Rules of the Supreme Court 1971 (WA)
Western Australia
Supreme Court Act 1935
Western Australia
Supreme Court Act 1935
These rules may be cited as the
(1) These rules shall take effect on 14 February 1972.
[(2) deleted] (3) A proceeding pending, and a judgment, decree or order given or made before the commencement of these rules, being of a kind to which these rules apply, shall be treated as if pending, given or made under these rules, and may be proceeded with, enforced, varied, reversed or otherwise dealt with accordingly, subject to any special order or direction made or given by the Court in any particular case.
(1) Subject to the provisions of this Order, these rules shall have effect in relation to all proceedings in the Supreme Court.
(2) These rules shall not have effect in relation to proceedings of the kinds specified in the first column of the following Table (being proceedings in respect of which rules may be made under the enactments specified in the 2nd column of that Table) —
2. Non‑contentious or common form probate business. | |
4. Proceedings in the Court of Disputed Returns to which the |
(3) These rules, save as expressly provided, shall not apply to —
(a) any criminal proceedings;
[(b) deleted] (c) matters of practice or procedure or other matters to which rules of court made pursuant to a power conferred by any Act of the Commonwealth, apply.
(4) In the case of proceedings mentioned in subrules (2) and (3), nothing in those subrules shall be taken as affecting any provision of any rules (whether made under the Act or any other Act) by virtue of which the rules of the Supreme Court or any provisions thereof are applied in relation to any of those proceedings.
The inherent power of the Court to control the conduct of a proceeding is not affected by these rules.
(1) In these rules, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, namely —
(a) ambassador; and
(b) high commissioner; and
(c) minister; and
(d) head of mission; and
(e) commissioner; and
(f) chargé d’affaires; and
(g) counsellor, secretary or attaché at an embassy, high commissioner’s office, legation or other post; and
(h) consul‑general; and
(i) consul; and
(j) vice‑consul; and
(k) trade commissioner; and
(l) consular agent;
(a) a document that —
(i) has been filed with the Court; and
(ii) has not been refused by the Court; and
(iii) has been officially recorded by the Court as having been filed;
and
(b) any other document officially recorded by the Court as being a filed document;
(a) where any duty to be discharged under any Act or these rules is a duty which has heretofore been discharged by any officer, such officer shall unless otherwise provided by these rules continue to be the proper officer to discharge the same;
(b) where under any Act or these rules any new duty is to be discharged, the proper officer to discharge the same shall be the officer directed by these rules, or if no such officer, such other officer as may from time to time be directed by the Chief Justice to discharge the same;
(c) when any doubt arises as to who is the proper officer to discharge any duty the Chief Justice may direct by what officer such duty is to be discharged;
(a) any forms, fees and costs referred to in these rules; and
(b) any other rules of court, forms, fees and costs made or prescribed in amendment of, or in addition to, these rules;
[(2) deleted]
The practice, procedure and interlocutory processes of the Court shall have as their goal the elimination of any lapse of time from the date of initiation of proceedings to their final determination beyond that reasonably required for interlocutory activities essential to the fair and just determination of the issues bona fide in contention between the parties and the preparation of the case for trial.
(1) Actions, causes and matters in the Court will, to the extent that the resources of the Court permit, be managed and supervised in accordance with a system of positive case flow management with the objects of —
(a) promoting the just determination of litigation; and
(b) disposing efficiently of the business of the Court; and
(c) maximising the efficient use of available judicial and administrative resources; and
(d) facilitating the timely disposal of business; and
(e) ensuring the procedure applicable, and the costs of the procedure to the parties and the State, are proportionate to the value, importance and complexity of the subject matter in dispute; and
(f) that the procedure applicable, and the costs of the procedure to the parties, are proportionate to the financial position of each party.
(2) These rules are to be construed and applied and the processes and procedures of the Court conducted so as best to ensure the attainment of the objects referred to in subrule (1).
When any cause or matter is disposed of in whole or in part by settlement the solicitors for the parties to the settlement shall notify the Principal Registrar in writing forthwith.
(1) The forms in Schedule 2 shall be used where applicable with such variations as the circumstances of the particular case require, and the reference to any form in or at the end of any rule shall be read as referring to the appropriate Form in Schedule 2 and as a direction to use that Form for the purpose indicated by the rule.
[(2) deleted]
(1) For the purposes of the
Restraining Orders Act 1997 , the forms set out in theMagistrates Court (Civil Proceedings) Rules 2005 Schedule 1, as in force on 25 November 2017, are prescribed (with any necessary changes) in relation to the matters specified in those forms.(2) Where a form is in parts, then only those parts of the form that are relevant, taking into account the part heading, need be used for a particular copy of the form, or for a particular purpose.
These rules are to be read with but do not affect the operation of the
(1) If —
(a) these rules provide that the Court is required or authorised to give any writ, notice, order, summons or other document to a person; and
(b) the person is an authorised user of the ECMS,
the Court may give the document to the person by means of the ECMS.
(2) If —
(a) these rules provide that a person is required or authorised to give a document to the Court; and
(b) the person is an authorised user of the ECMS,
the person may give the document to the Court only by filing the document electronically unless these rules provide otherwise in respect of the document.
(1) Where in beginning or purporting to begin any proceedings or at any stage in the course of or in connection with any proceedings, there has, by reason of anything done or left undone, been a failure to comply with the requirements of these rules, whether in respect of time, place, manner, form or content or in any other respect, the failure shall be treated as an irregularity and shall not nullify the proceedings, any step taken in the proceedings, or any document, judgment or order therein.
(2) Subject to subrule (3) the Court may, on the ground that there has been such a failure as is mentioned in subrule (1), and on such terms as to costs or otherwise as it thinks just, set aside either wholly or in part the proceedings in which the failure occurred, any step taken in those proceedings, or any document, judgment or order therein or exercise its powers under these rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the proceedings generally as it thinks fit.
(3) The Court shall not wholly set aside any proceedings or the writ or other originating process by which they were begun on the ground that the proceedings were required by any of these rules to be begun by an originating process other than the one employed.
(1) An application to set aside for irregularity any proceedings, any step taken in any proceedings or any document, judgment or order therein shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(2) An application under this rule shall be made by summons or motion, as the case may require, and the grounds of objection must be stated in the summons or notice of motion.
Without prejudice to the definition of the word
(1) Where clear days are prescribed by these rules or fixed by any judgment, order or direction, the time shall be reckoned exclusively of the first and last day. Where any number of days not expressed to be clear days is prescribed or fixed the time shall be reckoned exclusively of the first and inclusively of the last day.
(2) Where less than 7 days is prescribed by these rules or limited by any judgment, order or direction for doing any act any day on which the Central Office is closed for business shall not be reckoned.
In the computation of the time prescribed by these rules or by an order or direction for filing, serving or amending any pleading or for filing and serving any notice of appeal the period or any part of the period which is between 24 December and 15 January next following shall not be reckoned unless the Court orders.
(1) Where the time prescribed by these rules or by any judgment, order or direction for doing any act expires on a day on which the Central Office is closed, and by reason thereof such act cannot be done on that day, the time shall be extended to the day on which the Central Office shall next be open.
(2) Subrule (1) does not apply to the filing of a document on a day on which the Central Office is closed if the document is required by these rules to be filed electronically.
(1) The Court may, on such terms as it thinks just, by order extend or abridge the period within which a person is required or authorised by these rules, or by any judgment, order, or direction, to do any act in any proceedings.
(2) The Court may extend any such period as is referred to in subrule (1) although the application for extension is not made until after the expiration of that period.
(3) The period within which a person is required by these rules, or by any order or direction, to serve, file or amend any pleading or other document may be extended by consent (given in writing) without an order of the Court being made for that purpose.
Where any security is ordered to be given by a party the time prescribed by these rules or fixed by any order for the taking of any step by another party contingent on due compliance with the order for security, shall be deemed to be extended by the period between service of the order for security, and the giving of security.
Where a year or more has elapsed since the last proceeding in an action, the party who desires to proceed must give to every other party not less than one month’s notice of his intention to proceed. A summons on which no order was made is not a proceeding for the purpose of this rule.
In this Order, unless the contrary intention appears —
(1) A case management direction is any procedural direction that in the Court’s opinion it is just to make in a case to facilitate the attainment of the objects referred to in Order 1 rule 4B(1).
(2) Without limiting subrule (1), a case management direction may do one or more of the following —
(a) give directions to assist the convenience of the parties or witnesses;
(b) direct the parties to comply with a timetable for procedural steps that are needed in the case;
(c) dispense with all or any or any further pleadings;
(d) direct specified pleadings to be filed;
(e) dispense with any interlocutory step;
(f) direct that an interlocutory application not be heard;
(g) as to any interlocutory matter —
(i) direct the parties or their legal practitioners to file and exchange memoranda before the hearing of it in order to clarify the matters in issue before the hearing;
(ii) direct that it be dealt with by telephone, video link or other similar means of communication;
(iii) give directions as to the use of audio‑visual equipment, computers and other equipment in any hearing of it;
(iv) direct that it be dealt with, and any evidence in relation to it be provided, by email, fax, telegram, telex, courier, post or other similar means;
(v) give directions for the speedier and more effective recording of evidence at any hearing of it;
(h) direct that an application for an adjournment of any proceeding be supported by affidavits of specified people;
(i) limit discovery or direct that discovery be given in stages;
(ia) give directions for the purposes of Order 36A rule 1 as to expert evidence including directions as to any of the following —
(i) the provision to a party or the Court of a copy of a report, or part of a report, of an expert witness, before the trial;
(ii) the disclosure to a party or the Court, in writing, of the substance of all or any part of expert evidence, before the trial;
(iii) the number of expert witnesses who may be called at the trial;
(iv) the provision to the case manager for inspection under subrule (6) of any report or document containing expert evidence or the substance of the expert evidence;
(j) direct any or all of the parties to confer on a “without prejudice” basis for the purpose of identifying, resolving and narrowing the points of difference between them;
(k) direct that experts, whose reports have been provided or whose evidence the substance of which has been disclosed, under a direction under paragraph (ia), confer on a “without prejudice” basis for the purpose of identifying, resolving and narrowing the points of difference between them;
(l) if under paragraph (j) or (k) a conference is directed to be held —
(i) subject to subrule (5) and rule 8, direct that it be conducted by a mediator;
(ii) direct that it be held by telephone, video link or other similar means of communication;
(iii) set the terms or conditions for it and deal with anything in relation to it;
[(m) deleted] (n) direct a party (
A ) intending to produce a plan, photograph, model or other object (theobject ) at trial to serve on the other party (B ), at a time specified, a written notice —(i) describing the object; and
(ii) stating where and when it may be inspected; and
(iii) requiring B to serve A, within 7 days after the date on which the notice is served, a written notice agreeing or refusing to agree to the admission in evidence of the object without further proof of it;
(o) direct a legal practitioner for a party to give the party a memorandum stating —
(i) the approximate solicitor and client costs and disbursements of the party to the date of the memorandum; and
(ii) the estimated future solicitor and client costs and disbursements of the party to but not including the trial; and
(iii) the estimated length of the trial and the estimated solicitor and client costs and disbursements of the trial; and
(iv) the estimated party and party costs that would be payable by the party if the party were unsuccessful at trial;
(p) set a timetable for the trial of the case including a timetable that includes any limit that could be directed under Order 34 rule 5A(1);
(q) limit the length of written submissions that can be made in the case;
(r) direct the parties to prepare bundles, files or folders of documents for use at the trial of the case, either —
(i) grouped according to topic, class, category, allegation in issue or otherwise; or
(ii) in an order or sequence,
as specified in the direction, and identified or indexed as specified in the direction;
(s) direct a party to serve on the other parties, at times set by the case manager making the direction, a signed written statement of the proposed evidence in chief of each witness to be called by that party;
(t) direct that a signed written statement referred to in paragraph (s) or any part of it stand as the evidence in chief of the witness;
(u) change the venue of the trial, or adjourn the trial part heard to continue at a different venue;
(v) in exceptional circumstances, direct that an application made by a party under this Order operate as a stay of proceedings;
(w) in exceptional circumstances or if not to do so would frustrate the appeal, direct that an appeal against a decision made under this Order by a registrar operate as a stay of proceedings;
(x) give directions as to the manner in which the parties are to defray the costs of giving effect to any case management direction;
(y) direct that a specified case management direction be complied with by a set date;
(z) direct that a referee give the Court a report on any question or issue of fact.
(3) A case management direction may —
(a) include any ancillary direction that is needed for the purpose of the direction; and
(b) amend or cancel another case management direction.
[(4) deleted] (5) A case management direction must not, without the consent of the parties, direct that a conference take place where a party would become liable to remunerate a mediator.
(6) For the purpose of deciding whether to make a direction for the purposes of Order 36A rule 1, the case manager may inspect any report or document containing expert evidence or the substance of the expert evidence, with or without disclosing the contents of that report or document to any other party.
An enforcement order is —
(a) an order as to the payment of costs;
(b) an order as to the payment of costs of the parties on an indemnity basis, to be fixed in a manner specified in the order, and payable within 14 days after the date of the order;
(c) a self‑executing order for judgment, striking out pleadings or otherwise;
(d) an order under Order 66 rule 5.
If a provision in this Order is inconsistent with these rules or the
An interlocutory application or matter, a review under rule 5 and a request by a party (including a request by a party under rule 5A) must be dealt with by way of a case management conference unless —
(a) the case manager directs otherwise; or
(b) a decision is made in relation to the application, matter, review or request on the basis of documents filed without requiring the parties or their legal practitioners to attend a hearing.
(1) The case manager for a case may review the progress of the case —
(a) at any time in the case, on the case manager’s own initiative after notifying the parties; or
(b) when hearing a request by a party (including a request by a party under rule 5A); or
(c) when hearing any other application in the case.
(2) On the review, the case manager may do all or any of the following —
(a) make any interlocutory order the case manager considers just;
(b) make any case management direction the case manager considers just;
(c) make any enforcement order the case manager considers just.
(3) For the purposes of subrule (1)(a), the case manager may at any time direct all or any of the parties to a case to attend before the case manager.
(4) If the case manager is a master, subrules (1) and (2) are subject to Order 60 rule 1(3) and (4).
(5) If the case manager is a registrar, subrules (1) and (2) are subject to Order 60A rule 2(2), (3) and (4).
(1) A party to a case may at any time request the case manager to do any of the following —
(a) make an interlocutory order that the case manager has jurisdiction to make;
(b) make, cancel or amend a case management direction.
(2) The party must make the request by way of a letter to the case manager in accordance with rule 5B(1) and (2) unless —
(a) the request is made orally either during a case management conference or during a hearing; or
(b) a motion or summons is justified by the circumstances of the particular case or the nature of the request, in which case the request may be made by way of motion or summons; or
(c) the
Supreme Court (Corporations) (WA) Rules 2004 apply to the case, in which case the request must be made under those rules; or(d) a form, prescribed under a written law, is specific to the nature of the request, in which case the request must be made in that form.
(3) The case manager may by notice, direct the parties to attend a case management conference or a hearing to consider the request.
(1) A party making a request under rule 5A by way of a letter must —
(a) file the letter and any attachments; and
(b) set out in the letter details of any order or direction sought or file with the letter as an attachment a minute in Form 78 of any order sought; and
(c) file with the letter as an attachment any other relevant document; and
(d) email a copy of the letter and the attachments to the associate to the case manager, or if the case manager is not known, to the associate to the Principal Registrar; and
(e) give a copy of the letter and the attachments to the other parties.
(2) A party must comply with subrule (1) not less than 2 clear days before the case manager is requested to act upon the request.
(3) A party who fails to comply with subrule (1) or (2) in relation to a letter, attachment or other document cannot, without the case manager’s leave, refer to or rely on the document —
(a) in any hearing; or
(b) in any other filed document.
(4) If a party is given leave to refer to or rely on a document referred to in subrule (3), the party must file the document as soon as practicable after the leave is given.
(5) Order 67A rule 2(4) and (5) do not apply to a party who fails to comply with subrule (1)(a).
(6) The case manager may direct a party who has made a request by way of a letter to make the request in some other manner.
A party who seeks to refer to or rely on a document while making an oral request during a case management conference or a hearing referred to in rule 5A(2)(a) must —
(a) if the document contains a proposed order or a direction, file the document as soon as practicable after the conference or hearing; and
(b) if the document is required to be filed under these rules, comply with Order 67A Division 2 in relation to the document.
(1) This rule applies if the case manager for a case directs the parties to the case to comply with a timetable for procedural steps that are needed in the case.
(2) The case manager making the direction must set the timetable.
(3) The case manager may do all or any of the following —
(a) amend the timetable, whether on the case manager’s own initiative or on a party’s request;
(b) at any time direct the parties to explain in writing why the timetable has not been complied with;
(c) at any time, by notice, direct the parties to attend a hearing and explain why the timetable has not been complied with;
(d) for the purposes of a hearing under paragraph (c), direct the parties to file an affidavit in response to the direction at any time that the case manager considers just;
(e) after a hearing under paragraph (c) —
(i) amend the timetable;
(ii) make any case management direction the case manager considers just;
(iii) make any enforcement order the case manager considers just;
(f) if a party does not comply with the timetable, obey a direction under paragraph (c) or file an affidavit as directed, make any case management direction or enforcement order the case manager considers just.
(4) If the case manager is a master, subrule (3)(e) and (f) are subject to Order 60 rule 1(3) and (4).
(5) If the case manager is a registrar, subrule (3)(e) and (f) are subject to Order 60A rule 2(2), (3) and (4).
(6) If a direction is made under subrule (3)(b), the parties and their legal practitioners must —
(a) give the Court the explanation within the time specified in the direction; and
(b) serve the explanation on each other party.
(1) A party who is represented by a legal practitioner need not attend a proceeding under this Order unless subpoenaed or directed to do so by the case manager.
(2) Unless the case manager directs otherwise, subrule (1) does not apply to —
(a) a conference conducted by a mediator under rule 8; or
(b) a strategic conference held under rule 14A; or
(c) the first case management conference for the case referred to in rule 18(1).
(3) If there is no legal practitioner on the record for a party that is a body corporate, the case manager presiding at a proceeding under this Order may permit a person who is not a legal practitioner to represent the party.
(1) The case manager for a case may, by notice, direct that a conference conducted by a mediator be held for the case.
(2) The case manager must direct whether the mediator is to be an approved mediator or some other person.
(3) The case manager must not direct that the mediator is to be a person who is not an approved mediator unless the parties consent.
(3A) The following persons must attend the conference unless the mediator or the case manager directs otherwise —
(a) each party to the case;
(b) if a party is represented by a legal practitioner, the legal practitioner;
(c) if a party is not an individual, a representative of the party with authority to conduct settlement negotiations and to settle the case;
(d) if settlement negotiations are to be conducted on behalf of a party by its insurer, a representative of the insurer with authority to conduct settlement negotiations and to settle the case.
(4) In the absence of any other direction made by the case manager —
(a) the conference must take place at the time and place directed; and
(b) if the case manager does not set a date for the conference, each party must, subject to any directions, take the steps necessary to ensure the conference takes place as soon as possible; and
(c) each party’s costs of and incidental to the conference shall be the party’s costs in the cause, unless the parties agree; but a party may apply for those costs if they have been unnecessarily incurred due to the conduct of the other party; and
(d) the fees and expenses of any mediator who is not a registrar must be paid by the parties in equal shares, unless the parties agree; and
(e) within 2 weeks after the conclusion of the conference, the plaintiff must file a report, signed by or on behalf of each party —
(i) confirming that the conference has taken place as directed; and
(ii) recording the substance of any resolution or narrowing of the points of difference between the parties resulting from the conference.
(5) The mediator —
(a) must not, unless the parties agree, report to the Court on the conference; but
(b) whether or not the parties agree, may report to the Court on any failure by a party to cooperate in the conference.
(6) A report given under subrule (5)(b) must not be disclosed to the trial judge except for the purposes of determining any question as to costs.
(1) This rule applies if the case manager for a case directs that a referee give the Court a report on any question or issue of fact.
(2) The case manager may do any or all of the following —
(a) appoint the referee;
(b) give the referee instructions about the question or issue of fact referred and the report required;
(c) give directions with respect to the conduct of proceedings before the referee;
(d) give directions for the provision —
(i) of services of officers of the Court;
(ii) of courtrooms and other facilities,
for the purpose of the referee;
(e) vary or cancel a direction given under this subrule.
(3) The case manager may —
(a) determine the amount of the fees to be paid to the referee; and
(b) direct how, when and by whom the whole or any part of the fees referred to in paragraph (a) are to be paid.
(4) Evidence before the referee —
(a) may be given orally or in writing; and
(b) must, if the referee so requires, be given on oath or affirmation.
(5) Evidence additional to the evidence taken before the referee cannot be adduced before the Court except with the leave of the Court.
This Division applies to every CMC List case unless and to the extent it is directed otherwise by a CMC List case manager.
These cases are on the CMC List —
(a) any case in which defamation is alleged;
(ba) any case in which there is an application for —
(i) judicial review to which Order 56 applies; or
(ii) a review order under the
Magistrates Court Act 2004 section 36; or(iii) a writ of habeas corpus or an information of
quo warranto ;
(b) any case that is directed to be on the list under rule 13;
(ca) any case involving proceedings to which the
Supreme Court (Arbitration) Rules 2016 apply;(c) any case on the CMC List, as established administratively by the Court, immediately before the
Supreme Court Amendment Rules 2010 rule 5 comes into operation.
The heading of every document filed or issued in a CMC List case must include “Commercial and Managed Cases List” under “In the Supreme Court of Western Australia”.
(1) Only a CMC List case manager can direct that a case be admitted to or taken off the CMC List.
(2) A CMC List case manager, on the case manager’s own initiative or on a request made under rule 14, may direct a case to be admitted to the CMC List.
(3) A CMC List case manager, on the case manager’s own initiative or on a request by a party, may direct a CMC List case to be taken off the CMC List.
(1) A party to a case may request a direction that the case be admitted to the CMC List.
(2) The request must not be made until after the first of the following events occurs —
(a) an appearance has been entered by each party who is required to do so;
(b) the time limited for appearing expires.
(3) The request is a request under rule 5A and must —
(a) be made by letter in accordance with rule 5B(1) and (2); and
(b) contain the email address (if any) —
(i) of each party to the case, other than a party who is required to enter an appearance and has not; and
(ii) that was provided by a party in accordance with Order 71A rule 3.
(4) A request made under this rule must be decided by a CMC List case manager.
(5) At the hearing of the request, the CMC List case manager, if satisfied the case should be subject to this Division, may direct the case be admitted to the CMC List unless a party shows cause why it should not be admitted.
(1) In this rule —
(2) The CMC List case manager may, by notice, direct that a strategic conference be held for the case.
(3) The following persons must attend the conference unless the case manager directs otherwise —
(a) each party to the case;
(b) if a party is represented by a legal practitioner, the legal practitioner.
(1) The CMC List case manager may hear any interlocutory matter relating to the case, or may refer the matter to a judge or master for hearing who has and may exercise all powers of the case manager.
(2) If the CMC List case manager is a master, subrule (1) is subject to Order 60 rule 1(3) and (4).
This Division applies to every case that is not on the CMC List unless and to the extent it is ordered otherwise by a judge or master.
(1) The case manager for a case may, by notice, direct that the first case management conference be held for the case.
(2) The following persons must attend the first case management conference for a case unless the case manager directs otherwise —
(a) each party to the case;
(b) if a party is represented by a legal practitioner, the legal practitioner.
(3) At any case management conference the case manager may inquire into the following —
(a) whether pleadings or any specified pleadings are necessary;
(b) the state of the pleadings and whether the times prescribed by these rules for pleadings are being complied with and if not, the reasons for the non‑compliance;
(c) whether any party intends to commence third party or similar proceedings under Order 19;
(d) whether any party intends to require discovery and inspection under Order 26;
(e) whether any party intends to interrogate under Order 27;
(f) whether any party intends to adduce expert evidence at the trial;
(g) whether a conference of the parties with a mediator is needed and if so, when;
(h) the likely length of the trial;
(i) any other matter relevant to ensuring the case is managed in accordance with Order 1 rule 4B.
(4) A case is not to be entered for trial unless the case manager has conducted a full case evaluation at one or more case management conferences for the case.
(5) The case manager may, at the request of a party, or on the case manager’s own initiative, make a direction that subrule (4) does not apply to the case.
(6) The case manager may conduct a full case evaluation referred to in subrule (4) by inquiring into the following —
(a) the state of the pleadings and if they are not closed, the reasons for that;
(b) whether a conference of the parties with a mediator is needed and if so, when;
(c) the content of any report or document containing expert evidence or the substance of expert evidence and whether a conference between experts is needed;
(d) whether the case, at the time of the listing conference, will be ready for trial and if not, the reasons for not being ready;
(e) whether the estimated length of the trial is still accurate;
(f) the number of witnesses to be called at the trial, whether there are any known difficulties as to the availability of any witness and the estimated time it will take for each witness to give evidence;
(g) the administrative resources likely to be needed for the trial.
(7) The first and any other case management conference may be held even if, at the time of the case management conference, not all parties to the case have been served with the originating process or have entered appearances.
(1) At any case management conference the case manager may at the request of a party or on the case manager’s own initiative do one or more of the following —
(a) make any interlocutory order the case manager considers just;
(b) make any case management direction the case manager considers just;
(c) make any enforcement order the case manager considers just.
(2) If the case manager is a master, subrule (1) is subject to Order 60 rule 1(3) and (4).
(3) If the case manager is a registrar, subrule (1) is subject to Order 60A rule 2(2), (3) and (4).
(4) The case manager may at the request of a party or on the case manager’s own initiative, arrange for one or more further case management conferences to be held but any further case management conference must not be held on or after the date of the listing conference.
(5) The case manager may at the request of a party or on the case manager’s own initiative, adjourn any case management conference from time to time but not to a date on or after the date of the listing conference.
(1) A listing conference shall be held before a judge in chambers.
(2) The listing conference shall be held as soon as practicable after the case is entered for trial or, in the case of an originating summons, after an application is made for an appointment for the attendance of the parties for the hearing of the summons.
(3) At the listing conference the judge may review the documents on the Court file and inquire into these matters —
(a) whether the case can be settled;
(b) which documents will be admitted at trial by consent;
(c) the number of witnesses to be called at the trial, whether there are any known difficulties as to the availability of any witness, and the estimated time it will take for them to give their evidence in chief;
(d) whether the case in all respects is ready to go to trial.
(4) At the listing conference the judge may do any or all of the following —
(a) make any case management direction the judge considers just;
(b) amend or cancel any case management direction made previously;
(c) if the judge considers it is convenient to do so to facilitate the preparation for, or the conduct of, the trial, or is otherwise desirable —
(i) after giving notice to the parties, determine any question of law; or
(ii) determine any question of procedure.
(5) The judge may adjourn the listing conference from time to time.
(6) At the listing conference the judge may fix the date of the trial of the case and the length of the trial.
In this Division —
(1) The case manager for a case may at any time, by notice, direct the parties to attend a hearing before a case manager to show cause why the case should not be put on the Inactive Cases List.
(2) The date of the hearing must be at least 7 days after the date on which the direction is made.
(3) The direction does not prevent any party to the case from taking any procedural step in the case.
(4) At the hearing the case manager may order that the case be put on the Inactive Cases List if not satisfied that the case is being conducted in a timely way, having regard to the requirements of these rules and the circumstances of the case.
(5) An order may be made under subrule (4) in the absence of any party.
(1) A judge, master or registrar making an interlocutory order or case management direction in a case may include an order that unless the interlocutory order or direction is complied with by a date stated in the order, the case is to be put on the Inactive Cases List.
(2) Unless countermanded by a judge, master or registrar, before it has effect, the order has effect according to its terms.
If no procedural step is taken in a case for 12 months by any party to the case, the case is taken to be inactive unless the case manager for the case orders otherwise.
(1) When an order is made under rule 22(4), or an order made under rule 23(1) takes effect, or a case is taken to be inactive under rule 24, the Principal Registrar must —
(a) put the case on the Inactive Cases List; and
(b) give all parties to the case written notice of —
(i) the fact that the case is on the Inactive Cases List and why; and
(ii) the effect of rule 28.
(2) If under subrule (1)(b) written notice is given to a party to the case by giving the notice to a legal practitioner for the party, the legal practitioner must, as soon as practicable after receiving the notice, notify the party of —
(a) the fact that the case is on the Inactive Cases List and why; and
(b) the effect of rule 28.
(1) If a case is on the Inactive Cases List, only these documents may be filed in the Court in relation to the case —
(a) a request for an order under rule 27(1);
(b) a notice of discontinuance by the plaintiff under Order 23 rule 2;
(c) a request made by the plaintiff or the defendant for leave under Order 23 rule 2;
(d) a written consent under Order 43 rule 16 to the making of an order that would finally dispose of the case.
(2) If the plaintiff or defendant in a case on the Inactive Cases List files a request for leave under Order 23 rule 2, the Court may grant leave under that rule even though the case has not been removed from that list.
(3) If a written consent is filed under Order 43 rule 16 to the making of an order in a case on the Inactive Cases List that would finally dispose of the case, the Court may make the order even though the case has not been removed from that list.
(1) Any party to a case on the Inactive Cases List may make a request to the Court for an order that the case be taken off the Inactive Cases List.
(2) The Court may order a case be taken off the Inactive Cases List if satisfied the case will be conducted in a timely way or for any other good reason.
(3) An order that a case be taken off the Inactive Cases List may include any conditions necessary to ensure the case is conducted in a timely way.
(1) If a case is on the Inactive Cases List for 6 continuous months after the date on which notice is given under rule 25(1)(b) to the parties to the case, the case is taken to have been dismissed for want of prosecution.
(1A) If notice is given under rule 25(1)(b) to different parties to the case on different dates, then, for the purposes of subrule (1), notice is taken to have been given on the last of those dates.
(2) If no procedural step (except an application to dismiss the case for want of prosecution) is taken in the 6 months after the date on which a case is ordered to be taken off the Inactive Cases List, the case is taken to have been dismissed for want of prosecution.
(3) If under subrule (1) or (2) a case is dismissed, the Principal Registrar must give all parties to the case written notice of the fact.
(4) Notwithstanding a case is dismissed under subrule (1) or (2) —
(a) any party to the case may apply for an order for costs; and
(b) the Court may make an order as to costs.
Subject to the provisions of any Act and of these rules —
(a) every action in the Court must be commenced by writ;
(b) civil proceedings between parties to be heard in chambers must be commenced by originating summons;
(c) all other civil proceedings must be commenced by originating motion.
Applications in pending proceedings must be made —
(a) if in court, by motion;
(b) if in chambers, in accordance with Order 59.
(1) Civil proceedings under the
Criminal Law (Mental Impairment) Act 2023 must be commenced by application in the form of Form 109.(2) Applications in proceedings commenced in accordance with subrule (1) that are pending or finalised must be made in the form of Form 110.
(3) This rule applies despite rules 1 and 2.
(1) Subject to subrule (2) and to Order 18 rule 12, Order 18A rule 2 and Order 70 rule 2, any person (whether or not the person sues as a trustee or personal representative or in any other representative capacity) may begin and carry on proceedings in the Supreme Court by a solicitor or in person.
(2) Except as expressly provided by or under any Act a body corporate may not begin or carry on any such proceedings otherwise than by a solicitor.
(1) In this Order —
(2) In this Order,
mortgagee andmortgagor have meanings that correspond to the meaning ofmortgage .
(1) This Order applies to any proceedings by a mortgagee or mortgagor, or by any person who has the right to foreclose or redeem any mortgage, if in the proceedings there is a claim for relief of any of the following kinds —
(a) delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by —
(i) the mortgagor; or
(ii) any other person who is, or is alleged to be, in possession of the property;
(b) foreclosure;
(c) sale of the mortgaged property;
(d) redemption;
(e) reconveyance of the property or its release from the security;
(f) delivery of possession by the mortgagee.
