COURT PROCEDURES RULES 2006 (NO 29 OF 2006)

Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006)

- made under the Court Procedures Act 2004

TABLE OF PROVISIONS

CHAPTER 1--PRELIMINARY

1. Name of rules
2. Commencement
3. Overview of rules
4. Application of rules
5. References to court, judicial officer etc
6. Dispensing with rules
7. Dictionary
8. Notes

CHAPTER 2--CIVIL PROCEEDINGS GENERALLY

PART 2.1--INTRODUCTORY PROVISIONS--CH 2

20. Meaning of plaintiff and defendant
21. Purpose of ch 2 etc
22. Application—ch 2

PART 2.2--STARTING CIVIL PROCEEDINGS

Division 2.2.1--How civil proceedings are started

30. Who may start and carry on a proceeding
31. Kinds of originating processes
32. When civil proceeding starts
33. When originating claim must be used
34. When originating application must be used
35. When originating application may be used
36. When originating application taken to be used
37. When oral originating application may be made in Supreme Court
38. Proceeding incorrectly started by originating claim
39. Proceeding incorrectly started by originating application
40. Setting aside originating process etc

Division 2.2.2--Originating claims

50. Originating claim—content etc
51. Originating claim—additional matters for claims for debt and liquidated
52. Originating claim—statement of claim for motor vehicle death and personal injury
53. Originating claim—statement of claim for employment death and personal injury
54. Originating claim—filing and service

Division 2.2.3--Originating applications

60. Originating application—content etc
61. Originating application—filing and service
62. When originating application must be served
63. What happens if originating application not served in time
64. Originating application—filing and service of supporting

Division 2.2.4--Rules about originating process

70. Originating process to be sealed
71. Numbering etc of proceedings
72. Originating process—solicitor's statement about filing
73. Defendant taken to be served by filing notice of intention to respond or
74. Originating process—duration and renewal
75. When proceeding struck out
76. Reinstating struck out proceeding

PART 2.3--NOTICE OF INTENTION TO RESPOND AND DEFENCE

Division 2.3.1--Notice of intention to respond and defence—general

100. No step without notice of intention to respond or defence
101. Notice of intention to respond or defence—details to be
102. Notice of intention to respond or defence—filing and service
103. Notice of intention to respond or defence—late filing or
104. Ground of defence arising after defence filed etc
105. Defence—reliance on defence not disclosed
106. Defendant may submit to judgment by notice of intention to respond
107. Notice of intention to respond or defence—several defendants with same
108. Notice of intention to respond or defence—person sued under partnership
109. Notice of intention to respond or defence—person incorrectly served as
110. Notice of intention to respond or defence—person sued under business
111. Conditional notice of intention to respond

Division 2.3.2--Notice of intention to respond and defence—proceedings in Supreme Court for possession of land

150. Application—div 2.3.2
151. Proceeding for possession of land—leave to file defence etc
152. Proceeding for possession of land—filing defence etc
153. Proceeding for possession of land—service of defence etc

PART 2.4--PARTIES AND PROCEEDINGS

Division 2.4.1--Including causes of action

200. Including causes of action
201. Joint and separate claims
202. Including causes of action inconveniently etc

Division 2.4.2--Including and substituting parties

210. Necessary parties
211. Including parties—common issues of law or fact
212. Including parties—defendants may be sued jointly, severally, or in
213. Including parties—joint entitlement
214. Including parties—joint or several liability
215. Including parties—plaintiff in doubt about defendant etc
216. Including defendants—identical interest in relief unnecessary
217. Including parties inconveniently etc
218. Including parties—parties incorrectly included or not included
219. Counterclaim or set-off when co-plaintiff wrongly included
220. Court may include party if appropriate or necessary
221. Plaintiffs may be included or substituted
222. Inclusion or substitution as plaintiff requires agreement
223. Including parties—procedure
224. Including parties—inclusion to recover costs

Division 2.4.3--Changing parties

230. Removing parties
231. Party becomes bankrupt, dies or becomes person with mental
232. Amending or setting aside order for new party made on death etc of
233. Failure to proceed after death of party

Division 2.4.4--Included or changed parties—future conduct of proceedings

240. Application—div 2.4.4
241. Included or substituted defendant—filing and service of amended originating
242. Included or substituted parties—date proceeding taken to start
243. Included or substituted parties—effect of action previously taken in
244. Included or changed parties—other orders about future conduct of

Division 2.4.5--Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1

250. One proceeding for benefit of members of deceased person's
251. Orders in proceedings for compensation to relatives in death

Division 2.4.6--Representation—trustees and personal representatives

255. Application—div 2.4.6
256. Representation—by trustees and personal representatives
257. Representation—trustees and personal representatives must be parties
258. Representation—beneficiaries and claimants
259. Representation—proceeding about administration of deceased person's estate or trust
260. Representation—orders bind represented people in estate or trust proceeding
261. Representation—interests of deceased person's estate

Division 2.4.7--Representation—numerous concurrent interests

265. Application—div 2.4.7
266. Representation—numerous concurrent interests
267. Orders in div 2.4.7 proceeding bind represented people

Division 2.4.8--Multiple proceedings

270. Consolidation etc of proceedings

Division 2.4.9--People with a legal disability

275. Person with legal disability—litigation guardian to start proceeding
276. Who may be litigation guardian
277. Litigation guardian—liability for costs
278. Becoming a litigation guardian
279. Person with legal disability—effect of no notice of intention to respond or
280. Litigation guardian—appointment and removal by court
281. Litigation guardian—accounts

Division 2.4.10--Partnerships

285. Meaning of partnership proceeding—div 2.4.10
286. Proceeding in partnership name
287. Disclosure of partners' names

Division 2.4.11--Business names

290. Proceeding in registered business name
291. Proceeding in business name if unregistered etc
292. Business names—amendment about parties

