedings up to the issue of aperemptory writ of mandamus.

(2) The Court or Justice may make such order on the application asis just.

(3) The proceedings shall not abate or be discontinued by reason ofthe death, resignation or removal from office of the person towhom the order nisi, notice of motion or writ is directed, butthey may be continued and carried on either in his name orotherwise, and, if a peremptory writ is awarded, it shall bedirected to the successor in office or right of that person.

30 Time

An application for a writ of mandamus, or an order in thenature of mandamus, to a judicial tribunal to hear anddetermine a matter shall be made within two months of the date


Prohibition IV

Rule 35


of the refusal to hear or within such further time as is, underspecial circumstances, allowed by the Court or a Justice.

31 Mandamus by order

Subject to paragraph (v) of section 75 of the Constitution of theCommonwealth, when the Court or Justice directs that thecommand shall be peremptory in the first instance, thecommand may be expressed in an order of the Court withoutthe issue of a writ, and the order shall have the same effect as aperemptory writ of mandamus.

32 Enforcement of order like judgment

The provisions of Order 45, rule 3, apply to mandamus.

33 No action against party obeying writ or order

An action or proceeding shall not be commenced or prosecutedagainst a person in respect of a thing done in obedience to awrit of mandamus or an order of the Court for relief of the likenature issued by the Court or a Justice.

IV Prohibition

34 Pleadings in prohibition

The Court or Justice may in any case, instead of directing theissue of a writ of prohibition, direct the prosecutor to deliver tothe opposite party a statement of claim setting forth the factsupon which his claim to the writ is founded, and thereupon thesame proceedings shall be had and taken in all respects as on astatement of claim in an action.

35 Proceeding on judgment

If judgment is given for the prosecutor, the judgment shallinclude a direction that a writ of prohibition shall issue.


V Habeas corpus

Rule 36


36 Writ of procedendo

(1) When a writ of prohibition has been issued and it is afterwardsmade to appear to the Court or a Justice that relief ought to begiven against the judgment or order by which the writ wasawarded on a ground on which relief might be given against ajudgment in an action, the Court or Justice may direct that awrit of procedendo shall be issued commanding the judicialtribunal to which the writ of prohibition was issued to proceedto hear or determine the matter in question, or otherwiseproceed in the matter as if the writ of prohibition had not beenissued.

(2) The writ of procedendo shall be in the form numbered 56 in theFirst Schedule, or to the like effect.

37 Prohibition by order

Subject to paragraph (v) of section 75 of the Constitution of theCommonwealth, the prohibition may be expressed in an orderof the Court without the issue of a writ and the order shall havethe same effect as a writ of prohibition.

V Habeas corpus

38 Affidavit in case of habeas corpus

(1) Subject to the next succeeding subrule, in the case of anapplication for a writ of habeas corpus, an affidavit shall bemade by the person restrained showing that the application ismade at his instance and setting out the nature of the restraint.

(2) The last preceding subrule does not apply:(a) to an application made on behalf of an infant; or(b) when the person restrained is unable to make the affidavit.

39 Order for production of person in confinement forexamination or trial

The Court or a Justice may by order, and without the issue of awrit of habeas corpus, direct the production of a person in


Habeas corpus V

Rule 41


confinement, for the purpose of his examination as a witness orfor his trial, at a time and place named in the order.

40 Service

(1) A writ of habeas corpus or an order for production, directed toa person charged by law with the custody of persons in lawfulcustody or confinement or to a public officer, may be servedpersonally or by leaving the original with a servant, agent orofficer of the person to whom the writ or order is directed at theplace where the person in question is confined or detained.

(2) A writ of habeas corpus to which the last preceding subruledoes not apply shall be served personally unless an order forsubstituted service is made as provided for by Order 9, rule 3,and Order 62, rule 7.

(3) When a writ of habeas corpus is directed to more persons thanone, it shall be served in the same manner as a writ ofmandamus directed to several persons.

(4) A notice, directed to the person to whom the writ is addressed,shall be served with a writ of habeas corpus.

(5) The notice shall state:(a) the Court or Justice before whom, and the date on which,

the person restrained is to be brought;(b) that, in default of obedience, proceedings for attachment of

the party disobeying will be taken;(c) the acts to be done by the person on whom the notice is

served in obedience to the writ; and(d) the consequences of making default.

41 Direction as to return of writ

When the writ is ordered to issue, the Court or Justice by whomthe order is made shall give directions as to the Court or Justicebefore whom the writ is returnable, and the writ shall bereturnable immediately.


V Habeas corpus

Rule 42


42 Returns to writs of habeas corpus

(1) The person to whom a writ of habeas corpus is directed shall,at the time and place specified in the writ, make his return tothe writ.

(2) The return shall:(a) be endorsed upon or attached to the writ;(b) set out all the causes of the detention of the person named

in the writ; and(c) be filed in the Registry from which the writ issued.

43 Amendment of return

The return may be amended or another return substituted for itby leave of the Court or a Justice.

44 Proceedings on return

Upon the return of the writ, the return shall be read, and amotion shall then be made for the disposition of the personnamed in the writ or for amending or quashing the return.

45 Order of speeches

When the person in custody is brought up in accordance withthe writ, he or his counsel shall first be heard, then the persondenying his right to be discharged, or his counsel, and then thefirst-named person, or his counsel, in reply.

46 Discharge without writ

When an order to show cause has been made, the Court orJustice may, on the return of the order, direct the discharge orother disposition of the person in question without the issue ofa writ of habeas corpus, and such an order is as effectual as ifit had been made on the return of a writ.


Quo warranto VI

Rule 50


VI Quo warranto

47 Relator to be named

(1) Upon an application for an order for leave to exhibit aninformation of quo warranto, or for relief of a like nature, theapplicant shall state by affidavit that the application is to bemade at his instance as relator.

(2) The Court or a Justice may allow a new relator to be substitutedfor the original relator, on such terms as to costs or otherwiseas are just.

48 Form of information

(1) The information shall set forth the facts relied on by the relatoras invalidating the title of the defendant to the office inquestion in the same manner as in a statement of claim.

(2) An objection to the title of the defendant not set out in the ordernisi shall not be raised in the information without the leave ofthe Court or a Justice.

49 Signature and service of information

(1) The information shall be in the name of the Attorney-Generalfor the Commonwealth or the relator, as the case may be, onbehalf of Her Majesty, and shall be signed by the Attorney-General or relator.

(2) A copy of the information shall be served upon the defendant,or, if at the return of the order nisi he appeared by solicitor,then upon his solicitor.

50 Defence and subsequent proceedings

(1) The defendant shall plead to the information within the sametime, and in the same manner, as if the information were astatement of claim in an action.

(2) Thereupon the same proceedings shall be taken in all respectsas if the proceeding by information were an action in which therelator was the plaintiff and the defendant was the defendant.


VI Quo warranto

Rule 51


51 Judgment

If judgment is given for the Crown, the judgment shall awardthat the defendant be ousted from the office usurped by him.

52 Disclaimer

(1) The defendant may, if he thinks fit, disclaim the office inquestion.

(2) The disclaimer shall be:(a) signed by the defendant and attested by a person before

whom affidavits are authorized by Order 39 to be sworn ortaken; and

(b) filed in the Registry from which the information wasissued.

(3) A copy of the disclaimer shall be served on the relator withinthe time allowed for delivering a defence.

(4) The relator shall thereupon, unless the Court or a Justiceotherwise orders, be entitled to enter judgment of ouster withcosts, including the costs of the order giving leave to exhibitthe information.

53 Consolidation

(1) When proceedings by information of quo warranto, or forrelief of a like nature, are pending against several persons forusurpation of offices of the same nature, and upon the samegrounds of objection, the Court or a Justice may direct theproceedings to be consolidated, as in the case of otherproceedings, and for that purpose may make such orders as arejust.

(2) An order for consolidation or stay of proceedings against adefendant shall not be made upon the application of thatdefendant unless he undertakes to enter a disclaimer in theevent of judgment being given for the relator in the proceedingwhich is not stayed.

Committal for contempt of Court Order 56

Rule 2


Order 56 Committal for contempt ofCourt

1 Contempt in the face of the Court

(1) When it is alleged, or appears to the Court upon its own view,that a person has been guilty of contempt of Court, committedin the face of the Court or in the hearing of the Court, thepresiding Justice may, by oral order, direct that person to bearrested and brought before the Court forthwith, or may issue awarrant under his hand for the arrest of the accused person.

(2) When the accused person is brought before the Court, the Courtshall:(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, proceed, either forthwith or after

adjournment, to determine the matter of the charge; and(d) make such order for the punishment or discharge of the

accused person as is just.

(3) Unless the Court allows him to be discharged on bail, theaccused person shall be detained in such custody as the Courtor Justice directs until the charge is disposed of.

(4) The powers given by this rule are exercisable, mutatismutandis, by a Justice sitting in Chambers except that theaccused person shall be brought before a Justice or Justicessitting in Court, and he or they shall hear and determine thecharge and make the order.

2 In other cases

In a case to which the last preceding rule does not apply,application for punishment for contempt of Court shall be madeby motion, upon notice to the accused person, for an order thathe be committed to prison for his contempt.

Order 56 Committal for contempt of Court

Rule 3


3 Form of notice

The notice of motion shall:(a) specify the contempt of which the accused person is

alleged to be guilty; and(b) be entitled in the proceeding, if any, with reference to

which the contempt is alleged to have been committed, or,if it is not alleged to have been committed with referenceto a particular proceeding, shall be entitled “The Queenagainst” the accused person, naming him, ex parte theapplicant.

4 Service

The notice of motion shall be served personally unless theCourt or Justice otherwise orders.

5 Copies of affidavits to be served

Copies of the affidavits intended to be used upon theapplication to the Court shall be served with the notice ofmotion.

6 Arrest of contemnor likely to abscond

When it is made to appear to a Justice that:(a) a notice of motion for the committal of a person for

contempt has been filed; and(b) the accused person is likely to abscond or otherwise

withdraw himself from the jurisdiction of the Court;

the Justice may by his warrant direct that the accused personshall be arrested and detained in custody until he is broughtbefore the Court to answer the charge, unless he, in themeantime, gives security, in such sum as the Justice directs, forhis appearance in person to answer the charge and to submit tothe judgment of the Court.

Committal for contempt of Court Order 56

Rule 11


7 Form of warrant

A bench or other warrant or precept which may be required forthe arrest or detention of a person under these rules, or for thepurpose of giving effect to an order of committal, shall beaddressed to the Marshal, and may be issued:(a) where the arrest or detention is ordered or directed by the

Court, under the hand of the presiding Justice; or(b) in other cases, under the hand of the Justice.

8 Abolition of interrogatories

The accused person in proceedings for committal shall not beput to answer interrogatories.

9 Punishment

(1) Upon the hearing of an application for committal, the Courtmay impose a fine instead of ordering the accused person to becommitted to prison or may impose a fine in addition toordering his committal.

(2) When the Court imposes a fine, it may order that the accusedperson be imprisoned, or further imprisoned, until the fine ispaid.

10 Order of committal

When the accused person is ordered to be committed to prison,the order of committal shall specify the prison to which he is tobe committed.

11 Discharge

The Court may order the discharge of a person committed toprison for contempt notwithstanding that the time for which hewas ordered to be committed has not expired.

Order 56 Committal for contempt of Court

Rule 12


12 Costs

The costs of an application for committal shall be in thediscretion of the Court, whether an order for committal is madeor not.

Officers, and execution of process Order 57

Rule 4


Order 57 Officers, and execution ofprocess

1 Execution of process by Marshal etc

The Marshal or a Deputy Marshal charged with the service orexecution of a process shall serve or execute by himself or hisofficers any instrument issued from the Court which isaddressed to him and shall make such return of the service orexecution, as the case may be, as is required by the instrument.

2 Mode of making returns

The return shall be made by filing the original process in theRegistry from which the process was issued with a certificate,endorsed on or annexed to it, signed by the Marshal or DeputyMarshal and setting forth what has been done under theprocess.

3 Return of non est inventus

When a writ of summons or other process is delivered to theMarshal, Deputy Marshal or other officer appointed in thatbehalf for service upon a person, and the Marshal, DeputyMarshal or other officer is unable to find the person to beserved, he shall, if so required by the party by whom theprocess was delivered to him, return the process into Court inthe same manner as in the case of process of execution, with acertificate setting forth the inability.

4 Notice to Marshal to return writ

(1) Where:(a) notice from a person issuing a writ or obtaining an order

for attachment or committal, or, if he is represented by asolicitor, from his solicitor, calls upon the Marshal or hisDeputy to return the writ, to make his report or to bring inthe body within a time specified in the notice; and

Order 57 Officers, and execution of process

Rule 5


(b) the notice is not complied with;

that person may apply for an order for attachment of theMarshal or Deputy.

(2) The time to be specified in the notice shall not be less thanseven days.

5 Rules of Court

The Principal Registrar shall:(a) countersign all rules of Court made and promulgated by

the Justices;(b) cause copies of rules of Court, certified by him, to be

transmitted to the Attorney-General’s Department and tobe notified in the Gazette; and

(c) keep the originals of rules of Court, and of all rules andOrders made before the commencement of these rules, insafe custody.

6 General authority of Registrar

A Registrar shall have the general supervision of the officersemployed in the Registry of which he is Registrar, and shall,subject to these rules and any law, distribute their duties fromtime to time in such manner as he thinks fit, but so that whenan officer is appointed to discharge a special duty, that dutyshall be discharged by that officer.

7 Power of officers

(1) A writ or commission may be signed for a Registrar, and adocument may be received and filed, by an officer to whomsuch duties are assigned in a Registry.

(2) A judgment which is not actually settled by a Registrar may, inlike manner, be signed for a Registrar by an officer to whomthat duty is assigned.

Officers, and execution of process Order 57

Rule 8


8 Fees to be prepaid

A document in respect of which a fee is payable shall not bereceived, sealed or filed until the fee has been paid.

Order 58 Registries

Rule 1


Order 58 Registries

1 Taking of oaths and affidavits

A Registrar has, by virtue of his office, authority to take oaths,affirmations and affidavits for the purposes of the Court andproceedings in the Court.

2 Use of Seal

(1) The Seal of the High Court of Australia shall be affixed to:(a) rules of Court made by the Justices;(b) commissions issued by authority of the Court or a Justice,

whether under the authority of an Act or of rules of Court;(c) exemplifications of proceedings in the Court;(d) writs of certiorari, mandamus, prohibition and habeas

corpus;(e) documents issued from the Court for use outside the

Commonwealth, not being writs or other documents forservice on a party to a proceeding; and

(f) such other documents as the Court or a Justice in any casedirects.

(2) The Seal referred to in the preceding subrule shall be in theform represented hereunder.

Registries Order 58

Rule 5


3 Office Seal

(2) The Office Seal shall be affixed to all writs, process, judgmentsand orders, and to all other documents which are authorized tobe sealed, except as provided by the last preceding rule.

4 Issuing and filing writs etc

(1) If a person wishes to issue or file a writ, process, commission,petition, appeal or application authorized by law or by these orany other rules of Court, the person may prepare it (in theprescribed form, if any) and present it to the Registry for issueor filing.

(2) If it appears that the writ, process, commission, petition, appealor application is in proper form and that the person presentingit is entitled to have it issued or filed, the Registrar or theRegistrar’s clerk must do all that is required to issue or file thedocument.

(3) If the writ, process, commission, petition, appeal or applicationappears to a Registrar on its face to be an abuse of the processof the Court or a frivolous or vexatious proceeding orapplication, the Registrar must seek the direction of a Justicewho may direct the Registrar to issue or file it or to refuse toissue or file it without the leave of a Justice first had andobtained by the party seeking to issue or file it.

5 Sealed copies etc receivable in evidence

A copy, exemplification, certificate or other documentappearing to be sealed with a seal of a Registry shall bepresumed to be an office copy, exemplification, certificate orother document issued from that Registry, and, if it is dulystamped where a stamp is required, may be received inevidence, and no signature or other formalities, except thesealing with a seal of a Registry, shall be required for theauthentication of that copy, exemplification, certificate or otherdocument.

Order 58 Registries

Rule 6


6 Date upon documents filed

Upon every document which is filed in a Registry the date offiling it shall be noted.

7 Custody of papers

Each Registrar shall have the custody of such of the records ofthe Court as are kept in the Registry of which he is Registrarand of the documents filed in that Registry or ordered to bedeposited for safe custody, or impounded, in that Registry.

8 lndexes to files to be kept

(1) Proper indexes or calendars to the files or bundles ofdocuments filed in a Registry shall be kept so that they may beconveniently referred to when required.

(2) Any person shall, on payment of the prescribed fee, be entitled,during office hours, to search for, inspect and take a copy ofany documents filed in an office of the Registry, except:

(i) affidavits other than an affidavit which serves as anoriginating process, and

(ii) the annexures and exhibits to any affidavit

prior to the admission of any such affidavit, annexure or exhibitin evidence in Court.

9 Register of documents filed and steps taken

(1) In each Registry a record of all documents filed and all stepstaken in every proceeding in that Registry shall be kept,showing the dates of filing the documents and taking the stepsso that all steps in the proceeding are shown consecutively andin chronological order.

(2) The record shall, at all times during office hours, be accessibleto the public on payment of the prescribed fee.

Registries Order 58

Rule 15


10 Documents to be folded lengthwise

A document left at the office of a Registry to be filed shall beprinted, typewritten or written on not less than half a sheet offoolscap paper, folded lengthwise.

11 Reference on judgment etc to record

Each judgment, order, certificate, petition, affidavit ordocument made, presented, filed or used in a proceeding shallbe distinguished by having plainly written or stamped on itsfirst page the year and the number, if any, by which theproceeding is distinguished in the books kept at the Registry inwhich the proceeding is or was pending.

12 Dates of judgments etc to be entered in appropriatebooks

The date of every judgment, order and certificate made in everyproceeding shall be entered in the appropriate books in theRegistry in which the proceeding is or was pending.

13 Certificates to be filed

A certificate of a Registrar made in pursuance of a judgment ororder shall be filed in the Registry in which the judgment ororder is entered.

14 Production of records

(1) Except for the purpose of transmission between Registriesunder the High Court of Australia Act 1979 or the JudiciaryAct, a document shall not be taken out of a Registry withoutthe permission of the Court or a Justice.

(2) A subpoena for the production of a document in a Registryshall not be issued.

15 Fees of officer required to attend away from Registry

Where an officer of a Registry is required to attend with arecord or document at a sittings or at a court or place other than

Order 58 Registries

Rule 16


in or at the building where the Registry of which he is anofficer is situated, he may require that the solicitor or partydesiring his attendance shall:(a) deposit with him a sufficient sum of money to answer his

just fees, charges and expenses in respect of hisattendance; and

(b) undertake to pay any further just fees, charges andexpenses which may not be fully answered by the deposit.

16 Scandalous matter

The Court or a Justice may upon application, order that:(a) an affidavit or other document filed in a Registry which

contains scandalous matter shall be taken off the file; and(b) the costs of the application be paid by the party by whom

the affidavit or document was filed, or by his solicitor.

17 Directions to Registrar

A party may apply to the Court or a Justice ex parte in asummary way for a direction to a Registrar to do an act:(a) which he is bound or entitled to do;(b) which the party applying requires him to do; and(c) which he refuses to do.

18 Attendance of officer on Court

Any officer of the Court shall attend a sitting of a Full Court ora sitting of a Justice in Court on any occasion when he isrequired by the Court or the Justice to do so.

Sittings and vacations Order 59

Rule 4


Order 59 Sittings and vacations

1 Full Court

(1) Sittings of a Full Court shall be held in each year at such placesand on such days as are appointed by rule of Court for thatyear.

(2) Sittings of a Full Court may also be held at such places and onsuch days as may be specially appointed by the Chief Justice,or, if the office of Chief Justice is vacant or the Chief Justice isabsent from the Commonwealth or is on leave or unable toperform the duties of his office, by the senior Justice.

2 Sittings before single Justice

Sittings of single Justices in Court or in Chambers shall be heldat such places and on such days as are appointed by rule ofCourt, and may also be held at such places and on such days asa Justice thinks fit to sit in Court or in Chambers.

3 Postponement of sitting when Registry closed

If the day appointed for the commencement of a sitting is a dayon which the Registry of the Court at the place where thesitting is proposed to be held is closed in accordance with rule5 of this Order, the sitting shall commence upon the next dayon which that Registry is open.

4 Vacations

(1) There shall be two vacations in each year, namely, the LongVacation of seven weeks beginning on a day in December to beappointed annually by the Justices or a majority of them, andthe Winter Vacation of five weeks beginning on a day in Juneor July to be appointed annually in like manner.

(2) The days of the commencement and termination of each sittingand vacation shall be included in the sitting and vacationrespectively.

Order 59 Sittings and vacations

Rule 5


5 Holidays

(1) Subject to the next succeeding subrule, each Registry of theCourt shall be open during office hours on every day in the yearexcept:(a) Saturdays, Sundays, New Year’s Day, Good Friday, Easter

Monday, Easter Tuesday, Christmas Day, and the daysbetween Christmas Day and New Year’s Day inclusive.

(b) the day observed as a general public or bank holiday forthe birthday of the Sovereign in the place where eachRegistry is situated respectively;

(c) every day observed as a holiday in the CommonwealthPublic Service, or duly appointed as a general public orbank holiday in the State or Territory where each Registryis situated respectively and observed by the SupremeCourt of that State or Territory as a Court holiday; and

(d) such other days as may be appointed from time to time bythe Chief Justice.

6 Office hours

(1) The office hours in each Registry shall be from nine o’clock inthe forenoon until one o’clock in the afternoon, and from twoo’clock in the afternoon until four o’clock in the afternoon.

7 [Opening for urgent business]

A Registry may in the discretion of the Registrar, and shall onthe direction of a Justice, be opened at any time for urgentbusiness.

Time Order 60

Rule 3


Order 60 Time

1 Month means calendar month

Where by these rules, or by a judgment or order, the time fordoing an act is limited by months, and where the word monthoccurs in a document which is part of any legal procedureunder these rules, the time shall be computed by calendarmonths, unless otherwise expressed.

2 Exclusion of Sundays etc

Where a limited time less than six days from or after a date oran event is appointed or allowed for doing an act, Sunday,Christmas Day, Good Friday, and any other day on which theRegistry of the Court is not open in the State or Territory wherethe act is to be done, shall not be reckoned in the computationof that limited time.

3 Time expiring on Sunday or close day

(1) Where:(a) the last day prescribed or allowed by these rules, or by a

judgment or order of the Court or a Justice, for doing anact or filing a document expires on a Saturday or Sundayor other day on which the Registry is not open in the Stateor Territory where the act is to be or may be done or thedocument is to be or may be filed; and

(b) by reason of the Registry not being so open the act cannotbe done or the document cannot be filed on that day;

the act shall, so far as regards the time of doing it, be held to beduly done, and the document shall in like manner be held to beduly filed, if done or filed, as the case may be, on the day onwhich that Registry is next open.

Order 60 Time

Rule 4


(2) When the time for entering an appearance expires on a daybetween the twenty-fourth day of December and the first day ofJanuary, both inclusive, that time shall extend up to and includethe tenth day of January.

4 Taking of proceedings in vacation

Unless the Court or a Justice otherwise directs, the LongVacation shall be excluded in reckoning any period prescribedby these rules or by any order or direction for serving, filing oramending any pleading.

5 When time for giving security for costs not to bereckoned

The day on which an order for security for costs is served, andthe time thenceforward until and including the day on whichthe security is given, shall not be reckoned in the computationof time allowed to a party, other than the party ordered to givethe security, to plead, answer interrogatories or take any otherstep.

6 Power of Court or Justice to enlarge or abridge time

(1) A Court or Justice may enlarge or abridge the time appointedby these rules or fixed by an order of the Court or a Justice fordoing an act upon such terms, if any, as the justice of the caserequires.

(2) An enlargement of time may be ordered although theapplication for it is not made until after the expiration of thetime appointed or fixed.

(3) When the time for delivering a pleading or document, for filingan affidavit, answer or document or for doing an act is or hasbeen fixed or limited by these rules, or by a direction on orunder a summons for directions or by an order of the Court or aJustice, the costs of an application to extend that time, and ofan order on the application, shall be borne by the party makingthe application, unless the Court or a Justice otherwise orders.

Time Order 60

Rule 9


7 Enlargement of time by consent

The time for delivering, amending or filing a pleading, answeror other document may be enlarged by consent in writingwithout application to the Court or a Justice.

8 Appointment of early day for trial in Admiralty actions

(1) In an Admiralty action, the Court or a Justice may at any stage,upon a motion or summons by a party for the trial to take placeon an early day to be appointed by the Court or a Justice,appoint that the trial shall take place on such day, or withinsuch time, as the Court or Justice thinks fit.

(2) For that purpose the Court or Justice may, upon the motion orsummons, dispense with the giving of notice of trial or abridgethe time or times appointed by these rules for giving the notice,for the delivery of pleadings, or for doing any other act, uponsuch terms as are just.

9 No service on Sunday etc and time of day of service

(1) Service of pleadings, notices, summonses, orders, rules andother documents, other than a warrant, shall not be made onSunday, Christmas Day or Good Friday.

(2) Service of pleadings, notices, summonses, orders, rules andother documents effected after four o’clock in the afternoon ona weekday, other than Friday or Saturday, shall, for the purposeof computing a period of time subsequent to the service, bedeemed to have been effected on the day following the day ofservice.

(3) Service effected after four o’clock in the afternoon on Friday,and service effected on Saturday, shall be deemed to have beeneffected on the day on which the Registry in the State orTerritory where the service is effected is next open.

Order 60 Time

Rule 10


10 Reckoning of time

Where a period of time dating from or after a given day, act orevent is prescribed or allowed by these rules, or by a judgmentor order of the Court or a Justice, for any purpose, the timeshall, unless the contrary intention appears, be reckonedexclusive of that day or of the day of that act or event.

11 Number of days, how computed

(1) Where a particular number of days, not expressed to be cleardays, is prescribed by these rules, they shall be reckonedexclusive of the first day and inclusive of the last day.

(2) Whenever the expression clear days is used in these rules, thedays shall be reckoned exclusive of the first and last day and ofany day on which the Registry of the Court in the State orTerritory in which the act is to be done is not open.

12 Delays of one year and 6 years in taking steps

(1) In a proceeding in which a step has not been taken for one year,the party who desires to proceed shall give one month’s noticeto every other party of his intention to proceed.

(2) When six years have elapsed from the time when the last stepin a proceeding was taken, a fresh step shall not be takenwithout an order of the Court or a Justice, which may be madeeither ex parte or upon notice.

