Supreme Court Rules 1970 (NSW)

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Part 1Preliminary1Name of Rules

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

2Commencement

These rules shall commence on the commencement of the Act.

Editorial note—

Date of commencement: 1.7.1972. See Gazette No 59 of 2.6.1972, p 2018.

3–7

(Repealed)

8Interpretation(1)

In these rules, unless the context or subject matter otherwise indicates or requires—

ASIC means the entity known as the Australian Securities Commission prior to 1 July 1998, and subsequently known as the Australian Securities and Investments Commission.

assess, when used in relation to costs assessed otherwise than by the Court, means assess in accordance with Part 11 of the Legal Profession Act 1987.

associate Judge includes an acting associate Judge.

barrister has the same meaning as it has in the Legal Profession Act 1987.

Companies Code means the Companies (New South Wales) Code.

convention means a convention made between Her Majesty or any of her predecessors and the king or other head of state of a foreign country regarding legal proceedings in civil and commercial matters.

convention country means a foreign country to which a convention applies.

corporation includes any artificial person.

costs determination means a determination made under section 180 of the Legal Profession Act 1987 as in force from time to time prior to 1 July 1994.

cross-claim means a claim for relief under section 78 of the Act.

curator means—

  • (a)

    in respect of a person—

    • (i)

      the management of whose estate is, by the Protected Estates Act 1983 or by any order of the Court or the Guardianship Tribunal under that Act or under the Guardianship Act 1987, committed to the Protective Commissioner,

    • (ii)

      of whose estate the Protective Commissioner has, in accordance with section 63 of the Protected Estates Act 1983, undertaken the management, or

    • (iii)

      in relation to whose property the Protective Commissioner is authorised as mentioned in section 66 (1) (a) of that Act,

    the Protective Commissioner,

  • (b)

    in respect of a person of whose estate a manager has been appointed by order of the Court or the Guardianship Tribunal under section 22 of the Protected Estates Act 1983 or section 25M of the Guardianship Act 1987—the manager appointed.

disable person means a minor or an incompetent person.

document means any record of information, and includes—

  • (a)

    anything on which there is writing,

  • (b)

    anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them,

  • (c)

    anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or

  • (d)

    a map, plan, drawing or photograph.

cf Act No 15 of 1987, s 21 (1).

expert means a person who has specialised knowledge based on the person’s training, study or experience.

fax means send a copy by facsimile transmission.

folio means 100 words, five figures being counted as one word.

cf Cost Rules, r 2. Rules of the Supreme Court (Revised) 1965 (Eng), O 1, r 4 (1).

Foreign Evidence Act means the Foreign Evidence Act 1994 of the Commonwealth.

funds includes money, debentures, stock, shares and other securities and investments.

incompetent person means—

  • (a)

    a person who is not a minor and who is—

    • (i)

      incapable of managing his or her affairs, or

    • (ii)

      incommunicate, or

  • (b)

    a minor who has a curator.

Law Courts Building means the building in which the Sydney registry of the Court is located.

Mutual Recognition Act means the Mutual Recognition Act 1992 of the Commonwealth.

notice means notice in writing.

cf RSC (Rev) 1965, O 66, r 2 (5).

officer, in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation.

officer of the Court does not include a solicitor, barrister or liquidator.

originating process means a statement of claim, a summons or, where a cross-claim is made against a person not previously a party to the proceedings in which the cross-claim is made, the cross-claim.

pay, in relation to funds, includes transfer, deposit and deliver.

person bound, in relation to a judgment or order, means a person required by the judgment or order—

  • (a)

    to pay money,

  • (b)

    to give possession of land,

  • (c)

    to deliver goods (with or without the alternative of paying the assessed value of the goods),

  • (d)

    to do any other act, or

  • (e)

    to abstain from doing any act.

personal injuries includes any disease and any impairment of a person’s physical or mental condition.

cf RSC (Rev) 1965, O 5, r 2.

registry means a registry at Lismore, Newcastle, Orange, Sydney, Wagga Wagga or Wollongong.

Riverina means the district of the State comprising Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora, Tumut and Wagga Wagga.

solicitor has the same meaning as it has in the Legal Profession Act 1987.

the Act means the Supreme Court Act 1970.

the Evidence Act means the Evidence Act 1995.

the Service and Execution of Process Act means the Service and Execution of Process Act 1992 of the Commonwealth.

Trans-Tasman Mutual Recognition Act means the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

tutor means a next friend or guardian ad litem of a disable person.

(2)

Where—

  • (a)

    reference is made in the rules to the holder of an office in the Public Service or in the Australian Public Service, and

  • (b)

    the name of the office is changed or the relevant function is assumed by the holder of another office,

the reference shall continue to apply to the holder of that office.

(3), (4)

(Repealed)

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

9Seals(1)

There shall be the seals mentioned in the first column in the table below, which shall be impressed seals and respectively shall have the wording mentioned in the second column of the table and shall be in the custody of the officer mentioned in the third column of the table.

Seal

Wording

Custody

General seal of the Court.

Supreme Court of New South Wales.

Prothonotary.

Seal of the Court of Appeal.

Supreme Court of New South Wales: Court of Appeal.

Registrar of the Court of Appeal.

Seal of each Division.

Supreme Court of New South Wales: (name of the Division).

Registrar of the Division.

cf Protective Jurisdiction Rules 1968, r 11 (1).

(2)

Each of the seals mentioned in subrule (1) shall have effect as the seal of the Court.

(3)

Except where the rules otherwise provide, but subject to subrule (4), the seal of the Court of Appeal or the general seal of the Court shall be used for the purpose of proceedings in the Court of Appeal and the seal of each Division or the general seal of the Court shall be used for the purpose of proceedings in that Division.

(4)

A rubber stamp facsimile of any seal may be used instead of the seal for any purpose.

cf PJR r 11 (3).

(5)

(Repealed)

9A, 9B

(Repealed)

9CFiling bail applications

A bail application, within the meaning of the Bail Act 2013, is sufficiently filed if a copy of the application has been filed in the Sydney registry by any of the following means—

  • (a)

    email,

  • (b)

    in person,

  • (c)

    post,

  • (d)

    in the case of an applicant who is in custody—fax.

10, 10A

(Repealed)

11Forms(1)

Forms are prescribed in Schedule F.

(2)

A reference in any such form to a provision of these rules includes a reference to the corresponding provision (if any) of the Uniform Civil Procedure Rules 2005.

(3)

If a form is approved under section 17 of the Civil Procedure Act 2005 in relation to the same matter as that for which a form is prescribed in Schedule F, the form to be used is the approved form and not the prescribed form.

cf Act No 15 of 1987, s 80.

11A, 12

(Repealed)

13Procedure wanting or in doubt(1)

Where a person desires to commence proceedings or take any step in any proceedings, and the manner or form of procedure is not prescribed by the Act or the rules or by or under any other Act or that person is in doubt as to the manner or form of procedure, the Court may, on application by that person, give directions.

cf High Court Rules, O 72, r 1 (1).

(2)

Proceedings commenced in accordance with the directions of the Court shall be well commenced.

cf HCR, O 72, r 1 (2).

(3)

A step taken in accordance with the directions of the Court shall be regular and sufficient.

cf HCR, O 72, r 1 (2).

(4)

In respect of proceedings to be commenced for directions under subrule (1), application may be made by summons in any Division.

14

(Repealed)

Part 1ASittings and vacations1Sittings(1)

Sittings shall be held in each year at such times and places as are appointed for that year or from time to time by the Chief Justice.

cf HCR O 59, rr 1 and 2.

(2)

Particulars of times and places appointed shall be published in the Gazette.

(3)

The Court may sit at any time and place notwithstanding that the time and place of the sitting has not been appointed or has not been published as provided in this rule.

2Vacations(1)

There shall be a fixed vacation and a variable vacation in each year.

(2)

The fixed vacation shall be a period of six weeks from the beginning of the Monday before the 24th of December.

(3)

The variable vacation shall be a period not exceeding four weeks regulated by the Chief Justice.

(4)

A hearing or trial shall not be held in the fixed vacation, unless the Court otherwise orders.

3

(Repealed)

Parts 1B–11

(Repealed)

Part 12Distribution of business1

(Repealed)

1AProcedure under particular Acts

The provisions of Schedule J with respect to proceedings under an Act or instrument referred to in that Schedule apply to proceedings in the Court under that Act or instrument.

2–7

(Repealed)

Part 13Recording and broadcast of judgments remarks1Interpretation(1)

In this Part—

Media Manager means the Media Manager of the Court.

(2)

For the avoidance of doubt (and despite rule 1 of Part 75), this Part applies to both civil and criminal proceedings in the Court.

(3)

Words and expressions used in this Part that are defined for the purposes of Part 9A of the Act have the same meanings as in that Part.

2Application for permission to record or broadcast judgment remarks(1)

An application to the Court for permission to record or broadcast judgment remarks of the Court in proceedings is to be made by sending an email to the Media Manager requesting the Court’s permission to record or broadcast those remarks.

(2)

An email under subrule (1) must include as an attachment a completed application in the form published on the Court’s website for such applications.

3Manner in which recordings are to be made(1)

Unless the Court orders otherwise and subject to any directions under rule 4, the recording of judgment remarks of the Court for broadcasts permitted by the Court is to be conducted in accordance with the requirements of this rule.

(2)

There is to be no more than one of each of the following allowed in the Court in connection with the recording of its judgment remarks—

  • (a)

    a video camera operator,

  • (b)

    a photographer,

  • (c)

    a microphone operator.

(3)

Obtrusive microphones or wiring are not to be used in connection with the making of a recording.

(4)

Moving equipment is not to be used in connection with the making of a recording while the Court is in session.

(5)

Proceedings of the Court are not to be disrupted by the making of a recording (including from distracting sounds or lights).

(6)

The cost of installing, operating or removing any equipment required for the making of a recording (including any modifications made to existing equipment of the Court for that purpose) is to be borne by the news media organisation whose equipment is being used to make, or whose employees are involved in making, the recording and not by the Court.

(7)

Any recording equipment used to make a recording is not to display any trade mark, logo or other branding that identifies it as the equipment of any particular news media organisation.

4Chief Justice may give directions concerning manner in which recordings to be made(1)

The Chief Justice may give such directions as the Chief Justice thinks fit for the orderly administration of the Court with respect to the manner in which recordings of the judgment remarks of the Court are to be made.

(2)

A direction given under this rule may qualify, or add to, any of the requirements set out in rule 3.

5Shared use of recordings by news media organisations(1)

Subject to subrule (2), a news media organisation that is permitted by the Court to record judgment remarks of the Court must, as soon as practicable after the recording is made, make the recording available for use by any other news media organisations that wish to broadcast it.

(2)

If the recording made by the news media organisation is for a live broadcast, the news media organisation is to ensure that any other news media organisations that wish to broadcast it have equal access at the same time to the live feed.

Parts 14–51A

(Repealed)

Part 51BAppeals to the Court under Part 5 of the Crimes (Appeal and Review) Act 20011Application

This Part applies to an appeal to the Court under Part 5 of the Crimes (Appeal and Review) Act 2001.

2Assignment of business

Proceedings to which this Division applies shall be commenced in the Common Law Division.

3Definitions

In this Part, unless the context or subject matter otherwise indicates or requires—

decision includes a conviction, order or sentence, judgment, opinion, direction or determination.

informant includes a complainant, the Director of Public Prosecutions and any other person responsible for the conduct of a prosecution.

material date in relation to an appeal means—

  • (a)

    where the appeal is from the decision of a court, the date on which the decision is pronounced or given, and

  • (b)

    where the appeal is from any other person, the date on which notice of the decision was given to the person who wishes to appeal by or on behalf of the person who made the decision.

tribunal below means, in relation to an appeal to the Court, the court or the person whose decision is under appeal.

4

(Repealed)

5Leave to appeal or cross-appeal(1)

An application for leave to appeal and, subject to subrule (2), to cross-appeal must be made by summons under Part 5 rule 3.

(2)

A party served with a summons for leave to appeal who wishes to apply for leave to cross-appeal may do so by motion on the hearing of the summons, supported by an affidavit stating the matters set out in subrule (7), without filing or serving a summons or notice of the motion.

(3)

Subject to subrules (3A), (5) and (5A), the summons for leave to appeal shall be filed within 28 days after the material date.

(3A)

If an application is made to a Local Court under Part 2 of the subject Act, the time for filing a summons for leave to appeal does not start to run until the application under Part 2 is finally disposed of.

(4)

A summons for leave to cross-appeal shall be filed within 28 days after service of the summons instituting the appeal, or the summons for leave to appeal, or within such further time as the Court may fix.

(5)

The Court may, at any time, extend the time fixed by subrule (3) or (4).

(5A)

Where the decision appealed from is that of a magistrate, the tribunal below may, within the time fixed by subrule (3) for filing a summons for leave to appeal (as extended by subrule (3A)) or on application filed within that time, extend the time fixed by subrule (3).

(6)

The summons for leave to appeal or to cross-appeal shall include a claim for the decision which the party instituting the appeal seeks in place of the decision of the tribunal below.

