Rules of the Supreme Court of the Australian Capital Territory 1937 (Amendment) (Cth)

STATUTORY RULES.

1956. No. 135.

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY.

Rules of Court.*

(As of Wednesday, the nineteenth day of December, 1956.)

PURSUANT to the Australian Capital Territory Supreme Court Act 1933-1956, it is ordered that, on the thirty-first day of December, 1956, the following Rules of Court, amending the Rules of the Supreme Court of the Australian Capital Territory , shall come into operation:—

Table.

1. The table of Orders appearing immediately before Part I. is amended by adding at the end thereof the following words and figures:—

“PART 5.—FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT).

Order 73.—Registration of Foreign Judgments.
Order 74.—Certified Copies of Judgments.

PART 6.—COMPANIES.

Order 75.—I.—Preliminary.
II.—Application of New South Wales Companies Rules, 1945.
III.—Investigation of Affairs of a Company.”.

Repeal.

2. Rule 2 of Order 1 is repealed.

Parts.

3. Rule 3 of Order 1 is amended by adding at the end thereof the following words and figures:—

“Part 5.—Foreign Judgments (Reciprocal Enforcement).
“Part 6.—Companies.”.

Time for appearance to be limited by writ.

4.—(1.) Rule 6 of Order 3 is amended—

(a) by omitting paragraphs (b) and (c) and inserting in their stead the following paragraph:—
“(b) in the case of a writ to be served in a State of the Commonwealth other than the State of Western Australia—twenty days;”; and
(b) by omitting from paragraph (d) the words “twenty-eight days” and inserting in their stead the words “thirty days”.

(2.) The amendments effected by the last preceding sub-rule apply to, and in relation to, writs of summons issued on or after the thirty-first day of December, 1956.

* Notified in the Commonwealth Gazette on, 1956.

Statutory Rules 1937, No. 85, as amended by Statutory Rules 1938, No. 99; 1939, Nos. 48 and 61; and 1950, No. 22.

7034/56.—Price 1s. 12/13.12.1956.

Indorsement of notice as to stay of proceedings.

5.—(1.) Rule 6 of Order 4 is amended by omitting the figures “4 14 6” (wherever occurring) and inserting in their stead the figures “7 7 0”.

(2.) The amendments effected by the last preceding sub-rule apply to, and in relation to, writs of summons issued on or after the thirty-first day of December, 1958.

Scale of costs.

6. Rule 7 of Order 65 is amended by omitting sub-rule (2.).

In special circumstances higher remuneration may be allowed for attendance at Chambers.

7. Rule 34 of Order 65 is repealed and the following rule inserted in its stead:—

“34. As to the attendance at the Judge’s Chambers, where, from the length of the attendance, or from the difficulty of the case, the Judge thinks the highest of the fees an insufficient remuneration for the services performed, or where the preparation of the case or matter to lay it before the Judge, has required skill and labour for which no fee has been allowed, or in proceedings to wind up a company, the Judge may allow such fee as in his discretion he thinks fit, and where the preparation of the case or matter to lay it before a Judge in Chambers on a summons has required and received from the solicitor such extraordinary skill and labour as materially to conduce to the satisfactory and speedy disposal of the business, and therefore appears to the Judge to deserve higher remuneration than the ordinary fees, the Judge may allow the solicitor, by memorandum in writing expressly made for that purpose and signed by the Judge specifying distinctly the grounds of such allowance, such fee as the Judge in his discretion thinks fit.”.

Rate of payment for copies of documents.

8.—(1.) Rule 41 of Order 65 is amended by omitting the figure and letter “6d.” and inserting in their stead the words “One shilling”.

(2.) The amendment effected by the last preceding sub-rule applies to, and in relation to, copies of or extracts from documents to which rule 41 of Order 65 applies taken on or after the thirty-first day of December, 1956.

Tender of costs for perusing petition where notice that appearance not required.

9. Rule 42 of Order 65 is amended by omitting the symbol, figures and letter “£2. 2s.” and inserting in their stead the words “Three pounds three shillings”.

Refreshers.

10. Rule 71 of Order 65 is amended by omitting all the words after the word “Judge,” and inserting in their stead the words “be such an amount as the taxing officer thinks fit.”.

Clerk’s fees.

11.—(1.) Rule 74 of Order 65 is repealed.

(2.) The amendment effected by the last preceding sub-rule applies to, and in relation to, briefs delivered, consultations and conferences held and retainers given, on or after the thirty-first day of December, 1956.

Fees.

12. Rule 1 of Order 70 is amended by omitting sub-rule (1.) and inserting in its stead the following sub-rule:—

“(1.) The fees and charges set out in the Fifth Schedule shall, in respect of the matters to which they relate, be taken—

(a) in the Court;
(b) by the several officers of the Court; or

(c) by a Commissioner or other person appointed to take evidence,

as the case may be.”.

13. After Rule 3 of Order 70 the following rule is inserted in that Order:—

Deposit of expenses.

“4.—(1.) Where an appointment is given for the examination of a witness before an officer of the Court, the officer may require the person for or on whose behalf the appointment is given to deposit with the officer a sufficient sum of money to answer the probable fees and expenses of the officer in respect of the examination and to undertake to pay the amount by which those actual fees and expenses exceed the sum of the amount paid under item 16 contained in the Fifth Schedule and the amount deposited under this rule.

“(2.) An officer who takes a deposit under this rule shall give a memorandum containing particulars of the amount so deposited.”.

Interpretation.

14. Rule 1 of Order 72 is amended by omitting the definitions of “the Public Trustee” and “the Registrar-General”.

Application for probate.

15. Rule 6 of Order 72 is amended—

(a) by omitting from paragraph (j)of sub-rule (1.) the word “is” and inserting in its stead the word “it”; and
(b) by omitting paragraph (k) of that sub-rule.

Application for administration.

16. Rule 14 of Order 72 is amended by omitting paragraph (i).

Application to collect and administer.

17. Rule 60 of Order 72 is amended by omitting paragraph (e) of sub-rule (1.).

18. After Part 4 the following Parts are inserted:—

“PART 5.—FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT).

“ORDER 73.

“Registration of Foreign Judgments.

Definition.

“1. In this Order, ‘the Ordinance’ means the Foreign Judgments (Reciprocal Enforcement) Ordinance 1954.