(2) Nothing in this Order extends or affects the powers of sale or foreclosure conferred by the
Transfer of Land Act 1893 Part IV Division 3.
(1) A mortgage action must be begun by writ unless the mortgage action is a defendant’s application for an order for delivery of possession referred to in subrule (3).
(2) If the writ is indorsed with a claim for relief of a kind referred to in rule 2(1)(a), (b) or (c), a notice in Form 4 must be attached to the front of the writ when the writ is served.
(3) A defendant in a mortgage action for redemption may apply by motion or summons for an order for delivery to the defendant of possession of the mortgaged property if —
(a) the plaintiff has failed to redeem; and
(b) foreclosure has taken place.
(4) On an application made under subrule (3) the Court may make whatever order it thinks fit.
(1) In this rule —
(2) Former Order 62A applies to and in relation to the following as if former Order 62A had not been deleted —
(a) transitional proceedings begun by originating summons before commencement day;
(b) transitional proceedings begun by writ if the writ was served before commencement day.
The writ for the commencement of an action, shall, except in the cases in which any different form is provided in these rules, be in Form No. 1 or 2, whichever is appropriate.
A writ to be served outside the State shall be in the form of Form 3.
In all cases in which it is proposed that the trial shall be elsewhere than in Perth, the writ must show the proposed place of trial.
Every writ shall be issued out of the Central Office.
Writs shall be prepared by the plaintiff or his solicitor.
Issue of a writ takes place upon its being sealed by the proper officer.
(1) The plaintiff or his solicitor shall, on presenting a writ for sealing, leave with the officer a copy of the writ, and all the indorsements thereon, and such copy shall be signed by or for the solicitor leaving the same, or by the plaintiff himself if he sues in person.
(2) Subrule (1) does not apply if the writ is filed electronically.
The proper officer must record, in the manner directed by the Chief Justice from time to time, a writ when it is issued.
A writ for service outside Australia shall not be issued without the leave of the Court.
Every writ of summons and also (unless by an Act or by these rules it is otherwise provided) every other writ shall bear date on the day on which it is issued and shall be tested in the name of the Chief Justice, whether he is within or outside the State, or if there is no Chief Justice, in the name of the Senior Puisne Judge.
(1) The time to be stated in a writ for the appearance of any defendant shall be not less than the time next hereinafter specified according to the place of service, that is to say —
(1) In the State of Western Australia — | |
Less than 300 km from Perth .......... | 10 days. |
300 km but less than 600 km from Perth ................................................ | 16 days. |
600 km and above 600 km .............. | 21 days. |
(2) Outside the State but within Australia | See subrule (2). |
(3) Outside Australia ................................ | See subrule (3). |
(2) In respect of a writ to be served outside the State but within Australia, the time must accord with the
Service and Execution of Process Act 1992 (Commonwealth).(3) In respect of a writ to be served outside Australia, the time is 42 days from the date of service unless the Court otherwise orders under Order 10 rule 9.
(4) In the computation of the times prescribed by this rule, the day of service shall be excluded.
(1) Before a writ is issued it must be indorsed with a concise statement of the nature of the claim made, and of the relief or remedy required in the action.
(2) In case of non‑compliance with subrule (1) the defendant may apply before appearance to set aside or amend the writ or for particulars.
In actions for defamation by publication the indorsement must state sufficient particulars to enable the publications in respect of which the action is brought to be identified.
In any action other than an action which includes —
(a) a claim by the plaintiff based on an allegation of fraud; or
(b) a claim by the plaintiff in respect of defamation, malicious prosecution, false imprisonment, seduction or breach of promise of marriage,
a statement of claim may, at the option of the plaintiff, be indorsed on the writ.
Where the plaintiff’s claim is for a debt or liquidated demand only, the writ before it is issued must be indorsed with a statement of the amount claimed in respect of the debt or demand, and for costs up to and including service, respectively, and such indorsement shall further state that upon payment thereof within the time allowed for appearance, further proceedings will be stayed. The defendant may notwithstanding such payment have the costs taxed and if more than one‑sixth is disallowed, the plaintiff’s solicitor shall pay the costs of taxation, unless otherwise ordered by the taxing officer.
If the plaintiff sues, or the defendant, or any of the defendants, is sued in a representative capacity, the indorsements shall show, in accordance with such of the indorsements in Form No. 5 as is applicable to the case or by any other statement to the like effect, in what capacity the plaintiff or defendant sues or is sued.
In all cases in which the plaintiff, in the first instance, desires to have an account taken, the writ shall be indorsed with a claim that such account be taken.
A writ or other document commencing proceedings must, in accordance with Order 71A, state —
(a) the geographical address; and
(b) the service details,
of each person commencing the proceedings.
(1) For the purpose of service, a writ (other than a concurrent writ) is valid in the first instance for 12 months beginning with the date of its issue and a concurrent writ is valid in the first instance for the period of validity of the original writ which is unexpired at the date of issue of the concurrent writ.
(2) Where a writ has not been served on a defendant, the Court may by order extend the validity of the writ from time to time for such period, not exceeding 12 months at any one time, beginning with the day next following that on which it would otherwise expire, as may be specified in the order, if an application is made to the Court before that day or such later day (if any) as the Court may allow.
(3) Before a writ, the validity of which has been extended under this rule, is served it must be marked with an official stamp showing the period for which the validity of the writ has been so extended.
(4) Where the validity of a writ is extended by order made under this rule, the order shall operate in relation to any other writ (whether original or concurrent) issued in the same action which has not been served so as to extend the validity of that other writ until the expiration of the period specified in the order.
The production of a writ purporting to be marked with the official stamp showing the period for which the validity of the writ has been extended shall be sufficient evidence of the validity of the writ having been so extended, and of the commencement of the action as of the date of the original writ, for all purposes.
(1) One or more concurrent writs may, at the request of the plaintiff, be issued at the time when the original writ is issued or at any time thereafter before the original writ ceases to be valid.
(2) Each concurrent writ shall bear
teste of the same day as the original writ, and shall be sealed by the proper officer with a seal bearing the word “Concurrent” and the date of issue of the concurrent writ.(3) Without affecting the generality of subrule (1) —
(a) a writ to be served within the jurisdiction may be issued as a concurrent writ with one to be served out of the jurisdiction; and
(b) a writ to be served out of the jurisdiction may be issued as a concurrent writ with one to be served within the jurisdiction.
(4) A concurrent writ is a true copy of the original writ with such differences only (if any) as are necessary having regard to the purpose for which the writ is issued.
(5) Subrule (6) applies if —
(a) an original writ is sealed and issued to the plaintiff by means of the ECMS; or
(b) the plaintiff has lawful access to an original writ in the ECMS.
(6) If this subrule applies —
(a) the plaintiff may print from the ECMS 1 or more copies of the original writ; and
(b) a printed copy may be treated as a concurrent writ despite subrule (2) not having been complied with.
(1) If at any time after 6 months after a writ is issued it appears to the Court that —
(a) no affidavit of service of the writ has been filed by the plaintiff; and
(b) no appearance has been entered to the writ,
the Court may, by notice, direct that a hearing be held, at least 7 days after the direction is made, where the plaintiff must show cause why the writ should not be struck out.
(2) If at the hearing the Court is not satisfied that the writ has not been served for good reason the Court may —
(a) strike out the writ; or
(b) make directions as to the service of or the time for serving the writ.
(3) On being struck out, a writ and any writ that is concurrent with it cease to be valid.
(1) Every solicitor whose name is indorsed on any writ of summons shall, on demand in writing made by or on behalf of any defendant who has been served therewith or has appeared thereto, declare forthwith in writing whether such writ has been issued by him or with his authority.
(2) If the solicitor answers in the affirmative, then he shall also, in case the Court so orders and directs, declare in writing within a time allowed by the Court, the profession, occupation, or quality, and place of abode of the plaintiff, on pain of being guilty of a contempt of court.
(3) If the solicitor declares that the writ was not issued by him or with his authority, all proceedings upon the same shall be stayed, and no further proceedings shall be taken thereon without leave of the Court.
(1) A party suing or defending by a solicitor may change his solicitor without an order for that purpose, upon notice of such change being filed, but until such notice is filed and a copy thereof served in accordance with this rule, the former solicitor shall subject to the provisions of this Order, be considered the solicitor of the party until the final conclusion of the cause or matter including any appeal therein.
(2) The party giving the notice must serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former solicitor a copy of the notice indorsed with a memorandum stating that the notice has been duly filed.
Where a party, after having sued or defended in person, appoints a solicitor to act in the cause or matter on his behalf, the change may be made without an order for that purpose, by filing a notice of appointment of a solicitor and rule 2(2) shall with the necessary modifications, apply in relation to a notice of appointment of a solicitor as it applies in relation to a notice of change of solicitor.
Where a party, after having sued or defended by a solicitor, intends and is entitled to act in person, the change may be made without an order for that purpose and rule 2 shall with the necessary modifications apply in relation to a notice of intention to act in person as it applies in relation to a notice of change of solicitor.
A notice filed under rule 2, 3, 4 or 5 —
(a) must be in Form 5AA; and
(b) must state, in accordance with Order 71A —
(i) the party’s geographical address; and
(ii) the party’s service details.
(1) Where a solicitor who has acted for a party in a cause or matter has died or become bankrupt, or cannot be found or has ceased to have the right of practising in the Court, or for any other reason has ceased to practise, and the party has not given notice of change of solicitor or notice of intention to act in person, any other party to the cause or matter may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the first‑mentioned party in the cause or matter, and the Court may make an order accordingly.
(2) An application for an order under this rule must be made by summons which, unless the Court otherwise directs, must be served on the party to whose solicitor the application relates, and must be supported by an affidavit stating the grounds of the application.
(3) Where an order is made under this rule the party on whose application it was made must —
(a) forthwith serve on every other party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order; and
(b) file a certificate signed by him or his solicitor that the order has been duly served as aforesaid.
(1) Where a solicitor who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with the provisions of this Order, the solicitor may apply to the Court for an order declaring that the solicitor has ceased to be the solicitor acting for the party in the cause or matter and the Court may make an order accordingly; but unless and until the solicitor —
(a) serves on every party to the cause or matter (not being a party in default as to entry of appearance) a copy of the order, and
(b) files a certificate signed by him that the order has been duly served as aforesaid,
he shall, subject to rules 1 to 6, be considered the solicitor of the party until the final conclusion of the cause or matter including any appeal therein.
(2) An application for an order under this rule must be made by summons, which unless the Court otherwise directs, must be served on the party for whom the solicitor acted, and must be supported by an affidavit stating the grounds of the application.
(3) The Court may dispense with the necessity of serving a party to a cause or matter with an order of the kind mentioned in subrule (1).
Any order made under this Order shall not affect the rights of the solicitor and the party as between themselves.
If —
(a) an order is made under rule 6 in respect of the solicitor of a party; or
(b) an order is made under rule 7 in respect of the solicitor of a party, and the solicitor has complied with rule 7(1),
the party’s service details are to be taken to be the party’s geographical address stated on the most recently filed document until —
(c) a notice is filed under rule 4 or 5; or
(d) the Court orders otherwise on an
ex parte application by the party,
in which case the party’s service details are those stated in the notice or ordered by the Court.
No solicitor shall act in any cause or matter for plaintiff and defendant, or for any 2 or more defendants having adverse interests in a cause or matter.
No legal practitioner or articled or other clerk to a legal practitioner shall be security for any party in any court without the leave of a judge.
In this Order —
(a) provides funding or other financial assistance to the party for the purposes of conducting the case; and
(b) exercises direct or indirect control or influence over the way in which the party conducts the case.
(1) A party to a case must notify the Principal Registrar and each other party to the case of the identity of any person who is an interested non‑party in relation to the party to the case.
(2) The notice is to be given in writing as soon as is reasonably practicable after the person becomes an interested non‑party in relation to the party to the case.
The duties to the Court of an interested non‑party in relation to a party to a case are the following —
(a) not to engage in conduct which is misleading or deceptive, or to aid, abet or induce such conduct, in connection with the conduct of the case;
(b) to cooperate with the parties and the Court in connection with the conduct of the case;
(c) to use reasonable endeavours to ensure that the goal in Order 1 rule 4A and the objects in Order 1 rule 4B are attained.
(1) This rule applies if a party to a case represents 1 or more persons who are not parties to the case, or the interests of those persons, in the case.
(2) The case manager for the case may, at any time, order the party to give the case manager a copy of any agreement relating to funding or other financial assistance an interested non‑party provides to the party for the purposes of conducting the case.
(1) Subject to the provisions of any Act and these rules, a writ must be served personally on each defendant by the plaintiff or his agent.
(2) Where a defendant’s solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.
(3) Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to be duly served on him and to have been so served on the date on which he entered the appearance.
(4) Where a writ is served on a defendant otherwise than by virtue of subrule (2) or (3) or Order 10 Division 4, the plaintiff in the action begun by the writ is not entitled to enter judgment against the defendant in default of appearance or in default of defence unless, within 3 days after service, the person serving it indorses on the sealed copy of the writ the following particulars —
(a) the day of the week and date on which it was served;
(b) where it was served;
(c) the person on whom it was served;
(d) if the person on whom it was served is not the defendant — the capacity in which the person was served;
(e) if under Order 4AA rule 3(2) a Form 4 must be attached to the writ when it is served — a statement that the Form 4 was attached to the front of the writ when it was served.
(1) Where the Court is satisfied on an
ex parte application that —(a) a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction; and
(b) the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate; and
(c) at the time of the application either the agent’s authority has not been determined or he is still in business relations with his principal,
the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.
(2) An order under this rule authorising service of a writ on a defendant’s agent must limit a time within which the defendant must enter an appearance.
(3) Where an order is made under this rule authorising service of a writ on a defendant’s agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction, if such address is known to the plaintiff.
(1) Where —
(a) a contract contains a term to the effect that the Supreme Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the Supreme Court has jurisdiction to hear and determine any such action; and
(b) the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner or at such place (whether within or out of the jurisdiction), as may be so specified,
then if an action in respect of the contract is begun in the Supreme Court and the writ by which it is begun is served in accordance with the contract the writ shall, subject to subrule (2), be deemed to have been duly served on the defendant.
[(2) deleted]
In an action claiming possession of land, the Court may —
(a) if satisfied on an
ex parte application that no person appears to be in possession of the land and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to the door of the dwelling house or to some conspicuous part of the land;(b) if satisfied on an
ex parte application that no person appears to be in possession of the land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to the door of the dwelling house or to some conspicuous part of the land shall be treated as good service on that defendant.
Rules 1 to 4 except rule 1(4) shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1) and (2) shall, with any necessary modifications, apply in relation to an originating summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.
In this Order —
This Order applies to service —
(a) outside the State but in Australia; or
(b) outside Australia, including in Convention countries.
Note for this rule:
See also Order 11A in relation to service in a Convention country and Order 11A rule 2 in relation to the interaction between this Order and that Order.
An originating process served on a person outside the State but in Australia must be served in accordance with the
(1) An originating process or other document that may be served on a person in New Zealand under the
Trans‑Tasman Proceedings Act 2010 (Commonwealth) Part 2 Division 2 must be served in accordance with that Act.
Note for this subsection:
See Order 39A for rules in relation to proceedings and NZ judgments to which the
(2) Rules 5 to 12 (which contain rules on service outside Australia) do not apply to service in New Zealand of an originating process for, or of any other document to be served in or for, a proceeding an originating process for which may be served in New Zealand under the
Trans‑Tasman Proceedings Act 2010 (Commonwealth) Part 2 Division 2.
An originating process may be served outside Australia without leave in the following cases —
(a) when the claim is founded on a tortious act or omission —
(i) which was done or which occurred wholly or partly in Australia; or
(ii) in respect of which the damage was sustained wholly or partly in Australia;
(b) when the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract which —
(i) was made or entered into in Australia; or
(ii) was made by or through an agent trading or residing in Australia; or
(iii) was to be wholly or in part performed in Australia; or
(iv) was by its terms or by implication to be governed by Australian law or to be enforceable or cognisable in an Australian court;
(c) when the claim is in respect of a breach in Australia of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach outside Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia;
(d) when the claim —
(i) is for an injunction to compel or restrain the performance of any act in Australia; or
(ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Australia, if that relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Australia (including, without limitation, interim or ancillary relief in relation to any proceedings under the
International Arbitration Act 1974 (Commonwealth) or theCommercial Arbitration Act 2012 ); or(iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Order 52A in respect of any matter or thing in or connected with Australia;
(e) when the subject matter of the claim is land or other property situated in Australia, or any act, deed, will, instrument, or thing affecting the land or property, or the proceeding is for the perpetuation of testimony relating to the land or property;
(f) when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Australian law;
(g) when any relief is sought against any person domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);
(h) when any person outside Australia is —
(i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether in Australia or outside Australia) under any other provision of these rules; or
(ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the Court;
(i) when the claim is for the administration of the estate of any deceased person who at the time of death was domiciled in Australia or is for any relief or remedy which might be obtained in any such proceeding;
(j) when the claim arises under an Australian enactment and —
(i) any act or omission to which the claim relates was done or occurred in Australia; or
(ii) any loss or damage to which the claim relates was sustained in Australia; or
(iii) the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or
(iv) the enactment expressly or by implication confers jurisdiction on the Court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with);
(k) when the person to be served has submitted to the jurisdiction of the Court;
(l) when a claim is made for restitution or for the remedy of constructive trust and the person to be served’s alleged liability arises out of an act or omission that was done or occurred wholly or partly in Australia;
(m) when it is sought to recognise or enforce any judgment;
(n) when the claim is founded on a cause of action arising in Australia;
(o) when the claim affects the person to be served in respect of the person’s membership of a corporation incorporated in Australia, or of a partnership or an association formed or carrying on any part of its affairs in Australia;
(p) when the claim concerns the construction, effect or enforcement of an Australian enactment;
(q) when the claim —
(i) relates to an arbitration held in Australia or governed by Australian law; or
(ii) is to enforce in Australia an arbitral award wherever made; or
(iii) is for orders necessary or convenient for carrying into effect in Australia the whole or any part of an arbitral award wherever made;
(r) when the claim is for relief relating to the custody, guardianship, protection or welfare of a minor present in Australia or who is domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);
(s) when the claim, so far as concerns the person to be served, falls partly within 1 or more of the above paragraphs and, as to the residue, within 1 or more of the others of the above paragraphs.
Note for this rule:
If a proceeding is commenced in the Court and originating process is served outside Australia under this rule but the Court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the Court may transfer the proceeding to that other court under the
(1) In any proceeding when service is not allowed under rule 5, an originating process may be served outside Australia with the leave of the Court.
(2) An application for leave under this rule must be made on notice to every party other than the person intended to be served.
(3) A sealed copy of every order made under this rule must be served with the document to which it relates.
(4) An application for leave under this rule must be supported by an affidavit stating any facts or matters related to the desirability of the Court assuming jurisdiction, including the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is an Australian citizen.
(5) The Court may grant an application for leave if satisfied that —
(a) the claim has a real and substantial connection with Australia; and
(b) Australia is an appropriate forum for the trial of the proceeding; and
(c) in all the circumstances the Court should assume jurisdiction.
(1) On application by a person on whom an originating process has been served outside Australia, the Court may dismiss or stay the proceeding or set aside service of the originating process.
(2) Without limiting subrule (1), the Court may make an order under this rule if satisfied —
(a) that service outside Australia of the originating process is not authorised by these rules; or
(b) that the Court is an inappropriate forum for the trial of the proceeding; or
(c) that the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the claim.
If a person is to be served outside Australia with an originating process, the person must also be served with a notice in Form 5AB informing the person of —
(a) the scope of the jurisdiction of the Court in respect of claims against persons who are served outside Australia; and
(b) the grounds alleged by the plaintiff to found jurisdiction; and
(c) the person’s right to apply for an order setting aside the originating process or its service on the person or dismissing or staying the proceeding.
Except when the Court otherwise orders, a defendant who has been served outside Australia must enter an appearance within 42 days from the date of service.
(1) If an originating process is served on a person outside Australia and the person does not enter an appearance, the party serving the document may not proceed against the person served except by leave of the Court.
(2) An application for leave under subrule (1) may be made without serving notice of the application on the person served with the originating process.
Any document other than an originating process may be served outside Australia with the leave of the Court, which may be given with any directions that the Court thinks fit.
A document to be served outside Australia need not be personally served on a person so long as it is served on the person in accordance with the law of the country in which service is effected.
This Division applies to service outside Australia in a non‑Convention country.
A person may serve an originating process and notice in Form 5AB in a non‑Convention country through —
(a) if a Convention about foreign service applies to the country and to Australia or the State —
(i) the judicial authorities of that country; or
(ii) an Australian diplomatic or consular agent in that country, subject to a provision of the Convention as to the nationality of persons who may be so served;
or
(b) in any other case —
(i) if the government of that country is willing to effect service — the government; or
(ii) an Australian diplomatic or consular agent in that country, unless service through such an authority is contrary to the law of that country.
(1) A person who wishes to serve an originating process under this Division must file —
(a) a letter of request for service under this Division of the originating process; and
(b) a copy of the originating process and the Form 5AB to be served under rule 8; and
(c) if the request and the copy of the originating process are not filed electronically — an additional copy of the originating process, and each other document to be served, for each person to be served; and
(d) an undertaking by the person making the request to be personally responsible for all expenses incurred in respect of the service requested.
(2) If leave is not required to serve the originating process under rule 5, the letter of request for service filed under subrule (1)(a) must state the paragraph in rule 5 under which leave is not required.
(3) If English is not an official language of the country where the originating process will be served under this Division, a person who wishes to serve the originating process must also file —
(a) a translation of the originating process and Form 5AB in an official language of the country; and
(b) a certificate (both in English and the official language) by the person (the
translator ) who translated the originating process that —(i) states the translator’s name and address; and
(ii) states the translator’s qualifications to translate the originating process and Form 5AB; and
(iii) certifies that the translation of the originating process and Form 5AB is a correct translation.
The documents filed under rule 15 that are to be served on a person outside Australia must be —
(a) sealed with the seal of the Supreme Court; and
(b) forwarded by the Principal Registrar to the Attorney General of Western Australia for transmission through the diplomatic channel to the country where the documents are to be served.
(1) This rule applies if an official certificate establishing that documents have been served, and when they have been served, under this Division is transmitted to the Court —
(a) through the diplomatic channel by an Australian diplomatic or consular agent; or
(b) by a foreign government or judicial authority responsible for serving the documents.
(2) The official certificate —
(a) must be placed on the file; and
(b) is taken to be an affidavit of service for the purposes of these rules.
(3) A document purporting to be an official certificate is taken to be a certificate unless the contrary is proved.
(1) The Principal Registrar may give the person who gave an undertaking as to expenses under rule 15(1)(d) a written notice stating —
(a) the expenses incurred in respect of the service of the documents outside Australia; and
(b) if the Principal Registrar directs the manner in which the payment is to be made under subrule (2) —
(i) that the person must pay those expenses consistently with the person’s undertaking in accordance with the direction; and
(ii) the person must provide evidence, such as a receipt, to the Principal Registrar showing that the payment was made in accordance with the direction;
and
(c) if paragraph (b) does not apply — that the person must pay those expenses consistently with the person’s undertaking within the period of 14 days after the day on which the person receives the written notice to the Central Office; and
(d) that, if the person fails to pay those expenses in accordance with the notice, the Court may make an order for the payment of the expenses or to stay proceedings under this rule.
(2) The Principal Registrar may direct that the payment of expenses referred to in rule 15(1)(d) must be paid to a particular person, or in a particular manner.
(3) If the person does not pay the expenses in accordance with the notice, the Court may —
(a) stay proceedings until the expenses are paid to the Central Office; or
(b) make an order requiring the person to pay the expenses.
Despite another provision of this Division, a document may be served outside Australia if —
(a) the document is served in a non‑Convention country where a convention about foreign service applies to the country and to Australia or the State; and
(b) the manner in which the document is served is —
(i) not expressly excluded by the convention; and
(ii) otherwise valid or sufficient according to the procedure of the Supreme Court.
In this Order —
(1) If the Court receives a letter of request for service of process on a person in this State from —
(a) a court or tribunal; or
(b) a consular or other authority,
of a Convention country, then, unless Order 11A Division 4 applies, rule 2 or 3, as the case requires, and rules 4 and 5 apply and Order 11A Division 4 does not.
(2) If Order 11A Division 4 applies to a request referred to in subrule (1), rules 2 to 5 do not apply.
(3) A letter of request referred to in subrule (1), any document that accompanies the letter of request and any other document to be filed for the purposes of this Order cannot be filed electronically.
(1) This rule applies to the service of any process required to be served in any civil or commercial proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal for service on a person in Western Australia of any such process sent with the letter is received by the Principal Registrar through an official channel.
(2) In order that service may be effected under this rule the letter of request must be accompanied by a translation thereof in English, by 2 copies of the process to be served and by 2 copies of a translation of the process in English.
(3) Subject to rule 4 and to any Act which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.
(4) The Principal Registrar shall transmit through the official channel to the tribunal making the request, a certificate establishing the fact, and the date of service, or stating the reasons for which it has not been possible to effect service, and in the certificate shall certify the amount properly payable for effecting or attempting to effect service. The certificate shall be sealed with the seal of the Supreme Court.
(1) This rule applies to the service of any process required to be served in any civil or commercial proceedings pending before a court or other tribunal of a foreign country with which a Convention in that behalf has been or shall be made and extended to Australia or the State of Western Australia where a letter of request from a consular or other authority of that country requesting service on a person in Western Australia of any such process sent with the letter is received by the Principal Registrar.
(2) In order that service may be effected under this rule the letter of request must be accompanied by a copy of a translation in English of the process to be served.
(3) Subject to any Act which provides for the manner in which documents may be served on bodies corporate and to any special provisions of the Convention, service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served.
(4) When service of the process has been effected or if attempts to effect service have failed, the process server shall leave with the Principal Registrar an affidavit made by the person who served or attempted to serve, the process stating when, where and how he did or attempted to do so, and a statement of the costs incurred in effecting or attempting to effect service.
(5) The Principal Registrar shall transmit to the consular or other authority by whom the request for service was made a certificate certifying that the process or a copy thereof as the case may be, was served on the person, at the time and in the manner specified in the certificate, or if such be the case, that service of the process could not be effected for the reason so specified, and certifying the amount properly payable for effecting or attempting to effect, service. The certificate shall be sealed with the seal of the Supreme Court.
Service of process under the provisions of this Order shall be effected through the sheriff by the process server whom he may from time to time appoint for that purpose, or his authorised agent.
Upon the application of the State Solicitor, with the consent of the Attorney General, the Court may make all such orders for substituted service or otherwise as are necessary to give effect to the rules of this Order.
Note:
1. This Order forms part of a scheme to implement Australia’s obligations under the
Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters . Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).2. This Order provides (in Division 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Division 3) for default judgment in proceedings in the Court after service overseas of such a document. Division 4, on the other hand, deals with service by the Court or arranged by the Court in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.
3. Information about the Hague Convention, including a copy of the Hague Convention, a list of all Contracting States, details of declarations and reservations made under the Hague Convention by each of those States and the names and addresses of the central and other authorities of each of those States can be found at the website of the Hague Conference on Private International Law.
In this Order —
(a) for the time being designated by that country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for that country; and
(b) competent to receive requests for service abroad emanating from Australia;
(a) for a request for service of a foreign judicial document in this jurisdiction — the authority or judicial officer of the Convention country in which the document originates that forwards the request (being an authority or judicial officer that is competent under the law of that country to forward a request for service under Article 3 of the Hague Convention); or
(b) for a request for service of a local judicial document in a Convention country — the registrar;
The provisions of this Order prevail to the extent of any inconsistency between those provisions and any other provisions of these rules.
(1) Subject to subrule (2), this Division applies to service in a Convention country of a local judicial document.
(2) This Division does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Convention.
(1) A person may apply to the registrar, in the registrar’s capacity as a forwarding authority, for a request for service in a Convention country of a local judicial document.
(1A) If the local judicial document is a document of the Court, the application, and any other document to be filed for the purposes of this rule, must be filed electronically.
(1B) If the local judicial document is not a document of the Court, the application, and any other document to be filed for the purposes of this rule, cannot be filed electronically.
(2) The application must be accompanied by each of the following documents (if the application is filed electronically) or 3 copies of each of those documents (if the application is not filed electronically) —
(a) a draft request for service abroad, which must be in the form of Form 5A Part 1;
(b) the document to be served;
(c) a summary of the document to be served, which must be in the form of Form 5B;
(d) if, under Article 5 of the Hague Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, the official language or one of the official languages of that country, a translation into that language of both the document to be served and the summary of the document to be served.
(3) The application must contain a written undertaking to the Court, signed by the legal practitioner on the record for the applicant in the proceedings to which the local judicial document relates or, if there is no legal practitioner on the record for the applicant in those proceedings, by the applicant —
(a) to be personally liable for all costs that are incurred —
(i) by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or
(ii) by the use of any particular method of service that has been requested by the applicant for the service of the documents to be served;
and
(b) to pay the amount of those costs to the registrar within 28 days after receipt from the registrar of a notice specifying the amount of those costs under rule 6(3), or another period as directed; and
(c) to give such security for those costs as the registrar may require.
(4) The draft request for service abroad —
(a) must be completed (except for signature) by the applicant; and
(b) must state whether (if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected) the applicant wants service to be attempted after the expiry of that time; and
(c) must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and
(d) may state that the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority.
(5) Any translation required under subrule (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating —
(a) that the translation is an accurate translation of the documents to be served; and
(b) the translator’s full name and address and his or her qualifications for making the translation.
(1) If satisfied that the application and its accompanying documents comply with rule 4, the registrar —
(a) must sign the request for service abroad; and
(b) must forward 2 copies of the relevant documents —
(i) if the applicant has asked for the request to be forwarded to a nominated additional authority for the Convention country in which service of the document is to be effected — to the nominated additional authority; or
(ii) in any other case — to the Central Authority for the Convention country in which service of the document is to be effected.
(2) The relevant documents mentioned in subrule (1)(b) are the following —
(a) the request for service abroad (duly signed);
(b) the document to be served;
(c) the summary of the document to be served;
(d) if required under rule 4(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c).
(3) If not satisfied that the application or any of its accompanying documents complies with rule 4, the registrar must inform the applicant of the respects in which the application or document fails to comply.
(1) Subject to subrule (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the registrar —
(a) must arrange for the original certificate to be filed in the proceedings to which the document relates; and
(b) must send a copy of the certificate to —
(i) the legal practitioner on the record for the applicant in those proceedings; or
(ii) if there is no legal practitioner on the record for the applicant in those proceedings — the applicant.
(2) For the purposes of subrule (1), a certificate of service is in due form if —
(a) it is in the form of Form 5A Part 2; and
(b) it has been completed by a certifying authority for the Convention country in which service was requested; and
(c) if the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority, it has been so countersigned.
(3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subrule (1), the registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in rule 4(3) a notice specifying the amount of those costs.
(4) For the purposes of subrule (3), a statement of costs is in due form if —
(a) it relates only to costs of a kind mentioned in rule 4(3)(a); and
(b) it has been completed by a certifying authority for the Convention country in which service was requested.
(5) Subrule (1) does not apply unless —
(a) adequate security to cover the costs mentioned in subrule (3) has been given under rule 4(3)(c); or
(b) to the extent to which the security so given is inadequate to cover those costs, an amount equal to the amount by which those costs exceed the security so given has been paid to the registrar.