PART 2.5--THIRD-PARTY AND SIMILAR PROCEEDINGS

300. Purpose—pt 2.5
301. When a third-party proceeding starts
302. Third-party proceeding—when available
303. Third-party notice—content etc
304. Third-party notice—additional matters for claims for debt and liquidated
305. Third-party notice—statement of claim for certain personal injury
306. Third-party notice—filing
307. Third-party notice—sealing
308. Third-party notice—service
309. Third-party notice—effect of service on third party
310. Third-party notice—setting aside
311. Third-party notice—notice of intention to respond and defence
312. Service of pleadings after filing of third-party notice
313. Counterclaim by third party
314. Third-party notice—default by third party
315. Third parties—disclosure
316. Third-party notice—hearing
317. Third party—extent bound by judgment between plaintiff and
318. Third-party notice—judgment between defendant and third party
319. Notice claiming contribution or indemnity against another
320. Notice claiming contribution or indemnity—filing and service
321. Contribution under Civil Law (Wrongs) Act, s 21
322. Third-party notice—fourth and subsequent parties

PART 2.6--PLEADINGS

Division 2.6.1--Application—pt 2.6

400. Application—pt 2.6

Division 2.6.2--Rules of pleading

405. Pleadings—formal requirements
406. Pleadings—statements in
407. Pleadings—matters to be specifically pleaded
408. Pleadings—money claims short form
409. Pleadings—certain facts need not be pleaded
410. Pleadings—technical objections
411. Pleadings—references to spoken words and documents
412. Pleadings—conditions precedent
413. Pleadings—matters arising after start of proceeding
414. Pleadings—inconsistent allegations etc
415. Pleadings—notice pleaded as a fact
416. Pleadings—implied contracts or relations
417. Pleadings—kind of damages etc
418. Pleadings—amount of unliquidated damages
419. Pleadings—other relief

Division 2.6.3--Pleadings—general

425. Pleadings—striking out
426. Pleadings—trial without

Division 2.6.4--Particulars

430. Pleadings—all necessary particulars must be included
431. Pleadings—use of ‘Scott schedule'
432. Pleadings—negligence and breach of statutory duty
433. Pleadings—how particulars must be given
434. Pleadings—application for better particulars
435. Pleadings—failure to comply with better particulars order

Division 2.6.5--Answering pleadings

440. Pleadings—answering
441. Pleadings—denials and non-admissions
442. Pleadings—defence to debt and liquidated demand claims
443. Pleadings—defence to motor vehicle and employment personal injuries claims
444. Pleadings—defence to proceeding on bill of exchange etc
445. Pleadings—denial of representative capacity or partnership constitution
446. Pleadings—denial of contract
447. Pleadings—allegations admitted unless denied etc
448. Pleadings—unreasonable denials and non-admissions
449. Pleadings—confession of defence

Division 2.6.6--Special defences

455. Pleadings—defence of tender
456. Pleadings—defence of set-off

Division 2.6.7--Counterclaims

460. Counterclaim—cause of action arising after start of proceeding
461. Counterclaim—against plaintiff
462. Counterclaim—against additional party
463. Counterclaim—abandonment of excess in Magistrates Court
464. Counterclaim—pleading
465. Counterclaim—plaintiff may rely on previous pleadings
466. Counterclaim—answer to
467. Counterclaim—defence arising after answer
468. Counterclaim—effect of no answer
469. Counterclaim—response to answer
470. Counterclaim—conduct and pleading
471. Counterclaim—order for separate hearing
472. Counterclaim—after judgment etc in original proceeding
473. Counterclaim—judgment for balance
474. Counterclaim—stay of claim

Division 2.6.8--Progress of pleading

480. Pleadings—reply to defence
481. Pleadings—after reply
482. Pleadings—joinder of issue
483. Pleadings—close

Division 2.6.9--Admissions

490. Admissions—voluntary admission
491. Admissions—notice to admit facts or documents
492. Admissions—withdrawal
493. Admissions—orders on

PART 2.7--AMENDMENT

500. Application—pt 2.7
501. Amendment—when must be made
502. Amendment—of documents
503. Amendment—after limitation period
504. Amendment—of originating process
505. Amendment—of pleadings before close of pleadings
506. Amendment—of pleadings disallowed
507. Amendment—of pleadings after close of pleadings
508. Amendment—when leave to amend ceases to have effect
509. Amendment—procedure
510. Amendment—person required to make
511. Amendment—service of amended or revised document etc
512. Amendment—pleading to
513. Amendment—costs
514. Amendment—taking effect

PART 2.8--DISCLOSURE

Division 2.8.1--Interpretation—pt 2.8

600. Definitions—pt 2.8
601. Meaning of privileged from production—pt 2.8

Division 2.8.2--Disclosure of documents

605. Discoverable documents
606. Orders about disclosure
607. Notice to disclose discoverable documents
608. List of discoverable and privileged documents etc
609. Claim for privilege—challenge etc
610. Claim for privilege—waiver
611. Continuing disclosure

Division 2.8.3--Production and inspection

620. Production of documents for inspection
621. Orders about production of documents for inspection
622. Effect of inspection of documents disclosed by another party
623. Production of documents at hearing of proceeding

Division 2.8.4--Interrogatories

630. Service of interrogatories
631. Objections to answer interrogatories
632. Orders about interrogatories
633. Answers to interrogatories
634. Answers to interrogatories—belief
635. Answers to interrogatories to be verified
636. Tendering of answers to interrogatories in evidence

Division 2.8.5--Who may verify list of documents or answers to interrogatories?