Application for registration.

“2. An application under section six of the Ordinance to have a judgment to which Part II. of the Ordinance applies registered in the Supreme Court may be made ex parte to the Court or to the Judge sitting in Chambers.

Evidence in support of application.

“3.—(1.) An application for registration shall be supported by an affidavit—

(a) exhibiting a certified copy of the judgment issued by the original court and authenticated by its seal and, if the judgment is not in the English language, a translation of the judgment certified by a notary public and authenticated by affidavit;
(b) stating to the best of the information and belief of the deponent—
(i) that the applicant is entitled to enforce the judgment;

(ii) that at the date of the application the judgment has not been satisfied, or, if the judgment has been satisfied in part, what the amount is in respect of which it remains unsatisfied;
(iii) that at the date of the application the judgment can be enforced by execution in the country of the original court;
(iv) that if the judgment were registered, the registration would not be, or be liable to be, set aside under section eight of the Ordinance; and
(c) specifying the amount of the interest, if any, which under the law of the country of the original court has become due under the judgment up to the time of registration,

and shall be accompanied by such other evidence with respect to the matters referred to in sub-paragraph (iii) of paragraph (b) or in paragraph (c) of this sub-rule as may be required having regard to the provisions of the Proclamation declaring Part II. of the Ordinance to extend in relation to the country of the original court.

“(2.) Where the sum payable under the judgment is expressed in a currency other than Australian currency, the affidavit shall also state the amount which that sum represents in Australian currency calculated at the rate of exchange prevailing at the date of the judgment.

“(3.) The affidavit shall also state the full name, title, trade or business and the usual or last known place of abode or of business of the judgment creditor and the judgment debtor, respectively, as far as known to the deponent.

“(4.) Where a judgment is in respect of different matters, and some, but not all, of the provisions of the judgment are such that, if those provisions had been contained in separate judgments, those judgments could properly have been registered, the affidavit shall state the provisions in respect of which it is sought to register the judgment.

Security for costs.

“4. The Court or the Judge may, in respect of an application for registration, order the judgment creditor to find security for the costs of the application and of any proceedings which may thereafter be brought to set aside the registration.

Title of affidavit and summons.

“5. The affidavit shall be intituled—

‘In the matter of the Foreign Judgments (Reciprocal Enforcement) Ordinance 1954, and in the matter of a judgment of the [describing the Court] obtained in the [describing the cause or matter] and dated the
day of 19

Order on application for registration.

“6.—(1.) An order giving leave to register a judgment shall be drawn up by, or on behalf of, the judgment creditor.

“(2.) It shall not be necessary to serve the order on the judgment debtor.

“(3.) The order shall state the period fixed by the Court or the Judge within which an application may be made to set aside the registration and shall contain a notification that execution on the judgment will not issue until after the expiration of that period.

“(4.) The Court or the Judge sitting in Chambers may, on an application made at any time while it remains competent for a party to apply to have the registration set aside, grant an extension of the period (either as originally fixed or as subsequently extended) during which an application to have the registration set aside may be made.

“7. There shall be kept in the Registrar’s office a register of the judgments ordered to be registered under the Ordinance.

Notice of registration.

“8.—(1.) Notice in writing of the registration of a judgment shall be served on the judgment debtor—

(a) if within the jurisdiction, by personal service as in the case of a writ of summons, unless another mode of service is ordered by the Court or the Judge;
(b) if out of the jurisdiction, in accordance with the provisions of these Rules relating to the service of a writ of summons out of the jurisdiction, except that special leave to serve out of the jurisdiction is not required.

“(2.) The notice of registration shall state—

(a) full particulars of the judgment registered and the order for registration;
(b) the name and address of the judgment creditor or of his solicitor or agent on whom, and at which, a summons issued by the judgment debtor may be served;
(c) the right of the judgment debtor to apply on the grounds provided in the Ordinance to have the registration set aside; and
(d) in accordance with the terms of the order giving leave to register, within what time from the date of service of the notice an application to set aside may be made.

Endorsement of service.

“9.—(1.) Within three days after the day of service or within such extended period as may, in special circumstances, be allowed by order of the Judge, the notice of registration or a copy of the notice shall be endorsed by the person serving it with the day of the month and of the week on which service was effected, and, if the notice or copy is not so endorsed, the judgment creditor is not at liberty to issue execution on the judgment without the leave of the Court or the Judge.

“(2.) An affidavit of service of a notice shall state on what day the endorsement was made.

Application to set aside registration.

“10.—(1.) An application to set aside the registration of a judgment shall be made by summons to the Court or the Judge sitting in Chambers and shall be supported by affidavit.

“(2.) A summons for the purpose of this rule shall be an ordinary summons intituled in the same manner as the affidavit referred to in rule 5 of this Order.

“(3.) On an application to set aside the registration of a judgment, the Court or the Judge may direct that an issue between the judgment creditor and the judgment debtor shall be stated and tried and may give such directions in relation to the trial of the issue as may be necessary.

Issue of execution.

“11.—(1.) Execution shall not issue on a registered judgment until after the expiration of the period which, in accordance with the provisions of sub-rule (3.) of rule 6 of this Order, is specified in the order giving leave to register as the period within which an application may be made to set aside the registration, or, if an order is made extending the period so specified, until after the expiration of the extended period.

“(2.) If an application is made to set aside the registration of a judgment, execution shall not issue until the application has been disposed of.

“(3.) The party desirous of issuing an execution upon a registered judgment shall produce to the proper officer an affidavit of the service of the notice of registration and of any order made by the Court in relation to the judgment registered.

Form of writ of execution.

“12. In the case of a registered judgment the form of a writ of execution shall be varied as follows:—

For the words ‘which said sum of money and interest were lately before us in the Supreme Court of the Australian Capital Territory’ &c., there shall be substituted the words ‘which said sum of money and interest were lately in [describing the Court in which judgment was obtained],’&c. ‘and which judgment has been duly registered in the Supreme Court of the Australian Capital Territory pursuant to the Foreign Judgments (Reciprocal Enforcement) Ordinance 1954’.

Determination of certain questions.

“13. If a question arises whether a judgment to which Part II. of the Ordinance applies could be enforced by execution in the country of the original court, or what interest is payable under that judgment under the law of that country, proof in relation to that question may be given in accordance with the provisions, if any, in that behalf, contained in the Proclamation declaring that Part to extend in relation to that country.

