Contents (1970 - 01)
Supreme Court Rules 1970
Status information

Part 1 Preliminary

1 Name of Rules
2 Commencement
3–7 (Repealed)
8 Interpretation
9 Seals
9A, 9B (Repealed)
9C Filing prescribed bail forms by fax
10, 10A (Repealed)
11 Forms
11A, 12 (Repealed)
13 Procedure wanting or in doubt
14 (Repealed)

Part 1A Sittings and vacations

1 Sittings
2 Vacations
3 (Repealed)

Parts 1B–11

Part 12 Distribution of business

1 (Repealed)
1A Procedure under particular Acts
2–7 (Repealed)

Parts 13–51A

Part 51B Appeals to the Court under Part 5 of the Crimes (Appeal and Review) Act 2001

1 Application
2 Assignment of business
3 Definitions
4 (Repealed)
5 Leave to appeal or cross-appeal
6 Time for appeal
7 Institution of appeal
8 Statement of ground
9 Transcript and reasons for decision
10 Parties
11 Service
12 Directions for service
13 Filing with tribunal below
14 Security for costs
15 Date of hearing of appeal
16 Amendment
17 Cross-appeal
18 Notice of contention

Parts 52–54

Part 55 Contempt

Division 1 Preliminary

1 Interpretation

Division 2 Contempt in the face or hearing of the Court

2 Arrest
3 Charge, defence and determination
4 Interim custody

Division 3 Motion or proceedings for punishment

5 Application
6 Procedure generally
7 Statement of charge
8 Evidence
9 Service
10 Arrest
11 Motion or proceedings by the registrar

Division 4 General

12 Warrant
13 Punishment
14 Discharge
15 (Repealed)

Parts 56–59A

Part 60 Associate Judges

Division 1 General

1 Interpretation
1A Powers
2 Distribution of business
3 Judgment or order
4 Certificate

Divisions 2, 3

5–16(Repealed)

Division 4 Appeal to the Court of Appeal

17 Cases for appeal

Part 61 Registrars and chief clerk

Division 1 Registrars

1–4 (Repealed)
4A Practice in registries outside Sydney

Division 2

5(Repealed)

Parts 62–65

Part 65A Legal profession

1 (Repealed)
2 Assignment of business
3 Removal or suspension elsewhere
4 (Repealed)
5 Appeal: practising certificate
6 Furnishing information
7 Removal from Roll pursuant to s 48Z (5) of the Legal Profession Act 1987

Part 65B

1(Repealed)

Part 65C Admission as legal practitioner

Division 1 Application for admission

1 Application by person approved by a Board
2 Admission, other than of interstate applicant
3 Interstate applicant, other than under the Mutual Recognition Act
4 Application under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act
5 Administering oaths for other courts

Division 2 Referral under s 13A of the Legal Profession Act 1987

6 Commencement of proceedings
7 Application of rules
8 Rights of professional bodies
9 Directions
10 Evidence

Parts 66–68

Part 69 Infants’ Custody and Settlements Act rules

1 Custody etc
2 Assignment of business

Parts 70, 71

Part 71A Service and Execution of Process Act 1992 (Commonwealth)

1 Interpretation
2 Commencement of proceedings
3 Title and parties
4 Where service not required
5 Where attendance not required
6 Enforcement proceedings
7 Costs and expenses of registration etc
8 Facsimile number and e-mail address

Parts 72–73

Part 74 Transfers of proceedings; cross-vesting laws

Divisions 1, 2

1–3(Repealed)

Division 3 Cross-vesting laws

4 Definitions
5 Mode of application
6 Addition above title
7 Attorney-General
8 Application relating to transfer
9 Application of other laws or rules

Part 75 Criminal proceedings

Division 1 General

1 Application
1A Criminal Appeal Rules
2 Rules applicable
3 Rules applicable
3AA Forms approved by Uniform Rules Committee not to be used
3A Children (Criminal Proceedings) Act 1987
3B Registrar may exercise certain powers and functions
3C Evidence taken outside the State
3D Form of indictment
3E Bail application
3F Acceptable person information
3FA Objection to confirmation of forfeiture order
3FB Application to set aside forfeiture order
3G (Repealed)
3H Election under s132 of Criminal Procedure Act 1986
3HA Criminal proceedings
3I Return of exhibits
3J Expert witnesses
3K Conference between experts
3L Recording of evidence

