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New South Wales

Supreme Court Rules 1970under the

Supreme Court Act 1970

Status informationCurrency of versionHistorical version for 1 July 2010 to 8 September 2011 (generated 9 September 2011 at 16:46). Legislation on the NSW legislation website is usually updated within 3 working days.

Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’sOffice and published on the NSW legislation website.

Supreme Court Rules 1970

Historical version for 1.7.2010 to 8.9.2011 (generated on 9.09.2011 at 16:46)

New South Wales


Contents
Page
Part 1 Preliminary1 Name of Rules 182 Commencement 18

3–7 (Repealed) 188 Interpretation 189 Seals 21

9A, 9B (Repealed) 229C Filing prescribed bail forms by fax 22

10, 10A (Repealed) 2211 Forms 22

11A, 12 (Repealed) 2213 Procedure wanting or in doubt 2214 (Repealed) 23

Part 1A Sittings and vacations1 Sittings 242 Vacations 243 (Repealed) 24

Parts 1B–11 (Repealed)

Part 12 Distribution of business1 (Repealed) 25

1A Procedure under particular Acts 252–7 (Repealed) 25


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Parts 13–51A (Repealed)

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

1 Application 262 Assignment of business 263 Definitions 264 (Repealed) 265 Leave to appeal or cross-appeal 266 Time for appeal 287 Institution of appeal 288 Statement of ground 289 Transcript and reasons for decision 29

10 Parties 2911 Service 2912 Directions for service 2913 Filing with tribunal below 3014 Security for costs 3015 Date of hearing of appeal 3016 Amendment 3017 Cross-appeal 3118 Notice of contention 31

Parts 52–54 (Repealed)

Part 55 ContemptDivision 1 Preliminary

1 Interpretation 32

Division 2 Contempt in the face or hearing of the Court2 Arrest 323 Charge, defence and determination 324 Interim custody 32

Division 3 Motion or proceedings for punishment5 Application 336 Procedure generally 337 Statement of charge 338 Evidence 339 Service 33

10 Arrest 33


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11 Motion or proceedings by the registrar 34

Division 4 General12 Warrant 3513 Punishment 3514 Discharge 3515 (Repealed) 35


Part 60 Associate JudgesDivision 1 General

1 Interpretation 361A Powers 36

2 Distribution of business 373 Judgment or order 374 Certificate 37

Divisions 2, 3 5–16 (Repealed) 37

Division 4 Appeal to the Court of Appeal17 Cases for appeal 38

Part 61 Registrars and chief clerkDivision 1 Registrars1–4 (Repealed) 394A Practice in registries outside Sydney 39

Division 2 5 (Repealed) 39


Part 65A Legal profession1 (Repealed) 402 Assignment of business 403 Removal or suspension elsewhere 404 (Repealed) 405 Appeal: practising certificate 406 Furnishing information 41


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7 Removal from Roll pursuant to s 48Z (5) of the Legal Profession Act 1987 41

Part 65B 1 (Repealed) 41

Part 65C Admission as legal practitionerDivision 1 Application for admission

1 Application by person approved by a Board 422 Admission, other than of interstate applicant 423 Interstate applicant, other than under the Mutual Recognition Act

424 Application under the Mutual Recognition Act or the

Trans-Tasman Mutual Recognition Act 435 Administering oaths for other courts 45

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

6 Commencement of proceedings 457 Application of rules 458 Rights of professional bodies 469 Directions 46

10 Evidence 46


Part 69 Infants’ Custody and Settlements Act rules1 Custody etc 472 Assignment of business 47

Parts 70, 71 (Repealed)

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

1 Interpretation 482 Commencement of proceedings 483 Title and parties 484 Where service not required 495 Where attendance not required 496 Enforcement proceedings 497 Costs and expenses of registration etc 498 Facsimile number and e-mail address 50


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Part 74 Transfers of proceedings; cross-vesting lawsDivisions 1, 2 1–3 (Repealed) 51

Division 3 Cross-vesting laws4 Definitions 515 Mode of application 516 Addition above title 517 Attorney-General 518 Application relating to transfer 529 Application of other laws or rules 52

Part 75 Criminal proceedingsDivision 1 General

1 Application 531A Criminal Appeal Rules 53

2 Rules applicable 533 Rules applicable 53

3AA Forms approved by Uniform Rules Committee not to be used543A Children (Criminal Proceedings) Act 1987 543B Registrar may exercise certain powers and functions 553C Evidence taken outside the State 553D Form of indictment 553E Bail application 563F Acceptable person information 56

3FA Objection to confirmation of forfeiture order 563FB Application to set aside forfeiture order 563G (Repealed) 563H Election under s132 of Criminal Procedure Act 1986 56

3HA Criminal proceedings 573I Return of exhibits 573J Expert witnesses 573K Conference between experts 583L Recording of evidence 59

Division 2 Summary jurisdiction4 Application 595 Interpretation 59

5A (Repealed) 60


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6 Rules applicable 607 Commencement of proceedings 608 Copies of order 609 Service 60

10 Evidence of service 6010A Privilege 60

11 Pre-trial procedures 6111A Procedure where defendant does not appear 6211B Defendant to plead 62

12 (Repealed) 6313 Termination of proceedings in a court of petty sessions 6314 Arrest warrants 63


Part 78 ProbateDivision 1 Preliminary

1 Interpretation 652 Transition 653 Title 664 (Repealed) 66

4A District agents 664B Public Trustee Act 1913: “prescribed registry” 674C Appointments for hearing for proceedings commenced by

summons with no return day 674D Bills for moderation 67

Division 2 Registrar5 Powers of the registrar 676 Review of registrar’s decision 70

Division 3 Non-contentious proceedings for grant or resealing

7 Application of Division 708 Commencement of proceedings 709 Hearing 70

10 Publication of notice of intended application 7111 Delay 7112 Domicile out of New South Wales 7213 Identity 7214 Renunciation 7215 Will not sufficiently attested 72


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16 Testator’s knowledge and approval of contents 7217 Further evidence as to execution 7318 Date of execution 7319 Interlineations, obliterations and alterations 7320 Documents referred to or attached 7321 Part of will paper torn off or cut off 7422 Burning, tearing or other sign of revocation 7423 Inoperative will 74

23A (Repealed) 7423B Proof of death otherwise than by death certificate 75

24 Evidence in support of application for probate 7524A Evidence in support of application for administration 76

25 Evidence in support of application for administration 7725A Evidence in support of application for administration by de facto

wife, de facto husband or de facto spouse 7826 Evidence in support of application for administration with will

annexed 8026A Evidence in support of application for administration for the

purposes only of the Family Provision Act 1982 8027 Notice to Crown Solicitor of application for administration 8128 Evidence in support of application for resealing 81

28A Affidavit of additional assets: cf s 81A (2) of the Probate Act 82

Division 4 Administration during minority29 Administration during minority 8230 Elected guardians 8231 Assigned guardian 83

Division 5 Applications by creditors for administration32 (Repealed) 8333 Citations 8334 (Repealed) 84

Division 5A Proceedings under sections 13, 15A and 29A of the former Wills Act or sections 10 and 27 of the Succession Act

34A Form of consent 8434B Plaintiff sole executor etc (s 13 of former Wills Act; s 10 of

Succession Act) 8534C Citations etc (ss 13, 15A and 29A of former Wills Act; ss 10 and

27 of Succession Act) 8534D Notice of intention to distribute (s 13 (3) of former Wills Act) 85


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Division 5B Proceedings under section 18A of the former Wills Act and section 8 of the Succession Act

34E Consent of or notice to affected persons 8534F Consenting or notified person to be bound by declaration 8634G Service of notice 8634H Appearance by person upon whom notice is served 8734I Person appearing becomes party 8734J Defended proceedings 88