“ORDER 74.

“Certified Copies of Judgments.

Application for certified copy of judgment of the Supreme Court.

“1.—(1.) An application under section thirteen of the Foreign Judgments (Reciprocal Enforcement) Ordinance 1954 for a certified copy of a judgment obtained in the Court shall be made ex parte to the Registrar on an affidavit made by the judgment creditor or his solicitor.

“(2.) An affidavit for the purposes of this rule shall—

(a) give particulars of the proceedings in which the judgment was obtained;
(b) have annexed to it a copy of the writ of summons or the originating summons by which the proceedings were instituted, the evidence of service thereof upon, or appearance by, the defendant, copies of the pleadings, if any, in the proceedings, and a statement of the grounds on which the judgment was based;
(c) state whether the defendant did or did not object to the jurisdiction, and, if so, on what grounds;
(d) show—
(i) that the judgment is not subject to a stay of execution;

(ii) that no notice of appeal against it has been entered; and
(iii) whether the time for appealing has expired; and
(e) state the rate at which the judgment carries interest.

Issue of certified copies.

“2. Where an application for a certified copy of a judgment is duly made under this rule, there shall be issued an office copy of the judgment sealed with the seal of the Court and certified by the Registrar as follows:—

‘I certify that the above copy judgment is a true copy of a judgment obtained in the Supreme Court of the Australian Capital Territory and is issued in accordance with section thirteen of the Foreign Judgments (Reciprocal Enforcement) Ordinance 1954.

(Signed)................................

Registrar.’

together with the following further certificates also under the seal of the Court and certified by the Registrar:—

(a) a certificate giving particulars of the proceedings in which the judgment was obtained and having annexed to it—
(i) a copy of the writ of summons, or originating summons, by which the proceedings were instituted;
(ii) a copy of the pleadings, if any, in the proceedings; and
(iii) a statement showing the manner in which the writ of summons, or originating summons, was served on the defendant, or that the defendant appeared to the writ or summons, the objections, if any, made to the jurisdiction, the grounds on which the judgment was based and such other particulars as it may be necessary to give to the tribunal in which it is sought to obtain execution of the judgment; and
(b) a certificate stating the rate at which the judgment carries interest.

“PART 6.—COMPANIES.

“ORDER 75.

“I.—Preliminary.

Definitions.

“1. In this Part, unless the contrary intention appears—

‘the Companies Act’ means the Companies Act, 1936 of the State, in its application to the Territory by force of the Ordinance;
‘the Companies Rules, 1945’ means the Companies Rules, 1945 of the Supreme Court of the State;
‘the Ordinance’ means the Companies Ordinance 1954;
‘the State’ means the State of New South Wales.

“II.—Application of New South Wales Companies Rules, 1945.

Application of Companies Rules of New South Wales.

“2. The provisions of the Companies Rules, 1945 apply in the Territory as if they were incorporated in these Rules, subject to the next succeeding rule and to the modifications set out in the Seventh Schedule to these Rules.

Interpretation.

“3. In the application of the Companies Rules, 1945 by virtue of the last preceding rule—

(a) a reference in those Rules to the Minister or to the Attorney-General shall be read as a reference to the Attorney-General of the Commonwealth;
(b) a reference in those Rules to the Court, the Supreme Court or the Supreme Court in its Equitable Jurisdiction shall be read as a reference to the Supreme Court of the Territory;
(c) a reference in those Rules to a Judge or Judges, the Judge, the Chief Judge in Equity or a Judge sitting in Equity shall be read as a reference to the Judge of the Supreme Court;
(d) a reference in those Rules to the Master in Equity or the Master shall be read as a reference to the Registrar of the Supreme Court;
(e) a reference in those Rules to the Equity Office or the Master’s Office shall be read as a reference to the Registrar’s office;
(f) a reference in those Rules to the Registrar-General shall be read as a reference to the person for the time being occupying the office or performing the functions of Registrar of Companies under the Ordinance;
(g) a reference in those Rules to New South Wales, the State of New South Wales or the State shall be read as a reference to the Territory (including the Jervis Bay Territory);
(h) the expression ‘the Act’ in those Rules shall be read as referring to the Companies Act;
(i) the expression ‘these Rules’, ‘the Rules’, ‘the Rules made thereunder’ or ‘the Companies Rules, 1945’ in those Rules shall be read as referring to the Companies Rules, 1945 in their application to the Territory, and a reference to a particular rule shall be read as a reference to that rule in the Companies Rules, 1945, in that application;
(j) a reference in those Rules to a particular Act of the State shall be read as a reference to that particular Act in its application in the Territory;

(k) a reference in those Rules to the Government Gazette or the Gazette shall be read as a reference to the Commonwealth of Australia Gazette;
(l) a reference in those Rules to Sydney shall be read as a reference to Canberra;
(m)a reference in those Rules to the General Post Office shall be read as a reference to the Post Office, Canberra;
(n) the expression ‘solicitor’ in those Rules shall be read as referring to a legal practitioner; and

(o) a reference in those Rules to a commissioner for affidavits shall be read as a reference to a person authorized under the law of the Commonwealth or of a State to take affidavits.

“III.—Investigation of Affairs of a Company.

Application under section 13 of the Companies Ordinance.

“4. An application to the Court for a declaration that the affairs of a company ought to be investigated under section 13 of the Ordinance shall be made by motion.

Certificate of inspector under section 15 of the Companies Ordinance.

“5. A certificate of an inspector who is appointed under Part IV. of the Ordinance made for the purposes of sub-section (3.) of section 15 of the Ordinance shall be filed with the Registrar.

Application to inquire into the refusal or failure of officer or agent of a company to be sworn, &c.

“6. An application by an inspector appointed under Part IV. of the Ordinance for an inquiry by the Court into a case in pursuance of sub-section (3.) of section 15 of the Ordinance shall be made by motion founded on affidavit to which is attached an office copy of the inspector’s certificate filed under the last preceding rule.

Application under section 15 (4.) of the Companies Ordinance.

“7. An application by an inspector appointed under Part IV. of the Ordinance for an order under sub-section (4.) of section 15 of the Ordinance shall be made by summons.

