1.1 Name of rules
1.2 Definitions
1.3 References to barristers and solicitors
1.4 Saving as to discovery
1.5 Application of these rules
1.6 Exclusion of provisions of Civil Procedure Act 2005
1.7 Local rules that prevail over these rules
1.8 Determination of questions arising under these rules
1.9 Objections to production of documents and answering of questions founded on privilege
1.10 (Repealed)
1.10A Powers of associate Judges of the Supreme Court
1.10B When Part 11A concerning service under Hague Convention has effect
1.11 Reckoning of time
1.12 Extension and abridgment of time
1.13 Fixing times
Division 3 Fees and other amounts
1.14 Prescribed fees and other amounts
1.15 Fees chargeable under the Oaths Act 1900
Division 4 Distribution of business between Divisions of Supreme Court
1.16 Assignment of business to Divisions
1.17 Bulk transfers between Supreme Court Divisions
1.18 Assignment of business to Common Law Division
1.19 Assignment of business to Equity Division
1.20 Declarations of right and injunctions
1.21 Removal to Court of Appeal
Division 5 Notices under section 78B of Judiciary Act 1903 of Commonwealth
1.22 Notice of constitutional matter
1.23 Time for filing and service of notice of constitutional matter
1.24 Affidavit of service
1.25 Documents for intervening Attorneys-General
Division 6 Procedure in particular circumstances
1.26 Procedure under particular Acts
1.27 Procedure in particular District Court lists
Part 2 Case management generally
2.1 Directions and orders
2.2 Appointment for hearing
2.3 Case management by the court
Part 3 Electronic case management
3.1 Definitions
3.2 Application of Part
3.3 Registration of users
3.4 Electronic filing of documents
3.4A Written record to be kept of direction to e-file document
3.5 Filing of affidavits
3.6 Filing of wills
3.7 Electronic issuing of a document
3.8 Electronic service of a document
3.9 Use of ECM system in business conducted in the absence of the public
Part 4 Preparation and filing of documents
Division 1 Preparation of documents generally
4.1 Application of Division
4.2 Documents to be filed to contain certain information
4.2A List of parties
4.3 Paper and writing
4.4 Signing documents
4.5 Address for service
4.6 Changing address for service
4.7 Numbers
4.7A Land descriptions
4.8 Separate documents for separate process
4.9 Delegation by NSW Trustee and Guardian
Division 2 Filing of documents
4.10 Filing generally
4.11 Case number or other unique identifier to be assigned to originating process
4.12 Lodgment of additional copies of originating process for service
4.13 Place for filing
4.14 Filing of notices on behalf of multiple parties
4.15 Court’s power to deal with scandalous matter in documents
4.16 Court to be advised as to subrogation to corporation
Part 5 Preliminary discovery and inspection
5.1 Definitions
5.2 Discovery to ascertain prospective defendant’s identity or whereabouts
5.3 Discovery of documents from prospective defendant
5.4 Discovery of documents from other persons
5.5 Discovery and inspection generally
5.6 Security for costs
5.7 Privilege
5.8 Costs and other expenses
Part 6 Commencing proceedings and appearance
6.1 No step without originating process or notice of appearance
6.1A Proceedings that do not require a defendant
Division 2 Originating process
6.2 How proceedings commenced
6.3 Where statement of claim required
6.4 Where summons required
6.5 Proceedings wrongly commenced by statement of claim
6.6 Proceedings wrongly commenced by summons
6.7 Determination
6.8 Originating process for recovery of land to be served on occupier
6.8A Originating process for proceedings to be entered in Possession List
Division 3 Defendant to proceedings to enter appearance
6.9 How appearance entered
6.10 Time for appearance
6.11 Defendant may submit to judgment by notice of appearance
Division 4 Contents of statement of claim and summons
6.12 Relief claimed
6.12A Proceedings for order in the nature of prerogative writ
6.13 Notice to defendant in statement of claim
6.14 Notice to defendant in summons
6.15 Summons to specify return day
6.16 Alteration of return day in summons
6.17 Payment towards liquidated claim stays proceedings on claim
Division 5 Joinder of causes of action and joinder of parties
6.18 Joinder of causes of action
6.19 Proceedings involving common questions of law or fact
6.20 Proceedings affecting persons having joint entitlement
6.21 Proceedings affecting persons having joint or several liability
6.22 Court may order separate trials if joinder of party or cause of action inconvenient
6.23 Effect of misjoinder or non-joinder of parties
6.24 Court may join party if joinder proper or necessary
6.25 Joinder as plaintiff requires party’s consent
6.26 Joinder to recover costs
6.27 Joinder on application of third party
6.28 Date of commencement of proceedings in relation to parties joined
6.29 Removal of parties by order
6.30 Effect of certain changes on proceedings
6.31 Court may dismiss proceedings not prosecuted following death of party
Division 7 Orders as to future conduct of proceedings
6.32 Orders as to the future conduct of proceedings
Division 8 Referred questions of law and stated cases
6.33 Definitions
6.34 Application of Division
6.35 Originating process
6.36 Form of special case
6.37 Procedure for preparing special case
6.38 Conduct of proceedings
6.39 Insufficient case
6.40 Inferences
6.41 Referred matters under section 28 of the Constitution Further Amendment (Referendum) Act 1930
Division 9 Issues arising under foreign law
6.42 Definitions
6.43 Filing of notices
6.44 Orders
6.45 Determination of issues arising in foreign court proceedings
Part 7 Parties to proceedings and representation
7.1 By whom proceedings may be commenced and carried on
7.2 Affidavit as to authority to commence and carry on proceedings in Supreme Court or District Court
7.3 Issue of subpoena in certain circumstances requires leave
7.4, 7.5 (Repealed)
7.6 Representation in cases concerning administration of estates, trust property or statutory interpretation
7.7 Judgments and orders bind represented persons in estate and trust property proceedings
7.8 Court may determine who has conduct of proceedings