Division 6 Contentious proceedings for grant or resealing35 Application of Division 8836 Commencement of proceedings 8837 Admissions 89

37A Interest suits 89

Division 7 Proceedings for revocation of grant38 Deposit of grant 8939 Order before commencement of proceedings 8940 Commencement of non-contentious proceedings 89

40A Search for orders under the Family Provision Act 1982 8941 Hearing 8942 Minute of order 9043 Commencement of contentious proceedings 90

Division 8 Contentious proceedings generally44 Cross-claims 9045 Intervention 90

Division 9 Citations46 Request for issue 9047 Citation to be settled 9148 Seal 9149 Registrar to file copy 9150 Citation to bring in abolished 9151 Citation to pray for administration 9152 Citation to take probate 9153 Citation to see proceedings 9154 Time for answer to a citation 9255 Service 9256 Appearance by person cited to see proceedings 9357 Election to be a defendant 9358 Disable persons 93


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59 Application of Part 63 where disable person cited elects to become a defendant 94

60 Proof of service of citation to see 94

Division 10 Caveats61 Caveat in respect of grant 9562 Caveat for solemn form 95

62A Caveat in respect of informal testamentary document 9563 Duration 9664 Withdrawal of caveat—no proceedings for grant or resealing or

caveator sole applicant for grant or resealing 9665 Leave to withdraw caveat—proceedings for grant 9666 Withdrawal 9767 Recoupment of costs 9768 Citation of caveator to see proceedings 9769 Order that caveats cease to be in force 9770 Proceedings by statement of claim 98

Division 11 Accounts and commission71 Time for filing etc accounts 9872 Service of notice or order under s 87 9973 Extension of time 9974 Order to file etc accounts 9975 Commencement of proceedings for passing accounts or for

commission 10075A Excessive commission 100

76 Notice to be published 10077 Sureties 100

77A Objection prior to proceedings 10078 Inspection and appearance 10179 Vouching 10180 Court may require further evidence, documents and notices10181 Certificate 10182 (Repealed) 10283 Order passing accounts 10284 (Repealed) 10285 Commission 10286 Renunciation 10387 Notice 10388 (Repealed) 103

Division 12 Acknowledgments89 Form of acknowledgment 103


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Division 13 Delegation90 Forms 103

Division 14 Distribution of assets91 Notice of intended distribution 103

Part 79 Court of Disputed ReturnsDivision 1 General

1 Application of Part 1052 Interpretation 1053 (Repealed) 1054 Application of rules 1055 Appointment of solicitor 105

Division 2 Disputed elections and returns6 Application of Division 1057 Interpretation 1058 Commencement of proceedings 1069 Publication 106

10 Service of petition 10611 Death of party 10612 Respondent not opposing petition 10713 Substitution of petitioner or respondent 10714 Electoral Commissioner 10715 Time limited for entry of appearance 10816 No step without appearance 10817 Particulars 10818 Motions 10819 Discontinuance 10820 Lists of objections to votes 10921 Respondent’s contention of undue election 10922 Trial 11023 Evidence generally 110

Division 3 Qualifications and vacancies24 Application 11025 Interpretation 11026 (Repealed) 11027 Transmitting of documents 11028 Referring of question 11029 Parties 11130 Service 111


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31 Publication 111

Part 80 Companies (New South Wales) Code and Corporations LawDivision 1 Preliminary

1 Interpretation 1121A Corporations Law 1131B Corporations Law: affidavit (s 459E (3)) 1131C Corporations Law: affidavit (s 459Q (c)) 1131D Corporations Law: affidavit (s 596C) 114

Division 2 Proceedings under the Code generally2 Commencement of proceedings 1143 Additions above title 1144 Directing notice of any application etc 1155 Leave to creditor etc to be heard etc 1156 (Repealed) 1157 Inquiry as to creditors 1158 Registrar furnishing copy of summons etc 115

Division 2A Part II of the Code8A Appeal from Board (s 30R) 116

Division 3 Parts III–XI of the Code9 Applications under ss 73, 118, 122, 123, 125, 133 and 175 116

10 Reduction of capital (s 123) 11711 Reduction of capital: appointment for hearing (s 123) 11812 Registration of transfer of shares etc (s 184) 11813 (Repealed) 11814 Compromise with creditors etc (ss 315, 317) 11915 Oppression or injustice (s 320 (2)) 11916 Release of official manager (s 355) 119

Division 4 Part XII of the Code (winding up)17 Company Index: search (s 363) 11918 Application for a winding up order under s 364 (1) 11919 Serial number: winding up 12020 Notice of intention to appear 12021 Substituted plaintiff in winding up application 12122 Discontinuance 121

22A Notice to liquidator of appointment 12123 Form of winding up order 122


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23A (Repealed) 12224 Stay of proceedings against company (s 367) 122

24A Validation of dispositions of property etc (s 368) 12225 Proceedings against a Company after a winding up order (s 371)

12226 Appointment of provisional liquidator (s 372) 12227 Notice to liquidator of appointment 12328 Notice of appointment of liquidator 12329 Provisional liquidator (s 372) 12330 Filling vacancy in office of liquidator (s 373) 12431 Copy of report under s 375 (7) (a) 12432 List of contributories (s 378 (1) (a)) 12433 Liquidator to file resolutions 12434 (Repealed) 12435 Release of liquidator (s 381) 12436 Report by the liquidator to the Court: stay of winding up (s 383)

12537 Special manager (s 385) 12538 Accounting by special manager 12539 Default of special manager 12640 Requirement by liquidator to pay money etc (ss 384 (1) and 389)

12641 Calls: sanction of committee of inspection (ss 384 (3), 389) 12642 Application for leave to make a call (ss 384 (3), 389) 12743 Filing notice of amount of call per share (ss 384 (3), 389) 12744 Call on contributories (ss 384 (3), 389) 12745 Application for order for payment of call (s 384 (3) (b)) 12746 Powers of liquidator (s 389) 12847 Proceedings against company after voluntary winding up (ss 401,

402) 12848 Complaints concerning liquidator (s 420 (1)) 12849 Report concerning liquidator (s 420 (2)) 12850 Resignation of liquidator (s 421) 12951 (Repealed) 12952 Report by the chairman to the Court: meeting of creditors etc (s

431) 12953 Committee of inspection (s 432) 12954 Filing proof of debt (s 438) 12955 (Repealed) 12956 Disclaimer (s 454) 12957 Winding up of bodies other than companies (s 470) 12958 Stay of proceedings against body other than a Company (s 472)

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Division 5 Part XIV of the Code (miscellaneous)59 Security for costs: plaintiff corporation (s 533) 13060 (Repealed) 13061 Appeal from liquidator etc (s 538) 130

61A Irregularities (s 539) 13062 Examination of person concerned with corporation (s 541) 13063 Default in relation to an examination 131

Division 6 Meetings ordered by the Court64 Application of regulations 132

Part 80A Corporations Law and ASC LawDivision 1 Preliminary1A (Repealed) 133

1 Interpretation 1332 Application 1333 Commencement of proceedings 1344 Registration of transfer of shares etc (s 1092 (3)) 135

Division 2 Proceedings generally5 Additional powers of the Court 1356 (Repealed) 1367 Inquiry as to creditors etc 1368 Registrar furnishing copy of summons etc 1369 Notice of intention to appear 136

Division 3 Advertisement10 Advertisement and inspection of certain applications 137