Form of motions, &c., under Part IV. of the Companies Ordinance.

“8.—(1.) A notice of motion, summons, affidavit or other document in proceedings under Part IV. of the Ordinance, shall be dated and shall, with necessary modifications, be intituled as in Form 1 in the Schedule to the Companies Rules, 1945 in their application by virtue of these Rules.

“(2.) A notice of motion or summons under Part IV. of the Ordinance shall, except in a case of urgency, be made returnable on a day appointed for the sitting of the Court in company matters.”.

Third Schedule.

19. The Third Schedule is amended by omitting Form 11.

Fourth Schedule.

20. The Fourth Schedule is repealed and the following Schedule inserted in its stead:—

FOURTH SCHEDULE.

O. 65 r. 7.

COSTS.

Writs.

£	s.	d.
1. Writ of summons for the commencement of an action or other writ not specially provided for or other originating process............................................................................................................................	1	10	0
2. Endorsement of claim (if special).....................................................................................................	0	15	0
3. If more than three folios, for every extra folio................................................................................	0	3	0
4. Concurrent writ of summons.............................................................................................................	0	15	0
5. Writ of mandamus...............................................................................................................................	1	10	0
6. Writ of subpoena duces tecum...........................................................................................................	0	15	0
7. Writ of subpoena ad testificandum for any number of persons...................................................	0	15	0
8. Writ of fieri facias or of possession, including attending to lodge with Sheriff, but not including Sheriff’s fees...............................................................................................................................................................	2	2	0
9. Writ of execution or other writ to enforce a judgment or order...................................................	1	1	0
10. Procuring a writ of execution or notice to the Sheriff marked with a seal of renewal.............	0	12	0

Fourth Schedule—continued.

£	s.	d
11. Notice thereof to serve on the Sheriff, and service......................................................................	0	12	0
12. Any other writ not specified above................................................................................................	1	10	0
13. If any of the above writs (except writs of summons) exceed four folios, for each extra folio	0	3	0
These costs include all endorsements, and copies or praecipes for the officers sealing them, and attendances to issue or seal, but not the Court fees.

Summonses and Warrants.

14. Summons to attend at Judge’s Chambers..................................................................................... or	1	1	0
If special, at taxing officer’s discretion, not exceeding..............................................................	2	2	0
15. Originating summons for proceedings in Chambers (including drawing, engrossing, and copy to file)..............................................................................................................................................................	2	2	0
or At taxing officer’s discretion, not exceeding................................................................................	3	3	0
16. Attending to issue, including attendance to get date of return fixed........................................	1	0	0
17. An allowance is not to be made for praecipes unless special and exceeding three folios

Services and Notices.

18. Service, or filing in lieu of service, of any writ, summons, warrant, interrogatories, petition, order or notice on a party
(a) where service by post is authorized..................................................................................	0	5	0
(b) where an appearance has been entered and service is at the address for service for the purpose of the appearance.........................................................................................................................	0	10	0
(c) where an appearance has not been entered and service by post is not authorized....	1	1	0
19. If served at a distance of more than three miles from the nearest place of business or office of the solicitor serving the same, according to the time occupied and fares paid.
20. When, in consequence of the distance of the party to be served, it is proper to effect service through an agent, for correspondence............................................................................................................................	1	1	0
In addition, correspondent’s charges..........................................................................................	2	2	0
or The amount actually and reasonably charged by and paid to the person serving.
21. When more than one attendance is necessary to effect service, or to ground an application for substituted service, such further allowances may be made as the taxing officer thinks fit.
22. For service out of the jurisdiction such allowance is to be made as the taxing officer thinks fit.
23. Where a writ, order and notice, or any two of them, are or have to be served together, one fee only for service is to be allowed.
24. Notice of an appointment before an officer of the Court, including copy and service, when that notice is necessary.............................................................................................................................................	0	15	0
25. The amount to be allowed as fees properly paid for service of a writ, or any other document which requires personal service, shall be as follows:—
(a) If served by the nearest Sheriff’s officer, the amount properly paid to the Sheriff or to the officer in accordance with the scale of fees in force for the time being.
(b) If served by any other person, the amount (not exceeding the amount payable under the last preceding sub-item) actually paid to that person, consisting of—
(i) the fee paid for swearing the affidavit of service;
(ii) reasonable and necessary expenses of travelling and sustenance; and
(iii) a fee of £1 with an additional £1 for each day necessarily occupied after the first day.

Fourth Schedule—continued.

£	s.	d.
(c) Where more than one attendance is necessary, but can be made on the same day, an additional allowance shall not be made.
(d) If served by an officer of a Court in a State or Territory of the Commonwealth, the same amount as would be payable to that officer in respect of the service of process issued out of the Court of which he is an officer.

Allowances for Copies, Notices, etc.

26. Copy writ for service........................................................................................................................	0	3	0
or Per folio, excluding printed matter................................................................................................	0	1	0
27. Preparing notice to produce on the hearing of any cause or matter, or notice to admit, including copy and service, not exceeding two folios, excluding printed matter....................................................	1	0	0
28. For each additional folio beyond two folios, excluding printed matter.................................	0	5	0
29. Notice of originating motion.........................................................................................................	1	0	0
30. Notice of interlocutory motion......................................................................................................	0	15	0
or Per folio...............................................................................................................................................	0	4	0
31. Copy for service...............................................................................................................................	0	5	0
or Per folio...............................................................................................................................................	0	1	0
32. Notice of an appointment before an officer of the Court, including copy and service, when that notice is necessary...........................................................................................................................................	0	15	0
33. Preparing any necessary or proper notice not otherwise provided for, including copy and service	0	15	0
or If special and necessarily exceeding three folios, in addition, for each folio beyond three folios	0	4	0
34. When special, for each copy for service, for each folio beyond three folios..........................	0	1	0
35. Copy interrogatories, petitions and orders, with necessary notices (if any) to accompany for service, per folio.............................................................................................................................................................	0	1	0
36. Except as otherwise provided, the allowance for service includes the copy for service.
37. Where notice of filing an affidavit is required, only one notice is to be allowed for a set of affidavits filed together, or which, in the opinion of the taxing officer ought to have been filed together.
38. When an appointment is or ought to be adjourned, service of a notice of the adjournment or next appointment is not to be allowed as a matter of course.

Appearances.

