1 Name of rules
2 Commencement
3 Interpretation
4 Repeal and transitional provisions
5 Adherence to and relief from rules
6 Procedure wanting or in doubt
7 Seal of a court
8 Application of rules in General and Small Claims Divisions
1 Control of registry
2 (Repealed)
3 Pro bono cases
1 Authentication of order transferring to District Court
2 Where actions may be commenced
3 Where proceedings may be heard
4 Objection by defendant
5 Change of venue under sec 18
6 Adjournment to another court
7 Chambers
8 Reserved decision
9 Small Claims Division
10 Transfer of actions to the Small Claims Division
11 Applications concerning judgments in the Small Claims Division
1 Reckoning of time
2 Extension and abridgement
3 Fixing time
Part 5 Commencement of actions
1 Statement of claim
2 Contents
3 Filing and copies
4 Time of commencement
5 Validity for service
Part 6 Causes of action and parties
1 Joinder of causes of action
2 Joinder of parties generally
3 Joint right
4 Leave under rules 1–3
5 Common liability
6 Inconvenient joinder
7 Misjoinder and non-joinder of parties
8 Addition of parties
9 Removal of parties
10 Death, transmission etc
11 Further conduct of action
12 Failure to proceed after death of party
13 Executors and administrators
14 Deceased persons
15 Conduct
1 Definitions
2 Who may serve process
3 Mode of service
4 When service may not be effected
5 Doubtful service
6 Service on solicitor—statement of claim
7 Service on solicitor—other documents
8 Address for service
9 Service at address for service
10 Husband and wife
11 Prisoner
12 Corporation
13 Where party “keeps house”
14 Where violence threatened
15 Service under contract
16 Substituted service
17 Identity
18 Service by Sheriff’s officer or bailiff
19 (Repealed)
20 Service by post—statement of claim
1 Definition
2 Particulars—general
3 Embarrassment etc
4 Negligence and breach of statutory duty
5 Out-of-pocket expenses etc
6 Manner of giving particulars
7 “Scott Schedule”
8 Order for particulars
Part 9 Notice of grounds of defence, setting down and call-over
1A Application of Division
1 Notice of grounds of defence
2 Verification of defences
2A (Repealed)
2B Particulars in personal injuries actions
3 Setting down for hearing or call-over
4 Call-over, review and directions hearing
Division 2 Small Claims Division
5 Application of Division
6 Notice of grounds of defence
7 Setting down for pre-trial review or for hearing
8 Pre-trial review
Division 3 Case management powers
9 Powers in relation to case management
1 Order for judgment
2 Setting aside order
3 Trial
1 Application and interpretation
2 Summary judgment
Division 2 Summary stay or dismissal
3 Frivolity etc
4 Residue of proceedings
1 Default judgment
2 Where defence as to part of claim
Part 12 Judgment by confession or agreement
1 Definitions
2 Judgment by confession
3 Judgment by agreement
4 Machinery as to statements of confession and agreements
5 (Repealed)
1 Interest under section 39A of the Act
2 Interest ordered by court
3 Interest on judgment debt
1 Voluntary admissions
2 Notice to admit facts
3 Notice to admit documents
4 Court may order admissions
5 Judgment on admissions
6 Restricted effect of admission
7 (Repealed)
1 Application of this Part
2 Notice
3 Time for service of notice
4 (Repealed)
5 Hearing
6 (Repealed)
1A Application of Part
1 General
2 Amendment without leave
3 Disallowance of amendment
4 Statutes of limitation
5 Duration of leave or consent
6 Mode of amendment—directions
7 Mode of amendment—simple amendments
8 Mode of amendment—fresh document
9 Service after amendment
10 Judgment order or certificate
11 (Repealed)
Part 17 Withdrawal and discontinuance
1 Discontinuance
2 Withdrawal of defence
3 (Repealed)
4 Want of prosecution
5 Mode of discontinuance or withdrawal
6 Service
7 (Repealed)
8 Effect of discontinuance
9 Stay to secure costs
1 Application of Part
2 Mode of making offer
3 Application
4 Offer with further offer as to costs
5 Time for making or accepting offer
6 Time for compliance
7 Withdrawal of acceptance
8 Offer without prejudice
9 Disclosure of offer to court
10 Failure to comply with accepted offer
11 (Repealed)
12 Multiple defendants
13 Offer of contribution
1 Commencement
2 Multiple cross-claims
3 Conduct of proceedings generally
4 Separate trials
1 Third party notice
2 (Repealed)
3 Service
4 Rights and liabilities of third party
5 Trial
6 Separate trials
7 Fourth and subsequent parties
8 Co-defendants
9 Costs
Part 20 Medical examination, inspection of property etc
Division 1 Medical examination
1 Application and definitions
2 Notice for examination
3 Expenses
4 Non-compliance with notice
5 Order for examination
6 (Repealed)
7 Medical expert for person concerned
Division 2 Inspection of property etc
8 Inspection
9 (Repealed)
10 Default
1AA Application of Division
1A Definition
1 Time of hearing
2 Action called on for hearing
3 Striking out proceedings
4 Conduct of the hearing
5 Dismissal
6 Judgment by direction
7 Stay to secure costs
Division 2 Small Claims Division
8 Application of Division
9 Procedure
10 Dismissal and striking out
1 Separate claims
2 Damages to time of assessment
1A Application of Part
1 Informal proof
1B (Repealed)
1C Evidence by telephone, video link etc
1D Expert witnesses
1E Conference between experts
2 Report by expert
3 Expert evidence and hospital reports
3A Notice under section 67 or 99 of the Evidence Act 1995
4 Plans, photographs and models