(1) On receipt of a notice under rule 6(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay into the Central Office, or pay otherwise as directed, the amount specified in the notice as the amount of those costs.
(2) If the legal practitioner or applicant fails to pay that amount within 28 days after receiving the notice —
(a) except by leave of the Court, the applicant may not take any further step in the proceedings to which the local judicial document relates until those costs are paid to the registrar; and
(b) the registrar may take such steps as are appropriate to enforce the undertaking for payment of those costs.
A certificate of service in relation to a local judicial document (being a certificate in due form within the meaning of rule 6(2)) that certifies that service of the document was effected on a specified date, is, in the absence of any evidence to the contrary, sufficient proof that —
(a) service of the document was effected by the method specified in the certificate on that date; and
(b) if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected.
This Division applies to civil proceedings for which an initiating process has been forwarded following a request for service abroad to the Central Authority (or to an additional authority) for a Convention country.
(1) This rule applies if —
(a) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 6(2)) that states that service has been duly effected; and
(b) the defendant has not appeared or filed a notice of address for service.
(2) In circumstances to which this rule applies, default judgment may not be given against the defendant unless the Court is satisfied that —
(a) the initiating process was served on the defendant —
(i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or
(ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to his or her residence) and that method is compatible with the law in force in that country, by that method; or
(iii) if the applicant did not request a particular method of service, in circumstances where the defendant accepted the document voluntarily;
and
(b) the initiating process was served in sufficient time to enable the defendant to enter an appearance in the proceedings.
(3) In subrule (2)(b) —
(a) 42 days from the date specified in the certificate of service in relation to the initiating process as the date on which service of the process was effected; or
(b) such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the defendant to enter an appearance in the proceedings.
(1) This rule applies if —
(a) a certificate of service of initiating process has not been filed in the proceedings; or
(b) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 6(2)) that states that service has not been effected,
and the defendant has not appeared or filed a notice of address for service.
(2) If this rule applies, default judgment may not be given against the defendant unless the Court is satisfied that —
(a) the initiating process was forwarded to the Central Authority, or to an additional authority, for the Convention country in which service of the initiating process was requested; and
(b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which the initiating process was so forwarded; and
(c) every reasonable effort has been made —
(i) to obtain a certificate of service from the relevant certifying authority; or
(ii) to effect service of the initiating process,
as the case requires.
(1) This rule applies if default judgment has been entered against the defendant in proceedings to which this Division applies.
(2) If this rule applies, the Court may set aside the judgment on the application of the defendant if it is satisfied that the defendant —
(a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and
(b) has a prima facie defence to the proceedings on the merits.
(3) An application to have a judgment set aside under this rule may be filed —
(a) at any time within 12 months after the date on which the judgment was given; or
(b) after the expiry of that 12‑month period, within such time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances.
(4) Nothing in this rule affects any other power of the Court to set aside or vary a judgment.
(1) This Division applies to service in this jurisdiction of a foreign judicial document in relation to which a due form of request for service has been forwarded to the Court —
(a) by the Attorney‑General’s Department of the Commonwealth, whether in the first instance or following a referral under rule 14; or
(b) by a forwarding authority.
(2) Subject to subrule (3), a request for service in this jurisdiction is in due form if it is in the form of Form 5A Part 1 and is accompanied by the following documents —
(a) the document to be served;
(b) a summary of the document to be served, which must be in the form of Form 5B;
(c) a copy of the request and of each of the documents mentioned in paragraphs (a) and (b);
(d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.
(3) Any translation required under subrule (2)(d) must bear a certificate (in English) signed by the translator stating —
(a) that the translation is an accurate translation of the document; and
(b) the translator’s full name and address and his or her qualifications for making the translation.
(4) A request for service referred to in subrule (2), and any other document to be filed for the purposes of this rule, cannot be filed electronically.
If, after receiving a request for service in this jurisdiction, the registrar is of the opinion —
(a) that the request does not comply with rule 13; or
(b) that the document to which the request relates is not a foreign judicial document; or
(c) that compliance with the request may infringe Australia’s sovereignty or security; or
(d) that the request seeks service of a document in some other State or Territory of the Commonwealth,
the registrar must refer the request to the Attorney‑General’s Department of the Commonwealth together with a statement of his or her opinion.
Note:
The Attorney‑General’s Department of the Commonwealth will deal with misdirected and non‑compliant requests, make arrangements for the service of extrajudicial documents and assess and decide questions concerning Australia’s sovereignty and security.
(1) Subject to rule 14, on receipt of a request for service in this jurisdiction, the Court must arrange for the service of the relevant documents in accordance with the request.
(2) The relevant documents mentioned in subrule (1) are the following —
(a) the document to be served;
(b) a summary of the document to be served;
(c) a copy of the request for service in this jurisdiction;
(d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.
(3) Service of the relevant documents may be effected by any of the following methods of service —
(a) by a method of service prescribed by the law in force in this jurisdiction —
(i) for the service of a document of a kind corresponding to the document to be served; or
(ii) if there is no such corresponding kind of document, for the service of initiating process in proceedings in the Court;
(b) if the applicant has requested a particular method of service and that method is compatible with the law in force in this jurisdiction, by that method;
(c) if the applicant has not requested a particular method of service and the person requested to be served accepts the document voluntarily, by delivery of the document to the person requested to be served.
(1) If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must file an affidavit specifying —
(a) the time, day of the week and date on which the document was served; and
(b) the place where the document was served; and
(c) the method of service; and
(d) the person on whom the document was served; and
(e) the way in which that person was identified.
(2) If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must file an affidavit specifying —
(a) details of the attempts made to serve the document; and
(b) the reasons that have prevented service.
(3) When an affidavit as to service of a document has been filed in accordance with this rule, the registrar —
(a) must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and
(b) must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.
(4) A certificate of service must be —
(a) in the form of Form 5A Part 2; or
(b) if a form of certificate of service that substantially corresponds to Form 5A Part 2 accompanies the request for service, in that accompanying form.
(5) An affidavit as to service to be filed in accordance with this rule cannot be filed electronically.
(1) Subject to subrule (2) and to Order 70 rule 2, a defendant to an action may (whether or not he is sued as a trustee or personal representative or in any other representative capacity) enter an appearance in the action and defend it by a legal practitioner or in person.
(2) Except as expressly provided by any Act, a defendant to such an action which is a body corporate may not enter an appearance in the action or defend it otherwise than by a legal practitioner.
(1) To enter an appearance, a defendant must file 2 copies of a Form No. 6 signed by —
(a) the legal practitioner who acts for the defendant; or
(b) if the defendant is self‑represented, the defendant.
(2) A memorandum of appearance must, in accordance with Order 71A, state —
(a) the defendant’s geographical address; and
(b) the defendant’s service details.
(3) If one legal practitioner acts for 2 or more defendants in one action, a memorandum of appearance may relate to more than one of those defendants.
On receiving the requisite documents the proper officer must in all cases affix to the copy of the memorandum of appearance an official stamp showing the date on which he received those documents, record the entry of appearance, and then return the copy of the memorandum to the person entering the appearance and the copy memorandum so stamped shall be a certificate that the appearance was entered on the day indicated on the official stamp.
On the day on which a defendant enters an appearance to a writ, the defendant must comply with Order 72 rule 5 for the purposes of serving the stamped copy memorandum returned under rule 3 on the plaintiff in accordance with that Order.
(1) A defendant may not enter an appearance in an action after judgment has been entered therein except with the leave of the Court.
(2) Except as provided by subrule (1), nothing in these rules or any writ or order thereunder shall be construed as preventing a defendant from entering an appearance in an action after the time limited for appearing, but if a defendant enters an appearance after that time, he shall not, unless the Court otherwise orders, be entitled to serve a defence or do any other thing later than if he had appeared within that time.
(1) A defendant in any cause may enter a conditional appearance denying the jurisdiction of the Court or reserving the right to apply to the Court to set aside the originating process, or the notice thereof, or the service of the originating process, or notice thereof, on the ground of any informality or irregularity which renders the originating process or the service thereof invalid, and shall not thereby be deemed to have submitted to such jurisdiction, except as to the costs occasioned by the appearance or by any application under this rule.
(2) The defendant shall forthwith apply to the Court to have the question raised by his conditional appearance decided, and if such an application is not made within 14 days from the entry of the conditional appearance, or if the application be dismissed, the conditional appearance shall, unless the Court otherwise orders, become and operate as an unconditional appearance.
A defendant to an action, at any time before entering an appearance in it, may serve notice of motion to —
(a) set aside the writ or service of the writ on the defendant; or
(b) discharge any order that granted leave to serve the writ on the defendant outside Australia.
Any person not named as a defendant in a writ for the recovery of land may, by leave of the Court, appear and defend on filing an affidavit showing that he has an interest in the land which would be prejudiced or frustrated if an order for recovery were made without his being a party.
Where a person not named as a defendant in a writ for the recovery of land has obtained leave of the Court to appear and defend he shall in all subsequent proceedings be named as a party defendant to the action.
(1) Any person appearing to a writ for the recovery of land may limit his defence to a part only of the property mentioned in the writ, describing that part with reasonable certainty in his memorandum of appearance or in a notice intituled in the action and signed by him or his solicitor, and such notice shall be served within 4 days after appearance, and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole.
(2) The notice mentioned in subrule (1) shall be in accordance with Form No. 7.
(1) This rule applies if a defendant to an action —
(a) does not intend to take part in the action; and
(b) either —
(i) intends to accept all orders of the Court made in the action; or
(ii) intends to accept all orders of the Court made in the action, other than an order made as to costs.
(2) The defendant must file and serve 2 copies of a Form 8 that are signed by —
(a) the legal practitioner who acts for the defendant; or
(b) if the non‑participating party is self‑represented, the defendant.
(1) This Order applies only to proceedings commenced by writ.
(2) If a defendant does not enter an appearance within the time limited for appearing, the plaintiff may enter judgment against that defendant in accordance with this Order.
(3) Judgment must not be entered against a defendant under this Order unless —
(a) an affidavit is filed by or on behalf of the plaintiff proving service of the writ on the defendant and indorsement of service in accordance with Order 9 rule 1(4); or
(b) the plaintiff produces the writ indorsed by the defendant’s solicitor with a statement that the defendant’s solicitor accepts service of the writ on the defendant’s behalf.
(4) The Court may require to be satisfied in whatever manner it thinks fit that the defendant has failed to enter an appearance.
(1) If the writ is indorsed with a claim for a liquidated demand only, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may —
(a) enter judgment against the defendant for a sum not exceeding that claimed by the writ in respect of the demand and costs; and
(b) proceed with the action against the other defendants, if any, unless the defendants are sued in the alternative.
(2) On a judgment under this rule, the plaintiff may issue execution on the judgment.
(3) A claim is not excluded from this rule just because part of it is for interest under section 32 of the Act at a rate that is not higher than that payable on judgment debts at the date of the writ.
(1) If the writ is indorsed with a claim for unliquidated damages only, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may —
(a) enter judgment against the defendant and obtain an order for directions for the assessment of damages; and
(b) proceed with the action against the other defendants, if any, unless the defendants are sued in the alternative.
(2) On a judgment under this rule —
(a) damages are to be assessed by a master unless the Court orders otherwise; and
(b) judgment after the assessment of damages is to be entered as a default judgment under this rule; and
(c) the plaintiff may issue execution on the judgment.
(1) If the writ is indorsed with a claim relating to the detention of goods only and is not a mortgage action, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may —
(a) at the plaintiff’s option, enter judgment against the defendant either —
(i) for the delivery of the goods or their value to be assessed and costs; or
(ii) for the value of the goods to be assessed and costs;
and
(b) proceed with the action against the other defendants, if any, unless the defendants are sued in the alternative.
(2) On a judgment under this rule —
(a) the value of the goods is to be assessed by a master unless the Court orders otherwise; and
(b) judgment after the assessment of the value of the goods is to be entered as a default judgment under this rule; and
(c) the plaintiff may issue execution on the judgment, except as provided in subrule (3).
(3) If the judgment is for the delivery of goods it cannot be enforced against any defendant unless judgment has been entered or obtained against all other defendants, if any.
(1) If the writ is indorsed with a claim for possession of land only, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may, on complying with subrule (2) —
(a) enter judgment for possession of the land against the defendant and costs; and
(b) proceed with the action against the other defendants, if any.
(2) In order to enter judgment under this rule, the plaintiff must file a certificate from the plaintiff’s solicitor or, if suing in person, an affidavit stating that the plaintiff is not claiming relief of any of the kinds referred to in Order 4AA rule 2(1).
(3) On a judgment under this rule, the plaintiff may issue execution of the judgment, except as provided in subrule (4).
(4) If there is more than one defendant, judgment entered under this rule cannot be enforced against any defendant unless judgment has been entered or obtained against all the defendants.
(1) If an action begun by writ is a mortgage action, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may, subject to subrules (2) and (3) —
(a) enter judgment against the defendant for the relief sought and costs; and
(b) proceed with the action against the other defendants, if any, unless the defendants are sued in the alternative.
(2) If the writ is indorsed with a claim for relief of a kind referred to in Order 4AA rule 2(1)(a), (b) or (c), in order to enter judgment under this rule, the plaintiff must, after the time limited for appearing has expired —
(a) serve on the defendant a notice in Form 36A with a copy of the writ and Form 4 attached to it; and
(b) not less than 11 days after serving the notice, file but need not serve —
(i) a request to enter default judgment in Form 36B; and
(ii) an affidavit in support that complies with rule 7.
(3) If, in addition to a claim for relief of a kind referred to in Order 4AA rule 2(1)(a), (b) or (c), the writ is also indorsed with a claim for payment of money secured by the mortgage, the Form 36B request to enter default judgment must certify —
(a) the amount owing to the plaintiff under the mortgage as at the date of the filing of the request; and
(b) if the claims include a claim for interest after judgment, the amount of a day’s interest.
(4) On a judgment under this rule, the plaintiff may issue execution on the judgment, except as provided in subrule (5).
(5) If there is more than one defendant, judgment entered under this rule cannot be enforced against any defendant unless judgment has been entered or obtained against all the defendants.
(6) Unless the Court orders otherwise, if judgment against a defendant under this rule is for the kind of relief referred to in Order 4AA rule 2(1)(a), within 28 days after service of the judgment the defendant must give the plaintiff possession of the mortgaged property.
(1) In this rule —
(2) An affidavit in support filed under rule 6(2)(b)(ii) must —
(a) specify the property that is mortgaged; and
(b) specify the person who is the proprietor of the mortgaged property; and
(c) have attached to it a copy of —
(i) the certificate of title or other document that is evidence of title to the mortgaged property; and
(ii) the mortgage;
and
(d) give particulars of the default or other circumstances that are put forward as entitling the plaintiff to the relief sought, including —
(i) a reference to the provision of the mortgage that the defendant is alleged to have breached; and
(ii) a reference to the provision of the mortgage that entitles the plaintiff to the relief sought; and
(iii) if the writ is indorsed with a claim for payment of money secured by the mortgage, a reference to any non‑merger provision of the mortgage that allows the recovery of interest at mortgage rates after judgment; and
(iv) a statement as to whether or not notice of that default or those circumstances is required to be given to the defendant under the mortgage or a written law; and
(v) if notice is required, details of compliance with that requirement;
and
(e) if the claim against the defendant is for sale or possession of mortgaged property —
(i) state that Order 4AA rule 3(2) and Order 13 rule 6(2)(a) have been complied with; and
(ii) give details of every person who, to the best of the plaintiff’s knowledge, is in possession of the property and the grounds for concluding that the person is in possession; and
(iii) if one or more of the people who are in possession of the property are tenants of the property, give details of the steps taken by the plaintiff to comply with any applicable requirements of the
Residential Tenancies Act 1987 ;
and
(f) specify the following as at the date of the affidavit —
(i) the amount owing to the plaintiff under the mortgage;
(ii) the interest rate (as a percentage) under the mortgage;
(iii) if the claim includes a claim for interest to judgment, the amount of a day’s interest;
and
(g) if the plaintiff is claiming costs (other than an order that the defendant pay the plaintiff’s costs to be taxed if not agreed), state the basis on which the plaintiff claims those costs.
Example for this subrule:
A claim for indemnity costs must refer to the provision in the mortgage that entitles the plaintiff to those costs.
(3) More than one affidavit may be used to comply with rule 6(2)(b)(ii) and this rule.
If the writ is indorsed with 2 or more claims to which rules 2 to 6 apply, and no other claim, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may —
(a) enter against the defendant, in respect of any claim with which the writ is indorsed, whatever judgment the plaintiff would be entitled to enter under those rules as if that were the only claim made by the plaintiff against the defendant; and
(b) proceed with the action against the other defendants, if any, unless those rules otherwise provide.
(1) If the writ is indorsed with a claim to which none of rules 2 to 6 apply, then, if a defendant fails to enter an appearance within the time limited for appearing, the plaintiff may, on complying with subrule (2) —
(a) apply to the Court on motion for judgment against the defendant for the relief sought and costs; and
(b) proceed with the action against the other defendants, if any, unless the defendants are sued in the alternative.
(2) In order to enter judgment under this rule —
(a) if the statement of claim was not indorsed on or served with the writ, the plaintiff must serve the statement of claim on the defendant; and
(b) the plaintiff must produce a certificate issued by the proper officer on the day of the hearing stating that no appearance has been entered by the defendant against whom it is sought to enter judgment.
(3) On a judgment under this rule, the plaintiff may issue execution on the judgment, except as provided in subrule (4).
(4) If there is more than one defendant, judgment entered under this rule cannot be enforced against any defendant without leave of the Court.
(1) This rule applies if —
(a) the writ is indorsed with a claim to which none of rules 2 to 6 apply; but
(b) it has become unnecessary for the plaintiff to proceed with the action —
(i) because the defendant has satisfied the claim or complied with the demands of the claim; or
(ii) for any other similar reason.
(2) If this rule applies, then, if the defendant fails to enter an appearance within the time limited for appearing, the plaintiff may, with the leave of the Court, enter judgment against the defendant for costs.
(3) The application for the leave must be by summons.
(4) Unless the Court orders otherwise, and regardless of Order 72 rule 8, the summons must be served on the defendant against whom it is sought to enter judgment.
In any case in which the plaintiff claims to be entitled under this Order to enter judgment in default of the defendant’s appearance, the Court may, if any doubt or difficulty arises in relation to that claim, direct that it be brought before the Court on motion or by summons.
A default judgment must contain a statement informing the defendant of the defendant’s right —
(a) to apply to have the default judgment set aside or varied; and
(b) if applicable, to apply under the
Civil Judgments Enforcement Act 2004 section 15 for an order suspending the enforcement of all or part of the default judgment.
(1) A plaintiff who obtains a default judgment must serve the judgment on the defendant as soon as practicable after the judgment is entered.
(2) The defendant must be served personally with the default judgment.
The Court may, on whatever terms it thinks just, set aside or vary any default judgment entered under this Order.
(1) Where in an action to which this Order applies a statement of claim has been served on a defendant and that defendant has entered an appearance, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such claim, or has no defence to such a claim or part except as to the amount of any damages claimed, within 21 days after appearance or at any later time by leave of the Court, apply to the Court for judgment against that defendant.
(2) This Order applies to every action begun by writ other than a probate or admiralty action.
(1) An application under rule 1 shall be made by summons supported by an affidavit verifying the facts on which the claim or the part of the claim to which the application relates is based, and stating that in the deponent’s belief there is no defence to that claim or part thereof, as the case may be, or no defence except as to the amount of any damages claimed.
(2) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.
(3) The summons and a copy of the affidavit in support and of any exhibits therein referred to shall be served on the defendant not less than 7 days before the return day of the summons.
(1) On the hearing of an application under rule 1 unless the Court dismisses the application, or the defendant satisfies the Court with respect to the claim, or the part of the claim, to which the application relates that there is an issue or question in dispute which ought to be tried, or that there ought for some other reason to be a trial of that claim or part, the Court may give such judgment for the plaintiff against the defendant on that claim or part thereof as may be just, having regard to the nature of the remedy or relief claimed.
(2) The Court may, by order and subject to such conditions, if any, as may be just, stay execution of any judgment given against a defendant under this rule until after the trial of any counterclaim made or raised by the defendant in the action.
(1) A defendant may show cause against an application under rule 1 by affidavit or otherwise to the satisfaction of the Court.
(2) Rule 2(2) applies mutatis mutandis for the purposes of this rule.
(3) The Court may give a defendant against whom such an application is made leave to defend the action with respect to the claim, or the part of a claim to which the application relates, either unconditionally or on such terms as to giving security or time or mode of trial or otherwise as it thinks fit.
(4) On the hearing of such an application the Court may order a defendant showing cause or, where that defendant is a body corporate, any director, manager, secretary, or other similar officer thereof, or any person purporting to act in such capacity —
(a) to produce any document; or
(b) if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.
(1) Where a defendant in an action begun by writ has served a counterclaim on the plaintiff, then subject to subrule (3) the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such claim, apply to the Court for judgment against the plaintiff on that claim or part.
(2) Rules 2, 3 and 4 apply in relation to an application under this rule as they apply in relation to an application under rule 1, but with the following modifications, that is to say —
(a) references to the plaintiff and defendant shall be construed as references to defendant and plaintiff respectively; and
(b) the words in rule 3(2) “any counterclaim made or raised by the defendant in” shall be omitted; and
(c) the reference in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates.
(3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 1(2).
Where the Court —
(a) gives leave (whether conditional or unconditional) to defend any action or counterclaim, as the case may be, with respect to a claim or a part of a claim; or
(b) gives judgment for a plaintiff or a defendant on a claim or a part of a claim, but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be,
the Court may give directions as to the further conduct of the action and may direct that the affidavit filed by the defendant or the plaintiff, as the case may be, under this Order, shall serve in lieu of defence and may order the action to be forthwith set down for trial, and may define the issues that are to be tried.
(1) If the plaintiff makes an application under rule 1 and the case is not within this Order, or if it appears to the Court that the plaintiff knew that the defendant relied on a contention which would entitle him to unconditional leave to defend, the Court may dismiss the application with costs, and may require the costs to be paid by the plaintiff forthwith.
(2) The Court shall have the same power to dismiss an application under rule 6 as it has under subrule (1) to dismiss an application under rule 1, and that subrule shall apply accordingly with the necessary modifications.
(1) Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim, or as respects the remainder of the claim or against any other defendant.
(2) Where on an application under rule 6 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or as respects the remainder of the claim or against any other defendant to the counterclaim.
Where the claim to which an application under rule 1 or rule 6 relates is for the delivery up of a specific chattel, and the Court gives judgment under this Order for the applicant, the Court shall have the same power to order the party against whom judgment is given to deliver up the chattel without giving him an option to retain it on paying the assessed value thereof as if the judgment had been given after trial.
A tenant shall have the same right to relief after a judgment under this Order for the recovery of land on the ground of forfeiture as if the judgment had been given after trial.
Any judgment given against a party who does not appear at the hearing of an application under rule 1 or rule 6 may be set aside or varied by the Court on such terms as it thinks just.
(1) Any defendant to an action may within 21 days after appearance or at any later time by leave of the Court, apply to the Court for summary judgment, and the Court, if satisfied that the action is frivolous or vexatious, that the defendant has a good defence on the merits, or that the action should be disposed of summarily or without pleadings, may order —
(a) that judgment be entered for the defendant with or without costs; or
(b) that the plaintiff shall proceed to trial without pleadings,
or if all parties consent, may dispose of the action finally and without appeal in a summary manner.
(2) An application under subrule (1) shall be made by summons supported by affidavit verifying the facts upon which the application is based.
(3) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.
(4) The summons and a copy of the affidavit in support and its annexures, if any, shall be served on the plaintiff not less than 7 days before the return day of the summons.
(1) The plaintiff may show cause against such application by affidavit.
(1a) Unless the Court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.
(2) The Court may if it thinks fit, order the plaintiff or the defendant or in the case of a corporation any officer thereof to attend and be examined and cross‑examined upon oath or to produce any papers, books, or documents, or copies of, or extracts therefrom.
If the Court directs that the action shall proceed to trial, it may give directions as to the further conduct of the action and may order that the action be forthwith set down for trial.
Any judgment given against a party who does not appear at the hearing of the application under rule 1 may be set aside or varied by the Court on such terms as it thinks just.
Relief by way of interpleader may be granted by the Court —
(a) where the person seeking relief (called the applicant) is under liability —
(i) to yield up or give possession of any land; or
(ii) to perform a contract; or
(iii) for any debt or money; or
(iv) to yield up goods or chattels or any document, muniment of title, or security,
in respect of which he is or expects to be sued by 2 or more parties (called the claimants) making adverse claims.
[(b) deleted]
(1) An application for relief under this Order must be made by originating summons unless made in a pending action, in which case it must be made by summons in the action.
(2) No appearance need be entered to an originating summons under this rule.
(3) A summons under this rule must be supported by evidence that the applicant —
(a) claims no interest in the subject‑matter in dispute other than for charges and costs; and
(b) does not collude with any of the claimants to that subject‑matter; and
(c) is willing to dispose of any property involved in such manner as the Court or a judge may direct.
Where the applicant is a defendant, application for relief may be made at any time after the service of the writ.
If the application is made by a defendant the Court may stay all further proceedings.
If the claimants appear in pursuance of the summons the Court or a judge may order either that any claimant be made a defendant in any action already commenced in respect of the subject‑matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may give directions as to which of the claimants is to be plaintiff and which defendant, and as to the method of trial and such other directions as may be necessary in the circumstances.
The Court may, with the consent of both claimants or on the request of any claimant dispose of the merits of the claims and decide the same in a summary manner.
Where the question is one of law, and the facts are not in dispute, the Court may either decide the question without directing the trial of an issue, or order that a special case be stated for the opinion of the Court. If a special case is stated Order 31 shall, as far as applicable, apply.
If a claimant, having been duly served with a summons calling on him to appear and maintain or relinquish his claim does not appear in pursuance of the summons, or, having appeared, neglects or refuses to comply with any order made after his appearance, the Court may make an order declaring him and all persons claiming under him barred against the applicant and persons claiming under him.
Whenever it appears desirable from the nature of the subject matter or the parties agree, the Court or a judge may order the sale of the whole or any part thereof and direct the application of the proceeds according to the rights of the parties as determined on the interpleader proceedings.
The rules relating to discovery, interrogatories and inspection, and the trial of actions shall apply to interpleader issues with the necessary modifications.
Where in any interpleader proceeding it is necessary or expedient to make one order in several causes or matters, such order may be made by the Court before whom the proceedings may be taken, and shall be entitled in such causes or matters; and any such order (subject to the right of appeal) shall be binding on the parties in all such causes or matters.
Subject to rules 1 to 11,the Court may in and for the purposes of any interpleader proceedings make such order as to costs or any other matter as it thinks just.
(1) Subject to rule 5(1), a plaintiff may in one action claim relief against the same defendant in respect of more than one cause of action —
(a) if the plaintiff claims, and the defendant is alleged to be liable, in the same capacity in respect of all the causes of action; or
(b) if the plaintiff claims or the defendant is alleged to be liable in the capacity of executor or administrator of an estate in respect of one or more of the causes of action and in his personal capacity but with reference to the same estate in respect of all the others; or
(c) with the leave of the Court.
(2) An application for leave under this rule must be made
ex parte by affidavit before the issue of the writ and the affidavit must state the grounds of the application.
(1) Subject to rule 5(2), a defendant in any action who alleges that he has any claim or is entitled to any relief or remedy against a plaintiff in the action in respect of any matter (whenever and however arising) may, instead of bringing a separate action, make a counterclaim in respect of that matter; and where he does so he must add the counterclaim to his defence.
(2) Rule 1 shall apply in relation to a counterclaim as if the counterclaim were a separate action and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
(3) A counterclaim may be proceeded with notwithstanding that judgment is given for the plaintiff in the action or that the action is stayed, discontinued or dismissed.
(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a balance in favour of one of the parties, the Court may give judgment for the balance, so, however, that this provision shall not be taken as affecting the Court’s discretion with respect to costs.
(1) Where a defendant to an action who makes a counterclaim against the plaintiff alleges that any other person (whether or not a party to the action) is liable to him along with the plaintiff in respect of the subject‑matter of the counterclaim, or claims against such other person any relief relating to or connected with the original subject‑matter of the action then, subject to rule 5(2), he may join that other person as a party against whom the counterclaim is made.
(2) Where a defendant joins a person as a party against whom he makes a counterclaim, he must add that person’s name to the title of the action and serve on him a copy of the counterclaim; and a person on whom a copy of a counterclaim is served under this subrule shall, if he is not already a party to the action, become a party to it as from the time of service with the same rights in respect of his defence to the counterclaim and otherwise as if he had been duly sued in the ordinary way by the party making the counterclaim.
(3) A defendant who is required by subrule (2) to serve a copy of the counterclaim made by him on any person who before service is already a party to the action must do so within the period within which by virtue of Order 20 rule 4, he must serve on the plaintiff the defence to which the counterclaim is added.
(4) Where by virtue of subrule (2) a copy of a counterclaim is required to be served on a person who is not already a party to the action, the following provisions of these rules, namely, Order 9 except rule 1(4), Order 10, Order 12 and Order 13 shall, subject to subrule (3), apply in relation to the counterclaim and the proceedings arising from it as if —
(a) the counterclaim were a writ and the proceedings arising from it an action; and
(b) the party making the counterclaim were a plaintiff and the party against who it is made a defendant in that action.
(5) A copy of a counterclaim required to be served on a person who is not already a party to the action must be indorsed with a notice, in Form No. 10, addressed to that person.
(1) Subject to rule 5(1), 2 or more persons may be joined together in one action as plaintiffs or as defendants with the leave of the Court or where —
(a) if separate actions were brought by or against each of them, as the case may be, some common question of law or fact would arise in all the actions; and
(b) all rights to relief claimed in the action (whether they are joint, several or alternative) are in respect of or arise out of the same transaction or series of transactions.
(2) Where the plaintiff in any action claims any relief to which any other person is entitled jointly with him, all persons so entitled must, subject to the provisions of any Act and unless the Court gives leave to the contrary, be parties to the action and any of them who does not consent to being joined as a plaintiff must, subject to any order made by the Court on an application for leave under this subrule, be made a defendant.
This subrule shall not apply to a probate action.
(3) Where relief is claimed in an action against a defendant who is jointly liable with some other person and also severally liable, that other person need not be made a defendant to the action; but where persons are jointly, but not severally, liable under a contract and relief is claimed against some but not all of those persons in an action in respect of that contract, the Court may, on the application of any defendant to the action, by order stay proceedings in the action until the other persons so liable are added as defendants.
(1) If claims in respect of 2 or more causes of action are included by a plaintiff in the same action or by a defendant in a counterclaim, or if 2 or more plaintiffs or defendants are parties to the same action, and it appears to the Court that the joinder of causes of action or of parties, as the case may be, may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient.
(2) If it appears on the application of any party against whom a counterclaim is made that the subject‑matter of the counterclaim ought for any reason to be disposed of by a separate action, the Court may order the counterclaim to be struck out or may order it to be tried separately or make such other order as may be expedient.
(1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party; and the Court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter.
(2) At any stage of the proceedings in any cause or matter the Court may on such terms as it thinks just and either of its own motion or on application —
(a) order that any person who has been improperly or unnecessarily made a party or who has for any reason ceased to be a proper or necessary party, to cease to be a party;
(b) order that any person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, be added as a party,
but no person shall be added as a plaintiff without his consent signified in writing or in such other manner as may be authorised.
(3) An application by any person for an order under subrule (2) adding him as a defendant must, except with the leave of the Court, be supported by an affidavit showing his interest in the matters in dispute in the cause or matter.