(3) For the purposes of this rule:(a) a summons on which an order has not been made shall not

be deemed a step taken; and(b) notice of trial, although avoided by non-entry or

countermanded, shall be deemed a step taken.

13 Time for applications to set aside awards

An application to set aside or remit an award may be made atany time within six weeks after the award has been made andpublished to the parties.

Notices, printing, paper, copies etc Order 61

Rule 4


Order 61 Notices, printing, paper,copies etc

1 Interpretation

In this Order, unless the contrary intention appears, print andderivatives of that word include any form of reproductionwhich complies with the next succeeding rule.

2 Regulations for printing

Where by any provision of these rules a document is requiredor allowed to be printed, that document may be either printedor reproduced, subject to the provisions of rule 4 of this Order,by roneograph or some other multigraphing process whichgives uniform facsimile pages of clear, sharp and legible type.

3 Notices to be in writing

A notice or consent required or allowed by these rules shall bewritten, typewritten or printed unless expressly authorized bythe Court or a Justice to be given orally.

4 Requirements as to documents

(1) Subject to the preceding rules of this Order, a writ, summons,petition, notice, consent, pleading, affidavit, deposition,certificate, judgment, order, account, bill of costs, copy, paperor other document required or allowed by these rules, ordelivered to a party or person, or filed or left in a Registry or atChambers or with an officer of the Court, or otherwise, for usein or in connexion with a proceeding, shall, unless the nature ofthe document renders it in any respect impracticable:(a) be legibly and clearly written, typewritten or printed,

without blotting, erasure or such alteration as to causematerial disfigurement;

(b) have a space of not less than a quarter of an inch betweeneach line;

Order 61 Notices, printing, paper, copies etc

Rule 5


(c) be upon paper of the size known as International PaperSize A4, that is to say, measuring approximately 113/4

inches by 81/4 inches, of good and durable quality andcapable of receiving ink writing;

(d) be upon one side only of the paper with a quarter marginupon the left hand side of each sheet;

(e) be folded lengthwise;(f) have each page, and every tenth line on each page,

numbered in the margin; and(g) have a backsheet upon which appears the number, if any,

and title of the proceeding, a short description of thedocument and the name and address of the solicitor, if any,delivering, filing, leaving or using the document.

(2) The Registrar may refuse to file or accept a document to whichthe last preceding subrule applies if it does not comply with theprovisions of that subrule, and the costs of the document maybe disallowed upon taxation.

(3) A written or typewritten copy of a document to which subrule(1) of this rule applies shall not be filed, registered or markedas an office copy unless it is a first black ink copy.

5 Where copies to be printed or typewritten

(1) When five or more copies of a document which contains morethan ten folios are required for use in proceedings in the Court,or where all parties consent, copies of the document may beprinted or typewritten, but, if the Court or a Justice so directs,they shall be printed and not typewritten.

(2) Where five or more copies of a document which contains morethan ten folios are required for use in any proceeding in theCourt, and the copies have not been printed, the taxing officermay disallow the whole or a part of any sum by which the costof the copies exceeds the sum for which they could have beenprinted.

6 Affidavits

An affidavit may be sworn to either wholly or partly in, or inany combination of, print, typewriting or writing.

Notices, printing, paper, copies etc Order 61

Rule 9


7 Deposition for use at trial

Where a written deposition of a witness has been filed, thedeposition shall be printed or typewritten unless otherwiseordered.

8 When depositions and affidavits previously usedwithout being printed or typewritten

The provisions of these rules as to printing or typewritingdepositions and affidavits to be used on a hearing or trial do notapply to a deposition or affidavit which has previously beenused upon a proceeding without having been printed ortypewritten.

9 Copies furnished to other parties

(1) Where a copy or copies of a document to which rule 4 or thisOrder applies is or are required by a party, the party on whosebehalf the document has been delivered, filed, left or used shallfurnish to the party requiring the copy or copies any number ofprinted or typewritten copies, not exceeding ten, upon paymentat the rate of six pence per folio for each copy.

(2) As between a solicitor delivering the printed or typewrittencopies and his client, credit shall be given by the solicitor forthe whole amount payable by the other party for those copies.

(3) A party entitled to be furnished with a printed or typewrittencopy or copies shall not be allowed any charge in respect of awritten copy, unless the Court or a Justice otherwise directs.

(4) The party requiring a copy or copies of a document under thisrule, or his solicitor, shall make a written application to theparty by whom the copy or copies is or are to be furnished, orto his solicitor, with an undertaking to pay the proper charges,and thereupon the copy or copies shall be made and be ready tobe delivered, as soon as reasonably practicable, upon paymentof the proper charges.

Order 61 Notices, printing, paper, copies etc

Rule 10


(5) If the copy or copies is or are not delivered within seventy-twohours of the application, the party requiring it or them mayapply to a Justice, who may make such order as he thinksproper.

(6) The name and address of the party or solicitor by whom a copyis furnished shall be endorsed on the copy in like manner asupon a document in proceedings in the Court, and the party orsolicitor shall be answerable for the copy being a true copy ofthe original, or of an office copy of the original, of which itpurports to be a copy, as the case may be.

10 Copies of affidavits on ex parte applications

(1) Where upon an ex parte application an order is made against oraffecting the rights of a person, that person may obtain a copyof the affidavits filed by the applicant in support of hisapplication in the manner provided by the last preceding rule.

(2) The party who made the application shall furnish the copiesupon payment of the proper charges immediately upon thereceipt of the written request and undertaking mentioned in thelast preceding rule, or within such time as may be specified inthe request or may be directed by the Court or a Justice.

11 Minute book in Admiralty actions

In Admiralty actions, a record of all actions commenced andappearances entered, of all instruments and documents issuedor filed, of all acts done, and of all judgments and orders madein the action, whether made by the Court or a Justice or byconsent of the parties, shall be entered, in order of date underthe head of each Admiralty action, and on a page numberedwith the number of the action, in a book to be kept in eachRegistry called the Admiralty Minute Book.

Service Order 62

Service of orders etc I

Rule 3


Order 62 Service

I Service of orders etc

1 Showing original order on service

(1) Except in the case of an order for attachment, it is not necessaryto the regular service of a judgment or order that the originaljudgment or order be shewn if an office copy of it is exhibited.

(2) When it is intended to enforce obedience to a judgment ororder by process of attachment, the judgment or order shall beserved personally upon the person against whom the process isto be sought.

2 Where personal service required

Except where otherwise required by or pursuant to these rules,personal service of a judgment or order, or of notice of ajudgment or order, is not necessary.

3 Mode and time of service where not personal

(1) A writ, notice, pleading, order, summons, warrant or otherdocument, in respect of which personal service is not requiredby these rules or otherwise, may be served by being left at theaddress for service of the person to be served with a personapparently above the age of sixteen years resident at orbelonging to that place, or by posting in a pre-paid registeredenvelope properly addressed to the person to be served at hisaddress for service.

(2) Where service under this rule is made by registered post, thetime at which the document so posted would be delivered in theordinary course of post shall be deemed to be the time ofservice of the document.

Order 62 Service

I Service of orders etc

Rule 4


4 Service of notice from Registry

(1) A notice sent from a Registry may be sent by post.

(2) The time at which the notice so posted would be delivered inthe ordinary course of post shall be deemed to be the time ofservice of the notice.

(3) The posting of the notice is a sufficient service.

5 Service where no appearance or no address forservice

(1) Where:(a) an appearance has not been entered for a party;(b) a party or his solicitor, as the case may be, has not given

an address for service as required by these rules;(c) a plaintiff sues in person and a person cannot be found at

the address for service given by him; or(d) a solicitor who has acted for a party in a proceeding has

ceased so to act and the party has not given a fresh addressfor service;

a writ, notice, pleading, order, summons, warrant or otherdocument, in respect of which personal service is not requiredby these rules or otherwise, may be served by filing it with theproper officer of the Court.

(2) A document so filed shall:(a) bear an endorsement on the outside in the following

words: “Filed in default of appearance” (or as the case maybe); and

(b) be posted up, and remain posted up for fourteen days, inthe Registry in which it is filed.

6 Manner of personal service

Where personal service of a writ, notice, pleading, order,summons, warrant or other document is required by these rulesor otherwise, the service shall be effected as nearly as may bein the manner prescribed for the personal service of a writ ofsummons.

Service Order 62

Admiralty actions II

Rule 11


7 Substituted service

(1) Where personal service of a writ, notice, pleading, summons,order, warrant or other document is required by these rules orotherwise, and it is made to appear to the Court or a Justice thatprompt personal service cannot be effected, the Court or Justicemay make such order for substituted or other service, or for thesubstitution for service of notice by telegram, letter, publicadvertisement or otherwise, as is thought proper.

(2) Service effected in accordance with an order for substitutedservice has the same operation as personal service.

8 Service upon solicitor of person not a party

When a person who is not a party appears in a proceedingeither before the Court or in Chambers, service in the placewhere the Registry in which the proceeding is pending issituate upon the solicitor, if any, by whom the person appears,whether the solicitor acts as principal or agent, shall be deemedgood service except in matters requiring personal service.

9 Affidavits of service

An affidavit of service shall state when, where, how and bywhom the service was effected, and, in the case of a writ ofsummons or other originating process, the date on which theendorsement required by Order 9, rule 15, was made.

II Admiralty actions

10 Service of instrument

An instrument requiring to be served shall be served withintwelve months from the day on which it bears date, otherwisethe service of the instrument is not valid.

11 Service of warrants etc by Marshal

A warrant or other instrument required to be served or executedby the Marshal or Deputy Marshal shall be left by the party

Order 62 Service

II Admiralty actions

Rule 12


taking it out in the Registry with written instructions for itsservice or execution.

12 Verification of service

(1) The service or execution of an instrument by the Marshal orDeputy Marshal, or any other officer charged with the serviceor execution of process, shall be verified by his certificate.

(2) The certificate shall state by whom the instrument has beenserved or executed and the date and mode of service orexecution, and shall be signed by the Marshal, Deputy Marshalor that other officer, as the case may be.

(3) The service of an instrument by a solicitor, or by his clerk oragent, or by any other person, shall be verified by an affidavit.

Staying proceedings Order 63

Rule 4


Order 63 Staying proceedings

1 General authority to stay

The Court or a Justice may, at any time after the institution of aproceeding, direct a stay of proceedings, either as to the wholeor part of the proceeding or as to any proceedings under ajudgment or order given or made in the proceeding.

2 Stay of proceedings on ground of abuse of process

An application to stay proceedings on the ground that there isnot a reasonable or probable cause of action or suit, or that theproceeding is vexatious and oppressive or is an abuse of theprocess of the Court, may be made at any time and whether theplaintiff does or does not admit the allegations of fact, if any,on which the application is founded.

3 Stay of proceedings instituted by next friend

The Court or a Justice may stay a proceeding which has beenimproperly instituted in the name of a person by a next friend.

4 Withdrawing juror

When, at the trial of an action before a Justice with a jury, ajuror is withdrawn with the consent of the parties, thewithdrawal has the effect of an order by consent for the stayingof the proceeding, except so far as the Court or Justice at thetime of the withdrawal, and with the consent of the parties,otherwise orders.

Order 63 Staying proceedings

Rule 5


5 Staying action until costs paid

When an action is discontinued or dismissed for want ofprosecution and, before payment of the costs, a subsequentaction is brought for the same, or substantially the same, causeof action, the Court or a Justice may order that proceedings inthe subsequent action shall be stayed until the costs have beenpaid.

6 Vexatious proceedings

(1) Upon the application of a Law Officer, or the AustralianGovernment Solicitor or of the Principal Registrar of the Court,the Court or a Justice, if satisfied that a person, or anotherperson in concert with that person, frequently and withoutreasonable ground has instituted vexatious legal proceedings,may, after hearing that person or that other person or givinghim an opportunity of being heard, order that he shall not,without the leave of the Court or a Justice, begin any actionappeal or other proceeding in the Court.

(2) Leave shall not be given under this rule unless the Court or aJustice is satisfied that the proceedings are not an abuse of theprocess of the Court and that there is prima facie ground for theproceedings.

Effect of non-compliance Order 64

Rule 4


Order 64 Effect of non-compliance

1 Non-compliance with Rules not to renderproceedings void

(1) Subject to the next succeeding subrule, non-compliance withthese rules or with a rule of practice for the time being in force,does not render any proceedings void unless the Court or aJustice so directs.

(2) The proceedings may be set aside, either wholly or in part, asirregular, or may be amended or otherwise dealt with in suchmanner and upon such terms as the Court or Justice thinks fit.

2 Court may relieve from consequences ofnon-compliance

The Court or a Justice may at any time, upon such terms as arejust, relieve a party from the consequences of non-compliancewith these rules or with a rule of practice for the time being inforce.

3 Application to set aside for irregularity, when allowed

An application to set aside proceedings for irregularity shall notbe allowed:(a) unless the application is made within reasonable time; or(b) if the party applying has taken a fresh step after knowledge

of the irregularity.

4 Objections of irregularity

Where an application is made to set aside proceedings forirregularity, the several objections intended to be relied uponshall be stated in the summons or notice of motion.

Order 64 Effect of non-compliance

Rule 5


5 Forms

The several forms in the First Schedule may, and, in a case inwhich it is so required by these rules, shall, be used for theseveral purposes to which they are respectively applicable, withsuch variations as the circumstances require.

Election petitions Order 68

Rule 3


Order 68 Election petitions

1 Interpretation

In this Order, member includes senator and member of theHouse of Representatives.

2 Application of rules

These rules, so far as they are applicable and are notinconsistent with this Order, extend and apply to proceedings inthe Court in the exercise of its jurisdiction as the Court ofDisputed Returns.

2A Form for petition

A petition disputing an election or return must be in the formnumbered 70 in the First Schedule.

3 Publication

The petitioner shall, forthwith after the filing of a petition:(a) publish a copy of the petition in the Commonwealth

Gazette and in the official Gazette of the State in whichthe election was held; and

(b) in the case of an election of a member of the House ofRepresentatives, publish in some newspaper circulating inthe Electoral Division for which the election was held anotice setting forth the fact of the filing of the petition, thedate of filing, the name of the petitioner, the nature of therelief claimed and, as concisely as may be, the grounds onwhich the election is disputed.


Rule 4


4 Address for service

(1) A person who has been returned as a member may file in theRegistry in the State or Territory in which the election was helda notice in writing signed by him stating an address for serviceupon him of a petition under this Order.

(2) The address for service shall comply with the provisions ofOrder 4.

5 Service of petition

(1) The petitioner shall, within twenty-eight days after the filing ofthe petition, or within such further time as a Justice allows,cause an office copy of the petition to be served upon everyperson whose election or return is disputed by the petition.

(2) Service of the office copy of the petition under this rule may beeffected either:(a) personally; or(b) in accordance with the provisions of Order 62, rule 3.

6 Appearances

(1) A person returned as a member whose election or return isdisputed by a petition shall, within fourteen days after serviceof the petition, and a person who voted or had a right to vote atthe election to which the petition relates may, within fourteendays after the publication of the petition in the official Gazetteof the State in which the election was held, enter an appearanceto the petition.

(2) A person so entering an appearance shall be deemed to be aparty to the proceedings upon the petition.

7 Particulars of votes objected to

(1) When the petition, not being a petition merely claiming a freshcount of the votes actually counted at the election, claims theseat for a person who has not been returned as a member,alleging that that person had a majority of valid votes, eachparty shall, seven days before the day appointed for the trial ofthe petition, file in the Registry and deliver to the opposite

Election petitions Order 68

Rule 10


party at his address for service a list of the ballot-papers orclasses of ballot-papers intended to be claimed or objected to,specifying, in the case of ballot-papers objected to, the groundof objection on which he intends to rely.

(2) An objection shall not be entertained against the validity of aballot-paper upon a ground not specified in the lists so filed anddelivered except by leave of the Court or a Justice, and uponsuch terms as to amendment of the list, adjournment of the trialand payment of costs, as the Court or Justice orders.

8 Counter-charges

(1) When a petition claims a seat for a person who has not beenreturned as a member and a party respondent desires to contendthat the person for whom the seat is claimed was not dulyelected upon some grounds other than those mentioned in thelast preceding rule, he shall, within seven days after enteringhis appearance, or within such further time as the Court or aJustice allows, file in the Registry and deliver to the petitionerat his address for service a statement of the grounds on whichhe intends to rely.

(2) The statement shall set forth the grounds in the same manner inwhich facts relied on to invalidate an election or return arerequired to be set forth in a petition.

9 Particulars

The Court or a Justice may order a party to the proceedingsupon a petition to deliver to another party particulars, or furtherand better particulars, of a matter alleged by that party.

10 Trial

(1) The trial of a petition under this Order shall be held at a timeand place to be appointed by the order of a Justice on theapplication of a party to the petition.

(2) Fourteen days’ notice of trial shall be given by the partyobtaining the order to the other parties to the petition, and shallbe advertised by the petitioner in some newspaper circulating inthe State or Electoral Division for which the election was held.


Rule 11


(3) An order appointing the time and place of trial may be variedfrom time to time.

11 Withdrawal of petition and substitution of anotherpetitioner

(1) A petition may be withdrawn by leave of the Court or a Justiceupon such terms as the Court or Justice thinks fit.

(2) Fourteen days’ notice of the intention to apply for leave underthe last preceding subrule shall be given by the petitioner byadvertisement in some newspaper circulating in the State orElectoral Division for which the election was held.

(3) At the hearing of the application, the Court or Justice mayallow any other person who was competent to file a petition onthe like grounds to be substituted for the petitioner, and theproceedings upon the petition shall thereupon be continued asif the person so substituted had been the original petitioner.

12 Abatement by death of petitioner

When a sole petitioner dies before the trial of the petition, theCourt or a Justice may allow some other person who wascompetent to file a petition on the same grounds to besubstituted as petitioner and the proceedings upon the petitionshall thereupon be continued as if the person so substituted hadbeen the original petitioner.

Proceedings upon indictments filed without previous examination orcommitment for trial

Order 69

Rule 3


Order 69 Proceedings upon indictmentsfiled without previousexamination or commitmentfor trial

1 Service of indictment

(1) When an indictment has been filed by the Attorney-Generalwithout examination or commitment for trial, an office copy ofthe indictment shall be served upon the accused person.

(2) A summons shall be endorsed upon the office copy of theindictment, under the hand of a Registrar and the seal of theCourt, requiring the accused person to appear to the indictmentwithin the same time after the service within which he wouldbe required to enter an appearance after the service of a writ ofsummons in a civil action.

(3) The summons shall be endorsed upon the office copy whether awarrant for arrest is issued or not.

(4) A notice shall be added to the summons informing the accusedperson that, in default of his compliance with the exigency ofthe summons, a warrant may be issued for his arrest.

2 Appearance

The accused person shall, within the time limited by thesummons, enter an appearance in the Registry named in thesummons in that behalf, and deliver a copy of the appearanceforthwith at the office of the Crown Solicitor for theCommonwealth, or his agent, in the State or Territory in whichthat Registry is situated.

3 Default of appearance

If the accused person does not enter an appearance, a warrantmay be issued for his arrest.

Order 69 Proceedings upon indictments filed without previous examination orcommitment for trial

Rule 4


4 Evidence for warrant

An application for a warrant to arrest the accused shall besupported by affidavit.

5 Form of warrant

The warrant shall be addressed to the Marshal and shall requirehim to keep the accused in safe custody until the timeappointed for the trial of the indictment, and then to bring himbefore the Court at the time and place appointed for the trial.

6 Service of indictment

An office copy of the indictment, endorsed in accordance withrule 1 of this Order, shall be delivered to the accused at thetime of arrest.

7 Applications for bail

An application for bail may be made to a Justice sitting inChambers.

8 Time and place of trial

When the accused person enters an appearance, either partymay, on notice to the other party, apply to a Justice to appointthe time and place of trial.

Applications for leave or special leave to appeal Order 69A

Rule 2


Order 69A Applications for leave orspecial leave to appeal

1 Interpretation

In this Order, unless the contrary intention appears:

applicant, in relation to an application, means the personmaking the application.

application means an application for leave or special leave toappeal to the Court and for the purpose of rule 14 includes anapplication filed prior to 1 January 1997.

Court below means the Court, Justice or Judge pronouncing thejudgment below.

indictment includes an information or other process setting outthe offence with which an applicant was charged before thecourt first recording a conviction or sentence.

judgment includes an order, a conviction and a sentence.

judgment below, in relation to an application, means thejudgment from which it is sought to appeal.

parties means an applicant and any respondent who has filed anappearance.

respondent, in relation to an application, means a person whois required to be served with the application other than theproper officer of the Court below.

unrepresented person means an applicant or respondent to anapplication for leave or special leave to appeal who does nothave legal representation.

2 Initiation of application

(1) An application shall be in the form numbered 61 in the FirstSchedule.

(2) An application shall be accompanied by the followingdocuments:(a) the judgment of the Court below;

Order 69A Applications for leave or special leave to appeal

Rule 3


(b) the reasons for the judgment below;(c) if the judgment below determines an appeal or reviews a

decision:(i) a copy of the primary judgment or decision; and

(ii) the reasons (if any) of the primary court ordecision-maker that were before the Court below;

(d) in a criminal case:(i) the indictment, the summing-up or charge; and

(ii) if the application relates to the sentence imposed onthe applicant — the judge’s remarks on sentencing;

(e) such other documents, if any, as are necessary for theproper determination of the application.

3 Time for filing application

(1) An application shall be filed within 28 days after the judgmentbelow was pronounced.

(2) Where an application is not filed within the time limited bysubrule (1), an order shall be sought in the application thatcompliance with subrule (1) be dispensed with.

(3) Subject to any other direction which may be given by theRegistrar, the application shall be filed in the office of theRegistry in the State or Territory in which the proceedings inthe Court below were commenced.

4 Service

(1) A copy of the application and of the documents filed undersubrule 2 (2) shall be served on each respondent within 7 daysafter filing the application.

(2) A copy of the application shall be served on the Registrar orother proper officer of the Court below within 7 days afterfiling the application.

(3) Service of any document under this rule may be effected:(a) in the manner provided by these rules for the service of

documents; or


Rule 8


(b) by leaving a copy at the address for service, if any, of theparty to be served in the proceedings from which theapplication is brought.

5 Appearance

(1) A respondent opposing or intending to appear on the hearing ofan application shall, within 14 days of service of theapplication, file an appearance and serve a copy on theapplicant.

(2) A respondent’s appearance shall be in the form numbered 63 inthe First Schedule.

6 Summary of argument — applicant

(1) The applicant shall, within 28 days after filing an application,file and serve a summary of argument and a draft notice ofappeal on any party who has filed a notice of appearance.

(2) The applicant’s summary of argument shall be in the formnumbered 62 in the First Schedule.

(3) The applicant’s draft notice of appeal shall be in the formnumbered 65 in the First Schedule.

7 Summary of argument — respondent

(1) A respondent shall, within 21 days after service of theapplicant’s summary of argument, file and serve a summary ofargument.

(2) A respondent’s summary of argument shall be in the formnumbered 62A in the First Schedule and shall state conciselythe points in issue between the applicant and the respondent.

8 Summary of argument — general

(1) A summary of argument shall not exceed 10 pages in length,and shall be signed by a legal practitioner on behalf of theapplicant or the respondent or, in the case of an unrepresentedparty, by the party personally.


Rule 9


(2) If it is proposed that the party will appear and present oralargument, the summary of argument shall so state.

(3) A supplementary summary of argument may be filed only withthe leave of the Court or a Justice or the Registrar.

9 Reply

(1) An applicant may, within 7 days of service of a respondent’ssummary of argument, file and serve a reply.

(2) A reply shall not exceed 5 pages in length, and shall be signedby a legal practitioner on behalf of the applicant or, in the caseof an unrepresented applicant, by the applicant personally.

10 Application book

(1) For the purpose of an application, there shall be an applicationbook.

(2) The contents of the application book shall be in accordancewith an index settled by the Registrar after consultation withthe parties.

(3) The index shall list such documents as will enable the Court todetermine the application.

(4) The pages of the documents will be numbered consecutivelyand, in the case of any documents referred to by original pagenumbers in the summaries of argument, shall also bear thosepage numbers.

(5) The Registrar shall furnish a copy of the index to each party tothe application.

(6) A copy of an index may be sent by post or by facsimiletransmission.

(7) Unless the contrary be shown, the time at which the index soposted would be delivered in the ordinary course of post shallbe deemed to be the time of receipt of the index or, if the indexwas transmitted by facsimile, the time of transmission shall bedeemed to be the time of receipt of the index.


Rule 12


(8) The applicant shall prepare an application book in the likemanner and form as is required in the case of an appeal book inrule 12 of Order 70.

(9) Within 30 days after the receipt of the index, or such other timeas a Justice or the Registrar may order or direct, the applicantshall:(a) prepare and file 7 copies of the application book; and(b) supply 3 copies of the application book to each

respondent.

(10) If, on the hearing of an application, a party intends to refer to adocument which is not included in the application book, thatparty shall give notice to each other party not less than 3working days before the date fixed for the hearing.

11 Time limitation on oral argument

(1) If an application is listed for hearing, a party who is present atthe hearing, or a legal practitioner on behalf of a party, mayappear and, subject to the next succeeding subrule, present oralargument.

(2) The time allocated to the parties for oral argument on thehearing of an application shall be as the Court orders or, indefault of any order, shall be as follows:(a) applicant — 20 minutes;(b) respondent — 20 minutes;(c) applicant in reply — 5 minutes;

provided that the Court may extend the time allocated to eitherparty as the Court thinks fit.

12 Discontinuance of application

(1) An applicant may discontinue an application by filing a noticeof discontinuance in the form numbered 64 in the FirstSchedule and by serving the notice on the respondent.


Rule 13


(2) Unless the Court or a Justice has otherwise ordered, anapplicant who discontinues an application shall pay therespondent’s costs, in respect of the application, and such costsshall be taxed, unless agreed.

(3) Production of the notice of discontinuance initialled by theRegistrar shall be sufficient authority for the taxation of costs.

(4) Subrules (2) and (3) apply only to applications for leave orspecial leave to appeal in civil matters in which there is nostatutory prohibition against, or limitation of, an award of costsin favour of the respondent.

13 Deemed abandonment of application by delay

(1) Where an applicant fails to comply with subrules 4 (1), 4 (2),6 (1) or 10 (9) within six months after filing the application, theapplication shall be deemed to be abandoned, unless the Courtor a Justice or Registrar has otherwise ordered or directed.