7.9 Judgments and orders bind beneficiaries
7.10 Interests of deceased person
Division 3 Executors, administrators and trustees
7.11 Executors, administrators and trustees
7.12 Beneficiaries and claimants
Division 4 Persons under legal incapacity
7.13 Definition
7.14 Proceedings to be commenced or carried on by tutor
7.15 Tutors generally
7.16 Tutor to file certain documents
7.17 Non-appearance of person under legal incapacity
7.18 Court may appoint and remove tutors
7.19 Persons to sue and be sued in own name
7.20 Proceedings against defendant operating under unregistered business name
7.21 Defendant sued in business name to respond in own name
7.22 Plaintiff to amend documents in the proceedings to replace business name with defendant’s own name
7.23 Relators
Division 7 Appointment and removal of solicitors
7.24 Power to act by solicitor
7.25 Adverse parties
7.26 Change of solicitor or agent
7.27 Removal of solicitor
7.28 Appointment of solicitor by previously unrepresented party
7.29 Withdrawal of solicitor
7.30 Effect of change
7.31 Actions by a solicitor corporation
Division 8 Commencement of proceedings under particular Acts
7.32 Proceedings under the Confiscation of Proceeds of Crime Act 1989
Division 9 Court appointed referral for legal assistance
7.33 Objectives
7.34 Definitions
7.35 Pro Bono Panel
7.36 Referral to a barrister or solicitor
7.37 Kind of assistance
7.38 Provision of assistance by barrister or solicitor
7.39 Cessation of assistance
7.40 Application for leave
7.41 Costs
7.42 Disbursements
8.1 Venue at which proceedings to be heard
8.2 Change of venue generally
8.3 Part not to apply to orders for examination
9.1 Making of cross-claim
9.2 Existing parties need not enter separate appearance
9.3 Cross-claimant may rely on previous pleadings
9.4 Defence
9.5 Default of cross-defendant to cross-claim
9.6 Service on active parties
9.7 Service on new parties
9.8 Directions
9.9 Proceedings to continue together
9.10 Cross-claim may be separately prosecuted
9.11 Contribution or indemnity
Part 10 Service of documents generally
10.1 Service of filed documents
10.2 Service of affidavits
10.3 Service of originating process in Australia
10.4 Operation of Service and Execution of Process Act 1992 of the Commonwealth
10.5 The various methods of service
10.6 Service in accordance with agreement between parties
10.7 Notice given or served by court
10.8 Service of defence by court
10.9 Service of process on defendant operating under unregistered business name
10.10 Service of process on defendant operating under registered business name
10.11 Service of process on partner in limited partnership
10.12 Service of process on person under legal incapacity
10.13 Acceptance of service by solicitor
10.14 Substituted and informal service generally
10.15 Substituted and informal service of originating process in proceedings for possession of land
10.16 Service by filing
10.17 Service of injunctions
10.18 Service at address for service in other court or tribunal
10.19 Waiver of objection to service
10.20 Personal service required only in certain circumstances
10.21 How personal service effected generally
10.22 Personal service on corporation
10.23 Personal service on Crown Solicitor
10.24 Personal service on judicial officers
10.25 Personal service on inmate of correctional centre
10.26 Personal service on person who “keeps house”
10.27 Proof of identity
Division 4 Service under particular Acts
10.28 Service under the Confiscation of Proceeds of Crime Act 1989
10.29 Service under the Industrial Relations Act 1996
Part 11 Service of documents outside Australia and service of external process
11.1 Application of Part
11.2 Cases for service of originating process
11.3 Notice to the defendant served outside Australia
11.4 Leave for plaintiff to proceed where no appearance by defendant
11.5 Service of documents other than originating process
11.6 Mode of service
11.7 Setting aside originating process served outside Australia
11.8 Operation of Commonwealth laws and Hague Convention
Division 2 Service outside Australia in accordance with Attorney General’s arrangements
11.8A Application of Division
11.9 Definitions
11.10 Filing of requisite documents
11.11 Procedure on filing and lodgment
11.12 Recovery of unpaid expenses
Division 3 Service of external process
11.13 Application
11.14 Requisite documents
11.15 Service
11.16 Affidavit of service
11.17 Certificate
Part 11A Service under the Hague Convention
Note 1
Note 2
Note 3
11A.1 Definitions
11A.2 Provisions of this Part to prevail
Division 2 Service abroad of local judicial documents
11A.3 Application of Division
11A.4 Application for request for service abroad
11A.5 How application to be dealt with
11A.6 Procedure on receipt of certificate of service
11A.7 Payment of costs
11A.8 Evidence of service
Division 3 Default judgment following service abroad of initiating process
11A.9 Application of Division
11A.10 Restriction on power to enter default judgment if certificate of service filed
11A.11 Restriction on power to enter default judgment if certificate of service not filed
11A.12 Setting aside judgment in default of appearance
Division 4 Local service of foreign judicial documents
11A.13 Application of Division
11A.14 Certain documents to be referred back to the Attorney-General’s Department of the Commonwealth
11A.15 Service
11A.16 Affidavit as to service
Part 12 Discontinuance, withdrawal, dismissal and setting aside of originating process
Division 1 Discontinuance of claim
12.1 Discontinuance of proceedings
12.2 (Repealed)
12.3 Effect of discontinuance
12.4 Stay of further proceedings to secure costs of discontinued proceedings
Division 2 Withdrawal of appearance or pleading
12.5 Withdrawal of appearance
12.6 Withdrawal of matter in defence or subsequent pleading
Division 3 Dismissal of proceedings etc for lack of progress
12.7 Dismissal of proceedings etc for want of due despatch
12.8 Additional grounds for dismissal of proceedings by Supreme Court or Land and Environment Court
12.9 Additional grounds for dismissal of proceedings by District Court or Local Court