39. Preparing and entering an appearance.........................................................................................	1	0	0
40. If entered at one time, for more than one defendant, for each defendant beyond the first.	0	3	0
41. If not entered at the one time, an additional allowance shall not be made unless, in the opinion of the taxing officer, it was not practicable to enter the appearances at the one time.
42. If a person appearing to a writ of summons to recover land limits his defence by his memorandum of appearance, in addition to the above........................................................................................	0	10	0
43. Sealed copy appearance for service.............................................................................................	0	2	0

Instructions.

44. To sue or defend............................................................................................................................

45. For statement of claim or petition...............................................................................................

Such amount as the taxing officer thinks fit.

Fourth Schedule—continued.

£	s.	d.
46. For special case.................................................................................................................................	2	10	0
or Such amount as the taxing officer thinks fit.
47. For defence, further defence, plea or answer...............................................................................	2	2	0
or Such amount as the taxing officer thinks fit.
48. For counter-claim.............................................................................................................................	2	2	0
or Such amount as the taxing officer thinks fit.
49. For reply, when defendant sets up a counter-claim....................................................................	2	2	0
or Such amount as the taxing officer thinks fit.
50. For reply or further reply in any other case, with or without joinder of issue........................ or	1	1	0
Such amount as the taxing officer thinks fit.
51. For confession of defence............................................................................................................... or	1	1	0
Such amount as the taxing officer thinks fit.
52. For special petition, any other pleading (not being a summons), and interrogatories for examination of a party or witness......................................................................................................................................... or	2	2	0
Such amount as the taxing officer thinks fit.
53. For statement of facts in an action or for particulars of breaches, or objections, in an action for infringement of a patent, such fee may be allowed as the taxing officer thinks fit, having regard to all the circumstances of the case.
54. To amend a pleading........................................................................................................................	1	1	0
55. For affidavit in answer to interrogatories and other special affidavits...................................	0	15	0
or Such amount as the taxing officer thinks fit.
56. For documents to be brought into the Registrar’s Office, such as accounts, &c...................	0	15	0
or Such amount as the taxing officer thinks fit.
57. For or in opposition to a motion to be made in Court, or an application in Chambers........	0	15	0
or Such amount as the taxing officer thinks fit.
58. To appeal against an order of the Court or Judge, and to appear therein................................ or	2	0	0
Such amount as the taxing officer thinks fit.
59. To add parties by order of the Court or Judge.............................................................................	0	12	0
60. For counsel to advise on evidence when the evidence-in-chief is to be taken orally...........	1	1	0
or Such amount as the taxing officer thinks fit.
61. For bond or any other deed.............................................................................................................	0	15	0
62. To retain counsel, including preparation of retainer...................................................................	0	15	0
63. For brief on application in Chambers...........................................................................................	1	10	0
or Such amount as the taxing officer thinks fit.
64. For brief, such fee may be allowed as the taxing officer thinks fit, having regard to all the circumstances of the case, and to other allowances, if any, for attendances on witnesses and procuring evidence.
65. An allowance in the nature of instructions for brief may be allowed to a solicitor when he conducts the cause or matter himself.

Fourth Schedule—continued.

£	s.	d.
Drawing Pleadings and Other Documents.
66. Statement of claim or petition.......................................................................................................	1	10	0
or Per folio.............................................................................................................................................	0	2	6
67. Defence, plea or answer.................................................................................................................	1	10	0
or Per folio.............................................................................................................................................	0	2	6
68. Counter-claim...................................................................................................................................	1	10	0
or Per folio.............................................................................................................................................	0	2	6
69. Reply with or without joinder of issue, confession of defence, and any pleading not being a petition or summons) and amendments of any pleading..............................................................................	1	10	0
or Per folio.............................................................................................................................................	0	2	6
70. Particulars, breaches and objections, when required.................................................................	0	10	0
or Such amount as the taxing officer thinks fit, not exceeding per folio......................................	0	2	6
71. Special case, whether original or in an action, affidavits in answer to interrogatories and other affidavits and interrogatories, per folio.................................................................................................................	0	2	6
72. Affidavits verifying pleadings or other documents, such allowance as the taxing officer thinks fit.
73. Briefs, including necessary and proper observations, per folio...................................................	0	2	6
74. Brief to hear reserved judgment, including copy (not allowed in chamber applications)......	0	12	0
75. Accounts, statements, and other documents when required, not exceeding per folio.............	0	2	6
76. Advertisements to be signed by an officer of the Court or Judge, including attendance therefor	0	15	0
or Per folio...............................................................................................................................................	0	2	6
77. Bill of costs for taxation including copy for the taxing officer, per folio..................................	0	2	6
78. Not more than one affidavit of increase is to be allowed unless, in the opinion of the taxing officer, more than one affidavit is necessary.
79. Endorsement of fiat on petition or copy thereof or of citation on statement of claim............

1	1	0
80. Preparing certificate of non-appearance, or as to funds, including copy for signature...........	0	7	6
81. Affidavit of service of any writ or other proceedings, including copy, where, in the opinion of the taxing officer, such affidavit was required..................................................................................................	1	1	0
82. Marking each annexure or exhibit to an affidavit.........................................................................	0	1	6
83. Any other document not specially provided for, per folio...........................................................	0	2	6
Copies.
84. Of pleadings, briefs, and other documents, where no other provision is made, per folio.......	0	1	3
85. If copy is attested, per folio...............................................................................................................	0	1	6
86. Close copies are not to be allowed as of course, but the allowance shall depend upon the propriety of making or sending the copies, which in each case is to be shown to, and considered by, the taxing officer.
87. Carbon copies, per folio.....................................................................................................................	0	0	8
88. Inserting amendments in written copies when made under order of the Court or Judge........	0	7	6
or Per folio.............................................................................................................................................	0	2	6
89. For completing and filling in printed forms, except as otherwise provided, such allowance as the taxing officer deems reasonable.
90. An allowance shall not be made for letterpress copies, or for carbon copies which are not clear and legible.

Fourth Schedule—continued.