(2) On a request by the respondent, a certificate of deemedabandonment shall be provided by the Registrar and thereuponsubrules 12 (2), (3) and (4), with the necessary adaptation, shallapply.

14 Directions by Registrar

(1) At any time, after the filing of an application, the Registrar maygive directions as to any matter which appears to the Registrarto be a convenient matter upon which to give directions.

(2) The directions referred to in subrule (1) may be given without ahearing provided that the Registrar may, at any time, issue asummons requiring the parties to an application to attendbefore the Registrar, and any party to an application may apply,at any time, for an appointment with the Registrar.

15 Determination of application on written material

(1) A party may, in his or her summary of argument, elect not topresent oral argument.


Rule 15


(2) Where an application is listed for hearing and it appears to theCourt or a Justice that a party is likely to be unable, or that it islikely to be impracticable for a party, to appear personally or bya legal representative to present oral argument, the Court maydirect that the party’s case be considered on the basis of his orher summary of argument and any reply without oral argumentfrom that party.

(3) Nothing in subrule (2) prevents any other party from presentingoral argument.

Order 70 Appeals

Rule 1


Order 70 Appeals

1 Interpretation

In this Order, unless the contrary intention appears:

appeal means an appeal to the Court.

appellant in relation to an appeal, means the person appealing.

certificate to appeal means a certificate granted by the FullCourt of the Family Court under Section 95 of the Family LawAct.

Court below means the Court pronouncing the judgmentbelow.

judge includes a Justice of the High Court of Australia.

judgment includes an order, a conviction and a sentence.

judgment below, in relation to an appeal, means the judgmentfrom which the appeal is brought.

Justice means a Justice of the High Court of Australia.

respondent, in relation to an appeal, means a person who hasbeen served with a notice of appeal.

2 Institution of appeals

(1) An appeal shall be instituted by filing a notice of appeal.

(2) A notice of appeal shall:(a) be in the form numbered 65 in the First Schedule;(b) state the name of the Court below, or the judge

pronouncing the judgment below, and the date when thejudgment below was given;

(c) where applicable, state the date on which leave or specialleave or a certificate to appeal was granted;

(d) when leave or special leave has been granted on terms, setout the particulars of those terms;

(e) state whether the whole, or part only and what part, of thejudgment below is appealed from;

Appeals Order 70

Rule 5


(f) briefly, but specifically, set out the grounds of appealwhich, where applicable, shall not depart from those setout in the draft notice of appeal furnished to the Court onthe hearing of the application for special leave to appeal,unless the Court or a Justice otherwise orders.

(g) specify the nature of the order that the appellant contendsshould be made by the Court, including any special orderas to costs.

3 Time for filing

A notice of appeal shall be filed within 21 days after:(1) the grant of leave or special leave to appeal;(2) the grant of a certificate to appeal; or(3) the date of the judgment below;

whichever is the latest.

4 Place for filing

A notice of appeal shall be filed in the office of the Registry inthe State or Territory in which the proceedings in the Courtbelow were commenced.

5 Service

(1) A notice of appeal shall be served on each person named as arespondent to the appeal within the time limited by rule 3.

(2) The Court or a Justice may direct that the notice of appeal beserved on any other person who shall thereupon be added as aparty to the appeal.

(3) Unless the appeal is from a Justice, a copy of the notice ofappeal shall be lodged with the Prothonotary, the Registrar orother proper officer of the Court below within the time limitedby rule 3.

(4) Service of a notice of appeal may be effected in any mannerprovided by these rules for the service of documents, or byleaving a copy at the address for service, if any, of the parties tobe served in the proceedings from which the appeal is brought.

Order 70 Appeals

Rule 6


6 Cross-appeal

(1) A respondent who desires to appeal from a part of the judgmentbelow, or who seeks a variation of a part of that judgment, may,within 14 days after service upon him of the notice of appeal,file a notice of cross-appeal.

(2) A notice of cross-appeal shall:(a) be in the form numbered 66 in the First Schedule;(b) state what part of the judgment below the respondent

cross-appeals from, or contends, should be varied;(c) briefly, but specifically, set out the grounds relied upon in

support of the cross-appeal;(d) specify the relief which the respondent seeks in lieu of the

order of the Court below or the variation of that orderwhich he seeks.

(3) Rules 13 and 15 of this Order apply with the necessaryadaptation to a cross-appeal.

(4) A cross-appellant will be entitled to proceed with the cross-appeal only if special leave, which may be sought when theappeal is called on for hearing, is granted.

(5) It is not necessary to give notice of cross-appeal if a respondentcontends that some matter of fact or law has been erroneouslydecided and does not seek a discharge or variation of a part ofthe judgment, decree, order or sentence actually pronounced ormade, but he shall file and serve, within the time limited bysubrule (1), a notice of such contention in the form numbered67 in the First Schedule.

7 Security for costs

(1) The Court or a Justice may, at any time on the application of arespondent to an appeal, order that the appellant give security,within a time to be limited by the order and in such amount asthe Court or a Justice may fix, for the prosecution of the appealwithout delay and for the payment of such costs as may beawarded by the Court to the respondent.

(2) Security may be given by payment into Court or in suchmanner as the Registrar may approve.

Appeals Order 70

Rule 9


(3) The appellant shall, upon giving any security, forthwith serveupon the respondent written notice of the time when, andmanner in which, the security was given.

(4) If security is not given in accordance with the order, the Courtor a Justice may, on the application of any respondent, directthat the appeal be dismissed.

(5) In any case, the Court or a Justice may reduce or increase theamount of security, or otherwise vary or rescind an orderalready made relating to security.


(1) Unless the Court or a Justice otherwise orders, an appeal shallnot operate as a stay of proceedings.

(2) In any case, where a stay of proceedings has been ordered, theCourt or a Justice may make an order removing the stay,wholly or in part, and upon such terms and conditions as theCourt or a Justice thinks fit.

9 Assembly of documents

(1) The appellant shall, within 14 days of the institution of anappeal, lodge the following documents with the office of theRegistry:(a) a copy of the appeal book or documents before the Court

or judge below; and(b) a list of exhibits before the Court or judge below together

with the exhibits.

(2) Where an exhibit cannot be so lodged, the appellant shall statethe circumstances in writing and give such information as hecan to enable the Registrar to cause the exhibit to be availableto the Court.

Order 70 Appeals

Rule 10


10 Preparation of index

(1) When the documents mentioned in the preceding rule havebeen received in the office of the Registry, the Registrar shallappoint a time, date and place for the settling of the index andnotify the parties.

(2) The appellant shall, within 7 days of being notified of theappointment, prepare and file a draft index of the proposedcontents of the appeal book in the office of the Registry.

(3) The appellant shall serve the draft index on the respondent areasonable time before the appointment to settle the index.

11 Settling the index

(1) The Registrar and the parties in settling the index shall haveregard to the issues of fact and of law that appear from thegrounds of appeal as set out in the notice of the appeal or crossappeal.

(2) The Registrar and the parties shall endeavour, in settling theindex, to:(a) exclude from the appeal book documents that are

irrelevant or unnecessary; and(b) reduce, as far as possible, the number and the length of

documents to be included in the appeal book taking care toavoid the repetition of merely formal parts of documentsand unnecessary duplication.

(3) Within 7 days after the index has been settled, the appellantshall file in the office of the Registry a clean copy of the indexas settled.

(4) Where an appeal is pending in an office of the Registry, otherthan Canberra, Melbourne or Sydney, an index may, with theconsent of all parties, be settled by the Registrar in the absenceof the parties.

(5)(a) Where the index has been settled in the absence of the

parties, the Registrar shall serve a copy of the index oneach party by post or facsimile transmission.

Appeals Order 70

Rule 12


(b) Unless the contrary be shown, the time at which the indexso posted would be delivered in the ordinary course of postshall be deemed to be the time of receipt of the index or, ifthe index was transmitted by facsimile, the time oftransmission shall be deemed to be the time of receipt ofthe index.

(6) If any party is dissatisfied with the index as settled, theRegistrar may, if he thinks it necessary, obtain the direction ofa Justice.

12 Preparation and filing of appeal books

(1) The appeal book shall, unless a Justice or the Registrarotherwise orders or directs, be prepared by the appellant inaccordance with this rule.

(2) The appeal book shall be printed or reproduced by aphotocopying, roneograph, or some other multigraphingprocess which gives uniform copies of pages in a clear andlegible type.

(3) The pages of the appeal book shall be numbered consecutively,the size of the pages of the book shall be International Size A4and, where the book exceeds 300 pages, it shall be bound inseparate volumes of not more than 250 pages.

(4) The contents of the appeal book shall be printed, or otherwisereproduced, upon one side of the paper with a 5 centimetremargin upon the left hand side of each page and every fifth linenumbered in the margin. The book may be bound by means ofeither a flexibinding or spiral binding process.

(5) The appeal book shall have a title page setting out the full andcorrect title of the proceedings, including the title of the Courtbelow, names of the solicitors for each party, the address forservice of each party, and the telephone, telex, facsimile andreference number of each party.

(6) After the title page of the appeal book, there shall follow anindex, consisting of a complete list of documents contained inthe record before the Court, as settled under rule 11 of thisOrder, indicating, in the case of each document, whether its

Order 70 Appeals

Rule 12


text is reproduced and included in the book or not, and, if it isreproduced and included, indicating the page of the book onwhich it appears.

(7) The index to an appeal book shall comply with the indexprepared under rule 11 of this Order.

(8) The index shall give the date of each document and shall give,in the case of exhibits, the exhibit mark and, in the case ofdocuments marked only for identification, the exhibit markwith the letters “m.f.i. ” following the exhibit mark.

(9) In the index, the exhibits shall be arranged in the order inwhich they have been lettered or numbered and there shall be areference to the page of the appeal book on which the tenderingof exhibits is recorded.

(10) Where the appeal book is bound in 2 or more volumes, eachvolume shall contain, at the beginning thereof, an index of theentire book, unless otherwise directed by the Registrar.

(11) The documents in an appeal book shall be arranged in thefollowing order:(a) process and pleadings;(b) evidence, oral and affidavit;(c) testimony taken on commission or before an examiner and

put in, or used as, evidence; and(d) exhibits:

(i) Exhibits shall be arranged, not in the order in whichthey have been lettered or numbered as exhibits, butin chronological order according to the dates borneby the documents or, in the case of manifestly oradmittedly misdated documents, their known dates.

(ii) If a document is undated it shall be placed in thesequence contended for by the appellant, but theappellant shall inform the respondent of the position,or order, proposed for the document and therespondent may require that a note “Date and orderdisputed” be inserted in the transcript at the head ofthe document.

Appeals Order 70

Rule 12


(iii) If the exhibits include correspondence between, oramong, two or more persons which should be readconsecutively and not interspersed among otherdocuments, the documents forming thecorrespondence may be arranged in chronologicalorder and given a position together, at a convenientplace, in relation to the other exhibits.

(iv) Interrogatories, answers and affidavits of documentsshall not be copied, except so far as they were put inevidence.

(e) The reasons for judgment of the primary judge or Court.(f) The formal judgment of the primary judge or Court.(g) The notice of appeal, if any, from that judgment to a Court

other than the Court.(h) If the judgment below is that of a Court exercising

appellate jurisdiction:(i) The reasons for the judgment below.

(ii) The formal order of the Court below.(i) Order of the Court granting leave or special leave to

appeal or the certificate of appeal, if applicable.(j) The notice of appeal to the Court.(k) A certificate that the transcript has been examined and is

correct, signed by the solicitors for the parties.

(12) The date and a short description of the nature of each documentshall precede it, but formal headings should not be printed, orcopied, and “jurats”, formal identification of exhibits, and thelike, should be omitted.

(13) The appeal book shall be prepared and produced in a mannersatisfactory to the Registrar.

(14) Unless a Justice or the Registrar otherwise orders or directs, theappellant shall file 10 copies of the appeal book in the office ofthe Registry and deliver three copies to each respondent within21 days after the date on which the index is settled under rule11 of this Order.

Order 70 Appeals

Rule 13


(15) One of the 10 copies of the appeal book, referred to in the lastpreceding subrule, shall be an examined copy with a certificateby the parties, or their solicitors, that it has been examined andis correct.

13 Discontinuance of appeal

(1) An appellant may discontinue an appeal by filing a notice ofdiscontinuance, in the form numbered 68 in the First Schedule,and by serving the notice on the respondent.

(2) Unless the Court or a Justice, or the Registrar, otherwise ordersor directs, the appellant shall pay the respondent’s costs inrespect of the appeal and such costs shall be taxed unlessagreed.

(3) Production of the notice of discontinuance, initialled by theRegistrar, shall be sufficient authority for the taxation of costs.

14 Directions by Registrar

(1) At any time, after the filing of the notice of appeal, theRegistrar may give directions as to any matter which appears tothe Registrar to be a convenient matter upon which to givedirections.

(2) The directions referred to in subrule (1) may be given without ahearing provided that the Registrar may, at any time, issue asummons requiring the parties to attend before the Registrar,and any party may apply, at any time, for an appointment withthe Registrar.

15 Dismissal for want of prosecution

(1) When an appellant has not done any act required to be done byor under these rules, or otherwise has not prosecuted the appealwith due diligence, the Court or a Justice may:(a) order that the appeal shall be dismissed for want of

prosecution;

Appeals Order 70

Rule 16


(b) fix a time for the doing of an act and, at the same time,order that upon non-compliance the appeal shall standdismissed for want of prosecution or, subsequently and inthe event of non-compliance, order that it be so dismissed;or

(c) make any other order as may seem just.

(2) The Court may make an order under subrule (1):(a) on application by a respondent on notice; or(b) of its own motion after notice has been given by the

Registrar to the appellant.

(3) An order under paragraph 1 (b) may be varied at any timebefore the appeal stands dismissed for want of prosecution and,in special circumstances, may be varied or revoked after thattime.

16 Ex parte appeal

An appeal from the refusal by a Justice of an ex parteapplication shall be brought within the time and in the mannerprescribed by this Order, except if there is no person interestedin resisting the application, or affected by the relief sought,service of the notice of appeal and of other process or notices isnot required.

Order 70A Nauru appeal rules

Rule 1



1 Application of this Order

This Order applies to all proceedings in the Court under theNauru (High Court Appeals) Act 1976.

2 Application of other Orders

Subject to this Order the provisions of the other Orders of theserules, other than Order 70 (except rule 23 thereof) apply so faras is practicable to proceedings to which this Order applies.

3 Legal aid

The Court or a Justice may at any time direct that legal aid begranted to an appellant or an applicant for leave to appeal inaccordance with the provisions with respect to legal aid of theAppeals Act 1972 of the Republic of Nauru.

4 Mode of instituting appeals

(1) Every appeal shall be instituted by the filing of a notice ofappeal in the manner prescribed in rules 5 and 6 of this Order.

(2) The notice of appeal shall state:(a) whether the whole or part only, and what part, of the

judgment is appealed from;(b) briefly, but specifically, the grounds relied upon in support

of the appeal; and(c) what judgment the appellant seeks in lieu of that appealed

from.

5 Filing and serving notice of appeal

(1) The original notice of appeal shall be filed in the PrincipalRegistry.

Nauru appeal rules Order 70A

Rule 6


(2) A copy of the notice of appeal shall be lodged forthwith in theOffice of the Registrar of the Supreme Court of Nauru.

(3) The notice of appeal shall be served within twenty-one (21)days of the date of filing upon every party to the proceedingsappealed from affected by the relief sought by the notice ofappeal or interested in maintaining so much of the judgment asis appealed from.

(4) The Court or a Justice may direct that the notice of appeal beserved on any other person.

(5) Service of a notice of appeal may be effected in the mannerprovided by these rules for the service of documents, or byleaving a copy at the address for service, if any, of the party tobe served, in the proceedings from which the appeal is brought.

6 Time for filing notice of appeal

(1) The notice of appeal shall be filed:(a) within thirty (30) days after:

(i) the date when the judgment appealed from waspronounced;

(ii) the date when leave to appeal was granted; or(iii) any later date fixed for the purpose by the Supreme

Court of Nauru or a Justice thereof; or(b) within such further time as is allowed by a Justice upon

application made to him by summons within the said timeof thirty (30) days limited for filing a notice of appeal.

(2) Notwithstanding Order 60 rule 6 the summons mentioned inthe last preceding subrule shall be issued within the period ofthirty (30) days fixed by that subrule but the Full Court or aJustice for special reasons may upon application by motiongrant an enlargement of time although the application for it isnot made until after the expiration of the said period of thirty(30) days.


Rule 7


7 Appeal by leave: notice of appeal to state so

(1) If the appeal is brought by leave of the High Court, the noticeof appeal shall so state, and a copy of the order giving leave toappeal shall be annexed to the copy lodged in the SupremeCourt of Nauru and to every copy of the notice of appealserved.

Notice of appeal as of right to be supported by affidavit

(2) If the appeal is brought without leave, then, within the timelimited for filing the notice of appeal, an affidavit shall be filedin the Principal Registry stating facts which show that anappeal lies without leave and a copy of the affidavit shall beserved upon the parties upon whom the notice of appeal is to beserved.

8 Objection to competency of appeal

(1) If a respondent objects to the competency of an appeal, heshall, within twenty-one (21) days after service upon him of thenotice of appeal, file in the Principal Registry a notice ofobjection stating briefly the grounds of his objection, and serveupon the appellant a copy of the notice.

(2) If notice of objection has not been so given but nevertheless theappeal is afterwards dismissed by the Court as incompetent, therespondent shall not, unless upon special grounds the Courtotherwise orders, receive any costs of the appeal, and the Courtmay order that he pay to the appellant any costs of the appealproving useless or unnecessary.

(3) Within twenty-one (21) days after service upon him of thenotice of objection, the appellant shall set down the objectionfor hearing and, on the day on which he sets it down, he shallgive notice of the setting down to the opposite party.

(4) If the appellant fails to set down the objection for hearing asrequired by the last preceding subrule, his appeal shall bedeemed to be abandoned as on the twenty-second day afterservice of the notice of objection, and the respondent maythereupon tax his costs of the appeal and they shall be paid bythe appellant.


Rule 9


(5) The appellant may set down the objection for hearing at hisdiscretion before a Justice or a Full Court, and, in the latter casehe may also file in the Principal Registry a notice that heintends at or after the hearing of the objection to apply for leaveto appeal.

(6) A copy of a notice filed under the last preceding subrule shallbe served on the respondent with the notice of setting down.

(7) An objection to the competency of an appeal shall be set downfor hearing at the sittings of the Court appointed to be held atthe Principal Registry next after the given setting down.

(8) Upon the hearing of the objection, the burden of establishingthe competency of the appeal is upon the appellant.

(9) Any party may file affidavits to be read on the hearing of theobjection.

(10) When an objection to the competency of an appeal isdisallowed, the Court may by order fix the time and place forhearing the appeal.

(11) Unless an order is made under the last preceding subrule, theappellant upon disallowance of the objection shall proceed inaccordance with the provisions of rule 14 et seq. and the dateon which the objection to competency is disallowed shall besubstituted for the date on which the copy notice of appeal waslodged in the Office of the Registrar of the Supreme Court ofNauru.

9 Cross-appeal

(1) A respondent who desires to appeal from a part of the judgmentfrom which the appellant has appealed, or to seek a variation ofa part of the judgment, need not institute a substantive appeal,but he shall, within thirty (30) days after the service upon himof the notice of appeal, or within such further or other time asthe Court or a Justice, pursuant to Order 60 rule 6 of theserules, may fix, file in the Principal Registry a notice of cross-appeal and serve a copy of the notice upon the appellant andany other person affected by the relief which he seeks.


Rule 10


(2) The notice of cross-appeal shall state from what part of thejudgment the respondent cross-appeals and shall state briefly,but specifically, the grounds of the cross-appeal and:(a) the relief which he seeks in lieu of the order cross-

appealed from; or(b) the variation of that order which he seeks.

(3) It is not necessary to give notice of cross-appeal if a respondentproposes to contend that some matter of fact or law has beenerroneously decided against him but does not seek a dischargeor variation of a part of the judgment, decree, order or sentenceactually pronounced or made.

10 Application for leave to appeal

(1) Subject to the provisions of this rule an application for leave toappeal may be made either ex parte or upon notice.

Ex parte application

(2) If leave to appeal is sought ex parte, then subject to Order 60rule 6 the application shall be made not later than the firstmotion day at the sittings of the Court at the Principal Registryoccurring after two months from the date when the judgmentwas pronounced from which it is sought to appeal.

Application on notice

(3) The application shall be made upon notice:(a) if the Court or a Justice so directs; or(b) if a party interested to maintain the judgment from which

it is sought to appeal gives notice in writing to theapplicant that he desires to be heard in opposition to, orupon a question arising out of, the application for leave toappeal; or

(c) if the application is by a prisoner or accused person or bythe Director of Public Prosecutions of the Republic ofNauru for leave to appeal from a judgment, order orsentence pronounced or made by the Supreme Court ofNauru in the exercise of its jurisdiction by way of criminalappeal.


Rule 10


(4) (a) Notice of an application for leave to appeal may be for anyday fixed for the hearing of motions at the sittings of theCourt at the Principal Registry but the Court or a Justicemay expedite the hearing of the application or fix anyother time or place.

(b) Notice of an application for leave to appeal shall be filedin the Principal Registry and a copy shall be served withintwenty-one (21) days of the date of filing upon every partyto the proceedings appealed from affected by the reliefsought in the proposed appeal or interested in maintainingso much of the judgment as it is sought to appeal from. Inthe case of an application pursuant to subrule (3) (c), thenotice shall be served upon the prisoner or accused personor the Director of Public Prosecutions of the Republic ofNauru as the case may be.

(c) Subject to Order 60, rules 4 and 6, notice of an applicationfor leave to appeal shall be filed within thirty (30) daysafter the date when the judgment was pronounced fromwhich it is sought to appeal or, if the application is madepursuant to the direction of the Court under subrule (3) (a)or pursuant to notice given by a party under subrule(3) (b), within thirty (30) days after the date when thedirection or the notice was given.

Affidavit in support of application

(5) An application for leave to appeal whether made ex parte or bynotice of motion shall be made by or be supported by anaffidavit stating the nature of the case, the questions involvedand the reasons why the leave should be given.

Application by written case or by counsel

(6) An applicant for leave to appeal may present his case and hisargument to the Court in writing pursuant to rule 12 if he sodesires, and, if he does not do so, his application shall be madeto the Court by counsel.


Rule 11


11 Title of proceedings

(1) The documents in an application for leave to appeal, or for anextension of time under rules 5 and 6 of this Order for filing orserving a notice of appeal, shall be entitled “In the High Courtof Australia”, “Principal Registry”, and in the matter of theproceedings, which shall be described as pending in theSupreme Court of Nauru.

(2) A notice of appeal and all subsequent proceedings in an appealshall be entitled “In the High Court of Australia”, “PrincipalRegistry”, “On appeal from the Supreme Court of Nauru” andshall also be entitled as between the party appellant and theparty respondent.

12 Use of written case on application for leave to appeal

(1) Within fourteen (14) days of the date of service of the notice ofapplication for leave to appeal an applicant who desires topresent his case and argument in writing shall give notice inwriting to the other parties that he proposes to prepare and filea written case.

(2) Each party shall thereupon, unless the Court or a Justiceotherwise directs, prepare a written case consisting ofparagraphs consecutively numbered and stating as concisely aspossible the circumstances out of which the appeal arises, thecontentions to be urged by him and the reasons relied upon.

(3) So far as practicable, in a written case references to the portionsof the transcript relied upon shall be given by page and line andextracts shall not be set out.

(4) Not later than twenty-eight (28) days after the receipt of thenotice, each party shall lodge in the Principal Registry four (4)copies of his case for the use of the Justices upon the hearing ofthe appeal or application for leave to appeal and file in thePrincipal Registry one (1) copy of his case.

(5) The written case for the applicant for leave to appeal shall be ina cover coloured blue and for the respondent in a covercoloured red.


Rule 13


(6) When a party has lodged his case, he shall on the day oflodging it give written notice to the other party that he has doneso.

(7) When all parties have lodged their cases, they shall exchangecopies with one another.

(8) Each party is entitled to three (3) copies of the other’s case.

(9) Where the parties present their cases in writing, there shall beno appearance by or on behalf of any party unless the Court ora Justice otherwise directs.

13 Exhibits

(1) When, in the Supreme Court of Nauru, a judgment is givenfrom which an appeal may be brought to the High Court, theofficer of that Court who has the custody of exhibits put inevidence or documents marked for identification shall, subjectto the directions of that Court:(a) retain them for thirty (30) days from the giving of the

judgment; and(b) if, before the expiration of that thirty (30) days, application

for leave or special leave to appeal to the High Court fromthe judgment is made, retain them until thirty (30) daysfrom the date when the leave is given, has elapsed.

(2) Upon an appeal to the High Court being instituted, a list of theexhibits put in evidence and of documents marked foridentification shall be made out and certified by the officer ofthe Court who has custody of those exhibits, or by some otherproper officer of that Court, and the list and the exhibits anddocuments shall be transmitted to the Principal Registry.

(3) If for any reason an exhibit cannot be so delivered ortransmitted, the officer shall, in his certificate, state thecircumstances and give such information as he can to enablethe Principal Registrar to cause the exhibit or document to beavailable to the High Court.


Rule 14


14 Transmission of documents to Principal Registry

Within twenty-one (21) days of the date of the lodgment of thecopy of the notice of appeal in the Office of the Registrar of theSupreme Court of Nauru the Registrar of the Supreme Court ofNauru shall transmit to the Principal Registry:(a) a certified copy of the reasons for the judgment appealed

from;(b) a certified list of and certified copies of:

(i) the pleadings; and(ii) the other documents which were before the Court;

and(c) a copy of the transcript of the oral evidence given before

the Court or a copy of the notes of evidence taken by or forthe Judge;

in addition to the documents to which rule 13 of this Orderapplies.

15 Preparation of index

(1) When the documents mentioned in the preceding rule havebeen received in the Principal Registry the Principal Registrarshall notify the appellant.

(2) The appellant shall within fourteen (14) days of being sonotified lodge in the Principal Registry a draft index of thecontents which shall constitute the appeal book before the HighCourt and the Principal Registrar shall appoint a time, date andplace for settling the index.

(3) The Registrar may vary the index as he thinks proper and if anyparty is dissatisfied with the index as settled the PrincipalRegistrar may if he thinks it necessary obtain the direction ofthe Chief Justice or if the Chief Justice is unavailable of thesenior Justice who is available.