640. Answers by governments, corporations etc
641. Party cannot swear affidavit personally

Division 2.8.6--Preliminary discovery

650. Discovery to identify potential defendant
651. Discovery to identify right to claim relief
652. Order under div 2.8.6—privilege
653. Order under div 2.8.6—costs

Division 2.8.7--Non-party production

660. Notice for non-party production—issue
661. Notice for non-party production—service
662. Notice for non-party production—inspection by other parties
663. Notice for non-party production—application to set aside
664. Notice for non-party production—privilege or objection
665. Notice for non-party production—failure to produce documents
666. Notice for non-party production—copying produced documents
667. Notice for non-party production—costs

Division 2.8.8--Discovery—other provisions

670. Contravention of pt 2.8 order—contempt of court
671. Contravention of pt 2.8 order—other action
672. Solicitor to notify party of certain matters about pt 2.8
673. Improper use of disclosed document
674. Failure to disclose document
675. Discovery by electronic means—practice notes

PART 2.9--PRESERVATION OF RIGHTS AND PROPERTY

Division 2.9.1--Interpretation—pt 2.9

700. Meaning of usual undertaking as to damages—pt 2.9

Division 2.9.2--Interim preservation, distribution and payment

705. Application—div 2.9.2
706. Urgent orders before start of proceeding
707. Interim distribution
708. Interim income
709. Payment before finding out everyone interested

Division 2.9.3--Inspection, detention, custody and preservation of property

715. Inspection, detention, custody and preservation of property—orders
716. Disposal of property other than land
717. Order for inspection, detention, custody or preservation affecting
718. Application for order for inspection, detention, custody or
719. Division 2.9.3—other jurisdiction of court not affected

Division 2.9.4--Injunctions and similar orders

Subdivision 2.9.4.1--Injunctions and similar orders—generally

725. Meaning of division 2.9.4 order
726. Definitions—div 2.9.4
727. Division 2.9.4—other jurisdiction of court not affected
728. Division 2.9.4 order—procedure
729. Division 2.9.4 order without notice etc
730. Division 2.9.4 order without trial
731. Division 2.9.4 order—expedited trial
732. Division 2.9.4 order—damages and undertaking as to damages
733. Division 2.9.4 order—other undertakings and security to perform

Subdivision 2.9.4.2--Freezing orders

740. Definitions—sdiv 2.9.4.2
741. Freezing orders—general
742. Ancillary orders
743. Freezing orders—order against enforcement debtor or prospective enforcement debtor
744. Freezing orders—service outside Australia of application for freezing order or
745. Freezing orders—costs

Subdivision 2.9.4.3--Search orders

750. Definitions—sdiv 2.9.4.3
751. Search orders—general
752. Search orders—requirements for making order
753. Search orders—terms of order
754. Search orders—independent solicitors
755. Search orders—costs

Division 2.9.5--Receivers

765. Application—div 2.9.5
766. Receiver—agreement to act as etc
767. Receiver—application for order appointing etc
768. Receiver—address for service
769. Receiver—security
770. Receiver—remuneration
771. Receiver—accounts
772. Receiver—default
773. Receiver—powers
774. Receiver—duty in relation to property
775. Receiver—liability
776. Receiver—death of

Division 2.9.6--Sales of land by court order

780. Meaning of land—div 2.9.6
781. Application—div 2.9.6
782. Sale of land—order
783. Sale of land—conduct of sale
784. Sale of land—certificate of sale result
785. Mortgage, exchange or partition

PART 2.10--PAYMENT INTO COURT

1000. Payment into court—amount
1001. Payment into court—costs
1002. Payment into court—bond
1003. Payment into court—security
1004. Payment into court—interest up to date of payment
1005. Payment into court—defendant who has counterclaimed
1006. Payment into court—acceptance by plaintiff
1007. Payment into court—costs on acceptance by plaintiff
1008. Payment into court—effect on counterclaim of acceptance by
1009. Payment into court—payment out of remaining amount
1010. Payment into court—defendant to counterclaim
1011. Payment into court—nondisclosure
1012. Payment into court—in discharge of lien
1013. Payment into court—payment of amount paid into court under
1014. Payment into court—amount paid into court under order under div
1015. Payment into court—amount recovered by person with legal
1016. Person with legal disability—approval of settlement etc
1017. Person with legal disability—orders about recovered amounts

PART 2.11--RESOLVING PROCEEDINGS EARLY

Division 2.11.1--Uncontested debts and liquidated demands

1100. Meaning of prescribed costs amount—div 2.11.1
1101. Application—div 2.11.1
1102. Stay of debt etc proceeding on payment of amount sought
1103. Assessment of costs for stayed debt etc proceeding
1104. Judgment on acknowledgment of debt or liquidated demand

Division 2.11.2--Default by plaintiff

1110. Default by plaintiff—dismissal of proceeding

Division 2.11.3--Default by defendant

1115. Definitions—div 2.11.3
1116. Application—div 2.11.3
1117. When is a defendant in default—generally
1118. Default judgment—generally
1119. Default judgment—relevant affidavits
1120. Default judgment—debt or liquidated demand
1121. Default judgment for debt or liquidated demand—assessment of
1122. Default judgment—unliquidated damages
1123. Default judgment—detention of goods
1124. Default judgment—recovery of possession of land
1125. Default judgment—mixed claims
1126. Default judgment—other claims
1127. Default judgment—costs only
1128. Default judgment—setting aside etc

Division 2.11.4--Default by defendant—partial defence

1135. Definitions—div 2.11.4
1136. Application—div 2.11.4
1137. When is a defendant in default—partial defence
1138. Default judgment—partial defence
1139. Default judgment—application of div 2.11.3

Division 2.11.5--Summary judgment

1145. Application—div 2.11.5
1146. Summary judgment—for plaintiff
1147. Summary judgment—for defendant
1148. Claims not disposed of by summary disposal
1149. Evidence in summary judgment proceedings
1150. Summary judgment applications—filing and service
1151. Summary judgment applications—directions etc
1152. Summary judgment applications—costs
1153. Summary judgment—stay of enforcement
1154. Summary judgment—relief from forfeiture
1155. Summary judgment—setting aside

Division 2.11.6--Discontinuance and withdrawal

1160. Discontinuance or withdrawal by plaintiff
1161. Discontinuance or withdrawal of counterclaim by defendant
1162. Withdrawal of notice of intention to respond
1163. Costs of discontinuance or withdrawal
1164. Withdrawal of defence or further pleading
1165. Notice of discontinuance or withdrawal
1166. Discontinuance or withdrawal by party representing someone else etc
1167. Discontinuance or withdrawal—subsequent proceeding
1168. Consolidated proceedings and counterclaims
1169. Stay pending payment of costs