£	s.	d.
Perusals.
91. Of statement of claim, plea, petition, answer, defence, reply or other similar pleading, or of a notice of motion, by the solicitor of the party to whom the same is delivered, per folio........................	0	1	6
92. Of amendment of such a pleading in writing, per folio of amendment....................................	0	1	6
93. Of interrogatories to be answered by a party or his solicitor, per folio.....................................	0	3	0
94. Of special case, particulars and objections, or statement of facts by the solicitor of party, except the one by whom it is prepared, per folio......................................................................................................	0	1	6
95. Of copy order to add parties..............................................................................................................	0	12	0
96. Of notice to produce on trial or hearing of action, and notice to admit, by the solicitor of the party served................................................................................................................................................................	1	1	0
or If to admit facts, per folio...................................................................................................................	0	3	0
97. Of affidavit in answer to interrogatories, by the solicitor of the party interrogating, of affidavit or list of documents, and of other special affidavits, by the solicitor of the party against whom the same can be read, per folio.......................................................................................................................................	0	1	6
98. Of deeds, accounts, and any other documents when no other provision is made...................	0	1	6
99. Of exhibits or annexures to affidavits or other documents, evidence taken on commission or de bene esse, such allowance as the taxing officer thinks fit, not exceeding per folio..........................	0	1	6

Attendances.

100. To obtain consent of next friend to sue in his name, or of a guardian ad litem.....................	0	15	0
101. To inspect, or produce for inspection, documents pursuant to a notice to admit..................	0	12	0
or Per hour.................................................................................................................................................	1	5	0
102. To examine and sign admissions...................................................................................................	0	18	0
or Per folio.................................................................................................................................................	0	3	0
103. To inspect, or produce for inspection, documents referred to in any pleading, notice in lieu of pleading, or affidavit................................................................................................................................................ or	0	12	0
Per hour.................................................................................................................................................	1	5	0
104. To obtain or give any necessary or proper consent or undertaking.........................................	0	12	0
105. To obtain an appointment to examine witnesses.........................................................................	0	12	0
106. On examination of witnesses before an officer of the Court or other person with counsel.	1	10	0
107. If the examination takes more than an hour, for each hour after the first hour, at the discretion of the taxing officer, but not to exceed per hour...................................................................................................	1	10	0
108. On examination of witnesses before an officer of the Court or other person without counsel	4	4	0
109. If the examination takes more than one hour, for each hour after the first hour, at the discretion of the taxing officer, but not to exceed per hour...................................................................................................	3	15	0
110. If the examination is more than two miles from the place of business of the solicitor, then such additional allowance may be made as the taxing officer thinks reasonable.
111. On deponents being sworn to a statement of defence or affidavit, or by a solicitor or his clerk to be sworn to an affidavit...........................................................................................................................................	0	12	0
112. On a summons in Chambers if matter heard...............................................................................	1	1	0
or Not to exceed.......................................................................................................................................	5	5	0
113. If matter in list but not heard..........................................................................................................	1	1	0
114. On a summons in Chambers if matter heard without counsel...................................................	4	4	0
or Not to exceed.......................................................................................................................................	7	7	0

Fourth Schedule—continued.

£	s.	d.
115. To file Registrar’s or taxing officer’s certificate, and get copy marked as an office copy		0	7	6
116. On counsel with brief, or other papers, if counsel’s fee—
(a) under five guineas...........................................................................................................	0	15	0
(b) five guineas or under ten guineas.................................................................................	1	1	0
(c) ten guineas or under twenty guineas............................................................................	1	11	6
(d) twenty guineas or under fifty guineas.........................................................................	2	2	0
(e) fifty guineas or more......................................................................................................	2	12	6
117. On counsel to mark refresher or to appoint conference or consultation...........................		1	1	0
118. On consultation, or conference with counsel, such amount as the taxing officer thinks reasonable.
119. To enter or set down cause, special case, or appeal for hearing or trial.............................		0	12	0
120. In court on hearing of motion, originating summons, special case, petition, appeal, or any other hearing where no witnesses are examined, per hour..............................................................................		2	10	0
or Not to exceed, per day....................................................................................................................	12	12	0
121. If heard without counsel, such allowance as the taxing officer thinks reasonable.
122. If matter in list but not heard....................................................................................................		1	1	0
123. On hearing or trial of any cause or matter or issue of fact in the city or town where the solicitor resides or carries on business, when witnesses are examined, per hour.................................................		2	10	0
or Not to exceed, per day.....................................................................................................................	12	12	0
124. If heard without counsel, such allowance as the taxing officer thinks reasonable.
125. When in the opinion of the taxing officer it is necessary for two principals, or for a solicitor and managing clerk, to attend the trial, an additional allowance may be made per day of........................		4	4	0
126. Clerk’s attendance, if witnesses are examined or cross-examined, per day.....................		2	2	0
127. Where in the opinion of the taxing officer it is necessary for a solicitor to leave the city or town where he resides or carries on business and to journey to another place, an allowance may be made for each day (other than a Sunday) that he is necessarily absent, not exceeding..................................................		21	0	0
or If clerk attends in place of principal a similar daily allowance may be made, not exceeding	9	0	0
128. In addition to the allowance under the last preceding item the expenses for maintenance of the solicitor (in addition to actual reasonable fares or payment for transport or conveyance) for each day, including Sundays, not exceeding..................................................................................................................................		3	3	0
or If clerk attends in place of principal, not exceeding per day..................................................	2	2	0
In all such cases the taxing officer must be satisfied that the purpose of the journey could not have been satisfactorily accomplished by an agent.
129. If a solicitor has to attend on more than one trial or hearing at the same time and place, for each day of hearing in each case, not exceeding............................................................................................		12	12	0
or If clerk attends on more than one trial in place of principal, in each case for each day....	9	9	0
The expenses in those cases shall be ratably divided.

Fourth Schedule—continued.