(4) Seven (7) days’ notice of the time appointed for the settlementof the index, together with a copy of the draft index, shall begiven to the respondent or to his solicitor.


Rule 18


(5) Within seven (7) days after the index has been settled theappellant shall file in the Principal Registry a clean copy of theindex as settled.

16 Preparation of appeal book

The appeal book for use upon the hearing of an appeal shall,unless the Court or a Justice otherwise orders, be prepared inaccordance with the provisions of Order 70 rule 23 so far asthey are applicable.

17 Filing and serving appeal books

(1) Within twenty-eight (28) days of filing the settled index theappellant shall file in the Principal Registry one copy of theappeal book and shall lodge four (4) copies for the use of theJustices upon the hearing of the appeal.

(2) The appellant shall serve upon each of the respondentsseparately represented three (3) copies of the appeal book.

18 Setting down appeal

(1) At the time of filing the appeal book the appeal shall be setdown, unless it is otherwise ordered by the Court or a Justice,for hearing at the first sittings of the Court appointed to be heldat the Principal Registry.

(2) An appeal shall be set down at least twenty-one (21) daysbefore the day appointed for the commencement of the sittings.

(3) On the day on which an appeal is set down for hearing, noticeof the setting down shall be served upon or be forwarded byprepaid post by the appellant to the respondent.

(4) If an application in writing signed by all the parties or theirsolicitors is filed in the Principal Registry, the PrincipalRegistrar may, subject to any general or special direction givenby the Chief Justice, cause the appeal to be set down forhearing at some other Registry specified in the application andthereupon the appeal shall be set down for hearing and heardthere unless the Court or a Justice otherwise orders.


Rule 19


(5) The Court or a Justice may direct that an appeal shall be heardat a Registry other than that for which the appeal has been setdown.

19 Use of written case on appeal

(1) Not less than twenty-one (21) days before the commencementof the sittings at which the appeal is set down for hearing aparty to an appeal may give notice in writing to the otherparties that he proposes to prepare and file a written case andthereupon rules 12 (2) to 12 (9) inclusive of this Order shallapply mutatis mutandis.

(2) If a party receiving notice under this rule desires to object to theuse of written cases, he may do so within seven (7) days, byfiling in the Principal Registry a notice to that effect andserving a copy of the notice upon the other parties to theappeal.

(3) Upon the filing of a notice under the last preceding subrule thePrincipal Registrar shall forthwith obtain the direction of theChief Justice or if the Chief Justice is unavailable of the seniorJustice who is available, and communicate it to the parties. TheJustice may after hearing the party giving the notice direct thatparty to prepare and file a written case within such time as theJustice may fix.

(4) A party upon whom a written case is served may withinfourteen (14) days file and serve a reply to any of thesubmissions made in the written case.

(5) Where the parties present their cases in writing, there shall beno appearance of any of the parties before the Court unless theCourt or a Justice otherwise directs.

20 Dismissal for want of prosecution

Upon the non-compliance with any time fixed for the doing ofan act required to be done by an appellant under this Order theCourt may order that his appeal shall stand dismissed for wantof prosecution, and may make such order as to the costs of theappeal in that event as appears just.


Rule 21


21 Adding parties

The Court or a Justice may order that any person be added as aparty to an appeal or that the proceedings be amended, and mayimpose such conditions as appear just and give allconsequential directions.

Order 71 Costs

Rule 1


Order 71 Costs

1 Costs to be in the discretion of the Court

(1) Subject to the provisions of any law of the Commonwealth andto these rules, the costs of and incidental to all proceedings inthe Court and in Chambers, including the administration ofestates and trusts, are in the discretion of the Court or a Justice.

(2) This rule does not deprive an executor, administrator, trustee ormortgagee who has not unreasonably commenced or carried onor resisted any proceedings of a right to costs out of a particularestate or fund to which he would be entitled according to therules hitherto acted upon in Courts of Equity.

2 Costs of issues

(1) A judgment or order giving a party costs, except so far as thosecosts have been occasioned or incurred by, or relate to, someparticular issue or part of the proceeding, shall be read andconstrued as excluding only the amount by which the costshave been increased by that issue or that proceeding.

(2) If the whole costs of the proceeding are not intended to begiven to a party, the Court or Justice may, by the judgment ororder, direct taxation of the whole costs and payment of suchproportion of those costs as the Court or Justice determines.

3 Costs of cause removed from inferior court

If a cause or part of a cause is removed from a court havingjurisdiction in the cause into the High Court, the costs in thecourt below shall be costs in the cause.

4 Personal liability of solicitor to pay costs

Where a trial or hearing cannot conveniently proceed by reasonof the solicitor for a party having:

Costs Order 71

Rule 8


(a) neglected to attend personally or by some proper person onhis behalf; or

(b) omitted to deliver a document necessary for the use of theCourt or Justice and which, according to the practice of theCourt or these rules, ought to have been delivered;

the solicitor shall personally pay to all or any of the parties suchcosts as the Court or Justice thinks fit to award.

5 Security for costs

When security for costs is required or ordered, the securityshall be of such amount, and be given at such time or times,and in such manner and form, as the Court or a Justice directs.

6 Security for costs by plaintiff temporarily withinCommonwealth

(1) A plaintiff ordinarily resident outside the Commonwealth maybe ordered to give security for costs notwithstanding that hemay be temporarily resident within the Commonwealth.

(2) A defendant setting up a counter-claim not arising out of theplaintiff’s claim may be ordered to give security for costs in acase in which a plaintiff making the like claim might be soordered.

7 Action founded on judgment or bill of exchange

When, in an action brought by a person resident outside theCommonwealth, the plaintiff’s claim is founded on a judgmentor order, or on a bill of exchange or other negotiableinstrument, security for costs shall not ordinarily be required,but the Court or a Justice may in any such case order security tobe given if it appears to the Court or Justice that such an ordershould be made.

8 Bond as security for costs

Where a bond is to be given as security for costs, it shall,unless the Court or a Justice otherwise directs, be given to anofficer of the Court.

Order 71 Costs

Rule 9


9 Fractional or gross sum for costs

(1) When the Court or a Justice awards costs to a party, the Courtor Justice may, by the order:(a) direct taxation of the costs of the party;(b) direct payment of a proportion of the taxed costs, payment

of the taxed costs less a specified sum to be deducted fromthem or payment of a sum in gross in lieu of taxed costs;and

(c) direct by and to whom the proportion, the taxed costs orthe sum shall be paid.

(2) The Court or Justice may direct payment of a sum in gross inlieu of taxed costs notwithstanding that that sum is greater orsmaller than the amount of taxed costs.

10 Solicitor to repay costs due to his delay ormisconduct

The Court or a Justice may, after reference to and report by thetaxing officer, order a solicitor to repay to his client costsordered to be paid by the client to another party where thosecosts have been incurred by that party in consequence of thedelay or misconduct of the solicitor.

11 Costs of solicitor-guardians

(1) Where the Court or a Justice appoints a solicitor or publictrustee to be guardian ad litem of an infant or person ofunsound mind in a proceeding, the Court or Justice may directthat the costs to be incurred in the performance of the duties ofthat office shall be borne and paid:(a) by the parties, or one or more of the parties, to the

proceeding in which the appointment is made; or(b) out of any fund in Court in which the infant or person of

unsound mind may be interested;

and may give such directions for the repayment or allowance ofthe costs as the justice and circumstances of the case require.

Costs Order 71

Rule 15


(2) When a solicitor acts as guardian of a person of unsound mindwithout an order of the Court or a Justice appointing him asguardian, the costs incurred in the performance of the duties ofthat office are in the discretion of the Court or Justice.

12 Set-off for damages or costs

(1) A set-off for damages or costs between parties may be allowedby the Court or a Justice and, as to costs, by the taxing officer,notwithstanding the solicitor’s lien for costs in the particularproceedings in which the set-off is sought.

(2) A set-off for damages or costs between parties may be allowedby the Court or a Justice in cases where the set-off arises as theresult of different proceedings either notwithstanding or subjectto the liens of the respective solicitors of the parties for theircosts.

13 Costs out of estate

The costs occasioned by an unsuccessful claim or unsuccessfulresistance to a claim to any property shall not be paid out of anestate or fund unless the Court or a Justice so directs.

14 Costs as regards particular shares

The costs of inquiries to ascertain the person entitled to alegacy, money or share, or otherwise incurred in relation to theinquiries, shall be paid out of the legacy, money or share,unless the Court or a Justice otherwise directs.

15 Distribution not to be delayed by difficulties as tosome shares

(1) Where some of the persons entitled to a distributive share of afund are ascertained and difficulty or delay has occurred or islikely to occur in ascertaining the persons entitled to the othershares, the Court or a Justice may order or allow immediatepayment of their shares to the persons ascertained withoutreserving any part of those shares to answer the subsequentcosts of ascertaining the persons entitled to the other shares.

Order 71 Costs

Rule 16


(2) Such order may be made for ascertaining and payment of thecosts incurred down to and including the payment as the Courtor Justice thinks reasonable.

16 Costs in actions ordered to be paid out of estate

In a proceeding in which it is ordered that any costs shall bepaid out of an estate or fund, the Justice making the order maydirect out of what portion or portions of the estate or fund thecosts shall be paid, and the costs shall be paid accordingly.

17 Costs as between solicitor and client

(1) The Court or a Justice may, where costs are ordered to be paidto a party out of an estate or fund, direct that the costs shall beallowed and taxed as between solicitor and client.

(2) In the absence of a direction under the last preceding subrule,costs ordered to be paid out of an estate or fund shall be taxedas between party and party.

18 Receiver’s costs

The costs of a receiver appointed by the Court or a Justice maybe taxed by the taxing officer on the application of the receiveror a party.

19 Registrar to tax costs

(1) Unless the Court or a Justice in a particular case otherwisedirects, bills of costs and fees which:(a) are payable to barristers and solicitors entitled or admitted

to practise in the Court in respect of business transacted bythem in the Court or its offices; and

(b) have been directed by a judgment or order to be taxed;

shall be taxed, allowed and certified by a Registrar who, inthese rules, is referred to as the taxing officer.

(2) The taxing officer shall appoint a time for taxation on theapplication of the party claiming taxation.

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(3) A taxing officer may, of his own motion, refer any questionarising in a taxation to a Justice for a direction.

20 Notice of taxing costs and copy bill

(1) Two days’ notice of the time appointed for the taxation ofcosts, together with a copy of the bill of costs and affidavit ofincrease, if any, shall be given by the party, or the solicitor ofthe party, whose costs are to be taxed to the other party or hissolicitor, except in cases where that party has not entered anappearance.

(2) The taxing officer may in cases of urgency direct that one day’snotice only shall be given.

21 No affidavit of increase

An affidavit of increase shall not be prepared unless ordered bythe taxing officer.

22 Review of taxation

Every taxation of costs and every decision of a taxing officershall be subject to review by a Justice.

23 Scale of costs

Except when otherwise ordered, in all proceedings commencedor instituted after, or pending at the time when, these rulescome into operation, solicitors are, subject to these rules,entitled to charge and be allowed the fees set forth in theSecond Schedule in respect of the matters referred to in thatSchedule, and higher fees shall not be allowed in any caseexcept such as are by this Order otherwise provided for.

24 Taxing officers to assist each other

The taxing officers shall be respectively assistant to each other,and, in the discharge of their duties and for the proper despatchof the business of their respective offices, a taxing officer maytax, or assist in the taxation, of a bill of costs which has beenreferred to another taxing officer for taxation and for

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ascertaining what is due in respect of the costs, and in that caseshall certify accordingly.

25 Costs of interlocutory proceedings

All costs to which a party is entitled under an interlocutoryorder made in a proceeding shall be included in the finaljudgment when signed or entered, unless the costs have thenbeen paid.

26 Costs of incidental applications

(1) Unless the Court or a Justice otherwise orders, the costs of amotion or application in a cause shall be deemed to be part ofthe costs of the cause of the party in whose favour the motionor application is determined unless the motion or application isunopposed.

(2) When the motion or application is unopposed, the costs of bothparties shall be deemed to be part of their costs of the cause,unless the Court or a Justice otherwise orders.

27 Costs of motion not disposed of

When a motion, application or other proceeding is ordered tostand over to the trial and no order is made at the trial as to thecosts of the motion, application or proceeding, the costs of bothparties of the motion, application or proceeding shall bedeemed to be part of their costs of the cause.

28 Costs reserved

When the costs of a motion, application or other proceeding arereserved by the Court or Justice, costs of the motion,application or proceeding shall not be allowed to a partywithout an order of the Court or Justice.

29 Taxing officer may give notice to parties to carry intheir bills

When an order directing the taxation of any costs in aproceeding has been made, the taxing officer may of his own

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motion give notice to a party to carry in his bills of costs fortaxation, and may limit a time for that purpose.

30 Notice of adjournment of taxation

The taxation shall, if possible, be continued withoutinterruption till completed, but, if it is adjourned for anyreason, notice of the adjournment shall be sent by post to asolicitor or person not present at the time of the adjournmentwhose attendance the taxing officer may desire at the nextappointment.

31 Bill to be filed before taxation

A bill of costs shall be filed before it is taxed.

32 Neglect etc of solicitor

A solicitor who fails to file the bill of costs as required, or whoin any way delays or impedes the taxation, shall, if the taxingofficer so directs, forfeit the fees to which he would otherwisebe entitled for drawing his bill of costs and for attending thetaxation, and the taxing officer may also, if he thinks fit,exercise all or any of the powers vested in him by rules 73 and104 of this Order.

33 Form of bills of costs

In a bill of costs the professional charges shall be entered in aseparate column from the disbursements, and every columnshall be cast before the bill is filed.

34 Where taxation as between party and party and alsoas between solicitor and client

Where costs are ordered to be taxed as between party and party,and also as between solicitor and client, all the costs shall besubmitted for taxation in one bill with the additional costs asbetween solicitor and client shown in a separate column.

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35 Matters to be shown

(1) Subject to the last two preceding rules, bills of costs fortaxation shall be prepared so as to shew clearly:(a) dates (specifying years, months and days);(b) items consecutively numbered;(c) particulars of the services charged for;(d) disbursements; and(e) professional charges.

(2) A bill of costs shall, at the end of the bill, contain a summary ofthe charges and disbursements showing the totals of eachcolumn of the charges and disbursements.

(3) When several items of the same date are set out consecutively,it is only necessary to show the date in the case of the first item.

36 Amendment of bill

An addition or alteration shall not be made in a bill of costsafter it is filed for taxation except by permission or direction ofthe taxing officer.

37 Copies of bills

A copy of a bill of costs shall be made page for page, so as tocorrespond with the bill left for taxation.

38 Previous costs

The taxing officer, in taxing any subsequent costs in the sameproceeding, shall have regard to the preceding bills so as toascertain that none of the items charged were included in aprevious bill.

39 Costs when further proceedings becomeunnecessary

When for any reason the further prosecution of a proceedingbecomes unnecessary, except for the purpose of determining bywhom the costs of the proceeding should be paid, any partymay apply to the Court or a Justice to determine that question,

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and thereupon the Court or Justice may make such order as isjust.

40 Costs of excessive claims in Admiralty actions

In an Admiralty action, a party claiming an excessive amount,either by way of claim, set-off or counter-claim, may beordered to pay all costs and damages occasioned by the excess.

41 Tender improperly rejected in Admiralty action

In an Admiralty action, if a tender is rejected but is afterwardsaccepted or is held by the Court to be sufficient, the partyrejecting the tender shall, unless the Court otherwise orders,pay all the costs incurred after the tender is made.

42 Costs in small Admiralty cases

(1) When the sum in dispute in an Admiralty action does notexceed Two hundred dollars, or the value of the res does notexceed Four hundred dollars, one half only of the ordinarycosts shall be allowed.

(2) In this rule, when costs are awarded to a plaintiff, the words“sum in dispute” mean the sum recovered by him in addition tothe sum, if any, counter-claimed from him by the defendant,and, when costs are awarded to a defendant, they mean the sumclaimed from him, in addition to the sum, if any, recovered byhim.

43 Allowances for pleadings etc in discretion of taxingofficer

In the case of:(a) writs of summons requiring special endorsement;(b) special cases;(c) cases stated or questions reserved under an Act;(d) pleadings;(e) affidavits in answer to interrogatories;

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(f) affidavits of documents and other special affidavits(including affidavits requiring special or unusual care intheir preparation or consideration); and

(g) admissions under Order 33, rule 3;

the taxing officer may, in lieu of the allowances for instructionsand preparing or drawing, and for attendances, make suchallowance for work, labour and expenses in or about thepreparation of the documents as in his discretion he thinksproper.

44 Drawing pleadings

The fees allowed for drawing a pleading or other documentshall include a copy made for the use of the solicitor, agent orclient or for counsel to settle.

45 Instructions to sue or defend etc

In the case of instructions to sue or defend or the preparation ofbriefs, if the taxing officer on special grounds considers the feeprovided in the scale inadequate, he may make such furtherallowance as he, in his discretion, considers reasonable.

46 Copies with briefs

The taxing officer shall allow only the copying of suchdocuments, or parts of documents, accompanying briefs, as heconsiders necessary for the instruction of counsel or for use atthe trial or hearing.

47 Swearing affidavits

In the case of affidavits, when there are several deponents to besworn, or it is necessary for the purpose of an affidavit beingsworn to go to a distance or to employ an agent, suchreasonable allowance may be made as the taxing officer in hisdiscretion thinks fit.

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48 Drawing affidavits and attending deponent

The allowances for instructions for and drawing an affidavit inanswer to interrogatories, an affidavit of documents or anyother special affidavit (including an affidavit requiring specialor unusual care in its preparation or consideration), and forattending the deponent to be sworn, include all attendances onthe deponent to settle and read over.

49 Delivery of pleading etc

Fees for the delivery of pleadings, services and notices are notto be allowed more than once when the same solicitor acts forboth parties, unless he so acts for the purpose of making anaffidavit of service.

50 Expenses incurred on several writs etc

When two or more writs, summonses, orders or notices in thesame proceeding can be served at the same time on a party,they shall be so served, and, in that case, fees and mileage shallbe allowed for the service of one only.

51 Perusals

The fees for perusals do not apply where the same solicitor actsfor both parties.

52 Separate answers or proceedings by the samesolicitor

(1) Where the same solicitor is employed for two or moredefendants and separate pleadings are delivered or otherproceedings had by or for two or more of those defendantsseparately, the taxing officer shall consider, in the taxation ofthe solicitor’s bill of costs, either between party and party orbetween solicitor and client, whether the separate pleadings orother proceedings were necessary or proper.

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(2) If the taxing officer is of opinion that a part of the costsoccasioned by the separate pleadings or other proceedings hasbeen unnecessarily or improperly incurred, that part shall bedisallowed.

53 Costs of joint trustees not joining in defence

In taxing the costs as between party and party of joint executorsor trustees who defend separately, the taxing officer, unlessotherwise ordered by the Court or a Justice, shall allow one setof costs only for those defendants, and those costs shall beapportioned among them as the taxing officer deems just.

54 Evidence

Such just and reasonable charges and expenses as appear tohave been properly incurred in procuring evidence and theattendance of witnesses shall be allowed.

55 Agency correspondence

(1) In the case of agency correspondence, if it is shown to thesatisfaction of the taxing officer that the correspondence hasbeen special and extensive, he may make such specialallowance in respect of the correspondence as in his discretionhe thinks proper.

(2) In agency matters an allowance shall be made for the necessaryexpense of postage, carriage and transmission of documents.

56 Drawing and settling judgments or orders

(1) The taxing officer may make such allowances in respect of thepreparation of the draft judgment or order referred to in Order44, rule 4, and for any attendance upon settling it, as heconsiders reasonable.

(2) The taxing officer may, in respect of the attendance ofsolicitors upon Registrars for the purpose of settling the termsof and passing judgments or orders in such cases as areprovided for by Order 44, rule 17, make such specialallowances as he considers reasonable.

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57 Special allowance for attendance at Chambers incases of difficulty etc

In the case of attendance at a Justice’s Chambers or before aRegistrar, where, from the length of the attendance or from thedifficulty of the case, the Justice or Registrar thinks that thefees prescribed in the Second Schedule are an insufficientremuneration for the services performed, or, where thepreparation of a case has required skill and labour in respect ofwhich no fee has been prescribed, the Justice or Registrar mayallow such special fee as in his discretion he thinks fit.

58 Non-attendance or neglect of parties on proceedingsin Chambers

(1) In the case of attendance at a Justice’s Chambers or before aRegistrar, where, by reason of the non-attendance of a partyand it not being considered expedient to proceed ex parte, or byreason of the neglect of a party in not being prepared with anyproper evidence or necessary document, the attendance isadjourned without any useful progress being made, the Justicemay order such an amount of costs, if any, as he thinksreasonable to be paid to the party attending by the party soabsent or neglectful, or by his solicitor personally.

(2) The party so absent or neglectful shall not be allowed a fee inrespect of the attendance as against another party or out of anestate or fund in which another party is interested.

59 Folios

A folio comprises seventy-two words, and a figure shall becounted as one word.

60 Fees to counsel for settling pleadings, affidavits etcand advising thereon

(1) Such costs of procuring the advice of counsel on the pleadings,evidence and proceedings as the taxing officer in his discretionthinks just and reasonable, and of procuring counsel to settlesuch writs, pleadings, interrogatories, special affidavits(including affidavits requiring special or unusual care in their

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preparation or consideration) and notices of appeal as thetaxing officer in his discretion thinks proper to be settled bycounsel, shall be allowed.

(2) In the case of affidavits, a separate fee shall not be allowed foreach affidavit but one fee shall be allowed for all the affidavitsproper to be so settled which were or ought to have been filedat the same time.

61 Solicitor counsel preparing pleading etc

When a practitioner acts in the capacities of both barrister andsolicitor, or in the capacity of counsel, instructed by his partneracting as solicitor, the taxing officer shall (in cases where a feewould have been allowed to independent counsel) allow to thepractitioner in respect of:(a) the drawing or settling of any writ, pleading,

interrogatories, special affidavit (including an affidavitrequiring special or unusual care in its preparation orconsideration) or notice of appeal; or

(b) the appearance of the practitioner as counsel at a trial orhearing;

such sum as a counsel’s fee as the taxing officer in hisdiscretion thinks just and reasonable having regard to the factthat the practitioner is acting as both barrister and solicitor, oras counsel instructed by his partner acting as solicitor, as thecase may be.

62 Counsel at Chambers

(1) Where counsel attends at Justice’s Chambers or before aRegistrar, costs of the attendance shall not be allowed unlessthe Justice or Registrar certifies it to be a proper case forcounsel to attend.

(2) The Justice or Registrar may also certify for counsel in caseswhere the parties, or any of them, are represented by theirsolicitor, and not by separate counsel, if the Justice or Registrarthinks the case was a proper one for counsel to attend.

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63 Inspection of documents

(1) The costs of inspection of documents is in the discretion of thetaxing officer, but an allowance shall not be made for anyinspection unless it is shown to the satisfaction of the taxingofficer that there were good and sufficient reasons for makingthe inspection.

(2) A taxing officer may from time to time make an interimcertificate or allocatur in a taxation for a portion or portions ofthe taxed costs directed to be taxed without waiting until acertificate for the full amount can be made.

64 Tender for respondent’s costs on service of petitionetc

(1) Where a petition, notice of motion, originating summons orsummons is served, and notice, accompanied by a tender ofcosts for perusing the petition, notice, originating summons orsummons, is given to the party served that in case of hisappearance upon the hearing of the petition, notice, originatingsummons or summons his costs will be objected to, the amountto be tendered shall be Six dollars thirty cents.

(2) The party making the payment shall be allowed it in his costs ifthe service was proper, but not otherwise.

(3) This rule is without prejudice to the rights of any party to costs,or to object to costs, where a tender of costs for perusing is notmade, or where the Court or a Justice considers the partyentitled, notwithstanding the notice or tender, to appear uponthe hearing.

(4) In any other case in which a solicitor of a party servednecessarily or properly peruses such a petition, notice ofmotion, originating summons or summons, without appearingon it, he shall be allowed a fee not exceeding Six dollars thirtycents.

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65 Disallowance of costs of improper, vexatious orunnecessary matter in documents or proceedings

(1) The Court or Justice may, at a trial or hearing or upon anapplication in Court or at Chambers, and whether or notobjection is taken:(a) direct that any costs which have been improperly,

unreasonably or negligently incurred be disallowed; or(b) direct the taxing officer to examine the costs incurred, and

to disallow such costs as he shall find to have beenimproperly, unreasonably or negligently incurred.

(2) A party whose costs are so disallowed shall pay to the otherparties the costs incurred by those parties in relation to theproceeding in respect of which his costs have been disallowed.

(3) Where the question of costs having been improperly,unreasonably or negligently incurred has not been raised beforeand dealt with by the Court or Justice, it is the duty of thetaxing officer to look into that question (including theevidence, although it may be entered as read in any judgment,decree or order), and thereupon the same consequences shallensue as if he had been specially directed under paragraph (b)of subrule (1) of this rule to examine the costs incurred, and todisallow such costs as he finds to have been improperly,unreasonably or negligently incurred.

66 Set-off of costs

Where, under these rules or by the order or direction of theCourt or a Justice, a party entitled to receive costs is liable topay costs to another party, the taxing officer may tax the costswhich that party is liable to pay and:(a) adjust the costs by way of deduction or set-off;(b) delay the allowance of the costs the party is entitled to

receive until he has paid or tendered the costs he is liableto pay; or

(c) certify the costs to be paid.

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67 Costs of prolixity in Chambers

Where a question as to any costs is dealt with by a Justice inChambers, the associate shall make a note thereof for theinformation of the taxing officer.

68 Unnecessary appearance in Court or at Chambers

Where a party appears upon a proceeding in Court, atChambers or before a Registrar, in which he is not interested orupon which, according to the practice of the Court, he oughtnot to attend, he shall not be allowed any costs of appearanceunless the Court, Justice or Registrar expressly directs the coststo be allowed.

69 Costs of applications to extend time

(1) Costs of an application for consent to an extension of time fortaking any proceedings are in the discretion of the taxingofficer.

(2) The taxing officer shall not allow the costs of more than oneextension of time unless he is satisfied that the extension wasnecessary and could not, with due diligence, have beenavoided.

(3) The costs of a summons to extend time shall not be allowedunless the party taking out the summons has previously appliedto the opposite party to consent to a sufficient extension of timeand the opposite party has not consented, or the taxing officerconsiders there was a good reason for not making theapplication.