12.10 Stay of further proceedings to secure costs of proceedings dismissed
Division 4 Setting aside originating process
12.11 Setting aside originating process etc
13.1 Summary judgment
13.2 Stay of judgment pending determination of cross-claim
13.3 Continuation of proceedings following partial judgment
13.4 Frivolous and vexatious proceedings
13.5 Continuation of proceedings following partial dismissal
13.6 Non-appearance by plaintiff
14.1 Application
Division 2 Defence and further pleadings
14.2 Trial without further pleadings
14.3 Defence
14.4 Reply
14.5 Further pleadings
Division 3 Form of pleading generally
14.6 Pleadings to be divided into paragraphs
14.7 Pleadings to contain facts, not evidence
14.8 Pleadings to be brief
14.9 References in pleadings to documents and spoken words
14.10 Certain facts need not be pleaded
14.11 Conditions precedent presumed to have been met
14.12 Pleading of facts in short form in certain money claims
14.13 Pleading not to claim an amount for unliquidated damages
14.14 General rule as to matters to be pleaded specifically
14.15 Pleadings concerning possession of land
14.16 Defendant’s pleading of contributory negligence
14.17 New matter may be raised in pleading
14.18 Pleadings to be consistent as to allegations of fact
14.19 Pleadings may raise points of law
14.20 Pleading the general issue
14.21 Pleadings concerning claims under Property (Relationships) Act 1984
Division 4 Verification of pleadings
14.22 Pleadings in proceedings for defamation, malicious prosecution, false imprisonment, death and personal injury
14.23 Verification of certain pleadings
14.24 Court may order pleadings to be further verified
14.25 Defence of tender
14.26 Admission and traverse from pleadings
14.27 Joinder of issue
14.28 Circumstances in which court may strike out pleadings
14.29 Defence of extinction of right or title
Division 6 Pleadings concerning defamation
Note
14.30 Allegations in statements of claim generally
14.31 Defamation defences generally
14.32 Defence of justification generally
14.33 Defence of contextual truth
14.34 Defence of absolute privilege
14.35 Defences for publication of public and official documents
14.36 Defences of fair report of proceedings of public concern
14.37 Defence of qualified privilege
14.38 Defences of comment or honest opinion
14.39 Defence of innocent dissemination
14.40 Defence of triviality
15.1 Pleadings must give all necessary particulars
15.2 Use of “Scott Schedule” in building, technical and other cases
15.3 Allegations of behaviour in the nature of fraud
15.4 Allegations as to condition of mind
15.5 Allegations of negligence and breach of statutory duty in common law claims in tort
15.6 Claims for out of pocket expenses
15.7 Claims for exemplary damages
15.8 Claims for aggravated damages
15.9 Manner of giving particulars
15.10 Order for particulars
15.11 Particulars concerning claims under Property (Relationships) Act 1984
Division 2 Personal injury cases
15.12 Particulars required for proceedings generally
15.13 Particulars required for proceedings under Compensation to Relatives Act 1897
15.14 Statements, documents and reports to be complete
15.15 (Repealed)
15.16 Effect of failure to comply with Division
15.17 Division not to apply in certain circumstances
15.18 Interim payments
Note
15.19 Particulars in relation to statements of claim for defamation
15.20 Particulars in relation to statements of claim by corporations
15.21 Particulars of defamation defences generally
15.22 Particulars in relation to defence of justification
15.23 Particulars in relation to the defence of contextual truth
15.24 Particulars in relation to defence of absolute privilege
15.25 Particulars in relation to defences for publication of public and official documents
15.26 Particulars in relation to defences of fair report of proceedings of public concern
15.27 Particulars in relation to defence of qualified privilege
15.28 Particulars in relation to defences of comment and honest opinion
15.29 Particulars in relation to defence of innocent dissemination
15.30 Particulars in relation to defence of triviality
15.31 Particulars concerning grounds that defeat defamation defences
15.32 Particulars concerning damages
16.1 Application of Part
16.2 Definition of “in default”
16.3 Procedure where defendant in default
16.4 Default judgment on claim for possession of land
16.5 Default judgment on claim for detention of goods
16.6 Default judgment on debt or liquidated claim
16.7 Default judgment on claim for unliquidated damages
16.8 Default judgment on mixed claims
16.9 Judgment for costs alone after other claims satisfied
16.10 Judgment not limited by plaintiff’s claims for relief
17.1 Definitions
17.2 Voluntary admissions of fact
17.3 Notice to admit facts
17.4 Notice to admit documents
17.5 Admission of documents discovered
17.6 Restricted effect of admission
17.7 Judgment on admissions
18.1 Applications for court orders to be made by motion
18.2 Requirement for notice
18.3 Contents of notice of motion
18.4 Time for service of notice
18.5 Notice to be personally served on persons who have not entered appearance
18.6 Hearing of interlocutory applications
18.7 Motion may be dealt with in party’s absence
18.8 Further hearing
18.9 Directions as to conduct of proceedings on notice of motion
19.1 Amending a statement of claim
19.2 Amendments to add or remove parties
19.3 Duration of leave or consent
19.4 Disallowance of amendment
19.5 Mode of amendment generally
19.6 Court may give directions as to mode of amendment
Part 20 Resolution of proceedings without hearing
20.1 Application of Division
20.2 Directions
20.3 Statements as to proposed referral to mediation
20.4 Appointments by mediator
20.5 Completion of mediation
20.6 Mediation session procedure
20.7 Notifications after mediation
20.8 Proceedings that may not be referred to arbitration
20.9 Reference to arbitration under Part 5 of the Civil Procedure Act 2005
20.10 Medical reports
20.11 Award of arbitrator
20.12 Rehearing
Division 3 References to referees
20.13 Definitions
20.14 Orders of referral
20.15 Appointment of referees
20.16 Two or more referees
20.17 Inquiry and report
20.18 Remuneration of referee