Division 4 Notice to ASIC11 Service of certain applications 138

Divisions 5, 6 12, 13 (Repealed) 139

Division 6A Remuneration of receiver, administrator and special manager

13A Remuneration of receiver (s 425 (1)) 13913B Remuneration of administrator (s 449E (1)) 14013C Remuneration of special manager (s 484 (2)) 141


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Division 7 Winding up14 Index: search 14215 Form of affidavit in support of statutory demand (s 459E (3))14216 Form of affidavit in support of an application to wind up relying on

failure to comply with statutory demand (s 459Q (c)) 14317 Time prescribed (s 465C) 14418 Evidence in support of winding up application 14419 Discontinuance (ss 459 and 461) 14520 Service of notice of appointment of liquidator or provisional

liquidator 14521 Appeal from registrar: winding up order 14522 Remuneration of provisional liquidator (s 473 (2)) 14523 Remuneration of liquidator (s 473 (3)) 14724 Copy of a report under s 475 (7) (a) 14825 Report by the liquidator to the Court: stay of winding up (s 482

(2)) 14826 Special manager (s 484) 14827 Accounting by special manager (s 484 (2) (a)) 14828 Default of special manager 14829 Complaints concerning liquidator or provisional liquidator (s 536

(1)) 14930 Report concerning liquidator or provisional liquidator (s 536 (2))

14931 Report by the chairman to the Court: meeting of creditors etc (s

547) 14932 Appeal from liquidator etc (s 1321) 14933 Release of liquidator (s 480) 15034 Exercise of Court’s power by liquidator (s 488 (1)) 15235 Destruction of books (s 542 (3) (a)) 152

Division 8 Examinations36 Examination of persons concerned with corporations (Part 5.9

Division 1) 15237 Default in relation to an examination 154

Division 9 Winding up of bodies other than companies38 Winding up of bodies other than companies (s 583) 154

Part 81 1–40 (Repealed) 154

Part 82 Public Notaries Act 19971 Interpretation 1552 Application by person approved by Board 155


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3 Appointment in the absence of the public etc 1554 Taking oath etc 1555 Particulars to be entered in the roll 1556 (Repealed) 1567 Application under the Mutual Recognition Act 1568 Certificate of appointment 157

Part 83 1–5 (Repealed) 157

Part 84 Crimes (Administration of Sentences) Act 19991 Application by offender for direction relating to decision of Parole

Authority 1582 Application by State for direction relating to decision of Parole

Authority 1583 Secretary of Parole Authority to forward documents to Registrar

158Schedules A–C (Repealed) 159

Schedule D Powers of associate Judges 160Schedule E (Repealed) 176Schedule F Forms 177Schedule G Costs 329

Schedules H, I (Repealed) 340Schedule J Procedure under various Acts 341Schedule K (Repealed) 348

NotesTable of amending instruments 349Table of amendments 352


Supreme Court Rules 1970Rule 1

Supreme Court Rules 1970under the

Supreme Court Act 1970

Part 1 Preliminary1 Name of Rules

These rules may be cited as the Supreme Court Rules 1970.

2 CommencementThese rules shall commence on the commencement of the Act.Editorial note. Date of commencement: 1.7.1972. See Gazette No 59 of2.6.1972, p 2018.

3–7 (Repealed)

8 Interpretation(1) In these rules, unless the context or subject matter otherwise indicates

or requires:ASIC means the entity known as the Australian Securities Commissionprior to 1 July 1998, and subsequently known as the AustralianSecurities and Investments Commission.assess, when used in relation to costs assessed otherwise than by theCourt, means assess in accordance with Part 11 of the Legal ProfessionAct 1987.associate Judge includes an acting associate Judge.barrister has the same meaning as it has in the Legal Profession Act1987.Companies Code means the Companies (New South Wales) Code.convention means a convention made between Her Majesty or any ofher predecessors and the king or other head of state of a foreign countryregarding legal proceedings in civil and commercial matters.convention country means a foreign country to which a conventionapplies.corporation includes any artificial person.


Supreme Court Rules 1970 Rule 8

costs determination means a determination made under section 180 ofthe Legal Profession Act 1987 as in force from time to time prior to 1July 1994.cross-claim means a claim for relief under section 78 of the Act.curator means:(a) in respect of a person:

(i) the management of whose estate is, by the ProtectedEstates Act 1983 or by any order of the Court or theGuardianship Tribunal under that Act or under theGuardianship Act 1987, committed to the ProtectiveCommissioner,

(ii) of whose estate the Protective Commissioner has, inaccordance with section 63 of the Protected Estates Act1983, undertaken the management, or

(iii) in relation to whose property the Protective Commissioneris authorised as mentioned in section 66 (1) (a) of that Act,

the Protective Commissioner,(b) in respect of a person of whose estate a manager has been

appointed by order of the Court or the Guardianship Tribunalunder section 22 of the Protected Estates Act 1983 or section25M of the Guardianship Act 1987—the manager appointed.

disable person means a minor or an incompetent person.document means any record of information, and includes:(a) anything on which there is writing,(b) anything on which there are marks, figures, symbols or

perforations having a meaning for persons qualified to interpretthem,

(c) anything from which sounds, images or writings can bereproduced with or without the aid of anything else, or

(d) a map, plan, drawing or photograph.cf Act No 15 of 1987, s 21 (1).expert means a person who has specialised knowledge based on theperson’s training, study or experience.fax means send a copy by facsimile transmission.folio means 100 words, five figures being counted as one word.cf Cost Rules, r 2. Rules of the Supreme Court (Revised) 1965 (Eng), O 1, r 4 (1).Foreign Evidence Act means the Foreign Evidence Act 1994 of theCommonwealth.



funds includes money, debentures, stock, shares and other securitiesand investments.incompetent person means:(a) a person who is not a minor and who is:

(i) incapable of managing his or her affairs, or(ii) incommunicate, or

(b) a minor who has a curator.Law Courts Building means the building in which the Sydney registryof the Court is located.Mutual Recognition Act means the Mutual Recognition Act 1992 of theCommonwealth.notice means notice in writing.cf RSC (Rev) 1965, O 66, r 2 (5).officer, in relation to a corporation, includes a director and any personhaving (whether alone or with others) powers of management, directionor control of the corporation.officer of the Court does not include a solicitor, barrister or liquidator.originating process means a statement of claim, a summons or, wherea cross-claim is made against a person not previously a party to theproceedings in which the cross-claim is made, the cross-claim.pay, in relation to funds, includes transfer, deposit and deliver.person bound, in relation to a judgment or order, means a personrequired by the judgment or order:(a) to pay money,(b) to give possession of land,(c) to deliver goods (with or without the alternative of paying the

assessed value of the goods),(d) to do any other act, or(e) to abstain from doing any act.personal injuries includes any disease and any impairment of aperson’s physical or mental condition.cf RSC (Rev) 1965, O 5, r 2.registry means a registry at Lismore, Newcastle, Orange, Sydney,Wagga Wagga or Wollongong.Riverina means the district of the State comprising Albury,Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera,Temora, Tumut and Wagga Wagga.solicitor has the same meaning as it has in the Legal Profession Act1987.



the Act means the Supreme Court Act 1970.the Evidence Act means the Evidence Act 1995.the Service and Execution of Process Act means the Service andExecution of Process Act 1992 of the Commonwealth.Trans-Tasman Mutual Recognition Act means the Trans-TasmanMutual Recognition Act 1997 of the Commonwealth.tutor means a next friend or guardian ad litem of a disable person.

(2) Where:(a) reference is made in the rules to the holder of an office in the

Public Service or in the Australian Public Service, and(b) the name of the office is changed or the relevant function is

assumed by the holder of another office,the reference shall continue to apply to the holder of that office.

(3), (4) (Repealed)cf RSC (Rev) 1965, O 13, r 1 (2).