(1) Where a party to an action dies or becomes bankrupt but the cause of action survives, the action shall not abate by reason of the death or bankruptcy.
(2) Where at any stage of the proceedings in any cause or matter the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may, if it thinks it necessary in order to ensure that all matters in dispute in the cause or matter may be effectually and completely determined and adjudicated upon, order that other person to be made a party to the cause or matter and the proceedings to be carried on as if he had been substituted for the first‑mentioned party.
An application for an order under this subrule may be made
(3) An order may be made under this rule for a person to be made a party to a cause or matter notwithstanding that he is already a party to it on the other side of the record, or on the same side but in a different capacity; but —
(a) if he is already a party on the other side, the order shall be treated as containing a direction that he shall cease to be a party on that other side; and
(b) if he is already a party on the same side but in another capacity, the order may contain a direction that he shall cease to be a party in that other capacity.
(4) The person on whose application an order is made under this rule must procure the order to be noted in the Cause Book and after the order has been so noted that person must, unless the Court otherwise directs, serve the order on every other person who is a party to the cause or matter or who becomes or ceases to be a party by virtue of the order and serve with the order on any person who becomes a defendant a copy of the writ or originating summons by which the cause or matter was begun.
(5) Any application to the Court by a person served with an order made
ex parte under this rule for the discharge or variation of the order must be made within 14 days after the service of the order on that person.
(1) Where an order is made under rule 6, the writ by which the action in question was begun must be amended accordingly and must be indorsed with —
(a) a reference to the order in pursuance of which the amendment is made; and
(b) the date on which the amendment is made,
and the amendment must be made within such period as may be specified in the order or, if no period is so specified, within 14 days after the making of the order.
(2) Where by an order under rule 6 a person is to be made a defendant, the rules as to service of a writ of summons shall apply accordingly to service of the amended writ on him, but before serving the writ on him the person on whose application the order was made must procure the order to be noted in the Cause Book.
(3) Where by an order under rule 6 or 7 a person is to be made a defendant, the rules as to entry of appearance shall apply accordingly to entry of appearance by him, subject, in the case of a person to be made a defendant by an order under rule 7, to the modification that the time limited for appearing shall begin with the date on which the order is served on him under rule 7(4) or, if the order is not required to be served on him, with the date on which the order is noted in the Cause Book.
(4) Where by an order under rule 6 or 7 a person is to be added as a party or is to be made a party in substitution for some other party, that person shall not become a party until —
(a) where the order is made under rule 6, the writ has been amended in relation to him under this rule and (if he is a defendant) has been served on him; or
(b) where the order is made under rule 7, the order has been served on him under rule 7(4) or, if the order is not required to be served on him, the order has been noted in the Cause Book,
and where by virtue of such an order a person becomes a party in substitution for some other party, all things done in the course of the proceedings before the making of the order shall have effect in relation to the new party as they had in relation to the old, except that entry of appearance by the old party shall not dispense with entry of appearance by the new party.
(1) If after the death of a plaintiff or defendant in any action the cause of action survives, but no order under rule 7 is made substituting as plaintiff any person in whom the cause of action vests or, as the case may be, the personal representatives of the deceased defendant, the defendant or, as the case may be, those representatives may apply to the Court for an order that unless the action is proceeded with within such time as may be specified in the order the action shall be struck out as against the plaintiff or defendant, as the case may be, who has died; but where it is the plaintiff who has died, the Court shall not make an order under this rule unless satisfied that due notice of the application has been given to the personal representatives (if any) of the deceased plaintiff and to any other interested persons who, in the opinion of the Court, should be notified.
(2) Where in any action a counterclaim is made by a defendant, this rule shall apply in relation to the counterclaim as if the counterclaim were a separate action and as if the defendant making the counterclaim were the plaintiff and the person against whom it is made a defendant.
(1) Without prejudice to rule 6, the Court may at any stage of the proceedings in an action for possession of land order any person not a party to the action who is in possession of the land (whether in actual possession or by a tenant) to be added as a defendant.
(2) An application by any person for an order under this rule may be made
ex parte , supported by an affidavit showing that he is in possession of the land in question and if by a tenant, naming him.(3) A person added as a defendant by an order under this rule must serve a copy of the order on the plaintiff and must enter an appearance in the action within such period, if any, as may be specified in the order or, if no period is so specified, within 7 days after the making of the order, and the rules as to entry of appearance shall apply accordingly to entry of appearance by him.
(1) Before the name of any person is used in any action as a relator, that person must give to his solicitor a written authorisation so to use his name and the authorisation must be filed.
(2) In all relator actions the plaintiff shall file with the writ or other originating process, the consent of the Attorney General to the action being brought.
(1) Where numerous persons have the same interest in any proceedings, not being such proceedings as are mentioned in rule 13 or Order 18A, the proceedings may be begun, and, unless the Court otherwise orders, continued, by or against any one or more of them as representing all or as representing all except one or more of them.
(2) At any stage of proceedings under this rule the Court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued, to represent all, or all except one or more, of those persons in the proceedings; and where, in exercise of the power conferred by this subrule, the Court appoints a person not named as a defendant, it shall make an order under rule 6 adding that person as a defendant.
(3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings except with the leave of the Court.
(4) An application for the grant of leave under subrule (3) must be made by summons which must be served personally on the person against whom it is sought to enforce the judgment or order.
(5) Notwithstanding that a judgment or order to which any such application relates is binding on the person against whom the application is made, the person may dispute liability to have the judgment or order enforced against them on the ground that by reason of facts and matters particular to their case the person is entitled to be exempted from such liability.
(6) The Court hearing an application for the grant of leave under subrule (3) may order the question whether the judgment or order is enforceable against the person against whom the application is made to be tried and determined in any manner in which any issue or question in an action may be tried and determined.
(7) A person cannot begin or carry on a proceeding under this rule except by a legal practitioner.
(1) In any proceedings concerning —
(a) the administration of the estate of a deceased person; or
(b) property subject to a trust; or
(c) the construction of a written instrument, including a statute or a regulation, rule or by‑law made under a statute,
the Court, if satisfied that it is expedient so to do, and that one or more of the conditions specified in subrule (2) are satisfied, may appoint one or more persons to represent any person (including an unborn person) or class who is or may be interested (whether presently or for any future, contingent or unascertained interest) in or affected by the proceedings.
(2) The conditions for the exercise of the power conferred by subrule (1) are as follows —
(a) that the person, the class or some member of the class, cannot be ascertained or cannot readily be ascertained;
(b) that the person, class or some member of the class, though ascertained, cannot be found;
(c) that, though the person or the class and the members thereof can be ascertained and found, it appears to the Court expedient (regard being had to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined) to exercise the power for the purpose of saving expense.
(3) Where in any proceedings to which subrule (1) applies, the Court exercises the power conferred by that subrule, a judgment or order of the Court given or made when the person or persons appointed in exercise of that power are before the Court shall be binding on the person or class represented by the person or persons so appointed.
(4) Where, in any such proceedings, a compromise is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties to the proceedings (including unborn or unascertained persons) but —
(a) there is some other person in the same interest before the Court who assents to the compromise or on whose behalf the Court sanctions the compromise; or
(b) the absent persons are represented by a person appointed under subrule (1) who so assents,
the Court, if satisfied that the compromise will be for the benefit of the absent persons and that it is expedient to exercise this power, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order has been obtained by fraud or non‑disclosure of material facts.
(1) Any proceedings, including proceedings to enforce a security by foreclosure or otherwise, may be brought by or against trustees, executors or administrators in their capacity as such without joining any of the persons having a beneficial interest in the trust or estate, as the case may be; and any judgment or order given or made in those proceedings shall be binding on those persons unless the Court in the same or other proceedings otherwise orders on the ground that the trustees, executors or administrators, as the case may be, could not or did not in fact represent the interests of those persons in the first‑mentioned proceedings.
(2) Subrule (1) is without prejudice to the power of the Court to order any person having such an interest as aforesaid to be made a party to the proceedings or to make an order under rule 13.
(1) Where in any proceedings it appears to the Court that a deceased person was interested in the matter in question in the proceedings and that he has no personal representative, the Court may, on the application of any party to the proceedings, proceed in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent that estate for the purposes of the proceedings; and any such order, and any judgment or order subsequently given or made in the proceedings, shall bind the estate of the deceased person to the same extent as it would have been bound had a personal representative of that person been a party to the proceedings.
(2) Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.
No action or other proceeding shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether or not any consequential relief is or could be claimed.
The Court may give the conduct of any action, inquiry or other proceeding to such person as it thinks fit.
In this Order each of the following terms has the meaning given in the
A person cannot commence or carry on a representative proceeding except by a legal practitioner.
(1) This rule applies if the Court administratively establishes a list (the
Representative Proceedings List ) of proceedings for the purposes of this Order.(2) All representative proceedings are on the Representative Proceedings List.
(3) The heading of every document filed or issued in a representative proceeding must include “Representative Proceedings List” under “In the Supreme Court of Western Australia”.
A person referred to in the
(a) filing a Form 10A; and
(b) serving a copy on the representative party for the proceeding.
For the purposes of the
(1) Where in any action a defendant who has entered an appearance claims against any person not already a party to the action (in this Order called the third party) —
(a) that he is entitled to contribution or indemnity; or
(b) that he is entitled to any relief or remedy relating to or connected with the original subject‑matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or
(c) that any question or issue relating to or connected with the original subject‑matter of the action is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but also as between either or both of them and the third party,
then, subject to subrule (2), the defendant may issue a notice in Form No. 11 or 12, whichever is appropriate (in this Order referred to as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue required to be determined.
(2) A defendant to an action may not issue a third party notice without the leave of the Court unless he issues the notice before serving his defence on the plaintiff.
(3) Where a third party notice is served on the person against whom it is issued, he shall as from the time of service be a party to the action with the same rights in respect of his defence against any claim made against him in the notice and otherwise as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued.
(1) An application for leave to issue a third party notice may be made
ex parte but the Court may direct a summons for leave to be issued.(2) An application for leave to issue a third party notice must be supported by an affidavit stating —
(a) the nature of the claim made by the plaintiff in the action; and
(b) the stage which proceedings in the action have reached; and
(c) the nature of the claim made by the applicant or particulars of the question or issue required to be determined, as the case may be, and the facts on which the proposed third party notice is based; and
(d) the name and address of the person against whom the third party notice is to be issued.
3. Issue and service of, and entry of appearance to, third party notice (1) The order granting leave to issue a third party notice may contain directions as to the period within which the notice is to be issued.
(2) There must be served with every third party notice a copy of the writ by which the action was begun and of the pleadings (if any) served in the action.
(3) Subject to subrules (1) and (2), the following provisions of these rules, namely, Order 5 rules 7, 8 and 11, Order 9 except rule 1(4), Order 10 and Order 12, shall apply in relation to a third party notice and to the proceedings begun thereby as if —
(a) the third party notice were a writ and the proceedings begun thereby an action; and
(b) the defendant issuing the third party notice were a plaintiff and the person against whom it is issued a defendant in that action.
(1) If the third party enters an appearance, the defendant who issued the third party notice must, within 10 days of the appearance of the third party, by summons to be served on all the other parties to the action, apply to the Court for directions.
(2) If a summons is not served on the third party under subrule (1), the third party may, not earlier than 7 days after entering an appearance, by summons to be served on all the other parties to the action, apply to the Court for directions or for an order to set aside the third party notice.
(3) On an application for directions under this rule the Court may —
(a) if the liability of the third party to the defendant who issued the third party notice is established on the hearing, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant; or
(b) order any claim, question or issue stated in the third party notice to be tried in such manner as the Court may direct; or
(c) dismiss the application and terminate the proceedings on the third party notice,
and may do so either before or after any judgment in the action has been signed by the plaintiff against the defendant.
(4) On an application for directions under this rule the Court may give the third party leave to defend the action, either alone or jointly with any defendant, upon such terms as may be just, or to appear at the trial and to take such part therein as may be just, and generally may make such orders and give such directions as appear to the Court proper for having the rights and liabilities of the parties most conveniently determined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action.
(5) The Court may at any time vary or rescind any order made or direction given under this rule.
(1) If a third party does not enter an appearance or, having been ordered to serve a defence, fails to do so —
(a) he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment (including judgment by consent) or decision in the action in so far as it is relevant to any claim, question or issue stated in that notice; and
(b) the defendant by whom the third party notice was issued may, if judgment in default is given against him in the action, at any time after satisfaction of that judgment and, with the leave of the Court before satisfaction thereof, enter judgment against the third party in respect of any contribution or indemnity claimed in the notice, and, with the leave of the Court, in respect of any other relief or remedy claimed therein.
(2) If a third party or the defendant by whom a third party notice was issued makes default in serving any pleading which he is ordered to serve, the Court may, on the application by summons of that defendant or the third party, as the case may be, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties.
(3) The Court may at any time set aside or vary a judgment entered under subrule (1)(b) or subrule (2) on such terms (if any) as it thinks just.
Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court.
(1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action or, if the action is decided otherwise than by trial, on an application by summons or motion, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.
(2) Where in an action judgment is given against a defendant and judgment is given for the defendant against a third party, execution shall not issue against the third party except as to costs, without the leave of the Court until the judgment against the defendant has been satisfied at least to the extent of the third party liability which he claims to enforce under the judgment.
(1) Where in any action a defendant who has entered an appearance —
(a) claims against a person who is already a party to the action any contribution or indemnity; or
(b) claims against such a person any relief or remedy relating to or connected with the original subject‑matter of the action and substantially the same as some relief or remedy claimed by the plaintiff; or
(c) requires that any question or issue relating to or connected with the original subject‑matter of the action should be determined not only as between the plaintiff and himself but also as between either or both of them and some other person who is already a party to the action,
then, subject to subrule (2), the defendant may, without leave, issue and serve on that person a notice containing a statement of the nature and grounds of his claim or, as the case may be, of the question or issue required to be determined.
(2) Where a defendant makes such a claim as is mentioned in subrule (1) and that claim could be made by him by counterclaim in the action, subrule (1) shall not apply in relation to the claim.
(3) No appearance to such a notice shall be necessary if the person on whom it is served has entered an appearance in the action or is a plaintiff therein, and the same procedure shall be adopted for the determination between the defendant by whom, and the person on whom, such a notice is served of the claim, question or issue stated in the notice as would be appropriate under this Order if the person served with the notice were a third party and (where he has entered an appearance in the action or is a plaintiff) had entered an appearance to the notice.
(4) Rule 4(2) shall have effect in relation to proceedings on a notice issued under this rule as if for the words “7 days after entering an appearance” there were substituted the words “14 days after service of the notice on him”.
(1) Where a defendant has served a third party notice and the third party makes such a claim or requirement as is mentioned in rule 1 or rule 8, this Order shall, with the modification mentioned in subrule (2) and any other necessary modifications, apply as if the third party were a defendant; and similarly where any further person to whom by virtue of this rule this Order applies as if he were a third party makes such a claim or requirement.
(2) The modification referred to in subrule (1) is that subrule (3) shall have effect in relation to the issue of a notice under rule 1 by a third party in substitution for rule 1(2).
(3) A third party may not issue a notice under rule 1 without the leave of the Court unless he issues the notice before the expiration of 14 days after the time limited for appearing to the notice issued against him.
If, before the trial of an action, a party to the action who, either as a third party or as one of 2 or more tortfeasors liable in respect of the same damage, stands to be held liable in the action to another party to contribute towards any debt or damages which may be recovered against that other party in the action, makes (without prejudice to his defence) a written offer to that other party to contribute to a specified extent to the debt or damages, then, notwithstanding that he reserves the right to bring the offer to the attention of the judge at the trial, the offer shall not be brought to the attention of the judge until after all questions of liability and amount of debt or damages have been decided.
Where in any action a counterclaim is made by a defendant, rules 1 to 10 shall apply in relation to the counterclaim as if the subject‑matter of the counterclaim were the original subject‑matter of the action, and as if the person making the counterclaim were the plaintiff and the person against whom it is made a defendant.
The Court may decide all questions of costs as between a third party and other parties to the action, and may order any one or more of them to pay the costs of any other, or others, or give such directions as to costs as the justice of the case may require.
Unless the Court gives leave to the contrary or a statement of claim is indorsed on the writ, the plaintiff must serve a statement of claim on the defendant or, if there are 2 or more defendants, on each defendant, and must do so either when the writ is served on that defendant or at any time after service of the writ but before the expiration of 14 days after that defendant enters an appearance.
(1) A statement of claim must state specifically the relief or remedy which the plaintiff claims, but costs need not be specifically claimed.
(2) A statement of claim must not contain any allegation or claim in respect of a cause of action unless that cause of action is mentioned in the writ or arises from facts which are the same as, or include or form part of, facts giving rise to a cause of action so mentioned.
(3) Subject to subrule (2) a plaintiff may in his statement of claim alter, modify or extend any claim made by him in the indorsement of the writ without amending the indorsement.
(4) Except when indorsed on the writ every statement of claim must bear on its face a statement of the date on which the writ in the action was issued.
(1) Subject to subrule (2) the original of every statement of claim, defence, set off, or counterclaim, and of every reply or subsequent pleading, and of any further particulars of any pleading, a copy of which is required by these rules to be served on one party by another, must be filed before the copy is served, and the copy must be served within one working day after the date of filing the original.
(2) This rule does not apply where the statement of claim is indorsed on the writ.
(1) Subject to subrule (2), a defendant who enters an appearance in, and intends to defend, an action must, unless the Court gives leave to the contrary, serve a defence on the plaintiff before the expiration of 14 days after the time limited for appearing or after the statement of claim is served on him, whichever is the later.
(2) If a summons under Order 14 rule 1 is served on a defendant before he serves his defence, subrule (1) shall not have effect in relation to him unless by the order made on the summons he is given leave to defend the action and, in that case, shall have effect as if it required him to serve his defence within 14 days after the making of the order or within such other period as may be specified therein.
(1) A plaintiff on whom a defendant serves a defence must serve a reply on that defendant if it is needed for compliance with rule 9, and if no reply is served, rule 15(1) will apply.
(2) A plaintiff on whom the defendant serves a counterclaim must, if he intends to defend it, serve on that defendant a defence to counterclaim.
(3) Where a plaintiff serves both a reply and a defence to counterclaim on any defendant, he must include them in the same document.
(4) A reply to any defence must be served by the plaintiff before the expiration of 14 days after the service on him of that defence, and a defence to counterclaim must be served by the plaintiff before the expiration of 14 days after the service on him of the counterclaim to which it relates.
No pleading subsequent to a reply or a defence to counterclaim shall be served except with the leave of the Court.
(1) Every pleading in an action must bear on its face —
(a) the year in which the writ in the action was issued and the number of the action; and
(b) the title of the action; and
(c) the description of the pleading; and
(d) the date on which it was filed.
(2) Every pleading must, if necessary, be divided into paragraphs numbered consecutively, each allegation being so far as convenient contained in a separate paragraph.
(3) Dates, sums and other numbers must be expressed in a pleading in figures and not in words.
(4) Every pleading of a party must be indorsed —
(a) where the party sues or defends in person, with his name and address for service;
(b) in any other case, with the name or firm and address for service of the solicitor by whom it was filed.
(5) Every pleading of a party must be signed by counsel, if settled by him, and, if not, by the party’s solicitor or by the party, if he sues or defends in person.
(5A) It shall be a sufficient compliance with subrule (5) if the pleading is signed by a solicitor who —
(a) is employed by the party’s solicitor; and
(b) has settled the pleading; and
(c) is authorised to sign the pleading on his principal’s behalf; and
(d) adds his own signature after the name of his firm.
(6) The date of service of a pleading must be stated on every copy which is served.
(1) Subject to the provisions of this rule, and rules 11, 12 and 13 every pleading must contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which those facts are to be proved, and the statement must be as brief as the nature of the case admits.
(2) Without prejudice to subrule (1), the effect of any document or the purport of any conversation referred to in the pleading must, if material, be briefly stated, and the precise words of the document or conversation shall not be stated, except in so far as those words are themselves material.
(3) A party need not plead any fact if it is presumed by law to be true or the burden of disproving it lies on the other party, unless the other party has specifically denied it in his pleading.
(4) A statement that a thing has been done or that an event has occurred, being a thing or event the doing or occurrence of which, as the case may be, constitutes a condition precedent necessary for the case of a party is to be implied in his pleading.
(1) A party must in any pleading subsequent to a statement of claim plead specifically any matter, for example, performance, release, any relevant statute of limitation, fraud or any fact showing illegality —
(a) which he alleges makes any claim or defence of the opposite party not maintainable; or
(b) which, if not specifically pleaded, might take the opposite party by surprise; or
(c) which raises issues of fact not arising out of the preceding pleading.
(2) Without prejudice to subrule (1), a defendant to an action for possession of land must plead specifically every ground of defence on which he relies, and a plea that he is in possession of the land by himself or his tenant is not sufficient.
(3) A claim for exemplary damages or a claim for aggravated damages must be specifically pleaded together with the facts on which the party pleading relies.
(4) Where the plaintiff intends to claim interest, he must claim it specifically; and the statement of claim must —
(a) identify that part of the claim or the components of the damages to which the claim for interest relates;
(b) where the claim for interest is founded on a contract, contain a statement in summary form of the material facts relied on;
(c) where the claim for interest is pursuant to a statute —
(i) identify the statutory provision; and
(ii) specify the rate claimed; and
(iii) state the date or dates from which interest is claimed.
Subject to rules 8(1) and 11, a party may in any pleading plead any matter which has arisen at any time, whether before or since the issue of the writ.
(1) A party shall not in any pleading make any allegation of fact, or raise any new ground of claim, inconsistent with a previous pleading of his.
(2) Subrule (1) shall not be taken as prejudicing the right of a party to amend, or apply for leave to amend, his previous pleading so as to plead the allegations or claims in the alternative.
A party may by his pleading raise any point of law.
(1) Subject to subrule (2), every pleading must contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing words —
(a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on which the party pleading relies; and
(b) where a party pleading alleges any condition of the mind of any person, whether any disorder or disability of mind or any malice, fraudulent intention or other condition of mind except knowledge, particulars of the facts on which the party relies.
(2) Where it is necessary to give particulars of debt, expenses or damages and those particulars exceed 3 folios, they must be set out in a separate document referred to in the pleading and the pleading must state whether the document has already been served and, if so, when, or is to be served with the pleading.
(3) The Court may order a party to serve on any other party particulars of any claim, defence or other matter stated in his pleading, or in any affidavit of his ordered to stand as a pleading, or a statement of the nature of the case on which he relies, and the order may be made on such terms as the Court thinks just.
(4) Where a party alleges as a fact that a person had knowledge or notice of some fact, matter or thing, then, without prejudice to the generality of subrule (3), the Court may, on such terms as it thinks just, order that party to serve on any other party —
(a) where he alleges knowledge, particulars of the facts on which he relies; and
(b) where he alleges notice, particulars of the notice.
(5) An order under this rule shall not be made before service of the defence unless, in the opinion of the Court, the order is necessary or desirable to enable the defendant to plead or for some other special reason.
(6) An order under this rule shall not be made unless a written request for the particulars required by the applicant has been filed and served within 30 days of the service of the pleadings or such other time as the Court may allow.
(7) The party at whose instance particulars have been served under an order of the Court shall, unless the order otherwise provides, have the same length of time for pleading after the service of the particulars that he had at the return of the summons. Save as in this rule provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time.
(1) Where in an action for defamation the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he must give particulars of the facts and matters on which he relies in support of that sense.
(2) Where in an action for defamation the defendant alleges that, in so far as the words complained of consist of statements of fact, they are true in substance and in fact, and in so far as they consist of expressions of opinion, they are fair comment on a matter of public interest, or pleads to the like effect, he must give particulars stating which of the words complained of he alleges are statements of fact and of the facts and matters he relies on in support of the allegation that the words are true.
(3) Where in an action for defamation the plaintiff alleges that the defendant maliciously published the words or matters complained of, he need not in his statement of claim give particulars of the facts on which he relies in support of the allegation of malice; but where the defendant pleads that any of those words or matters are fair comment on a matter of public interest or were published upon a privileged occasion and the plaintiff intends to allege that the defendant was actuated by express malice, he must serve a reply giving particulars of the facts and matters from which the malice is to be inferred.
(4) This rule applies in relation to a counterclaim for defamation as if the party making the counterclaim were the plaintiff and the party against whom it is made were the defendant.
(1) Subject to subrule (4), any allegation of fact made by a party in his pleading is deemed to be admitted by the opposite party unless it is traversed by that party in his pleading or a joinder of issue under rule 15 operates as a denial of it.
(2) A traverse may be made either by a denial or by a statement of non‑admission.
(3) Subject to subrule (4), every allegation of fact made in a statement of claim or counterclaim which the party on whom it is served does not intend to admit must be specifically traversed by him in his defence or defence to counterclaim, as the case may be; and a general denial of such allegations, or a general statement of non‑admission of them, is not a sufficient traverse of them.
(4) Any allegation that a party has suffered damage and any allegation as to the amount of damages is deemed to be traversed unless specifically admitted.
(1) If there is no reply to a defence, there is an implied joinder of issue on that defence.
(2) Subject to subrule (3) —
(a) there is at the close of pleadings an implied joinder of issue on the pleading last served; and
(b) a party may in his pleading expressly join issue on the next preceding pleading.
(3) There can be no joinder of issue, implied or express, on a statement of claim or counterclaim.
(4) A joinder of issue operates as a denial of every material allegation of fact made in the pleading on which there is an implied or express joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue operates as a denial of every other such allegation.
Where in any action a defence of tender before action is pleaded, the defendant must pay into court in accordance with Order 24 the amount alleged to have been tendered, and the tender shall not be available as a defence unless and until payment into court has been made.
Where a claim by a defendant to a sum of money (whether of an ascertained amount or not) is relied on as a defence to the whole or part of a claim made by the plaintiff, it may be included in the defence and set‑off against the plaintiff’s claim, whether or not it is also added as a counterclaim.
Without prejudice to the general application of this Order to a counterclaim and a defence to counterclaim, or to any provision thereof which applies to either of those pleadings specifically —
(a) rule 2(1) shall apply to a counterclaim as if the counterclaim were a statement of claim and the defendant making it a plaintiff;
(b) rules 9(2), 16, and 17 shall, with the necessary modifications apply to a defence to counterclaim as they apply to a defence.
(1) The Court may at any stage of the proceedings, subject to subrule (3), order to be struck out or amended any pleading, or the indorsement of any writ in the action, or anything in any pleading or in the indorsement on the ground that —
(a) it discloses no reasonable cause of action or defence, as the case may be; or
(b) it is scandalous, frivolous or vexatious; or
(c) it may prejudice, embarrass or delay the fair trial of the action; or
(d) it is otherwise an abuse of the process of the Court,
and may order the action to be stayed or dismissed or judgment to be entered accordingly, as the case may be.
(2) No evidence shall be admissible on an application under subrule (1)(a).
(3) An application for an order under subrule (1) must —
(a) be made within 21 days of the service of any pleading, or amended pleading, or writ to which the application refers; and
(b) where the application is to strike out certain pleadings, specify —
(i) the paragraph of subrule (1) under which the application is made; and
(ii) those parts of the pleadings which the applicant seeks to have struck out;
and
(c) where the application is to strike out the entire pleading, clearly indicate that intention in the application.
[(4) deleted] (5) Unless special circumstances are shown, an application to amend pleadings consequent upon an order striking the pleadings out, in whole or in part, shall be accompanied by a minute of the proposed amendment.
(1) Subject to subrule (2) the pleadings in an action are deemed to be closed —
(a) at the expiration of 14 days after service of the reply or, if there is no reply but only a defence to counterclaim, after service of the defence to counterclaim; or
(b) if neither a reply nor a defence to counterclaim is served, at the expiration of 14 days after service of the defence.
(2) Where the time for the service of a reply or defence to counterclaim or both is extended either by order of the Court or by written consent of the parties, or by the operation of rule 13(7), the pleadings are deemed to be closed at the expiration of 14 days after such extended time has expired.
(1) Where in an action to which this rule applies any defendant has entered an appearance in the action, the plaintiff or that defendant may apply to the Court by summons for an order that the action shall be tried without pleadings or further pleadings, as the case may be.
(2) If, on the hearing of an application under this rule, the Court is satisfied that the issues in dispute between the parties can be defined without pleadings or further pleadings, or that for any other reason the action can properly be tried without pleadings or further pleadings, as the case may be, the Court shall order the action to be so tried, and may direct the parties to prepare a statement of the issues in dispute or, if the parties are unable to agree to such a statement, may settle the statement itself.
(3) If the Court makes an order under subrule (2), it must, and if it dismisses an application for such an order, it may, make such case management directions under Order 4A as to the further conduct of the action as it considers just.
(4) This rule applies to every action begun by writ other than one which includes —
(a) a claim by the plaintiff for defamation, malicious prosecution, false imprisonment, seduction or breach of promise of marriage; or
(b) a claim by the plaintiff based on an allegation of fraud.
Where in any cause or matter it appears to the Court that the issues of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court.
(1) In an action for damage by collision between vessels, unless the Court otherwise orders, the plaintiff or his solicitor must, within 7 days after the commencement of the action, and the defendant or his solicitor must, within 7 days after appearance and before any pleading is delivered, respectively file a document to be called a Preliminary Act.
(2) Every Preliminary Act shall be sealed up and, unless the Court otherwise orders, shall not be opened until the pleadings are closed and a consent signed by the respective parties or their solicitors that the Preliminary Acts shall be opened is filed.
(3) The Preliminary Act shall contain a statement of the following particulars —
(a) the names of the vessels which came into collision, the names of their masters, and their ports of registry;
(b) the date and time of the collision;
(c) the place of the collision;
(d) the direction and force of the wind;
(e) the state of the weather;
(f) the state, direction and force of the tidal or other current;
(g) the course and speed of the vessel when the other was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier;
(h) the lights (if any) carried by the vessel;
(i) the distance and bearing of the other vessel if and when her echo was first observed by radar;
(j) the distance, bearing and approximate heading of the other vessel when first seen;
(k) what light or combination of lights (if any) of the other vessel was first seen;
(l) what other lights or combination of lights (if any) of the other vessel were subsequently seen before the collision, and when;
(m) what alterations (if any) were made to the course and speed of the vessel after the earlier of the 2 times referred to in article (vii) up to the time of the collision, and when, and what measures (if any), other than alterations of course or speed, were taken to avoid the collision, and when;
(n) the parts of each vessel which first came into contact and the approximate angle between the 2 vessels at the moment of contact;
(o) what sound signals (if any) were given, and when;
(p) what sound signals (if any) were heard from the other vessel, and when.
(4) Where the Court orders the Preliminary Acts to be opened, the Court may further order the action to be tried without pleadings but, where the Court orders the action to be so tried, any party who intends to rely on the defence of compulsory pilotage must give notice of his intention to do so to the other parties within 7 days after the opening of the Preliminary Acts.
(5) Rule 1 shall not apply to an action in which Preliminary Acts are required but, unless the Court orders the action to be tried without pleadings, the plaintiff must serve a statement of claim on each defendant within 14 days after the latest date on which the Preliminary Act of any party to the action is filed.
(1) Where in an action to which rule 23 applies, the plaintiff fails to file a Preliminary Act within the time prescribed for that purpose by that rule or by any order of the Court, any defendant who has filed such an Act may apply to the Court by summons for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.
(2) Where in such an action, being an action in personam, a defendant fails to file a Preliminary Act within the period prescribed for that purpose by rule 23 or by any order of the Court, Order 22 rules 2 and 3 shall apply as if the defendant’s failure to file the Preliminary Act within that period were a failure by him to serve a defence on the plaintiff within the period fixed by or under these rules for service thereof, and the plaintiff may enter judgment against the defendant in accordance with the said rule 2 or the said rule 3, as the circumstances of the case require.