Division 2 Summary jurisdiction

4 Application
5 Interpretation
5A (Repealed)
6 Rules applicable
7 Commencement of proceedings
8 Copies of order
9 Service
10 Evidence of service
10A Privilege
11 Pre-trial procedures
11A Procedure where defendant does not appear
11B Defendant to plead
12 (Repealed)
13 Termination of proceedings in a court of petty sessions
14 Arrest warrants

Parts 76, 77

Part 78 Probate and administration

Division 1 Preliminary

1 Definitions
2 Forms

Division 2 Commencement of proceedings

3 Publication of notice of intended application for probate or administration: section 42 of P&A Act
4 Publication of notice of intended application for reseal of foreign grant: section 109 of P&A Act
5 Commencement of proceedings by creditor
6 Cross-claims

Division 3 Non-contentious proceedings

Subdivision 1 General provisions in relation to non-contentious proceedings

7 Application of Division
8 Commencement of non-contentious proceedings
9 Disposal of non-contentious proceedings
10 Documents to accompany application for grant of probate or administration
11 Documents to accompany application for resealing of foreign grant
12 Supporting affidavits
13 Domicile outside New South Wales

Subdivision 2 Evidence in support in non-contentious applications

14 Informal testamentary documents
15 Will made prior to divorce
16 Delay
17 Application for grant of probate where named executor has renounced probate or reserved leave to apply
18 Application for grant of administration with will annexed where named executor has renounced probate
19 Application for grant of administration by some only of those entitled to administration
20 Affidavit in support of application for administration generally
21 Evidence in support of application for administration by de facto partner
22 Affidavit in support of application for administration—domestic partnerships
23 Administration bonds
24 Evidence in support of application for administration for the purposes only of Chapter 3 of the Succession Act 2006

Subdivision 3 Proof of wills in non-contentious proceedings

25 Application of Division
26 Will not sufficiently attested
27 Blind or illiterate testator’s will or will at another’s direction
28 Date of execution
29 Interlineations, obliterations and alterations
30 Documents referred to or attached
31 Part of will paper torn off or cut off
32 Burning, tearing or other sign of revocation
33 Inoperative will

Division 4 Contentious proceedings

34 Application of Division
35 Commencement of contentious proceedings
36 Admissions
37 Disputes as to standing

Division 5 Proceedings affecting other persons’ interests

38 Plaintiff sole executor
39 Notice of proceedings to be served on certain persons
40 Affidavit verifying consent

Division 6 Proceedings concerning informal testamentary documents

41 Application of Division
42 Consent of or notice to person affected
43 Appearance by person affected by informal testamentary document
44 Person affected by informal testamentary document becomes party on entering appearance
45 Persons who are bound by Court’s decision on informal testamentary document

Division 7 Proceedings for revocation of grant of probate or administration

46 Application
47 Commencement of proceedings with no defendant
48 Commencement of proceedings with defendant
49 Deposit of grant of probate or administration

Division 8 Proceedings for administration during minority

50 Administration during minority
51 Assigned guardian
52 Elected guardians

Division 9 Notices

Subdivision 1 Notice to apply for administration

53 Notice to apply for administration
54 Time for answer to notice

Subdivision 2 Notice to apply for probate

55 Notice to apply for probate
56 Time for answer to notice

Subdivision 3 Notice of proceedings

57 Notice of proceedings
58 Election to be a defendant
59 Proof of service of notice of proceedings
60 Persons served bound by certain orders and decisions

Subdivision 4 Notices served on persons under legal incapacity

61 Service on persons under legal incapacity
62 Notice to be answered by tutor
63 Appointment of tutor

Subdivision 5 General

64 Service generally
65 Assignment of case number

Division 10 Caveats

Subdivision 1 Caveat against grant of probate or administration

66 Caveat against grant of probate or administration

Subdivision 2 Caveat concerning an informal testamentary instrument

67 Caveat concerning an informal testamentary instrument

Subdivision 3 Caveat requiring proof in solemn form

68 Caveat requiring proof in solemn form

Subdivision 4 General

69 Duration of caveat
70 Withdrawal of caveat
71 Order that caveat cease to be in force
72 Certain proceedings to be commenced by statement of claim
73 Service of documents on caveator
74 Assignment of case number