70 Powers of taxing officer

The taxing officer may, for the purpose of taxation of costs:(a) summon and examine witnesses either orally or upon

affidavit;(b) administer oaths;(c) direct or require the production of books, papers and

documents;(d) issue subpoenas;

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(e) make separate or interim certificates or allocaturs;(f) require a party to be represented by a separate solicitor;

and(g) do such other acts and direct or take all such other steps as

are directed by these rules or by the Court or a Justice.

71 Taxing officer to assist when account comprises billof costs

(1) Where an account consists in part of a bill of costs, the Court orJustice may direct the taxing officer to assist in settling thecosts, not being the ordinary costs of passing the account of areceiver.

(2) The taxing officer, on receiving the direction, shall proceed totax the costs, and shall have the same powers, and the samefees shall be payable in respect of the taxation, as if those costshad been referred to the taxing officer by an order.

(3) The taxing officer shall report and certify the costs to the Courtor Justice by whose direction the costs were taxed.

72 Attendance of parties on taxation

The taxing officer may, on the taxation of costs to be borne bya fund or estate:(a) arrange and direct what parties are to attend before him

and what parties are to be served with appointments to taxand with copies of bills of costs; and

(b) disallow the costs of a party whose attendance the taxingofficer in his discretion considers unnecessary.

73 Refusal or neglect to procure taxation

When a party entitled to costs refuses or neglects to bring in hiscosts for taxation or to procure them to be taxed, and therebyprejudices another party, the taxing officer may, so as toprevent another party being prejudiced by the refusal orneglect:(a) certify the costs of the other parties and the refusal or

neglect; or

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(b) allow a nominal or other sum to the party refusing orneglecting for his costs.

74 Costs to be allowed on taxation

On every taxation, the taxing officer shall allow all such costs,charges and expenses as appear to him to have been necessaryor proper for the attainment of justice or for maintaining ordefending the rights of a party, but, except as against the partywho incurred them, costs shall not be allowed which appear tothe taxing officer to have been incurred or increased:(a) through over-caution, negligence or mistake;(b) by payment of special fees to counsel or special charges or

expenses to witnesses or other persons; or(c) by other unusual expenses.

75 Disbursements in solicitors’ bills

(1) Subject to the next succeeding subrule, in taxation of asolicitor’s fees, charges and disbursements, a disbursementshall not be allowed which has not been actually made beforethe delivery of the bill of costs.

(2) Where the bill expressly states that disbursements have notbeen made before delivery of the bill, and sets out the unpaiditems of disbursements under a separate heading in the bill,they may be allowed by the taxing officer if they have beenactually paid before the commencement of the taxation, and arepaid in discharge of an antecedent liability of the solicitor,including counsel’s fees, properly incurred on behalf of theclient.

(3) For the purposes of computation of one-sixth of a bill, the billshall be deemed to include the unpaid items which are allowedas part of it.

76 Fees not here provided for

Such sum shall be allowed as the taxing officer in his discretionthinks just and reasonable, having regard to all thecircumstances of the case, for work and labour properlyperformed and not specifically provided for by these rules, but

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in respect of which, in the opinion of the taxing officer, anallowance should be made.

77 Costs of amendment of plaintiff’s pleadings

Where the plaintiff is directed to pay to the defendant the costsof the cause, the costs occasioned to a defendant by anamendment of the plaintiff’s pleadings shall be deemed to bepart of the defendant’s costs in the cause (except as to anamendment which appears to have been rendered necessary bythe default of the defendant), but there shall be deducted fromthe costs any sum which has already been paid by the plaintiffin respect of the amendment.

78 Plaintiff refused costs of his amendment

Where, upon taxation, a plaintiff who has obtained a judgmentwith costs is not allowed the costs of an amendment of hispleadings on the ground of the amendment having beenunnecessary, the defendant’s costs occasioned by theamendment shall be taxed, and the amount of those costs shallbe deducted from the costs to be paid by the defendant to theplaintiff.

79 Taxation where action etc dismissed with costs

Where:(a) a proceeding is dismissed with costs;(b) an application is refused with costs; or(c) any costs are by a general or special order directed to be

paid;

the taxing officer may tax the costs without a further orderreferring the costs for taxation unless the Court or a Justice,upon the application of the party alleging himself to beaggrieved, prohibits the taxation of the costs.

80 Taxation of costs where parties differ

(1) Where it is directed that costs shall be taxed in case the partiesdiffer about them:

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(a) the party claiming the costs shall bring the bill of costsinto the office of the proper taxing officer and give noticeof his having done so to the other party; and

(b) at any time within seven days after the notice, the otherparty may inspect the bill, without fee.

(2) At or before the expiration of the seven days, or such furthertime as the taxing officer in his discretion allows, the otherparty shall agree to pay the costs or shall signify his dissentfrom them, and he may thereupon tender a sum of money forthe costs.

(3) Where the other party makes no such tender, or where the partyclaiming the costs refuses to accept the sum tendered, thetaxing officer shall proceed to tax the costs.

(4) Where the taxed costs do not exceed the sum tendered, thecosts of the taxation shall be borne by the party claiming thecosts.

81 Where total of costs taxed to be stated

Where any costs are by a judgment or order directed to be taxedand to be paid out of any money or fund in Court, the taxingofficer in his certificate of taxation shall state the total amountof the costs as taxed without any direction for that purpose inthe judgment or order.

82 Fees of experts etc

The allowances in respect of fees to such a person as ismentioned in Order 50, rule 3, and to an accountant, merchant,engineer, actuary or other scientific or expert person to whom aquestion or matter is referred, or whose aid or assistance isobtained, shall be regulated by the taxing officers.

83 Taxing officer’s discretion

(1) In the case of a fee or allowance which is discretionary, it shall,unless otherwise provided, be allowed at the discretion of thetaxing officer.

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(2) The taxing officer, in the exercise of his discretion, shall takeinto consideration:(a) the other fees and allowances to the solicitor and counsel,

if any, in respect of the work to which such a fee orallowance applies;

(b) the nature and importance of the proceeding;(c) the amount involved;(d) the interest of the parties;(e) the fund, estate or persons to bear the costs;(f) the general conduct and costs of the proceeding; and(g) all other circumstances.

84 Costs of judgment

Where a party is entitled to sign judgment for his costs, thetaxing officer, in taxing the costs, may allow a fixed sum forthe costs of the judgment.

85 Power of taxing officer to assess costs at a grosssum

(1) If, upon a taxation, it appears that:(a) the costs have been increased by unnecessary delay, by

improper, vexatious, prolix or unnecessary proceedings, orby other misconduct or negligence; or

(b) from any other cause, the amount of the costs is excessivehaving regard to the nature of the business transacted orthe interests involved, to the money or value of property towhich the costs relate, or to the other circumstances of thecase;

the taxing officer shall allow only such an amount of costs as isreasonable and proper, and may assess the amount of thosecosts at a gross sum.

(2) The taxing officer shall, if necessary, apportion the amountamong the parties, if more than one, or may report the matter toa Justice who may make such order as he thinks fit.

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86 Cases where bill reduced by one-sixth

If, on the taxation of a bill of costs payable out of a fund orestate or out of the assets of a company in liquidation, theamount of the professional charges and disbursementscontained in the bill is reduced by a sixth part, costs shall notbe allowed to the solicitor leaving the bill for taxation fordrawing and copying it, or for attending the taxation.

87 Objections to taxation review

(1) Where a party is dissatisfied with the allowance ordisallowance by the taxing officer, in a bill of costs taxed byhim, of the whole or a part of any items, he may, at any timebefore a certificate or allocatur is signed, or at such other timeas may, in any case, be fixed by the taxing officer:(a) deliver to the other party interested in the allowance or

disallowance, and carry in before the taxing officer, anobjection in writing to the allowance or disallowance,specifying in the objection by a list, in a short and conciseform, the items or parts of items objected to, and thegrounds and reasons for the objections; and

(b) thereupon apply to the taxing officer to review the taxationin respect of those items or parts.

(2) Pending the consideration and determination of the objection,the taxing officer may, if he thinks fit, issue a certificate oftaxation or allocatur for or on account of the remainder, or of apart, of the bill of costs.

(3) Any further certificate or allocatur which may be necessaryshall be issued by the taxing officer after his decision upon theobjections.

88 Review of taxation by taxing officer

(1) Upon an application under the last preceding rule to review thetaxation, the taxing officer shall reconsider and review histaxation in relation to the objections, and he may, if he thinksfit, receive further evidence in respect of the objections.

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(2) If so required by a party, the taxing officer shall state in hiscertificate of taxation or allocatur, or by reference to theobjection, the ground and reasons of his decision on theobjection, and any special facts or circumstances relating to hisdecision.

(3) The taxing officer may tax the costs of the objections and addthem to, or deduct them from, any sum payable by or to a partyto the taxation.

(4) Except as provided by this rule, the taxing officer shall not,after a certificate or allocatur is signed, review his taxation oramend his certificate, except to correct a clerical or manifesterror before payment or process issued for recovery of thecosts.

89 Review of taxing officer’s certificate by Justice

(1) If a party is dissatisfied with the certificate or allocatur of thetaxing officer as to any item or part of an item objected tounder rule 87 of this Order, he may, within fourteen days fromthe date of the certificate or allocatur, or such other time as theCourt or a Justice, or the taxing officer at the time he signs hiscertificate or allocatur, allows, apply to a Justice in Chambersfor an order to review the taxation as to that item or part of anitem.

(2) The Justice may thereupon make such order as the Justicethinks just.

(3) The certificate or allocatur of the taxing officer is final andconclusive as to all matters which have not been objected to inaccordance with these rules.

90 Evidence on review

An application under the last preceding rule to a Justice toreview the taxation shall be heard and determined by theJustice upon the evidence which has been brought in before thetaxing officer, and further evidence shall not be received uponthe hearing of the application unless the Justice otherwisedirects.

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91 Fees to counsel

Such fees may be allowed to counsel as in the circumstances ofthe case the taxing officer thinks reasonable.

92 Retaining fee

A retaining fee to counsel shall not be allowed on taxation asbetween party and party.

93 Employed counsel

A counsel’s fee shall not in any case be allowed to apractitioner who is a paid clerk of, or is in receipt of a salaryfrom, a practitioner or firm of practitioners, or theCommonwealth or a State.

94 Fees to barristers and solicitors

When a practitioner acts in the capacities of both barrister andsolicitor, or appears as counsel instructed by his partner actingas solicitor, neither he nor his partner may make a charge for“instructions for brief” or for “drawing” or “engrossing brief”,but, in lieu of those charges, the practitioner or partner, as thecase may be, is entitled to such fees as are allowed by thetaxing officer for “preparing for trial” and for “preparing briefnotes for use on trial”.

95 Fees for conferences

Fees for conferences shall not be allowed in a proceeding inaddition to the solicitor’s and counsel’s fees for drawing andsettling, or perusing, any pleadings, affidavits, deeds, or otherproceedings or abstracts of title, or for advising thereon, unlessit appears to the taxing officer for some special reason that aconference was necessary or proper.

96 Two counsel

The taxing officer may, in his discretion, in any case allow thecosts of briefing two or more counsel.

Order 71 Costs

Rule 97


97 Where none of several counsel is Queen’s Counsel

Where the costs of briefing two or more counsel may properlybe allowed, the allowance may be made although none of thecounsel is one of Her Majesty’s Counsel.

98 Consultations

Where the costs of employing two or more counsel mayproperly be allowed, the taxing officer may, in his discretion,allow the costs of consultations between them.

99 Refresher fees

Where a trial or hearing (whether in open Court or not andwhether witnesses are examined or cross-examined or not)extends beyond the day on which it is begun, the taxing officermay allow such refresher fees, as in his discretion he thinksreasonable, in respect of every five hours or part of five hours(including any midday adjournment) which is:(a) on a day subsequent to the day on which the trial or

hearing began; and(b) subsequent to the expiration of the first five hours

(including any midday adjournment) over which the trialor hearing has extended without being concluded.

100 Premature delivery of briefs

Where a proceeding is not brought on for trial or hearing, thecosts of and consequent on the preparation and delivery ofbriefs shall not be allowed if the taxing officer is of opinionthat the costs were prematurely incurred.

101 Defendant’s costs where hearing comes on butproceeding cannot be heard

Where:(a) a proceeding which stands for trial or hearing is called on

to be tried or heard but the proceeding cannot be decidedby reason of a want of parties or other defect in the

Costs Order 71

Rule 105


proceedings occasioned by the error or default of or on thepart of the plaintiff;

(b) the proceeding is therefore struck out of the list oradjourned; and

(c) the same proceeding is again set down or comes on to betried or heard;

the defendant shall, unless the Court or a Justice otherwiseorders, be allowed the taxed costs occasioned by the firstsetting down, or adjournment, although he does not obtain thecosts of the proceeding.

103 Vouchers for counsel’s fees

A fee to counsel (other than to a practitioner acting as bothsolicitor and counsel) shall not be allowed on taxation unlessunconditional payment is vouched by the signature of counselor otherwise proved to the satisfaction of the taxing officer.

104 Delay before taxing officer

Where, in proceedings before the taxing officer, a party isguilty of neglect or delay, or puts another party to anyunnecessary or improper expense, the taxing officer mayexercise the powers vested in him by rule 73 of this Order.

105 Power of taxing officer to limit or extend time

(1) The taxing officer may limit or extend the time for aproceeding before him.

(2) Where, by these rules or any other rule of Court, or by an orderof the Court or a Justice, a time is appointed for a proceedingbefore or by a taxing officer, the officer may, unless the Courtor Justice otherwise directs, from time to time extend the timeappointed upon such terms as the justice of the case requires,notwithstanding that the application for the extension is notmade until after the expiration of the time appointed.

Order 71 Costs

Rule 106


106 Endorsement on bill of costs

Every bill of costs filed for taxation shall be endorsed with thename and address of:(a) the solicitor by whom it is filed;(b) in agency matters, the principal solicitor; and(c) any solicitor who is entitled or intended to participate in

the costs to be so taxed.

107 Taxing fees payable

The fee payable for taxing a bill of costs is payable oncompletion of taxation whether or not a certificate of taxationis issued.

General rules Order 72

Rule 3


Order 72 General rules

1 In cases not provided for, Justice may givedirections

(1) When a party desires to take a step in a proceeding, and themanner or form of procedure is not prescribed by the rules orpractice of the Court, the party may apply to a Justice fordirections.

(2) A step taken in accordance with the directions given by theJustice shall be deemed to be regular and sufficient.

(3) A direction given pursuant to this rule is subject to review atany time by the Court or a Justice, and such further or otherdirections may be given as the Court or Justice thinks necessaryor proper in the interests of justice.

2 Solicitor to act for party

Whenever by these rules an act is required to be done by, to orwith reference to a party, then in the case of a party who sues orappears by solicitor, the act shall be done by, to or withreference to that solicitor, unless it is expressly provided that itshall be done by, to or with reference to the party in question.

3 Testing of writs and commissions

(1) A writ or commission issued from the Court, and a documentissued under the seal of the Court, shall, unless by any law orby these rules it is otherwise provided, bear date on the day onwhich it is issued.

(2) A writ or commission shall be tested in the same manner as awrit of summons in an action.

Order 72 General rules

Rule 4


4 Publication of written reasons for judgments

When a judgment is pronounced in a proceeding, either by aFull Court or a single Justice, and the opinion of a Justice isreduced to writing, it is sufficient to state orally the opinion ofthe Justice without stating the reasons for the opinion, but hiswritten opinion shall be then published by delivering it to theRegistrar or associate in open Court.

5 Documents, how signed

Unless otherwise provided, a document required to bedelivered, filed or served on behalf of a party may be signed bythe party, his counsel or his solicitor.

6 Money paid into Court, how to be held

Moneys paid into Court are subject to the order of the Court ora Justice and shall be dealt with pursuant to that order or theserules and not otherwise, and, in the meantime, shall not beconsidered as held for, on account of, or for the use or benefitof any person.

7 Moneys in Court

(1) Subject to the provisions of Order 23, moneys or funds in Courtshall be governed by the succeeding subrules of this rule.

(2) An order which directs funds to be paid into Court shall directthe credit to which the funds are to be placed.

(3) An order which directs funds in Court to be paid, sold,transferred, delivered or carried over to a credit other than thatto which they are standing, or to be otherwise dealt with, shallstate the particulars of the payment or other operation to becarried out.

(4) Funds paid into Court under an order shall be paid into theBank to the credit of an account entitled “High Court ofAustralia Suitors’ Fund.”

General rules Order 72

Rule 10


(5) Funds so paid into the Bank shall not be withdrawn or paidfrom the Bank otherwise than under the authority or order ofthe Court or a Justice, but the Bank may make a payment underan order signed by the Principal Registrar or a DistrictRegistrar, and countersigned by the Marshal, without enquirywhether such an order has been made.

(6) The Court or a Justice may direct that any funds paid or to bepaid into Court under an order shall be deposited at interest inthe Bank, or invested at interest in stock or securities of theGovernment of the Commonwealth, in the names of thePrincipal Registrar, or of one of the District Registrars, and theMarshal.

(7) The Court or a Justice may also direct how, in what manner, inwhat amounts and to what accounts the interest shall becredited.

(8) In this rule, unless the contrary intention appears:

funds means any money, government stock, bonds orsecurities, or other securities, or any other investments ofmoney including stocks and shares or any part thereof standingor to be placed to the credit of an account in the books of theCourt.

the Bank means the Commonwealth Trading Bank ofAustralia.

10 Marking of fee

The Registrar shall, immediately upon payment of a fee uponor in respect of a document, or in respect of the filing, issuing,sealing or dealing with a document, mark upon the documentthe amount of the fee paid and the date of payment.

Order 73 Judiciary Act 1903 — Section 78B notice

Rule 1


Order 73 Judiciary Act 1903 — Section78B notice

1 [Filing notice of constitutional matter]

(1) Where a proceeding pending in the Court involves a matterarising under the Constitution or involving its interpretation,within the meaning of section 78B of the Judiciary Act 1903,the party whose case raises the matter shall file a notice of aconstitutional matter in the Registry at Canberra.

(2) Notice of a constitutional matter shall state:(a) specifically the nature of the matter(b) the facts showing that the matter is one to which subrule

(1) applies.

(3) The notice of a constitutional matter shall be substantially inthe form numbered in the First Schedule.

2 [Serving notice of constitutional matter]

The party whose case raises the constitutional matter or suchother party as the Court may direct shall file notice of aconstitutional matter and serve a copy thereof on every otherparty and on the Attorneys-General of the Commonwealth, theStates, the Northern Territory, and the Australian CapitalTerritory.(a) if the matter arises in any pleading — within 7 days of the

delivery of the pleading; or(b) if the matter arises in any originating process — within 7

days of the filing of the process; or(c) otherwise if the matter arises before the date fixed for a

hearing of a proceeding — not later than 14 days beforethat date; or

(d) otherwise if the matter arises during the hearing of anyproceeding before the Court or a Justice — within suchtime as the Court or a Justice directs.

Judiciary Act 1903 — Section 78B notice Order 73

Rule 3


3 [Filing affidavit of service of notice of constitutionalmatter]

The party whose case raises the constitutional matter shall filean affidavit of service of the notice of a constitutional matterproving compliance with paragraph 2 (a), (b), (c) or (d) notlater than 2 days before the date appointed for the hearing of aproceeding.

First Schedule

Form 1 General form of writ of summon


First Schedule

Form 1 General form of writ of summon(o. 2, r. 3)

(o. 5, rr. 2 and 3)

GENERAL FORM OF WRIT OF SUMMONS

In the High Court of Australia(Registry)

Between A.B. (an infant, by G.H., his next friend)

Plaintiff

and

DefendantsC.D. and E.F.,

ELIZABETH THE SECOND, by the Grace of God Queen of Australiaand Her other Realms and Territories, Head of the Commonwealth.

To C.D., of , and E.F., of

We command you that within days after the service ofthis writ on you, inclusive of the day of such service, you do cause anappearance to be entered for you in Our High Court of Australia in anaction at the suit of A.B., and take notice that, in default of your so doing,the plaintiff may proceed therein, and judgment may be given in yourabsence.

First Schedule

General form of writ of summon Form 1


Witness: Y.Z., Chief Justice of Australia, theday of , in the year of Our Lord Onethousand nine hundred and

(L.S.)

N.B. — This writ is to be served within twelve calendar months from thedate thereof, or, if renewed, within six calendar months from thedate of the last renewal, including the day of such date and notafterwards.

Memorandum to be subscribed on writs, etc., issued from the PrincipalRegistry.

Appearance (or Appearances) to this writ may be entered by thedefendant (or defendants) either personally or by solicitor at the PrincipalRegistry of the High Court at [Principal Seat of Court].

Memorandum to be subscribed on writs, etc., issued from DistrictRegistries.

If a defendant resides or carries on business in the State (orTerritory) of [State or Territory in which District Registry is situated],his appearance to this writ may be entered, either personally or bysolicitor, at [Registry abovementioned].

If a defendant neither resides nor carries on business in the State(or Territory) of [State or Territory in which District Registry issituated], he may, at his option, cause his appearance to be entered eitherat the Registry abovementioned or at the Principal Registry of the HighCourt at [Principal Seat of the Court].

Endorsements to be made on the writ before issue.

The plaintiff’s claim is, etc. [state briefly the nature of the reliefclaimed in the action].

First Schedule

Form 1 General form of writ of summon


This writ was issued by the plaintiff in person, who resides at , and whose address

for service is at the same place (or at ).

This writ was issued by X.Y., of ,whose address for service is at ,solicitor for the plaintiff, who resides at .

This writ was issued by V.W., of ,whose address for service is ,agent for X.Y., of , solicitor forthe plaintiff, who resides at .

Mention the locality and situation of the plaintiff’s residence insuch a manner as to enable it to be easily discovered.

Endorsement to be made on the writ after service.

This writ was served by me on the defendantat on day, the dayof 19 .

Endorsed the day of , 19 .

(Signed) M.N.(Address).

First Schedule

Specially endorsed writ Form 2


Form 2 Specially endorsed writ(o. 2, r. 3)

(o. 3, r. 4 (2))

(o. 13, r. 1)

SPECIALLY ENDORSED WRIT

(Title, &c. [as in Form 1].)

ELIZABETH THE SECOND by the Grace of God, &c. [as in Form 1].To of in the

of

WE command you, &c. [as in Form 1].

Witness, &c. [as in Form 1].

N.B. — This writ is to be served within twelve calendar months from thedate thereof, or, if renewed, within six calendar months from thedate of the last renewal, including the day of such date, and notafterwards.

(Memorandum re Appearance [as in Form 1].)

If the defendant enters an appearance, he must also deliver adefence within twenty-one days from the last day of the time limited forappearance, unless such time is extended by the Court or a Justice,otherwise judgment may be entered against him without notice, unless hehas in the meantime been served with a summons for judgment.

First Schedule

Form 2 Specially endorsed writ


STATEMENT OF CLAIM

The plaintiff’s claim is

Particulars.

(Signed)

And the sum of $ (or such sum as may be allowed ontaxation) for costs. If the amount claimed is paid to the plaintiff, orto h solicitor or agent, within days from the service hereof,further proceedings will be stayed.

This writ was issued, &c. [as in Form 1].

This writ was served by me, &c. [as in Form 1].

First Schedule

Writ where service outside the Commonwealth or when notice inlieu of service is to be given outside the Commonwealth

Form 3


Form 3 Writ where service outside theCommonwealth or when notice in lieu ofservice is to be given outside theCommonwealth(o. 2, r. 5 (1))

WRIT WHERE SERVICE OUTSIDE THE COMMONWEALTH orWHEN NOTICE IN LIEU OF SERVICE IS TO BE GIVENOUTSIDE THE COMMONWEALTH


ELIZABETH THE SECOND by the Grace of God, &c. [as inForm 1].

To C.D., of

WE command you that, within days after the service of thiswrit (or notice of this writ [as the case may be]) on you, inclusive of theday of such service, you do cause an appearance to be entered for you inOur High Court of Australia, in an action at the suit of A.B., and takenotice that, in default of your so doing, the plaintiff may, by leave of theCourt or a Justice, proceed therein, and judgment may be given in yourabsence.


N.B. — This writ is to be served, &c. [as in Form 1].

Memorandum re Appearance [as in Form 1].

Endorsements [as in Form 1].

First Schedule

Form 3 Writ where service outside the Commonwealth or when notice in lieuof service is to be given outside the Commonwealth


Further endorsement to be made on the writ before the issuethereof, or before amendment to include a defendant to be served outsidethe Commonwealth.

N.B. — This writ is to be used where the defendant or all the defendants,or one or more defendant or defendants, is or are to be servedoutside the Commonwealth of Australia.

First Schedule

Specially endorsed writ where service outside the Commonwealth Form 4


Form 4 Specially endorsed writ where serviceoutside the Commonwealth(o. 2, r. 5 (1))

(o. 13, r. 1)

SPECIALLY ENDORSED WRIT WHERE SERVICE OUTSIDETHE COMMONWEALTH



To , ofWE command you, that within days after the service of this

writ (or notice of this writ [as the case may be]) on you, inclusive of theday of such service, you do cause an appearance to be entered for you inOur High Court of Australia in an action at the suit of A.B., and takenotice that, in default of your so doing, the plaintiff may, by leave of theCourt or a Justice, proceed therein, and judgment may be given in yourabsence.


N.B. — This writ is to be served, &c. [as in Form 1].

Memorandum re Appearance [as in Form 1]

If the defendant enters, &c. [as in Form 2].

STATEMENT OF CLAIM

The plaintiff’s claim is

Particulars.

(Signed)

First Schedule

Form 4 Specially endorsed writ where service outside the Commonwealth


And the sum of $ (or such sum as may be allowedon taxation) for costs. If the amount claimed is paid to the plaintiff, or toh solicitor or agent, within days from service hereof,further proceedings will be stayed.

This writ was issued, &c. [as in Form 1].

This writ (or notice of this writ) was served, &c. [as in Form 1].

N.B. — This writ is to be used, &c. [as in Form 3].

First Schedule

Notice to be served outside the Commonwealth in lieu of writ Form 5


Form 5 Notice to be served outside theCommonwealth in lieu of writ(o. 2, r. 5 (2))

NOTICE TO BE SERVED OUTSIDE THE COMMONWEALTHIN LIEU OF WRIT

In the High Court of Australia.

Between A.B., Plaintiff,and

C.D. and E.F., Defendants.

