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 Powers of the judicial registrar
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
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
4.3 Paper and writing
4.4 Signing documents
4.5 Address for service
4.6 Changing address for service
4.7 Numbers
4.8 Separate documents for separate process
4.9 Delegation by Protective Commissioner
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
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
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
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
6.13 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
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 Representation of concurrent interests
7.5 Judgments and orders in proceedings bind represented persons
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
Note
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
Part 11 Service of documents outside Australia
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
Division 2 Service outside Australia in accordance with Attorney General’s arrangements
11.9 Definitions
11.10 Filing of requisite documents
11.11 Procedure on filing and lodgment
11.12 Recovery of unpaid expenses
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
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
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 Provision of schedule of documents and reports
15.16 Effect of failure to comply with Division
15.17 Division not to apply in certain circumstances
15.18 Interim payments
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 Amendment of 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 Notification of conclusion of 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
Division 5 Judgment by agreement
20.33 Judgment by agreement
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
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
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 Requisition 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
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
Division 2 Experts called by parties
31.17 Definitions
31.18 Disclosure of experts’ reports and hospital reports
31.18A Admissibility of expert’s report
31.19 Admissibility of expert’s report in District Court and Local Courts
31.20 Fees for medical expert for compliance with subpoena
31.21 Service of subpoena on medical expert
31.22 Subpoena requiring production of medical records
31.23 Expert witnesses to agree to be bound by code
31.24 Supplementary reports by expert witness
31.25 Conference between expert witnesses
31.26 Opinion evidence by expert witnesses
31.27 Service of experts’ reports in professional negligence claims
Division 3 Experts appointed by the court
31.28 Definitions
31.29 Selection and appointment
31.30 Code of conduct
31.31 Expert’s report to be sent to registrar
31.32 Cross-examination of expert
31.33 Prohibition of other expert evidence
31.34 Remuneration of expert
31.35 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
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 Production on notice
34.2 Production under notice to produce at trial
35.1 Irregularity does not invalidate affidavit
35.2 Cross-examination of deponent
35.3 Persons who may make 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 document served
35.9 Filing of affidavits
36.1 General relief
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 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
37.5 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
38.6 Section 97 arrest warrants
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
39.4 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
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 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
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 Public Trustee
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 Powers of the court generally
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
42.16 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
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
Division 1 Transfers under Part 9 of the Civil Procedure Act 2005
44.1 Transfer of proceedings between Local Courts
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
Part 45 Reviews and appeals within the court
Division 1 Matters before Supreme Court constituted by associate Judge
45.1 Construction of certain references
45.2 Reference and removal of proceedings
45.3 Disposal of proceedings referred or removed
45.4 Right of appeal
Division 2 Matters before a judicial registrar of the District Court
45.5 Reference of matter to the District Court
45.6 Court may order removal of proceedings from judicial registrar
45.7 Court may dispose of matter referred by or removed from judicial registrar
Division 3 Procedures for appeals to court from decisions of associate Judge or judicial registrar
45.7A Construction of certain references
45.8 Institution of appeal
45.9 Contents of notice of motion for appeal
45.10 Stay and reinstatement
45.11 Cross-appeal
45.12 Evidence
45.13 Notice of contention
Division 4 Review of decisions of registrar (other than judicial registrar)
45.14 Application of Division
45.15 Mandatory order to registrar
45.16 Reference of proceedings
45.17 Removal of proceedings
45.18 Disposal of proceedings referred or removed
45.19 Review of registrar’s directions, orders and acts
45.20 Applications generally
45.21 Contents of notice of motion for appeal
45.22 Stay and reinstatement
45.23 Evidence
45.24 Notice of contention
46.1 Application
46.2 Definitions
46.3 Time for appeal
46.4 Statement of ground
46.5 Parties
46.6 Filing with court below
46.7 Stay
46.8 Security for costs
46.9 Date of hearing of appeal
46.10 Cross-appeal
46.11 Notice of contention
Division 4 Applications for leave to appeal and cross-appeal
46.12 Leave to appeal
46.13 Leave to cross-appeal
46.14 Reasons for decision, transcript and other parts of the record of the court below
46.15 Directions for service
46.16 Conduct of appeal
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