(7)

The applicant shall file and serve with or subscribe to the summons a brief but specific statement of—

  • (a)

    the grounds relied upon in support of the appeal and, in particular, the grounds upon which it is contended that there is any error of law,

  • (b)

    as to whether the appeal is from the whole or part only and what part of the decision in the tribunal below,

  • (c)

    the nature of the case,

  • (d)

    the questions involved, and

  • (e)

    the reasons why leave should be given.

(8)

The applicant for leave to appeal shall, unless the Court otherwise directs, not later than 3 days before the date fixed for the hearing of the application for leave to appeal, file an affidavit exhibiting—

  • (a)

    a copy of the transcript of the proceedings in the tribunal below, unless a transcript cannot be obtained in respect of proceedings of that type, and

  • (b)

    a copy of the reasons for decision in the tribunal below, unless the tribunal below has not given, and does not intend to give, written reasons.

(9)

Where an application for leave to appeal or to cross-appeal has been granted—

  • (a)

    the summons for leave to appeal shall be deemed a summons instituting an appeal in respect of the grounds upon which the Court has granted such leave, and

  • (b)

    the summons, or the affidavit under subrule (2), for leave shall be deemed a notice of cross-appeal instituting a cross-appeal in respect of the grounds upon which the Court has granted such leave.

(10)

A party applying to the Court for an extension of time under subrule (3) or (4) shall—

  • (a)

    include that application in the summons for leave to appeal or cross-appeal, or

  • (b)

    lodge with his or her notice of motion or summons a draft, completed as far as possible, of the summons under subrule (1) and the statement under subrule (7), to be filed if an extended time is fixed.

6Time for appeal(1)

Subject to subrules (1A) and (2) and any provisions made by or under any Act, an appeal must be instituted within 28 days after the material date.

(1A)

If an application is made to a Local Court under Part 2 of the subject Act, the time for instituting an appeal does not start to run until the application under Part 2 is finally disposed of.

(2)

Time fixed by subrule (1) may be extended—

  • (a)

    by the Court at any time, or

  • (b)

    where the decision appealed from is that of a magistrate—by the tribunal below, but only within the time fixed by subrule (1) for instituting an appeal (as extended by subrule (1A)) or on application filed within that time.

(3)

A party applying to the Court for an extension of time under subrule (2) (a) shall—

  • (a)

    include that application in the summons instituting the appeal, or

  • (b)

    lodge with his or her notice of motion or summons a draft, completed as far as possible, of the summons under rule 7 and the statement under rule 8, to be filed if an extended time is fixed.

7Institution of appeal

Subject to rule 5, an appeal to the Court is to be instituted by filing a summons under Part 5 rule 3 that claims the decision that the party instituting the appeal seeks in place of the decision of the tribunal below.

8Statement of ground

The plaintiff shall file and serve with or subscribe to the summons instituting the appeal a brief but specific statement—

  • (a)

    of the grounds relied upon in support of the appeal and, in particular, the grounds upon which it is contended that there is any error of law, and

  • (b)

    as to whether the appeal is from the whole or part only and what part of the decision in the tribunal below.

9Transcript and reasons for decision

The plaintiff shall, unless the Court otherwise directs, not later than 3 days before the date fixed for the hearing of the summons, file an affidavit exhibiting—

  • (a)

    a copy of the transcript of the proceedings in the tribunal below, unless a transcript cannot be obtained in respect of proceedings of that type, and

  • (b)

    a copy of the reasons for decision in the tribunal below, unless the tribunal below has not given, and does not intend to give, written reasons.

10Parties(1)

Any informant and each person who is directly affected by the relief sought in the appeal or is interested in maintaining the decision under appeal shall be joined as a defendant to the appeal.

(2)

Subject to subrule (3), the tribunal below shall be joined as a defendant.

(3)

Subrule (2) shall not apply where the tribunal below is a court.

(4)

The Court may order the addition or removal of any person as a party to an appeal.

(5)

A person shall not be made a plaintiff without his consent.

11Service(1)

Subject to subrule (2), the plaintiff shall, on the day of filing a summons instituting an appeal or for leave to appeal, or as soon as practicable thereafter, subject to Part 9 rule 8, serve the summons on the defendant personally.

(2)

When the summons contains an application for extension of time, service shall be effected on the day when the application is granted, or as soon as practicable thereafter.

12Directions for service

Where the Court makes an order granting—

  • (a)

    leave to appeal or to cross-appeal, or

  • (b)

    an extension of time for—

    • (i)

      appealing or cross-appealing, or

    • (ii)

      applying for leave to appeal or to cross-appeal,

    the Court may, at the same time or afterwards, give directions for service other than personal service of any summons or notice of cross-appeal by which, pursuant to the order, proceedings are commenced for an appeal or for leave to appeal or to cross-appeal, and of any other document in the proceedings so commenced.

13Filing with tribunal below(1)

Where the tribunal below is a court, the plaintiff shall, on the date of instituting the appeal, file a copy of the summons instituting the appeal in the registry or office of that court.

(2)

For the purposes of subrule (1), the date of instituting the appeal shall—

  • (a)

    if the summons instituting the appeal contains an application for extension of time—the day the application is granted, or

  • (b)

    if a summons for leave is deemed by rule 5 (9) to be the summons instituting the appeal—the day when the summons is so deemed.

(3)

If compliance with subrule (1) is not in accordance with the practice or organisation of that court, the plaintiff shall lodge a copy of the summons with an officer of that court concerned with its records or process.

14Security for costs(1)

The Court may, in special circumstances, order that such security as the Court thinks fit be given of the costs of an appeal to the Court.

(2)

Subject to subrule (1), no security for the costs of an appeal to the Court shall be required.

(3)

Subrules (1) and (2) do not affect the powers of the Court under Part 53, Division 1 (which relates to security for costs).

15Date of hearing of appeal

Unless the Court otherwise orders, the appeal shall not be heard before 21 days after service of the summons by which the appeal is instituted.

16Amendment(1)

The summons by which the appeal is instituted and any statement under rule 8 may be amended by the plaintiff without leave by filing a supplementary notice not less than 7 days before the day appointed for hearing.

(2)

The plaintiff must, on the day of filing the supplementary notice, serve it on the other parties and must file or lodge a copy of it in accordance with rule 13 as if it were a summons.

(3)

Subrule (1) does not affect the powers of the Court under Part 20 (which relates to amendment).

17Cross-appeal(1)

Where a defendant wishes to appeal from the whole or part of a decision, the defendant shall file a notice of cross-appeal.

(2)

The defendant must file the notice of cross-appeal within the later of—

  • (a)

    28 days after service of the summons instituting the appeal on the defendant, and

  • (b)

    14 days after leave to appeal or to cross-appeal is given.

(3)

Subject to subrules (1), (2) and (4), the provisions of this Part relating to an appeal and a summons apply to the cross-appeal and a notice of cross-appeal.

(4)

Part 6 and rule 6 (which relates to time for appeal) do not apply to a cross-appeal or notice of cross-appeal.

18Notice of contention

Where a defendant wishes to contend that the decision of the tribunal below should be affirmed on grounds other than those relied upon by the tribunal below but does not seek a discharge or variation of any part of the decision of the tribunal below, the defendant need not file a notice of cross-appeal but, within the time limited by rule 17 (2), the defendant must—

  • (a)

    file notice of that contention stating, briefly but specifically, the grounds relied upon in support of the contention, and

  • (b)

    serve the notice of contention on each other party to the appeal.

Parts 52–54

(Repealed)

Part 55ContemptDivision 1Preliminary1Interpretation

In this Part contemnor means a person guilty or alleged to be guilty of contempt of the Court or of any other court.

Division 2Contempt in the face or hearing of the Court2Arrest

Where it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of court, committed in the face of the Court or in the hearing of the Court, the Court may—

  • (a)

    by oral order direct that the contemnor be brought before the Court, or

  • (b)

    issue a warrant for the arrest of the contemnor.

cf High Court Rules, O 56, r 1 (1).

3Charge, defence and determination

Where the contemnor is brought before the Court, the Court shall—

  • (a)

    cause him to be informed orally of the contempt with which he is charged,

  • (b)

    require him to make his defence to the charge,

  • (c)

    after hearing him, determine the matter of the charge, and

  • (d)

    make an order for the punishment or discharge of the contemnor.

cf HCR, O 56, r 1 (2).

4Interim custody(1)

The Court may, pending disposal of the charge—

  • (a)

    direct that the contemnor be kept in such custody as the Court may determine, or

  • (b)

    direct that the contemnor be released.

cf HCR, O 56, r 1 (3).

(2)

The Court may make a direction under subrule 1 (b) on terms, which may include a requirement that the contemnor give security, in such sum as the Court directs, for his appearance in person to answer the charge.

cf HCR, O 56, r 1 (3).

Division 3Motion or proceedings for punishment5Application

This Division does not apply to a case in which the Court proceeds under Division 2.

cf HCR, O 56, r 2.

6Procedure generally(1)

Where contempt is committed in connection with proceedings in the Court, an application for punishment for the contempt must be made by motion on notice in the proceedings, but, if separate proceedings for punishment of the contempt are commenced, the proceedings so commenced may be continued unless the Court otherwise orders.

(2)

Where contempt is committed, but not in connection with proceedings in the Court, proceedings for punishment of the contempt must be commenced by summons, but, if an application for punishment of the contempt is made by motion on notice in any proceedings, the application may be heard and disposed of in the latter proceedings, unless the Court otherwise orders.

7Statement of charge

A statement of charge, that is, a statement specifying the contempt of which the contemnor is alleged to be guilty, shall be subscribed to, or filed with, the notice of motion or summons.

cf HCR, O 56, r 3 (a).

8Evidence(1)

Subject to subrule (2), the evidence in support of the charge shall be by affidavit.

(2)

The Court may, on terms, permit evidence in support of the charge to be given otherwise than by affidavit.

9Service

The notice of motion or summons, the statement of charge, and the affidavits shall be served personally on the contemnor.

cf HCR, O 56, rr 4, 5.

10Arrest

Where—

  • (a)

    notice of a motion for punishment of a contempt has been filed or proceedings have been commenced for punishment of a contempt, and

  • (b)

    it appears to the Court that the contemnor is likely to abscond or otherwise withdraw himself from the jurisdiction of the Court,

the Court may issue a warrant for the arrest of the contemnor and his detention in custody until he is brought before the Court to answer the charge, unless he, in the meantime, gives security in such manner and in such sum as the Court directs, for his appearance in person to answer the charge and to submit to the judgment or order of the Court.

cf HCR, O 56, r 6.

11Motion or proceedings by the registrar(1)

Where it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of the Court or of any other court, the Court may, by order, direct the registrar to apply by motion for, or to commence proceedings for, punishment of the contempt.

(2)

Subrule (1) does not affect such right as any person other than the registrar may have to apply by motion for, or to commence proceedings for, punishment of contempt.

(3)

Where—

  • (a)

    it appears to the District Court on its own view that a person is guilty of contempt of court, whether committed in the face or hearing of the District Court or not, and the District Court refers the matter to the Court for determination under section 203 (1) of the District Court Act 1973,

  • (b)

    (Repealed)

  • (c)

    it appears to a Local Court on its own view that a person is guilty of contempt of the Local Court, whether during a proceeding before the Local Court or otherwise, and the court refers the matter to the Court for determination under section 24 of the Local Court Act 2007,

the registrar must commence proceedings for punishment of the contempt, and no direction from the Court shall be necessary to enable the registrar to do so.

(4)

Subrule (3) does not affect such right as any person other than the registrar may have to commence proceedings for punishment of the contempt prior to the commencement of proceedings by the registrar.

(5)

Subrule (3) does not apply in the event that a person other than the registrar commences proceedings for punishment of the contempt prior to the commencement of proceedings by the registrar.

(6)

Subject to the rules and to any Act, where, pursuant to a power conferred by or under an Act, a court or other body or person refers or reports a matter to the Court with a view to the Court dealing with a possible contempt of the court, body or person, the registrar shall—

  • (a)

    take advice from the Crown Solicitor as to whether the registrar should take proceedings for contempt in respect of the matter,

  • (b)

    unless the Court otherwise orders, act in accordance with the advice, and

  • (c)

    inform the Attorney-General of the matter.

Division 4General12Warrant

A warrant for the arrest or detention under this Part of a contemnor shall be addressed to the Sheriff and may be issued under the hand of the Judge or officer presiding in the Court directing the arrest or detention.

cf HCR, O 56, r 7.

13Punishment(1)

Where the contemnor is not a corporation, the Court may punish contempt by committal to a correctional centre or fine or both.

cf HCR, O 56, r 9.

(2)

Where the contemnor is a corporation, the Court may punish contempt by sequestration or fine or both.

(3)

The Court may make an order for punishment on terms, including a suspension of punishment or a suspension of punishment in case the contemnor gives security in such manner and in such sum as the Court may approve for good behaviour and performs the terms of the security.

14Discharge

Where a contemnor is committed to a correctional centre for a term, the Court may order his discharge before the expiry of the term.

cf HCR, O 56, r 11.

15

(Repealed)

Parts 56–59A

(Repealed)

Part 60Associate JudgesDivision 1General1Interpretation

In this Part decision includes a judgment, order, opinion, direction, determination or certificate.