20.19 Court rooms
20.20 Conduct of proceedings under the reference
20.21 Interlocutory directions
20.22 Setting aside or variation of reference
20.23 Report
20.24 Proceedings on the report
20.25 Definitions
20.26 Making of offer
20.27 Acceptance of offer
20.28 Withdrawal of acceptance
20.29 Failure to comply with accepted offer
20.30 Disclosure of offer to court or arbitrator
20.31 Compromises in certain Supreme Court proceedings
20.32 Offer to contribute
20.33(Repealed)
Division 6 Acknowledgment of liquidated claim
20.34 Defendant may file acknowledgment
Part 21 Discovery, inspection and notice to produce documents
Division 1 Discovery and inspection
21.1 Definitions
21.2 Order for discovery
21.3 List of documents to be prepared
21.4 Affidavit and certificate supporting list of documents
21.5 Documents to be made available
21.6 Subsequently found documents to be made available
21.7 Discovered documents not to be disclosed
21.8 Personal injury claims
Division 2 Notice to produce before hearing
21.9 Definitions
21.10 Notice to produce for inspection by parties
21.11 Production under notice to produce
21.12 Personal injury claims
21.13 Costs and expenses of compliance
22.1 Interrogatories
22.2 Objections to specific interrogatories
22.3 Answers to interrogatories
22.4 Insufficient answer
22.5 Default
22.6 Answers to interrogatories as evidence
Part 23 Medical examinations and inspection of property
Division 1 Medical examination
23.1 Application and definitions
23.2 Notice for medical examination
23.3 Expenses
23.4 Order for examination
23.5 Medical expert for person concerned
Division 2 Rehabilitation assessment
23.6 Application and definitions
23.7 Order for rehabilitation tests
Division 3 Inspection of property
23.8 Inspection of property
23.9 Default
Part 24 Taking evidence otherwise than at trial
24.1 Application of Part
24.2 Construction of certain references
24.3 Order for examination of witness
24.4 Judicial officer or court officer as examiner
24.5 Letter of request
24.6 Evidence otherwise than on oath
24.7 Documents for examiner
24.8 Appointment for examination
24.9 Conduct of examination
24.10 Examination of additional persons
24.11 Objection
24.12 Recording of evidence generally
24.13 Audio-visual recording of evidence
24.14 Authentication and filing
24.15 Special report
24.16 Default of witness
24.17 Order for payment of expenses
24.18 Perpetuation of testimony
24.19 Operation of directions under Evidence on Commission Act 1995
24.20 Witness expenses
25.1 Application
25.2 Order in urgent case before commencement of proceedings
25.3 Preservation of property
25.4 Disposal of personal property
25.5 Interim distribution
25.6 Interim income
25.7 Payment before ascertainment of all persons interested
25.8 Meaning of “usual undertaking as to damages”
25.9 Orders may be made at any stage of proceedings
Note
25.10 Interpretation
25.11 Freezing order
25.12 Ancillary order
25.13 Respondent need not be party to proceeding
25.14 Order against judgment debtor or prospective judgment debtor or third party
25.15 Jurisdiction
25.16 Service outside Australia of application for freezing order or ancillary order
25.17 Costs
Note
25.18 Interpretation
25.19 Search order
25.20 Requirements for grant of search order
25.21 Jurisdiction
25.22 Terms of search order
25.23 Independent solicitors
25.24 Costs
26.1 Application
26.2 Address for service
26.3 Security
26.4 Remuneration
26.5 Accounts
26.6 Default
26.7 Powers
26.8 Account on death
27.1 Power to order sale
27.2 Manner of sale
27.3 Certificate of sale
27.4 Mortgage, exchange or partition
Part 28 Separate decision of questions and consolidation
28.1 Definition
Division 2 Separation of questions
28.2 Order for decision
28.3 Record of decision
28.4 Disposal of proceedings
Division 3 Consolidation etc of proceedings
28.5 Consolidation etc of proceedings
29.1 Beginning and opposite parties
29.2 Applications, elections and requisitions for jury
29.3 Time and place of trial
29.4 Trial to deal with all questions and issues
29.5 Conduct of trials generally
29.6 Order of evidence and addresses
29.7 Procedure to be followed if party is absent
29.8 Dismissal of proceedings on plaintiff’s application
29.9 Dismissal of proceedings on defendant’s application
29.10 Judgment for want of evidence
29.11 Judgment despite verdict, finding or assessment
29.12 Death of party before judgment
29.13 Record of trial to be kept
29.14 Court may refuse to hear proceedings if fees unpaid
29.15 Statement in open court about settled defamation proceedings
29.16 Offers to make amends for defamatory publications: determination of questions
Part 30 Assessment of damages and value of goods
30.1 Damages under judgment
30.2 Value of goods under judgment
30.3 Damages to time of assessment
Division 1 Evidence at hearing
31.1 Manner of giving evidence at trial
31.2 Evidence of witnesses at other hearings
31.3 Evidence by telephone, video link or other communication
31.4 Court may direct party to furnish witness statement
31.5 Notice under s 67 or s 99 of the Evidence Act 1995
31.6 Evidence on commission
31.7 Foreign material
31.8 Earlier evidence in the same proceedings
31.9 Earlier evidence in other proceedings
31.10 Plans, photographs and models
31.11 Production of court documents
31.12 Proof of court documents
31.13 Unstamped documents: arrangements under section 304 of the Duties Act 1997
31.14 Unstamped documents: undertaking in respect of section 29 of the Stamp Duties Act 1920
31.15 Evidence of consent to act as tutor, trustee, receiver or other office
31.16 Evidence of published research concerning maintenance of children
31.16A Return of exhibits
Division 2 Provisions applicable to expert evidence generally
Note
31.17 Main purposes of Division
31.18 Definitions
Subdivision 2 Expert witnesses generally
31.19 Parties to seek directions before calling expert witnesses
31.20 Court may give directions regarding expert witnesses
31.21 Expert evidence in chief to be given by way of experts’ reports
31.22 Expert witness to provide details of contingency fees or deferred payment schemes
31.23 Code of conduct
31.24 Conference between expert witnesses