£	s.	d.
130. An allowance for maintenance shall not be made when the cost of transport includes the supply of meals.
131. The allowance for a day which is occupied in travelling shall not exceed two-thirds of the above amounts. For the purpose of items 127 to 131 (inclusive), a day means a period of twenty-four hours.
132. To hear reserved judgment...........................................................................................................		1	1	0
or Not to exceed......................................................................................................................................	4	4	0
133. To deliver papers (when required) for the use of the Judge....................................................		0	10	0
134. On taxation of a bill of costs.........................................................................................................		1	11	6
or If the same necessarily occupies so much time that the taxing officer considers that amount is inadequate, he may allow such further amount as he thinks proper.
135. To obtain signature of the Registrar to an order made in Chambers, or to obtain signature and seal to an order made by the Court...................................................................................................................		0	12	0
136. To file, lodge or deliver a document or other papers (including filing in lieu of service, but not other services), to obtain an appointment from an officer of the Court, to insert advertisements, or other attendance of similar nature capable of performance by a junior clerk...................................		0	10	0
137. At Registry, in connexion with the payment of money into or out of Court........................		0	12	0
138. To search whether appearance or any document is filed..........................................................		0	8	0
139. To bespeak and for copy of jury panel, or any other document necessarily ordered from an officer of the Court....................................................................................................................................................		0	12	0
140. Before the Registrar, or other officer of the Court, to settle minutes of judgment, or order or the like..............................................................................................................................................................		1	11	6
or Such amount as the taxing officer considers reasonable.
141. To present a special petition, and tor same answered..............................................................		1	1	0
142. If the attendance is one requiring the personal attendance of the solicitor or his managing clerk, and involving the exercise of skill or legal knowledge, per hour.....................................................		2	2	0
or
Such larger amount as the taxing officer thinks reasonable, having regard to the importance or difficulty of the subject-matter of the attendance, not exceeding...........................................................	3	3	0
143. Any attendance for which no other provision is made............................................................		0	12	0
or Such amount as the taxing officer thinks reasonable.

Letters.

144. Any ordinary letter..........................................................................................................................	0	10	0
145. Special letters, in the discretion of the taxing officer.
146. Circular letters after the first..........................................................................................................	0	3	0

Views by Jury.

147. Such fees shall be allowed as the taxing officer considers necessary, including all fees paid for travelling.
Maps, Plans and Models.
148. The taxing officer may allow such fees for maps, plans, and models for use at the trial or hearing as he considers reasonable.

Fourth Schedule—continued.

Witnesses’ Expenses.

Allowance per day.

149. Professional men, including—

Medical practitioners

Legal practitioners

Architects

Engineers or Surveyors

Dentists

Veterinary Surgeons

University Professors
Accountants (carrying on business as principals)

Patent Attorneys

And also—

Graziers

Merchants

Bankers

Other adult witnesses, whether male or female

£1 10 0 or the amount of the salary or wage actualy lost by the witness, whichever is the greater, but not exceeding £5 0 0

Persons under 21 years of age not in receipt of salary or wages

The amount of any loss in respect of which the taxing officer thinks he should be indemnified but not exceeding £3 0 0

Persons under 21 years of age in receipt of salary or wages

£1 0 0 or the amount of salary or wages actually lost by the witness whichever is the greater but not exceeding £3 0 0.

A witness attending in more than one action or matter shall be entitled to a proportionate part only of his expenses in each action or matter.

A witness shall be deemed to be a country witness if he does not reside within five miles of the Supreme Court or if he does not ordinarily proceed to an office or place of employment which is within five miles of the Supreme Court.

In addition to the above allowances, country witnesses may be allowed such sums as the taxing officer thinks reasonable to provide for actual expenses of conveyance to and from the place of trial or hearing, also a reasonable amount for maintenance or sustenance.

The taxing officer may also allow such amount as he thinks reasonably and properly incurred and paid to witnesses for qualifying to give skilled evidence.

Disbursements.

150. All court fees, counsel’s fees, and other fees and payments which, in the opinion of the taxing officer, have been properly paid, shall be allowed.

Fifth Schedule.

21. The Fifth Schedule is repealed and the following Schedule inserted in its stead:—

FIFTH SCHEDULE.

O. 70 r. 1.

SCALE OF FEES.

£	s.	d.
1. On sealing or filing a writ, summons, petition, notice of motion or other document originating a cause or matter, including sealing or filing every document, other than a document in respect of which a fee is payable under item 4 of this Schedule, sealed or filed by or on behalf of the plaintiff, petitioner or applicant before the cause or matter is set down for trial or application is made to enter judgment, whichever occurs first	2	0	0
2. On entering an appearance, for each person, including filing or sealing every document, other than a document in respect of which a fee is payable under item 4 or item 6 of this Schedule, filed or sealed by or on behalf of the person before the cause or matter is set down for trial or application is made to enter judgment, whichever occurs first...................................................................................................................	1	0	0
3. On setting down for trial or hearing a cause or matter in respect of which the fee specified in item 1 has been paid, including filing all necessary documents and making all necessary searches and, when judgment is given or an order is made in the cause or matter, including signing judgment or taking out the order	4	0	0
4. On sealing or filing a summons, notice of motion, or other application returnable before the Court, Judge or Registrar (not being a writ, summons, petition, notice of motion or document originating a cause of matter), including filing any affidavit or other document in support of, or necessary to issue, the summons, notice of motion or other application.....................................................................

1	0	0
5. On setting down for hearing a matter in respect of which the fee specified in the last preceding item has been paid, including filing all necessary documents and making all necessary searches and, when judgment is given or an order is made in the matter, including entering judgment or taking out the order	1	0	0
6. On filing a document in reply to, or in opposition to, a document to which item 4 applies..	0	5	0
7. On entering default judgment, including filing necessary documents and making necessary searches	1	0	0
8. On sealing a writ of subpoena.........................................................................................................	0	10	0
9. On sealing any other writ, including filing a necessary affidavit of debt or of service and making necessary searches...........................................................................................................................................	1	0	0
10. On filing a document, not otherwise provided for.....................................................................	0	5	0
11. On paying money into Court..........................................................................................................	0	7	6
12. For a certificate of the Registrar, an associate, taxing officer or other officer of the Court	1	0	0
13. Searching in a register, index, file or calendar, and inspecting documents, unless otherwise provided by an Act, Ordinance, these Rules or this Schedule, for every hour or part of an hour occupied	0	5	0
Not to exceed, per day.......................................................................................................................	1	0	0
14. On obtaining an appointment for examination of a witness before an officer of the Court..	0	7	6
15. In respect of each witness examined by an officer of the Court in his office, unless otherwise provided, for each hour or part of an hour....................................................................................................	1	0	0
16. For an examination of witnesses by an officer of the Court away from his office, in addition to reasonable travelling and other expenses—
if the time occupied is less than three hours..................................................................................	3	0	0
if the time occupied is more than three hours, for each day or part of a day...........................	6	0	0

Fifth Schedule—continued.