Division 2.11.7--Mediation and neutral evaluation

1175. Purpose—div 2.11.7
1176. Definitions—div 2.11.7
1177. Mediation—appointment of mediator
1178. Neutral evaluation—appointment of evaluator
1179. Mediation or neutral evaluation—referral by court
1180. Mediation or neutral evaluation—duty of parties to take part
1181. Mediation or neutral evaluation—costs
1182. Mediation or neutral evaluation—agreements and arrangements arising from
1183. Neutral evaluation—privilege
1184. Evaluators—secrecy
1185. Evaluators—protection from liability

PART 2.12--EXPERT EVIDENCE

Division 2.12.1--Expert evidence generally

1200. Meaning of code of conduct—pt 2.12
1201. Meaning of expert, expert witness and expert
1202. Expert witnesses to agree to be bound by code of conduct
1203. Expert witness—immunity

Division 2.12.2--Multiple expert witnesses for same issue

1210. Application—div 2.12.2
1211. Court may direct experts to meet etc

Division 2.12.3--Appointment of medical expert for Civil Law (Wrongs) Act

1220. Definitions—div 2.12.3
1221. Application for appointment of expert—Wrongs Act, s 86
1222. Accompanying affidavit for appointment of expert—Wrongs Act, s 86
1223. Response by other parties—Wrongs Act, s 86 application
1224. Selection of expert etc by court—Wrongs Act, s 86 application
1225. Appointed experts to be briefed etc
1226. Request by appointed expert for directions
1227. Appointed expert to report
1228. Expert report to be admitted in evidence
1229. Attendance of appointed expert

Division 2.12.4--Expert reports

1240. Application—div 2.12.4
1241. Service of expert reports
1242. Supplementary expert reports
1243. Expert evidence to be covered by expert report
1244. Expert reports admissible as evidence of opinion etc
1245. Requiring attendance of expert for cross-examination etc
1246. Tender of expert report

PART 2.13--PRE-TRIAL PROCEDURES

1300. Definitions—pt 2.13
1301. Application—pt 2.13
1302. Pre-trial procedures—classification of proceeding
1303. Directions hearing—category C proceedings
1304. Statement of particulars before trial—personal injury claims
1305. Statement of particulars before trial—compensation to relatives in death
1306. Certificate of readiness for trial—generally
1307. Certificate of readiness for trial—default judgment
1308. Directions hearing—category A, category B and category D
1309. Listing hearing
1310. Special fixture
1311. Expedited trial
1312. Court book
1313. Directions hearings and listing hearings—costs

PART 2.14--COURT SUPERVISION

Division 2.14.1--Directions

1400. Directions—application
1401. Directions generally
1402. Proceeding already being managed by court
1403. Decision in proceeding
1404. Failure to comply with direction etc

Division 2.14.2--Failure to comply with rules or order

1450. Effect of failure to comply with rules
1451. Application because of failure to comply with rules
1452. Failure to comply with order to take step

PART 2.15--TRIAL

Division 2.15.1--Interpretation—pt 2.15

1500. Meaning of question—pt 2.15

Division 2.15.2--Proceedings at trial

1505. Trial—defendant or plaintiff not appearing
1506. Trial—adjournment etc
1507. Trial—third-party proceeding
1508. Order of evidence and addresses
1509. View by court
1510. Associate etc to record hearing times
1511. Associate to enter findings etc

Division 2.15.3--Separate decisions on questions

1520. Application—div 2.15.3
1521. Separate decisions on questions—order
1522. Separate decisions on questions—directions
1523. Separate decisions on questions—decision

Division 2.15.4--Assessors and court-appointed referees

1530. Assessors
1531. Referee—referral of question etc
1532. Referee—appointment
1533. Referee—amendment of order referring question etc
1534. Referee—conduct under reference
1535. Referee—submission of question to court
1536. Referee—report
1537. Referee—proceeding on report
1538. Assessor and referee—remuneration

Division 2.15.5--Assessment of damages

1545. Application—div 2.15.5
1546. Assessment of damages
1547. Assessment of damages—use of affidavit evidence
1548. Partial judgment for damages to be assessed
1549. Damages to time of assessment

PART 2.16--JUDGMENTS AND OTHER ORDERS

1600. Orders—required by nature of case
1601. Judgment book
1602. Judgments—several claims
1603. Orders—set off between enforceable money orders
1604. Judgments—detention of goods
1605. Orders—making and effect
1606. Orders—filing
1607. Orders—certified duplicate
1608. Orders—reasons
1609. Orders—reservation of decision
1610. Orders—time for compliance
1611. Orders—by consent
1612. Orders—by consent in proceeding
1613. Orders—setting aside etc
1614. Order dismissing proceeding—effect
1615. Orders—joint liability
1616. Interest up to judgment
1617. Interest after judgment
1618. Judgment for interest only

PART 2.17--COSTS

Division 2.17.1--Costs generally

1700. Definitions—pt 2.17
1701. Costs—general provisions
1702. Costs—agreement about costs
1703. Costs—order against non-party
1704. Costs—failure to comply with subpoena etc
1705. Costs—for issue or part of proceeding
1706. Costs—if unnecessary to continue proceeding
1707. Costs—proceeding removed to another court
1708. Costs—in account

Division 2.17.2--Entitlement to costs

1720. Costs—entitlement to recover
1721. Costs—general rule
1722. Costs—solicitors' costs generally
1723. Costs—relevant amount for Magistrates Court proceedings
1724. Solicitors' costs—separate judgments against defendants in Magistrates
1725. Solicitors' costs and determined fees—Supreme Court judgment within Magistrates Court
1726. Costs—amendment of documents
1727. Costs—party not interested in application
1728. Costs—for application reserved
1729. Costs—extending or shortening time
1730. Costs—inquiry to find person entitled to property
1731. Costs—assessment of receiver's costs
1732. Costs—trustee
1733. Costs—solicitor appointed litigation guardian
1734. Costs—assessment costs
1735. Costs—counsel's advice and settling documents
1736. Costs—evidence
1737. Costs—solicitor advocate
1738. Costs—retainer for counsel
1739. Costs—counsel's fees for applications