1APowers(1)

An associate Judge may exercise the powers of the Court—

  • (a)

    under the provisions of the Acts and regulations and Acts and regulations of the Commonwealth mentioned in column 1 of Part 1 of Schedule D,

  • (b)

    subject to subrule (4), under provisions of any of the following rules of court (the relevant rules)—

    • (i)

      these rules,

    • (ii)

      the Supreme Court (Corporations) Rules 1999,

    • (iii)

      the Uniform Civil Procedure Rules 2005,

  • (c)

    in respect of the matters mentioned in Part 3 of Schedule D and in Part 2 of Schedule E.

(2)

The matter in column 2 of Parts 1 and 2 of Schedule D is inserted for convenience of reference only and does not affect the operation of the relevant rules.

(3)

In relation to any provision mentioned in column 1 of Part 1 of Schedule D, subrule (1) (a) has effect subject to the restriction (if any) appearing beside that provision in column 3.

(4)

An associate Judge may not exercise the powers of the Court under any of the provisions of the relevant rules mentioned in column 1 of Part 2 of Schedule D except to the extent (if any) specified opposite that provision in column 3.

(4A)

(Repealed)

(5)

In proceedings commenced before 1 July 1972, an associate Judge may exercise any power formerly exercisable by the Prothonotary.

(6)

An associate Judge may exercise the powers of the Court for the purposes of, and in respect of all matters incidental to, the exercise of his powers under subrule (1) or under any Act or regulation or under any other provision of the relevant rules.

(7)

The generality of the powers granted by subrule (6) shall not be restricted by reason of the grant under subrule (1) of specific powers.

2Distribution of business

Where there are two or more associate Judges in a Division, the distribution of business amongst the associate Judges shall, subject to any direction of the Court, be by direction of the senior associate Judge present.

3Judgment or order

An associate Judge shall, on the disposal of any matter before him, give such judgment or make such order as the nature of the case requires, except where, by the rules or by any judgment or order, he is required to state his determination in a certificate or in some other manner.

4Certificate(1)

An associate Judge may give a certificate as to any matter arising or decision made in the course of proceedings before him.

(2)

Where proceedings are before an associate Judge pursuant to a judgment or order, the certificate of the associate Judge shall refer to so much only of the judgment or order as is necessary to show upon what the determination of the associate Judge is founded.

cf RSC (Rev) 1965, O 44, r 21 (2).

(3)

The certificate of an associate Judge shall not refer to documents or evidence except so far as is necessary to show upon what the determination of the associate Judge is founded.

cf RSC (Rev) 1965, O 44, r 21 (2).

(4)

The certificate of an associate Judge shall not, except where necessary, set out the reasons for the determination of the associate Judge.

cf RSC (Rev) 1965, O 44, r 21 (2).

(5)

The certificate of an associate Judge as to an account taken under a judgment or order shall—

  • (a)

    specify, by reference to the numbers of the items in the account, the items (if any) disallowed or varied, and

  • (b)

    specify the additions (if any) by way of surcharge or otherwise.

cf RSC (Rev) 1965, O 44, r 21 (3).

(6)

This rule does not apply where any proceedings, question or issue are or is referred to an associate Judge under Part 72 rule 2 (which relates to reference to an arbitrator etc).

Divisions 2, 35–16

(Repealed)

Division 4Appeal to the Court of Appeal17Cases for appeal

An appeal shall lie to the Court of Appeal in accordance with section 101 and 103 of the Act, subject however to the leave of the Court of Appeal in any case to which subsections (2) and (4) of section 101 apply, from any decision of the Court in a Division constituted by an associate Judge—

  • (a)

    upon a trial pursuant to Schedule D Part 3 paragraphs 1, 2, 3, 3A, 4 (a), 8, 9, 17, 17A, 24, 25, 26, 27 and 28,

  • (a1)

    in proceedings referred pursuant to Schedule D Part 3 paragraphs 5, 5A and 5B,

  • (b)

    in proceedings under the provisions (except sections 13 to 21 inclusive, which relate to guardianship) of the Testator’s Family Maintenance and Guardianship of Infants Act 1916,

  • (c)

    in proceedings under section 14 or section 22 of the Married Persons (Property and Torts) Act 1901,

  • (d)

    in proceedings under the Family Provision Act 1982,

  • (e)

    in proceedings under the Property (Relationships) Act 1984,

  • (f)

    in proceedings on an application for review of taxation of costs,

  • (g)

    in proceedings under section 208L or section 208M or section 208N of the Legal Profession Act 1987,

  • (h)

    in proceedings under section 13 of the Married Persons (Equality of Status) Act 1996,

  • (i)

    in proceedings determining a question of costs with respect to a matter that has been otherwise finalised,

  • (j)

    on an application to extend a period of limitation, fixed by or under an enactment, within which original proceedings must be brought, or

  • (k)

    where the decision of the associate Judge is a final decision other than—

    • (i)

      a decision on an application for a summary judgment, or

    • (ii)

      a decision on an application for a summary dismissal of proceedings.

Part 61Registrars and chief clerkDivision 1Registrars1–4

(Repealed)

4APractice in registries outside Sydney

The practice of the Sydney registry shall, so far as practicable, be followed in any other registry.

Division 25

(Repealed)

Parts 62–65

(Repealed)

Part 65ALegal profession1

(Repealed)

2Assignment of business(1)

There are assigned to the Court of Appeal proceedings in the Court in the exercise of the disciplinary powers of the Court with respect to legal practitioners and interstate legal practitioners.

(2)

Proceedings in the Court under the Legal Profession Act 1987 (other than proceedings assigned to the Court of Appeal) are assigned to the Common Law Division.

3Removal or suspension elsewhere(1)

Any legal practitioner—

  • (a)

    whose name is removed from a roll kept outside the State that corresponds to the Roll of Legal Practitioners in the Court,

  • (b)

    who is prohibited (whether conditionally or unconditionally) from reinstatement to such a roll, or

  • (c)

    who is—

    • (i)

      suspended from practising, or

    • (ii)

      prohibited (whether conditionally or unconditionally) from resuming practice,

    as a lawyer (whether known as a barrister, a solicitor, a barrister and solicitor, an attorney, a legal practitioner or otherwise) outside the State,

by reason of misconduct, is suspended from practice—

  • (d)

    in the case of removal—unless the Court otherwise orders,

  • (e)

    in the case of suspension or prohibition—during the period of suspension or prohibition, unless the Court otherwise orders.

(2)

This rule does not apply to a cancellation or suspension—

  • (a)

    in Australia under the Mutual Recognition Act, or

  • (b)

    in New Zealand under the Trans-Tasman Mutual Recognition Act.

4

(Repealed)

5Appeal: practising certificate(1)

The Court may, on the application of a person who intends to appeal to the Court under section 38B of the Legal Profession Act 1987, make such orders as the nature of the case requires as if the person had instituted the appeal and the application were made in the proceedings on the appeal.

(2)

In the title of a document in proceedings on the application or the appeal, the plaintiff may, subject to any order of the Court, be shown as “A solicitor”, without the plaintiff’s name.

6Furnishing information

The registrar shall furnish information that is required by section 48Y of the Legal Profession Act 1987 to be furnished by the Court.

7Removal from Roll pursuant to s 48Z (5) of the Legal Profession Act 1987

Unless the Court otherwise orders, the Prothonotary shall, pursuant to an order under section 48Z (5) of the Legal Profession Act 1987, remove from the Roll of Legal Practitioners in the Court the name of a legal practitioner upon the expiration of 10 days after a copy of the order is filed, being a copy that—

  • (a)

    if the regulatory authority making the order is a tribunal—is signed by a member of the tribunal,

  • (b)

    if the regulatory authority is a court—is signed by a Judge or Registrar of the Court, or

  • (c)

    in any case—is sealed with the seal of the regulatory authority.

Part 65B1

(Repealed)

Part 65CAdmission as legal practitionerDivision 1Application for admission1Application by person approved by a Board

A person who has been approved by—

  • (a)

    the former Barristers Admission Board or the former Solicitors Admission Board as a suitable candidate for admission as a barrister or as a solicitor, or

  • (b)

    the Legal Practitioners Admission Board as a suitable candidate for admission as a legal practitioner,

may, unless the Court otherwise orders, apply for admission without having filed any originating process in the Court.

2Admission, other than of interstate applicant(1)

This rule applies to an application for admission as a legal practitioner other than an application to which rule 3 or rule 4 applies.

(2)

Unless the Chief Justice directs otherwise, every person applying for admission as a legal practitioner shall personally attend in Court and shall on such admission—

  • (a)

    take the oath of office as a legal practitioner, and

  • (b)

    sign the Roll of Legal Practitioners in the Court,

and shall be entitled to receive a certificate bearing the seal of the Court.

3Interstate applicant, other than under the Mutual Recognition Act(1)

This rule applies to an application for admission as a legal practitioner by a person whose name is on the Roll of Barristers, the Roll of Solicitors, the Roll of Barristers and Solicitors or the Roll of Legal Practitioners of the Supreme Court of any other State or Territory of Australia.

(2)

An application to which this rule applies may, at the request of the applicant, be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.

(3)

A request under subrule (2) may be included in the applicant’s form of application for admission under the Legal Practitioners Admission Rules 1994.

(4)

Where the applicant makes a request under subrule (2) and the applicant is admitted, he or she shall, at the request of this Court, attend at the office of the Supreme Court of his or her State or Territory and—

  • (a)

    take the oath of office as a Legal Practitioner in Form 70AA, and

  • (b)

    sign a Roll of Legal Practitioners (being a Roll kept in the office of that court for the purpose of this rule).

(5)

When this Court has received from the other court—

  • (a)

    the form of oath of office duly completed, and

  • (b)

    notification of the signing of a Roll under subrule (4) (b),

then—

  • (c)

    the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners in this State, and

  • (d)

    the person admitted shall be entitled to receive a certificate bearing the seal of this Court.

(6)

This rule does not apply to proceedings commenced by notice under Section 19 (1) of the Mutual Recognition Act.

4Application under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act(1)

This rule applies to proceedings commenced by notice under section 19 (1) of the Mutual Recognition Act or under section 18 (1) of the Trans-Tasman Mutual Recognition Act.

(2)

The notice must, unless the Court otherwise orders—

  • (a)

    be lodged by filing it in the registry at Sydney,

  • (b)

    show the name, residential address and business address of the applicant,

  • (c)

    where the applicant is represented by a solicitor show—

    • (i)

      the name, address and telephone number of the solicitor, and

    • (ii)

      if that solicitor has another solicitor as agent in the proceedings—the name, address and telephone number of the agent,

  • (d)

    show an address for service,

  • (e)

    be dated not more than 14 days before the date on which it is filed, and

  • (f)

    be accompanied by a certificate which—

    • (i)

      evidences the existing registration which gives rise to the entitlement of the applicant to entry in the Roll of Legal Practitioners,

    • (ii)

      is given by the proper officer—

      • (A)

        of the Supreme Court of the State or Territory where such registration occurred or, where applicable, of the High Court of New Zealand, or

      • (B)

        of a body, having functions similar to the Legal Practitioners Admission Board, of the State or Territory where such existing registration occurred or, where applicable, of New Zealand, and

    • (iii)

      is dated not more than 28 days before the date on which it is filed,

    unless the document mentioned in section 19 (3) of the Mutual Recognition Act or section 18 (3) of the Trans-Tasman Mutual Recognition Act, accompanying the notice, fulfils the requirements of this paragraph.

(3)

The applicant shall, on or before the day of filing, serve the notice and accompanying documents on the Legal Practitioners Admission Board, the New South Wales Bar Association, and the Law Society of New South Wales and shall file an affidavit of service within 14 days of filing the notice.

(4)

The applicant shall—

  • (a)

    prior to, or

  • (b)

    within 14 days after,

filing the notice attend—

  • (c)

    at a registry of the Court,

  • (d)

    at the office of the Supreme Court of his or her State or Territory, or

  • (e)

    where application is made under the Trans-Tasman Mutual Recognition Act—a person in New Zealand authorised under New Zealand law to take oaths,

and take the oath of office as a legal practitioner in Form 70AA, and cause the certificate included in that Form to be completed and shall—

  • (f)

    at the time of, or

  • (g)

    within 14 days after,

filing the notice, file the form of oath and the certificate.

(5)

Despite rule 31.2 of the Uniform Civil Procedure Rules 2005

  • (a)

    the statements and other information in the notice which are verified by statutory declaration,

  • (b)

    the document mentioned in—

    • (i)

      section 19 (3) of the Mutual Recognition Act, certified under section 19 (4) of that Act, or

    • (ii)

      section 18 (3) of the Trans-Tasman Mutual Recognition Act, certified under section 18 (4) of that Act,

    accompanying the notice, and

  • (c)

    the certificate referred to in subrule (2) (f),

are admissible in evidence and, unless the Court otherwise orders, shall not be the subject of oral evidence by the applicant.

(6)

(Repealed)

(7)

The application for enrolment made by the notice may be determined or dealt with by the Court in the absence of the public and without any attendance by or on behalf of the applicant.

(8)

If the Court is satisfied that the applicant is entitled to enrolment, it shall order that the applicant be admitted as a legal practitioner and—

  • (a)

    the Prothonotary shall enter or cause to be entered the name of the person admitted in the Roll of Legal Practitioners, and

  • (b)

    the person admitted shall be entitled to receive a certificate bearing the seal of the Court.