£	s.	d.
17. For giving an appointment to examine a witness, except where an officer of the Court acts as examiner, to the examiner or to each Commissioner who acts at the examination....................................	0	7	6
18. For an examination of witnesses by a person other than an officer of the Court, to the examiner or to each Commissioner who acts at the examination—
if the time occupied is less than three hours............................................................................	6	0	0
if the time occupied is more than three hours, for each day or part of a day....................	10	0	0
19. On an application for an officer, other than the Associate of the Judge, to attend with a record or document at a Court or place out of the Court building, in addition to the just charges and expenses of the officer, for each day or part of a day during which the officer is necessarily absent from the Registry....	3	3	0
20. An appointment for taxation of a bill of costs............................................................................	0	5	0
21. For taxing a bill of costs—for every One pound or part of One pound of the amount found due upon taxation.............................................................................................................................................................	0	0	6
22. On a fiat of the Judge......................................................................................................................	0	10	0
23. On a party attending before the Judge signifying his consent to a consent order being drawn, to enter judgment against him......................................................................................................................	0	10	0
24. On entering satisfaction of a judgment........................................................................................	0	10	0
25. On depositing in any cause or matter documents ordered to be deposited for custody or to be impounded, for each document...........................................................................................................................	0	2	0
26. On a receipt for a document or documents to which the last preceding fee applies, when delivered out.............................................................................................................................................................	0	2	0
27. For an office copy of a record of the Court, of a document filed in the Registrar’s Office, or of a plan, map, section drawing, photograph or diagram, for each page.................................................	0	2	6

Seventh Schedule.

22. After the Sixth Schedule the following Schedule is inserted:—

SEVENTH SCHEDULE.

O. 75 r. 2.

MODIFICATIONS OF THE COMPANIES RULES, 1945 IN THEIR APPLICATION TO THE TERRITORY.

Item no.	Rules modified.	Modifications.
1	Rule 1..................	Omit “and shall take effect on and after the 1st day of January, 1946”.
2	Rule 2..................	Omit.
3	Rule 4..................	Omit the definitions of “The Act”, “Court”, “Judge”, “Master”, “Deputy Registrar” and “Newspaper”.
4	Rule 6..................	Omit from sub-rule (1) the words “in the Supreme Court of New South Wales in Equity, and in the matter of the company and in the matter of the Companies Act, 1936,”.
5	Rule 10................	(a) Omit from paragraph (a) “Friday”, insert “Thursday”.
(b) Omit from paragraph (a) “in the prescribed newspapers within 3 days after the filing of the petition in the case of the Sydney daily morning newspapers and within 8 days after the filing of the petition in the case of other local newspapers”, insert “twice on separate days in a daily newspaper published and circulating in the Territory within eight days after the filing of the petition”.
	(c) Omit from paragraph (b) “Monday” (first occurring), insert “day”.
	(d) Omit from paragraph (b) “on the second Monday”, insert “fourteen days”.
	(e) Omit from paragraph (f) “and their Sydney Agents (if any)”.

Seventh Schedule—continued.

Item no.	Rules modified.	Modifications.
(f) Omit from paragraph (h) “in the other newspapers prescribed by paragraph (m) of this Rule”, insert “twice on separate days in a daily newspaper published and circulating in the Territory”.
(g) Omit paragraph (m).
6	Rule11.................	Omit all the words from and including “in the case of a company” to and including “one Sydney daily morning newspaper”, insert “at least twice on separate days in a daily newspaper published and circulating in the Territory within eight days after the filing of the petition”.
7	Rule14.................	Omit from sub-rule (1) all the words from and including “in the newspapers”, insert “at least twice on separate days in a daily newspaper published and circulating in the Territory.”.
8	Rule18.................		Omit.
9	Rule 20................	Omit.
10	Rule 28................	Omit “, Deputy Registrar, or the Chief Clerk in Equity,”.
11	Rule 30................	Omit “, except as to figures, be fairly written out at length,”, insert “be typewritten”.
12	Rule 35................	(a) Omit sub-rule (1), insert— “(1) Every petition shall be advertised not less than seven clear days before the hearing in the Gazette and at least twice on separate days in a daily newspaper published and circulating in the Territory.”.
12	Rule 35................		(b) Omit from sub-rule (2) “and of the Sydney agent of his solicitor (if any)”.
(c) Omit from sub-rule (2) “or Sydney agent”.
13	Rule 38................	Omit “the rate of 6d. per folio of 72 words for such copy”, insert “the prescribed fee”.
14	Rule 42................	Omit “or his Sydney agent (if any)” (wherever occurring).
15	Rule 45................	Omit from sub-rule (3) “or Deputy Registrar, or Chief Clerk in Equity,”.
16	Rule 49................	Omit.
17	Rule 58................	Omit from sub-rule (7) “circulating in the district in which the office of the company was situated at the date of the commencement of the liquidation”, insert “published and circulating in the Territory”.
18	Rule 59................	(a) Omit from sub-rule (3) “Governor”, insert “Attorney-General”.
(b) Omit from sub-rule (4) “Deputy Registrar, or Chief Clerk,”.
19	Rule 71................	Omit “at a cost of sixpence per folio of 72 words”, insert “at the rate of the prescribed fee for copies of documents filed in the Registrar’s office”.
			20	Rule 85................	Omit “circulating in the district in which the registered office of the company was situated,”, insert “published and circulating in the Territory”.
			21	Rule 146..............	Omit “for the State of New South Wales”.
22	Rule 167..............	Omit” the Bankruptcy Act, 1924-1933”, insert “the Bankruptcy Act 1924-1955”.
23	Rule 171..............	Omit “or, in his absence, by the Deputy Registrar”.
24	Rule 175..............	Omit “the Deputy Registrar or the Chief Clerk in Equity”.
25	Rule 184..............	Omit “prescribed by the Companies Regulations”, insert “prescribed by the Companies Regulations made under the Ordinance”.
			26	Rule 185..............	Omit “of Schedule Two of the Companies Regulations, 1936,”, insert “prescribed by the Companies Regulations made under the Ordinance”.
			27	Rule 191..............	Omit “at the rate of 6d. per folio”, insert “at the rate of the prescribed fee for copies of documents filed in the Registrar’s office”.