(1) Subject to subrule (3), the plaintiff may, without the leave of the Court, amend the writ once at any time before the pleadings in the action begun by the writ are deemed to be closed by filing its amended writ before the closure.
[(2) deleted] (3) This rule shall not apply in relation to an amendment which consists of —
(a) the addition, omission or substitution of a party to the action or an alteration of the capacity in which a party to the action sues or is sued; or
(b) the addition or substitution of a new cause of action; or
(c) without prejudice to rule 3, an amendment of the statement of claim, if any, indorsed on the writ.
A defendant may not amend his memorandum of appearance without the leave of the Court.
(1) A party may amend any of its pleadings, without the leave of the Court, by filing its amended pleading not later than 7 weeks before the date fixed for the start of the trial of the case.
(2) A party served with a pleading amended under subrule (1) may make any amendment needed to any of its pleadings as a consequence of the amended pleading, without the leave of the Court, by filing its amended pleading within 10 working days after the date on which it is served with the amended pleading.
(3) A party served with a pleading amended under subrule (1) or (2) may apply to the case manager for any amendment in the pleading to be struck out.
(4) A party’s application under subrule (3) must be made within 7 working days after the date on which the party is served with the amended pleading.
(5) If, on an application made under subrule (3), the case manager is satisfied that, had an application for leave to make the amendment in question been made under rule 5 at the date when the amended pleading was filed under this rule, leave to make the amendment or part of the amendment would have been refused, the manager must order the amendment or that part of it to be struck out.
(6) An order made on an application under this rule may be made on such terms as to costs as the case manager considers just.
(1) This rule is subject to —
(a) Order 18 rules 6, 7 and 8; and
(b) Order 20 rule 19(2) to (5).
(2) The Court may at any stage of the proceedings, without determining whether any relevant period of limitation has expired, allow the plaintiff to amend the plaintiff’s writ, or any party to amend that party’s pleading, on any terms as to costs or otherwise that may be just and in the manner (if any) that the Court may direct.
Rule 5 shall have effect in relation to an originating summons, and an originating motion as it has effect in relation to a writ.
(1) For the purpose of determining the real question in controversy between the parties to any proceedings, or of correcting any defect or error in any proceedings, the Court may at any stage of the proceedings on the application of any party to the proceedings order any document in the proceedings to be amended on such terms as to costs or otherwise as may be just and in such manner (if any) as it may direct.
(2) This rule shall not have effect in relation to a judgment or order.
Where the Court makes an order under this Order giving any party leave to amend a writ, pleading or other document, then, if that party does not file the document, amended in accordance with the order, before the expiration of the period specified for that purpose in the order or, if no period is so specified, of a period of 14 days after the order was made, the order shall cease to have effect, without prejudice, however, to the power of the Court to extend the period.
(1) Where the amendments authorised under any rule of this Order to be made in a writ, pleading or other document are so numerous or of such nature or length that to make written alterations of the document so as to give effect to them would make it difficult or inconvenient to read, a fresh document, amended as so authorised and showing its original contents with the amendments written in any manner that will distinguish the alterations from the original document or from any previous amendment, must be prepared, and in the case of a writ or originating summons re‑issued.
(2) Except as provided in subrule (1), and subject to any direction given under rule 5 or 7, the amendments so authorised shall be effected by writing the necessary alterations on the writ, pleading or other document in any manner that will distinguish the alterations from the original document or from any previous amendment, and in the case of a writ or originating summons, by filing a copy and the request that it be re‑sealed.
(3) A writ, pleading or other document which has been amended under this Order must be indorsed with a statement that it has been amended, specifying the date on which it was amended, the name of the judge or master by whom the order (if any) authorising the amendment was made, and the date thereof, or if no such order was made, the number of the rule of this Order in pursuance of which the amendment was made.
Clerical mistakes in judgments or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Court on motion or summons without an appeal.
An amended writ, pleading or other document that is filed under this Order must be served on each other party within one working day after it is filed unless the Court orders otherwise.
A party who has entered an appearance in an action may withdraw the appearance at any time with the leave of the Court.
(1) The plaintiff may, at any time before receipt of the defendant’s defence, or after the receipt thereof before taking any other step in the action, by notice in writing, wholly discontinue his action against all or any of the defendants or withdraw any part or parts of his alleged cause of complaint, and thereupon he shall pay such defendant’s costs of the action, or, if the action be not wholly discontinued, the costs occasioned by the matter so withdrawn.
(2) The costs referred to in subrule (1) shall be taxed, and such discontinuance or withdrawal, as the case may be, shall not be a defence to any subsequent action.
(3) Save as in this rule otherwise provided, it shall not be competent for the plaintiff to withdraw the record or discontinue the action without leave of the Court, but the Court may before, or at, or after the hearing or trial, upon such terms as to costs, and as to any other action, and otherwise, as may be just, order the action to be discontinued, or any part of the alleged cause of complaint to be struck out.
(4) The Court may, in like manner, and with the like discretion as to terms, upon the application of a defendant, order the whole or any part of his alleged grounds of defence or counterclaim to be withdrawn or struck out, but it shall not be competent to a defendant to withdraw his defence or counterclaim, or any part thereof, without such leave.
Any defendant may enter judgment for the costs of the action, if it is wholly discontinued against him, or for the costs occasioned by the matter withdrawn, if the action be not wholly discontinued, in case such respective costs are not paid within 4 days after taxation.
If any subsequent action shall be brought before payment of the costs of a discontinued action, for the same, or substantially the same, cause of action, the Court may, if it thinks fit, order a stay of such subsequent action, until such costs shall have been paid.
A party who has taken out a summons in a cause or matter may not withdraw it except by leave of the Court.
(1) Subject to subrule (2) money paid into court under an order of the Court, or certificate of a master or a registrar, shall not be paid out of court except in pursuance of an order of the Court.
(2) Unless the Court otherwise orders, a party who has paid money into court in pursuance of an order made under Order 14 —
(a) may by notice to the other party appropriate the whole or any part of the money and any additional payment, if necessary, to any particular claim made in the statement of claim or counterclaim, as the case may be, and specified in the notice; or
(b) if he makes a plea of tender, may by his pleading appropriate the whole or any part of the money as payment into court of the money alleged to have been tendered; and money appropriated in accordance with this rule shall be deemed to be money paid into court under rule 1 or money paid into court with a plea of tender, as the case may be, and this Order shall apply accordingly.
Where the estate of a deceased person who has died intestate is entitled to a fund or to a share of a fund in court, not exceeding $7 500 and it is proved to the satisfaction of the Court —
(a) that no administration to such deceased person’s estate has been taken out; and
(b) that his assets do not exceed the value of $7 500 including the amount of the fund or share to which the estate of such deceased person is entitled,
the Court may direct that such fund or share of a fund shall be paid, transferred or delivered to the person, who being the widower, widow, de facto partner of the deceased (immediately before the death), child, parent, brother or sister of the deceased would be entitled to take out administration.
The manner of payment into and out of court and the manner in which money in court shall be dealt with shall be subject to the regulations contained in Schedule 3.
In any proceedings the plaintiff or the defendant may make to the other an offer to compromise any claim in the proceedings on the terms specified in the notice of offer.
Where a party makes a claim by way of counterclaim or third party notice, this Order applies in relation to the proceeding on that claim as if —
(a) the party making the claim were the plaintiff; and
(b) the party against whom the claim is made were the defendant.
(1) An offer of compromise is made to a party under this Order by serving a notice of the offer on the party.
(2) A notice of offer is to —
(a) be in writing; and
(b) bear a statement to the effect that the offer is made under this Order.
(1) An offer may be made at any time before the time prescribed by subrule (8) in respect of the claim to which it relates.
(2) A party may make more than one offer.
(3) An offer may be expressed to be limited as to the time it is open to be accepted but the time expressed shall not be less than 28 days after it is made.
(4) An offeree shall, within 3 days after service, serve a written acknowledgment of receipt on the offeror.
(5) An offeree may accept the offer by serving notice of acceptance in writing on the offeror before —
(a) the expiration of the time specified in accordance with subrule (3) or, if no time is specified, the expiration of 28 days after the offer is made; or
(b) the time prescribed by subrule (8) in respect of the claim to which the offer relates,
whichever is sooner.
(6) An offer shall not be withdrawn during the time it is open to be accepted, unless the Court otherwise orders.
(7) An offer is open to be accepted within the period referred to in subrule (5) notwithstanding that during that period the party to whom the offer (the
first offer ) is made makes an offer (thesecond offer ) to the party who made the first offer whether or not the second offer is made in accordance with this Order.(8) The time prescribed for the purposes of subrules (1) and (5) is —
(a) where the trial is before a jury — after the judge begins to sum up to the jury; or
(b) in any other case — after the judge or master gives his decision or begins to give his reasons for decision on a judgment (except an interlocutory judgment).
(9) Where an offer is accepted under this rule, any party to the compromise may apply to the Court for such judgment or order as he may be entitled to and on the hearing of the application the Court shall give such judgment or make such order as it thinks fit.
An offer to pay a sum of money to a plaintiff shall, unless the notice of offer otherwise provides, be taken to be an offer to pay that sum within 28 days after acceptance of the offer.
(1) A party who accepts an offer may, by serving a notice of withdrawal on the offeror, withdraw the acceptance —
(a) where the offer provides for payment of a sum of money and the sum is not paid into Court within 28 days after acceptance of the offer; or
(b) where the Court gives leave so to do.
(2) On withdrawal of an acceptance all steps in the proceedings taken in consequence of the acceptance shall have such effect only as the Court may direct.
(3) On withdrawal of an acceptance or on the motion for leave to withdraw an acceptance, the Court may —
(a) give directions under subrule (2); and
(b) give directions for restoring the parties as nearly as may be to their positions at the time of the acceptance; and
(c) give directions for the further conduct of the proceedings.
An offer made in accordance with this Order shall be taken to have been made without prejudice, unless the notice of offer otherwise provides.
(1) No statement of the fact that an offer has been made shall be contained in any pleading or affidavit.
(2) Where an offer has not been accepted, then, except as provided by rule 10(8), no communication with respect to the offer shall be made to the Court at the trial until after all questions of liability and the relief to be granted have been determined.
(3) This rule shall not apply where a notice of offer provides that the offer is not made without prejudice.
(1) Where a party to an accepted offer fails to comply with the terms of the offer, then unless for special cause the Court otherwise orders, the other party —
(a) shall be entitled to an order —
(i) where the party in default is the plaintiff, that the proceedings be dismissed; and
(ii) where the party in default is the defendant, that the defence be struck out,
and in either case to judgment accordingly; or
(b) may apply to the Court for such judgment or order as he may be entitled to and on the hearing of the application the Court shall give such judgment or make such order as it thinks fit.
(2) Where a party to an accepted offer fails to comply with the terms of the offer, and another party in the proceedings has made a claim which is not the subject of the accepted offer, the Court may make such order or give such judgment under subrule (1), and make such order that the proceeding on that other party’s claim be continued, as it thinks fit.
Where 2 or more defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a debt or damages and rights of contribution or indemnity appear to exist between the defendants, rule 8 shall not apply to an offer unless —
(a) in the case of an offer made by the plaintiff — the offer is made to all defendants, and is an offer to compromise the claim against all of them;
(b) in the case of an offer made to the plaintiff —
(i) the offer is to compromise the claim against all defendants; and
(ii) where the offer is made by 2 or more defendants — by the terms of the offer the defendants who made the offer are jointly or jointly and severally liable to the plaintiff for the whole amount of the offer.
(1) Upon the acceptance of an offer of compromise in accordance with rule 3(5), the plaintiff may, unless the Court otherwise orders, tax his costs in respect of the claim against the defendant up to and including the day the offer was accepted and, if the costs are not paid within 4 days after the signing of a certificate of the taxation, enter judgment against that defendant for the taxed costs.
(2) If a notice of offer contains a term which purports to negative or limit the operation of subrule (1), that term shall be of no effect for any purpose under this Order.
(3) Subrules (4) and (5) apply to an offer which has not been accepted in the time prescribed by rule 3(5) if the Court is satisfied by the party who made the offer that the party was at all material times willing and able to comply with the terms of the offer.
(4) Where an offer is made by a plaintiff and not accepted by the defendant, and the plaintiff obtains judgment on the claim to which the offer relates no less favourable to him than the terms of the offer, then, unless the Court otherwise orders, the plaintiff shall be entitled to an order against the defendant for his costs in respect of the claim from the date on which the offer was made, in addition to his costs incurred before that date, all such costs to be taxed on a party and party basis, except as provided in subrule (5A).
[(4a) deleted] (5A) If the Court is satisfied that the failure by the defendant to accept the offer made by the plaintiff was unreasonable, the plaintiff’s costs from the date on which the offer was made are to be taxed on an indemnity basis, unless the interests of justice require otherwise.
(5) Where an offer is made by a defendant and not accepted by the plaintiff, and the plaintiff obtains judgment on the claim to which the offer relates not more favourable to him than the terms of the offer, then, unless the Court otherwise orders, the plaintiff shall be entitled to an order against the defendant for his costs in respect of the claim up to and including the day the offer was made, taxed on a party and party basis, and the defendant shall be entitled to an order against the plaintiff for his costs in respect of the claim thereafter, taxed on a party and party basis, except as provided in subrule (7A).
(6) For the purpose of subrule (5), where the offer was made on the first or a later day of the trial of the proceedings, then, unless the Court otherwise orders, the plaintiff shall be entitled to his costs in respect of the claim up to 11 a.m. on the day following the day on which the offer was made, taxed on a party and party basis, and the defendant shall be entitled to his costs in respect of the claim thereafter, taxed on a party and party basis, except as provided in subrule (7A).
(7A) If the Court is satisfied that the failure by the plaintiff to accept the offer made by the defendant was unreasonable, the defendant’s costs are to be taxed on an indemnity basis, unless the interests of justice require otherwise.
(7) Where a plaintiff obtains judgment for the payment of a debt or damages and —
(a) the amount for which judgment is given includes interest or damages in the nature of interest; or
(b) by or under any Act the Court awards the plaintiff interest or damages in the nature of interest in respect of the amount,
then, for the purpose of determining the consequences as to costs referred to in subrules (4) and (5), the Court shall disregard so much of the interest as relates to the period after the day the offer was made.
(8) For the purpose of subrule (7), the Court may be informed of the fact that the offer was made, and of the date on which it was made, but shall not be informed of its terms.
[(9) deleted]
The Court may order security for costs to be given by a plaintiff, but no order shall be made merely on account of the poverty of the plaintiff or the likely inability of the plaintiff to pay any costs which may be awarded against him.
Without limiting the generality of rule 1 the Court may order security for costs to be furnished where the plaintiff —
(a) is ordinarily resident out of the jurisdiction, notwithstanding that he may be temporarily within the jurisdiction;
(b) is about to depart from the jurisdiction;
(c) enjoys within the jurisdiction some privilege which renders him immune, wholly or partially, from the normal processes of execution;
(d) is an undischarged bankrupt or a person who has suspended, or given notice of suspension of, his debts;
(e) is a company in liquidation or under official management, or a company in respect of which a receiver of its property has been appointed;
(f) is a relator suing for the enforcement or declaration of some public right or to have some public trust carried out or some charitable scheme settled;
(g) is in default in respect of any costs ordered to be paid by him in any proceedings previously brought by him against the same defendant or another defendant for substantially the same cause of action or in relation to substantially the same subject matter;
(h) is a person who has in the past vexatiously brought litigation against the same defendant or against any other defendant;
(i) is suing the sheriff in respect of anything done or omitted to be done by the sheriff or his officers in the execution of any judgment of the Court.
The granting of security shall be in the discretion of the Court, and in determining whether an order should be made the Court shall take into consideration —
(a) the prima facie merits of the claim;
(b) what property within the jurisdiction may be available to satisfy any order for costs against the plaintiff;
(c) whether the normal processes of the Court would be available within the jurisdiction for enforcement of any order for costs made against the plaintiff.
In this Order the term
In fixing security the Court shall direct the form and manner in which the security is to be given and may from time to time vary the amount and form of the security.
Where security is ordered the action or other proceedings shall be stayed until the security is furnished, unless the Court otherwise orders.
Where money has been paid into court as security for costs and the action has been finally disposed of, the amount of the security shall be paid out to the party for whose security it was furnished to the extent
This Order is without prejudice to the provisions of any Act which empowers the Court to require security to be given for the costs of any proceedings.
For the purposes of this Order —
(a) any disc, tape, sound‑track or other device in which sounds or other means of transmitting data (not being visual images); and
(b) any film, negative, disc, tape or other device in which one or more visual images,
are embodied so as to be capable, with or without the aid of some other device, of being reproduced therefrom;
(1) If under this Order a party in a cause or matter is required to give discovery of a document —
(a) the party must discover the document even if it contains —
(i) information that is not related to a matter in question in the cause or matter; or
(ii) information that the party objects to producing,
as well as information relating to a matter in question in the cause or matter that the party may be required to produce; but
(b) if the party has possession, custody or power of the document, the party may edit the document to hide the information referred to in paragraph (a)(i) and (ii).
(2) If a party edits a document under subrule (1), the party must do the following —
(a) in Part 1B of its list of documents (Form No. 17) —
(i) list the document; and
(ii) identify the document as one that contains hidden information; and
(iii) state why the information is hidden; and
(iv) if the party objects to producing any of the hidden information, state the grounds for objecting;
and
(b) modify Form No. 17 for the purposes of complying with paragraph (a); and
(c) if an affidavit verifying the list of documents is required, modify Form No. 18 for the purposes of complying with paragraph (a).
(3) If a party edits a document under subrule (1), the party is not required —
(a) to produce the hidden information to another party; or
(b) to allow another party to inspect or copy the hidden information,
unless the Court orders otherwise.
(1) Any party may give notice in writing to any other party in a cause or matter requiring him to give discovery of all documents which are or have been in his possession, custody or power relating to any matter in question therein.
(2) Where the cause or matter has been entered for trial a notice of the kind mentioned in subrule (1) shall not be given without the leave of the Court.
(3) The statements in the Form No. 17 (list of documents) filed by a party giving discovery of documents must —
(a) be verified by an affidavit of a person listed in rule 4(4); or
(b) if the party requiring discovery, in its notice given under subrule (1), so consents, be certified as correct by a person listed in rule 4(4) or the party’s legal practitioner.
(1) A party that has been requested under rule 1 to give discovery shall, subject to any order made under rule 7, be under a continuing obligation until the conclusion of the trial to give discovery of any document relevant to any matter in question and not already discovered by that party.
(2) A party that has been ordered under rule 7 to give discovery shall, subject to the order, be under a continuing obligation until the conclusion of the trial to give discovery of any document to which the order relates and not already discovered by that party.
(3) Discovery under subrule (1) or (2) shall be given in accordance with subrules (4) and (5).
(4) A party shall give discovery to another party forthwith after the party becomes aware of a discoverable document unless the document came into existence after discovery was given under rule 1 or under an order made under rule 7 and —
(a) is a communication between 2 or more of the parties or their solicitors; or
(b) is privileged from production.
(5) At least 21 days before the trial a party shall give discovery of any document that has not already been discovered by that party, including documents referred to in subrule (4)(a) and (b).
(6) Discovery under this rule shall be given by filing and serving on the other parties a supplementary list in accordance with rule 4 showing the relevant documents together with a verifying affidavit.
If the Court is satisfied that the right to discovery or inspection of documents depends on the determination of any issue or question in the cause or matter or that for any other reason it is desirable that any issue or question in dispute should be determined before deciding such right the Court may order that the issue or question be determined first and may reserve an application under this Order for further consideration.
(1) The list of documents made in compliance with rule 1 or with an order under rule 7 must be in Form No. 17, and must enumerate the documents in a convenient order and as shortly as possible, but describing each of them or, in the case of bundles of documents of the same nature, each bundle, sufficiently to enable it to be identified, and must be filed within 10 days after the service of the requisition, or within the time directed by the order.
(2) If it is claimed that any documents are privileged from production, the claim must be made in the list of documents with a sufficient statement of the grounds of the privilege.
(3) An affidavit verifying a list of documents must be in Form No. 18.
(4) Any list of documents or affidavit verifying such list may be made —
(a) by the party;
(b) where the party is the State or an officer of the State sued or suing in his official capacity — by an officer of the State;
(c) where the party is a body corporate or a body of persons empowered by law to sue or be sued whether in its own name or in the name of any officer or other person — by a member or officer of the corporation or body,
and in the case of an order against any party to which paragraph (b) or (c) applies the order must specify the person who is to comply with the order on behalf of the party.
(1) Any defendant who has pleaded in an action shall be entitled to have a copy of any list of documents served under rule 1, 2 or 7 on the plaintiff by any other defendant to the action; and a plaintiff against whom a counterclaim is made in an action begun by writ shall be entitled to have a copy of any list of documents served under any of those rules on the party making the counterclaim by any other defendant to the counterclaim.
(2) On request made by a party entitled to a copy of a list of documents, the party required by subrule (1) to supply the same must supply it free of charge.
(3) In this rule
list of documents includes an affidavit verifying a list of documents.
(1) Subject to rule 7 the Court may at any time, on the application of any party to a cause or matter, make an order requiring any other party to make an affidavit stating whether any document specified or described in the application or any class of document specified or described is, or has at any time been, in his possession custody or power, and if not then in his possession custody or power when he parted with it and what has become of it.
(2) An order may be made against a party under this rule notwithstanding that he may already have made or been required to make a list of documents or affidavit under rule 1 or rule 7.
(3) An application under this rule must be supported by an affidavit stating the belief of the deponent that the party from whom discovery is sought under this rule has, or at some time had, in his possession, custody or power the document or class of document specified or described in the application and that it relates to one or more of the matters in question in the cause or matter.
(1) An application for an order under this rule may be made at any time by —
(a) a party whose request under rule 1 for discovery has not been satisfied; or
(b) a party who has been requested under rule 1 to give discovery, whether or not the party has complied with the request.
(2) An affidavit in support of the application is not necessary.
(3) On an application, or at any time of its own motion in any proceedings, the Court, having regard to Order 1 rule 4B, may —
(a) order any or all of the parties to give discovery at that stage or at some specified future stage of the action;
(b) as to the documents to be discovered by any party —
(i) order that discovery be given of only those specified documents or specified classes of document;
(ii) order that discovery be given of only those documents that are directly relevant to any specified matter in question or to all matters in question;
(iii) order that discovery be given of all documents relating to any specified matter in question or to all matters in question;
(c) make orders as to which parties are to be given discovery by any specified party;
(d) order that any or all of the parties not give discovery at that stage of the action, or at all;
(e) order any or all parties to make, file and serve an affidavit verifying the party’s list of documents discovered.
(4) For the purposes of this rule if a party is ordered to give discovery, the party shall, subject to the order, make and serve, a list of the documents that are or have been in the party’s possession, custody or power.
(1) A party who has served a list of documents on any other party in compliance with rule 1 or with an order under rule 7 must allow the other party to inspect the documents mentioned in the list, other than any which he objects to produce, and must when serving the list on the other party also serve on him a notice stating a time within 7 days after the service thereof at which the said documents may be inspected at the place specified in the notice.
(2) Any party to a cause or matter shall be entitled at any time to serve a notice on any other party in whose pleadings or affidavits reference is made to any document requiring him to produce that document for inspection by the party giving the notice.
(3) The party on whom a notice is served under subrule (2) must within 4 days after service of the notice serve on the party giving the notice a notice stating a time within 7 days after the service thereof at which the documents or such of them as he does not object to produce, may be inspected at the place specified in the notice, and stating which, if any, of the documents he objects to produce and the grounds of his objection.
(4) Subject to rule 9, inspection under this rule shall be made at the office of the solicitor for the party producing the documents or if the party appears in person at a place that is reasonable for the purpose or in the case of bankers’ books or other books of account or books in constant use for the purpose of any trade or business, at their usual place of custody.
(5) The party making the inspection shall be entitled to make copies of any documents produced for inspection under this rule.
(1) Documents delivered or produced under these rules are —
(a) to be —
(i) in bundles, files, folders or receptacles; and either
(ii) grouped according to topic, class, category, allegation in issue or otherwise; or
(iii) in an order or sequence,
making the documents readily accessible to and capable of convenient inspection by the party to whom they are delivered or produced; and
(b) to be so identified or indexed by number, description or otherwise as to enable particular documents to be readily retrieved on later occasions.
(2) The party producing the documents must provide facilities for inspection and copying of the documents and make available a person able to —
(a) explain the arrangement used; and
(b) assist in locating and identifying particular documents or classes of documents.
(3) An existing arrangement of documents already in use by a party —
(a) is not to be disturbed more than is necessary to achieve substantial compliance with subrule (1)(a); and
(b) if the party so requires, is not to be disturbed at all.
(1) Where a party who is required by rule 8(1) to serve the notice therein mentioned, or who is served with a notice under rule 8(3) —
(a) fails to serve the notice under rule 8(1) or as the case may be rule 8(3); or
(b) objects to produce any document for inspection; or
(c) offers inspection at a time or place which in the opinion of the Court is unreasonable for such purpose,
the Court may on the application of the party entitled to inspection make an order for production of the documents in question for inspection at such time and place, and in such manner as it thinks fit.
(2) Without prejudice to subrule (1) but subject to rule 11 the Court may on the application of any party to a cause or matter, order any other party to permit the party applying to inspect any documents in the possession, custody or power of that other party relating to any matter in question in the cause or matter.
(3) An application under subrule (2) must be supported by an affidavit specifying or describing the documents of which inspection is sought and stating the belief of the deponent that such documents are in the possession, custody or power of the other party, and relate to a matter in question in the cause or matter.
At any stage of the proceedings in any cause or matter the Court may subject to rule 11 order any party to produce to the Court any document in his possession, custody or power, relating to any matter in question in the cause or matter and the Court may deal with the document when produced in such manner as it thinks fit.
No order for production of any documents for inspection or to the Court shall be made unless the Court is of opinion that the order is necessary either for disposing fairly of the cause or matter or for saving costs.
Unless the Court otherwise orders for the purposes of inspection the reasonable costs of supplying a copy of a document in a form in which it is capable of being understood by visual means alone shall be included in the party and party costs in the proceedings.
(1) Where —
(a) on an application for production of a document for inspection or to the Court; or
(b) in any list of documents supplied on discovery,
a party claims privilege the party requiring production or discovery may traverse the claims to privilege by adducing evidence either that the claim to privilege is unfounded or mistaken, but in the absence of any evidence to that effect the claim to privilege shall be sustained.
(2) In determining any objection on the ground of privilege to the production or discovery of any document or class of document the Court may inspect the document.
Where inspection of any business books is applied for the Court may instead of ordering inspection of the original books order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations: Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.
The provisions of this Order shall be without prejudice to any rule of law which authorises or requires the withholding of any document on the ground that the disclosure of it would be injurious to the public interest.
(1) If any party who is required by any of the rules of this Order or by any order made thereunder, to give discovery of documents or to produce any documents for the purpose of inspection or any other purpose fails to comply with any provisions of that rule or with that order, as the case may be, then without prejudice, in the case of a failure to comply with any such provision, to rules 7 and 9(1) the Court may make such order as it thinks just including in particular, an order that the action be dismissed or as the case may be, an order that the defence be struck out and judgment entered accordingly.
(2) If any party fails to comply with an order for discovery or production of documents then, without prejudice to subrule (1) he shall be liable to attachment.
(3) Service of an order for discovery or production of documents on the solicitor for the party against whom the order has been made shall be sufficient service to found an application to enforce the order, but it shall be an answer to the application if the party shows that he had no notice or knowledge of the order.
(4) A solicitor on whom an order against his client for discovery or production of documents is served under subrule (3) who fails without reasonable excuse to give notice thereof to his client shall be liable to attachment.
The legal practitioner of a party giving discovery must —
(a) sign a certificate addressed to the Court that —
(i) states that the duty of discovery has been fully explained to the party; and
(ii) if the party is a corporation, identifies the individual, or individuals, to whom the duty was explained;
and
(b) file the certificate when or immediately after the party’s list of documents is served.
Any order which has been made under this Order, including an order made on appeal, may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in relation to which the original order was made.
In this Order, unless the contrary intention appears —
This Order does not affect any rule of law that authorises or requires the withholding of a document on the ground that its disclosure would be injurious to the public interest.
(1) This rule applies if a person who appears to have a cause of action against a person (the
potential party ) wants —(a) to commence proceedings against the potential party; or
(b) to take proceedings against the potential party in the course of an action to which the person is a party,
but the person, after reasonable enquiries, has not been able to ascertain a description of the potential party sufficient for the purposes of doing so.
(2) If there are reasonable grounds for believing that another person (the
non‑party ) had, has, or is likely to have had or to have, possession of information, documents or any object that may assist in ascertaining the description of the potential party, the person may apply for an order under this rule.(3) The application shall be supported by an affidavit and a copy of both shall be served on the non‑party.
(4) On the application the Court may order the non‑party, and if the non‑party is a body corporate, a person having the management of the body to do either or both of the following:
(a) to give discovery to the applicant of all documents that are or have been in the non‑party’s possession relating to the description of the potential party;
(b) to personally attend the Court to be examined in relation to the description of the potential party.
(5) If the Court orders a person to personally attend the Court, it may order the person to produce to the Court any document or object in the non‑party’s possession that relates to the description of the potential party.
(6) The Court may direct that the examination of the person be by a registrar.
(7) A person required to personally attend the Court shall be entitled to the like conduct money and payment for expenses and loss of time as on an attendance at a trial in Court.
(1) This rule applies if a person who may have a cause of action against a person whose description has been ascertained (the
potential party ) wants —(a) to commence proceedings against the potential party; or
(b) to take proceedings against the potential party in the course of an action to which the person is a party,
but the person, after reasonable enquiries, has not been able to obtain sufficient information to enable a decision to be made as to whether to commence or take the proceedings.
(2) If there are reasonable grounds for believing that the potential party had, has, or is likely to have had or to have, possession of documents that may assist in making the decision, the person may apply for an order under this rule.
(3) The application shall be supported by an affidavit and a copy of both shall be served on the potential party.
(4) On the application the Court may order the potential party to give discovery of all documents that are or have been in the potential party’s possession and that may assist the applicant in making the decision.
(1) If there are reasonable grounds for believing that a person who is not party to an action (the
non‑party ) had, has, or is likely to have had or to have, possession of documents that relate to any matter in question in the action, a party to the action may apply for an order under this rule.(2) The application shall be supported by an affidavit and a copy of both shall be served on the non‑party and the other parties to the action.
(3) On the application the Court may order the non‑party to give discovery of all documents that are or have been in the non‑party’s possession and that relate to any matter in question in the action.
(1) A court making an order for discovery under this Order may exercise any of the powers in Order 26 rule 7(3).
(2) Order 26 applies in relation to any discovery that under this Order is ordered to be given as if it had been ordered under Order 26 rule 7.
(1) An order made under this Order may be made on the condition that the applicant give security for the costs and expenses of the person against whom the order is made, both in respect of the application and of complying with the order and with this Order.
(2) On an application under this Order the Court may make orders as to the costs and expenses —
(a) of any person in respect of the application; and
(b) of a person against whom an order is made in respect of complying with the order and with this Order.
(1) This rule applies to these legal practitioners —
(a) the legal practitioner (if any) who drafts the list of documents, or the affidavit verifying the list, for a non‑party who has been ordered under rule 3 or 5 to give discovery;
(b) the legal practitioner (if any) who drafts the list of documents, or the affidavit verifying the list, for a potential party who has been ordered under rule 4 to give discovery.
(2) This rule does not limit the operation of rule 6(2).