31.25 Instructions to expert witnesses where conference ordered before report furnished
31.26 Joint report arising from conference between expert witnesses
Subdivision 3 Experts’ reports and expert evidence
31.27 Experts’ reports
31.28 Disclosure of experts’ reports and hospital reports
31.29 Admissibility of expert’s report
31.30 Admissibility of expert’s report in District Court and Local Court
31.31 Fees for medical expert for compliance with subpoena
31.32 Service of subpoena on medical expert
31.33 Subpoena requiring production of medical records
31.34 Supplementary reports by expert witness
31.35 Opinion evidence by expert witnesses
31.36 Service of experts’ reports in professional negligence claims
Subdivision 4 Parties’ single experts
31.37 Selection and engagement
31.38 Instructions to parties’ single expert
31.39 Parties’ single expert may apply to court for directions
31.40 Parties’ single expert’s report to be sent to parties
31.41 Parties may seek clarification of report
31.42 Tender of reports and of answers to questions
31.43 Cross-examination of parties’ single expert
31.44 Prohibition of other expert evidence
31.45 Remuneration of parties’ single expert
Subdivision 5 Court-appointed experts
31.46 Selection and appointment
31.47 Instructions to court-appointed expert
31.48 Court-appointed expert may apply to court for directions
31.49 Court-appointed expert’s report to be sent to registrar
31.50 Parties may seek clarification of court-appointed expert’s report
31.51 Cross-examination of court-appointed expert
31.52 Prohibition of other expert evidence
31.53 Remuneration of court-appointed expert
31.54 Assistance to court by other persons
Part 32 Evidence and Procedure (New Zealand) Act 1994 (Commonwealth)
32.1 Definitions
32.2 Leave to serve subpoena
32.3 Production of document or thing under subpoena
32.4 Failure to comply with subpoena issued by the Supreme Court
32.5 Setting aside subpoena
32.6 Evidence by video-link or telephone
32.7 Fax copies
Note
33.1 Definitions
33.2 Issuing of subpoena
33.3 Form of subpoena
33.4 Setting aside or other relief
33.5 Service
33.6 Compliance with subpoena
33.7 Production otherwise than on attendance
33.8 Removal, return, inspection, copying and disposal of documents and things
33.9 Inspection of, and dealing with, documents and things produced otherwise than on attendance
33.10 Disposal of documents and things produced
33.11 Costs and expenses of compliance
33.12 Failure to comply with subpoena—contempt of court
33.13 Documents and things in the custody of a court
Part 34 Notices to produce at hearing
34.1 Notice to produce to court
34.2 Production under notice to produce to court
34.3 Costs and expenses of compliance
35.1 Irregularity does not invalidate affidavit
35.2 Cross-examination of deponent
35.3 Persons who may make affidavit
35.3A Heading to affidavit
35.4 Format of affidavit dealing with more than one matter
35.5 Alterations
35.6 Annexures and exhibits
35.7 Affidavits by persons who cannot read
35.7A Name of legal practitioner or commissioner for affidavits on affidavit
35.7B Each page of affidavit to be signed
35.8 Affidavit of service not to annex copies of filed documents
35.9 Filing of affidavits
36.1 General relief
36.1A Consent orders
36.2 Written reasons for judgment
36.3 Reserved decision
36.4 Date of effect of judgments and orders
36.5 Time for compliance with judgments and orders
36.6 Judicial notice to be taken of orders and undertakings
36.7 Payment of interest
36.8 Possession of land
36.9 Arrest warrants
36.10 Filing of cost assessors’ certificates
Division 2 Entry of judgments and orders
36.11 Entry of judgments and orders
36.12 Registrar to furnish copies of judgments and other documents
36.13 Registrar to furnish copies of external judgments
36.14 Service of judgment or order not required
Division 4 Setting aside and variation of judgments
36.15 General power to set aside judgment or order
36.16 Further power to set aside or vary judgment or order
36.17 Correction of judgment or order (“slip rule”)
36.18 Variation of judgment or order against party operating under unregistered business name
Part 37 Time to pay and payment by instalments
37.1 Instalments under Fines Act 1996
37.1A Instalment order made pursuant to agreement between judgment creditor and judgment debtor
37.2 Application for instalment order by judgment debtor
37.3 Instalment order made by registrar
37.4 Instalment order made by court
37.4A Payment of instalments under instalment order
37.5 Stay of execution pending determination of application for instalment order
37.6 Variation or rescission of instalment order on proof of improvement in judgment debtor’s financial circumstances
37.7 Effect of instalment order on judgment debt
Part 38 Examination of judgment debtor etc
38.1 Examination notice
38.2 Application for order for examination
38.3 Orders for examination
38.4 Venue of examination
38.5 Examination under an order for examination under rule 38.3
38.6 Arrest warrant where person fails to comply with order for examination under rule 38.3
38.7 Application of Part to persons that are corporations
Part 39 Enforcement of judgments
Division 1 Enforcement of writs of execution generally
39.1 Circumstances in which issue of writ requires leave
39.2 Application for writ of execution
39.3 Affidavit in support of application for writ of execution
39.3A Sheriff to be informed of persons in occupation of land
39.4 Order in which writs for the levy of property to be dealt with
39.5 Property to be sold promptly
39.6 Order in which property to be sold
39.7 Sale to be by public auction
39.8 Auctioneer
39.9 Sale to be arranged so as to obtain highest prices
39.10 Approximate market value
39.11 Postponement
39.12 Suspension of execution by judgment creditor
39.13 Sale by private treaty
39.14 Conditions of sale
39.15 How proceeds of enforcement to be applied
39.16 Account
39.17 Sheriff may require security for costs of execution
39.18 Sheriff to serve copy of writ when executing or attempting to execute writ
39.19 When writ may not be executed
39.20 Expiry and renewal of writ of execution
Division 2 Enforcement of writs against land