5 Proof of court documents
6 Production of court documents
7 Attendance and production
8 Leading questions to witness
9 Production on notice
10 Default
1 Definition
2 Conduct money
3 Production by non-party
4 (Repealed)
5 Issue
6 Time for service
7 Setting aside
8 Return of exhibits
9 Recognizances
1 Time for swearing
2 Form
3 Alterations
4 Annexures and exhibits
5 Irregularity
6 Filing
7 Service
8 Scandal etc
9 Evidence by affidavit
10 Cross-examination
11 Affidavits of service
1 General relief
2 Written opinion
2A Judgment in an action relating to the detention of goods
3 Setting aside of judgment or order
4 Judgment for costs alone
5 Judicial notice of order
6 Form of judgment or order
7 Copies and certificates
8 Service
9 Payment of part of judgment debt
Part 27 Payment of judgment debt
1 Payment of judgment debt generally
2 Order for instalments subsequently
3 Miscellaneous provisions
1 Issue
2 Service
3 Examination
4 Instalment order after examination
5 Report of certain examinations
6 Adjournment of examination
7 Expiry of warrant
8 Execution of warrant
9 (Repealed)
1 Procedure to issue garnishee order
2 Garnishee order
3 Garnishee’s costs
1 Duration of writ
2 Application for writ
3 Form and notice
4 Subsequent writs
5 Deposit to secure costs of execution
6 Execution
7 Stay of execution by judgment creditor
8 Account
9 When writ may not be executed
10 (Repealed)
10A Judgment for return of goods
10B Issue of writ of delivery or specific delivery
11 Possession fees
12 Removal of goods
13 Time of sale
13A Auctioneer
14 Publication
15 Sale
16 Postponement
17 Approximate market value
18 Sale by private treaty
19 Conditions of sale
20 Receipt, custody and disbursement of money
21 Receipt by registrar on behalf of Sheriff or bailiff
22 Return to writ
23 Notices
Part 30A Execution against land
1 Application
2 Renewal
3 Notice to debtor
4 Disposition by judgment debtor
5 Creditor’s application for sale
6 Approximate market value
7 Further notice to debtor
8 Satisfaction by debtor
9 Advertisement
10 Proof of service and publication
11 Postponement
12 Sale
13 Sale by private treaty
14 Conditions of sale
15 Report of sale
15A Receipt custody and disbursement of money from sale of land
16 Payment to judgment debtor
1 Transitional
1A Application after commencement of Legal Profession Reform Act
2 Interpretation
3 Fees to counsel
4 Unrepresented parties
5 Limitations on professional costs
6 Scales of costs
7 Contested actions
8 Motions, adjournments and striking out
9 Witnesses’ expenses etc
10 Fixed amounts of costs
11 Proceedings removed into the District Court
11A Security for costs
12 Small Claims Division
Part 31A Costs after 30 June 1994
1 Application
2 Time for dealing with costs
3 Assessed costs and other provisions
4 Order for costs—when payable
5 Following the event
6 Party and party basis
7 Fixed amounts of costs
8 Costs order to confirm earlier costs orders
9 Order confirming rule as to payment of costs
10 Proceedings removed into the District Court
11 Security for costs
12 Small Claims Division
13 Applications and appeals under section 208M of the Legal Profession Act 1987
14 Extension of time
15 Judgment by confession or agreement
16 Non-admission of fact or document
17 Interlocutory application
18 Amendment
19 Discontinuance
20 Offer of compromise
21 Offer to contribute
22 Writ of execution
23 Arbitration (Civil Actions) Act 1983
1 Notice of claim
2 Application under sec 66 (3A)
3 Interpleader action—sec 67
1 Functions of registrars
2 (Repealed)
3 Striking out proceedings
4 Chamber business
5 Mandatory order
6 Reference
7 Removal
8 Disposal
9 Review
1 (Repealed)
2 Reference to tutor
3 Need for tutor
3A Notice to minor to appoint tutor
4 Conduct of proceedings by tutor
5 Appointment of tutor generally
6 Appointment of tutor of incompetent person
7 Non-appearance by disable person
8 Appointment by the court
9 Removal
10 Compromise etc of matter in suit
11 Terms of approval
12 Service on disable person
1 Definition
2 Service on unregistered firm
3 Grounds of defence
4 Amendment as to parties
5 Execution
6 Variation of judgment or order
1 Preparation
2 Heading and title
3 Forms
4 General requirements
5 Words and figures
6 Signature for solicitor
7 Backsheet
8 Scandal etc
9 Notice of rejection
10 Copies of documents
11 Sealing duplicate documents
1 Power to act by solicitor
2 Adverse parties
3 Appointment of solicitor
4 Change of solicitor etc
5 When change takes effect
1 Prescribed courts
2 Prescribed actions
Division 2 Arbitration under the “Philadelphia” system
3 “Philadelphia” system
Division 3 Arbitration otherwise than under the “Philadelphia” system
4 Referral procedure
5 Procedure by arbitrator
6 Application
7 Medical reports
8 Proof of documents
9 Confession or agreement
10 Award of arbitrator
11 Period after which award becomes judgment
12 Rehearing
13 (Repealed)
Part 38A Service and Execution of Process Act 1992 (Cth)
1 Interpretation
2 Commencement
3 Fees
4 Costs
5 Interest on judgment debt
Part 38B Court appointed expert and assistance to the court
Division 1 Court appointed expert
1 Selection and appointment
2 Code of conduct
3 Report
4 Cross-examination
5 Remuneration
6 Other expert evidence
Division 2 Assistance to the court
7 Assistance to the court
1 Refusal of order for removal
2 Appearance by commercial agent etc
3 Enforcement of orders for the payment of money
4 Searches
5 Corporation acting in person