Division 11 Accounts and commission

75 Definitions
76 Commencement of proceedings
77 Further requirements where applicant seeks commission
78 Objection prior to proceedings
79 Notice of proceedings
80 Sureties
81 Inspection and appearance
82 Vouching
83 Court may require further evidence, documents and notices
84 Certificate as to passing of accounts
85 Time for filing etc accounts under section 85 of P&A Act
86 Renunciation of commission under section 86 (3) of P&A Act
87 Reduction of excessive commission under section 86A of P&A Act
88 Notices and orders under section 87 of P&A Act
89 Order to file etc accounts

Division 12 Forms

90 Form of appointment: section 75A of P&A Act
91 Affidavit of additional assets: section 81A of P&A Act
92 Form of acknowledgment: section 83 of P&A Act
93 Form of notice of intended distribution

Division 13 Functions of registrar

94

Part 79 Court of Disputed Returns

Division 1 General

1 Application of Part
2 Interpretation
3 (Repealed)
4 Application of rules
5 Appointment of solicitor

Division 2 Disputed elections and returns

6 Application of Division
7 Interpretation
8 Commencement of proceedings
9 Publication
10 Service of petition
11 Death of party
12 Respondent not opposing petition
13 Substitution of petitioner or respondent
14 Electoral Commissioner
15 Time limited for entry of appearance
16 No step without appearance
17 Particulars
18 Motions
19 Discontinuance
20 Lists of objections to votes
21 Respondent’s contention of undue election
22 Trial
23 Evidence generally

Division 3 Qualifications and vacancies

24 Application
25 Interpretation
26 (Repealed)
27 Transmitting of documents
28 Referring of question
29 Parties
30 Service
31 Publication

Part 80 Companies (New South Wales) Code and Corporations Law

Division 1 Preliminary

1 Interpretation
1A Corporations Law
1B Corporations Law : affidavit (s 459E (3))
1C Corporations Law : affidavit (s 459Q (c))
1D Corporations Law : affidavit (s 596C)

Division 2 Proceedings under the Code generally

2 Commencement of proceedings
3 Additions above title
4 Directing notice of any application etc
5 Leave to creditor etc to be heard etc
6 (Repealed)
7 Inquiry as to creditors
8 Registrar furnishing copy of summons etc

Division 2A Part II of the Code

8A Appeal from Board (s 30R)

Division 3 Parts III–XI of the Code

9 Applications under ss 73, 118, 122, 123, 125, 133 and 175
10 Reduction of capital (s 123)
11 Reduction of capital: appointment for hearing (s 123)
12 Registration of transfer of shares etc (s 184)
13 (Repealed)
14 Compromise with creditors etc (ss 315, 317)
15 Oppression or injustice (s 320 (2))
16 Release of official manager (s 355)

Division 4 Part XII of the Code (winding up)

17 Company Index: search (s 363)
18 Application for a winding up order under s 364 (1)
19 Serial number: winding up
20 Notice of intention to appear
21 Substituted plaintiff in winding up application
22 Discontinuance
22A Notice to liquidator of appointment
23 Form of winding up order
23A (Repealed)
24 Stay of proceedings against company (s 367)
24A Validation of dispositions of property etc (s 368)
25 Proceedings against a Company after a winding up order (s 371)
26 Appointment of provisional liquidator (s 372)
27 Notice to liquidator of appointment
28 Notice of appointment of liquidator
29 Provisional liquidator (s 372)
30 Filling vacancy in office of liquidator (s 373)
31 Copy of report under s 375 (7) (a)
32 List of contributories (s 378 (1) (a))
33 Liquidator to file resolutions
34 (Repealed)
35 Release of liquidator (s 381)
36 Report by the liquidator to the Court: stay of winding up (s 383)
37 Special manager (s 385)
38 Accounting by special manager
39 Default of special manager
40 Requirement by liquidator to pay money etc (ss 384 (1) and 389)
41 Calls: sanction of committee of inspection (ss 384 (3), 389)
42 Application for leave to make a call (ss 384 (3), 389)
43 Filing notice of amount of call per share (ss 384 (3), 389)
44 Call on contributories (ss 384 (3), 389)
45 Application for order for payment of call (s 384 (3) (b))
46 Powers of liquidator (s 389)
47 Proceedings against company after voluntary winding up (ss 401, 402)
48 Complaints concerning liquidator (s 420 (1))
49 Report concerning liquidator (s 420 (2))
50 Resignation of liquidator (s 421)
51 (Repealed)
52 Report by the chairman to the Court: meeting of creditors etc (s 431)
53 Committee of inspection (s 432)
54 Filing proof of debt (s 438)
55 (Repealed)
56 Disclaimer (s 454)
57 Winding up of bodies other than companies (s 470)
58 Stay of proceedings against body other than a Company (s 472)