39.21 Judgment creditor’s notice to judgment debtor
39.22 Judgment creditor’s application for sale
39.23 Sale to be publicly advertised
39.24 Proof of service and publication
39.25 Satisfaction by judgment debtor
39.26 Documents giving effect to sale
39.27 Sheriff or auctioneer to report
39.28 Payment to judgment debtor
Division 3 Enforcement of writs against goods etc
39.29 Removal of goods
39.30 Time of sale
39.31 Sale to be publicly advertised
39.32 Sheriff or auctioneer to report
39.33 Possession fees
39.34 Application for garnishee order
39.35 Affidavit in support of application for garnishee order
39.36 Form of garnishee order for debts
39.37 Form of garnishee order for wage or salary
39.38 Court may refuse to make garnishee order
39.39 When garnishee order takes effect
39.40 Affidavit that no debt due or accruing
39.41 Lien or claim of third person
39.42 Amounts garnishee may retain
39.43 Notice required for certain attached debts yet to accrue
39.44 Application for charging order
39.45 Affidavit in support of application for charging order
39.46 Value below which Sheriff may not seize tools of trade
39.47 Costs of prior execution not enforceable without costs assessor’s certificate
39.48 Charge on partnership interest
39.49 Enforcement by or against non-party
39.50 Non-performance of condition
39.51 Return of writ
39.52 Orders authorising entry to premises by Sheriff
Division 1 Provisions applicable to the Supreme Court only
40.1 Application of Division
40.2 Payment of money
40.3 Leave for issue: sequestration
40.4 Security for future conduct
Division 2 Provisions applicable to the Supreme Court, Land and Environment Court and District Court
40.5 Application of Division
40.6 Doing or abstaining from doing an act
40.7 Service of copy of judgment before committal or sequestration
40.8 Substituted performance
41.1 Definitions
41.2 Deposit of funds
41.3 Withdrawal of deposited funds
41.4 Registrar to keep accounts
41.5 Investment
41.6 Interest not payable on certain funds in court
41.7 Payment to the NSW Trustee and Guardian
41.8 Interest on funds in court to abide the decision in proceedings
41.9 Non-attendance of parties following notice by court
41.10 Unclaimed funds
41.11 Authority of recipient
41.12 Death of payee
41.13 Payment to partners
41.14 Payment to executors or administrators
41.15 Discharge of registrar
41.16 Stop orders
Division 1 Entitlement to costs
42.1 General rule that costs follow the event
42.2 General rule as to assessment of costs
42.3 (Repealed)
42.4 Power to order maximum costs
42.5 Indemnity costs
42.6 Amendment of pleading etc without leave
42.7 Interlocutory applications and reserved costs
42.8 Dispute of fact subsequently proved or admitted
42.9 Dispute of authenticity of document subsequently proved or admitted
42.10 Disobedience to rule, judgment, order or direction
42.11 Injunction
Division 2 Arbitration rehearings under Division 3 of Part 5 of Civil Procedure Act 2005
42.12 Rehearings under Division 3 of Part 5 of Civil Procedure Act 2005
Division 3 Offers of compromise
42.13 Application
42.13A Where offer accepted
42.14 Where offer not accepted and judgment no less favourable to plaintiff
42.15 Where offer not accepted and judgment as or less favourable to plaintiff
42.15A Where offer not accepted and judgment as or more favourable to defendant
42.16 Costs with respect to interest
42.17 Miscellaneous
Division 4 Offers to contribute
42.18 Offer to contribute
Division 5 Proceedings discontinued or dismissed
42.19 Proceedings discontinued
42.20 Dismissal of proceedings etc
42.21 Security for costs
42.22 Money paid into court
42.23 Costs in account
42.24 Costs of solicitor appointed as tutor
42.25 Costs of trustee or mortgagee
42.26 Order confirming rule as to payment of costs
42.27 Attendance
42.28 Orders as to costs in relation to instalment order
42.29 Patents, trade marks and designs
42.30 Property (Relationships) Act 1984
42.31 Recovery of assessed costs in Supreme Court
42.32 Smyth orders
42.33 Certain costs orders not to be made unless parties have attempted to agree on amount
42.34 Costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court
42.35 Costs order not to be made in proceedings in District Court unless Court satisfied proceedings in appropriate court
Part 43 Interpleader proceedings
43.1 Definitions
Division 2 Stakeholder’s interpleader
43.2 Court may grant interpleader on application by stakeholder
Division 3 Sheriff’s interpleader
43.3 Notice of claim by claimant
43.4 Sheriff may apply for claimant’s proceedings to be restrained or stayed
43.5 Admission of claim
43.6 Interpleader motion
43.7 Powers generally
43.8 Default by claimant
43.9 Neutrality of applicant
43.10 Order in multiple proceedings
43.11 Trial of questions arising in proceedings for interpleader
Part 44 Transfer of proceedings
44.1(Repealed)
44.2 Definitions
44.3 Mode of application
44.4 Attorney-General
44.5 Application relating to transfer
44.6 Application of other laws or rules
Division 3 Transfers under other legislation
44.7 Proceedings after transfer etc to the Court
44.8 Directions and service of order
Division 1 Supreme Court specialist lists
45.1 Entry as indicated by originating process
45.2 Entry and removal of proceedings pursuant to order of Supreme Court
45.3 The Administrative Law List
45.4 The Possession List
45.5 The Professional Negligence List
45.6 The Commercial List
45.7 The Technology and Construction List
45.7A The Revenue List
45.8 Proceedings under particular Acts and instruments
Division 2 District Court specialist lists
45.9 Specialist lists
45.10 Entry as indicated by originating process
45.11 The Construction List
45.12 The Commercial List
45.13 The Professional Negligence List
45.13A The Property Relationships List
45.14 Proceedings under particular Acts and instruments
Part 46 Accounts and inquiries
46.1 Application of Part
46.2 Account: summary order
46.3 Account or inquiry at any stage
46.4 Account: directions
46.5 Account: form and verification
46.6 Account: filing and service
46.7 Account: notice of charge or error
46.8 Account: allowances
46.9 Delay
Division 2 Equity Division of the Supreme Court: General