5Administering oaths for other courts(1)

A registrar may administer the oath of office of a Supreme Court of another State or Territory of Australia to a New South Wales legal practitioner who is required to take the oath for the purpose of being admitted as a lawyer by that court.

(2)

In subrule (1) “oath of office” and “oath” include any affirmation or declaration that may be taken in lieu of the oath of office.

Division 2Referral under s 13A of the Legal Profession Act 19876Commencement of proceedings(1)

An application is referred to the Court under section 13A of the Legal Profession Act 1987 by filing it.

(2)

Proceedings on a referral (the proceedings) shall be entitled “The Application of” followed by the full name of applicant.

7Application of rules

These rules and the Uniform Civil Procedure Rules 2005 shall apply to the proceedings as if the applicant were the plaintiff in the proceedings.

8Rights of professional bodies(1)

The Legal Practitioners Admission Board shall notify the applicant, the New South Wales Bar Association and the Law Society of New South Wales of a referral within 5 days of filing it.

(2)

The New South Wales Bar Association and the Law Society of New South Wales shall be entitled with the leave of the Court to be joined as a party in the proceedings.

9Directions(1)

Following commencement, the proceedings shall be listed before the Court for directions.

(2)

The Court may, at any stage of the proceedings, direct that any person be added as a party or substituted for another party or a former party or that notice of the proceedings be served on any person in addition to or instead of the defendant.

(3)

Subrule (2) does not affect the powers of the Court under Part 7 of the Uniform Civil Procedure Rules 2005.

10Evidence

Rule 31.2 of the Uniform Civil Procedure Rules 2005 shall apply to evidence in the proceedings, including evidence as to character.

Parts 66–68

(Repealed)

Part 69Infants’ Custody and Settlements Act rules1Custody etc(1)

This rule applies to an application for an order under section 5 of the Infants’ Custody and Settlements Act of 1899 in respect of any minor.

cf Consolidated Equity Rules of 1902, r 319.

(2)

Where proceedings under that section in respect of the minor are pending in the Court—

  • (a)

    the application shall be made by motion in the proceedings, and

  • (b)

    notice of the motion shall, unless the Court otherwise orders, be served on his parents or on the guardian of his person.

(3)

Where no proceedings under that section in respect of the minor are pending in the Court—

  • (a)

    proceedings for the order shall be commenced by summons, and

  • (b)

    his parents or the guardian of his person shall, unless the Court otherwise orders, be made defendants.

cf CER, r 319.

2Assignment of business

Proceedings for orders under Part 1 of the Infants’ Custody and Settlements Act 1899 shall be commenced in the Equity Division.

Parts 70, 71

(Repealed)

Part 71AService and Execution of Process Act 1992 (Commonwealth)1Interpretation(1)

In this Part, unless the context or subject matter otherwise indicates or requires, each of the expressions—

court of rendition,

enforcement,

judgment, and

place of rendition,

has the meaning which it has in the Service and Execution of Process Act.

(2)

For the purposes of the application of the rules, unless the context or subject matter otherwise indicates or requires, defendant includes the respondent under section 86 or section 90 of the Service and Execution of Process Act.

2Commencement of proceedings(1)

(Repealed)

(2)

Proceedings in the Court under section 105 (4) of the Service and Execution of Process Act shall be commenced by summons.

(3)

Proceedings in the Court on an application under section 57 (1), section 67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service and Execution of Process Act shall be commenced by summons.

(4)

Proceedings in the Court on an application under section 72 (1) or section 86 of the Service and Execution of Process Act shall be commenced—

  • (a)

    where the application is in or for the purposes of or in relation to proceedings in the Court—by motion on notice in those proceedings, or

  • (b)

    otherwise—by summons.

3Title and parties(1)

A document in any proceedings in the Court under Part 6 of the Service and Execution of Process Act shall be entitled between—

  • (a)

    as plaintiff, the person in whose favour judgment was given or order made, and

  • (b)

    as defendant—

    • (i)

      the person against whom execution is issued or other proceedings taken upon the judgment registered under that Act, or

    • (ii)

      the applicant for a stay under section 106 of that Act.

(2)

In proceedings under section 57 (1), section 67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service and Execution of Process Act, no person shall be joined as a defendant.

4Where service not required

Process by which application is made under section 57 (1), section 67 (1), section 76 (1), section 79 (1), section 93 (1) or section 105 (4) of the Service and Execution of Process Act need not, unless the Court otherwise orders, be served on any person.

5Where attendance not required

Where, in proceedings for an order under section 57 (1), section 76 (1) or section 79 (1) of the Service and Execution of Process Act, the plaintiff adds to the summons a request that the application be granted under this rule, the Court may hear the proceedings in the absence of the public and without any attendance by or on behalf of the plaintiff.

6Enforcement proceedings(1)

A person proceeding for enforcement of a judgment registered under the Service and Execution of Process Act shall file an affidavit, sworn not more than 14 days before proceedings are taken, stating—

  • (a)

    that the judgment is capable of being enforced, and

  • (b)

    the extent to which the judgment is capable of being enforced,

in or by—

  • (c)

    the court of rendition, or

  • (d)

    a court in the place of rendition.

(2)

The Court may notify the Sheriff of any change in the rate of interest payable on the judgment in the court of rendition.

7Costs and expenses of registration etc(1)

The costs and expenses referred to in section 107 (1) of the Service and Execution of Process Act shall be assessed by the Court.

(2)

An application for assessment of costs and expenses under subrule (1) shall be made by filing an affidavit—

  • (a)

    which contains particulars of the costs and expenses claimed, and

  • (b)

    states the basis upon which the costs and expenses are claimed.

(3)

The plaintiff may proceed without service of the affidavit on any party.

(4)

The Court may make an assessment in the absence of the public and without any attendance by or on behalf of the plaintiff.

8Facsimile number and e-mail address

An application made to the Court under a provision of the Service and Execution of Process Act—

  • (a)

    if made by facsimile transmission—must be transmitted to transmission number (02) 9230 8628, or

  • (b)

    if made by electronic mail—must be transmitted to the following address—

Parts 72–73

(Repealed)

Part 74Transfers of proceedings; cross-vesting lawsDivisions 1, 21–3

(Repealed)

Division 3Cross-vesting laws4Definitions(1)

In this Division, unless the context or subject matter otherwise indicates or requires, subject Act means the Jurisdiction of Courts (Cross-vesting) Act 1987 or the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.

(2)

Expressions used in this Division shall have, unless the contrary intention appears, in relation to proceedings under a subject Act, the same meaning as in that subject Act.

(3)

In this Division a reference to an application to the Court under a subject Act includes a reference to a request under section 6 (6) of that subject Act.

5Mode of application

Any application for an order under any provision (except section 8) of a subject Act shall be made by motion in the proceedings pending in the Court.

6Addition above title

Where a party to any proceeding in the Court intends to contend that—

  • (a)

    the Court should exercise jurisdiction pursuant to any provision of a subject Act or any law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or

  • (b)

    that the Court should transfer the proceeding to another Court pursuant to any such provision or law,

the party shall add “Jurisdiction of Courts (Cross-vesting) Acts 1987” to the first document filed by that party.

7Attorney-General

If an application for the transfer of proceedings pending in the Court is made by the Attorney-General of the Commonwealth or a State or Territory under a subject Act, the Attorney-General shall not, by reason of the application, become a party to those proceedings.

8Application relating to transfer

Where a party to any proceeding in the Court intends to contend that—

  • (a)

    the Court should exercise jurisdiction pursuant to any provision of a subject Act or any law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or

  • (b)

    that the Court should transfer the proceeding to another Court pursuant to any such provision or law,

the party shall, on or as soon as practicable after commencement of the proceedings, apply to the Court for a determination of the question whether or not the proceeding should be transferred to another Court.

9Application of other laws or rules(1)

Where a party wishes to contend that the Court should, under section 11 (1) (b) or (c) of a subject Act, apply the written law of another State or Territory or the rules of evidence or procedure other than those applied in the State, the party shall, as soon as practicable—

  • (a)

    file notice of the contention, specifying the law or rules and stating the grounds relied upon in support of the contention,

  • (b)

    forthwith after filing the notice, serve it on each other party.

(2)

The Court may, on the application of a party to a proceeding or of its own motion, give directions in relation to the application of a law or rule under section 11 (1) (b) or (c) of a subject Act.

Part 75Criminal proceedingsDivision 1General1Application(1)

Subject to section 17 of the Act and except as provided in this Part, the rules do not apply to any of the proceedings in the Court which are specified in the Third Schedule to the Act.

(2)

Despite the other provisions of this Part, the rules do not apply to proceedings in the Court of Criminal Appeal, including proceedings specified in the Act, Third Schedule, clause (d).

Note—

The Supreme Court (Criminal Appeal) Rules 2021 provide for the practice and procedure for proceedings in the Court of Criminal Appeal.

1A

(Repealed)

2Rules applicable

The following provisions of these rules apply, so far as applicable, to proceedings specified in the Third Schedule to the Act and to proceedings to which Division 2 applies—

  • (a)

    Part 1 (preliminary matters), other than Part 1 rule 11 (3),

  • (b)

    Part 1A (sittings and vacations),

  • (c)

    Part 2 (time),

  • (d)

    Part 55 (procedure for punishment for contempt),

  • (e)

    Part 61 rules 1 (4), (5) and (6), 2 and 3 (registrars),

  • (f)

    Schedule F, forms 74AA, 74AB, 74AC and 74AD (subpoenas),

  • (g)

    clause 1 of the matter relating to the Jury Act 1977 in Schedule J.

3Rules applicable(1)

The following provisions of the Uniform Civil Procedure Rules 2005 apply, so far as applicable, to proceedings specified in the Third Schedule to the Act and to proceedings to which Division 2 applies—

  • (a)

    Part 1 (preliminary matters),

  • (b)

    rules 2.1 and 2.2,

  • (c)

    Part 4 (preparation and filing of documents), other than rules 4.2, 4.9 and 4.12,

  • (d)

    Part 10 (service of documents generally), other than rules 10.7 and 10.16,

  • (e)

    rule 29.13 (record of trial to be kept),

  • (f)

    rules 31.7, 31.11, 31.12, 31.21 and 31.22,

  • (f1)

    Division 3 of Part 32 and rule 32.13,

  • (g)

    Part 33 (subpoenas), other than—

    • (i)

      rules 33.3 (1), 33.3 (8), 33.6 (1) and 33.7, and

    • (ii)

      if the issuing party is the Crown, rules 33.2 (3), 33.5 and 33.11,

  • (h)

    Part 35 (affidavits).

(2)

Part 10 of the Uniform Civil Procedure Rules 2005 (other than rules 10.7 and 10.16) applies, so far as applicable, to service of a notice of listing under clause 10 (2) of the Criminal Procedure Regulation 1987.

(3)

For the purposes of subrule (2), the address contained in a notice filed in the registry under clause 6 (1) of the Criminal Procedure Regulation 1987 of an accused person’s solicitor is taken to be the accused person’s address for service.

(4)

Subject to subrule (5), Rule 31.3 of the Uniform Civil Procedure Rules 2005 applies to proceedings specified in the Third Schedule to the Act and to proceedings to which Division 2 applies.

(5)

Orders may not be made under Rule 31.3 of the Uniform Civil Procedure Rules 2005

  • (a)

    in respect of the evidence given by a person against whom the proceedings are brought (an accused), or

  • (b)

    that prevent an accused from attending any part of the proceedings,

without the consent of that accused.

(6)

Rule 31.5 of the Uniform Civil Procedure Rules 2005 applies to proceedings specified in the Third Schedule to the Act and to proceedings to which Division 2 applies as if the time fixed for giving notice were not later than 21 days before the date fixed for hearing.

3AAForms approved by Uniform Rules Committee not to be used

Despite anything to the contrary in this Part, a form approved under section 17 of the Civil Procedure Act 2005 is not to be used for the purposes of proceedings in the Court that are specified in the Third Schedule to the Act or in proceedings to which Division 2 applies.

3AChildren (Criminal Proceedings) Act 1987(1), (2)

(Repealed)

(3)

An application to the Court under section 45 (1) of the Children (Criminal Proceedings) Act 1987 shall be made by motion in the proceedings in respect of the offence.

3BRegistrar may exercise certain powers and functions(1)

Any power or function in relation to civil proceedings—

  • (a)

    that is conferred on a registrar by a provision of these rules referred to in rule 2, or

  • (b)

    that is conferred on a registrar by a provision of the Uniform Civil Procedure Rules 2005 referred to in rule 3, or

  • (c)

    that is required to be exercised by a registrar by an instrument under section 13 of the Civil Procedure Act 2005,

may be exercised by the registrar in relation to proceedings specified in the Third Schedule to the Act and proceedings to which Division 2 applies.

(2)

This rule does not apply to a power or function that is required to be exercised by a registrar by an instrument under section 13 of the Civil Procedure Act 2005 if the instrument states, or necessarily implies, that the registrar may exercise the power or function in relation to civil proceedings only.

(3)

In this rule, civil proceedings has the same meaning as it has in the Civil Procedure Act 2005.

3CEvidence taken outside the State

Rule 1 shall not apply to proceedings under—

  • (a)

    Part 2 of the Foreign Evidence Act, or

  • (b)

    the Evidence on Commission Act 1995,

(to which proceedings Part 24 of the Uniform Civil Procedure Rules 2005 relates).