Division 2.17.3--Costs of party in proceeding

1750. Application—div 2.17.3
1751. Costs—assessed on party and party basis
1752. Costs—assessed on solicitor and client etc basis
1753. Costs—legal practitioner's delay etc
1754. Costs—disallowance of costs for vexatious document etc

Division 2.17.4--Costs—registrar's powers and discretion

1760. Costs—registrar's general powers
1761. Costs—registrar's discretion in assessing

Division 2.17.5--Procedure for assessing costs

1800. Costs—when bill of costs to be filed etc
1801. Costs—if costs out of fund bill to be sent to clients
1802. Costs—content of bill of costs
1803. Costs—failure to file and serve bill of costs
1804. Costs—payment of disbursements
1805. Costs—professional charges and disbursements
1806. Costs—amendment and withdrawal of bill of costs
1807. Costs—notice of objection to bill of costs
1808. Costs—assessment must be limited
1809. Costs—default assessment if no objection to bill of costs
1810. Costs—setting aside default assessment
1811. Costs—offer to settle
1812. Costs—acceptance of offer to settle
1813. Costs—rejection of offer to settle

Division 2.17.6--Procedure on costs assessment

1830. Costs—attendance of parties at assessment
1831. Costs—notice of adjournment of assessment
1832. Costs—delay before registrar etc
1833. Costs—set off of costs
1834. Costs—bill of costs reduced by 15% or more
1835. Costs—registrar's certificate of assessment
1836. Costs—interim certificates of assessment

Division 2.17.7--Reconsideration and review of costs assessment

1850. Application—div 2.17.7
1851. Costs—application for reconsideration
1852. Costs—procedure for reconsideration
1853. Costs—reply to objection on reconsideration
1854. Costs—reconsideration of registrar's assessment
1855. Costs—review by court

Division 2.17.8--Security for costs

1900. Security for costs—application and order
1901. Security for costs—when court may make order
1902. Security for costs—discretionary factors
1903. Security for costs—way security given
1904. Security for costs—effect of order
1905. Security for costs—setting aside or amending order
1906. Security for costs—finalising security

Division 2.17.9--Miscellaneous—pt 2.17

1920. Liquidator, guardian or manager—accounts

PART 2.18--ENFORCEMENT

Division 2.18.1--Enforcement—general

2000. Definitions—pt 2.18
2001. Enforcement orders generally
2002. Enforcement—enforcement application is application in original proceeding
2003. Enforcement—by or against non-party
2004. Enforcement—amount recoverable
2005. Enforcement—separate enforcement for costs
2006. Enforcement—order in partnership name
2007. Enforcement—against property of partnership
2008. Enforcement—against property of business
2009. Enforcement—enforcement of Supreme Court order in Magistrates Court
2010. Enforcement—enforcement of Magistrates Court order in Supreme Court
2011. Enforcement—demand for compliance unnecessary
2012. Enforcement—when leave required
2013. Enforcement—stay
2014. Enforcement—conditional orders
2015. Enforcement—service of order and related information

Division 2.18.2--Enforcement orders—general

2050. Enforcement orders—content and issue
2051. Enforcement orders—application to set aside
2052. Enforcement orders—duration and renewal of certain enforcement orders given to
2053. Enforcement orders—return by enforcement officer
2054. Enforcement orders—priority
2055. Enforcement orders—payment under order
2056. Enforcement orders—orders about enforcement
2057. Enforcement orders—consecutive and concurrent orders
2058. Enforcement orders—deceased enforcement debtor

Division 2.18.3--Enforcement of money orders—enforcement hearings

2100. Enforcement hearing—application by enforcement creditor
2101. Enforcement hearing—otherwise than on enforcement creditor's
2102. Enforcement hearing—limit on number of applications
2103. Enforcement hearing—order for hearing etc
2104. Enforcement hearing—who may be directed to attend by enforcement hearing
2105. Enforcement hearing—service of enforcement hearing subpoena
2106. Enforcement hearing—statement of enforcement debtor's financial
2107. Enforcement hearing—subpoena to other person
2108. Enforcement hearing—meeting of parties
2109. Enforcement hearing—examination
2110. Enforcement hearing—enforcement hearing warrant issue
2111. Enforcement hearing—enforcement hearing warrant contents etc
2112. Enforcement hearing—orders

Division 2.18.4--Enforcement of money orders—instalment orders

2150. Instalment order—making
2151. Instalment order—application by enforcement debtor
2152. Instalment order—when application by enforcement debtor requires
2153. Instalment order—application by enforcement creditor
2154. Instalment order—relevant considerations
2155. Instalment order—stay of enforcement
2156. Instalment order—content and issue
2157. Instalment order—instalment order agreement
2158. Instalment order—service
2159. Instalment order—no other enforcement while in force
2160. Instalment order—amending, suspending or setting aside
2161. Instalment order—ceasing to have effect other than for
2162. Instalment order—ceasing to have effect for nonpayment
2163. Instalment order—record of payments

Division 2.18.5--Enforcement of money orders—seizure and sale orders

2200. Seizure and sale order—making
2201. Seizure and sale order—application
2202. Seizure and sale order—additional exempt property
2203. Seizure and sale order—entry, search and seizure powers if no
2204. Seizure and sale order—assistance to enforcement debtor
2205. Seizure and sale order—notice of order
2206. Seizure and sale order—notice of property seized
2207. Seizure and sale order—removal etc of seized property
2208. Seizure and sale order—application for instalment order stays sale of seized
2209. Seizure and sale order—property seized not abandoned
2210. Seizure and sale order—seizure of real property
2211. Seizure and sale order—enforcement debtor not to deal with real
2212. Seizure and sale order—order of seizing and selling property
2213. Seizure and sale order—payment before sale
2214. Seizure and sale order—suspension etc of enforcement
2215. Seizure and sale order—agreements to withdraw and re-enter
2216. Seizure and sale order—nature of sale
2217. Seizure and sale order—setting reasonable amount
2218. Seizure and sale order—additional provisions relating to land
2219. Seizure and sale order—power of entry for auction of land
2220. Seizure and sale order—sale at best price obtainable
2221. Seizure and sale order—advertisement of sale
2222. Seizure and sale order—postponement of sale
2223. Seizure and sale order—amounts received
2224. Seizure and sale order—terms about payment
2225. Seizure and sale order—securities held by enforcement officer
2226. Seizure and sale order—personal property subject to conditional bill of
2227. Seizure and sale order—effect of sale of property
2228. Seizure and sale order—effect of ending of order on completion of sale
2229. Seizure and sale order—appropriation of payments towards order
2230. Seizure and sale order—documents giving effect to sale
2231. Seizure and sale order—payment to enforcement debtor
2232. Seizure and sale order—purchase by enforcement officer or auctioneer
2233. Seizure and sale order—account etc
2234. Seizure and sale order—report by enforcement officer
2235. Seizure and sale order—order for disposal and return of property to enforcement