To E.F., of

Take notice that A.B., of , has commencedan action against you, E.F., in the High Court of Australia, by writ of thatCourt dated the day of , 19 , which writ isendorsed as follows [copy in full the endorsements], and you are requiredwithin days after the receipt of this notice, inclusive of the dayof such receipt, to defend the action by causing an appearance to beentered for you in the said Court to the said action; and, in default of yourso doing, the said A.B. may, by leave of the Court or a Justice, proceedtherein, and judgment may be given in your absence.

If writ issued out of Principal Registry.

You may appear to the said writ by entering an appearancepersonally or by your solicitor at the Principal Registry of the Court at[Principal Seat of the Court].

If writ issued out of District Registry.

If you reside or carry on business in the State (or Territory) of[State or Territory in which District Registry is situated], you must causeyour appearance to be entered at [the District Registry].

First Schedule

Form 5 Notice to be served outside the Commonwealth in lieu of writ


If you neither reside nor carry on business in the said State (orTerritory) of , you may, at your option, cause your appearanceto be entered either at the District Registry above-mentioned or at thePrincipal Registry of the High Court at [Principal Seat of the Court].

(Signed) A.B., of &c. .or

X.Y., of &c.

solicitor for A.B.

This notice was served by me ofat on the defendant on the

day of , 19 .Endorsed the day of , 19 .

Signature and address of server

N.B. — This notice is to be used where the person to be served is notwithin the Commonwealth.

First Schedule

Request to Attorney-General to transmit notice of writ to foreigngovernment

Form 6


Form 6 Request to Attorney-General to transmitnotice of writ to foreign government(o. 10, r. 7 (2))

REQUEST TO ATTORNEY-GENERAL TO TRANSMIT NOTICEOF WRIT TO FOREIGN GOVERNMENT

The Chief Justice of Australia presents his compliments to theAttorney-General of Australia and has the honour to enclose a notice of awrit of summons (and a copy thereof) issued in an action versus

pursuant to order, out of the High Court for transmission tothe Ministry of Foreign Affairs in (name of country) with the request thatthe same may be served personally upon (name of defendant to be served)against whom proceedings have been taken in the Australian Court, andwith the further request that such evidence of the service of the sameupon the said defendant may be officially certified to the AustralianCourt, or declared upon oath, or otherwise, in such manner as isconsistent with the usage or practice of the Courts in the (name ofcountry) in proving service of legal process.

The Chief Justice further requests that, in the event of efforts toeffect personal service of the said notice of writ proving ineffectual, theGovernment or Court of the said country be requested to certify the sameto the Australian Court.

First Schedule

Form 7 Request to Attorney-General to transmit notice of writ to a foreigngovernment


Form 7 Request to Attorney-General to transmitnotice of writ to a foreign government(o. 10, r. 13 (3))

REQUEST TO ATTORNEY-GENERAL TO TRANSMIT NOTICEOF WRIT TO A FOREIGN GOVERNMENT

The Chief Justice of Australia presents his compliments to theAttorney-General of Australia and has the honour to enclose a notice of awrit of summons issued in an action of versus the[insert name of the defendant High Contracting Party] pursuant to order,out of the High Court for delivery to the Government of [insert name ofthe High Contracting Party] and to request that an official certificate mayin due course be despatched to the Australian Court stating that the noticeof writ of summons has been so delivered and on what date.

First Schedule

Request for service abroad Form 8


Form 8 Request for service abroad(o. 10, rr. 7 (3), 7 (6), 9 (2) and 13 (4))

REQUEST FOR SERVICE ABROAD


I (or we) hereby request that a notice of a writ of summons [or asthe case may be, describing the document] in this action be transmittedthrough the proper channel to [name of country] for service (orsubstituted service) on the defendant [naming him] at [address ofdefendant] or elsewhere in [name of country] (if under O. 10 r. 9 add“directly through the British or Australian Consul” or “through a foreignjudical authority” [or the like as the case may require]).

I (or we) hereby personally undertake to be responsible for allexpenses incurred by the Commonwealth in respect of the service herebyrequested, and, on receiving due notification of the amount of suchexpenses, I (or we) undertake to pay the same to the Treasury and toproduce the receipt for such payment to the proper officer of the HighCourt of Australia.

Dated, &c.

(Signature of solicitor.)

First Schedule

Form 9 Letter forwarding request for substituted service


Form 9 Letter forwarding request for substitutedservice(o. 10, r. 7 (6))

LETTER FORWARDING REQUEST FOR SUBSTITUTEDSERVICE

The Chief Justice of Australia presents his compliments to theAttorney-General of Australia and has the honour to enclose a notice of awrit of summons in the case of versus

in which the plaintiff has obtained anorder of the High Court (which is also enclosed) giving leave to bespeaka request that the said notice of writ may be served by substituted serviceon the defendant at

in the (name of country).

The Chief Justice requests that the said notice of writ and ordermay be forwarded to the proper authority in (name of country) with therequest that the same may be transmitted by post addressed to thedefendant at (the last known placeof abode or the place of business) of the said defendant, or theredelivered in such manner as may be consistent with the usage or practiceof the Courts of (name of country) for service of legal process wherepersonal service cannot be effected; and with the further request that thesame may be officially certified to the Australian Court, or declared uponoath, or otherwise, in such manner as is consistent with the practice of theCourts of the (name of country) in proving service of legal process.

First Schedule

Writ of summons in Admiralty actions in rem. Form 10


Form 10 Writ of summons in Admiralty actions inrem.(o. 2, r. 6)

WRIT OF SUMMONS IN ADMIRALTY ACTIONS in rem.

In the High Court of Australia.A.B., Plaintiff,

againstThe Ship X,

orThe Ship X and freight,

orThe Ship X, her cargo and freight,

or(if the action is against cargo only) The cargo ex the Ship [state the nameof ship on board of which the cargo is or lately was laden],

or(if the action is against the proceeds realized by the sale of a ship orcargo) The proceeds of the Ship X (or of the cargo ex the Ship X),

orFifty cases of opium [or as the case may be].

ELIZABETH THE SECOND by the Grace of God, &c.To the owners and all others interested in the Ship X, her cargo

and freight [or as the case may be, describing the subject-matter of theaction]:

WE command you, &c. [as in Form 1].Memorandum re Appearance and Endorsements [as in Form 1].

This writ was served by me by [state mode of service] on, &c. [asin Form 1].

NOTE — If the action is by the Crown, instead of the plaintiff’s name put“Our Sovereign Lady the Queen”, adding, if necessary, “in Her Office ofAdmiralty”.

First Schedule

Form 11 Warrant of arrest in Admiralty action in rem. (ship, cargo and freight)


Form 11 Warrant of arrest in Admiralty action inrem. (ship, cargo and freight)(o. 5, r. 8 (1))

WARRANT OF ARREST IN ADMIRALTY ACTION in rem.(SHIP, CARGO AND FREIGHT)

(Title [as in Form 10].)


To the Marshal of Our High Court of Australia in Admiralty andto all and singular his substitutes. We hereby command you to arrest theship or vessel of the port of , and thecargo now or lately laden therein, together with the freight due for thetransportation thereof, and to keep the same under safe arrest until youshall receive further orders from Us.

Witness, &c.

First Schedule

Warrant of arrest in admiralty action in rem. (ship and freight) Form 12


Form 12 Warrant of arrest in admiralty action inrem. (ship and freight)(o. 5, r. 8 (1))

WARRANT OF ARREST IN ADMIRALTY ACTION in rem.(SHIP AND FREIGHT)



To the Marshal of Our High Court of Australia in Admiralty andto all and singular his substitutes. We hereby command you to arrest theship or vessel of the port of , and thefreight due for the transportation of the cargo now or lately laden therein,and to keep the same under safe arrest until you shall receive furtherorders from Us.

Witness, &c.

First Schedule

Form 13 Form of memorandum for renewed writ


Form 13 Form of memorandum for renewed writ(o. 8, r. 1 (5))

FORM OF MEMORANDUM FOR RENEWED WRIT


Seal renewed writ of summons in this action endorsed as follows:

[Copy original writ and the endorsements.]

First Schedule

General form of entry of appearance by defendant Form 14


Form 14 General form of entry of appearance bydefendant(o. 11, r. 12)

GENERAL FORM OF ENTRY OF APPEARANCE BYDEFENDANT

In the High Court of Australia.

(Title, &c. [as in writ of summons], adding after the name of adefendant who is an infant “by G.H., his guardian ad litem.”)

Enter an appearance in this action for the defendant C.D.

Dated, &c.C.D., defendant in person,

(or Y.Z., solicitor for the defendant C.D.)

The address of C.D. isHis address for service is

(or The place of business of Y.Z. isHis address for service is .)

First Schedule

Form 15 Entry of conditional appearance


Form 15 Entry of conditional appearance(o. 11, r. 12)

ENTRY OF CONDITIONAL APPEARANCE


Enter a conditional appearance in this action for the defendantC.D., who denies the jurisdiction of the Court to entertain the actionagainst him without his consent (or denies that he is a partner in thedefendant firm).

Dated, &c.

[Signature and memoranda as in Form 14.]

First Schedule

General form of notice of appearance by defendant Form 16


Form 16 General form of notice of appearance bydefendant(o. 11, r. 6 (1))

GENERAL FORM OF NOTICE OF APPEARANCE BYDEFENDANT

(Title, &c. [as in writ of summons].)

Take notice that I have this day entered an appearance in thisaction at the Principal (or District) Registry of the High Court ofAustralia at(for the defendant, C.D.).

C.D., defendant in person(or Y.Z., solicitor for the defendant, C.D.)

The address of C.D. isHis address for service is

(or The place of business of Y.Z. isHis address for service is .)

In the case of a conditional appearance insert the word“conditional” before “appearance”.

First Schedule

Form 17 Notice limiting defence


Form 17 Notice limiting defence(o. 11, r. 26 (2))

NOTICE LIMITING DEFENCE


Take notice that the [above-named] defendant (C.D.) limits hisdefence to part only of the property mentioned in the writ of summonsnamely, to the close called “the Big Field”.

Dated the day of , 19 .

(Signed) , of

Agent for , of

solicitors for the above-named defendant.

To Messrs. the plaintiff’s solicitors.

First Schedule

Entry of appearance limiting defence Form 18


Form 18 Entry of appearance limiting defence(o. 11, r. 12)

ENTRY OF APPEARANCE LIMITING DEFENCE


Enter an appearance for the defendant C.D. in this action. Thesaid defendant limits his defence to part only of the property mentionedin the writ of summons, namely, to the close called “the Big Field”.

The address of is


(Signed) , of

Agent for , of

NOTE — A person appearing to defend as landlord must so state in hisappearance (O. 11, r. 24), and, if he is not named as a defendant, the dateof the order giving him leave to defend must be added (O. 11, r. 23.).

First Schedule

Form 19 Notice of entry of appearance after leave obtained


Form 19 Notice of entry of appearance after leaveobtained(o. 11, r. 6 (1))

NOTICE OF ENTRY OF APPEARANCE AFTER LEAVEOBTAINED


Take notice that has obtained leave toappear to the writ of summons in this action and that I have this dayentered an appearance for him at .

Dated the(Signed)

of

Agent forTo solicitor for

First Schedule

Entry of appearance, Order 17, Rule 4 Form 20


Form 20 Entry of appearance, Order 17, Rule 4(o. 11, r. 12)

ENTRY OF APPEARANCE, ORDER 17, RULE 4


Enter an appearance for G.H. to the third party notice issued inthis action on the day of , 19 , by thedefendant , and served on the said G.H. on the day of

, 19 .


(Signed) , of

Agent for , of

First Schedule

Form 21 Entry of appearance, order 18, rule 3


Form 21 Entry of appearance, order 18, rule 3(o. 11, r. 12)

ENTRY OF APPEARANCE, ORDER 18, RULE 3


Enter an appearance for , who has been served withan order dated the day of to carryon and prosecute the proceedings in this action.


(Signed) , of

Agent for , of

First Schedule

Entry of appearance to counterclaim Form 22


Form 22 Entry of appearance to counterclaim(o. 11, r. 12)

ENTRY OF APPEARANCE TO COUNTERCLAIM


Enter an appearance for to the counterclaimof the above-named defendant in this action.


(Signed) , of

Agent for , of

(NOTE — The heading should contain the double title of claim andcounterclaim.)

First Schedule

Form 23 Affidavit for entry of appearance as guardian


Form 23 Affidavit for entry of appearance asguardian(o. 16, r. 20 (2))

AFFIDAVIT FOR ENTRY OF APPEARANCE AS GUARDIAN


I, of , thesolicitor for (or a member of the firm of X.Y. & Co., solicitors for) theabove-named defendant C.D., an infant, make oath and say as follows:

A.B., of , is a fit and proper person toact as guardian ad litem of the above-named infant defendant, and has nointerest in the matters in question in this proceeding adverse to that of thesaid infant, and the consent of the said A.B. to act as such guardian ishereto annexed.

Sworn, &c.

[To this Affidavit shall be annexed the document signed by theguardian in testimony of his consent to act.]

ALTERNATIVE FORM OF AFFIDAVIT

[To meet cases where a positive oath as to fitness cannotreasonably be insisted upon, the following form is accepted.]

I, of , thesolicitor for (or member of the firm of X.Y. & Co., solicitors for) theabove-named defendant C.D., an infant, make oath and say as follows:

1. I am informed and verily believe that A.B., of, is a fit and proper person to act as

guardian ad litem of the above-named infant defendant, and the consentof the said A.B. to act as such guardian is hereto annexed.

2. The said A.B. has no interest in the matters in question inthis proceeding adverse to that of the said infant.

Sworn, &c.

First Schedule

Affidavit for entry of appearance as guardian Form 23


USUAL FORM OF CONSENT

I, A.B., of [address and description] consent to act as guardian adlitem for C.D., an infant defendant in this proceeding, and I authorizeMr. of to defendthis proceeding.

(Signature of guardian)

First Schedule

Form 24 Third party notice claiming indemnity or contribution or other relief orremedy


Form 24 Third party notice claiming indemnity orcontribution or other relief or remedy(o. 17, r. 2 (2))

THIRD PARTY NOTICE CLAIMING INDEMNITY ORCONTRIBUTION OR OTHER RELIEF OR REMEDY

19 , No.

In the High Court of Australia(Registry)

Between A.B., Plaintiff,and

C.D., Defendant,and

E.F., Third Party.

THIRD PARTY NOTICE.

Issued pursuant to the order of dated the day

of , 19 .

To E.F., of in the of .Take notice that this action has been brought by the plaintiff

against the defendant. In it the plaintiff claims against the defendant [herestate concisely the nature of the plaintiff’s claim] as appears by theendorsement on the writ of summons [or statement of claim] a copywhereof is delivered herewith.*

The defendant claims against you [here state concisely the natureof the claim against the third party, as for instance] to be indemnifiedagainst the plaintiff’s claim and the costs of this action or contribution tothe extent of [one half] of the plaintiff’s claim or the following relief orremedy, namely, on the grounds that [stateconcisely the grounds of the claim against the third party].

First Schedule

Third party notice claiming indemnity or contribution or other reliefor remedy

Form 24


And take notice that if you wish to dispute the plaintiff’s claimagainst the defendant, or the defendant’s claim against you, you mustcause an appearance to be entered for you within daysafter the service of this notice upon you.

In default of your entering such appearance, you will be deemedto admit the plaintiff’s claim against the defendant and the defendant’sclaim against you and your liability to [indemnify the defendant or tocontribute to the extent claimed or to (stating the relief or remedysought)] and the validity of any judgment that may be given in the actionand you will be bound by such judgment and such judgment may beenforced against you pursuant to Order 17 of the Rules of the High Court.


(Signed)

solicitors for the defendant.

Appearance is to be entered at .

First Schedule

Form 25 Third party notice when question or issue to be determined


Form 25 Third party notice when question orissue to be determined(o. 17, r. 2 (2))

THIRD PARTY NOTICE WHEN QUESTION OR ISSUE TO BEDETERMINED

(Title, &c. [as in Form 24] down to*, and then proceed.)

The defendant claims that the following question or issue, viz.[here state concisely the question or issue to be determined] should bedetermined not only as between the plaintiff and the defendant but asbetween the plaintiff and the defendant and yourself.

And take notice that, if you wish to be heard on the said questionor issue or to dispute the defendant’s liability to the plaintiff or yourliability to the defendant, you must cause an appearance to be entered foryou within days after service of this notice.

In default of your so doing you will be deemed to admit thevalidity of and will be bound by any decision or judgment arrived at orgiven in this action on the said question or issue, and to admit anyconsequent liability of yourself, and judgment may be given against youand enforced pursuant to Order 17 of the Rules of the High Court.

Dated the day of , 19 .(Signed)

solicitors for the defendant.

Appearance is to be entered [&c., as in Form 24.]

First Schedule

Notice of counterclaim Form 26


Form 26 Notice of counterclaim(o. 22, r. 11 (2))

NOTICE OF COUNTERCLAIM

To the within-named X.Y.

Take notice that, if you do not appear to the within counterclaimof the within-named C.D. within days from the service of thisdefence and counterclaim upon you, you will be liable to have judgmentgiven against you in your absence.

Appearance to be entered at [Registry in which proceeding ispending].

Memorandum re Appearance [as in Form 1].

First Schedule

Form 27 Notice of payment into court


Form 27 Notice of payment into court(o. 23, r. 1 (4))

NOTICE OF PAYMENT INTO COURT

(Title.)

Take notice that the defendant has paid intoCourt $ , and says that (or $ part of) that sum is enough tosatisfy the plaintiff’s claim (or forand $ the other part of that sum is enough to satisfy theplaintiff’s claim for ) and admits (or but denies) liabilitytherefor.


P.Q., solicitor for the defendant, C.D.

To Mr. X.Y., the plaintiff’s solicitor

(and to Mr. R.S., solicitor for the defendant, E.F.).______

(To be filled in by the proper officer.)

Received the above sum of dollars cents intoCourt in this action.

$ .


First Schedule

Acceptance of sum paid into Court Form 28


Form 28 Acceptance of sum paid into Court(o. 23, rr. 2 (1) and 4 (2))

ACCEPTANCE OF SUM PAID INTO COURT

(Title.)

Take notice that the plaintiff accepts the sum of $paid by the defendant C.D. into Court in satisfaction of the claim inrespect of which it was paid in (and abandons his other claims in thisaction).


X.Y., plaintiff’s solicitor.

To Mr. P.Q., solicitor for the defendant C.D., and Mr. R.S., solicitor forthe defendant E.F.

First Schedule

Form 29 Confession of defence


Form 29 Confession of defence(o. 25, r. 3 (2))

CONFESSION OF DEFENCE

(Title.)

The plaintiff confesses the defence stated in theparagraph of the defendant’s defence (or of the defendant’s furtherdefence).

First Schedule

Notice for discovery Form 30


Form 30 Notice for discovery(o. 32, r. 9)

NOTICE FOR DISCOVERY

You are required within days after service ofthis notice to answer on affidavit stating what documents are or havebeen in your possession or power relating to the matters in dispute in thisaction and what you know as to the custody of such as have been but nolonger are in your possession or power, and whether you object and, if so,on what grounds, to the production of such as are in your possession orpower.

Tosolicitors for

First Schedule

Form 31 Issue


Form 31 Issue(o. 35, r. 9 (2))

ISSUE

(Title.)Whereas A.B. affirms and C.D. denies [here state the question or

questions of fact to be tried], and it has been ordered by the Hon. Mr.Justice that the said question shall be tried [here state modeof trial, whether with or without a jury], therefore let the same be triedaccordingly.

First Schedule

Certificate of officer after trial Form 32


Form 32 Certificate of officer after trial(o. 36, r. 35 (2))

CERTIFICATE OF OFFICER AFTER TRIAL

(Title.)

I certify that this was tried before the Honorable Mr.Justice [with a jury], on the and days of 19 , and occupied the time of the Court as follows:

The jury found [state findings].The Justice directed that judgment should be entered for the

plaintiff for $ with costs [as the case may be].

A.B. [Title of officer].

The day of , 19 .

First Schedule

Form 33 Notice of claim to goods taken in execution


Form 33 Notice of claim to goods taken inexecution(o. 54, r. 16 (2))

NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION

Take notice that A.B. has claimed the goods (or certain goods)[where only certain goods are claimed, here enumerate them] taken inexecution by C.D. under the writ of execution issued in this action. Youare hereby required to admit or dispute the title of the said A.B. to thesaid goods and give notice thereof in writing to the said C.D. within days from the receipt of this notice, failing which the said C.D.may issue an interpleader summons. If you admit the title of the said A.B.to the said goods and give notice thereof in manner aforesaid to the saidC.D., you will be liable only for any fees and expenses incurred prior tothe receipt of the notice admitting the claim.

Dated, &c.

(Signed)

To the plaintiff.

First Schedule

Notice by plaintiff of admission or dispute of title of claimant Form 34


Form 34 Notice by plaintiff of admission ordispute of title of claimant(o. 54, r. 16 (3))

NOTICE BY PLAINTIFF OF ADMISSION OR DISPUTE OFTITLE OF CLAIMANT

Take notice that I admit (or dispute) the title of A.B. to the goods(or to certain of the goods, namely [set them out]) seized by you underthe execution issued under the judgment in this action.

(Signed) Plaintiffor

Solicitor.To

First Schedule

Form 35 Praecipe for subpoena


Form 35 Praecipe for subpoena(o. 37, r. 24 (1))

PRAECIPE FOR SUBPOENA


Seal writ of subpoena , on behalf of thedirected to . Returnable .

Dated, &c.

(Signed)(Address)

solicitor for the .

First Schedule

Memorandum on notice of judgment Form 36


Form 36 Memorandum on notice of judgment(o. 16, r. 54)

MEMORANDUM ON NOTICE OF JUDGMENT

Take notice that, from the time of the service of this notice, you(or [as the case may be] the infant or person of unsound mind) will bebound by the proceedings herein in the same manner as if you (or thesaid infant or person of unsound mind) had been originally made a party,and that you (or the said infant or person of unsound mind) may, onentering an appearance at , attend theproceedings under the within-mentioned judgment (or order) and thatyou (or the said infant or person of unsound mind) may within twenty-eight days after the service of this notice apply to the Court to set aside orvary the judgment (or order).

First Schedule

Form 37 Subpoena ad testificandum (General Form)


Form 37 Subpoena ad testificandum (GeneralForm)(o. 37, r. 25)

SUBPOENA AD TESTIFICANDUM (General Form)

(Title.)

ELIZABETH THE SECOND, by the Grace of God Queen ofAustralia and Her other Realms and Territories, Head of theCommonwealth, to [names of witnesses] greeting: We command you toattend before at on

day the day of , 19 ,at the hour of in the noon, and so from dayto day until the above proceeding is tried, to give evidence on behalf ofthe plaintiff (or defendant).

Witness, &c.

First Schedule

Habeas corpus ad testificandum Form 38


Form 38 Habeas corpus ad testificandum(o. 37, r. 25)

HABEAS CORPUS AD TESTIFICANDUM

(Title.)

ELIZABETH THE SECOND by the Grace of God, &c., to the(keeper of Our prison at)

We command you that you bring , who it issaid is detained in Our prison under your custody , before

at on day the day of, 19 , at the hour of in the

noon, and so from day to day until the aboveproceeding is tried, to give evidence on behalf of the ; andthat immediately after the said shall have sogiven his evidence you safely conduct him to the prison from which heshall have been brought.

Witness, &c.This writ was issued, &c.

First Schedule

Form 39 Subpoena duces tecum (General Form)


Form 39 Subpoena duces tecum (General Form)(o. 37, r. 25)

SUBPOENA DUCES TECUM (General Form)

(Title.)

ELIZABETH THE SECOND by the Grace of God, &c., to [thenames of three witnesses may be inserted] greeting:

We command you to attend before at , on day the day of , 19 at thehour of in the noon, and so from day to dayuntil the above proceeding is tried, to give evidence on behalf of the , and also to bring with you and produce atthe time and place aforesaid [specify documents to be produced].

Witness, &c.

First Schedule

Summons (General Form) Form 40


Form 40 Summons (General Form)(o. 52, r. 6 (1))

SUMMONS (General Form)

(Title.)

Let all parties concerned attend the Justice in Chambers at on day, the day of , 19 , at o’clock in the noon, on the hearing of an applicationon the part of , for an order that .


This summons was taken out by of, solicitor for

To

First Schedule

Form 41 Originating summons


Form 41 Originating summons(o. 52, r. 7)

ORIGINATING SUMMONS

(Title.)

In the matter of

(Between C.D., Plaintiff,

and

E.F., Defendant.)

Let E.F. (or all parties concerned) attend the Justice in Chambersat at the time specified in the margin hereof,upon the application of C.D., of for [state the object ofthe application].

Dated the of , 19 .

(Seal.)

This summons was taken out by

of , solicitors for the above-named C.D.

If appearance is required to be entered —

NOTE — Each defendant must enter an appearance to this summonswithin days after service thereof upon him inclusive of the dayof such service.

If appearance required, memorandum re appearance [as in Form 1].

N.B. — If you do not enter an appearance within the time and at the placeabove-mentioned (or attend either in person or by your solicitor at thetime and place above-mentioned) such order will be made andproceedings taken as the Justice may think just and expedient.

If appearance is not required —

NOTE — It is intended to serve this summons upon the followingpersons.

orIt is not intended to serve this summons on any person.

First Schedule

Order to bespeak request for substituted service abroad Form 42


Form 42 Order to bespeak request for substitutedservice abroad(o. 10, r. 7 (5))

ORDER TO BESPEAK REQUEST FOR SUBSTITUTEDSERVICE ABROAD


Upon reading the (certificate, declaration [or as the case may be,describing the same]).

It is ordered that the plaintiff be at liberty to bespeak a request forsubstituted service of notice of the writ of summons herein on thedefendant at , or elsewherein the [name of country] and that the said defendant have days after such substituted service within which to enterappearance.

Dated this day of , 19 .

First Schedule

Form 43 Summons for appointment of special examiner to take evidenceabroad


Form 43 Summons for appointment of specialexaminer to take evidence abroad(o. 37, r. 3)

SUMMONS FOR APPOINTMENT OF SPECIAL EXAMINER TOTAKE EVIDENCE ABROAD


Let all parties concerned attend Mr. Justicein Chambers, at , on day the day of , 19 , at o’clock in the noon on thehearing of an application on the part of the that beappointed as Special Examiner for the purpose of taking the examination,cross-examination and re-examination, viva voce, on oath or affirmationof witnesses on the part of the at aforesaid. The solicitors to give to the solicitors days’ notice in writing of the date on which they propose to sendout this order to for execution, and that daysafter the service of such notice the solicitors for the plaintiffs anddefendants respectively do exchange the names of their agents at to whom notice relating to the examination of the said witnesses may besent. And that days (exclusive of Sunday) prior to theexamination of any witness hereunder notice of such examination shallbe given by the agent of the party on whose behalf such witness is to beexamined to the agent of the other party (unless such notice be dispensedwith). And that the depositions when so taken, together with anydocuments referred to therein, or certified copies of such documents, orof extracts therefrom, be transmitted by the examiner, under seal, to thePrincipal Registrar of the High Court of Australia on or before the day of next, or such further orother day as may be ordered, to be filed in the proper Registry. And thateither party be at liberty to read and give such depositions in evidence onthe trial of this action, saving all just exceptions.