3DForm of indictment(1)

An indictment may be in Form 74AE.

cf Act No 40, 1900, s 567.

(2)

No indictment shall be held bad or insufficient for failure to comply with the form prescribed by subrule (1) or with subrule (2A).

cf Act No 40, 1900, s 360.

(2A)

An indictment must specify the Law Part Code (if any) for each offence alleged to have been committed in the indictment.

(3)

The rules, other than this rule and Form 74AE, shall not apply to an indictment in any other Court.

(4)

In this rule—

Law Part Code for an offence means the Law Part Code allocated to the offence in the Lawcodes Database maintained by the Judicial Commission of New South Wales.

3E–3G

(Repealed)

3HElection under s132 of Criminal Procedure Act 1986(1)

An election under section 132 (1) or (5) of the Criminal Procedure Act 1986 shall—

  • (a)

    be in the prescribed form,

  • (b)

    in the case of an election under section 16 (1)—be endorsed with the consent of the Director for Public Prosecutions given under section 16 (3), and

  • (c)

    be filed before the date fixed for the trial.

(2)

Consent of the Director of Public Prosecutions may be endorsed under subrule (1) (b) by that Director or an officer authorised in writing by that Director to give such consents.

3HACriminal proceedings

(cf former Part 27, rule 1B)

(1)

If a person has been committed for trial or is to be dealt with before the Court, a proceeding between the prosecuting authority and the person is taken to be before the Court for the purposes of any application to the Court under section 6 or 20 of the Evidence on Commission Act 1995 or under section 7 of the Foreign Evidence Act 1994 of the Commonwealth.

(2)

Any such application is to be made—

  • (a)

    in a proceeding which is before the Court under subrule (1)—by summons, or

  • (b)

    in proceedings which are specified in the Third Schedule to the Act—by motion in the proceedings as if the proceedings had been commenced by summons, or

  • (c)

    in proceedings in the Court in its summary jurisdiction—by motion in the proceedings.

(3)

If a person has been committed for trial or to be dealt with before the District Court, a proceeding between the prosecuting authority and the person is taken to be before the District Court for the purposes of any application to the Court under section 9 or 23 of the Evidence on Commission Act 1995 or under section 10 of the Foreign Evidence Act 1994 of the Commonwealth.

3IReturn of exhibits

Where proceedings specified in the Third Schedule to the Act or assigned by rule 3HA or by Part 75 have been concluded and—

  • (a)

    28 days have expired since the conclusion, and

  • (b)

    there is no undisposed of appeal, or application for leave to appeal, in respect of the proceedings,

the registrar may, unless the Court otherwise orders, return any exhibits in the proceedings still in the custody of the registrar by forwarding them to the Director of Public Prosecutions.

3JExpert witnesses(1)

This rule and rule 3K apply to all criminal proceedings in the Court (including those specified in the Third Schedule to the Act).

(2)

For the purposes of this rule and rule 3K—

expert witness means an expert engaged for the purpose of—

  • (a)

    providing a report as to his or her opinion for use as evidence in proceedings or proposed proceedings, or

  • (b)

    giving opinion evidence in proceedings or proposed proceedings.

the code means the expert witness code of conduct in Schedule 7 to the Uniform Civil Procedure Rules 2005.

(3)

Unless the Court otherwise orders—

  • (a)

    at or as soon as practicable after the engagement of an expert as a witness, whether to give oral evidence or to provide a report for use as evidence, the person engaging the expert must provide the expert with a copy of the code, and

  • (b)

    unless an expert witness’s report contains an acknowledgment by the expert witness that he or she has read the code and agrees to be bound by it—

    • (i)

      service of the report by the party who engaged the expert witness is not valid service for the purposes of the rules or of any order or practice note, and

    • (ii)

      the report is not to be admitted into evidence, and

  • (c)

    oral evidence is not to be received from an expert witness unless—

    • (i)

      he or she has acknowledged in writing, whether in a report relating to the proposed evidence or otherwise in relation to the proceedings, that he or she has read the code and agrees to be bound by it, and

    • (ii)

      a copy of the acknowledgment has been served on all parties affected by the evidence.

(4)

If an expert witness furnishes to the engaging party a supplementary report, including any report indicating that the expert witness has changed his or her opinion on a material matter expressed in an earlier report by the expert witness—

  • (a)

    the engaging party must forthwith serve the supplementary report on all parties on whom the engaging party has served the earlier report, and

  • (b)

    the earlier report must not be used in the proceedings by the engaging party, or by any party in the same interest as the engaging party on the question to which the earlier report relates, unless paragraph (a) is complied with.

(5)

This rule does not apply to an expert engaged before this rule commences.

3KConference between experts(1)

The Court may do any or all of the following, with the consent of the parties—

  • (a)

    direct expert witnesses to confer (whether before or during a trial or other proceedings),

  • (b)

    specify the matters on which they are to confer,

  • (c)

    direct that they provide the Court with a joint report specifying matters agreed and matters not agreed and the reasons for any non agreement,

  • (d)

    direct that such conference be held with or without the attendance of the legal representatives of the parties affected, or with or without the attendance of legal representatives at the option of the parties respectively,

  • (e)

    give any additional directions as may be considered necessary.

(2)

An expert who is the subject of an order made under subrule (1) may apply to the Court for further directions.

(3)

The content of the conference between the expert witnesses is not to be referred to at the hearing or trial unless the parties affected agree.

(4)

The parties may agree, at any time, to be bound by agreement on any specified matter. In that event, the joint report may be tendered at the trial as evidence of the matter agreed. Otherwise, the joint report may be used or tendered at the trial only in accordance with the rules of evidence and the practices of the Court.

(5)

Where, pursuant to this rule, expert witnesses have conferred and have provided a joint report agreeing on any matter, a party affected may not, without leave of the Court, adduce expert evidence inconsistent with the matter agreed.

3LRecording of evidence(1)

This rule applies to all criminal proceedings in the Court (including those specified in the Third Schedule to the Act).

(2)

Evidence given by a witness may be recorded by video or by any other audio-visual method as directed by the Court.

3MEntry of judgments and orders(1)

This rule applies in relation to proceedings specified in the Third Schedule to the Act and to proceedings to which Division 2 applies.

(2)

Any judgment or order of the Court is to be entered as soon as practicable after it is given or made.

(3)

Unless subrule (4) applies, a judgment or order of the Court is taken to be entered when it is recorded in the Court’s computerised court record system.

Note—

The Court’s computerised court record system is JusticeLink.

(4)

If a technical problem would prevent the timely entry of a judgment or order in accordance with subrule (3), a judgment or order of the Court is taken to be entered when a record of the judgment or order set out on the indictment for the proceedings, or on or in the appropriate court file, is signed by a Judge giving or making the judgment or order, the Judge’s associate or the registrar.

(5)

In this rule—

  • (a)

    a reference to a judgment or order of the Court extends to a reference to a sentence, direction or recommendation of the Court, and

  • (b)

    a reference to a technical problem is a reference to a technical problem with, or in accessing, the Court’s computerised court record system (for example, if remote electronic access is required to enter a judgment or order on the system and there is a technical problem with computer equipment or internet connection).

Division 2Summary jurisdiction4Application

This Division applies to proceedings in the Court under the Part 5 of Chapter 4 of the Criminal Procedure Act 1986 (in this Division called the subject Act).

5Interpretation

For the purposes of applying rules other than this Part to proceedings to which this Division applies, unless the context or subject matter otherwise indicates or requires, plaintiff means “prosecutor”.

5A

(Repealed)

6Rules applicable

In addition to the rules mentioned in rules 2 and 3, the following provisions of the Uniform Civil Procedure Rules 2005 apply, so far as applicable, to proceedings to which this Division applies—

  • (a)

    rule 4.10,

  • (b)

    rules 6.15 and 6.16,

  • (c)

    Part 19,

  • (d)

    rule 34.1,

  • (e)

    Part 36.

7Commencement of proceedings

Proceedings for an offence under any Act which may be taken before the Court in its summary jurisdiction shall be commenced in the Court by summons claiming an order under section 246 of the subject Act in respect of the offence and claiming that the defendant be dealt with according to law for commission of the offence.

8Copies of order

When the prosecutor files the summons, he shall lodge with the registrar two or more copies of a minute of the order which he claims.

9Service(1)

The summons and any affidavit in support of an application under section 246 of the subject Act shall not, unless the Court so directs, be served before the making of the order but shall be served on the defendant when the minute of order is served on him.

(2)

Subject to any Act, a minute of any order made under section 246 (1) or section 250 (b) of the subject Act and any affidavits used to obtain either of those orders shall be served personally upon the defendant.

10Evidence of service

Evidence of service of any document in any proceedings to which this Division applies may be given by affidavit.

10APrivilege(1)

Where the Court, by subpoena or otherwise, orders any person to produce any document or thing, and any person makes and substantiates sufficient lawful objection to production on grounds of privilege, the Court shall not compel production of that document or thing except production to the Court for the purpose of ruling on the objection.

(2)

Where a question is put to a person in the course of examination, and any person makes and substantiates sufficient lawful objection on grounds of privilege to the question being answered, the Court shall not compel an answer to the question.

(3)

Subrule (1) applies where an order is made for production to, and subrule (2) applies where a question is put to a person in the course of examination before, the Court or a Judge or any officer of the Court, or any examiner, referee, arbitrator or other person authorised to receive evidence, whether on a trial or hearing or on any other occasion.

(3A)

Where a party to any proceedings claims privilege from production of any document, the Court may, if it thinks fit—

  • (a)

    permit evidence in relation to the claim to be given by any other party by affidavit or otherwise, and

  • (b)

    permit cross-examination on any affidavit used in support of the claim.

(4)

This rule does not affect any rule of law which authorises or requires the withholding of any document or thing or the refusal to answer any question on the ground that the disclosure of the document or thing or the answering of the question would be injurious to the public interest.

(5)

Subrules (1), (2) and (3) do not apply to an objection to produce any document or thing or to answer any question on the ground mentioned in subrule (4).

11Pre-trial procedures(1)

The procedures prescribed by this rule shall be complete before the trial of a case commences.

(2)

This rule does not apply where the person charged with an offence pleads guilty to the offence or where the Judge dismisses the charge under section 249 (1) or 251 of the subject Act.

(3)

In this rule, trial includes the hearing and determination of the case and the adjudication on the case under section 250 (a) of the subject Act.

(4)

The Judge may, of his own motion or on the application of a party—

  • (a)

    make orders and give directions for the just and efficient disposal of the proceedings,

  • (b)

    without limiting the generality of paragraph (a), make such orders and give such directions as may be appropriate relating to—

    • (i)

      the giving by the plaintiff to the defendant of particulars or further and better particulars,

    • (ii)

      the giving by the plaintiff to the defendant of a list of persons who it is expected will be called to give evidence at the trial or, if the Judge thinks fit, who have made statements in writing but who it is expected will not be so called,

    • (iii)

      the giving by the plaintiff to the defendant of a copy of any statement made in writing by any person whose evidence it is expected will be given at the trial or, if that person has not made a statement in writing or if the Judge thinks fit, of a summary of the evidence which it is expected he will give at the trial,

    • (iv)

      the giving by the plaintiff to the defendant of a list of documents or things which it is expected will be tendered in evidence at the trial,

    • (v)

      the giving by the plaintiff to the defendant of copies of documents,

    • (vi)

      inspection by the defendant of documents or of property,

    • (vii)

      evidence, including evidence under section 69 of the Evidence Act,

    • (viii)

      any admission or consent of the defendant under section 184 of the Evidence Act 1995, and

    • (ix)

      any alibi.

(5)

The procedures prescribed by this rule are completed when the Judge certifies that in his opinion the pre-trial procedures prescribed by this rule have been completed.

11AProcedure where defendant does not appear

If a defendant charged with two or more offences, whether of a like or different nature, does not appear at the time and place appointed for the hearing of the charges by the orders relating thereto, the Judge, upon proof in the manner prescribed of the due service of the orders upon him a reasonable time before the time appointed for his appearance, may proceed to hear and determine all or any of the charges together and adjudicate thereon in the absence of the defendant.

cf Act No 27 of 1902, s 75A.

11BDefendant to plead(1)

Where the defendant appears at the hearing and has been provided with a written copy of the charges against him, the substance of the order under section 246 (1) of the subject Act shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him.

(2)

If he thereupon admits the truth of the charges and shows no sufficient cause why he should not be convicted or why an order should not be made against him, the Judge shall convict him or make an order against him accordingly.

(3)

If he does not admit the truth of the charges, the Judge shall proceed to hear the prosecutor and the witnesses whom he examines and such other evidence as he adduces in support of the charges and to hear the defendant and the witnesses whom he examines and such other evidence as he adduces in his defence.

cf Act No 27 of 1902, s 78.

12

(Repealed)

13Termination of proceedings in a court of petty sessions(1)

A Local Court is notified under section 255 of the subject Act of the commencement of proceedings under the subject Act for an offence when a minute of the order made under section 246 of the subject Act is delivered to a Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 at the Local Court before which the proceedings for that offence are pending.

(2)

A notice stating that the proceedings in the Local Court for the offence charged in the order have been terminated shall be served on the defendant with the minute of order under section 246 of the subject Act.