9 Seals(1) There shall be the seals mentioned in the first column in the table below,

which shall be impressed seals and respectively shall have the wordingmentioned in the second column of the table and shall be in the custodyof the officer mentioned in the third column of the table.

cf Protective Jurisdiction Rules 1968, r 11 (1).

(2) Each of the seals mentioned in subrule (1) shall have effect as the sealof the Court.

(3) Except where the rules otherwise provide, but subject to subrule (4), theseal of the Court of Appeal or the general seal of the Court shall be usedfor the purpose of proceedings in the Court of Appeal and the seal ofeach Division or the general seal of the Court shall be used for thepurpose of proceedings in that Division.

Seal Wording CustodyGeneral seal of the Court.

Supreme Court of New South Wales.

Prothonotary.

Seal of the Court of Appeal.

Supreme Court of New South Wales: Court of Appeal.

Registrar of the Court of Appeal.

Seal of each Division. Supreme Court of New South Wales: (name of the Division).

Registrar of the Division.


Supreme Court Rules 1970Rule 9C

(4) A rubber stamp facsimile of any seal may be used instead of the seal forany purpose.cf PJR r 11 (3).

(5) (Repealed)

9A, 9B (Repealed)

9C Filing prescribed bail forms by faxA document, which concerns an application relating to bail and the formof which is prescribed by the rules, shall be sufficiently filed if a copyof the document, produced in the Sydney registry by a facsimiletransmission machine, is filed.

10, 10A (Repealed)

11 Forms(1) Forms are prescribed in Schedule F.(2) A reference in any such form to a provision of these rules includes a

reference to the corresponding provision (if any) of the Uniform CivilProcedure Rules 2005.

(3) If a form is approved under section 17 of the Civil Procedure Act 2005in relation to the same matter as that for which a form is prescribed inSchedule F, the form to be used is the approved form and not theprescribed form.cf Act No 15 of 1987, s 80.

11A, 12 (Repealed)

13 Procedure wanting or in doubt(1) Where a person desires to commence proceedings or take any step in

any proceedings, and the manner or form of procedure is not prescribedby the Act or the rules or by or under any other Act or that person is indoubt as to the manner or form of procedure, the Court may, onapplication by that person, give directions.cf High Court Rules, O 72, r 1 (1).

(2) Proceedings commenced in accordance with the directions of the Courtshall be well commenced.cf HCR, O 72, r 1 (2).

(3) A step taken in accordance with the directions of the Court shall beregular and sufficient.cf HCR, O 72, r 1 (2).



(4) In respect of proceedings to be commenced for directions under subrule(1), application may be made by summons in any Division.

14 (Repealed)



Part 1A Sittings and vacations1 Sittings

(1) Sittings shall be held in each year at such times and places as areappointed for that year or from time to time by the Chief Justice.cf HCR O 59, rr 1 and 2.

(2) Particulars of times and places appointed shall be published in theGazette.

(3) The Court may sit at any time and place notwithstanding that the timeand place of the sitting has not been appointed or has not been publishedas provided in this rule.

2 Vacations(1) There shall be a fixed vacation and a variable vacation in each year.(2) The fixed vacation shall be a period of six weeks from the beginning of

the Monday before the 24th of December.(3) The variable vacation shall be a period not exceeding four weeks

regulated by the Chief Justice.(4) A hearing or trial shall not be held in the fixed vacation, unless the Court

otherwise orders.

3 (Repealed)

Parts 1B–11 (Repealed)


Supreme Court Rules 1970 Rule 1A

Part 12 Distribution of business1 (Repealed)

1A Procedure under particular ActsThe provisions of Schedule J with respect to proceedings under an Actor instrument referred to in that Schedule apply to proceedings in theCourt under that Act or instrument.

2–7 (Repealed)




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

1 ApplicationThis Part applies to an appeal to the Court under Part 5 of the Crimes(Local Courts Appeal and Review) Act 2001.

2 Assignment of businessProceedings to which this Division applies shall be commenced in theCommon Law Division.

3 DefinitionsIn this Part, unless the context or subject matter otherwise indicates orrequires:decision includes a conviction, order or sentence, judgment, opinion,direction or determination.informant includes a complainant, the Director of Public Prosecutionsand any other person responsible for the conduct of a prosecution.material date in relation to an appeal means:(a) where the appeal is from the decision of a court, the date on which

the decision is pronounced or given, and(b) where the appeal is from any other person, the date on which

notice of the decision was given to the person who wishes toappeal by or on behalf of the person who made the decision.

tribunal below means, in relation to an appeal to the Court, the court orthe person whose decision is under appeal.

4 (Repealed)

5 Leave to appeal or cross-appeal(1) An application for leave to appeal and, subject to subrule (2), to

cross-appeal must be made by summons under Part 5 rule 3.(2) A party served with a summons for leave to appeal who wishes to apply

for leave to cross-appeal may do so by motion on the hearing of thesummons, supported by an affidavit stating the matters set out in subrule(7), without filing or serving a summons or notice of the motion.

(3) Subject to subrules (3A), (5) and (5A), the summons for leave to appealshall be filed within 28 days after the material date.

(3A) If an application is made to a Local Court under Part 2 of the subjectAct, the time for filing a summons for leave to appeal does not start torun until the application under Part 2 is finally disposed of.



(4) A summons for leave to cross-appeal shall be filed within 28 days afterservice of the summons instituting the appeal, or the summons for leaveto appeal, or within such further time as the Court may fix.

(5) The Court may, at any time, extend the time fixed by subrule (3) or (4).(5A) Where the decision appealed from is that of a magistrate, the tribunal

below may, within the time fixed by subrule (3) for filing a summonsfor leave to appeal (as extended by subrule (3A)) or on application filedwithin that time, extend the time fixed by subrule (3).

(6) The summons for leave to appeal or to cross-appeal shall include aclaim for the decision which the party instituting the appeal seeks inplace of the decision of the tribunal below.

(7) The applicant shall file and serve with or subscribe to the summons abrief but specific statement of:(a) the grounds relied upon in support of the appeal and, in particular,

the grounds upon which it is contended that there is any error oflaw,

(b) as to whether the appeal is from the whole or part only and whatpart of the decision in the tribunal below,

(c) the nature of the case,(d) the questions involved, and(e) the reasons why leave should be given.

(8) The applicant for leave to appeal shall, unless the Court otherwisedirects, not later than 3 days before the date fixed for the hearing of theapplication for leave to appeal, file an affidavit exhibiting:(a) a copy of the transcript of the proceedings in the tribunal below,

unless a transcript cannot be obtained in respect of proceedingsof that type, and

(b) a copy of the reasons for decision in the tribunal below, unless thetribunal below has not given, and does not intend to give, writtenreasons.

(9) Where an application for leave to appeal or to cross-appeal has beengranted:(a) the summons for leave to appeal shall be deemed a summons

instituting an appeal in respect of the grounds upon which theCourt has granted such leave, and

(b) the summons, or the affidavit under subrule (2), for leave shall bedeemed a notice of cross-appeal instituting a cross-appeal inrespect of the grounds upon which the Court has granted suchleave.



(10) A party applying to the Court for an extension of time under subrule (3)or (4) shall:(a) include that application in the summons for leave to appeal or

cross-appeal, or(b) lodge with his or her notice of motion or summons a draft,

completed as far as possible, of the summons under subrule (1)and the statement under subrule (7), to be filed if an extendedtime is fixed.

6 Time for appeal(1) Subject to subrules (1A) and (2) and any provisions made by or under

any Act, an appeal must be instituted within 28 days after the materialdate.