First Schedule

Summons for appointment of special examiner to take evidenceabroad

Form 43


And that the trial of this action be stayed until the filing of suchdepositions.

And that the costs of and incident to this application and suchexamination be costs in the action.


This summons was taken out by ,of , solicitor for .

To

First Schedule

Form 44 Order for appointment of British or Australian Consul as specialexaminer (in convention country)


Form 44 Order for appointment of British orAustralian Consul as special examiner(in convention country)(o. 37, r. 6)

ORDER FOR APPOINTMENT OF BRITISH OR AUSTRALIANCONSUL AS SPECIAL EXAMINER (IN CONVENTIONCOUNTRY)


Upon hearing the solicitors on both sides, and upon reading theaffidavit of

It is ordered that the British (or Australian) Consul or his deputyat be appointed as SpecialExaminer for the purpose of taking the examination, cross-examinationand re-examination, viva voce, on oath or affirmation, of witnesses on the part of the at aforesaid. The Examiner shall be at liberty to invite theattendance of the said witnesses and the production of documents, butshall not exercise any compulsory powers. Otherwise such examinationshall be taken in accordance with the English procedure. The solicitors to give to the solicitors days’ notice in writing of the date on which they propose to sendout this order to for execution and that daysafter the service of such notice the solicitors for the plaintiffs anddefendants respectively do exchange the names of their agents at to whom notice relating to the examination of the saidwitnesses may be sent. And that days (exclusive of Sunday)prior to the examination of any witness hereunder notice of suchexamination shall be given by the agent of the party on whose behalfsuch witness is to be examined to the agent of the other party (unlesssuch notice be dispensed with). And that the depositions when so taken,together with any documents referred to therein, or certified copies ofsuch documents, or of extracts therefrom, be transmitted by the

First Schedule

Order for appointment of British or Australian Consul as specialexaminer (in convention country)

Form 44


Examiner, under seal, to the Principal Registrar of the High Court ofAustralia on or before the day of next, orsuch further or other day as may be ordered, there to be filed in the properoffice. And that either party be at liberty to read and give suchdepositions in evidence on the trial of this action, saving all justexceptions. And that the trial of this action be stayed until the filing ofsuch depositions. And that the costs of and incident to this applicationand such examination be costs in the action.


(NOTE — If the Convention requires that the invitation or notice to thewitnesses must expressly state that no compulsory powers may be used,this requirement must be complied with.)

First Schedule

Form 45 Order for issue of letter of request to take evidence abroad


Form 45 Order for issue of letter of request totake evidence abroad(o. 37, r. 4 (2))

ORDER FOR ISSUE OF LETTER OF REQUEST TO TAKEEVIDENCE ABROAD

It is ordered that a letter of request do issue directed to the propertribunal for the examination of the following witnesses, that is to say:

E.F., of

G.H., of

and I.J., of

And it is ordered that the depositions taken pursuant thereto whenreceived be filed at the Principal Registry, and be given in evidence onthe trial of this action, saving all just exceptions.

And it is further ordered that the trial of this action be stayeduntil the said depositions have been filed.

First Schedule

Letter of request to take evidence abroad (where no convention) Form 46


Form 46 Letter of request to take evidence abroad(where no convention)(o. 37, r. 4 (2))

LETTER OF REQUEST TO TAKE EVIDENCE ABROAD(WHERE NO CONVENTION)

(Heading — To the President and Judges of, &c., &c.[or as the casemay be].)

Whereas an action is now pending in the High Court of Australia,in which A.B. is plaintiff and C.D. is defendant. And in the said actionthe plaintiff claims [endorsement upon writ].

And whereas it has been represented to the said Court that it isnecessary for the purposes of justice and for the due determination of thematters in dispute between the parties that the following persons shouldbe examined as witnesses upon oath touching such matters, that is to say:

E.F., of

G.H., of

and I.J., of

And it appearing that such witnesses are resident within thejurisdiction of your honorable Court.

Now I as the Chief Justice of Australia have thehonour to request, and do hereby request, that for the reasons aforesaidand for the assistance of the said High Court, you as the President andJudges of the said some one or more of you,will be pleased to summon the said witnesses (and such other witnessesas the agents of the said plaintiff and defendant shall humbly request youin writing so to summon) to attend at such time and place as you shallappoint before some one or more of you, or such other person asaccording to the procedure of your Court is competent to take theexamination of witnesses, and that you will cause such witnesses to beexamined upon the interrogatories which accompany this letter of request(or viva voce) touching the said matters in question in the presence of the

First Schedule

Form 46 Letter of request to take evidence abroad (where no convention)


agents of the plaintiff and defendant, or such of them as shall, on duenotice given, attend such examination.

And I further have the honour to request that you will be pleasedto cause the answers of the said witnesses to be reduced into writing, andall books, letters, papers and documents produced upon such examinationto be duly marked for identification, and that you will be further pleasedto authenticate such examination by the seal of your tribunal, or in suchother way as is in accordance with your procedure, and to return thesame, together with such request in writing, if any, for the examination ofother witnesses, through the Attorney-General of Australia, fortransmission to the said High Court of Australia.

First Schedule

Order for appointment of special examiner to take evidence abroad(where no convention)

Form 47


Form 47 Order for appointment of specialexaminer to take evidence abroad (whereno convention)(o. 37, r. 3)

ORDER FOR APPOINTMENT OF SPECIAL EXAMINER TOTAKE EVIDENCE ABROAD (WHERE NO CONVENTION)(Title [as in Form 1].)

Upon hearing the solicitors on both sides, and upon reading theaffidavit of .

It is ordered that be appointed asspecial examiner for the purpose of taking the examination, cross-examination and re-examination, viva voce, on oath or affirmation, of witnesses on the part of the at aforesaid. The solicitors to give to the solicitors days’notice in writing of the date on which they propose to send out this orderto for execution, and that days after the serviceof such notice the solicitors for the plaintiffs and defendants respectivelydo exchange the names of their agents at , towhom notice relating to the examination of the said witnesses may besent. And that days (exclusive of Sunday) prior to the examinationof any witness hereunder notice of such examination shall be given bythe agent of the party on whose behalf such witness is to be examined tothe agent of the other party (unless such notice be dispensed with). Andthat the depositions when so taken together with any documents referredto therein, or certified copies of such documents, or of extracts therefrom,be transmitted by the examiner, under seal, to the Principal Registrar ofthe High Court of Australia on or before the day of next, or such further or otherday as may be ordered, there to be filed in the proper office. And thateither party be at liberty to read and give such depositions in evidence onthe trial of this action, saving all just exceptions. And that the trial of thisaction be stayed until the filing of such depositions. And that the costs ofand incident to this application and such examination be costs in theaction.


First Schedule

Form 48 Undertaking to pay costs of letter of request


Form 48 Undertaking to pay costs of letter ofrequest(o. 37, r. 5 (a))

UNDERTAKING TO PAY COSTS OF LETTER OF REQUEST


I (or we) hereby undertake to be responsible for all expensesincurred by the Commonwealth in respect of the letter of request issuedherein on the , and on receiving due notification of theamount of such expenses undertake to pay the same as directed by thePrincipal Registrar of the High Court.

The following have been appointed as agents for the parties inconnexion with the execution of the above letter of request:

Plaintiff’s agent:of

Defendant’s agent:of


solicitors for .

First Schedule

Letter of request to take evidence abroad (convention country) Form 49


Form 49 Letter of request to take evidence abroad(convention country)(o. 37, r. 5 (b))

LETTER OF REQUEST TO TAKE EVIDENCE ABROAD(CONVENTION COUNTRY)

To the Competent Judicial Authority ofin the of

Whereas a civil (commercial) action is now pending in the HighCourt of Australia in which is plaintiffand is defendant.

And in the said action the plaintiff claims

And whereas it has been represented to the said Court that it isnecessary for the purposes of justice and for the due determination of thematters in dispute between the parties, that the following persons shouldbe examined as witnesses upon oath touching such matters, that is to say: , of , , of ,and , of

And it appearing that such witnesses are resident within yourjurisdiction

Now I the Principal Registrar of the HighCourt of Australia have the honour to request, and do hereby request, thatfor the reasons aforesaid and for the assistance of the said Court, you willbe pleased to summon the said witnesses (and such other witnesses as theagents of the said plaintiff and defendant shall humbly request you inwriting so to summon) to attend at such time and place as you shallappoint before you, or such other person as according to your procedureis competent to take the examination of witnesses, and that you willcause such witnesses to be examined (upon the interrogatories whichaccompany this letter of request) viva voce touching the said matters inquestion in the presence of the agents of the plaintiff and defendant orsuch of them as shall, on due notice given, attend such examination.

First Schedule

Form 49 Letter of request to take evidence abroad (convention country)


And I further have the honour to request that you will permit theagents of both the said plaintiff and defendant or such of them as shall bepresent to be at liberty to examine (upon interrogatories and viva voceupon the subject-matter thereof or arising out of the answers thereto)such witnesses as may, after due notice in writing, be produced on theirbehalf, and give liberty to the other party to cross-examine the saidwitnesses (upon cross-interrogatories and viva voce) and the partyproducing the witness for examination liberty to re-examine him vivavoce.

And I further have the honour to request that you will be pleasedto cause (the answers of the said witnesses and all additional viva vocequestions, whether on examination, cross-examination or re-examination) the evidence of such witnesses to be reduced into writingand all books, letters, papers and documents produced upon suchexamination to be duly marked for identification, and that you will befurther pleased to authenticate such examination by the seal of yourtribunal or in such other way as is in accordance with your procedure andto return the same together with (the interrogatories and cross-interrogatories, and) a note of the charges and expenses payable inrespect of the execution of this request, through the British or AustralianConsul from whom the same was received for transmission to the HighCourt of Australia.

And I further beg to request that you will cause me, or the agentsof the parties if appointed, to be informed of the date and place where theexamination is to take place.


First Schedule

List of exhibits Form 50


Form 50 List of exhibits(o. 40, r. 1 (1))

LIST OF EXHIBITS


Tried on day of , 19 , before theHonourable Mr Justice with (or without) a juryat .

Name of Associate

Number ofExhibit

Descriptionof Exhibit

Party who putin Exhibit

Witness whoproved Exhibit

Notes

First Schedule

Form 51 Summons by Registrar


Form 51 Summons by Registrar(o. 52, r. 22)

SUMMONS BY REGISTRAR

(Title.)

The defendant E.F. (or G.H., of, &c.) is hereby summoned toattend before at , on the day of , 19 , at o’clock in the noon,to be examined (or to be examined as a witness) on the part of the , for the purpose of the proceedings directed by Mr.Justice to be taken before me.

Dated this day of , 19 .X.Y., Registrar

This summons was taken out by of ,solicitors for .

First Schedule

Affidavit verifying receiver’s account Form 52


Form 52 Affidavit verifying receiver’s account(o. 49, r. 17)

AFFIDAVIT VERIFYING RECEIVER’S ACCOUNT

(Title.)

I, , of , the receiverappointed in this cause, make oath and say as follows:

1. The account marked with the letter A. produced and shown tome at the time of swearing this my affidavit, and purporting to be myaccount of the rents and profits of the real estate and of the outstandingpersonal estate of , (the testator (or intestate)) inthis cause, from the day of , 19 tothe day of , 19 , both inclusive, contains atrue account of all and every sum of money received by me or by anyother person or persons by my order or, to my knowledge or belief, formy use on account, or in respect of the said rent and profits accrued dueon or before the said day of and on account or inrespect of the said personal estate, except what is included as received inmy former account (or accounts) sworn by me.

2. The several sums of money mentioned in the said account,hereby verified to have been paid and allowed, have been actually andtruly so paid and allowed for the several purposes in the said accountmentioned.

3. The said account is just and true in all and every the items andparticulars therein contained, according to the best of my knowledge andbelief.

4. W.X. and Y.Z. , the sureties named in therecognizance dated the of , 19 , are bothalive, and neither of them has become bankrupt or insolvent.

NOTE — Additional paragraphs as to wages and petty cash aresometimes necessary.

First Schedule

Form 53 Request to set down cause for further consideration


Form 53 Request to set down cause for furtherconsideration(o. 36, r. 19 (4))

REQUEST TO SET DOWN CAUSE FOR FURTHERCONSIDERATION

(Title.)

I request that this cause, the further consideration whereof wasadjourned by order of the day of , may be set down forfurther consideration before Mr. Justice .

C.D., plaintiff’s (or defendant’s) solicitor.

First Schedule

Notice that cause has been set down for further consideration Form 54


Form 54 Notice that cause has been set down forfurther consideration(o. 36, r. 19 (7))

NOTICE THAT CAUSE HAS BEEN SET DOWN FOR FURTHERCONSIDERATION

(Title.)

Take notice that this cause, the further consideration whereofwas adjourned by the order of the day of , wason the day of set down for further consideration beforeMr. Justice for the day of .

Dated, &c.

C.D., solicitor for .

To Mr. , solicitor for .

First Schedule

Form 55 Affidavit in support of application for appointment of new next friend ofinfant plaintiff


Form 55 Affidavit in support of application forappointment of new next friend of infantplaintiff(o. 16, r. 18 (1))

AFFIDAVIT IN SUPPORT OF APPLICATION FORAPPOINTMENT OF NEW NEXT FRIEND OF INFANTPLAINTIFF

(Title.)

I [name and address], the solicitor for (or a member of the firm ofthe solicitors for) the above-named plaintiff, C.D., and infant, make oathand say as follows:

1. [Reasons why the appointment of a new next friend is sought].2. A.B. [name, address and description of proposed new next

friend] is a [state relationship (if any) of A.B. to C.D.], and has nointerest in the matter in question in this action (matter) adverse to that ofC.D. The consent of the said A.B. to be appointed as such next friend isannexed hereto.

3. The said A.B. is a fit and proper person to act as the next friendof the said C.D.

Sworn, &c.

First Schedule

Writ of procedendo Form 56


Form 56 Writ of procedendo(o. 55, r. 36 (2))

WRIT OF PROCEDENDO


ELIZABETH THE SECOND, &c.To [the same persons to whom the writ of prohibition is directed].

Greeting:

Whereas by Our writ we lately commanded you [&c., recite writof prohibition]:

We do now command you that you do proceed in the said cause[or as the case may be], with the expedition which to you shall seemright, notwithstanding Our writ so sent to you as aforesaid.

Witness, &c.

This writ was issued by [&c., as in the case of a writ ofsummons].

[To be endorsed as in Form 1.]

First Schedule

Form 57 Praecipe for writ of procedendo


Form 57 Praecipe for writ of procedendo(o. 55, r. 36 (2))

PRAECIPE FOR WRIT OF PROCEDENDO


Seal, in pursuance of order dated, &c., a writ of procedendodirected to, &c., to proceed notwithstanding writ of prohibition dated,&c.

Dated, &c.

[To be signed by the party or his solicitor.]

First Schedule

Petition Form 58


Form 58 Petition(o. 66A, r. 13 (1))

PETITION


In the matter of the Patents Act 1952-1954

andIn the matter of letters patent dated the day ofnumbered and granted to A.B. of , foran invention entitled .

To the High Court of Australia

The humble petition of A.B. of , and ofC.D. ofSheweth as follows:

1. On the day of letters patent numbered , were granted to your petitioner A.B. for an inventionentitled

2. Your petitioner C.D. has become entitled to the said letterspatent under the circumstances hereinafter appearing.

Set forth —(a) The history of the Art with special reference to the

invention.(b) The special utility and advantages of the invention.(c) The circumstances under which the patent was

obtained and the rights of C.D. created.(d) All information relating to foreign patents.(e) The rights of third parties, such as licensees, &c.(f) The difficulties with which the patentee has had to

contend in getting his invention taken up.

First Schedule

Form 58 Petition


(g) The fact of insufficient remuneration, generallystated without special reference to accounts.

Your petitioners have given public notice by advertisementinserted in the Official Journal as prescribed by the Patents Regulationsof their intention to apply to this Court for an extension of the term of thesaid letters patent.

Your petitioners therefore humbly pray that the said letters patentmay be extended for a further term of years or for suchother term as to this Court shall seem fit and your petitioners will everpray, &c.

Dated the day of

(Signatures of petitioners.)

It is intended to serve this petition upon(Or It is not intended to serve this petition upon any person.)

First Schedule

Caveat Form 59


Form 59 Caveat(o. 66A, r. 15 (2))

CAVEAT


Let nothing be done towards the grant of an extension of the term ofletters patent numbered without notice to E.F.of who claims to be interested.

The address for service of the said E.F. is

Dated the day of 19 .

(Signature of caveator or his solicitor.)

To the Registrar ofthe High Court of Australiaat

First Schedule

Form 60 Notice of opposition


Form 60 Notice of opposition(o. 66A, r. 15 (2))

NOTICE OF OPPOSITION


Notice is hereby given that G.H. of intends tooppose the application for extension of the term of the letters patentnumbered

The address for service of the said G.H. is

Dated the day of 19

(Signature of opponent or his solicitor.)To the Registrar of

the High Court of Australiaat

First Schedule

Application for leave or special leave to appeal Form 61


Form 61 Application for leave or special leave toappeal(o. 69A, r. 2 (1))

IN THE HIGH COURT OF AUSTRALIA[SYDNEY] OFFICE OF THE REGISTRY

No. [S] of 19

BETWEEN: AB

Applicant

and

XY

Respondent

APPLICATION FOR LEAVE OR SPECIAL LEAVE TO APPEAL

1. The Applicant applies for leave [or special leave] to appeal from[specify part or whole] of the judgment of [specify Court, Justice orJudge below] given on [specify date].

Grounds

2. [Specify briefly the grounds on which the judgment below is said tobe wrong].

Order(s) sought

3. [Specify the judgment sought in lieu of that challenged includingany special order as to costs].


...............................................................[Signed, Solicitor or Applicant if unrepresented]

First Schedule

Form 61 Application for leave or special leave to appeal


To: The Respondent [address]

TAKE NOTICE: Before taking any step in the proceedings you must,within 14 DAYS after service of this application, enter an appearance inthe office of the Registry in which the application is filed, and serve acopy on the applicant.

THE APPLICANT’S SOLICITOR IS: [name of firm and address forservice, telephone and facsimile numbers]

OR

THE APPLICANT’S ADDRESS FOR SERVICE IS:

[if the applicant is unrepresented — address for service, telephone andfacsimile numbers]

First Schedule

Applicant’s summary of argument Form 62


Form 62 Applicant’s summary of argument(o. 69A, r. 6 (2))

(Heading as in Form 61)

APPLICANT’S SUMMARY OF ARGUMENT

Part I: [A concise statement of the leave or special leave questionssaid to arise].

Part II: [A brief statement of the factual background to theapplication].

Part III: [A brief statement of the applicant’s argument].

Part IV: [Reasons why leave or special leave should be granted].

Part V: [Any reasons why an order for costs should not be made infavour of the respondent in the event that the application is refused].

Part VI: [A table of the authorities, legislation or other material onwhich the applicant relies, identifying the pages at which the relevantpassages appear].

Part VII: [Indicate whether the applicant seeks to supplement thissummary with oral argument].


...............................................................

(Signed, Practitioner or Applicant if unrepresented)

First Schedule

Form 62A Respondent’s summary of argument


Form 62A Respondent’s summary of argument(o. 69A, r. 7 (2))


RESPONDENT’S SUMMARY OF ARGUMENT

Part I: [Reasons why leave or special leave should/should not begranted].

Part II: [A brief statement of the factual issues in contention].

Part III: [A brief statement of the respondent’s argument].

Part IV: [Any special order as to costs sought by the respondent].

Part V: [A table of the authorities, legislation or other material onwhich the respondent relies, identifying the pages at which the relevantpassages appear].

Part VI: [Indicate whether the respondent seeks to supplement thissummary with oral argument].


...............................................................(Signed, Practitioner or Respondent if unrepresented)

First Schedule

Appearance Form 63


Form 63 Appearance(o. 69A, r. 5 (2))


APPEARANCE

Enter an appearance for the respondent in this application.


...............................................................(Signed, Practitioner or Respondent if unrepresented)

To: The Applicant (address)

THE RESPONDENT’S SOLICITOR IS: [name of firm and address forservice, telephone and facsimile numbers]

First Schedule

Form 64 Notice of discontinuance of application for leave or special leave toappeal


Form 64 Notice of discontinuance of applicationfor leave or special leave to appeal(o. 69A, r. 12 (1))


NOTICE OF DISCONTINUANCE OF APPLICATION FORLEAVE OR SPECIAL LEAVE TO APPEAL

The Applicant [John Doe] discontinues [his, her or its] application forleave or special leave to appeal.


..............................................................(Signed, Solicitor, or Applicant if unrepresented)

TO: The Respondent (address).

First Schedule

On appeal from the [Supreme] Court of [New South Wales] Form 65


Form 65 On appeal from the [Supreme] Court of[New South Wales](o. 70, r. 2 (2) (a))

IN THE HIGH COURT OF AUSTRALIA[SYDNEY] OFFICE OF THE REGISTRY

No. of 19

ON APPEAL FROM THE [SUPREME] COURT OF [NEW SOUTHWALES]

[or, where applicable, from a Justice]

BETWEEN:A.B.

Appellant-and-

X.Y.Respondent

NOTICE OF APPEAL

1. The appellant appeals [pursuant to special leave to appeal grantedon [specify date]] from [specify whole or part and which part] of thejudgment of [specify Court or judge below] given on [specify date].

GROUNDS2. [Specify briefly the grounds of appeal]

ORDER(S) SOUGHT3. [Specify the judgment sought in lieu of that appealed from

including any special order as to costs]

Dated the day of 19

...................................................(signed, solicitor or appellant)

First Schedule

Form 65 On appeal from the [Supreme] Court of [New South Wales]


TO: The Registrar[Court appealed from]

AND TO: The Respondent and his Solicitor [John Doe][address]

THE APPLICANT’S SOLICITOR IS: [name of firm and address ofservice]

First Schedule

Notice of cross-appeal Form 66


Form 66 Notice of cross-appeal(o. 70 r. 6 (2) (a))


NOTICE OF CROSS-APPEAL

1. Subject to the grant of special leave, the respondent cross-appealsfrom [specify part] of the judgment of [specify Court or judge below]given on [specify date].

GROUNDS

2. [Specify briefly the grounds of the cross-appeal]

ORDER(S) SOUGHT

3. [Specify the judgment sought in lieu of that appealed from]

Dated the day of 19

...............................................(signed, solicitor or appellant)

TO: The Respondent (address)

THE APPLICANT’S SOLICITOR IS: [name of firm and address ofservice]

First Schedule

Form 67 Notice of contention


Form 67 Notice of contention(o. 70, r. 6 (5))


NOTICE OF CONTENTION

The respondent wishes to contend that the decision of the Courtbelow should be affirmed but on grounds other than those relied upon bythe Court below.

GROUNDS

1. [Specify briefly the grounds]

2.

Dated the day of 19

............................................Solicitor for the Respondent

TO: The Appellant A.B. and his Solicitor [John Doe]

First Schedule

Notice of discontinuance of appeal Form 68


Form 68 Notice of discontinuance of appeal(o. 70, r. 13 (1))


NOTICE OF DISCONTINUANCE OF APPEAL

The appellant [John Doe] discontinues [his] appeal.

Dated the day of 19

...................................................(signed, solicitor or appellant)

TO: The Respondent (address)

First Schedule

Form 69 Notice of a constitutional matter under Section 78B of the Judiciary Act1903


Form 69 Notice of a constitutional matter underSection 78B of the Judiciary Act 1903(o. 673 r. (l))

NOTICE OF A CONSTITUTIONAL MATTER UNDER SECTION78B OF THE JUDICIARY ACT 1903

IN THE HIGH COURT OF AUSTRALIA No. of 19REGISTRY

AB. Applicant/Plaintiff

CD. Respondent/Plaintiff

NOTICE OF A CONSTITUTIONAL MATTER

1. (The party whose case raises the matter, e.g. applicant, respondent,etc.) gives notice that the above proceedings involves a matter arisingunder the Constitution or involving its interpretation within the meaningof Section 78B of the Judiciary Act 1903.

2. ) Specify the nature of the matter ) (e.g., the constitutional issue which is said3. ) to arise)

4. Specify the facts showing the matter is one to which Section 78B ofthe Judiciary Act 1903 applies.


.................................................(signed, applicant or his solicitor)

First Schedule

Form 70


Form 70(o. 68, r. 2A)

IN THE HIGH COURT OF AUSTRALIASITTING AS THE COURT OF DISPUTED RETURNS[SYDNEY] OFFICE OF THE REGISTRY

No. [S] of 19

BETWEEN: AB

Petitioner

and

XY

Respondent

ELECTION PETITION

This petition concerns the election for .................................................(details of election or return challenged) held on ................................(date on which the election was held).

RETURN OF WRIT

The writ for the election was returned on [date].

ENTITLEMENT TO FILE THIS PETITION

The petitioner is entitled to file this petition because [set out bases ofentitlement].

STATEMENT OF FACTS

[Set out the facts relied on to invalidate the election or return, setting outthose facts with sufficient particularity to identify the specific matter ormatters on which the petitioner relies as justifying the grant of relief.]

First Schedule

Form 70


PRAYER FOR RELIEF

The petitioner asks the Court to make the following orders:

[Details of orders and relief sought.]

DATED:

...........................................(Signed by the Petitioner)

IN THE PRESENCE OF:

.............................................. .............................................Signed by Witness Signed by Witness

.............................................. .............................................Name of Witness Name of Witness

.............................................. .............................................Occupation of Witness Occupation of Witness

.............................................. .............................................Address of Witness Address of Witness

TO: THE RESPONDENT(Specify address)

The Petitioner’s address for service is (Specify address for service).