14Arrest warrants

(cf former Part 42, rule 7)

(1)

Subject to rules of court—

  • (a)

    if, by subpoena or otherwise, the Court makes an order, whether under an Act or under rules of court—

    • (i)

      for a person to attend the Court for any purpose, or

    • (ii)

      for a person to produce any document or thing to the Court, and

  • (b)

    the person fails to comply with the order,

the Court may issue, or make an order for the issue of, a warrant for the person’s arrest.

(2)

Subject to rules of court, an arrest warrant may be issued without notice to the person.

(3)

The Court may revoke an arrest warrant.

(4)

An arrest warrant is sufficient authority for any person to whom it is addressed, with the assistance of such police officers as may be necessary, to arrest the person named in the warrant, to convey the person to the place specified in the warrant and to deliver the person into the custody of the Court sitting at that place.

Parts 76, 77

(Repealed)

Part 78Probate and administrationDivision 1Preliminary1Definitions

(cf former Part 78, rule 1)

In this Part—

administration means administration of a deceased person’s estate, and includes—

  • (a)

    administration with the will annexed, and

  • (b)

    administration where a prior grant of probate or administration has become inoperative, and

  • (c)

    limited and special administration.

affidavit in support, in relation to an application—

  • (a)

    for the grant of probate or administration, or

  • (b)

    for the resealing of a foreign grant,

means an affidavit referred to in rule 12.

caveat against grant of probate or administration means a caveat referred to in rule 66.

caveat concerning an informal testamentary instrument means a caveat referred to in rule 67.

caveat requiring proof in solemn form means a caveat referred to in rule 68.

contentious proceedings means proceedings in which—

  • (a)

    a notice of proceedings has been served on any person, or

  • (b)

    there is a defendant,

but, in relation to proceedings concerning an informal testamentary document in which the only defendant is a person who has become a defendant pursuant to rule 44 (2), includes only such parts of the proceedings as are referred to in rule 44 (4).

foreign grant means probate, or letters of administration, granted elsewhere than in New South Wales by a court of competent jurisdiction referred to in section 107 (1) of the Probate and Administration Act 1898.

informal testamentary document means a document that (together with any amendments to it) purports to embody a deceased person’s testamentary intentions, being a document that has not been duly executed.

named executor, in relation to an application for grant of probate or administration, means an executor named in the will to which the application relates.

non-contentious proceedings means proceedings that are not contentious proceedings.

notice of proceedings means a notice referred to in rule 57 (1).

notice to apply for administration means a notice referred to in rule 53 (2).

notice to apply for probate means a notice referred to in rule 55 (2).

registrar means a registrar within the meaning of the Probate and Administration Act 1898 or the Succession Act 2006, and includes a deputy or assistant to any such registrar who has been appointed as such under section 120 of the Supreme Court Act 1970.

resealing means the sealing, under section 107 of the Probate and Administration Act 1898, of a foreign grant.

will includes a codicil and any other testamentary document.

2Forms

Documents under this Part for which a form is approved under section 17 of the Civil Procedure Act 2005 are to be completed in accordance with, and are to include such information as is required by, the form so approved.

Division 2Commencement of proceedings3Publication of notice of intended application for probate or administration: section 42 of P&A Act

(cf former Part 78, rule 10)

(1)

The notice of an intended application for the grant of probate or administration that is required under section 42 of the Probate and Administration Act 1898 must be published on the New South Wales Online Registry website.

(2)

The notice must include—

  • (a)

    the date of any will (and of any codicil to any such will) that is sought to be proved or, if the will bears no date, a statement of that fact and of the will’s approximate date, if known, and

  • (b)

    a statement requiring creditors of the deceased to send in their claims.

(3)

Subrule (2) does not apply to the grant of administration under section 91 of the Succession Act 2006.

(4)

The Court may require further advertisement of the intended application.

Ins 2006 (137), Sch 1 [4].

Sch A

Am 2.6.1972; 23.6.1972; 20.10.1972; 28.6.1974; 6.9.1974; 1.8.1975; 23.7.1976; 1.4.1977; 23.9.1977; 21.10.1977; 28.4.1978; 24.10.1980; 16.4.1982; 23.12.1983 (see erratum 13.1.1984); 26.4.1985; 22.9.1989. Rep 2005 (407), Sch 1 [159].

Sch B

Am 2.6.1972; 23.6.1972; 30.6.1972; 20.10.1972; 27.10.1972; 7.9.1973; 25.10.1974; 13.6.1975; 1.8.1975; 22.8.1975; 26.3.1976; 27.5.1977; 21.12.1979; 29.8.1980; 29.6.1984; 25.3.1988; 23.12.1988; 22.9.1989. Rep 2005 (407), Sch 1 [159].

Sch C

Am 2.6.1972; 23.6.1972; 30.6.1972; 20.10.1972; 27.10.1972; 7.9.1973; 25.10.1974; 13.6.1975; 1.8.1975; 22.8.1975; 26.3.1976; 27.5.1977; 21.12.1979; 29.6.1984; 23.12.1988; 22.9.1989. Rep 2005 (407), Sch 1 [159].

Sch D

Subst 20.10.1972.

Side note to heading

Am 23.9.1988.

Part 1

Subst 20.10.1972. Rep 28.10.1977.

Part 1 (previously Part 2)

Subst 20.10.1972. Am 1.6.1973; 24.8.1973; 7.9.1973; 5.10.1973; 7.12.1973; 25.10.1974; 4.4.1975; 13.6.1975; 23.7.1976; 25.3.1977; 29.4.1977; 22.7.1977. Renumbered 28.10.1977. Am 28.7.1978; 30.5.1980; 24.7.1981; 28.8.1981; 30.6.1982; 22.10.1982; 22.4.1983; 8.7.1983; 31.8.1984; 26.4.1985 (see erratum 10.5.1985); 5.7.1985; 23.8.1985; 22.8.1986; 19.6.1987; 25.9.1987; 26.8.1988; 23.12.1988; 14.7.1989; 22.12.1989; 20.4.1990; 25.5.1990; 22.6.1990; 20.7.1990; 15.2.1991; 15.3.1991; 6.3.1992; 27.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 2.4.1993; 20.8.1993; 24.9.1993; 31.3.1994 (see erratum 8.4.1994); 24.6.1994; 25.8.1995; 22.9.1995; 23.2.1996; 21.3.1997; 23.5.1997; 22.5.1998; 21.8.1998; 20.8.1999; 19.11.1999; 21.7.2000; 25.8.2000; 23.2.2001; 28.11.2003. Subst 27.8.2004. Am 2008 (62), Sch 1 [27]; 2009 (165), Sch 1 [2].

Part 2 (previously Part 3)

Am 2.6.1972; 30.6.1972. Subst 20.10.1972. Am 1.6.1973; 22.2.1974; 29.3.1974; 3.5.1974; 28.6.1974; 22.8.1975; 23.7.1976; 29.4.1977; 22.7.1977. Renumbered 28.10.1977. Am 28.10.1977; 28.7.1978; 8.7.1983; 23.12.1983; 31.5.1985; 22.11.1985; 24.4.1986; 12.9.1986; 20.11.1987; 23.9.1988; 19.5.1989; 20.10.1989; 23.2.1990; 22.6.1990; 28.4.1995; 23.5.1997; 21.5.1999; 24.11.2000; 23.2.2001; 19.10.2001 (see also 26.10.2001); 2005 (407), Sch 1 [160] [161]; 2005 (809), Sch 1 [2]; 2007 (446), Sch 1 [5]–[7]; 2012 (606), Sch 1 [2].

Part 3 (previously Part 4)

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

Sch E

Rep 2005 (407), Sch 1 [162].

Part 1

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

Part 2

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

Sch F

Ins 2.6.1972.

Explanatory Notes

Ins 2.6.1972. Am 23.12.1977; 16.1.1981; 22.10.1982; 18.12.1987; 25.2.1994; 23.5.1997; 19.2.1999; 24.4.2003; 2007 (446), Sch 1 [8]. Rep 2012 (606), Sch 1 [3].

Form 1

Ins 2.6.1972. Subst 23.12.1977. Am 6.7.1979; 23.5.1980; 14.11.1980; 8.7.1983; 20.8.1993. Subst 25.8.1995 (see erratum 16.2.1996). Am 29.8.2003; 2012 No 95, Sch 2.37; 2012 (606), Sch 1 [4].

Forms 2, 3

Ins 2.6.1972. Am 23.12.1977; 8.7.1983.

Form 4

Ins 2.6.1972. Am 23.12.1977.

Form 5

Ins 2.6.1972. Am 4.4.1975; 1.8.1975; 23.12.1977; 21.4.1978; 24.4.1981 (see erratum 29.5.1981); 25.2.1983; 9.12.1983 (see erratum 13.1.1984); 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Subst 14.3.2003. Am 5.9.2003. Rep 2012 (605), rule 3.

Form 6

Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 19.7.1985; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002; 13.6.2003; 5.9.2003. Rep 2012 (605), rule 3.

Form 7

Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 6.7.1979; 14.11.1980; 24.4.1981 (see erratum 29.5.1981); 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Rep 13.6.2003.

Form 8

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 9

Ins 2.6.1972. Am 29.3.1974; 23.12.1977; 8.7.1983; 20.2.1998; 29.11.2002; 5.9.2003. Rep 2012 (605), rule 3.

Form 10

Ins 2.6.1972. Am 29.3.1974; 4.4.1975; 1.8.1975; 23.12.1977; 23.5.1980; 24.4.1981 (see erratum 29.5.1981); 25.2.1983; 9.12.1983 (see erratum 13.1.1984); 23.3.1984; 7.12.1984; 24.10.1986; 20.2.1987; 25.10.1996; 20.2.1998; 29.11.2002; 5.9.2003; 20.2.2004. Rep 2012 (605), rule 3.

Form 11

Ins 2.6.1972. Am 29.3.1974. Rep 23.5.1980.

Form 11A

Ins 29.3.1974. Am 20.2.1998; 29.11.2002; 5.9.2003. Rep 2012 (605), rule 3.

Form 11B

Ins 29.3.1974. Am 4.4.1975; 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Rep 13.6.2003.

Form 12

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 13

Ins 2.6.1972. Am 25.10.1996. Rep 2012 (605), rule 3.

Form 13A

Ins 21.10.1977. Rep 6.7.1979. Ins 17.6.1988. Rep 2012 (605), rule 3.

Forms 14, 15

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 16

Ins 2.6.1972. Am 23.12.1977; 23.5.1980; 20.2.1987; 23.12.1988; 16.8.1991; 25.10.1991; 22.5.1992 (see erratum 12.6.1992); 27.11.1992; 23.5.1997; 2007 (446), Sch 1 [9]. Rep 2012 (605), rule 3.

Form 17

Ins 2.6.1972. Am 25.2.1983; 29.11.2002; 5.9.2003. Rep 2012 (605), rule 3.

Form 18

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 19

Ins 2.6.1972. Am 29.11.2002; 5.9.2003. Rep 2012 (605), rule 3.

Form 20

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 20A

Ins 25.2.1983. Rep 2012 (605), rule 3.

Form 20B

Ins 25.2.1983. Am 21.10.1994. Rep 2012 (605), rule 3.

Form 20C

Ins 25.10.1996. Rep 2012 (605), rule 3.

Forms 21, 22

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 23

Ins 2.6.1972. Am 16.1.1981. Subst 24.2.1995. Rep 2012 (605), rule 3.

Form 24

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 25

Ins 2.6.1972. Am 31.8.1984. Rep 23.6.1989.

Forms 26–30

Ins 2.6.1972. Rep 23.6.1989.

Form 30A

Ins 31.8.1984. Am 7.12.1984. Rep 23.6.1989.

Form 31

Ins 2.6.1972. Rep 19.7.1996.

Form 32

Ins 2.6.1972. Am 9.12.1983. Rep 19.7.1996.

Form 33

Ins 2.6.1972. Rep 2012 (605), rule 3.

Forms 34, 35

Ins 2.6.1972. Am 26.9.1986. Rep 2012 (605), rule 3.

Form 36

Ins 2.6.1972. Subst 23.3.1984. Rep 22.9.1995.

Form 37

Ins 2.6.1972. Subst 23.3.1984. Rep 2012 (605), rule 3.

Form 38

Ins 2.6.1972. Am 19.5.1989. Rep 2012 (605), rule 3.

Form 39

Ins 2.6.1972. Am 24.10.1986; 19.5.1989. Rep 2012 (605), rule 3.

Form 40

Ins 2.6.1972. Am 19.5.1989. Rep 2012 (605), rule 3.

Form 41

Ins 2.6.1972. Am 25.5.1990. Rep 2012 (605), rule 3.

Forms 41A, 41B

Ins 1.8.1975. Rep 29.8.2003.

Form 42

Ins 2.6.1972. Am 31.5.1985; 24.4.1986; 21.11.1986. Rep 2012 (605), rule 3.

Form 43

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 43A

Ins 4.3.2005. Rep 2012 (605), rule 3.

Form 44

Ins 2.6.1972. Am 21.2.1997. Rep 2012 (605), rule 3.

Form 45

Ins 2.6.1972. Am 14.7.1989; 21.5.1999. Rep 2012 (605), rule 3.

Form 45A

Ins 1.3.1996. Am 31.8.2001.

Form 45B

Ins 1.3.1996. Am 24.5.1996; 31.8.2001.