(3) A legal practitioner to whom this rule applies must —
(a) sign a certificate addressed to the Court that —
(i) states that the duty of discovery has been fully explained to the non‑party or potential party (as the case requires); and
(ii) if that party is a corporation, identifies the individual, or individuals, to whom the duty was explained;
and
(b) file the certificate when or immediately after the list of documents is served.
(1) Subject to this rule any party may with the leave of the Court serve notice on any other party requiring him to answer specified interrogatories relating to any matter in question between the party interrogating and the party served.
(2) If the party interrogating so elects in the notice the answers may take the form of a statement signed by the person answering, but otherwise the answers to the interrogatories shall be by a statement verified by affidavit.
[(3) deleted] (4) A party or person who wilfully makes a false statement in answer to an interrogatory shall be guilty of contempt of court and shall be punishable accordingly.
A party required under rule 1 to answer interrogatories shall answer the interrogatories by filing within 14 days of the day on which the interrogatories were served the statement referred to in rule 1(2) and the verifying affidavit, if required, and serving on the interrogating party within the same time a copy of the document, or, as the case may be of each such document filed.
Interrogatories served on 2 or more parties or which are required to be answered by an agent or servant of a party shall have a note at the end thereof stating which of such interrogatories each of such persons is required to answer.
The statement in answer to interrogatories required by or under this Order must deal with each interrogatory specifically, by answering its substance without evasion, or objecting to answer on one or more of the grounds specified in rule 5 and stating briefly the facts on which the objection is taken.
(1) A party may object in his statement in answer to interrogatories to answer any interrogatory on one or more of the following grounds —
(a) that it is scandalous or irrelevant, not bona fide for the purpose of the proceeding, unreasonable, prolix, oppressive or unnecessary;
(b) that the matters inquired into are not sufficiently material at that stage;
(c) privilege;
(d) any other ground on which objection may be taken.
(2) Where on an application under rule 7 the Court decides that an objection by the party interrogated to answering an interrogatory is not sufficient or the party interrogated does not object to answering an interrogatory, that party shall not be entitled to object to answer that interrogatory in a statement in answer to interrogatories.
(1) A statement or an affidavit verifying a statement in answer to interrogatories may be made as follows —
(a) by the party;
(b) where the party is the State or an officer of the State sued or suing in his official capacity — by an officer of the State;
(c) where the party is a body corporate or a body of persons empowered by law to sue or be sued whether in its own name or in the name of any officer or other person — by a member or officer of the corporation or body.
(2) In the case of an order against any party to which subrule (1)(b) or (c) applies the order shall specify the person who is to comply with the order on behalf of the party.
(3) Subject to subrule (2) a party to which subrule (1)(b) or (c) applies shall in relation to each interrogatory choose a person to make the statement (and verifying affidavit, if required) who is qualified under subrule (1)(b) or (c), as the case may be, and has knowledge of the facts.
If any person on whom interrogatories have been served fails, within the prescribed time or within such other time as the Court may allow, to answer the interrogatories or answers any of them insufficiently, the Court may make an order requiring him to answer or answer further as the case may be, by a statement verified by affidavit or may order him or any of the persons mentioned in rule 6(1)(b) or (c) as the case may require to attend for oral examination.
(1) If any party against whom an order is made under rule 7 fails to comply with it, the Court may make such order as it thinks just including in particular an order that the action be stayed or dismissed, or as the case may be, an order that the defence be struck out and that judgment be entered accordingly.
(2) Any party who fails to comply with an order made against him under rule 7 shall, without prejudice to subrule (1), be liable to attachment.
(3) Service of an order to answer interrogatories or to make a further answer, on the solicitor for the party against whom the order has been made shall be sufficient service to found the application to enforce the order, but it shall be an answer to the application if the party shows that he had no notice or knowledge of the order.
(4) A solicitor on whom an order to answer interrogatories or make further answer is served and who fails without reasonable excuse to give notice thereof to his client shall be liable to attachment.
At the trial of a cause or matter or of any issue therein, a party may tender as evidence some only of the answers to interrogatories, or part only of such an answer without tendering the others or the whole of such answer: provided that the Court may look at the whole of the answers and if of opinion that any other answer or any other part of an answer is so connected with an answer or part of an answer which has been tendered, that the matter tendered ought not to be used without that other answer or part, the Court may reject the matter tendered unless the other answer or part is also tendered.
Any order which has been made under this Order including an order made on appeal, may on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in relation to which the original order was made.
(1) Where it becomes material in any cause or matter before the Court to consider the question of the physical or mental condition of any party, any opposing party may serve on such first‑mentioned party a notice to submit himself for examination at a specified time and place by a medical practitioner provided and paid by the party requiring the examination. At any such examination a medical adviser chosen by the party to be examined shall be entitled to be present if the party so desires.
(2A) Where the party objects to complying with the notice, or in default of agreement as to the time and place of the examination, or if any matter shall arise in relation to such examination, either party may apply to the Court for an order as to whether or not the objecting party shall submit himself for examination, or as to when and where such examination may be made, or as to any other matters to facilitate the examination.
(2B) If the Court is of opinion that either party has been unreasonable in the matter it may order that party to pay the costs of the application and any other costs unnecessarily incurred in consequence.
(2) A reasonable sum to cover the travelling and other expenses of the party to be examined of and incidental to the examination, including the expenses of having the medical adviser chosen by him attend the examination, shall on demand be paid to the party to be examined by the party requiring the examination.
(3) If any party fails to submit himself for examination as required by this rule, or in any way obstructs the examination, the Court may order that the proceedings be stayed, either wholly or in part, until the examination has taken place, or that any pleading be struck out.
(4) The examining medical practitioner shall make a written report of his examination to the party who required the examination and that party shall serve on the party who has been examined a full and true copy of such report.
(5) If default be made for one week in serving the copy mentioned in subrule (4) or if the party examined alleges that the report is insufficient or incomplete, such party may obtain an order for service of the report or of a further and better report and the Court may direct that if the order be not complied with within a time to be therein specified the claim or defence be struck out or the proceedings be stayed. Unless otherwise directed the costs of obtaining such order shall be borne by the party in default.
(6) In this rule the expression
party includes a person for whose benefit an action is brought pursuant to theFatal Accidents Act 1959 .
(1) Where one party alleges that another party to any cause or matter has in his possession or control some physical object, not in the nature of a document, the inspection of which is material for the proper presentation of his case such first‑mentioned party may by notice in writing require the other to permit inspection by the party requiring it with, or without, his solicitor or expert adviser.
(2) The party required to permit inspection shall nominate a time and place for inspection. In default of agreement as to the time and place, or if any matter shall arise in relation to such inspection, either party may apply to the Court for an order specifying how and when and where such inspection may be made.
(3) If the Court is of opinion that either party has been unreasonable in relation to the matter it may order that party to pay the costs of the application, and any other costs unnecessarily incurred in consequence.
Without prejudice to Order 20 rule 14 any party to a cause or matter may give notice by his pleading or otherwise in writing that he admits the truth of the whole or any part of the case of any other party.
(1) A party to a cause or matter may by notice in writing at any time not later than 7 days before the day for which notice of trial has been given or which has otherwise been appointed for trial serve on any other party a notice requiring him to admit, for the purpose of that cause or matter only, a fact or facts specified in the notice.
(2) Any admission made in pursuance of a notice to admit facts shall not be used against the party by whom it was made in any cause or matter other than the cause or matter for the purpose of which it was made, or in favour of any person other than the person by whom the notice was given.
(3) The Court may at any time allow a party to amend or withdraw an admission made under this rule on such terms as may be just.
(1) Where admissions of fact have been made on the pleadings or otherwise, any party may at any stage of a cause or matter apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties, and the Court may on such application make such order or give such judgment as the Court thinks just.
(2) An application under this rule may be made on motion or by summons.
(1) A party on whom a list of documents is served in pursuance of any provision of Order 26 (which relates to the discovery and inspection of documents) shall unless the Court otherwise orders, and without prejudice to his right to object to the admission in evidence of any document, be deemed to admit —
(a) that a document if described in the list as an original document, is an original document and was printed, written, signed or executed as it purports to have been; or
(b) that a document if described in the list as a copy, is a true copy.
(2) Subrule (1) does not apply —
(a) to a document the authenticity of which has been denied by a party in his pleading; or
(b) to a document concerning which a party within 14 days after the time limited under Order 26 for inspection serves on the party giving inspection, a notice that he disputes the authenticity of that document.
(3) Where a party serves on any other party a list of documents in pursuance of Order 26 the party serving the list shall be deemed to have been served on the date of service of the list, with a notice requiring production by him at the trial of the cause or matter, of such of the documents specified in the list as are in his possession, custody or power.
(4) Subrules (1), (2) and (3) apply in relation to an affidavit made in compliance with an order under Order 26 rule 6, as they apply to a list of documents served under that Order.
(1) A party to any proceedings may serve on any other party a notice requiring him to admit for the purpose of those proceedings only, the authenticity of the documents specified in the notice, and the notice must specify a reasonable time and place for inspection.
(2) If, in relation to any document specified in the notice, the party on whom a notice under subrule (1) is served does not within 7 days after the time limited for inspection serve on the party giving the notice, a notice disputing the authenticity of the document, its authenticity shall, unless the Court otherwise orders, be deemed to be admitted by the party on whom the notice under subrule (1) is served.
(3) Except where rule 4(3) applies, a party to any proceedings may serve on any other party a notice requiring him to produce at the trial or hearing the documents specified in the notice.
(1) The parties to any cause or matter may concur in stating the questions of law arising therein in the form of a special case for the opinion of the Court or of the Court of Appeal.
(2) The special case shall be divided into paragraphs numbered consecutively and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised by the special case.
(3) Upon the argument of the case the Court and the parties may refer to the whole contents of the documents stated.
(1) If it appears to the Court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court may deem expedient.
(2) All such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.
(1) Every special case shall be prepared by the plaintiff or the party having the carriage of the proceedings and shall be signed by the several parties or their counsel or solicitors, and shall be filed by the plaintiff or the party having carriage of the proceedings.
(2) At least 14 days before the day appointed for argument the plaintiff or the party having the carriage of the proceedings shall file copies of the special case for the use of the judge or judges hearing the argument, and in default thereof the other party may on the day following, file those copies.
(1) A special case in any cause or matter to which a person under disability is a party shall not be set down for argument without the leave of the Court.
(2) An application for leave under subrule (1) shall be supported by sufficient evidence that the statements contained in the special case, so far as they affect the interest of the party under disability, are true.
(1) Either party may enter a special case for argument before the Court, by filing a memorandum of entry, and if a person under disability is a party, by producing a sealed copy of the order giving leave to enter the same for argument.
(2) On the day on which a special case is entered for argument the party entering it shall serve notice of the entry on all other parties.
(1) The parties to a special case may, if they think fit, enter into an agreement in writing that, on the judgment of the Court being given in the affirmative or negative of the question or questions of law raised by the special case, a sum of money, fixed by the parties, or to be ascertained by the Court or in such manner as the Court may direct, shall be paid by a party to another party, either with or without costs of the cause or matter.
(2) The judgment of the Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.
A judge may order that a special case which has been set down for hearing before the Court shall be argued before the Court of Appeal.
(1) This rule applies to cases not stated in the Court and to cases stated by any tribunal which is empowered or may be required to state a case on a question of law for determination by or the opinion of the Court.
(1a) This rule does not apply to a case stated by a tribunal which is empowered or may be required to state a case on a question of law for determination by or the opinion of the Court of Appeal.
(2) Every case to which this rule applies shall be entered for argument before the Court, and any party may file the memorandum of entry, and the party making the entry shall on the same day serve on all other parties a copy of the case and notice of the entry.
(3) Rule 1(3), rule 3(2) and rule 7 shall apply to cases under this rule as they apply to special cases stated in the Court.
(4) On the hearing of the case, the Court may order it to be sent back to the tribunal for amendment with such directions (if any) as the Court thinks fit.
(5) The proper officer shall notify the tribunal of the decision of the Court on the case, and of any directions given by that Court thereon.
(6) In this rule
tribunal includes any authority or person which or who is empowered or may be required to state a case for determination by or the opinion of the Court.
Where the plaintiff proposes that the action be tried elsewhere than in Perth, he shall name in his writ the circuit town at which he proposes that it shall be tried and the action shall, unless the Court otherwise orders, be tried at sittings of the Court at that town.
The application for an order for the trial by a jury of any cause or matter, or of any issue of fact, shall be made not later than 7 days after the cause, matter, or issue has been entered for trial.
In every cause or matter, unless an order for trial with a jury has been made, the mode of trial shall be by a judge without a jury, but in any such case the Court may at any time order that any cause, matter, or question or issue of fact shall be tried by a judge with a jury, or by a judge sitting with assessors, or by a referee with or without assessors.
The Court may order that any question or issue arising in a cause or matter whether of law or fact or partly of law and partly of fact, and whether raised by the pleadings or by agreement of the parties or otherwise be tried separately from any other question or issue whether before at or after the trial or further trial of the proceedings, and may direct that a case and the question or issue for decision be stated.
In any cause or matter the Court may at any time, or from time to time, order that different questions or issues arising therein be tried at different places or by different modes of trial, and that one or more questions or issues be tried before the others.
A trial of a question or issue of fact with a jury shall be by a single judge.
Where the decision of a question or issue under this Order —
(a) substantially disposes of the cause or matter; or
(b) renders unnecessary the trial or further trial of the cause or matter,
the Court may dismiss the cause or matter or give such judgment or make such other order as the nature of the case requires.
If an order for trial by jury is made, Part 13 of the
A party cannot enter a cause, matter or issue for trial unless —
(a) the party is satisfied —
(i) that all of the interlocutory steps in relation to the cause, matter or issue are complete; and
(ii) that the cause, matter or issue is ready for entry;
or
(b) the party is directed by the Court to do so.
(1) In this rule —
(a) at the time specified in the direction as the time by which the cause, matter or issue must be entered for trial; or
(b) if a time by which the cause, matter or issue must be entered is not specified in the direction, 4 weeks after the day on which the direction is given.
(1A) A party may enter a cause, matter or issue for trial if another party has been directed under rule 1(b) to enter the cause, matter or issue for trial and has not done so before the end of the entry period.
(1B) A party may apply to the Court for an order dismissing, for want of prosecution, a cause or matter in respect of a plaintiff’s claim or an issue raised by a plaintiff against the party, if the plaintiff has been directed under rule 1(b) to enter the cause, matter or issue for trial and has not done so before the end of the entry period.
(2) On an application under subrule (1B) to dismiss the cause or matter for want of prosecution, the Court may make such order as may be just either dismissing the claim or striking out the issue or permitting it to go to trial with or without the imposition of terms.
[(3) deleted]
(1) A party who has entered a cause, matter or issue for trial shall on the day of entry give notice thereof in writing to every party on the record who is entitled to be heard generally or on any issue.
[(2) deleted]
(1) The entry for trial and notice of trial shall state whether it is for the trial of the cause or matter or of an issue therein and shall state the place of trial.
(2) Entry for trial and notice of trial shall be in such form and contain such information as the Chief Justice shall direct from time to time.
(1A) This rule applies unless otherwise directed by the Court.
(1) The party making an entry for trial shall file as a bundle each of the following documents —
(a) the pleadings and any affidavits ordered to stand as pleadings; and
(b) any request or order for particulars and the particulars given; and
(c) any order for directions made under Order 19 rule 4; and
(d) where an issue in an action is being entered, any order relating to the trial of that issue.
(2) Where the pleadings are amended after entry for trial but before the trial, the party who made the entry shall forthwith after the filing of the amended pleading, or of any further pleading filed in consequence of the first amendment, file a further copy of the whole of the pleadings as amended.
(3) Where the pleadings are amended at trial a party must file a further copy of the whole of the pleadings as amended.
(4) All copies of pleadings required by this rule to be filed must be clear copies of the pleadings as amended, with a suitable notation of the date or dates of any amendments.
(5) The party filing copies of pleadings (including copies of the pleadings as amended) shall on the day of filing or on the next following day serve a copy thereof on each of the other parties on the record.
(6) The costs of preparation, filing and serving of further copies of pleadings shall be in the discretion of the judge at trial and shall not be allowed without a certificate of the judge.
(1) Unless the Court orders otherwise, each party who is directed to provide an outline must file and serve it on each other party —
(a) if the outline is on paper, at least 4 clear days before the trial; or
(b) if the outline is in a digital form, at least 2 clear days before the trial.
(2) A party’s outline must contain —
(a) a summary of the submissions the party intends to make at the trial; and
(b) if the party considers it would be useful at the trial, a chronology of relevant events; and
(c) a list of the cases and legislation referred to in the submissions.
If, when the trial of an action is called on, neither the plaintiff nor the defendant appears, the action may be struck out of the list, without prejudice, however, to the restoration thereof, on the direction of a judge.
If, when a trial is called on, one party does not appear the judge may proceed with the trial of the action or of any counterclaim in the absence of that party.
Any judgment, order, or verdict obtained where one party does not appear at the trial may be set aside by the Court upon such terms as the Court thinks just upon application made within 14 days after the trial.
The judge may if he thinks it expedient in the interest of justice, adjourn a trial for such time, and to such place, and upon such terms, if any, as he thinks fit.
(1) The Court (whether the trial is with or without a jury) may give directions as to the party who is to begin and the order of addresses at the trial, and subject to any such directions, the party to begin and the order of addresses shall be as provided by the following subrules.
(2) Except in cases where the burden of proof of all issues rests with the defendant, the plaintiff shall open his case and adduce evidence.
(3) If at the conclusion of the evidence for the party who begins, the opposite party elects to adduce no evidence, the party who begins may make an address closing his case, and the opposite party may make an address stating his case.
(4) If at the conclusion of the evidence for the party who begins, the opposite party elects to adduce evidence, he may open his case, and after adducing his evidence, he may make a second address closing his case, and the party who begins may then make an address closing his case.
(5) At the conclusion of all the evidence at a trial, the Court may direct the parties to file written submissions instead of or as adjuncts to their closing addresses.
(1) A judge may at any time by direction —
(a) limit the time to be taken in examining, cross‑examining or re‑examining a witness;
(b) limit the number of witnesses (including expert witnesses) that a party may call on a particular issue;
(c) limit the time to be taken in making any oral submission;
(d) limit the time to be taken by a party in presenting its case;
(e) limit the time to be taken by the trial;
(f) amend any such limitation.
(2) In deciding whether to make any such direction, a judge shall have regard to these matters in addition to any other matters that may be relevant —
(a) the time limited for a trial must be reasonable; and
(b) any such direction must not detract from the principle that each party is entitled to a fair trial; and
(c) any such direction must not detract from the principle that each party must be given a reasonable opportunity to lead evidence and cross‑examine witnesses; and
(d) the complexity or simplicity of the case; and
(e) the number of witnesses to be called by the parties; and
(f) the volume and character of the evidence to be led; and
(g) the state of the Court lists; and
(h) the time expected to be taken for the trial; and
(i) the importance of the issues and the case as a whole.
In actions for defamation in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the defamation was published, or as to the character of the plaintiff, without the leave of the judge, unless 7 days at least before the trial he files and serves on the plaintiff particulars of the matters as to which he intends to give evidence.
(1) The judge before whom any cause or matter is heard or tried may inspect any property, place or thing concerning which a question arises in the cause or matter.
(2) Where a cause or matter is tried with a jury, and the judge inspects any property, place or thing under subrule (1), he may authorise the jury to inspect it also.
The judge may, at or after trial, direct that judgment be entered as he shall think right, or he may adjourn the case for further consideration, or leave any party to move for judgment. No judgment shall be entered after trial without the order of a Court or judge.
The associate or other officer present at any hearing or trial shall maintain and complete a record of proceedings at the trial in a form providing for such particulars as the Chief Justice may from time to time direct.
(1) The judge may, if he considers the time occupied at a hearing or trial has been excessive, certify what time should have been so occupied, and that certificate shall be final.
(2) The certificate of a judge under subrule (1) shall be communicated to the taxing officer by the associate or other officer as the case may be.
Upon every hearing or trial the associate or other officer shall enter all such findings of fact as the judge may direct to be entered, and the directions, if any, of the judge as to judgment, and the certificates, if any, granted by the judge, in a book to be kept for the purpose.
(1) If the judge shall direct that any judgment be entered for any party absolutely, the certificate of the associate or other officer to that effect shall be a sufficient authority to the proper officer to enter judgment accordingly. The certificate shall be in such form and contain such information as the senior master may direct.
(2) If the judge directs that a judgment be entered for a party subject to leave to move, judgment shall be entered accordingly upon the filing of the certificate of the associate or other officer.
(1) The associate shall take charge of and mark every document or object put in as an exhibit during the trial of an action, and shall make a list of the exhibits which shall form part of the record.
(2) A bundle of documents put in evidence may be treated and marked as one exhibit.
(1) This rule does not apply to or in respect of any record or thing that forms part of the Court’s record.
(2) After judgment in an action is given, a registrar must, unless the Court has ordered otherwise —
(a) by a written notice, require the party who tendered any record or thing that was admitted in evidence by the Court to collect it from the court; and
(b) by a written notice, require any person who, under a subpoena, produced any record or thing to the Court that was not admitted in evidence, to collect it from the court.
(3) A registrar must not act under subrule (2) until —
(a) the time for commencing an appeal against the judgment expires; and
(b) any appeal commenced before that time expires is decided, dismissed or discontinued.
(4) Despite subrule (3), a registrar —
(a) may dispose of a record or thing that the registrar considers is dangerous to retain or return to a person; or
(b) may release a record or thing to a person who is entitled to custody of it if the registrar considers that —
(i) it is dangerous, impracticable or inconvenient to retain the record or thing under this rule; or
(ii) it is necessary for that person to have use of the record or thing.
(5) If under subrule (4)(b) a registrar releases a record or thing to a person, the registrar may require the person, as a condition of being given it, to file a written undertaking as to the care, maintenance and custody of it and its re‑delivery to the Court.
(6) If a record or thing remains in the possession of the Court after reasonable steps have been taken to identify a person who is entitled to possession of it and to require the person to collect it from the court, a judge may order a registrar to destroy it or dispose of it in some other way.
(1) A party to an action who subpoenas a document or object, belonging to a person not a party to the action, which was —
(a) marked for identification but not tendered; or
(b) neither marked nor tendered,
in the action must, at the completion of the hearing of the action, uplift the document or object forthwith and return it to the person named in the subpoena.
(1) Where a party dies after the verdict or finding of the issues of fact and before judgment is given, judgment may be given and entered notwithstanding the death of that party.
(2) Subrule (1) does not affect the power of the Court to make orders under Order 18 rule 7(2).
Impounded documents while in the custody of the Court are not to be parted with and are not to be inspected, except on the order of a judge or in case of documents impounded on the order of the Court of Appeal by an order of that Court. Such documents shall not be delivered out of the custody of the Court except upon an order made on motion in open court.
(1) This rule applies where the Court orders that the amount of damages for which judgment is to be entered shall be assessed by a master.
(2) The attendance of witnesses and the production of documents before the master may be compelled by subpoena.
(3) The master may adjourn the inquiry from time to time.
(4) The master shall certify by indorsement upon the order by which the question is referred to him, the amount of damages found by him and shall deliver the order with such indorsement to the person entitled to the damages.
(5) Such and the like proceedings may thereupon be had as to entering judgment, taxation of costs, and otherwise, as upon the finding of a jury upon an issue.
[(6) deleted]
(1) Where damages are to be assessed in respect of —
(a) any continuing cause of action;
(b) repeated breaches of recurring obligations;
(c) intermittent breaches of a continuing obligation,
the damages shall be assessed down to the time of assessment, including damages for breaches occurring after the proceedings were begun.
(2) Subrule (1) applies to the assessment of damages under this Order or otherwise.
No writ of inquiry as to damages shall be issued in any cause or matter.
Trials with assessors shall take place in such manner and upon such terms as the Court shall direct.
Where any cause or matter, or any question or issue of fact in any cause or matter, is referred to a referee for trial, he may, subject to the order of the Court, hold the trial at or adjourn it to any place which he may deem most convenient, and have any inspection or view, either by himself or with his assessors (if any), which he may deem expedient for the better disposal of the controversy before him. He shall, unless otherwise directed by the Court, proceed with the trial from day to day, in a similar manner as in actions tried with a jury.
Subject to any order by the Court ordering the same, evidence shall be taken at any trial before a referee, and the attendance of witnesses may be enforced by subpoena, and every such trial shall be conducted in the same manner as nearly as circumstances will admit, as trials are conducted before a judge.
Subject to any such order as is mentioned in rule 3, the referee shall have the same authority with respect to discovery and production of documents, and in the conduct of any reference or trial, and the same power to direct that judgment be entered for any or either party, as a judge of the Court.
Nothing in these rules contained shall authorise any referee to commit any person to prison or to enforce any order by attachment or otherwise.
The referee may, before the conclusion of any trial before him, or by his report under the reference made to him, submit any question arising therein for the decision of the Court, or state any facts specially, with power to the Court to draw inferences therefrom, and in any such case the order to be made on such submission or statement shall be entered as the Court may direct; and the Court shall have power to require any explanation or reasons from the referee, and to remit the cause or matter, or any part thereof, for re‑trial or further consideration to the same or any other referee; or the Court may decide the question referred to any referee on the evidence taken before him, either with or without additional evidence as the Court may direct.
Whenever a report is made by a referee he shall cause notice thereof to be served forthwith on all parties to the trial or reference.
Where the report of the referee has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice of motion or summons, to apply to the Court to adopt the report, or without leave of the Court to give not less than 4 days’ notice of motion, to come on with the further consideration, to vary the report or to remit the cause or matter or any part thereof for re‑hearing or further consideration to the same or any other referee.
Where the report of the referee has been made in a cause or matter, the further consideration of which has not been adjourned, any party may, by an 8 days’ notice of motion, apply to the Court to adopt and carry into effect the report of the referee, or to vary the report, or to remit the cause or matter or any part thereof for re‑hearing or further consideration to the same or any other referee.
Where the whole of any cause or matter is referred to a referee under an order of the Court, he may, subject to any directions in the order, exercise the same discretion as to costs as the Court could have exercised.
(1) Subject to this rule, rules 2 to 10 apply where a cause or matter or a question or issue of fact therein is referred to a master, a registrar, or to a special referee or arbitrator.
(2) Rule 9 does not apply in relation to a reference to a master.
(3) The provisions of rule 2 as to sitting from day to day do not apply where the reference is to a master or to a registrar.
Subject to these rules and to the provisions of the
(1) The Court may, before or at the trial or hearing of an action, order that all or any of the evidence therein shall be given by affidavit if the Court thinks that in the circumstances of the case it is reasonable so to order.
(2) An order under subrule (1) may be made on such conditions as the Court may think reasonable and in particular may give directions as to the filing and serving of the affidavits and the production of the deponents for cross‑examination, but subject to such directions and any subsequent order of the Court, the deponents shall not be subject to cross‑examination.
(3) Subject to these rules, evidence may be given by affidavit upon any originating summons, originating motion or petition, and on any application made by motion or summons, but the Court may order the attendance for cross‑examination of the person making any such affidavit, and if such person fails to attend his affidavit shall not be used in evidence without the leave of the Court.
(1) This rule applies to applications pursuant to section 106S of the
Evidence Act 1906 .(2) Except with leave of the Court any application for an order or direction pursuant to section 106S of the
Evidence Act 1906 shall be made by summons returnable in chambers at least 14 days before trial.(3) The summons shall set out the order or the direction sought and shall be supported by an affidavit deposing to the grounds upon which the order or directions are sought.
Unless before or at the trial the Court otherwise orders, no plan, photograph or model shall be receivable in evidence at the trial of an action unless at least 10 days before the trial the parties, other than the party who intends to produce it, are given the opportunity to inspect it and to agree to its admission without further proof.
An order under rules 2 and 4, including an order made on appeal, may on sufficient cause being shown be revoked or varied by a subsequent order of the Court made before or at the trial.
Rules 1 to 5 apply to trials of issues or questions of fact or law, and assessments of damages as they apply to the trial of actions.
(1) A deposition taken in any cause or matter shall not be received in evidence at the trial or hearing of the cause or matter unless the deposition was taken pursuant to an order under Order 38 rule 1, and —
(a) the party against whom the deposition is tendered consents; or
(b) the deponent is dead or beyond the jurisdiction of the Court or is unable through sickness or other infirmity to attend the trial.
(2) Where a party intends to use a deposition in evidence at the trial of a cause or matter, he must notify the other party of his intention a reasonable time before the trial begins.
(3) A deposition purporting to be certified under the hand of the person before whom it was taken shall be receivable in evidence without proof that the signature is the signature of that person.
(1) Copies of writs, records, pleadings and documents filed in the Court shall be admissible in evidence in any cause or matter, and between all persons and parties to the same extent as the original would be admissible.
(2) Subject to the provisions of any Act every document purporting to be sealed with a seal of the Central Office shall be received in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in or issued out of the Court, shall be deemed to be a true copy of that document without further proof unless the contrary is shown.
All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings in the same cause or matter.
An order to read evidence taken in another cause or matter shall not be necessary, but such evidence may, saving all just exceptions, be read on
The Court may in any cause or matter at any stage of the proceedings order the attendance of any person for the purpose of producing any writings or other documents named in the order which the Court may think fit to be produced: provided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the hearing or trial.
When computing interest for the purposes of section 32 of the Act, subject to any evidence adduced, the Court may use, as a guide, the rate of interest prescribed from time to time for the purposes of section 8 of the
(1) A party may not adduce expert evidence at a trial of a cause or matter unless —
(a) the case manager for the case has directed that the party may do so; and
(b) the party has complied with all directions given in relation to that expert evidence.
(2) A party who is required to disclose expert evidence by a time set out in a direction may not, after that time, object to the disclosure on the ground of privilege as defined in the
Evidence Act 1906 section 32A.
(1) In this Order, unless the contrary intention appears —
(a) to attend to give evidence; or
(b) to produce the subpoena or a copy of it and a document or thing; or
(c) to do both of those things.
(2) To the extent that a subpoena requires the addressee to attend to give oral evidence, it is called a
subpoena to attend to give evidence .(3) To the extent that a subpoena requires the addressee to produce the subpoena or a copy of it and a document or thing, it is called a
subpoena to produce .(4) If a subpoena is to be served under the
Service and Execution of Process Act 1992 of the Commonwealth, this Order is subject to that Act and, with any necessary changes, applies to and in respect of the subpoena.(5) Unless the Court orders otherwise, this Order is subject to Order 34 rule 15A.
(1) The Court may, in any proceeding, by subpoena order the addressee —
(a) to attend to give evidence as directed by the subpoena; or
(b) to produce the subpoena or a copy of it and any document or thing as directed by the subpoena; or
(c) to do both of those things.
(2) An issuing officer must not issue either a subpoena to attend to give evidence or a subpoena to produce —
(a) if a written law or a law of another Australian jurisdiction prohibits its issue; or
(b) if a written law or a law of another Australian jurisdiction prohibits its issue except with the Court’s leave and the Court has not given that leave; or
(c) if the Court has ordered that the subpoena not be issued; or
(d) if the Court has ordered that the subpoena not be issued without the Court’s leave and the Court has not given that leave.
(2A) An issuing officer must not issue a subpoena to attend to give evidence unless —
(a) the oral evidence of the addressee is required at one of the following —
(i) a trial of substantive issues in a proceeding;
(ii) an assessment of damages under Order 34 rule 18;
(iii) a trial ordered under Order 35 to be before a referee or other person;
(iv) an examination ordered under Order 38 to be before an examiner;
(v) any other proceeding at which, under an express provision of a written law, the attendance of a person may be enforced by a subpoena;
and
(b) a date has been set for the trial, assessment, examination or proceeding.
