- Supreme Court Rules 1970
- Status information
- Part 1 Preliminary
- Part 1A Sittings and vacations
- Parts 1B–11
- Part 12 Distribution of business
- Part 13 Recording and broadcast of judgments remarks
- Parts 14–51A
- 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- 4 (Repealed)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
- Parts 56–59A
- Part 60 Associate Judges
- Part 61 Registrars and chief clerk
- Parts 62–65
- Part 65A Legal profession
- Part 65B
- Part 65C Admission as legal practitioner
- Parts 66–68
- Part 69 Infants’ Custody and Settlements Act rules
- Parts 70, 71
- Part 71A Service and Execution of Process Act 1992 (Commonwealth)
- Parts 72–73
- Part 74 Transfers of proceedings; cross-vesting laws
- 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- 3E–3G (Repealed)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
- 3M Entry of judgments and orders
- 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- 5A (Repealed)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- 12 (Repealed)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
- Division 2 Commencement of proceedings
- 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
- Division 5 Proceedings affecting other persons’ interests
- 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
- Division 8 Proceedings for administration during minority
- Division 9 Notices
- Division 10 Caveats
- 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
- Division 13 Functions of registrar
- Part 79 Court of Disputed Returns
- Division 1 General
- 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
- Part 80 Companies (New South Wales) Code and Corporations Law
- Division 1 Preliminary
- Division 2 Proceedings under the Code generally
- Division 2A Part II of the Code
- 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)
- Division 6 Meetings ordered by the Court
- Part 80A Corporations Law and ASC Law
- Division 1 Preliminary
- Division 2 Proceedings generally
- Division 3 Advertisement
- Division 4 Notice to ASIC
- Divisions 5, 6
- Division 6A Remuneration of receiver, administrator and special manager
- 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
- Division 9 Winding up of bodies other than companies
- Part 81
- Part 82 Public Notaries Act 1997
- Part 83
- Part 84 Crimes (Administration of Sentences) Act 1999
- 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
Supreme Court Rules 1970
Current
version
for 8 December 2017
to date
(accessed 16 December 2019 at 11:06)
15 Oppression or injustice (s 320 (2))
Rules 18, 19, 20, 21 and 22 apply to an application for an order under section 320 (2) of the Code as they apply to an application for an order under section 364 (1) of the Code and as if for the reference in rule 18 (3) (e) to a paragraph of section 364 (1) of the Code there were a reference to a subparagraph of section 320 (1) (a) of the Code.