(1A) If an application is made to a Local Court under Part 2 of the subjectAct, the time for instituting an appeal does not start to run until theapplication under Part 2 is finally disposed of.

(2) Time fixed by subrule (1) may be extended:(a) by the Court at any time, or(b) where the decision appealed from is that of a magistrate—by the

tribunal below, but only within the time fixed by subrule (1) forinstituting an appeal (as extended by subrule (1A)) or onapplication filed within that time.

(3) A party applying to the Court for an extension of time under subrule (2)(a) shall:(a) include that application in the summons instituting the appeal, or(b) lodge with his or her notice of motion or summons a draft,

completed as far as possible, of the summons under rule 7 and thestatement under rule 8, to be filed if an extended time is fixed.

7 Institution of appealSubject to rule 5, an appeal to the Court is to be instituted by filing asummons under Part 5 rule 3 that claims the decision that the partyinstituting the appeal seeks in place of the decision of the tribunalbelow.

8 Statement of groundThe plaintiff shall file and serve with or subscribe to the summonsinstituting the appeal a brief but specific statement:(a) of the grounds relied upon in support of the appeal and, in

particular, the grounds upon which it is contended that there isany error of law, and



(b) as to whether the appeal is from the whole or part only and whatpart of the decision in the tribunal below.

9 Transcript and reasons for decisionThe plaintiff shall, unless the Court otherwise directs, not later than 3days before the date fixed for the hearing of the summons, file anaffidavit exhibiting:(a) a copy of the transcript of the proceedings in the tribunal below,

unless a transcript cannot be obtained in respect of proceedingsof that type, and

(b) a copy of the reasons for decision in the tribunal below, unless thetribunal below has not given, and does not intend to give, writtenreasons.

10 Parties(1) Any informant and each person who is directly affected by the relief

sought in the appeal or is interested in maintaining the decision underappeal shall be joined as a defendant to the appeal.

(2) Subject to subrule (3), the tribunal below shall be joined as a defendant.(3) Subrule (2) shall not apply where the tribunal below is a court.(4) The Court may order the addition or removal of any person as a party to

an appeal.(5) A person shall not be made a plaintiff without his consent.

11 Service(1) Subject to subrule (2), the plaintiff shall, on the day of filing a summons

instituting an appeal or for leave to appeal, or as soon as practicablethereafter, subject to Part 9 rule 8, serve the summons on the defendantpersonally.

(2) When the summons contains an application for extension of time,service shall be effected on the day when the application is granted, oras soon as practicable thereafter.

12 Directions for serviceWhere the Court makes an order granting:(a) leave to appeal or to cross-appeal, or(b) an extension of time for:

(i) appealing or cross-appealing, or(ii) applying for leave to appeal or to cross-appeal,



the Court may, at the same time or afterwards, give directions forservice other than personal service of any summons or notice ofcross-appeal by which, pursuant to the order, proceedings arecommenced for an appeal or for leave to appeal or tocross-appeal, and of any other document in the proceedings socommenced.

13 Filing with tribunal below(1) Where the tribunal below is a court, the plaintiff shall, on the date of

instituting the appeal, file a copy of the summons instituting the appealin the registry or office of that court.

(2) For the purposes of subrule (1), the date of instituting the appeal shall:(a) if the summons instituting the appeal contains an application for

extension of time—the day the application is granted, or(b) if a summons for leave is deemed by rule 5 (9) to be the summons

instituting the appeal—the day when the summons is so deemed.(3) If compliance with subrule (1) is not in accordance with the practice or

organisation of that court, the plaintiff shall lodge a copy of thesummons with an officer of that court concerned with its records orprocess.

14 Security for costs(1) The Court may, in special circumstances, order that such security as the

Court thinks fit be given of the costs of an appeal to the Court.(2) Subject to subrule (1), no security for the costs of an appeal to the Court

shall be required.(3) Subrules (1) and (2) do not affect the powers of the Court under Part 53,

Division 1 (which relates to security for costs).

15 Date of hearing of appealUnless the Court otherwise orders, the appeal shall not be heard before21 days after service of the summons by which the appeal is instituted.

16 Amendment(1) The summons by which the appeal is instituted and any statement under

rule 8 may be amended by the plaintiff without leave by filing asupplementary notice not less than 7 days before the day appointed forhearing.

(2) The plaintiff must, on the day of filing the supplementary notice, serveit on the other parties and must file or lodge a copy of it in accordancewith rule 13 as if it were a summons.



(3) Subrule (1) does not affect the powers of the Court under Part 20 (whichrelates to amendment).

17 Cross-appeal(1) Where a defendant wishes to appeal from the whole or part of a

decision, the defendant shall file a notice of cross-appeal.(2) The defendant must file the notice of cross-appeal within the later of:

(a) 28 days after service of the summons instituting the appeal on thedefendant, and

(b) 14 days after leave to appeal or to cross-appeal is given.(3) Subject to subrules (1), (2) and (4), the provisions of this Part relating

to an appeal and a summons apply to the cross-appeal and a notice ofcross-appeal.

(4) Part 6 and rule 6 (which relates to time for appeal) do not apply to across-appeal or notice of cross-appeal.

18 Notice of contentionWhere a defendant wishes to contend that the decision of the tribunalbelow should be affirmed on grounds other than those relied upon by thetribunal below but does not seek a discharge or variation of any part ofthe decision of the tribunal below, the defendant need not file a noticeof cross-appeal but, within the time limited by rule 17 (2), the defendantmust:(a) file notice of that contention stating, briefly but specifically, the

grounds relied upon in support of the contention, and(b) serve the notice of contention on each other party to the appeal.




Part 55 Contempt

Division 1 Preliminary1 Interpretation

In this Part contemnor means a person guilty or alleged to be guilty ofcontempt of the Court or of any other court.

Division 2 Contempt in the face or hearing of the Court2 Arrest

Where it is alleged, or appears to the Court on its own view, that aperson is guilty of contempt of court, committed in the face of the Courtor in the hearing of the Court, the Court may:(a) by oral order direct that the contemnor be brought before the

Court, or(b) issue a warrant for the arrest of the contemnor.cf High Court Rules, O 56, r 1 (1).

3 Charge, defence and determinationWhere the contemnor is brought before the Court, the Court shall:(a) cause him to be informed orally of the contempt with which he is

charged,(b) require him to make his defence to the charge,(c) after hearing him, determine the matter of the charge, and(d) make an order for the punishment or discharge of the contemnor.cf HCR, O 56, r 1 (2).

4 Interim custody(1) The Court may, pending disposal of the charge:

(a) direct that the contemnor be kept in such custody as the Courtmay determine, or

(b) direct that the contemnor be released.cf HCR, O 56, r 1 (3).

(2) The Court may make a direction under subrule 1 (b) on terms, whichmay include a requirement that the contemnor give security, in suchsum as the Court directs, for his appearance in person to answer thecharge.cf HCR, O 56, r 1 (3).



Division 3 Motion or proceedings for punishment5 Application

This Division does not apply to a case in which the Court proceedsunder Division 2.cf HCR, O 56, r 2.

6 Procedure generally(1) Where contempt is committed in connection with proceedings in the

Court, an application for punishment for the contempt must be made bymotion on notice in the proceedings, but, if separate proceedings forpunishment of the contempt are commenced, the proceedings socommenced may be continued unless the Court otherwise orders.

(2) Where contempt is committed, but not in connection with proceedingsin the Court, proceedings for punishment of the contempt must becommenced by summons, but, if an application for punishment of thecontempt is made by motion on notice in any proceedings, theapplication may be heard and disposed of in the latter proceedings,unless the Court otherwise orders.