(2B) An issuing officer must not issue a subpoena to produce —
(a) if it would require the production of a document or thing in the custody of the Court or another court; or
(b) in a proceeding in which a defence is required to be filed, unless —
(i) the defence has been filed; or
(ii) the Court has given leave for the subpoena to be issued; or
(iii) the subpoena is being issued under Order 73 rule 20(2);
or
(c) in a proceeding in which a defence is not required to be filed, unless —
(i) the date and time for production is the date and time of a trial; or
(ii) the Court has given leave for the subpoena to be issued.
(2C) A party may apply for leave under subrule (2B)(b) or (c) without notice to any other party.
(2D) The Court must not give leave under subrule (2B)(b) or (c) unless satisfied there are exceptional circumstances.
(2E) If the Court gives leave to issue a subpoena to produce, it must set the date and time for production to be specified in the subpoena which must be —
(a) the date and time of the trial in the proceeding at which production is required; or
(b) an earlier date and time.
(3) The issuing officer must seal with the seal of the Court, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.
(3A) If the issuing officer issued the subpoena by means of the ECMS —
(a) the issuing party may print from the ECMS 1 or more copies of the subpoena; and
(b) a printed copy may be treated as a copy of the subpoena authenticated in accordance with subrule (3).
(4) A subpoena is taken to have been issued on its being sealed or otherwise authenticated in accordance with subrule (3).
Before in chambers.
On hearing [the solicitors on both sides] and on reading the affidavit of filed herein the day of 20 ,
It is ordered that E.F. of a witness on behalf of the be examined
And it is further ordered that the depositions taken at the examination be filed, and that copies thereof may be read and given in evidence on the trial of this cause, saving all just exceptions, without any further proof of the absence of the said witness than the affidavit of the solicitor of the party using the same, as to his belief, and that the costs of this application [and of the examination] be [costs in the cause,
Dated the day of 20 .
[HEADING]
On the application of ..................................................., and after reading the affidavit of ....................................... dated ................................. and hearing .....................................,
IT IS ORDERED THAT —
1. AB (“the examiner”) is hereby appointed to examine CD (“the witness”) on oath or affirmation.
‑or‑
1. A commission shall be issued to AB (“the examiner”) for the examination of CD (“the witness”) on oath or affirmation.
2. The examination shall take place on (date) at (time) at (place outside the State) or at such other time and place as the examiner may appoint and where the examiner does appoint another time or place, notice thereof must be given to the witness and to the parties to these proceedings not less than .................... days before the appointed time.
3. The examiner may invite but must not exercise any powers to compel the witness to attend and to produce documents.
4. The examination must be in the following manner —
(set out the manner of the examination either specifically or by reference to the rules)
5. The examiner shall —
(a) put the evidence of the witness into writing; and
(b) appropriately mark for identification any document produced by the witness; and
(c) certify the written evidence as being the evidence of the witness; and
(d) send the written evidence and any document produced by registered or certified post to —
Principal Registrar
Supreme Court of Western Australia
PERTH
Western Australia 6000
6. When the Principal Registrar receives them, any party to these proceedings shall be at liberty to read the written evidence of the witness and any document produced, except where the Court otherwise orders.
7. The trial of these proceedings shall be stayed or adjourned until the Principal Registrar receives the written evidence of the witness and any document produced.
8. The costs of and incidental to the application for this order and to the examination shall be costs in the cause.
‑or‑
1. A letter of request shall be issued to (name of judicial authority in a place outside the State) to take, or to cause to be taken, the evidence of CD (“the witness”).
2. When the Principal Registrar receives them, any party to these proceedings shall be at liberty to read the written evidence of the witness and any document produced, except where the Court otherwise orders.
3. The trial of these proceedings shall be stayed or adjourned until the Principal Registrar receives the written evidence of the witness and any document produced.
4. The costs of and incidental to the application for this order and to the issue of the letter of request shall be costs in the cause.
Dated: BY THE COURT
[L.S.] Registrar.
TO: (name of judicial authority in place outside the State)
I, .................................................................. Principal Registrar of the Supreme Court of Western Australia, respectfully request your assistance/the assistance of your court with regard to the following matters.
1. There are before the Supreme Court of Western Australia/before (name of inferior court in W.A.) civil/criminal proceedings entitled as follows —
(set out full title and action no.) between — (name parties, their descriptions — plaintiff etc. — and their addresses).
2. The names and addresses of the representatives or agents of the parties are as follows —
(set out names and addresses.)
3. The proceedings concern —
(set out —
(a) the nature of the proceedings; and
(b) the relief sought (if applicable); and
(c) a summary of the facts.)
4. The Supreme Court has decided, in the interests of justice, to request you to take, or to cause to be taken, the evidence of a person resident in your jurisdiction. Accordingly, I request you to take, or to cause to be taken, the evidence of (name and address of the person or persons) who is/are resident in your jurisdiction.
5. I respectfully request that the evidence be taken in the following manner —
(set out matters relating to the taking of that evidence — see
6. I request you to inform me or the representatives or agents of the parties of the date when and the place where the evidence is to be taken.
7. Finally, I request that —
(a) the evidence of the person(s) mentioned in paragraph 4 above me put into writing; and
(b) any document produced by the person(s) be appropriately marked for identification; and
(c) the written evidence and any document produced be authenticated with the seal of your court or in such other way as is in accordance with your procedure; and
(d) you send the written evidence and any document produced to me by registered or certified post at the following address —
Principal Registrar
Supreme Court of Western Australia
PERTH
Western Australia 6000
Dated:
[L.S.] Principal Registrar
(
I [
, Plaintiff’s agent, of
, Defendant’s agent, of
Dated the day of , 20 .
Solicitor for
No .............. of 20 .......
IN THE MATTER of the
BETWEEN:
AB
Plaintiff,
‑and‑
CD
Defendant.
ORDER FOR OBTAINING EVIDENCE
[HERE SET OUT FORMALITIES REQUIRED BY PRACTICE DIRECTIONS]
On the application of ................................................. and after reading the affidavit (if any) of ....................................... dated ............................... and the request of (requesting court), and hearing .........................................and being satisfied —
(a) that the application is made in pursuance of a request by (the requesting court) exercising jurisdiction in (place outside W.A.); and
(b) that the evidence to which the application relates is to be obtained for the purposes of proceedings (which have been instituted before that court) or (whose institution before that court is contemplated),
IT IS ORDERED THAT —
1. (If applicable) (name of examiner or person who is to obtain the evidence) is hereby appointed to — (set out function).
2. (name of examiner or person who is to obtain the evidence) must —
(a) (set out the matters required — such as the manner of the examination, the manner of transmitting the evidence when taken or the person to whom the evidence is to be transmitted.)
3. (name of witness to be examined or person from whom evidence is to be obtained) must —
(a) (set out the matters required of the witness or person from whom the evidence is to be obtained — see
Dated: BY THE COURT
[L.S.] Registrar.
I, ..................................................., Principal Registrar of the Supreme Court of Western Australia, hereby certify that the attached documents are —
(a) a request of (requesting court);
(b) the order of the Supreme Court of Western Australia dated (date) made for the purpose of giving effect to the request;
(c) the deposition (or as the case may be) taken by the examiner pursuant to the order;
(d) (if applicable) the examiner’s statement setting out the witness’s claim to be exempt from giving evidence;
(e) (if applicable) this Court’s request that the witness’s claim be determined.
Dated:
[L.S.] Principal Registrar.
(
1. Under the
2. The applicant requests the Court’s directions as to the manner in which this application is to be determined.
3.* The applicant requests that any hearing of this application be held by audio link or audiovisual link.
Dated:
(
Under the
Dated:
[
(
1. Under the
2. The applicant was [served/purportedly served*] with the subpoena in New Zealand under the
3. A remote appearance medium is, or can reasonably be made, available for the hearing.
4. The remote appearance can be made from [
5. The [audio link/audiovisual link*] facilities are available at [
6. I estimate the remote appearance will take [
*[
Dated:
[
To: The High Court of New Zealand
[
Under the
1. On [
2. On [
3. *No application to set aside the subpoena either wholly or in part has been made. An application to set aside the subpoena was dismissed by order made on [
4. On [
*[
Dated:
BY THE COURT
[
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: |
The defendant pay the plaintiff — (a) $[ (b) $[ |
The above costs have been taxed and allowed at $[ BY THE COURT REGISTRAR |
[ If you believe that [ |
|
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment, or suspending the enforcement of all or part of the judgment, because these applications may be complex and you may be ordered to pay costs to [ |
The name and address of the law firm representing the plaintiff is: [ If you want to contact the lawyer for the plaintiff, you should call [ |
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: The defendant pay the plaintiff the value of the goods [ BY THE COURT REGISTRAR |
[ If you believe that [ |
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment because these applications may be complex and you may be ordered to pay costs to [ |
The name and address of the law firm representing the plaintiff is: [ If you want to contact the lawyer for the plaintiff, you should call [ |
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: |
The defendant deliver to the plaintiff the goods described in the writ of summons [ |
The defendant pay the plaintiff the value of the goods described in the statement of claim to be assessed [ BY THE COURT REGISTRAR |
[ |
If you believe that [ |
|
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment, or suspending the enforcement of all or part of the judgment, because these applications may be complex and you may be ordered to pay costs to [ |
[ If you believe that [ |
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment because these applications may be complex and you may be ordered to pay costs to [ |
The name and address of the law firm representing the plaintiff is: [ |
If you want to contact the lawyer for the plaintiff, you should call [ |
Notes to Form 34:
1. To be used for a default judgment referred to in Order 13 rule 4(1)(a)(i).
2. To be used for a default judgment referred to in Order 13 rule 4(1)(a)(ii).
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: |
The plaintiff having on the day of 20 , obtained default judgment against the defendant for damages [ |
The defendant pay the plaintiff — (a) $[ (b) $[ |
The above costs have been taxed and allowed at $[ BY THE COURT REGISTRAR |
[ |
If you believe that [ |
|
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment, or suspending the enforcement of all or part of the judgment, because these applications may be complex and you may be ordered to pay costs to [ |
The name and address of the law firm representing the plaintiff is: [ If you want to contact the lawyer for the plaintiff, you should call [ |
Note to Form 35:
1. The heading and text of this order is to be amended to reflect the assessment.
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: |
1. The defendant give the plaintiff vacant possession of the land described in the writ of summons [ 2. The defendant pay the plaintiff $[ |
The above costs have been taxed and allowed at $[ BY THE COURT REGISTRAR |
[ If you believe that [ |
|
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment, or suspending the enforcement of all or part of the judgment, because these applications may be complex and you may be ordered to pay costs to [ |
The name and address of the law firm representing the plaintiff is: [ If you want to contact the lawyer for the plaintiff, you should call [ |
Action No: | ||
Parties | Plaintiff Defendant | |
On [ [ | ||
| ||
| ||
[ | ||
You should try to get legal advice without delay. Legal Aid WA has an online ‘Mortgage stress ‑ self help guide’ available on its website at or you can telephone the Legal Aid WA InfoLine on 1300 650 579 for free information or a referral to other services that might be able to assist you (open Monday to Friday 8.30 am to 4.30 pm except public holidays). If you need Translating and Interpreting Services contact 131 450, or the National Relay Service (for hearing and speech impaired) contact 133 677. | ||
[ Date ________________________________ _________________________________ [ | ||
Note to Form 36A:
1. The text of the order, or orders, should reflect the orders that will be sought. The proposed orders in this form are to be used only if applicable.
Action No: | ||||||||
Parties | Plaintiff Defendant | |||||||
Request | The plaintiff requests the Supreme Court to enter default judgment against [ | |||||||
Orders sought | The plaintiff seeks the following orders: 1. 2. | |||||||
Amount owing and daily interest | The amount owing to the plaintiff under the mortgage as at the date of the filing of this notice is $[ The amount of a day’s interest is $[ | |||||||
Affidavits in support | The following affidavits containing all the information required by Order 13 rule 6(2)(b)(ii) are filed with this notice: 1. 2. | |||||||
Date of Notice | Date of filing | |||||||
Contact details of party or lawyer | Name | |||||||
Firm | ||||||||
Address | ||||||||
(These details will be inserted into the judgment.) | Phone | Fax | ||||||
Reference | ||||||||
Signature of party or lawyer | Party/Party’s Lawyer | Date | ||||||
Note to Form 36B:
1. This item must be included if the claim includes a claim for interest to judgment. See Order 13 rule 6(3)(b).
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: |
1. The defendant, within [ |
2. The defendant pay the plaintiff —
|
The above costs have been taxed and allowed at $[ BY THE COURT REGISTRAR |
[ If you believe that [ |
|
You should seek legal advice before applying to the Court for orders setting aside or varying the judgment, or suspending the enforcement of all or part of the judgment, because these applications may be complex and you may be ordered to pay costs to [ |
Legal Aid WA has an online ‘Mortgage stress ‑ self help guide’ available on its website at which includes information about what to do if a judgment is made against you. |
You can telephone the Legal Aid WA InfoLine on 1300 650 579 for free information or a referral to other services that might be able to assist you (open Monday to Friday 8.30 am to 4.30 pm except public holidays). If you need Translating and Interpreting Services contact 131 450, or the National Relay Service (for hearing and speech impaired) contact 133 677. |
The name and address of the law firm representing the plaintiff is: [ If you want to contact the lawyer for the plaintiff, you should call [ |
Notes to Form 36C:
1. This form is to be used for default judgment in any mortgage action. The text of the order, or orders, should reflect the effect of the mortgage in question and the orders sought. The proposed orders in this form are to be used only if applicable.
2. 28 days unless the Court orders otherwise. See Order 13 rule 6(6).
No: .............. of 20 ....... |
BETWEEN: AB Plaintiff, and CD Defendant. |
Judicial officer: Date of order: |
The plaintiff having on the day of 20 , obtained judgment against the defendant for damages [ |
The defendant pay the plaintiff — (a) $[ (b) $[ |
The above costs have been taxed and allowed at $[ BY THE COURT REGISTRAR |
Note to Form 37:
1. The heading and text of this order is to be amended to reflect the assessment.
(
The day of 20 .
The defendant having entered an appearance herein and the Court having under Order 14 rule 3 ordered that judgment as hereinafter provided be entered for the plaintiff against the defendant,
It is this day adjudged that the defendant do pay to the plaintiff $ and $ costs (
pay to the plaintiff damages to be assessed and costs to be taxed,
deliver to the plaintiff the goods described in the statement of claim as
[
give the plaintiff possession of the land described in the statement of claim as and costs to be taxed.
The above costs, etc. (
Supreme Court of Western Australia General Division | No.: | |
Parties | Plaintiff Defendant | |
Trial details | This case was tried in the Supreme Court without a jury on [ | |
Judgment | On [ | |
Judgment details | [ [ | |
Date judgment entered | Judgment dated and entered on [ | |
Supreme Court of Western Australia General Division | No.: | |
Parties | Plaintiff Defendant | |
Trial details | This case was tried in the Supreme Court with a jury on [ | |
Jury’s findings | The jury found [ | |
Judgment | On [ | |
Judgment details | [ [ | |
Date judgment entered | Judgment dated and entered on [ | |
(
Dated and entered the day of 20 .
This action by an order dated the day of 20 , having been ordered to be tried before master [
It is adjudged that (
(
Dated and entered the day of 20 .
The issue [
It is adjudged that [the defendant do pay to the plaintiff $ and his costs of action to be taxed] [the plaintiff do pay to the defendant his costs of defence to be taxed]
(
The day of 20 .
The plaintiff having by a notice in writing dated the day of , 20 , wholly discontinued this action [
It is this day adjudged that the plaintiff do pay to the defendant $ the said taxed costs, and $ the costs of entering judgment for such taxed costs.
In the Supreme Court of Western Australia | No: | ||
Parties | Plaintiff Defendant | ||
Judgment | In accordance with the consent of the parties, the Court orders — 1. 2. | ||
Judicial officer’s signature | Judicial officer | Date: | |
(
Let the defendant C.D. attend the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth on day the day of 20 at o’clock in the noon on the hearing of an application on the part of the plaintiff for an order that a receiver be appointed [
Dated, etc.
This summons was taken out by of .
To the abovenamed
[and his solicitor].
(
Before in chambers.
Upon reading the affidavit of filed the day of 20 :
Let the defendant C.D. attend the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth on day the day of 20 at o’clock in the noon on the hearing of an application on the part of the plaintiff for the appointment of E.F. as receiver in this action to receive the rents, profits, and moneys receivable in respect of the said defendant’s interest in the following property namely [
And the plaintiff [by his solicitor] hereby undertaking to abide by any order the Court may hereafter make should it decide that the said defendant has sustained damage by reason of this order and is entitled to damages which the plaintiff ought to pay, it is ordered that the said defendant by himself, his agents or servants, or otherwise, be restrained, and an injunction is hereby granted restraining him, until after the hearing of the above application, from assigning charging or otherwise dealing with the said property.
Dated the day of 20 .
(
Before in chambers.
Upon hearing and upon reading the affidavit of filed the day of 20 .
And upon the plaintiff undertaking to be answerable for all sums to be received by the receiver hereinafter named, [
It is ordered that be appointed [without security] until the day of 20 next inclusive or further order to receive the rents, profits, and moneys receivable in respect of the abovenamed defendant’s interest in the following property namely [
[And the plaintiff [by his solicitor]] hereby undertaking to abide by any order the Court may hereafter make (
Defendant to be at liberty to apply in the meantime.
Dated the day of 20 .
In the Supreme Court of Western Australia *General Division/Court of Appeal No.
Parties Plaintiff
Defendant
Notice
At the hearing below in the *Supreme Court/Court of Appeal, the [
Grounds of application
The grounds of the application are: [
Hearing details
The court will hear this application — on [
*Short notice
On [
Applicant’s service details
*Name of lawyer: *Address where lawyer conducts business: Postal address for service of documents: *Email address: *Fax no.: ........................................... *Telephone no.: .........................
Applicant’s signature
.......................................................... Date: .............................. Applicant/Applicant’s lawyer
Footnotes to Form 64 —
* Delete the inapplicable.
1. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
(
TAKE notice that [pursuant to the leave of given on the day of 20 .] the Court will be moved on the day of 20 at o’clock in the noon, or so soon thereafter as counsel can be heard, by counsel for the abovenamed [plaintiff] [or defendant] for an order that and that the costs of the application be .
Dated the day of 20 .
(Signed)
of
[agent for
of ]
Solicitor for the
To Solicitor for the .
(
UPON motion this day made unto this Court by counsel for the plaintiff and upon reading [an affidavit of filed the day of 20 of service on the defendant C.D. of a copy of the order of the Court dated the day of 20 and of notice of this motion]:
And it appearing to the satisfaction of the Court that the defendant C.D. has been guilty of contempt of court in [
It is ordered that for his said contempt the defendant do stand committed to Prison to be there imprisoned [until further order]. [It is further ordered that this order shall not be executed if the defendant C.D. complies with the following terms, namely, .]
Dated the day of 20 .
Supreme Court of Western Australia | No: | ||||
Applicant | |||||
Respondent | Name: Office: | ||||
Other parties | |||||
Decision or conduct to be reviewed | Date: Where made or occurring: Written law governing: Description: | ||||
Application | The applicant applies for judicial review of the above decision or conduct and — p a writ of certiorari; p a writ of mandamus; p a writ of prohibition; p a writ of p an information of p a declaration; p an injunction; p this order (being an order which would have the same effect as a remedy that could be provided by means of one or more of the above writs) — | ||||
Grounds of application | The grounds for the above application are these — 1. | ||||
Late application | p The applicant also applies for leave to proceed with this application which is made outside the limitation period. | ||||
Applicant’s geographical address | |||||
Applicant’s lawyer | |||||
Address where lawyer conducts business | |||||
Intention to act in person | p I intend to act in person in this application. | ||||
Postal address for service of documents | |||||
Email address | |||||
Telephone number | Fax number | ||||
Signature of applicant or lawyer | Applicant/Applicant’s lawyer | Date: | |||
Notes to Form No. 67A —
1. The respondent is the person whose decision or conduct is to be reviewed.
2. Tick one or more.
3. Tick only if necessary.
4. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
5. Must be provided if a lawyer has been appointed.
6. Must be provided - to be lawyer’s postal address if applicant is legally represented.
7. Optional - if provided, may be used for service of documents.
8. Must be provided - to be lawyer’s telephone number if applicant is legally represented.
To: [
This writ commands you, on or before [
Dated:
..................................................... Judicial officer
To: [
This writ commands you to [
The
Disobeying this writ is a contempt of court which may be punished by imprisonment or a fine or both.
Dated:
..................................................... Judicial officer
To: [
By a writ of prohibition dated [
This writ commands you to [
Dated:
..................................................... Judicial officer
To: [
This writ prohibits you from [
Dated:
..................................................... Judicial officer
To: [
This writ commands you to have [
The
Disobeying this writ is a contempt of court which may be punished by imprisonment or a fine or both.
Dated:
..................................................... Judicial officer
No. of 20 .
In the Supreme Court of Western Australia.
[In the matter of .]
Between
A.B. Plaintiff,
and
C.D. Defendant.
Let C.D. of within service of this summons on him, exclusive of the day of such service, cause an appearance to be entered for him to this summons and thereafter attend before Court at such time and place as shall hereafter be fixed for such hearing.
This summons is issued upon the application of A.B. of who claims [
Dated, etc.
This summons was taken out by
Solicitor for the said plaintiff whose address for service is
Note: If the defendant does not enter an appearance at the Central Office, Supreme Court, Perth, within the time abovementioned, and thereafter attend before the Court at such time and place as shall hereafter be fixed for such hearing, such order will be made and proceedings taken as the Court thinks just and expedient.
(
Let C.D. of attend before the Supreme Court, Perth, on the day of 20 at o’clock in the noon on the hearing of an application by the plaintiff that [
Dated, etc.
It is intended to serve this summons on C.D. [and E.F. of .]
This summons was taken out, etc. (
Note: If a defendant does not attend personally or by his counsel or solicitor at the time and place abovementioned such order will be made as the Court thinks just and expedient.
(
To [
Take notice that the originating summons issued herein on the day of 20 , will be heard by the Supreme Court, Perth, on the day of 20 at o’clock in the noon.
If you do not attend in person or by your solicitor or counsel at the time and place mentioned, such order will be made and proceedings taken as the Court thinks just and expedient.
Dated, etc.
(Signed)
Solicitor for
In the Supreme Court No. of 20 . of Western Australia.
Between Plaintiff,
and
Defendant.
Let all parties concerned attend the Supreme Court on day the day of , 20 , at o’clock in the noon, on the hearing of an application on the part of
Dated the day of , 20 .
This summons was taken out by of Solicitor for
To
Judicial officer(s):
Date of order:
The Court orders (or declares) —
1.
2.
..................................................... Judicial officer
Supreme Court of Western Australia | No: | |||||||
Parties | Plaintiff Defendant | |||||||
Name of party appealing | ||||||||
Name of Registrar | ||||||||
Date of decision | ||||||||
Last date for appealing | Last date: Is an extension of time needed? Yes/No | |||||||
Orders or directions appealed against | 1. 2. 3. | |||||||
Grounds of appeal | ||||||||
Orders sought on appeal | 1. 2. 3. | |||||||
Directions sought to facilitate appeal | 1. 2. 3. | |||||||
Dates when unavailable for hearing of appeal | ||||||||
Date of notice | Date of filing | |||||||
Signature of party appealing or lawyer | Party appealing/Lawyer | Date: | ||||||
Contact details of party appealing or lawyer | Name | |||||||
Firm | ||||||||
Address | ||||||||
Phone | Fax | |||||||
Reference | ||||||||
Notes to Form No. 80A —
1. The date being 10 days after the date of the order or decision appealed against. See Order 60A r. 5(1).
2. For example, filing of further affidavits or submission.
3. For the period of 32 days beginning on the 14th day after the date of the filing of the appeal notice. See Order 60A r. 5(3)(e).
(
Take notice that a judgment [
And also take notice that from the time of the service of this notice you [
And also take notice that without entering any appearance you [
Dated the day of 20 .
(Signed)
To
A.B. Deceased. By judgment [
Every creditor holding any security is to produce the same at the office of the master at the Supreme Court, Perth, on the day of 20 , at o’clock in the noon, being the time appointed for adjudicating upon the claims.
Dated this day of 20 .
A.B. Deceased. By judgment [
[
Notice is hereby given that all persons claiming to be entitled under the said inquiry [
Dated this day of 20 .
Master.
[
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Primary court Case number Parties Date of decision Judicial officer | at | ||
Decision details | |||
Notice of appeal | The appellant appeals to the Supreme Court (General Division) against the above decision. | ||
Act that allows the appeal | section: | ||
Grounds of appeal | 1. | ||
Notice to the respondent | If you want to take part in this appeal you must file a Form No. 85 under the | ||
Last date for appealing | Last date: Is an extension of time needed? Yes/No | ||
Leave to appeal | Is leave to appeal needed? Yes/No If yes, state the Act and section requiring leave: | ||
Legal representation | Is the appellant legally represented in this appeal? Yes/No Is the appellant applying for legal aid? Yes/No | ||
Appellant’s geographical address | |||
Appellant’s service details | |||
Signature of appellant or lawyer | Appellant/Appellant’s lawyer | Date: | |
Notes to Form No. 83 —
1. State the short title of the Act under which the appeal is being made.
2. Set out the grounds in numbered paragraphs.
3. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
4. Must be in accordance with Order 71A.
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Certificate | I certify that on [ ● a copy of an appeal notice dated [ ● a copy of every other document that was filed with the appeal notice. I undertake to file an affidavit of service if the Court requires me to. | ||
Signature of appellant or lawyer | Appellant/Appellant’s lawyer | Date: | |
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Notice [Tick one box] | p The respondent intends to take part in this appeal. p The respondent does not intend to take part in this appeal and will accept any order made by the court in the appeal other than as to costs. | ||
Cross appeal [Tick one box] | p The respondent is not appealing against the primary court’s decision specified in the appellant’s appeal notice. p The respondent also appeals against the primary court’s decision specified in the appellant’s appeal notice. | ||
Last date for appealing | Last date: Is an extension of time needed? Yes/No | ||
Leave to appeal | Is leave to appeal needed? Yes/No If yes, state the Act and section requiring leave: | ||
Legal representation | Is the respondent legally represented in this appeal? Yes/No Is the respondent applying for legal aid? Yes/No | ||
Respondent’s geographical address | |||
Respondent’s service details | |||
Signature of respondent or lawyer | Respondent/Respondent’s lawyer | Date: | |
Notes to Form No. 85 —
1. Complete this only if the respondent also appeals against the primary court’s decision.
2. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
3. Must be in accordance with Order 71A.
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Applicant | Appellant/Respondent | ||
Application | The applicant applies for — | ||
Conference between parties [Tick one box] | p The parties to this application have conferred about the issues giving rise to this application and have not resolved them. p The parties to this application have not conferred about the issues giving rise to this application because | ||
Signature of applicant or lawyer | Applicant/Applicant’s lawyer | Date: | |
Notes to Form No. 86 —
1. State —
the order or orders sought; and
the written law and provision under which the application is made.
2. State the reasons why the parties have not conferred.
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Consent | We consent to the following order being made — | ||
Signature of appellant or lawyer | Appellant/Appellant’s lawyer | Date: | |
Signature of respondent or lawyer | Respondent/Respondent’s lawyer | Date: | |
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Request | The appellant/respondent requests a hearing of the matter decided provisionally by [ | ||
Signature of party requesting or lawyer | Appellant/Respondent/ Appellant’s lawyer/Respondent’s lawyer | Date: | |
Supreme Court of Western Australia General Division | No: | ||
Parties to the appeal | Appellant Respondent | ||
Notice | The appellant discontinues this appeal. | ||
Signature of appellant or lawyer | Appellant/Appellant’s lawyer | Date: | |
IN THE SUPREME COURT OF WESTERN AUSTRALIA
IN THE MATTER of the
and
IN THE MATTER of an application by A.B. to be appointed as a General Public Notary (or as a District Public Notary
PURSUANT to section 8 of the
Dated the day of 20 .
Chief Justice of Western Australia.
(
NOTICE is hereby given that (name and address), a Legal Practitioner of the Supreme Court of Western Australia, intends to apply to the Supreme Court (full bench) on the , 20 at the hour of in the noon, or so soon thereafter as counsel can be heard, for appointment as a General Public Notary [
Any person desiring to object to the appointment of the applicant may be heard before the Supreme Court (full bench) by himself or counsel; but written notice, stating the grounds of objection, must be filed not less than 7 days before the day fixed for the hearing of the application.
Dated the day of 20 .
IN THE SUPREME COURT
I HEREBY CERTIFY that
of
has this day been appointed as a General Public Notary for the State of Western Australia [
Given under my hand and the seal of the Court, this day of 20 .
Registrar of the Supreme Court.
Western Australia
IN THE SUPREME COURT
I HEREBY CERTIFY that
of
was duly appointed as a General Public Notary for the State of Western Australia [
Given under my hand and the seal of the Court, this day of 20 .
Registrar of the Supreme Court.
IN THE SUPREME COURT OF WESTERN AUSTRALIA.
In the matter of
deceased
The State of Western Australia.
Notice of Application for Order of Escheat.
TAKE NOTICE that an application will be made on the day of , 20 , at o’clock in the noon, to the judge in chambers at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth, for an Order that the property mentioned hereunder, viz: shall be and become the property of the State by way of Escheat.
Any person claiming title to the abovementioned property or premises may appear at the time and place abovementioned in support of the claim.
State Solicitor.
IN THE SUPREME COURT OF WESTERN AUSTRALIA.
In the matter of
deceased
The State of Western Australia.
UPON hearing and upon reading the affidavit of , filed the day of 20 , and having taken into consideration the application of the State Solicitor dated the day of 20 , the Court orders that the property mentioned in the said application, viz: shall be and become the property of the State by way of Escheat [
Dated this day of 20 .
Supreme Court of Western Australia No: | ||||
Applicant | Full name | |||
Address | ||||
Date of birth | ||||
Occupation | ||||
Employment [Tick one box] | p Self employed p Not employed p Employed by the employer below | |||
Employer’s name and address | ||||
Details of disqualification from holding or obtaining a driver’s licence | Date disqualified | |||
Period disqualified | ||||
Reason | ||||
Application | Under the vehicles of class: in these localities: on these days at these times: for these purposes: | |||
Grounds for this application | 1. | |||
Certificate by applicant [Tick one box] | A licence suspension order made under the p I have not been refused an extraordinary licence by a court within the 6 months before the date of this application. p I made a special application for an extraordinary licence that was refused by the [ | |||
Signature of applicant | Date | |||
Hearing details | This application will be heard — on [ at [ | |||
Notes to Form No. 101 —
1. If disqualified by a court after being convicted of an offence, state the court and the offence and, if the offence was against the
2. Note the
Supreme Court of Western Australia No: | ||||
Applicant | Full name | |||
Address | ||||
Extraordinary licence details | Court that ordered it | |||
Date of court order | ||||
Licence’s limitations and conditions | ||||
Application [Tick one box] | I hold the above extraordinary licence. Under the p An order that varies the above limitations and conditions by: p An order that cancels the above limitations and conditions and substitutes these limitations and conditions: | |||
Grounds for this application | 1. | |||
Signature of applicant | Date | |||
Hearing details | This application will be heard — on [ at [ | |||
Note to Form No. 102 —
1. Note the
Supreme Court of Western Australia No: | ||||
Extraordinary licence details | Holder’s name | |||
Holder’s address | ||||
Court that ordered it | ||||
Date of court order | ||||
Licence’s limitations and conditions | ||||
Application [Tick one box] | Under the p An order that varies the above limitations and conditions by: p An order that cancels the above limitations and conditions and substitutes these limitations and conditions: p An order that cancels the above extraordinary licence. | |||
Grounds for this application | 1. | |||
Signature of applicant | for CEO | Date | ||
Hearing details | This application will be heard — on [ at [ | |||
Note to Form No. 103 —
1. Note the
Supreme Court of Western Australia No: | ||||
Applicant | Full name | |||
Address | ||||
Date of birth | ||||
Occupation | ||||
Details of order disqualifying applicant from holding or obtaining a driver’s licence | Court that made the order | |||
Date of order | ||||
Period disqualified | ||||
Reason | ||||
Application | Under the | |||
Grounds for this application | 1. | |||
Certificate by applicant | An application made under the | |||
Signature of applicant | Date | |||
Hearing details | This application will be heard — on [ at [ | |||
Notes to Form No. 104 —
1. State the offence(s) for which the applicant was disqualified and, if the offence was against the
2. Note the
Supreme Court of Western Australia General Division | No: | ||
Parties | Claimant Defendant | ||
Claim | This claim is made under the In relation to the property described below, the claimant applies for — 1. | ||
Property to which claim relates | |||
Estimated value | $ | ||
Hearing details | This claim will be heard on 20 not before a.m./p.m. at the Supreme Court, David Malcolm Justice Centre, 28 Barrack Street, Perth. | ||
Claimant’s geographical address | |||
Claimant’s service details | |||
Signature of claimant or solicitor | Claimant/Claimant’s solicitor | Date: | |
Notes to Form No. 108 —
1. State the section(s) of the
State the order(s) the claimant wants the Court to make in numbered paragraphs.