Division 2.18.6--Enforcement of money orders—debt redirection orders generally

2300. Application—div 2.18.6
2301. Debt redirection order—making
2302. Debt redirection order—application
2303. Debt redirection order—relevant considerations
2304. Debt redirection order—joint funds
2305. Debt redirection order—partnership debts
2306. Debt redirection order—account with financial institution
2307. Debt redirection order—claim by someone else
2308. Debt redirection order—when debt redirected
2309. Debt redirection order—notice by third person to enforcement
2310. Debt redirection order—payments by third person
2311. Debt redirection order—third person disputes liability
2312. Debt redirection order—discharge of third person
2313. Debt redirection order—payment to enforcement debtor despite
2314. Debt redirection order—amending, suspending or setting
2315. Debt redirection order—procedure if order not complied

Division 2.18.7--Enforcement of money orders—regular redirections from financial institutions

2330. Application—div 2.18.7
2331. Regular redirection order—application of div 2.18.6
2332. Regular redirection order—making
2333. Regular redirection order—content
2334. Regular redirection order—service and coming into force
2335. Regular redirection order—financial institution to make payments
2336. Regular redirection order—enforcement debtor not to defeat
2337. Regular redirection order—no other enforcement while in force
2338. Regular redirection order—ceasing to have effect
2339. Regular redirection order—return of excess
2340. Regular redirection order—record of payments

Division 2.18.8--Enforcement of money orders—earnings redirection orders

2350. Earnings redirection order—making
2351. Earnings redirection order—application
2352. Earnings redirection order—relevant considerations
2353. Earnings redirection order—limit
2354. Earnings redirection order—information about enforcement debtor's
2355. Earnings redirection order—content
2356. Earnings redirection order—service and coming into force
2357. Earnings redirection order—person served not employer
2358. Earnings redirection order—employer to make payments etc
2359. Earnings redirection order—no other enforcement while in force
2360. Earnings redirection order—amending, suspending or setting
2361. Earnings redirection order—ceasing to have effect
2362. Earnings redirection order—return of excess
2363. Earnings redirection order—record of payments
2364. Earnings redirection order—2 or more orders in force
2365. Earnings redirection order—person served ceasing to be
2366. Earnings redirection order—enforcement debtor changes or ceases
2367. Earnings redirection order—directions
2368. Earnings redirection order—employment protection
2369. Earnings redirection order—procedure if order not complied

Division 2.18.9--Enforcement of money orders—charging orders

2400. Application—div 2.18.9
2401. Charging order—making
2402. Charging order—application
2403. Charging order—effect
2404. Charging order—enforcement debtor dealing with charged
2405. Charging order—issuer etc dealing with charged property
2406. Charging order—application to enforce charge
2407. Charging order—procedure against partnership property for partner's separate

Division 2.18.10--Enforcement of money orders—amounts in court and stop orders

2420. Enforcement orders—amounts in court
2421. Enforcement orders—stop orders

Division 2.18.11--Enforcement of money orders—receivers

2430. Application—div 2.18.11
2431. Receiver—appointment
2432. Receiver—application for appointment
2433. Receiver—relevant considerations for appointment
2434. Receiver—powers
2435. Receiver—general provisions apply

Division 2.18.12--Enforcement of non-money orders—general

2440. Enforcement—orders for possession of land
2441. Enforcement—orders for return of goods etc
2442. Enforcement—orders to do or not do an act
2443. Enforcement—undertakings
2444. Enforcement—failure of individual to comply with subpoena etc
2445. Enforcement—failure of corporation to comply with subpoena etc
2446. Enforcement by contempt or seizing and detaining

Division 2.18.13--Enforcement of non-money orders—orders for delivery of possession of land

2450. Application—div 2.18.13
2451. Order for delivery of possession of land—making
2452. Orders for delivery of possession of land—preconditions

Division 2.18.14--Enforcement of non-money orders—orders for seizure and delivery of goods

2460. Order for seizure and delivery of goods—making

Division 2.18.15--Enforcement of non-money orders—orders for seizure and detention of property

2470. Order for seizure and detention of property—making
2471. Order for seizure and detention of property—preconditions
2472. Order for seizure and detention of property—against officer of
2473. Order for seizure and detention of property—return of seized

Division 2.18.16--Enforcement—contempt

2500. Contempt—application of div 2.18.16
2501. Contempt—applications generally
2502. Contempt—application by registrar
2503. Contempt—arrest warrant if respondent likely to abscond etc
2504. Contempt in face or hearing of court—alternative procedure
2505. Contempt—arrest warrant
2506. Contempt—punishment
2507. Contempt—costs

Division 2.18.17--Enforcement—arrest warrants for absconding defendants

2550. Application—div 2.18.17
2551. Meaning of plaintiff and defendant—div 2.18.17
2552. Arrest warrant for defendant—application
2553. Arrest warrant for defendant—issue
2554. Arrest warrant for defendant—enforcement
2555. Arrest warrant for defendant—costs of enforcement
2556. Arrest warrant for defendant—service of warrant and claim
2557. Arrest warrant for defendant—record of enforcement
2558. Arrest warrant for defendant—procedure after arrest
2559. Arrest warrant for defendant—release of defendant
2560. Arrest warrant for defendant—court powers
2561. Arrest warrant for defendant—failure to comply with
2562. Arrest warrant for defendant—review
2563. Arrest warrant for defendant—restriction on further
2564. Arrest warrant for defendant—costs