46.10 Application
46.11 Motion to proceed
46.12 Notice of judgment
46.13 Directions
46.14 Representation of parties
46.15 Costs of attendance
46.16 Settlement of instrument
46.17 Interest on debts
46.18 Interest on legacies
Division 3 Equity Division of the Supreme Court: administration accounts and inquiries etc
46.19 Application
46.20 Advertisements
46.21 Particulars of claim
46.22 Notice of judgment
46.23 Examination of claims
46.24 Account: list of claims
46.25 Inquiry: list of claims
46.26 Verification of list
46.27 Adjudication
46.28 Notice to prove claim
Part 47 Matters arising under the Commercial Arbitration Act 2010
47.1 Definitions
47.2 Preliminary point of law
47.3 Time for applications and appeals
47.4 Subpoena
47.5 Court assistance in taking evidence
47.6 Application to enforce award
47.7 Leave to appeal
47.8 Method of entry into the Commercial Arbitration List
47.9 (Repealed)
Division 2 Offer of compromise
47.10 Application of Division
47.11 Interim awards
47.12 Mode of making offer
47.13 Application
47.14 Time for making or accepting offer
47.15 Time for payment
47.16 Withdrawal of acceptance
47.17 Offer without prejudice
47.18 Disclosure of offer to arbitrator
47.19 Failure to comply with accepted offer
47.20 Costs where offer not accepted
Part 48 Matters arising under Commonwealth intellectual property legislation
Division 1 Intellectual property cases generally
48.1 Application
48.2 Definitions
48.3 Expressions in this Part
48.4 Mode of commencement
48.5 Applications: service and date of hearing
48.6 Mode of giving notice to Commissioner
48.7 Appearance of Commissioner
48.8 Commissioner: notice of objection
48.9 Statement of facts
Division 2 The Patents Act 1990 of the Commonwealth
48.10 Amendment of patent etc: section 105
48.11 Infringement proceedings: section 120 (1)
48.12 Non-infringement declarations: section 125 (1)
48.13 Relief from unjustified threat: section 128 (1)
48.14 Compulsory licences, revocation etc
48.15 Particulars of invalidity
48.16 Experiments
Division 3 The Trade Marks Act 1995 of the Commonwealth
48.17 Particulars of infringements
48.18 Counter-claim to proceedings for infringement
48.19 Judgment in absence of defendant
48.20 Evidences for purposes of regulation 8.2 of the Trade Marks Regulations 1995
Division 4 The Designs Act 2003 of the Commonwealth
48.21 Particulars of infringements
48.22 Particulars of invalidity
48.23 Application for compulsory licence: section 90
Division 5 The Circuit Layouts Act 1989 of the Commonwealth
48.24 Applications concerning infringement of EL rights
Part 49 Reference and removal of proceedings, and appeals and reviews, within the court
Division 1 Matters before Supreme Court constituted by associate Judge
49.1 Construction of certain references
49.2 Reference and removal of proceedings
49.3 Disposal of proceedings referred or removed
49.4 Right of appeal
Division 2 Matters before a judicial registrar of the District Court
49.5 Reference of matter to the District Court
49.6 Court may order removal of proceedings from judicial registrar
49.7 Court may dispose of matter referred by or removed from judicial registrar
Division 3 Procedures for appeals to court from decisions of associate Judge
49.7A Construction of certain references
49.8 Institution of appeal
49.9 Contents of notice of motion for appeal
49.10 Stay and reinstatement
49.11 Cross-appeal
49.12 Evidence
49.13 Notice of contention
Division 4 Review of decisions of registrar (other than judicial registrar)
49.14 Application of Division
49.15 Mandatory order to registrar
49.16 Reference of proceedings
49.17 Removal of proceedings
49.18 Disposal of proceedings referred or removed
49.19 Review of registrar’s directions, certificates, orders, decisions and other acts
49.20 Applications generally
49.21–49.24 (Repealed)
50.1 Application
50.2 Definitions
50.3 Time for appeal
50.4 Statement of ground
50.5 Parties
50.6 Filing with court below
50.7 Stay
50.8 Security for costs
50.9 Date of hearing of appeal
50.10 Cross-appeal
50.11 Notice of contention
Division 4 Applications for leave to appeal and cross-appeal
50.12 Leave to appeal
50.13 Leave to cross-appeal
50.14 Reasons for decision, transcript and other parts of the record of the court below
50.15 Directions for service
50.16 Conduct of appeal
50.17 Definitions
50.18 Defendants in appeal
50.19 Children’s Court record
50.20 Notice of fresh evidence
Division 7 Appeals to District Court under section 39 of Victims Support and Rehabilitation Act 1996
50.21 Definitions
50.22 Venue
50.23 Application for leave
50.24 Tribunal record
50.25 Appeal
51.1 Application of Part
51.2 Interpretation
51.3 Application of rules to notices of cross-appeal
Division 2 Parties and appearances
51.4 Parties
51.5 No step without notice of appearance
Division 3 Notices of intention to appeal
51.6 Notices of intention to appeal
51.7 Notices of intention to appeal cannot be filed in certain cases
51.8 Filing and service of a notice of intention to appeal
51.9 Effect of service of notice of intention to appeal
51.9A Service of notice of intention to appeal by prospective respondent
Division 4 Applications for leave to appeal or cross-appeal
Subdivision 1 Making applications for leave
51.10 Filing and service of summons seeking leave to appeal
51.11 Filing and service of cross-summons seeking leave to cross-appeal
Subdivision 2 Supporting documentation
51.12 Party to file and serve White Folder with summons seeking leave
51.13 Opposing party to file a response
Subdivision 3 Powers on applications for leave
51.14 Concurrent hearings in relation to leave applications
51.15 Court may determine application for leave without attendance
Division 5 Appeals and cross-appeals
Subdivision 1 Institution of appeals and cross-appeals
51.16 Time for filing and service of notice of appeal
51.17 Filing and service of notice of cross-appeal
Subdivision 2 Notices of appeal and cross-appeal
51.18 Contents of notice of appeal
51.19 How claims for reinstatement or restitution to be made in appeal or cross-appeal
51.20 Notice of appeal to specify return day
51.21 Alteration of return day in notice of appeal