2. Describe the property to which the claim relates.
3. State the estimated value of the property.
4. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.
5. Must be in accordance with Order 71A.
Application to commence a civil proceeding | Supreme Court of Western Australia | ||
No: | |||
Applicant | |||
Respondent/s | |||
Matter number or prosecution notice number(s) | |||
Parties to the original matter | |||
Date of decision | |||
Judicial officer who made the decision | |||
Place order was made | |||
Details of existing order | |||
Expiry date of order | |||
Is the supervised person legally represented? | |||
Name and service address (if applicable) | |||
Act and section(s) which allow the application | |||
Grounds for application | |||
Order(s) sought | |||
Is an affidavit in support attached? | |||
Name | |||
Service address (if applicable) | |||
Contact details | |||
Signature of applicant or applicant’s legal representative | Date: | ||
Application in a pending or finalised civil proceeding | Supreme Court of Western Australia | ||
No: | |||
Applicant | |||
Respondent/s | |||
Details of relevant order | |||
Expiry date of order | |||
Is the supervised person legally represented? | |||
Name and service address (if applicable) | |||
Act and section(s) which allow the application | |||
Grounds for application | |||
Order(s) sought | |||
Is an affidavit in support attached? | |||
Name | |||
Service address (if applicable) | |||
Contact details | |||
Signature of applicant or applicant’s legal representative | Date: | ||
[O. 24 r. 12]
(1) 15. In all cases in which it is desired to pay money into court or to receive money out of court, a form of request signed by the party so desiring or his solicitor, shall be presented to the Principal Registrar and be by him examined, and if he shall be of opinion that such request may be legally complied with, he shall mark his approval thereof.(2) The request so marked shall then be presented by such party or his solicitor to the Accountant by whom the money mentioned in such request shall be received, or (if it is not money which has been invested by the Public Trustee) paid out, as the case may require.
(3) The Accountant shall then indorse on the request a short note to the effect that the said money has been received or paid by him, as the case may be, and the request so indorsed shall be forthwith returned to the Central Office and filed there.
(4) If the money which it is desired to receive out of court has been invested by the Public Trustee, the request marked by the Principal Registrar shall be presented to the Public Trustee, who upon payment shall indorse the request accordingly and forthwith forward it to the Central Office to be filed there.
This is a compilation of the
18 Nov 1971 p. 4397‑758 | 14 Feb 1972 (see O. 1 r. 2(1)) | |
Untitled rules | 17 Dec 1971 p. 5266 | 14 Feb 1972 (see r. 1) |
Untitled rules | 7 Jun 1972 p. 1703 | 7 Jun 1972 |
Untitled rules | 15 Jun 1973 p. 2247‑52 | 15 Jun 1973 |
Untitled rules | 10 Sep 1973 p. 3425‑36 | 1 Oct 1973 (see r. 2) |
Untitled rules | 9 Nov 1973 p. 4162‑6 | Rules other than r. 5 and 6: 9 Nov 1973 (see r. 2(1)); r. 5 and 6: 1 Jan 1974 (see r. 2(2) and |
Untitled rules | 7 Dec 1973 p. 4488‑9 | 1 Jan 1974 (see r. 2) |
Untitled rules | 29 Mar 1974 p. 1037‑40 | 15 Apr 1974 (see r. 2) |
Untitled rules | 29 Mar 1974 p. 1041‑2 (erratum 5 Apr 1974 p. 1195) | 29 Mar 1974 |
30 Aug 1974 p. 3242‑3 | 30 Aug 1974 (see r. 1) | |
Untitled rules | 10 Jan 1975 p. 50‑5 | 1 Mar 1975 (see r. 2 and |
Untitled rules | 23 May 1975 p. 1404 | 1 Jun 1975 (see r. 2) |
Untitled rules | 3 Oct 1975 p. 3769‑71 | 1 Nov 1975 (see r. 2) |
Untitled rules | 19 Dec 1975 p. 4571‑7 | 1 Jan 1976 (see r. 2) |
Untitled rules | 2 Apr 1976 p. 1039‑41 | 2 Apr 1976 (see r. 2) |
Untitled rules | 14 May 1976 p. 1431 | 1 Jun 1976 (see r. 2) |
Untitled rules | 27 Aug 1976 p. 3223‑6 | 13 Sep 1976 (see r. 2) |
Untitled rules | 12 Nov 1976 p. 4275‑7 | 17 Jun 1977 (see r. 2 and |
Untitled rules | 24 Jun 1977 p. 1914‑16 | 1 Sep 1977 (see r. 2) |
Untitled rules | 7 Oct 1977 p. 3602‑3 | 1 Nov 1977 (see r. 2) |
13 Jan 1978 p. 117 | 13 Jan 1978 (see r. 2) | |
Untitled rules | 23 Jun 1978 p. 2025‑30 | 1 Aug 1978 (see r. 2) |
Untitled rules | 13 Oct 1978 p. 3698‑704 | Rules other than r. 3‑5, 9‑11: 13 Oct 1978 (see r. 2); r. 3-5 and 9-11: 1 Jan 1979 (see r. 2) |
14 Dec 1979 p. 3869‑76 | 11 Feb 1980 (see r. 1 and | |
21 Mar 1980 p. 960‑2 | 21 Mar 1980 (see r. 2) | |
Untitled rules | 13 Jun 1980 p. 1719‑22 | 1 Jul 1980 (see r. 2) |
Untitled rules | 18 Jul 1980 p. 2384‑8 | 1 Aug 1980 (see r. 2 and |
Untitled rules | 1 Aug 1980 p. 2550‑6 | 1 Aug 1980 (see r. 2) |
Untitled rules | 1 Aug 1980 p. 2558 | 1 Aug 1980 (see r. 2) |
Untitled rules | 20 Nov 1981 p. 4724‑9 | 20 Nov 1981 (see r. 2) |
Untitled rules | 2 Jul 1982 p. 2315‑20 | 2 Jul 1982 (see r. 2) |
2 Jul 1982 p. 2320‑1 | 2 Jul 1982 | |
Untitled rules | 30 Jul 1982 p. 2946‑7 | 30 Jul 1982 |
Untitled rules | 31 Mar 1983 p. 1090‑1 | 20 Jun 1983 (see r. 2 and |
Untitled rules | 23 Sep 1983 p. 3797‑8 | 23 Sep 1983 |
Untitled rules | 20 Jan 1984 p. 129‑34 | 20 Jan 1984 (see r. 2) |
Untitled rules | 30 Nov 1984 p. 3951‑6 | 30 Nov 1984 |
15 Feb 1985 p. 583‑7 (erratum 22 Feb 1985 p. 658) | 15 Feb 1985(see r. 1) | |
13 Dec 1985 p. 4760-4 (erratum 3 Jan 1986 p. 11) | 1 Jan 1986 (see r. 1) | |
Untitled rules | 20 Jun 1986 p. 2040‑5 | 20 Jun 1986 |
4 Jul 1986 p. 2280-6 | 4 Jul 1986 (see r. 3) | |
18 Dec 1987 p. 4456-7 | 1 Jan 1988 (see r. 3) | |
1 Jul 1988 p. 2140-2 | 1 Jul 1988 (see r. 2 and | |
15 Dec 1989 p. 4520 | 1 Jan 1990 (see r. 2) | |
23 Feb 1990 p. 1153‑6 | 23 Feb 1990 | |
30 Mar 1990 p. 1573-4 | 30 Mar 1990 (see r. 2) | |
17 Aug 1990 p. 4071-8 | 1 Sep 1990 (see r. 2) | |
9 Nov 1990 p. 5526 | 9 Nov 1990 (see r. 2) | |
16 Nov 1990 p. 5698‑9 | 16 Nov 1990 (see r. 2) | |
30 Nov 1990 p. 5900‑1 | 30 Nov 1990 | |
8 Feb 1991 p. 582‑8 | 8 Mar 1991 (see r. 2 and Gazette 8 Mar 1991 p. 1029‑30) | |
5 Apr 1991 p. 1397‑8 | 5 Apr 1991 | |
5 Apr 1991 p. 1398‑401 | 5 Apr 1991 | |
19 Apr 1991 p. 1714‑19 | 1 Jun 1991 (see r. 2 and | |
7 Feb 1992 p. 676‑93 | 7 Feb 1992 | |
28 Feb 1992 p. 995‑8 | 28 Feb 1992 | |
5 Jun 1992 p. 2278‑82 | 5 Jun 1992 | |
21 Aug 1992 p. 4121‑4 | 1 Sep 1992 (see r. 2) | |
30 Oct 1992 p. 5309‑10 | 30 Oct 1992 | |
30 Oct 1992 p. 5310‑11 | 30 Oct 1992 | |
26 Jan 1993 p. 823‑30 | 26 Jan 1993 | |
26 Mar 1993 p. 1840‑6 | 26 Mar 1993 | |
20 Apr 1993 p. 2103‑4 | 20 Apr 1993 | |
29 Jun 1993 p. 3166‑7 | 29 Jun 1993 | |
17 Sep 1993 p. 5054‑61 | 17 Sep 1993 | |
1 Dec 1993 p. 6451‑2 | 1 Dec 1993 (see r. 2 and | |
1 Mar 1994 p. 784-93 | 1 Mar 1994 | |
28 Jun 1994 p. 3047‑141 | 1 Aug 1994 (see r. 2) | |
1 Jul 1994 p. 3238‑9 | 1 Jul 1994 | |
22 Jul 1994 p. 3746‑8 | 22 Jul 1994 | |
26 Aug 1994 p. 4410‑13 | 26 Aug 1994 | |
26 Aug 1994 p. 4414‑15 | 26 Aug 1994 | |
9 Sep 1994 p. 4630 | 9 Sep 1994 | |
11 Nov 1994 p. 5701‑2 | 11 Nov 1994 | |
24 Jan 1995 p. 269‑72 | 24 Jan 1995 | |
24 Jan 1995 p. 272‑3 | 24 Jan 1995 | |
7 Jul 1995 p. 2819 | 7 Jul 1995 | |
24 Oct 1995 p. 4917‑21 | 24 Oct 1995 | |
10 Nov 1995 p. 5246‑7 | 10 Nov 1995 | |
9 Aug 1996 p. 3949‑51 | 9 Aug 1996 | |
13 Sep 1996 p. 4568 | 7 Apr 1997 (see r. 2 and | |
28 Oct 1996 p. 5671‑712 | 1 Nov 1996 (see r. 2) | |
1 Jul 1997 p. 3258‑60 | 21 Jul 1997 (see r. 2 and correction in | |
6 Mar 1998 p. 1177 | 6 Mar 1998 | |
6 Mar 1998 p. 1178 | 6 Mar 1998 | |
16 Jul 1999 p. 3187‑200 (as amended 5 Nov 1999 p. 5632) | 16 Jul 1999 | |
16 Jul 1999 p. 3201 | 8 Jan 2000 (see r. 2 and | |
5 Nov 1999 p. 5625‑33 | 5 Nov 1999 | |
26 Nov 1999 p. 5903‑5 | 26 Nov 1999 (see r. 2) | |
10 Mar 2000 p. 1121 | 10 Mar 2000 | |
8 May 2000 p. 2159‑232 | 1 Jun 2000 (see r. 2) | |
30 Jun 2000 p. 3417‑19 | 30 Jun 2000 | |
29 Dec 2000 p. 7917‑19 | 5 Feb 2001 (see r. 2 and | |
23 Jan 2001 p. 555‑61 | 23 Jan 2001 | |
23 Jan 2001 p. 561‑3 | 23 Jan 2001 | |
2 Feb 2001 p. 697‑701 | 2 Feb 2001 | |
29 May 2001 p. 2701‑3 | 30 Jun 2001 (see r. 2) | |
27 Jul 2001 p. 3895‑6 | 27 Jul 2001 | |
5 Oct 2001 p. 5474‑5 | 5 Oct 2001 | |
12 Apr 2002 p. 1903‑4 | 12 Apr 2002 | |
27 Sep 2002 p. 4829‑34 | 27 Sep 2002 | |
30 Jun 2003 p. 2581‑638 | 1 Jul 2003 (see r. 2 and | |
15 Aug 2003 p. 3685‑92 | 15 Sep 2003 (see r. 2) | |
21 May 2004 p. 1712 | 1 Jun 2004 (see r. 2) | |
10 Aug 2004 p. 3185 | 10 Aug 2004 | |
19 Apr 2005 p. 1294‑302 | 19 Apr 2005 | |
29 Apr 2005 p. 1791‑6 | 2 May 2005 (see r. 2) | |
29 Apr 2005 p. 1797‑802 | 2 May 2005 (see r. 2) | |
21 Feb 2007 p. 531‑96 | 1 Mar 2007 (see r. 2) | |
22 Feb 2008 p. 629‑56 | Pt. 1: 22 Feb 2008 (see r. 2(a)); Pt. 2: 23 Feb 2008 (see r. 2(b)); Pt. 3: 25 Feb 2008 (see r. 2(c)) | |
6 Feb 2009 p. 243‑5 | r. 1 and 2: 6 Feb 2009 (see r. 2(a)); Rules other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and | |
3 Jul 2009 p. 2682‑700 (printer’s correction 7 Jul 2009 p. 2719) | Pt. 1: 3 Jul 2009 (see r. 2(a)); Pt. 3: 4 Jul 2009 (see r. 2(c)); Pt. 2: 1 Nov 2010 (see r. 2(b) and the | |
22 Dec 2009 p. 5273-4 | 1 Jan 2010 (see r. 2 and | |
28 Jul 2010 p. 3433-90 | Pt. 1: 28 Jul 2010 (see r. 2(a)); Rules other than Pt. 1: 29 Jul 2010 (see r. 2(b)) | |
28 Jun 2011 p. 2551‑63 | r. 1 and 2: 28 Jun 2011 (see r. 2(a)); Rules other than r. 1 and 2: 12 Jul 2011 (see r. 2(b)) | |
12 Jun 2012 p. 2445‑53 | r. 1 and 2: 12 Jun 2012 (see r. 2(a)); Rules other than r. 1 and 2: 26 Jun 2012 (see r. 2(b)) | |
3 Aug 2012 p. 3748‑56 | r. 1 and 2: 3 Aug 2012 (see r. 2(a)); Rules other than r. 1 and 2: 11 Oct 2013 (see r. 2(b) and Cwlth Legislative Instrument No. F2013L01445 registered 26 Jul 2013) | |
15 Mar 2013 p. 1205-7 | r. 1 and 2: 15 Mar 2013 (see r. 2(a)); Rules other than r. 1 and 2: 7 Aug 2013 (see r. 2(b) and | |
23 Apr 2013 p. 1590-7 | r. 1 and 2: 23 Apr 2013 (see r. 2(a)); Rules other than r. 1 and 2: 7 May 2013 (see r. 2(b)) | |
3 May 2013 p. 1718-19 | r. 1 and 2: 3 May 2013 (see r. 2(a)); Rules other than r. 1 and 2: 17 May 2013 (see r. 2(b)) | |
17 Dec 2013 p. 6231‑7 | r. 1 and 2: 17 Dec 2013 (see r. 2(a)); Rules other than r. 1 and 2: 18 Dec 2013 (see r. 2(b)) | |
26 Sep 2014 p. 3559‑62 | r. 1 and 2: 26 Sep 2014 (see r. 2(a)); Rules other than r. 1 and 2: 27 Sep 2014 (see r. 2(b)) | |
19 Dec 2014 p. 4845-9 | r. 1 and 2: 19 Dec 2014 (see r. 2(a)); Rules other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and | |
4 Sep 2015 p. 3696‑8 | r. 1 and 2: 4 Sep 2015 (see r. 2(a)); Rules other than r. 1 and 2: 18 Sep 2015 (see r. 2(b)) | |
13 Nov 2015 p. 4644-55 | r. 1 and 2: 13 Nov 2015 (see r. 2(a)); Rules other than r. 1 and 2: 27 Nov 2015 (see r. 2(b)) | |
16 Nov 2016 p. 5185-216 | r. 1 and 2: 16 Nov 2016 (see r 2(a)); Rules other than r. 1 and 2: 23 Nov 2016 (see r. 2(b)) | |
20 Dec 2016 p. 5819‑85 | 3 Jan 2017 (see r. 2(b)) | |
24 May 2017 p. 2565‑607 | Pt. 1: 24 May 2017 (see r. 2(a)); Rules other than Pt. 1: 7 Jun 2017 (see r. 2(b)) | |
30 Jun 2017 p. 3575‑6 | r. 1 and 2: 30 Jun 2017 (see r. 2(a)); Rules other than r. 1 and 2: 1 Jul 2017 (see r. 2(b)) | |
16 Aug 2017 p. 4391‑427 | Pt. 2 (other than r. 30): 30 Aug 2017 (see r. 2(c)); r. 30: 4 Sep 2017 (see r. 2(b)) | |
1 Dec 2017 p. 5732‑3 | r. 1 and 2: 1 Dec 2017 (see r. 2(a)); Rules other than r. 1 and 2: 2 Dec 2017 (see r. 2(b)) | |
27 Feb 2018 p. 551‑624 | r. 1 and 2: 27 Feb 2018 (see r. 2(a)); Rules other than r. 1 and 2: 1 Mar 2018 (see r. 2(b)) | |
29 Jun 2018 p. 2437‑8 | r. 1 and 2: 29 Jun 2018 (see r. 2(a)); Rules other than r. 1 and 2: 30 Jun 2018 (see r. 2(b)) | |
28 Aug 2018 p. 2991‑2 | r. 1 and 2: 28 Aug 2018 (see r. 2(a)); Rules other than r. 1 and 2: 1 Sep 2018 (see r. 2(b) and | |
31 Dec 2019 p. 4677-8 | r. 1 and 2: 31 Dec 2019 (see r. 2(a)); Rules other than r. 1 and 2: 1 Jan 2020 (see r. 2(b)) | |
SL 2020/228 27 Nov 2020 | r. 1 and 2: 27 Nov 2020 (see r. 2(a)); Rules other than r. 1 and 2: 28 Nov 2020 (see r. 2(b)) | |
SL 2020/242 18 Dec 2020 | r. 1 and 2: 18 Dec 2020 (see r. 2(a)); Rules other than r. 1 and 2: 19 Dec 2020 (see r. 2(b)) | |
SL 2021/34 30 Mar 2021 | 3 May 2021 (see r. 2(b)) | |
SL 2021/65 1 Jun 2021 | r. 1 and 2: 1 Jun 2021 (see r. 2(a)); Rules other than r. 1 and 2: 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) | |
SL 2022/53 6 May 2022 | r. 1 and 2: 6 May 2022 (see r. 2(a)); Rules other than r. 1 and 2: 20 May 2022 (see r. 2(b)) | |
SL 2022/74 14 Jun 2022 | 1 Jul 2022 (see r. 2(b) and SL 2022/113 cl. 2) | |
SL 2023/16 10 Mar 2023 | r. 1 and 2: 10 Mar 2023 (see r. 2(a)); Rules other than r. 1 and 2: 25 Mar 2023 (see r. 2(b) and SL 2023/21 cl. 2) | |
SL 2024/38 26 Mar 2024 | r. 1 and 2: 26 Mar 2024 (see r. 2(a)); Rules other than r. 1 and 2: 9 Apr 2024 (see r. 2(b)) | |
SL 2024/165 7 Aug 2024 | r. 1 and 2: 7 Aug 2024 (see r. 2(a)); Rules other than r. 1 and 2: 1 Sep 2024 (see r. 2(b)) | |
A................................................................................................................ O. 4A r. 2(2)(n)
Accountant....................................................................................................... O. 1 r. 4(1)
Act.......... O. 1 r. 4(1), O. 38A r. 1(a), O. 39 r. 1(a), O. 39A r. 1(1), O. 44A r. 1(a), O. 46 r. 1, O. 75 r. 1, O. 76 r. 1, O. 80A r. 1, O. 81B r. 1(1), O. 81E r. 1, O. 81F r. 1(1), O. 81G r. 1(1), O. 81H r. 1, O. 85 r. 1(1)
action for personal injuries........................................................................... O. 36A r. 1
additional authority........................................................................................ O. 11A r. 1
addressee..................................................................................................... O. 36B r. 1(1)
Admiralty Rules........................................................................................... O. 84 r. 9(1)
ancillary order................................................................................................. O. 52A r. 1
another court................................................................................................... O. 52A r. 1
any relevant scale....................................................................................... O. 66 r. 11(1)
appeal.................................................................................................................. O. 65 r. 1
appeal notice...................................................................................................... O. 65 r. 1
applicant........................................ O. 11A r. 1, O. 52A r. 1, O. 52B r. 1, O. 75A r. 1
application .................................................................................................... O. 56 r. 1(1)
approved mediator........................................................................................... O. 4A r. 1
arbitration law................................................................................................. O. 81D r. 1
arbitrator.......................................................................................................... O. 81D r. 1
Australian diplomatic or consular agent..................................................... O. 1 r. 4(1)
B................................................................................................................ O. 4A r. 2(2)(n)
Board................................................................................................................ O. 75A r. 1
case........................................................................... O. 1 r. 4(1), O. 4A r. 1, O. 9A r. 1
case management direction............................................................................. O. 4A r. 1
case management registrar............................................................................ O. 1 r. 4(1)
case manager............................................................................... O. 1 r. 4(1), O. 4A r. 1
Cause Book...................................................................................................... O. 1 r. 4(1)
Central Authority........................................................................................... O. 11A r. 1
Central Office.................................................................................................. O. 1 r. 4(1)
certificate ................................................................................................ O. 39A r. 5(1A)
certificate of service ..................................................................................... O. 11A r. 1
certifying authority........................................................................................ O. 11A r. 1
challenged conduct ..................................................................................... O. 56 r. 1(1)
challenged decision ..................................................................................... O. 56 r. 1(1)
charge.......................................................................................................... O. 62A r. 1(3)
civil proceedings............................................................................................ O. 11A r. 1
claim............................................................................................................ O. 81G r. 1(1)
CMC List........................................................................................................... O. 4A r. 1
CMC List case.................................................................................................. O. 4A r. 1
CMC List judge................................................................................................ O. 4A r. 1
concluded............................................................................................................ O. 65 r. 1
conduct .......................................................................................................... O. 56 r. 1(1)
conduct money........................................................................................... O. 36B r. 1(1)
confiscable property declaration............................................................... O. 81FA r. 1
Confiscation Act 2000................................................................................ O. 81FA r. 1
consular agent................................................................................................. O. 1 r. 4(1)
contemnor........................................................................................................... O. 55 r. 1
Convention country........................................................................................ O. 1 r. 4(1)
costs.................................................................................................................. O. 1 r. 4(1)
Court................................................................................................................. O. 1 r. 4(2)
Court expert........................................................................................................ O. 40 r. 1
court of rendition....................................................................................... O. 81B r. 1(1)
crime‑used property substitution declaration............................................ O. 81C r. 1
criminal benefits declaration........................................................................ O. 81C r. 1
cross‑vesting laws........................................................................................... O. 81E r. 1
defendant......................................................................................................... O. 11A r. 1
described.......................................................................................................... O. 52B r. 1
description....................................................................................................... O. 26A r. 1
diplomatic agent.............................................................................................. O. 1 r. 4(1)
Director General............................................................................................. O. 81C r. 1
document................................................................................... O. 26 r. 1A, O. 26A r. 1
ECMS............................................................................................................... O. 1 r. 4(1)
Electoral Commissioner................................................................................ O. 65C r. 1
enforcement................................................................................................ O. 81B r. 1(1)
enforcement order............................................................................................ O. 4A r. 1
examiner........................................................................................................ O. 38 r. 4(1)
examination order........................................................................................ O. 81FA r. 1
expert................................................................................................................... O. 40 r. 1
file..................................................................................................................... O. 1 r. 4(1)
filed................................................................................................................... O. 1 r. 4(1)
filing.................................................................................................................. O. 1 r. 4(1)
first offer..................................................................................................... O. 24A r. 3(7)
folio................................................................................................................... O. 1 r. 4(1)
foreign judicial document............................................................................. O. 11A r. 1
form .................................................................................................................. O. 1 r. 4(1)
forwarding authority...................................................................................... O. 11A r. 1
freezing notice.............................................................................................. O. 81FA r. 1
freezing order......................................................... O. 52A r. 1 and 2(1), O. 81FA r. 1
GAA Act............................................................................................................. O. 70 r. 1
geographical address...................................................................................... O. 1 r. 4(1)
grant..................................................................................................................... O. 75 r. 1
group member................................................................................................. O. 18A r. 1
Hague Convention.......................................................................................... O. 1 r. 4(1)
independent solicitors............................................................................... O. 52B r. 6(1)
initiating process............................................................................................ O. 11A r. 1
inspection......................................................................................................... O. 26 r. 1A
Inactive Cases List......................................................................................... O. 4A r. 21
interested non-party......................................................................................... O. 9A r. 1
interim order....................................................................................................... O. 65 r. 1
interstate confiscation declaration............................................................ O. 81FA r. 1
interstate freezing order.............................................................................. O. 81FA r. 1
interstate lawyer............................................................................................. O. 75A r. 1
issuing officer............................................................................................ O. 36B r. 1(1)
issuing party............................................................................................... O. 36B r. 1(1)
judgment.......................................................................................................... O. 52A r. 1
land...................................................................................................................... O. 53 r. 1
limitation period .......................................................................................... O. 56 r. 1(1)
list of documents.......................................................................................... O. 26 r. 5(3)
local judicial document................................................................................. O. 11A r. 1
local roll........................................................................................................... O. 75A r. 1
master............................................................................................................... O. 1 r. 4(1)
medical evidence............................................................................................ O. 36A r. 1
medical report................................................................................................. O. 36A r. 1
monitoring order.......................................................................................... O. 81FA r. 1
month..................................................................................................................... O. 3 r. 1
mortgage....................................................................................... O. 62A r. 1(2) and (3)
non‑party.................................................................................... O. 26A r. 3(2) and 5(1)
object........................................................................................................ O. 4A r. 2(2)(n)
objection........................................................................................................ O. 81FA r. 1
objector......................................................................................................... O. 75A r. 2C
officer............................................................................................................... O. 1 r. 4(1)
official channel.................................................................................................. O. 11 r. 1
originating process............................................................................................ O. 10 r. 1
originating summons...................................................................................... O. 1 r. 4(1)
party................................................................................................................ O. 28 r. 1(6)
person under disability........................................................... O. 66 r. 24(1), O. 70 r. 1
place of rendition....................................................................................... O. 81B r. 1(1)
plaintiff................................................................................................................ O. 25 r. 4
possession........................................................................................................ O. 26A r. 1
potential party............................................................................ O. 26A r. 3(1) and 4(1)
premises........................................................................................................... O. 52B r. 1
prescribed fee.................................................................................................. O. 1 r. 4(1)
prescribed rate............................................................................................... O. 51 r. 7(3)
primary court...................................................................................................... O. 65 r. 1
primary court case...................................................................................... O. 65 r. 11(1)
primary court’s transcript................................................................................ O. 65 r. 1
privilege........................................................................................................... O. 36A r. 1
probate action.......................................................................... O. 1 r. 4(1), O. 73 r. 1(2)
proceeding........................................................................................................ O. 81E r. 1
process................................................................................................................. O. 11 r. 1
production order........................................................................................... O. 81FA r. 1
proper officer................................................................................................... O. 1 r. 4(1)
provisional decision..................................................................................... O. 65 r. 7(2)
receiver............................................................................................................. O. 1 r. 4(1)
record........................................................................................................... O. 52B r. 5(1)
registrar............................................................................................................ O. 1 r. 4(1)
Registry....................................................................................... O. 73 r. 1(3), O. 75 r. 1
remedy ........................................................................................................... O. 56 r. 1(1)
representative party....................................................................................... O. 18A r. 1
representative proceeding............................................................................. O. 18A r. 1
Representative Proceedings List............................................................ O. 18A r. 3(1)
represented person............................................................................................ O. 70 r. 1
request for service abroad............................................................................. O. 11A r. 1
request for service in this jurisdiction........................................................ O. 11A r. 1
respondent................................................................................. O. 52A r. 1, O. 52B r. 1
review order............................................................................................... O. 56A r. 1(1)
reviewable conduct ..................................................................................... O. 56 r. 1(1)
reviewable decision .................................................................................... O. 56 r. 1(1)
RTA.................................................................................................................. O. 81C r. 1
rules................................................................................................................... O. 1 r. 4(1)
rules of Court................................................................................................... O. 1 r. 4(1)
said Act....................................................................................... O. 62 r. 1(1), O. 80 r. 1
search order..................................................................................................... O. 52B r. 1
second offer................................................................................................ O. 24A r. 3(7)
section................................... O. 46 r. 1, O. 56A r. 1(1), O. 81F r. 1(1), O. 85 r. 1(1)
service details.................................................................................................. O. 1 r. 4(1)
settlement.................................................................................................... O. 70 r. 10(3)
sham transaction order................................................................................ O. 81FA r. 1
special federal matter..................................................................................... O. 81E r. 1
subpoena..................................................................................................... O. 36B r. 1(1)
subpoena to attend to give evidence...................................................... O. 36B r. 1(2)
subpoena to produce................................................................................. O. 36B r. 1(3)
sufficient time......................................................................................... O. 11A r. 10(3)
Supreme Court (full bench).......................................................................... O. 75A r. 1
Supreme Court roll........................................................................................ O. 75A r. 1
suspension order.......................................................................................... O. 81FA r. 1
taxing officer................................................................................................... O. 1 r. 4(1)
testamentary script........................................................................................ O. 73 r 1(3)
these rules........................................................................................................ O. 1 r. 4(1)
third party................................................................................................... O. 52A r. 5(5)
this jurisdiction............................................................................................... O. 11A r. 1
to file................................................................................................................. O. 1 r. 4(1)
trial.................................................................................................................... O. 1 r. 4(1)
tribunal........................................................................................................... O. 31 r. 8(6)
unexplained wealth declaration................................................................. O. 81FA r. 1
will.................................................................................................................. O. 73 r. 1(3)
working day..................................................................................................... O. 1 r. 4(1)
writ............................................................................................ O. 1 r. 4(1), O. 56 r. 1(1)
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