7 Statement of chargeA statement of charge, that is, a statement specifying the contempt ofwhich the contemnor is alleged to be guilty, shall be subscribed to, orfiled with, the notice of motion or summons.cf HCR, O 56, r 3 (a).

8 Evidence(1) Subject to subrule (2), the evidence in support of the charge shall be by

affidavit.(2) The Court may, on terms, permit evidence in support of the charge to be

given otherwise than by affidavit.

9 ServiceThe notice of motion or summons, the statement of charge, and theaffidavits shall be served personally on the contemnor.cf HCR, O 56, rr 4, 5.

10 ArrestWhere:(a) notice of a motion for punishment of a contempt has been filed or

proceedings have been commenced for punishment of acontempt, and



(b) it appears to the Court that the contemnor is likely to abscond orotherwise withdraw himself from the jurisdiction of the Court,

the Court may issue a warrant for the arrest of the contemnor and hisdetention in custody until he is brought before the Court to answer thecharge, unless he, in the meantime, gives security in such manner andin such sum as the Court directs, for his appearance in person to answerthe charge and to submit to the judgment or order of the Court.cf HCR, O 56, r 6.

11 Motion or proceedings by the registrar(1) Where it is alleged, or appears to the Court on its own view, that a

person is guilty of contempt of the Court or of any other court, the Courtmay, by order, direct the registrar to apply by motion for, or tocommence proceedings for, punishment of the contempt.

(2) Subrule (1) does not affect such right as any person other than theregistrar may have to apply by motion for, or to commence proceedingsfor, punishment of contempt.

(3) Where:(a) it appears to the District Court on its own view that a person is

guilty of contempt of court, whether committed in the face orhearing of the District Court or not, and the District Court refersthe matter to the Court for determination under section 203 (1) ofthe District Court Act 1973,

(b) (Repealed)(c) it appears to a Local Court on its own view that a person is guilty

of contempt of the Local Court, whether during a proceedingbefore the Local Court or otherwise, and the court refers thematter to the Court for determination under section 27B of theLocal Courts Act 1982,

the registrar must commence proceedings for punishment of thecontempt, and no direction from the Court shall be necessary to enablethe registrar to do so.

(4) Subrule (3) does not affect such right as any person other than theregistrar may have to commence proceedings for punishment of thecontempt prior to the commencement of proceedings by the registrar.

(5) Subrule (3) does not apply in the event that a person other than theregistrar commences proceedings for punishment of the contempt priorto the commencement of proceedings by the registrar.

(6) Subject to the rules and to any Act, where, pursuant to a powerconferred by or under an Act, a court or other body or person refers or



reports a matter to the Court with a view to the Court dealing with apossible contempt of the court, body or person, the registrar shall:(a) take advice from the Crown Solicitor as to whether the registrar

should take proceedings for contempt in respect of the matter,(b) unless the Court otherwise orders, act in accordance with the

advice, and(c) inform the Attorney-General of the matter.

Division 4 General12 Warrant

A warrant for the arrest or detention under this Part of a contemnor shallbe addressed to the Sheriff and may be issued under the hand of theJudge or officer presiding in the Court directing the arrest or detention.cf HCR, O 56, r 7.

13 Punishment(1) Where the contemnor is not a corporation, the Court may punish

contempt by committal to a correctional centre or fine or both.cf HCR, O 56, r 9.

(2) Where the contemnor is a corporation, the Court may punish contemptby sequestration or fine or both.

(3) The Court may make an order for punishment on terms, including asuspension of punishment or a suspension of punishment in case thecontemnor gives security in such manner and in such sum as the Courtmay approve for good behaviour and performs the terms of the security.

14 DischargeWhere a contemnor is committed to a correctional centre for a term, theCourt may order his discharge before the expiry of the term.cf HCR, O 56, r 11.

15 (Repealed)




Part 60 Associate Judges

Division 1 General1 Interpretation

In this Part decision includes a judgment, order, opinion, direction,determination or certificate.

1A Powers(1) An associate Judge may exercise the powers of the Court:

(a) under the provisions of the Acts and regulations and Acts andregulations of the Commonwealth mentioned in column 1 of Part1 of Schedule D,

(b) subject to subrule (4), under provisions of any of the followingrules of court (the relevant rules):(i) these rules,

(ii) the Supreme Court (Corporations) Rules 1999,(iii) the Uniform Civil Procedure Rules 2005,

(c) in respect of the matters mentioned in Part 3 of Schedule D andin Part 2 of Schedule E.

(2) The matter in column 2 of Parts 1 and 2 of Schedule D is inserted forconvenience of reference only and does not affect the operation of therelevant rules.

(3) In relation to any provision mentioned in column 1 of Part 1 of ScheduleD, subrule (1) (a) has effect subject to the restriction (if any) appearingbeside that provision in column 3.

(4) An associate Judge may not exercise the powers of the Court under anyof the provisions of the relevant rules mentioned in column 1 of Part 2of Schedule D except to the extent (if any) specified opposite thatprovision in column 3.

(4A) (Repealed)(5) In proceedings commenced before 1 July 1972, an associate Judge may

exercise any power formerly exercisable by the Prothonotary.(6) An associate Judge may exercise the powers of the Court for the

purposes of, and in respect of all matters incidental to, the exercise ofhis powers under subrule (1) or under any Act or regulation or under anyother provision of the relevant rules.

(7) The generality of the powers granted by subrule (6) shall not berestricted by reason of the grant under subrule (1) of specific powers.



2 Distribution of businessWhere there are two or more associate Judges in a Division, thedistribution of business amongst the associate Judges shall, subject toany direction of the Court, be by direction of the senior associate Judgepresent.

3 Judgment or orderAn associate Judge shall, on the disposal of any matter before him, givesuch judgment or make such order as the nature of the case requires,except where, by the rules or by any judgment or order, he is requiredto state his determination in a certificate or in some other manner.

4 Certificate(1) An associate Judge may give a certificate as to any matter arising or

decision made in the course of proceedings before him.(2) Where proceedings are before an associate Judge pursuant to a

judgment or order, the certificate of the associate Judge shall refer to somuch only of the judgment or order as is necessary to show upon whatthe determination of the associate Judge is founded.cf RSC (Rev) 1965, O 44, r 21 (2).

(3) The certificate of an associate Judge shall not refer to documents orevidence except so far as is necessary to show upon what thedetermination of the associate Judge is founded.cf RSC (Rev) 1965, O 44, r 21 (2).

(4) The certificate of an associate Judge shall not, except where necessary,set out the reasons for the determination of the associate Judge.cf RSC (Rev) 1965, O 44, r 21 (2).

(5) The certificate of an associate Judge as to an account taken under ajudgment or order shall:(a) specify, by reference to the numbers of the items in the account,

the items (if any) disallowed or varied, and(b) specify the additions (if any) by way of surcharge or otherwise.cf RSC (Rev) 1965, O 44, r 21 (3).

(6) This rule does not apply where any proceedings, question or issue are oris referred to an associate Judge under Part 72 rule 2 (which relates toreference to an arbitrator etc).