Form 45C

Ins 1.3.1996. Am 31.8.2001.

Form 45D

Ins 1.3.1996.

Form 45E

Ins 1.3.1996. Am 31.8.2001.

Forms 45F–45H

Ins 1.3.1996.

Form 46

Ins 2.6.1972. Subst 2.4.1982. Am 29.6.1984; 20.10.1989; 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 21.10.1994; 31.8.2001. Subst 26.3.2004. Rep 2012 (605), rule 3.

Form 46A

Ins 2.4.1982. Am 29.6.1984; 20.10.1989; 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 21.10.1994; 25.8.1995; 31.8.2001. Rep 26.3.2004.

Form 46B

Ins 20.10.1989. Am 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 31.8.2001. Rep 26.3.2004.

Form 47

Ins 2.6.1972. Subst 17.8.1979; 2.4.1982. Am 29.6.1984; 20.9.1985; 20.10.1989; 22.6.1990; 2.10.1992; 30.10.1992; 2.4.1993; 21.10.1994. Rep 26.3.2004.

Form 48

Ins 2.6.1972. Subst 17.8.1979; 2.4.1982. Am 29.6.1984; 20.9.1985; 20.10.1989; 22.6.1990; 2.10.1992; 30.10.1992; 26.2.1993; 2.4.1993; 21.10.1994; 31.8.2001. Rep 26.3.2004.

Form 49

Ins 2.6.1972. Am 21.10.1994. Rep 2012 (605), rule 3.

Forms 50, 51

Ins 2.6.1972. Am 30.3.1979. Rep 2012 (605), rule 3.

Form 51A

Ins 5.10.1973. Am 22.5.1992. Subst 2.10.1992. Am 24.6.1994.

Form 52

Ins 2.6.1972. Am 30.3.1979; 30.9.1988. Rep 2012 (605), rule 3.

Form 53

Ins 2.6.1972. Am 30.3.1979. Rep 2012 (605), rule 3.

Form 54

Ins 2.6.1972. Am 30.3.1979; 2.4.1993. Rep 2012 (605), rule 3.

Form 55

Ins 2.6.1972.

Form 56

Ins 2.6.1972. Am 19.2.1988. Rep 2012 (605), rule 3.

Form 57

Ins 2.6.1972. Am 30.3.1979; 23.10.1987; 2.4.1993; 24.6.1994. Rep 2012 (605), rule 3.

Forms 57A, 57B

Ins 28.5.1982. Am 23.2.1990. Rep 2012 (605), rule 3.

Form 58

Ins 2.6.1972. Am 24.8.1973. Subst 1.5.1987. Am 2.4.1993. Rep 2012 (605), rule 3.

Form 59

Ins 2.6.1972. Am 23.5.1997. Subst 5.12.1997. Am 23.5.2003; 13.6.2003. Rep 2007 (446), Sch 1 [10].

Form 59A

Ins 5.12.1997. Rep 2007 (446), Sch 1 [10].

Form 60

Ins 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60AA (previously Form 60)

Ins 2.6.1972. Am 20.12.1974; 4.4.1975; 23.12.1977; 23.5.1980; 8.7.1983; 20.2.1987; 3.9.1993; 23.12.1994; 22.9.1995. Renumbered 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60A

Ins 3.9.1993. Am 22.9.1995. Rep 2007 (446), Sch 1 [10].

Form 60B

Ins 23.12.1994. Am 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60C

Ins 23.12.1994. Am 24.2.1995; 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [10].

Form 61

Ins 2.6.1972. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 61AA

Ins 3.9.1993. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 61A

Ins 21.12.1979. Am 24.8.1990. Subst 14.12.1990; 23.12.1994. Am 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 61B

Ins 23.12.1994. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 62

Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 23.5.1980; 19.7.1985; 20.2.1987; 22.9.1995; 22.3.1996; 23.5.1997; 13.6.2003. Rep 2007 (446), Sch 1 [10].

Form 62A

Ins 22.8.1975. Am 23.12.1977; 23.5.1980; 20.2.1987; 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 62AA

Ins 16.1.1981. Am 8.7.1983; 23.5.1997 (see erratum 14.11.1997). Rep 2007 (446), Sch 1 [10].

Form 62AA1

Ins 24.7.1998. Am 23.10.1998; 20.4.2000. Rep 2007 (446), Sch 1 [10].

Form 62AAA

Ins 20.4.1990. Am 2.10.1992. Rep 2012 (605), rule 3.

Form 62AB

Ins 9.12.1983. Rep 2012 (605), rule 3.

Form 62AC

Ins 23.12.1983. Am 2.10.1992. Rep 2012 (605), rule 3.

Forms 62AD, 62AE

Ins 2.10.1992. Rep 2012 (605), rule 3.

Form 62B

Ins 23.5.1980. Am 2.10.1992. Rep 2012 (605), rule 3.

Form 63

Ins 2.6.1972. Am 23.12.1983; 2.10.1992. Rep 2012 (605), rule 3.

Form 64

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 64A

Ins 7.7.1972. Rep 2012 (605), rule 3.

Form 64B

Ins 25.5.1990. Rep 2012 (605), rule 3.

Form 65

Ins 2.6.1972. Rep 2012 (605), rule 3.

Form 66

Ins 2.6.1972. Am 28.7.1978; 21.2.1997. Rep 2012 (605), rule 3.

Form 67

Ins 2.6.1972. Rep 2012 (605), rule 3.

Forms 68, 69

Ins 2.6.1972. Am 23.12.1988. Subst 2.10.1992. Rep 2012 (605), rule 3.

Form 69A

Ins 2.10.1992. Rep 2008 (62), Sch 1 [28].

Form 69B

Ins 2.10.1992. Am 30.10.1992. Rep 2008 (62), Sch 1 [28].

Form 70

Ins 2.6.1972. Am 19.7.1985. Rep 2012 (605), rule 3.

Form 70AA

Ins 21.5.1993. Am 24.6.1994; 24.4.1998.

Form 70A

Ins 20.12.1985. Am 20.9.1991. Rep 2012 (605), rule 3.

Form 70B

Ins 20.4.2000. Rep 2008 (493), rule 2.

Form 71

Ins 2.6.1972. Am 30.3.1979. Rep 2012 (605), rule 3.

Forms 71A, 71B

Ins 24.10.1986. Rep 24.9.1993.

Forms 71C, 71D

Ins 22.12.1989. Rep 2012 (605), rule 3.

Form 71E

Ins 22.12.1989. Am 21.8.1998. Rep 2012 (605), rule 3.

Form 72

Ins 2.6.1972. Am 23.12.1977; 19.7.1985; 20.2.1987. Subst 24.4.2003. Am 13.6.2003. Rep 2008 (62), Sch 1 [28].

Form 73

Ins 2.6.1972. Am 25.10.1996. Rep 24.4.2003.

Form 73A

Ins 27.3.1987. Rep 24.4.2003.

Form 73B

Ins 27.3.1987. Am 22.11.1996. Rep 24.4.2003.

Form 74

Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [28].

Form 74AA

Ins 29.6.1984 (see erratum 27.7.1984). Am 2.10.1992; 2.4.1993; 25.10.1996.

Form 74AB

Ins 29.6.1984. Am 2.10.1992; 2.4.1993; 25.8.1995; 25.10.1996.

Form 74AC

Ins 29.6.1984. Am 2.10.1992; 2.4.1993; 25.10.1996.

Form 74AD

Ins 29.6.1984 (see erratum 27.7.1984). Am 2.10.1992; 2.4.1993; 25.10.1996.

Form 74AE

Ins 31.12.1987. Am 25.2.2000; 29.8.2003; 17.12.2004.

Form 74AF

Ins 25.6.1993. Am 20.8.1993. Subst 19.11.1993. Am 19.11.1993; 22.3.1996. Subst 26.4.1996 (see errata 3.5.1996). Am 19.12.1997; 20.10.2000. Rep 2014 (500), rule 4 (2).

Form 74AG

Ins 19.11.1993. Am 19.11.1993; 22.3.1996. Rep 26.4.1996.

Form 74AH

Ins 19.11.1993. Rep 2014 (500), rule 4 (2).

Forms 74AHA, 74AHB

Ins 24.11.2000.

Form 74AI

Ins 19.11.1993. Am 22.3.1996; 19.12.1997. Subst 20.10.2000. Rep 23.11.2001.

Forms 74AJ, 74AK

Ins 22.9.1995. Am 25.2.2000; 29.8.2003.

Form 74A

Ins 21.12.1973. Am 4.4.1975; 23.12.1977; 19.10.1979; 8.7.1983; 29.8.2003.

Forms 74B, 74C

Ins 21.12.1973. Am 19.10.1979; 29.8.2003.

Form 74D

Ins 21.12.1973. Am 25.5.1990. Rep 19.12.1997.

Form 74E

Ins 21.12.1973. Rep 19.10.1979.

Form 75

Ins 23.6.1972. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1 [28].

Forms 76, 77

Ins 23.6.1972. Rep 29.6.1984.

Forms 78, 79

Ins 23.6.1972. Subst 29.6.1984. Am 21.10.1994. Rep 2008 (62), Sch 1 [28].

Forms 80, 81

Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [28].

Form 82

Ins 23.6.1972. Rep 29.6.1984.

Form 83

Ins 23.6.1972. Am 1.6.1973. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1 [28].

Form 83A

Ins 2005 (171), Sch 1 [11]. Rep 2008 (62), Sch 1 [28].

Form 84

Ins 23.6.1972. Am 1.6.1973. Rep 29.6.1984.

Form 85

Ins 23.6.1972. Rep 29.6.1984.

Form 86

Ins 23.6.1972. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1 [28].

Form 86A

Ins 2005 (171), Sch 1 [12]. Rep 2008 (62), Sch 1 [28].

Form 87

Ins 23.6.1972. Am 29.6.1984; 19.2.1999. Rep 4.5.2001.

Form 88

Ins 23.6.1972. Am 29.6.1984; 21.10.1994. Rep 4.5.2001.

Form 89

Ins 30.6.1972. Rep 30.5.1980.

Form 89A

Ins 27.10.1972. Subst 29.3.1974. Am 1.7.1977; 24.7.1992. Subst 21.7.2000. Rep 2012 (605), rule 3.

Form 89B

Ins 22.8.1975. Rep 1.7.1977. Ins 8.7.1983. Am 19.7.1985.

Form 89C

Ins 21.12.1984. Am 20.7.1990; 19.7.1996. Rep 24.7.1998.

Forms 89D, 89E

Ins 12.7.1985. Rep 24.10.1986. Ins 14.12.1990. Rep 2012 (605), rule 3.

Forms 89F, 89G

Ins 23.5.1986. Subst 15.12.1989; 14.12.1990. Rep 2012 (605), rule 3.

Form 89H

Ins 13.3.1987. Subst 15.12.1989. Am 28.5.2004. Rep 2012 (605), rule 3.

Form 89I

Ins 13.3.1987. Subst 15.12.1989. Am 23.2.1996; 28.5.2004. Rep 2012 (605), rule 3.

Forms 89J, 89K

Ins 13.3.1987. Am 28.5.2004. Rep 2012 (605), rule 3.

Form 89KA

Ins 23.11.2001. Rep 2012 (605), rule 3.

Form 89L

Ins 25.2.2000. Rep 2012 (605), rule 3.

Form 90

Ins 30.6.1972. Am 23.12.1977; 25.5.1984; 23.8.1985 (see erratum 6.9.1985); 13.12.1991; 20.8.1999; 13.6.2003; 2008 (62), Sch 1 [29]. Rep 2012 (606), Sch 1 [5].

Forms 91, 92

Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30]. Rep 2012 (606), Sch 1 [5].

Form 92A

Ins 25.5.1984. Am 20.8.1999; 2008 (62), Sch 1 [30]. Rep 2012 (606), Sch 1 [5].

Form 93

Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30]. Rep 2012 (606), Sch 1 [5].

Forms 94, 95

Ins 30.6.1972. Rep 2012 (606), Sch 1 [5].

Form 96

Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985). Subst 19.8.1994. Rep 2012 (606), Sch 1 [5].

Form 97

Ins 30.6.1972. Am 24.12.1981; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 25.8.1995; 22.11.1996. Rep 2012 (606), Sch 1 [5].

Form 98

Ins 30.6.1972. Am 25.5.1984; 23.8.1985 (see erratum 6.9.1985); 26.9.1986. Subst 13.12.1991; 19.8.1994. Am 23.9.1994; 25.8.1995; 22.11.1996. Subst 20.8.1999. Rep 2012 (606), Sch 1 [5].

Form 98A

Ins 24.12.1981. Am 23.8.1985 (see erratum 6.9.1985). Rep 19.8.1994. Ins 20.8.1999. Am 21.3.2003. Rep 2012 (606), Sch 1 [5].

Form 99

Ins 30.6.1972. Am 24.12.1981. Rep 19.8.1994.

Form 99 (previously Form 100A)

Ins 23.8.1985. Renumbered 19.8.1994. Am 23.9.1994; 21.3.2003. Rep 2012 (606), Sch 1 [5].

Form 99A

Ins 24.12.1981. Am 23.8.1985 (see erratum 6.9.1985). Rep 19.8.1994.