51.22 Absence of restrictions on appeals as of right to be shown by affidavit
51.23 Amendment of notice of appeal
Subdivision 3 Appeal Books and other supporting documentation
51.24 Registrar to collect certain papers when notice of appeal filed
51.25 Preparation of Appeal Book
51.26 Division of Appeal Book
51.27 Contents of Red Book
51.28 Contents of Black Book
51.29 Contents of Blue Book
51.30 Contents of Orange Book
51.31 Disputes as to contents of Appeal Book
51.32 Filing, lodgment and service of sections of Appeal Book
51.33 Overriding obligation to file Orange Book
Subdivision 4 Written submissions and chronologies
51.34 Filing written submissions and chronologies
51.35 Appellant’s chronology
51.36 Content of written submissions
51.37 Time for filing of written submissions and chronologies
51.38 Service of written submissions and chronologies
Subdivision 5 Use of material from leave applications
51.39 Court may order use of White Folder instead of preparation of Appeal Book and submissions
Subdivision 6 Notices of contention and objections to competency
51.40 Notices of contention
51.41 Objections to competency of appeal
Division 6 Effect of applications for leave and appeals on court below
51.42 Copies of notices of intention to appeal, leave applications and summonses to be filed or lodged with court below
51.43 Court below to retain exhibits if its decision is appealable
51.44 Appeal proceedings do not operate as stay unless Court or court below directs
Division 7 Proceedings other than appeal proceedings
51.45 Summons and written submissions to be filed
Subdivision 1 Offers of compromise
51.46 Interpretation
51.47 Making of offers of compromise
51.48 Application of Division 3 of Part 42 to offers of compromise made in proceedings in Court
51.49 Relevance of offers of compromise made in proceedings in court below
51.50 Security for costs
51.51 Additional evidence
51.52 Powers of Court on appeal not limited by certain procedural matters
51.53 Circumstances in which Court may order new trial
51.54 Reinstatement and restitution
51.55 Short reasons for decision
51.56 Discontinuance of proceedings in Court
51.57 Hearing in fixed vacation
51.58 Review of order of Judge of Appeal
51.59 Review of decisions of Registrar
51.60 Application for expedited hearing
51.61 Affidavits in support of orders sought by notice of motion
Part 52 Taking evidence for foreign and Australian courts and tribunals
52.1 Procedure
52.2 Application of other rules regarding the taking of evidence
52.3 Attendance of applicant
52.4 Transcript of evidence and exhibits
52.5 Certificate
52.6 Privilege of witness
Part 53 Matters arising under the Foreign Judgments Act 1991 of the Commonwealth
53.1 Definitions
53.2 Commencement of proceedings
53.3 Evidence
53.4 Security for costs
53.5 Order for registration
53.6 Notice of registration
53.7 Setting aside registration
53.8 Enforcement
Part 54 Administration of estates and execution of trusts
54.1 Definitions
54.2 Application of Part
54.3 Relief without general administration
54.4 Claim under judgment
54.5 Relief that may be granted
54.6 Supreme Court not required to order general administration
54.7 Supreme Court may order general administration in certain circumstances
54.8 Conduct of sale
Part 55 Matters arising under the Trustee Act 1925
55.1 Statement
55.2 Order
55.3 Application by beneficiary
55.4 Appeal
55.5 Application
55.6 Evidence generally
55.7 Fitness of new trustee
55.8 Application
55.9 Proceedings for directions as to payment into court
55.10 Affidavit in support of summons
55.11 Proceedings for directions as to payment out of court
55.12 Inquiries
55.13 (Repealed)
Division 4 Distribution of assets
55.14 Notice of intended distribution
Part 56 Matters arising under the Adoption Act 2000
56.1 Interpretation
56.2 Commencement of proceedings
56.3 Duty to make full and frank disclosure
56.4 How application for adoption order is to be dealt with
56.5 Preliminary hearing
56.6 Applications appropriate for preliminary hearing
56.7 Filing of report in accordance with section 91 of the Adoption Act 2000
56.8 Evidence in support of application for adoption order
56.9 Judicial notice of instrument of consent
56.10 Notice to be given to Director-General
56.11 Proper officer of the Court
56.12 Access to Court records
Part 56A Matters arising under the Surrogacy Act 2010
56A.1 Interpretation
56A.2 Commencement of proceedings
56A.3 Duty to make full and frank disclosure
56A.4 How application for parentage order is to be dealt with
56A.5 Preliminary hearing
56A.6 Applications appropriate for preliminary hearing
56A.7 Filing of report in accordance with section 17 of the Surrogacy Act 2010
56A.8 Evidence in support of application for parentage order
56A.9 Affidavit of Australian legal practitioner
56A.10 Access to Court records
Part 57 Matters arising under the NSW Trustee and Guardian Act 2009 or Guardianship Act 1987
57.1 Interpretation
57.2 Commencement of proceedings
Division 2 Applications under the NSW Trustee and Guardian Act 2009
57.3 Parties to application under section 41 or 54
57.4 Business concerning application under section 41 in the absence of parties
57.5 Evidence in support of application under section 41 or 54
57.6 Appointment of managers under section 52
57.7 “Usual orders” under sections 41 and 54
57.8 Evidence in support of application under section 86
57.9 Mode of making application under section 87
57.10 (Repealed)
57.11 Setting aside or varying order
57.12 Review under section 6L of the Guardianship Act 1987
Part 58 Representative proceedings
58.1 Introduction
58.2 Opt out notice
Schedule 1 Application of rules
Schedule 2 Local rules that prevail over these rules
Schedule 3 Fees and other prescribed amounts
Schedule 4 Documents to be filed by means of ECM system
Schedule 6 Proceedings in respect of which originating process may be served outside Australia
Schedule 7 Expert witness code of conduct
Schedule 8 Assignment of business in the Supreme Court
Schedule 9 Assignment of business in the District Court
Schedule 10 Provisions regarding procedure under particular legislation
Schedule 11 Provisions regarding procedure in certain lists in the District Court