Divisions 2, 3 5–16 (Repealed)



Division 4 Appeal to the Court of Appeal17 Cases for appeal

An appeal shall lie to the Court of Appeal in accordance with section101 and 103 of the Act, subject however to the leave of the Court ofAppeal in any case to which subsections (2) and (4) of section 101apply, from any decision of the Court in a Division constituted by anassociate Judge:(a) upon a trial pursuant to Schedule D Part 3 paragraphs 1, 2, 3, 3A,

4 (a), 8, 9, 17, 17A, 24, 25, 26, 27 and 28,(a1) in proceedings referred pursuant to Schedule D Part 3 paragraphs

5, 5A and 5B,(b) in proceedings under the provisions (except sections 13 to 21

inclusive, which relate to guardianship) of the Testator’s FamilyMaintenance and Guardianship of Infants Act 1916,

(c) in proceedings under section 14 or section 22 of the MarriedPersons (Property and Torts) Act 1901,

(d) in proceedings under the Family Provision Act 1982,(e) in proceedings under the Property (Relationships) Act 1984,(f) in proceedings on an application for review of taxation of costs,(g) in proceedings under section 208L or section 208M or section

208N of the Legal Profession Act 1987,(h) in proceedings under section 13 of the Married Persons (Equality

of Status) Act 1996,(i) in proceedings determining a question of costs with respect to a

matter that has been otherwise finalised,(j) on an application to extend a period of limitation, fixed by or

under an enactment, within which original proceedings must bebrought, or

(k) where the decision of the associate Judge is a final decision otherthan:(i) a decision on an application for a summary judgment, or

(ii) a decision on an application for a summary dismissal ofproceedings.



Part 61 Registrars and chief clerk

Division 1 Registrars1–4 (Repealed)

4A Practice in registries outside SydneyThe practice of the Sydney registry shall, so far as practicable, befollowed in any other registry.

Division 2 5 (Repealed)




Part 65A Legal profession1 (Repealed)

2 Assignment of business(1) There are assigned to the Court of Appeal proceedings in the Court in

the exercise of the disciplinary powers of the Court with respect to legalpractitioners and interstate legal practitioners.

(2) Proceedings in the Court under the Legal Profession Act 1987 (otherthan proceedings assigned to the Court of Appeal) are assigned to theCommon Law Division.

3 Removal or suspension elsewhere(1) Any legal practitioner:

(a) whose name is removed from a roll kept outside the State thatcorresponds to the Roll of Legal Practitioners in the Court,

(b) who is prohibited (whether conditionally or unconditionally)from reinstatement to such a roll, or

(c) who is:(i) suspended from practising, or

(ii) prohibited (whether conditionally or unconditionally)from resuming practice,

as a lawyer (whether known as a barrister, a solicitor, a barristerand solicitor, an attorney, a legal practitioner or otherwise)outside the State,

by reason of misconduct, is suspended from practice:(d) in the case of removal—unless the Court otherwise orders,(e) in the case of suspension or prohibition—during the period of

suspension or prohibition, unless the Court otherwise orders.(2) This rule does not apply to a cancellation or suspension:

(a) in Australia under the Mutual Recognition Act, or(b) in New Zealand under the Trans-Tasman Mutual Recognition

Act.

4 (Repealed)

5 Appeal: practising certificate(1) The Court may, on the application of a person who intends to appeal to

the Court under section 38B of the Legal Profession Act 1987, makesuch orders as the nature of the case requires as if the person had



instituted the appeal and the application were made in the proceedingson the appeal.

(2) In the title of a document in proceedings on the application or theappeal, the plaintiff may, subject to any order of the Court, be shown as“A solicitor”, without the plaintiff’s name.

6 Furnishing informationThe registrar shall furnish information that is required by section 48Yof the Legal Profession Act 1987 to be furnished by the Court.

7 Removal from Roll pursuant to s 48Z (5) of the Legal Profession Act 1987Unless the Court otherwise orders, the Prothonotary shall, pursuant toan order under section 48Z (5) of the Legal Profession Act 1987,remove from the Roll of Legal Practitioners in the Court the name of alegal practitioner upon the expiration of 10 days after a copy of the orderis filed, being a copy that:(a) if the regulatory authority making the order is a tribunal—is

signed by a member of the tribunal,(b) if the regulatory authority is a court—is signed by a Judge or

Registrar of the Court, or(c) in any case—is sealed with the seal of the regulatory authority.

Part 65B 1 (Repealed)



Part 65C Admission as legal practitioner

Division 1 Application for admission1 Application by person approved by a Board

A person who has been approved by:(a) the former Barristers Admission Board or the former Solicitors

Admission Board as a suitable candidate for admission as abarrister or as a solicitor, or

(b) the Legal Practitioners Admission Board as a suitable candidatefor admission as a legal practitioner,

may, unless the Court otherwise orders, apply for admission withouthaving filed any originating process in the Court.

2 Admission, other than of interstate applicant(1) This rule applies to an application for admission as a legal practitioner

other than an application to which rule 3 or rule 4 applies.(2) Every person applying for admission as a legal practitioner shall

personally attend in Court and shall on such admission:(a) take the oath of office as a legal practitioner, and(b) sign the Roll of Legal Practitioners in the Court,and shall be entitled to receive a certificate bearing the seal of the Court.

3 Interstate applicant, other than under the Mutual Recognition Act(1) This rule applies to an application for admission as a legal practitioner

by a person whose name is on the Roll of Barristers, the Roll ofSolicitors, the Roll of Barristers and Solicitors or the Roll of LegalPractitioners of the Supreme Court of any other State or Territory ofAustralia.

(2) An application to which this rule applies may, at the request of theapplicant, be determined or dealt with by the Court in the absence of thepublic and without any attendance by or on behalf of the applicant.

(3) A request under subrule (2) may be included in the applicant’s form ofapplication for admission under the Legal Practitioners AdmissionRules 1994.

(4) Where the applicant makes a request under subrule (2) and the applicantis admitted, he or she shall, at the request of this Court, attend at theoffice of the Supreme Court of his or her State or Territory and:(a) take the oath of office as a Legal Practitioner in Form 70AA, and



(b) sign a Roll of Legal Practitioners (being a Roll kept in the officeof that court for the purpose of this rule).

(5) When this Court has received from the other court:(a) the form of oath of office duly completed, and(b) notification of the signing of a Roll under subrule (4) (b),then:(c) the Prothonotary shall enter or cause to be entered the name of the

person admitted in the Roll of Legal Practitioners in this State,and

(d) the person admitted shall be entitled to receive a certificatebearing the seal of this Court.

(6) This rule does not apply to proceedings commenced by notice underSection 19 (1) of the Mutual Recognition Act.

4 Application under the Mutual Recognition Act or the Trans-Tasman Mutual Recognition Act(1) This rule applies to proceedings commenced by notice under section 19

(1) of the Mutual Recognition Act or under section 18 (1) of theTrans-Tasman Mutual Recognition Act.

(2) The notice must, unless the Court otherwise orders:(a) be lodged by filing it in the registry at Sydney,(b) show the name, residential address and business address of the

applicant,(c) where the applicant is represented by a solicitor show:

(i) the name, address and telephone number of the solicitor,and

(ii) if that solicitor has another solicitor as agent in theproceedings—the name, address and telephone number ofthe agent,

(d) show an address for service,(e) be dated not more than 14 days before the date on which it is

filed, and(f) be accompanied by a certificate which:

(i) evidences the existing registration which gives rise to theentitlement of the applicant to entry in the Roll of LegalPractitioners,

(ii) is given by the proper officer:



(A) of the Supreme Court of the State or Territory wheresuch registration occurred or, where applicable, ofthe High Court of New Zealand, or

(B) of a body, having functions similar to the LegalPractitioners Admission Board, of the State orTerritory where such existing registration occurredor, where applicable, of New Zealand, and

(iii) is dated not more than 28 days before the date on which itis filed,

unless the document mentioned in section 19 (3) of the MutualRecognition Act or section 18 (3) of the Trans-Tasman MutualRecognition Act, accompanying the notice, fulfils therequirements of this paragraph.

(3) The applicant shall, on or before the day of filing, serve the notice andaccompanying documents on the Legal Practitioners Admission Board,the New South Wales Bar Association, and the Law Society of NewSouth Wales and shall file an affidavit of service within 14 days of filingthe notice.