Division 5 Part XIV of the Code (miscellaneous)

59 Security for costs: plaintiff corporation (s 533)
60 (Repealed)
61 Appeal from liquidator etc (s 538)
61A Irregularities (s 539)
62 Examination of person concerned with corporation (s 541)
63 Default in relation to an examination

Division 6 Meetings ordered by the Court

64 Application of regulations

Part 80A Corporations Law and ASC Law

Division 1 Preliminary

1A (Repealed)
1 Interpretation
2 Application
3 Commencement of proceedings
4 Registration of transfer of shares etc (s 1092 (3))

Division 2 Proceedings generally

5 Additional powers of the Court
6 (Repealed)
7 Inquiry as to creditors etc
8 Registrar furnishing copy of summons etc
9 Notice of intention to appear

Division 3 Advertisement

10 Advertisement and inspection of certain applications

Division 4 Notice to ASIC

11 Service of certain applications

Divisions 5, 6

12, 13(Repealed)

Division 6A Remuneration of receiver, administrator and special manager

13A Remuneration of receiver (s 425 (1))
13B Remuneration of administrator (s 449E (1))
13C Remuneration of special manager (s 484 (2))

Division 7 Winding up

14 Index: search
15 Form of affidavit in support of statutory demand (s 459E (3))
16 Form of affidavit in support of an application to wind up relying on failure to comply with statutory demand (s 459Q (c))
17 Time prescribed (s 465C)
18 Evidence in support of winding up application
19 Discontinuance (ss 459 and 461)
20 Service of notice of appointment of liquidator or provisional liquidator
21 Appeal from registrar: winding up order
22 Remuneration of provisional liquidator (s 473 (2))
23 Remuneration of liquidator (s 473 (3))
24 Copy of a report under s 475 (7) (a)
25 Report by the liquidator to the Court: stay of winding up (s 482 (2))
26 Special manager (s 484)
27 Accounting by special manager (s 484 (2) (a))
28 Default of special manager
29 Complaints concerning liquidator or provisional liquidator (s 536 (1))
30 Report concerning liquidator or provisional liquidator (s 536 (2))
31 Report by the chairman to the Court: meeting of creditors etc (s 547)
32 Appeal from liquidator etc (s 1321)
33 Release of liquidator (s 480)
34 Exercise of Court’s power by liquidator (s 488 (1))
35 Destruction of books (s 542 (3) (a))

Division 8 Examinations

36 Examination of persons concerned with corporations (Part 5.9 Division 1)
37 Default in relation to an examination

Division 9 Winding up of bodies other than companies

38 Winding up of bodies other than companies (s 583)

Part 81

1–40(Repealed)

Part 82 Public Notaries Act 1997

1 Interpretation
2 Application by person approved by Board
3 Appointment in the absence of the public etc
4 Taking oath etc
5 Particulars to be entered in the roll
6 (Repealed)
7 Application under the Mutual Recognition Act
8 Certificate of appointment

Part 83

1–5(Repealed)

Part 84 Crimes (Administration of Sentences) Act 1999

1 Application by offender for direction relating to decision of Parole Authority
2 Application by State for direction relating to decision of Parole Authority
3 Secretary of Parole Authority to forward documents to Registrar

 Schedules A–C (Repealed)

 Schedule D Powers of associate Judges

 Schedule E (Repealed)

 Schedule F Forms

 Schedule G Costs

 Schedule G1

 Schedules H, I (Repealed)

 Schedule J Procedure under various Acts

 Schedule K (Repealed)

Historical notes