PART 2.19--INTERPLEADER PROCEEDINGS

Division 2.19.1--Stakeholder's interpleader

2600. Interpleader—application by stakeholder

Division 2.19.2--Enforcement officer's interpleader

2605. Interpleader—notice of claim to enforcement officer
2606. Interpleader—failure to give notice of claim
2607. Interpleader—notice to enforcement creditor
2608. Interpleader—admission of claim
2609. Interpleader—enforcement officer's interpleader application
2610. Interpleader—enforcement debtor's rights not affected

Division 2.19.3--Interpleader orders

2620. Interpleader—orders
2621. Interpleader—summary disposal of proceeding
2622. Interpleader—adverse claims
2623. Interpleader—default by claimant
2624. Interpleader—neutrality of applicant
2625. Interpleader order—2 or more proceedings
2626. Interpleader—trial
2627. Interpleader—disposal of amounts in court

PART 2.20--TRUSTS, ESTATES, ACCOUNTS AND INQUIRIES

Division 2.20.1--Trusts and estates generally

2700. Trusts and estates—decision without order for administration
2701. Trusts and estates—application not to affect powers
2702. Trusts and estates—conduct of sale

Division 2.20.2--Taking of accounts

2720. Meaning of accounting party—div 2.20.2
2721. Account—order for account
2722. Account—orders
2723. Accounts—service of order etc
2724. Accounts—form and verification
2725. Accounts—filing and service
2726. Accounts—challenging account
2727. Accounts—witness
2728. Accounts—allowances
2729. Accounts—delay
2730. Accounts—powers exercisable on taking account
2731. Accounts—class interests
2732. Accounts—reference to judicial officer
2733. Accounts—certificate about taking of account
2734. Accounts—further consideration

Division 2.20.3--Making of inquiries

2740. Inquiries—procedure for inquiries
2741. Inquiries—orders

Division 2.20.4--Executors, administrators and trustees—accounts and commission

2745. Definitions—div 2.20.4
2746. Estate and trust accounts—order requiring examination and passing of
2747. Estate and trust accounts—compliance with order for examination and passing of
2748. Estate and trust accounts—application for commission
2749. Estate and trust accounts—notice of filing of accounts etc
2750. Estate and trust accounts—appearance of beneficiary at
2751. Estate and trust accounts—examination
2752. Estate and trust accounts—conduct of examination
2753. Estate and trust accounts—application for passing accounts
2754. Estate and trust accounts—passing of accounts etc
2755. Estate and trust accounts—amended or further accounts
2756. Estate and trust accounts—renewal of objection in subsequent
2757. Estate and trust accounts—evidence in subsequent proceeding
2758. Estate and trust accounts—general practice to apply
2759. Estate and trust accounts—combined executors' and trustees'
2760. Trustees—allowance of commission in proceeding

PART 2.21--REPRESENTATION BY SOLICITORS

2800. Power to act by solicitor
2801. Appointment of solicitor
2802. Change between acting personally and acting by solicitor
2803. Change of solicitor
2804. Removal of solicitor by court
2805. Solicitor removed from roll etc
2806. Application for leave to withdraw as solicitor
2807. Leave to withdraw as solicitor
2808. Effect of removal of, or leave to withdraw as, solicitor
2809. Withdrawal of solicitor's agent
2810. Solicitor not to act for adverse parties

PART 2.22--MISCELLANEOUS--CH 2

2900. Declaratory order
2901. Copies of documents from registrar
2902. Searches of registers etc
2903. Inspection of registry files

CHAPTER 3--PARTICULAR CIVIL PROCEEDINGS

PART 3.1--ADMINISTRATION AND PROBATE

Division 3.1.1--Administration and probate—general

3000. Definitions—pt 3.1
3001. Terms used in Administration and Probate Act
3002. Application—pt 3.1

Division 3.1.2--Application for grant of representation

3005. Grant of representation—application
3006. Grant of representation—notice of intention to apply to be published in
3007. Grant of administration—notice of intention to apply to be served on
3008. Grant of administration—notice of intention of creditor to apply to be served on
3009. Grant of representation—when notice of intention to apply to be served on public
3010. Grant of representation—supporting affidavit for
3011. Grant of representation—affidavit of search
3012. Grant of representation—proof of identity and death
3013. Grant of representation—further evidence, documents and
3014. Grant of representation—no grant to executor etc who has
3015. Grant of representation—when hearing not required

Division 3.1.3--Application for reseal of foreign grant

3020. Reseal of foreign grant—application
3021. Reseal of foreign grant—notice of intention to apply to be published in newspaper
3022. Reseal of foreign grant—supporting affidavit for application
3023. Reseal of foreign grant—affidavit of search
3024. Reseal of foreign grant—when hearing required

Division 3.1.4--Validity and form of wills

3030. Grant of representation—evidence of proper attestation of
3031. Grant of representation—will by blind or illiterate person
3032. Grant of representation—alterations in will
3033. Grant of representation—documents mentioned in or attached to
3034. Grant of representation—evidence of proper execution of will
3035. Grant of representation—will inoperative or partly

Division 3.1.5--Administration bonds

3045. Administration bond—requirement for bond
3046. Administration bond—dispensing with bond
3047. Administration bond—affidavit of justification
3048. Administration bond—exempt surety
3049. Administration bond—addition or reduction after required but before
3050. Administration bond—addition or reduction after given
3051. Administration bond—proceeding on bond
3052. Administration bond—application by surety
3053. Administration bond—reseal of foreign grant

Division 3.1.6--Administration by public trustee

3055. Administration by public trustee—application
3056. Administration by public trustee—renunciation of probate by
3057. Administration by public trustee—renunciation of letters of administration by entitled
3058. Administration by public trustee—service of documents on public

Division 3.1.7--Caveats

3065. Definitions—div 3.1.7
3066. Caveat—filing
3067. Caveat—service
3068. Caveat—period of operation
3069. Caveat—setting aside
3070. Caveat—withdrawal if no pending proceeding for grant of representation etc
3071. Caveat—leave to withdraw
3072. Caveat—effect if filed on day of grant