Form 100

Ins 30.6.1972. Am 1.7.1977; 24.12.1981; 23.8.1985; 25.8.1989; 13.12.1991. Rep 19.8.1994.

Form 100A

Renumbered (as Form 99) 19.8.1994.

Form 100B

Ins 23.8.1985. Am 25.8.1989; 13.12.1991. Rep 19.8.1994.

Form 101

Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985); 25.8.1995. Subst 20.8.1999. Rep 2012 (606), Sch 1 [5].

Form 102

Ins 30.6.1972. Am 24.12.1981; 23.8.1985 (see erratum 6.9.1985); 20.8.1999. Rep 2012 (606), Sch 1 [5].

Form 103

Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985); 20.8.1999. Rep 2012 (606), Sch 1 [5].

Form 103A

Ins 23.8.1985. Am 25.10.1996. Rep 2012 (606), Sch 1 [5].

Form 103AA

Ins 20.8.1999. Rep 2012 (606), Sch 1 [5].

Form 103B

Ins 23.8.1985. Subst 20.8.1999. Am 2008 (62), Sch 1 [31]. Rep 2012 (606), Sch 1 [5].

Form 104

Ins 30.6.1972. Am 24.12.1981 (see erratum 19.2.1982); 23.8.1985; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 23.9.1994; 25.8.1995; 22.11.1996. Rep 2012 (606), Sch 1 [5].

Form 105

Ins 30.6.1972. Rep 2012 (606), Sch 1 [5].

Form 105A

Ins 25.5.1984. Am 25.8.1989. Subst 19.8.1994. Am 21.10.1994; 25.8.1995. Rep 2012 (606), Sch 1 [5].

Form 106

Ins 30.6.1972. Am 24.12.1981 (see erratum 23.7.1982); 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 25.8.1995; 22.11.1996. Rep 2012 (606), Sch 1 [5].

Form 106A

Ins 24.12.1981. Subst 19.8.1994. Am 21.10.1994. Rep 2012 (606), Sch 1 [5].

Form 106B

Ins 25.8.1989. Am 2008 (62), Sch 1 [32]. Rep 2012 (606), Sch 1 [5].

Form 106CA

Ins 26.4.1996. Rep 2012 (606), Sch 1 [5].

Form 106C

Ins 25.8.1989. Rep 2012 (606), Sch 1 [5].

Form 106D

Ins 13.12.1991. Am 25.8.1995; 19.2.1999; 2008 (62), Sch 1 [33] [34]. Rep 2012 (606), Sch 1 [5].

Form 106E

Ins 13.12.1991. Am 25.8.1995; 19.2.1999; 2008 (62), Sch 1 [33] [35]. Rep 2012 (606), Sch 1 [5].

Form 106F

Ins 13.12.1991. Am 25.8.1995; 20.8.1999; 2008 (62), Sch 1 [33]. Rep 2012 (606), Sch 1 [5].

Form 107

Ins 30.6.1972. Am 23.12.1977. Rep 13.6.2003.

Form 108

Ins 30.6.1972. Am 23.12.1977; 19.2.1999; 2008 (62), Sch 1 [33]. Rep 2012 (606), Sch 1 [5].

Form 109

Ins 30.6.1972. Am 23.12.1977; 25.8.1989; 19.2.1999; 2008 (62), Sch 1 [33]. Rep 2012 (606), Sch 1 [5].

Form 110

Ins 30.6.1972. Am 23.12.1977. Rep 2012 (606), Sch 1 [5].

Form 111

Ins 30.6.1972. Am 23.12.1977; 19.2.1999; 2008 (62), Sch 1 [33]. Rep 2012 (606), Sch 1 [5].

Form 112

Ins 30.6.1972. Am 23.12.1977. Rep 2012 (606), Sch 1 [5].

Form 113

Ins 30.6.1972. Am 25.8.1989. Rep 2012 (606), Sch 1 [5].

Form 114

Ins 30.6.1972. Am 23.12.1977; 26.4.1996; 19.2.1999. Subst 1.11.2002. Am 2008 (62), Sch 1 [33] [36] [37]. Rep 2012 (606), Sch 1 [5].

Form 115

Ins 30.6.1972. Am 23.12.1977; 25.8.1989; 26.4.1996; 19.2.1999. Rep 1.11.2002. Ins 26.11.2004. Rep 2012 (606), Sch 1 [5].

Form 115A

Ins 13.12.1991. Am 26.4.1996; 19.2.1999. Rep 1.11.2002.

Form 116

Ins 30.6.1972. Am 19.8.1994. Subst 22.11.1996. Am 19.2.1999. Rep 2012 (606), Sch 1 [5].

Form 116A

Ins 22.11.1996. Rep 2012 (606), Sch 1 [5].

Form 117

Ins 30.6.1972. Am 2008 (62), Sch 1 [38]. Rep 2012 (606), Sch 1 [5].

Form 118

Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [33] [38]. Rep 2012 (606), Sch 1 [5].

Form 119

Ins 30.6.1972. Rep 2012 (606), Sch 1 [5].

Form 120

Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [33]. Rep 2012 (606), Sch 1 [5].

Form 121

Ins 4.5.1973. Subst 23.12.1977 (see erratum 23.6.1978). Am 8.7.1983; 13.12.1991. Subst 19.3.1999. Am 25.6.1999; 2008 (62), Sch 1 [38]–[40]. Rep 2011 (589), rule 3 (2).

Form 121A

Ins 19.3.1999. Rep 2008 (62), Sch 1 [28].

Form 122

Ins 27.5.1977. Am 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 24.10.1986; 20.2.1987; 26.8.1988.

Forms 123, 124

Ins 27.5.1977.

Form 125

Ins 30.6.1982.

Form 126

Ins 30.6.1982 (see erratum 9.7.1982).

Form 127

Ins 30.6.1982. Am 21.10.1994.

Form 128

Ins 30.6.1982.

Form 129

Ins 30.6.1982. Am 21.10.1994.

Forms 130, 131

Ins 30.6.1982.

Form 132

Ins 30.6.1982. Am 22.10.1982.

Form 133

Ins 30.6.1982.

Form 134

Ins 30.6.1982. Am 22.10.1982.

Form 135

Ins 30.6.1982.

Form 135A

Ins 14.2.1986. Am 20.4.1990.

Form 136

Ins 30.6.1982.

Form 136A

Ins 20.4.1990.

Forms 137–140

Ins 30.6.1982.

Form 141

Ins 30.6.1982. Am 21.10.1994.

Form 142

Ins 30.6.1982 (see erratum 9.7.1982).

Forms 143–147

Ins 30.6.1982.

Form 148

Ins 30.6.1982. Am 21.10.1994.

Forms 149–153

Ins 30.6.1982.

Form 154

Ins 30.6.1982 (see erratum 9.7.1982).

Form 154A

Ins 2.7.1993.

Form 154BA

Ins 10.12.1993.

Form 154B

Ins 10.12.1993. Am 25.2.1994; 19.8.1994. Subst 23.10.1998.

Forms 154C, 154D

Ins 10.12.1993. Rep 23.10.1998.

Form 154E

Ins 10.12.1993. Am 21.10.1994. Rep 23.10.1998.

Forms 154FA, 154FB

Ins 24.11.1995.

Form 154F

Ins 10.12.1993. Am 25.2.1994.

Forms 154G, 154H

Ins 10.12.1993.

Form 154I

Ins 10.12.1993. Subst 21.10.1994.

Form 154J

Ins 10.12.1993.

Form 154K

Ins 10.12.1993. Am 21.10.1994.

Form 154L

Ins 10.12.1993.

Form 154M

Ins 10.12.1993. Am 25.2.1994.

Form 154N

Ins 10.12.1993.

Forms 155, 156

Ins 30.8.1985 (see erratum 11.10.1985). Rep 10.12.1993.

Form 157

Ins 3.1.1986. Subst 14.2.1986; 19.12.1997. Am 24.4.1998 (see erratum 1.5.1998).

Form 158

Ins 3.1.1986. Am 17.11.1989. Rep 19.12.1997. Ins 29.11.2002. Am 5.9.2003.

Form 159

Ins 3.1.1986. Rep 19.12.1997.

Form 160

Ins 3.1.1986. Am 24.9.1993; 23.2.1996. Rep 19.12.1997.

Forms 161, 162

Ins 2006 (137), Sch 1 [5].

Index of Forms

Ins 2.6.1972. Am 23.6.1972; 30.6.1972; 17.7.1972; 4.5.1973; 5.10.1973; 21.12.1973; 29.3.1974; 1.8.1975; 22.8.1975; 27.5.1977; 1.7.1977; 21.10.1977; 23.12.1977; 6.7.1979; 19.10.1979; 21.12.1979; 23.5.1980; 24.12.1981; 28.5.1982; 30.6.1982; 25.2.1983; 8.7.1983; 9.12.1983; 23.12.1983; 25.5.1984; 29.6.1984; 31.8.1984; 21.12.1984; 12.7.1985; 23.8.1985 (see erratum 6.9.1985); 30.8.1985; 20.12.1985; 3.1.1986; 14.2.1986; 23.5.1986; 24.10.1986; 13.3.1987; 27.3.1987; 31.12.1987; 17.6.1988; 19.5.1989; 23.6.1989; 20.10.1989; 15.12.1989; 22.12.1989; 20.4.1990; 25.5.1990; 14.12.1990; 13.12.1991; 24.9.1993; 19.11.1993; 10.12.1993; 25.2.1994; 19.8.1994; 21.10.1994; 23.12.1994; 22.9.1995; 24.11.1995; 1.3.1996; 26.4.1996; 25.10.1996; 22.11.1996; 21.2.1997; 23.5.1997; 5.12.1997; 19.12.1997; 24.7.1998; 19.3.1999; 20.8.1999; 25.2.2000; 21.7.2000; 24.11.2000; 1.11.2002; 29.11.2002; 21.3.2003; 24.4.2003; 13.6.2003; 29.8.2003; 26.3.2004; 28.5.2004; 26.11.2004; 4.3.2005; 2005 (171), Sch 1 [13] [14]; 2007 (446), Sch 1 [11]; 2008 (62), Sch 1 [41] [42].

Sch G

Ins 7.7.1972.

Table 1

Ins 7.7.1972. Am 11.1.1974; 1.8.1975; 23.7.1976; 23.9.1977; 21.10.1977; 21.12.1979; 24.10.1980; 16.4.1982; 30.6.1982; 22.10.1982; 19.8.1983; 23.12.1983; 26.9.1986; 20.10.1989.

Table 2

Ins 7.7.1972. Am 28.9.1973; 21.12.1973. Subst 11.1.1974. Am 1.8.1975; 5.12.1975; 17.12.1976; 23.9.1977; 28.4.1978. Subst 24.10.1980; 16.4.1982. Am 13.5.1983; 23.12.1983; 1.10.2004.

Table 3

Ins 7.7.1972. Am 22.3.1974; 1.8.1975; 23.9.1977; 24.10.1980; 24.7.1981; 16.4.1982; 23.12.1983.

Table 4

Ins 7.7.1972. Am 6.9.1974; 23.9.1977; 24.10.1980; 16.4.1982; 23.12.1983.

Table 5

Ins 7.7.1972. Subst 22.3.1974; 23.12.1977. Am 16.4.1982.

Table 6

Ins 7.7.1972. Am 5.10.1973; 22.3.1974; 6.9.1974; 1.8.1975; 5.12.1975; 26.3.1976; 23.9.1977; 30.5.1980; 24.10.1980; 16.4.1982; 23.12.1983; 29.6.1984; 27.6.1986 (see erratum 18.7.1986); 20.3.1987; 2.12.1988; 20.10.1989; 6.3.1992.

Sch G1

Ins 6.3.1992 (see errata 7.8.1992). Am 26.2.1993. Subst 23.2.2001. Am 26.3.2004.

Sch H

Ins 24.8.1973. Rep 2005 (407), Sch 1 [162].

Heading

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

Part 1

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

Part 2

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

Sch I

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

Sch J

Ins 24.8.1990. Am 15.2.1991; 16.8.1991; 21.2.1992; 21.8.1992; 20.8.1993; 24.2.1995; 21.2.1997; 22.8.1997; 21.8.1998; 25.2.2000; 25.8.2000; 31.8.2001; 1.3.2002. Subst 2005 (407), Sch 1 [163]. Am 2006 (138), Sch 1; 2008 (339), cl 2; 2009 (165), Sch 1 [3]; 2009 No 56, Sch 2.69; 2016 (714), Sch 1; 2024 (479), Sch 1.

Sch K

Ins 28.1.2000. Rep 2005 (407), Sch 1 [163].

All Parts and Schedules

Am 2005 (407), Sch 1 [1] (“a master” and “a master’s” omitted wherever occurring, “an associate Judge” and “an associate Judge’s” inserted instead, respectively) [2] (“master”, “master’s”, “masters” and “masters’” omitted wherever occurring, “associate Judge”, “associate Judge’s”, “associate Judges” and “associate Judges’” inserted instead, respectively) [3] (“a Master” and “a Master’s” omitted wherever occurring, “an associate Judge” and “an associate Judge’s” inserted instead, respectively) [4] (“Master”, “Master’s”, “Masters” and “Masters’” omitted wherever occurring, “associate Judge”, “associate Judge’s”, “associate Judges” and “associate Judges’” inserted instead, respectively).

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