Costs Second Schedule


Second Schedule Costs

Item Amount ($)

Instructions

1 To sue or defend, or to make or oppose anapplication for special leave to appeal, or to appeal,or oppose an appeal or to cross appeal, or for anyother originating proceedings ............................. 191.60

2 To make or oppose any interlocutory application ............................................................................. 85.00

3 For a special case, case stated or reservation ofquestion of law for the consideration of a FullCourt, or for a statement of claim or a petition .. 191.60

4 For any pleading (other than a statement of claim) ............................................................................. 148.80

5 To amend any pleading ....................................... 51.30

6 For a statement of facts or an agreed statement offacts in a matter .................................................. 148.80

7 For interrogatories, answers to interrogatories,special affidavits or an affidavit (not being a formalaffidavit) ............................................................. 114.80

8 For counsel to advise .......................................... 82.00

9 For a document not otherwise provided for ....... 32.40

10 For a brief for counsel on a hearing or applicationin Court or in Chambers or brief notes for solicitor .............................................................................

Note Instructions are not to be allowed where the workintended to be included therein is charged for andallowed in detail. Instead of the above costs forinstructions, such larger sum may be claimed as isreasonable in all the circumstances of the case, and isallowed on taxation at the discretion of the TaxingOfficer.

106.50



Item Amount ($)

Writs

11 Writ of Summons for the commencement of anaction or other writ not specifically provided for ............................................................................. 88.60

12 Concurrent Writ of Summons ............................ 31.80

13 Writ of Subpoena ................................................ 46.30

14 If any of the above writs exceeds 3 folios, for eachextra folio ...........................................................

Note These costs include all endorsements, and copies(for the officers sealing them) and attendances to issue orseal, but not the Court fees.

6.40

Summonses and motions

15 Any Chamber Summons or motion, includingpreparation, copies and attendance to issue,including attendance to fix return date ................ 54.40- if more than 3 folios, for each extra folio ........ 6.40

Appearances and notices

16 Preparing and entering an appearance includingduplicate memorandum and Notice of Appearancefor service ........................................................... 89.60

17 Any necessary or proper notice or memorandumnot otherwise provided for, or any demand ........ 29.90- if more than 3 folios, for each extra folio ........

Note This provision does not apply to short notices ormemoranda endorsed on other documents, but the wordsor folios therein may be allowed as part of thedocuments so endorsed.

6.40

Drawing

18 Drawing any pleading or affidavit not exceeding 5folios ................................................................... 85.00- or, per folio ....................................................... 11.90

19 Drawing any other document where no otherprovision is made- per folio ............................................................ 11.70



Item Amount ($)

Engrossing

20 Marking each exhibit to an affidavit .................. 2.10

21 Engrossing any document- per folio ............................................................ 4.40

Copies

22 Of any document including carbon, photographic ormachine made copy perpage .....................................................................Except that where the allowance for 10 or morepages is claimed in respect of any document, thesum allowed for such copies is at the discretion ofthe Taxing Officer.

2.10

Perusal and examination

23 Perusal of any document including special letter,telegram, telex or similar document ................... 31.70- or, per folio .......................................................Except that where an allowance for 30 or morefolios is claimed in respect of any document, thesum allowed for perusal is at the discretion of theTaxing Officer.

4.40

24 Where it is not necessary to peruse a document,such as checking a proof print of, or examining, anapplication or appeal book

per quarter hour- solicitor ............................................................. 31.80- clerk .................................................................. 10.40

Correspondence

25 Short letter including a formal acknowledgment,making appointments, forwarding documentswithout comment ................................................ 15.10

26 Ordinary letter (including letters between principaland agent) ........................................................... 25.70

27 Circular letter (after the first) each ..................... 8.50



Item Amount ($)

28 Special letter or letter containing opinion, includingletters of substance between principal and agent ............................................................................. 42.40

orSuch sum as the Taxing Officer thinks reasonablein the circumstances.

29 Telegram, facsimile copy, telex or other documentby similar transmitting process includingattendance to dispatch (where necessary) .......... 42.40

orSuch sum as the Taxing Officer thinks reasonablein the circumstances.

30 Receiving and filing any incoming special letter,facsimile, telegram or telex ................................

Note Postage and transmission fees may be claimed as adisbursement properly incurred.

2.10

Service

31 Personal service of any process or proceedingwhere necessary .................................................. 52.80

orSuch sum may be allowed as is reasonable havingregard to time occupied, distance travelled andother relevant circumstances.

32 When, in consequence of the distance of the partyto be served, it is proper to effect service throughan agent, instead of the allowance for service for:(a) correspondence ........................................... 47.00(b) agent’s charges ...........................................and such disbursements as may reasonably beincurred.

89.70

33 Service of any document at the office of the addressfor service either by delivery or by post ............. 18.10



Item Amount ($)

Attendances

34 An attendance which requires the attendance of asolicitor- per quarter hour ................................................ 50.80

35 An attendance which is capable of being made by aclerk .................................................................... 31.70- or, per quarter hour ........................................... 8.30

36 Making an appointment or similar attendance bytelephone ............................................................. 15.10

37 An attendance on counsel- with brief or other papers ................................. 32.30- to appoint a conference or consultation ........... 14.10

38 A conference or consultation with counsel ........ 85.00- or, per half hour ................................................ 64.10

39 On a summons or other application in Chambers ............................................................................. 47.90- or, per half hour ................................................ 85.00

40 In Court or in Chambers instructing counsel on anyhearing or application- if a solicitor attends, per hour ........................... 204.40

or- if a clerk attends, per hour ................................ 85.10

41 On an application or appearance before a Registraror a Taxing Officer ............................................. 106.50

or- per hour ............................................................

Note Instead of the above costs for attendances, suchlarger sum may be claimed as is reasonable in all thecircumstances of the case and is allowed on taxation atthe discretion of the Taxing Officer.

127.60

42 To hear judgment ................................................ 55.70



Item Amount ($)

43 When, in the opinion of the Taxing Officer, it isnecessary for 2 solicitors, or a solicitor and a clerk,to attend on a hearing, such additional allowance asthe Taxing Officer thinks reasonable must be madenot exceeding per day ......................................... 427.10

44 Where the Taxing Officer is satisfied that asolicitor’s principal place of practice is in a placeother than that in which the Court is sitting, and itis necessary for the solicitor to leave that place toattend in Court or in Chambers at the hearing of anappeal, application, or cause, an allowance (inaddition to reasonable travelling expenses) may bemade for each day that the solicitor is necessarilyabsent from the principal place of practice of suchamount that the Taxing Officer thinks reasonablehaving regard to such other charges as the solicitormay be entitled to make in the matter- not exceeding per day ....................................... 954.20

45 An attendance for which no other provision is made............................................................................. 42.40

Preparation of appeal and application books

46 Preparation of appeal and application booksincluding collating all necessary material, allnecessary attendances and general oversight oftheir preparation in cases where the Registrar issatisfied it has been done efficientlyper hour- solicitor.............................................................. 138.10- clerk .................................................................. 46.00

47 Where appeal or application books are prepared ina solicitor’s office, the Taxing Officer may, in hisor her discretion, allow such sum as the TaxingOfficer thinks just and reasonable having regard towork and labour properly performed and chargedfor material used. In exercising his or herdiscretion, the Taxing Officer must have regard tocommercial rates for copying and binding and isnot obliged to apply the photographic or machinemade copy costs otherwise allowable in this scale.



Item Amount ($)

General care and conduct

48 The Taxing Officer may, where the case orcircumstances warrant it, allow an amount to beclaimed under this item, in addition to any itemwhich appears in this scale, for general care andconduct. In exercising his or her discretion, theTaxing Officer may have regard to any matterswhich the Taxing Officer considers relevant,including:

(a) the complexity of the matter and thedifficulty and novelty of the questions raisedor any of them;

(b) the importance of the matter to the party andthe amount involved;

(c) the skill, labour, specialised knowledge andresponsibility involved therein on the part ofthe solicitor;

(d) the number and importance of the documentsprepared or perused without regard to length;

(e) the time expended by the solicitor;(f) research and consideration of questions of

law and fact.

Witnesses expenses

49 Witnesses called because of their professional,scientific or other special skill or knowledge- per day .............................................................. 777.20

50 Witnesses called, other than those covered in item49- per day .............................................................. 82.00

51 Witnesses remunerated in their occupation bywages, salary or fees, the amount lost by attendanceat Court.

52 If the witness resides more than 50 kilometres fromthe Court, such sum as the Taxing Officer thinksreasonable for the actual cost of travel, and areasonable amount for sustenance or maintenance.



Item Amount ($)

53 The Taxing Officer may also allow such amount ashe or she thinks reasonable and properly incurredand paid to witnesses for qualifying to give skilledevidence.

54 Despite anything in the scale, the Taxing Officermay allow to an expert witness a special fee forattendance at Court not covered by the foregoingparagraphs of this item when the witness is actingas an expert in assisting counsel or a solicitor for aperiod during the trial or hearing. The scale in thisitem does not affect the existing practice ofallowing qualifying fees to witnesses.

Disbursements

55 All Court fees, counsel’s fees and other fees andpayments to the extent to which they have beenproperly and reasonably incurred and paid, areallowed.

56 The remuneration allowed to a solicitor is governedby the foregoing scale but, in special cases, theTaxing Officer may, in his or her discretion, allowsuch additional charges or disbursements as theTaxing Officer considers reasonable.

Notes to the High Court Rules 1952

Table of Statutory Rules


Notes to the High Court Rules 1952Note 1

The High Court Rules 1952 (in force under the Judiciary Act 1903) asshown in this compilation comprise Statutory Rules 1952 No. 23amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitionalprovisions prior to 3 March 1997 is not included in this compilation. Forsubsequent information see Table A.


Year andnumber

Date ofnotificationin Gazette

Date ofcommencement

Application,saving ortransitionalprovisions

1952 No. 23 1 May 1952 1 Jan 19531953 No. 1 8 Jan 1953 8 Jan 1953 —1953 No. 46 14 May 1953 14 May 1953 —1954 No. 102 7 Oct 1954 7 Oct 1954 —1955 No. 25 14 Apr 1955 14 Apr 1955 —1955 No. 34 26 May 1955 26 May 1955 —1959 No. 107 31 Dec 1959 31 Dec 1959 —1960 No. 19 13 Apr 1960 13 Apr 1960 —1960 No. 94 17 Nov 1960 17 Nov 1960 —1961 No. 19 9 Feb 1961 9 Feb 1961 —1961 No. 89 20 July 1961 20 July 1961 R. 11968 No. 4 18 Jan 1968 1 Feb 1968 R. 7 (2) and (3)1970 No. 17 19 Feb 1970 1 Mar 1970 R. 11973 No. 94 31 May 1973 31 May 1973 —1973 No. 205 25 Oct 1973 25 Oct 1973 R. 11976 No. 44 3 Feb 1976 1 Feb 1976 R. 1 (2)1977 No. 41 28 Mar 1977 28 Mar 1977 —1978 No. 10 24 Jan 1978 1 Feb 1978 —1978 No. 46 29 Mar 1978 1 Apr 1978 R. 21980 No. 88 21 Apr 1980 21 Apr 1980 (see r. 1 and

Gazette 1980, No. S82)Rr. 2–4

1980 No. 296 14 Oct 1980 17 Oct 1980 —1981 No. 24 27 Feb 1981 1 Mar 1981 R. 1 (2)1982 No. 77 31 Mar 1982 31 Mar 1982 —1982 No. 164 6 July 1982 6 July 1982 —1982 No. 216 10 Sept 1982 4 Oct 1982 —1982 No. 262 5 Oct 1982 5 Oct 1982 —




Year andnumber

Date ofnotificationin Gazette

Date ofcommencement

Application,saving ortransitionalprovisions

1983 No. 257 2 Nov 1983 2 Nov 1983 —1983 No. 263 7 Nov 1983 8 Nov 1983 R. 1 (2)1984 No. 406 12 Dec 1984 12 Dec 1984 —1985 No. 387 10 Jan 1986 10 Jan 1986 —1986 No. 22 21 Feb 1986 24 Feb 1986 R. 1 (2)1986 No. 290 3 Oct 1986 6 Oct 1986 R. 1 (2)1986 No. 305 23 Oct 1986 1 Nov 1986 —1986 No. 383 22 Dec 1986 1 Jan 1987 —1987 No. 46 30 Mar 1987 31 Mar 1987 R. 21987 No. 179 4 Sept 1987 7 Sept 1987 R. 1 (2)1987 No. 302 22 Dec 1987 4 Jan 1988 R. 1 (2)1988 No. 218 31 Aug 1988 5 Sept 1988 R. 1 (2)1988 No. 230 22 Sept 1988 6 Feb 1989 —1989 No. 27 2 Mar 1989 6 Mar 1989 R. 1 (2)1989 No. 132 30 June 1989 1 July 1989 —1990 No. 349 9 Nov 1990 12 Nov 1990 R. 1 (2)1991 No. 318 24 Oct 1991 24 Oct 1991 —1991 No. 473 16 Dec 1991 16 Dec 1991 —1992 No. 40 17 Feb 1992 24 Feb 1992 R. 1.21992 No. 85 31 Mar 1992 1 Apr 1992 —1993 No. 32 19 Feb 1993 22 Feb 1993 R. 1.21993 No. 324 6 Dec 1993 1 Feb 1994 —1994 No. 1 17 Jan 1994 1 Feb 1994 —1994 No. 144 23 May 1994 30 May 1994 R. 1.21995 No. 45 23 Mar 1995 3 Apr 1995 —1995 No. 108 29 May 1995 29 May 1995 R. 1.21996 No. 260 29 Nov 1996 1 Jan 1997 —1997 No. 11 14 Feb 1997 3 Mar 1997 R. 1.2 [see

Table A]1998 No. 61 15 Apr 1998 4 May 1998 R. 1.2 [see

Table A]1998 No. 298 30 Sept 1998 1 Oct 1998 —1999 No. 197 13 Sept 1999 1 Oct 1999 R. 4 [see

Table A]2000 No. 274 5 Oct 2000 5 Oct 2000 R. 4 [see

Table A]2001 No. 243 14 Sept 2001 17 Sept 2001 R. 4 [see

Table A]


Table of Amendments


Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected How affected

Order 1r. 1 ....................................... rs. 1998 No. 298r. 5 ....................................... am. 1953 No. 46; 1980 No. 88r. 8 ....................................... am. 1980 No. 88Order 2r. 8 ....................................... rep. 1980 No. 88Order 3r. 4 ....................................... am. 1953 No. 46; 1968 No. 4Order 5r. 3 ....................................... rep. 1980 No. 88r. 8 ....................................... am. 1953 No. 46Order 9r. 2 ....................................... am. 1953 No. 46Order 10r. 1 ....................................... am. 1960 No. 94r. 11 ..................................... rs. 1953 No. 46r. 13 ..................................... am. 1960 No. 94Order 11r. 1 ....................................... am. 1980 No. 88r. 3 ....................................... am. 1953 No. 46r. 7 ....................................... am. 1953 No. 46r. 17 ..................................... am. 1980 No. 88r. 20 ..................................... am. 1968 No. 4Order 12r. 5 ....................................... am. 1953 No. 46; 1980 No. 88r. 6 ....................................... am. 1953 No. 46rr. 13, 14 .............................. am. 1953 No. 1Order 13r. 10 ..................................... am. 1980 No. 88Order 14r. 6 ....................................... am. 1953 No. 46Order 16r. 26 ..................................... am. 1968 No. 4r. 56 ..................................... am. 1953 No. 46Order 23r. 12 ..................................... rep. 1953 No. 46Order 26r. 7 ....................................... am. 1953 No. 46r. 9 ....................................... am. 1980 No. 88; 1982 No. 262


Table of Amendments




Order 27r. 4 ....................................... rep. 1953 No. 46Order 28r. 4 ....................................... am. 1980 No. 88r. 16 ..................................... rs. 1953 No. 46Order 30r. 14 ..................................... am. 1980 No. 88Order 32r. 7 ....................................... rs. 1953 No. 46Order 36r. 4 ....................................... am. 1980 No. 88Order 39r. 7 ....................................... am. 1968 No. 4; 1982 No. 164rr. 19, 20 .............................. rep. 1982 No. 164Order 43r. 12 ..................................... rep. 1980 No. 88Order 43AO. 43A ................................

(rr. 1, 2)ad. 1982 No. 77am. 1982 No. 262rs. 1991 No. 473

r. 3 ....................................... ad. 1983 No. 257rep. 1991 No. 473

Order 44r. 23 ..................................... am. 1953 No. 46Order 45r. 10 ..................................... am. 1985 No. 387Order 46r. 4 ....................................... am. 1953 No. 46Order 49r. 16 ..................................... am. 1968 No. 4Order 51r. 1 ....................................... am. 1955 No. 25rr. 10, 11 .............................. am. 1953 No. 46Order 52r. 1 ....................................... am. 1968 No. 4Order 53O. 53....................................

(rr. 1–7)rep. 1991 No. 473

rr. 1–7 .................................. rep. 1991 No. 473Order 55r. 8 ....................................... rs. 1970 No. 17

am. 1985 No. 387


Table of Amendments




Order 58r. 2 ....................................... am. 1953 No. 46; 1970 No. 17r. 3 ....................................... am. 1953 No. 1; 1954 No. 102

rep. 1980 No. 88r. 4 ....................................... rs. 2001 No. 243r. 5A..................................... ad. 1973 No. 94

rep. 1980 No. 88r. 8 ....................................... am. 1986 No. 383r. 14 ..................................... am. 1980 No. 88Order 59r. 4 ....................................... am. 1988 No. 230r. 5 ....................................... am. 1983 No. 257r. 6 ....................................... am. 1980 No. 88; 1983 No. 257r. 7 ....................................... ad. 1983 No. 257Order 60r. 4 ....................................... am. 1953 No. 46; 1954 No. 102

rs. 1991 No. 473Order 61r. 4 ....................................... am. 1970 No. 17Order 63r. 6 ....................................... am. 1953 No. 1; 1985 No. 387Order 65O. 65 ...................................

(rr. 1–20)rep. 1991 No. 473

rr. 1–3 .................................. rep. 1991 No. 473r. 4 ....................................... am. 1953 No. 46

rep. 1991 No. 473rr. 5–14 ................................ rep. 1991 No. 473r. 15 ..................................... am. 1953 No. 46

rep. 1991 No. 473rr. 16–18 .............................. rep. 1991 No. 473r. 19 ..................................... am. 1953 No. 46

rep. 1991 No. 473r. 20 ..................................... rep. 1991 No. 473Order 66O. 66 ...................................

(rr. 1–30)rep. 1991 No. 473

r. 1 ....................................... am. 1955 No. 25; 1959 No. 107rep. 1991 No. 473

rr. 2, 3 .................................. rs. 1955 No. 25am. 1959 No. 107rep. 1991 No. 473

rr. 4–30 ................................ rep. 1991 No. 473


Table of Amendments




Order 66AO. 66A ................................

(rr. 1–21)ad. 1955 No. 25rep. 1991 No. 473

rr. 1–21 ................................ ad. 1955 No. 25rep. 1991 No. 473

Order 66BO. 66B ................................

(rr. 1–14)ad. 1959 No. 107rep. 1991 No. 473

rr. 1–14 ................................ ad. 1959 No. 107rep. 1991 No. 473

Order 67O. 67 ...................................

(rr. 1–7)rep. 1991 No. 473

rr. 1–7 .................................. rep. 1991 No. 473Order 67AO. 67A ................................

(rr. 1–6)ad. 1961 No. 19rep. 1991 No. 473

rr. 1–6 .................................. ad. 1961 No. 19rep. 1991 No. 473

Order 68r. 2A..................................... ad. 1998 No. 298Order 69AO. 69A ................................

(rr. 1–11)ad. 1986 No. 383rep. 1993 No. 324

O. 69A ................................(rr. 1–15)

ad. 1993 No. 324rs. 1996 No. 260

r. 1 ....................................... ad. 1986 No. 383am. 1991 No. 473rs. 1993 No. 324; 1996 No. 260

r. 2 ....................................... ad. 1986 No. 383rs. 1993 No. 324; 1996 No. 260

r. 3 ....................................... ad. 1986 No. 383rs. 1993 No. 324am. 1995 No. 45rs. 1996 No. 260

r. 4 ....................................... ad. 1986 No. 383am. 1991 No. 473rs. 1993 No. 324; 1996 No. 260


rr. 6, 7 .................................. ad. 1986 No. 383rs. 1993 No. 324; 1996 No. 260



Table of Amendments




r. 9 ....................................... ad. 1986 No. 383rs. 1993 No. 324; 1996 No. 260

r. 10 ..................................... ad. 1986 No. 383rs. 1993 No. 324am. 1995 No. 45rs. 1996 No. 260

r. 11 ..................................... ad. 1986 No. 383rs. 1991 No. 318; 1993 No. 324am. 1994 No. 1rs. 1996 No. 260

rr. 12–15 .............................. ad. 1993 No. 324rs. 1996 No. 260

Order 70O. 70....................................

(rr. 1–8, 10, 12–24, 24A,25–33)

rep. 1986 No. 383

O. 70....................................(rr. 1–16)

ad. 1986 No. 383

r. 1 ....................................... rs. 1986 No. 383r. 2 ....................................... am. 1953 No. 1

rs. 1954 No. 102; 1986 No. 383am. 1995 No. 45

r. 3 ....................................... rs. 1986 No. 383am. 1995 No. 45

rr. 4–8 .................................. rs. 1986 No. 383r. 9 ....................................... am. 1953 No. 46; 1980 Nos. 88 and 296

rep. 1985 No. 387ad. 1986 No. 383

r. 10 ..................................... am 1953 No. 46; 1968 No. 4; 1980 Nos. 88 and 296rs. 1985 No. 387; 1986 No. 383

r. 11 ..................................... rep. 1953 No. 46ad. 1986 No. 383

r. 12 ..................................... am. 1953 No. 46; 1983 No. 257; 1985 No. 387rs. 1986 No. 383am. 1995 No. 45

rr. 13, 14 .............................. rs. 1986 No. 383r. 15 ..................................... am. 1953 No. 46; 1980 No. 88

rs. 1986 No. 383r. 16 ..................................... am. 1980 No. 88

rs. 1986 No. 383rr. 17–24 .............................. rep. 1986 No. 383r. 24A................................... ad. 1973 No. 94

rep. 1986 No. 383rr. 25–32 .............................. rep. 1986 No. 383r. 33 ..................................... ad. 1954 No. 102

rep. 1986 No. 383


Table of Amendments




Order 70AO. 70A ................................

(rr. 1–21)ad. 1977 No. 41

rr. 1–21 ................................ ad. 1977 No. 41Order 71r. 19 ..................................... am. 1985 No. 387r. 42 ..................................... am. 1968 No. 4r. 64 ..................................... am. 1968 No. 4r. 102 ................................... rep. 1968 No. 4r. 103 ................................... rs. 1955 No. 34r. 107 ................................... ad. 1992 No. 85Order 72r. 7 ....................................... am. 1960 No. 19; 1984 No. 406r. 8 ....................................... am. 1968 No. 4; 1978 No. 10

rep. 1992 No. 85r. 9 ....................................... am. 1968 No. 4

rep. 1992 No. 85rr. 11–14 .............................. rep. 1992 No. 85Order 73O. 73 ...................................

(rr. 1–3)ad. 1991 No. 473

rr. 1–3 .................................. ad. 1991 No. 473First Schedule ..................... am. 1955 No. 25; 1968 No. 4; 1973 No. 205; 1986 No. 383;

1991 No. 473; 1995 No. 45; 1996 No. 260; 1998 No. 298Form 1.............................. 1952 No. 23

rs. 1973 No. 205Form 2.............................. 1952 No. 23

am. 1968 No. 4Form 3.............................. 1952 No. 23Form 4.............................. 1952 No. 23


rs. 1973 No. 205Form 7.............................. 1952 No. 23


rs. 1973 No. 205Forms 10–26.................... 1952 No. 23Forms 27, 28.................... 1952 No. 23

am. 1968 No. 4Forms 29–31.................... 1952 No. 23Form 32............................ 1952 No. 23

am. 1968 No. 4


Table of Amendments




Forms 33–36.................... 1952 No. 23Form 37............................ 1952 No. 23

am. 1973 No. 205Forms 38–45.................... 1952 No. 23Form 46............................ 1952 No. 23

am. 1973 No. 205Forms 47–57.................... 1952 No. 23Forms 58–60.................... ad. 1955 No. 25Forms 61, 62.................... ad. 1986 No. 383

rs. 1995 No. 45; 1996 No. 260Form 62A ......................... ad. 1996 No. 260Form 63............................ rs. 1995 No. 45; 1996 No. 260Form 64............................ ad. 1986 No. 383

rs. 1995 No. 45am. 1996 No. 260

Forms 65–68.................... ad. 1986 No. 383Form 69............................ ad. 1991 No. 473Form 70............................ ad. 1998 No. 298

Second Schedule ................ rs. 1955 No. 34; 1961 No. 89; 1968 No. 4; 1973 No. 205;1976 No. 44; 1981 No. 24; 1983 No. 263; 1986 Nos. 22and 290; 1987 Nos. 179 and 302; 1988 No. 218; 1989No. 27; 1990 No. 349; 1992 No. 40; 1993 No. 32; 1994No. 144; 1995 No. 108; 1997 No. 11; 1998 No. 61; 1999No. 197; 2000 No. 274; 2001 No. 243

Third Schedule .................... am. 1953 No. 46rs. 1968 No. 4am. 1970 No. 17rs. 1978 No. 10; 1982 No. 216; 1986 No. 305; 1989 No.

132rep. 1992 No. 85


Table A


Table A Application, saving andtransitional provisions

Statutory Rules 1997 No. 11

1. Commencement and application

1.2 Notwithstanding sub-rule (1), the Schedule omitted from the HighCourt Rules by rule 2 shall continue to apply in relation to allwork done and services performed before 3 March 1997.


1. Commencement and application

1.2 Notwithstanding sub-rule (1), the Schedule omitted from the HighCourt Rules by rule 2 shall continue to apply in relation to allwork done and services performed before 4 May 1998.


4 Transitional

The Second Schedule to the High Court Rules 1952, as in forceimmediately before 1 October 1999, continues to apply in relationto all work done and services performed before 1 October 1999.


4 Transitional

The Second Schedule to the High Court Rules 1952, as in forceimmediately before the commencement of these Rules, continuesto apply in relation to all work done and services performedbefore the commencement of these Rules.


Table A



4 Transitional

The Second Schedule to the High Court Rules 1952, as in forceimmediately before 17 September 2001, continues to apply inrelation to all work done and services performed before17 September 2001.

High Court Rules 1952 - Legislation

Documents

Transcript of High Court Rules 1952 - Legislation