Division 3.1.8--Revocation of grant

3080. Revocation of grant—urgent order before start of proceeding
3081. Revocation of grant—application
3082. Revocation of grant—orders
3083. Revocation of grant—return of original grant

Division 3.1.9--Other probate proceedings

3090. Definitions—div 3.1.9
3091. Application—div 3.1.9
3092. Division 3.1.9 proceeding—starting
3093. Division 3.1.9 proceeding—application for revocation
3094. Division 3.1.9 proceeding—affidavits
3095. Division 3.1.9 proceeding—affidavits of scripts
3096. Division 3.1.9 proceeding—directions for notice to people with beneficial
3097. Division 3.1.9 proceeding—notice of intention to intervene
3098. Division 3.1.9 proceeding—filing of grant of representation

Division 3.1.10--Administration and probate—other provisions

3110. Administration and probate—registrar may make inquiries
3111. Administration and probate—subpoenas
3112. Administration and probate—evidence about domicile
3113. Administration and probate—proof in solemn form
3114. Failure of executor to prove will—Administration and Probate Act, s
3115. Failure by executor, administrator or trustee to comply with beneficiary's request
3116. Grant of administration—grant to child
3117. Order about administration of real estate—Administration and Probate Act, s
3118. Assessment of costs—Administration and Probate Act, s 71
3119. Administration and probate book
3120. Proved wills to be kept by court

PART 3.2--ADOPTION

Division 3.2.1--Adoption—general

3150. Definitions—pt 3.2
3151. Terms used in Adoption Act
3152. Application—pt 3.2

Division 3.2.2--Adoption orders

3155. References to applicants—div 3.2.2
3156. Adoption order—application
3157. Adoption order—supporting affidavit for application
3158. Adoption order—documents accompanying application
3159. Adoption order—service of application on chief executive
3160. Adoption order—notice of intention to oppose

Division 3.2.3--Orders for dispensing with consent to adoption

3170. Dispensing order—application
3171. Dispensing order—service of application
3172. Dispensing order—notice of intention to oppose

Division 3.2.4--Amendment of adoption order

3180. Amendment order—application
3181. Amendment order—service of application
3182. Amendment order—notice of intention to oppose

Division 3.2.5--Discharge of interim orders and adoption orders

3190. Discharging order—application
3191. Discharging order—service of application
3192. Discharging order—notice of intention to oppose

Division 3.2.6--Access to identifying information

3200. Order for access to identifying information—application
3201. Order for access to identifying information—service of
3202. Order for access to identifying information—notice of intention to

Division 3.2.7--Adoption proceedings—general procedures

3210. Adoption proceedings—service of applications
3211. Adoption proceedings—service of documents containing identifying

PART 3.3--COMMERCIAL ARBITRATION

3250. Meaning of Commercial Arbitration Act—pt 3.3
3251. Terms used in Commercial Arbitration Act
3252. Commercial arbitration—application
3253. Commercial arbitration—leave to appeal under Commercial Arbitration Act, s 38 (4)
3254. Commercial arbitration—appeal under Commercial Arbitration Act, s
3255. Commercial arbitration—application under Commercial Arbitration Act, s
3256. Commercial arbitration—application for order under Commercial Arbitration Act, s 42
3257. Commercial arbitration—payment into court
3258. Commercial arbitration—examination of witnesses
3259. Commercial arbitration—decision to refuse application for order in application in
3260. Commercial arbitration—application for leave to enforce award
3261. Commercial arbitration—evidence of award for purposes of
3262. Commercial arbitration—endorsement and service of order for

PART 3.4--CORPORATIONS ACT AND ASIC ACT

3270. Rules for proceedings under Corporations Act or ASIC Act

PART 3.5--CROSS-VESTING

3300. Definitions—pt 3.5
3301. Terms used in Cross-vesting Act
3302. Application—pt 3.5
3303. Cross-vesting—application for transfer or removal of proceedings
3304. Cross-vesting—application by Attorney-General
3305. Cross-vesting—removal of proceedings
3306. Cross-vesting—relying on jurisdiction under cross-vesting laws
3307. Cross-vesting—service
3308. Cross-vesting—directions
3309. Cross-vesting—procedure following transfer of proceeding from court
3310. Cross-vesting—procedure following transfer of proceeding to court
3311. Cross-vesting—application of another jurisdiction's written law
3312. Cross-vesting—application of another jurisdiction's rules of evidence and

PART 3.6--ELECTORAL MATTERS

Division 3.6.1--Electoral matters—general

3350. Definitions—pt 3.6
3351. Terms used in Electoral Act
3352. Application—pt 3.6
3353. Election application etc originating application

Division 3.6.2--Disputed elections

3355. Disputed election—deposit as security for costs
3356. Disputed election—public notice of election application
3357. Disputed election—parties to proceeding
3358. Disputed election—public notice of intention to make application for leave to
3359. Disputed election—particulars of contested ballot papers
3360. Disputed election—countercharges
3361. Disputed election—time of trial etc
3362. Disputed election—substitution of plaintiff
3363. Disputed election—withdrawal of defendant
3364. Disputed election—substitution of defendant

Division 3.6.3--Questions referred by Legislative Assembly

3400. Question referred—parties to proceeding

Division 3.6.4--Electoral matters—general procedure

3405. Electoral matters—better particulars

PART 3.7--FOREIGN AND INTERSTATE CONFISCATION ORDERS--REGISTRATION

Division 3.7.1--Foreign confiscation orders—registration

3450. Definitions—div 3.7.1
3451. Application—div 3.7.1
3452. Foreign confiscation orders—register
3453. Foreign confiscation orders—registration
3454. Foreign confiscation orders—proceedings for registration
3455. Foreign confiscation orders—when registration cancelled

Division 3.7.2--Interstate confiscation orders—registration

3460. Definitions—div 3.7.2
3461. Interstate confiscation orders—register
3462. Interstate confiscation orders—registration
3463. Interstate confiscation orders—proceedings for registration
3464. Interstate confiscation orders