(4) The applicant shall:(a) prior to, or(b) within 14 days after,filing the notice attend:(c) at a registry of the Court,(d) at the office of the Supreme Court of his or her State or Territory,

or(e) where application is made under the Trans-Tasman Mutual

Recognition Act—a person in New Zealand authorised underNew Zealand law to take oaths,

and take the oath of office as a legal practitioner in Form 70AA, andcause the certificate included in that Form to be completed and shall:(f) at the time of, or(g) within 14 days after,filing the notice, file the form of oath and the certificate.

(5) Despite rule 31.2 of the Uniform Civil Procedure Rules 2005:(a) the statements and other information in the notice which are

verified by statutory declaration,(b) the document mentioned in:

(i) section 19 (3) of the Mutual Recognition Act, certifiedunder section 19 (4) of that Act, or



(ii) section 18 (3) of the Trans-Tasman Mutual RecognitionAct, certified under section 18 (4) of that Act,

accompanying the notice, and(c) the certificate referred to in subrule (2) (f),are admissible in evidence and, unless the Court otherwise orders, shallnot be the subject of oral evidence by the applicant.

(6) (Repealed)(7) The application for enrolment made by the notice may be determined or

dealt with by the Court in the absence of the public and without anyattendance by or on behalf of the applicant.

(8) If the Court is satisfied that the applicant is entitled to enrolment, it shallorder that the applicant be admitted as a legal practitioner and:(a) the Prothonotary shall enter or cause to be entered the name of the

person admitted in the Roll of Legal Practitioners, and(b) the person admitted shall be entitled to receive a certificate

bearing the seal of the Court.

5 Administering oaths for other courts(1) A registrar may administer the oath of office of a Supreme Court of

another State or Territory of Australia to a New South Wales legalpractitioner who is required to take the oath for the purpose of beingadmitted as a lawyer by that court.

(2) In subrule (1) “oath of office” and “oath” include any affirmation ordeclaration that may be taken in lieu of the oath of office.

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

6 Commencement of proceedings(1) An application is referred to the Court under section 13A of the Legal

Profession Act 1987 by filing it.(2) Proceedings on a referral (the proceedings) shall be entitled “The

Application of” followed by the full name of applicant.

7 Application of rulesThese rules and the Uniform Civil Procedure Rules 2005 shall apply tothe proceedings as if the applicant were the plaintiff in the proceedings.



8 Rights of professional bodies(1) The Legal Practitioners Admission Board shall notify the applicant, the

New South Wales Bar Association and the Law Society of New SouthWales of a referral within 5 days of filing it.

(2) The New South Wales Bar Association and the Law Society of NewSouth Wales shall be entitled with the leave of the Court to be joined asa party in the proceedings.

9 Directions(1) Following commencement, the proceedings shall be listed before the

Court for directions.(2) The Court may, at any stage of the proceedings, direct that any person

be added as a party or substituted for another party or a former party orthat notice of the proceedings be served on any person in addition to orinstead of the defendant.

(3) Subrule (2) does not affect the powers of the Court under Part 7 of theUniform Civil Procedure Rules 2005.

10 EvidenceRule 31.2 of the Uniform Civil Procedure Rules 2005 shall apply toevidence in the proceedings, including evidence as to character.




Part 69 Infants’ Custody and Settlements Act rules1 Custody etc

(1) This rule applies to an application for an order under section 5 of theInfants’ Custody and Settlements Act of 1899 in respect of any minor.cf Consolidated Equity Rules of 1902, r 319.

(2) Where proceedings under that section in respect of the minor arepending in the Court:(a) the application shall be made by motion in the proceedings, and(b) notice of the motion shall, unless the Court otherwise orders, be

served on his parents or on the guardian of his person.(3) Where no proceedings under that section in respect of the minor are

pending in the Court:(a) proceedings for the order shall be commenced by summons, and(b) his parents or the guardian of his person shall, unless the Court

otherwise orders, be made defendants.cf CER, r 319.

2 Assignment of businessProceedings for orders under Part 1 of the Infants’ Custody andSettlements Act 1899 shall be commenced in the Equity Division.




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

1 Interpretation(1) In this Part, unless the context or subject matter otherwise indicates or

requires, each of the expressions:court of rendition,enforcement,judgment, andplace of rendition,has the meaning which it has in the Service and Execution of ProcessAct.

(2) For the purposes of the application of the rules, unless the context orsubject matter otherwise indicates or requires, defendant includes therespondent under section 86 or section 90 of the Service and Executionof Process Act.

2 Commencement of proceedings(1) (Repealed)(2) Proceedings in the Court under section 105 (4) of the Service and

Execution of Process Act shall be commenced by summons.(3) Proceedings in the Court on an application under section 57 (1), section

67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service andExecution of Process Act shall be commenced by summons.

(4) Proceedings in the Court on an application under section 72 (1) orsection 86 of the Service and Execution of Process Act shall becommenced:(a) where the application is in or for the purposes of or in relation to

proceedings in the Court—by motion on notice in thoseproceedings, or

(b) otherwise—by summons.

3 Title and parties(1) A document in any proceedings in the Court under Part 6 of the Service

and Execution of Process Act shall be entitled between:(a) as plaintiff, the person in whose favour judgment was given or

order made, and(b) as defendant:



(i) the person against whom execution is issued or otherproceedings taken upon the judgment registered under thatAct, or

(ii) the applicant for a stay under section 106 of that Act.(2) In proceedings under section 57 (1), section 67 (1), section 76 (1),

section 79 (1) or section 93 (1) of the Service and Execution of ProcessAct, no person shall be joined as a defendant.

4 Where service not requiredProcess by which application is made under section 57 (1), section 67(1), section 76 (1), section 79 (1), section 93 (1) or section 105 (4) of theService and Execution of Process Act need not, unless the Courtotherwise orders, be served on any person.

5 Where attendance not requiredWhere, in proceedings for an order under section 57 (1), section 76 (1)or section 79 (1) of the Service and Execution of Process Act, theplaintiff adds to the summons a request that the application be grantedunder this rule, the Court may hear the proceedings in the absence of thepublic and without any attendance by or on behalf of the plaintiff.

6 Enforcement proceedings(1) A person proceeding for enforcement of a judgment registered under the

Service and Execution of Process Act shall file an affidavit, sworn notmore than 14 days before proceedings are taken, stating:(a) that the judgment is capable of being enforced, and(b) the extent to which the judgment is capable of being enforced,in or by:(c) the court of rendition, or(d) a court in the place of rendition.

(2) The Court may notify the Sheriff of any change in the rate of interestpayable on the judgment in the court of rendition.

7 Costs and expenses of registration etc(1) The costs and expenses referred to in section 107 (1) of the Service and

Execution of Process Act shall be assessed by the Court.(2) An application for assessment of costs and expenses under subrule (1)

shall be made by filing an affidavit:(a) which contains particulars of the costs and expenses claimed, and(b) states the basis upon which the costs and expenses are claimed.



(3) The plaintiff may proceed without service of the affidavit on any party.(4) The Court may make an assessment in the absence of the public and

without any attendance by or on behalf of the plaintiff.

8 Facsimile number and e-mail addressAn application made to the Court under a provision of the Service andExecution of Process Act:(a) if made by facsimile transmission—must be transmitted to

transmission number (02) 9230 8628, or(b) if made by electronic mail—must be transmitted to the following

address:[email protected]




Part 74 Transfers of proceedings; cross-vesting laws

Divisions 1, 2 1–3 (Repealed)

Division 3 Cross-vesting laws4 Definitions

(1) In this Division, unless the context or subject matter otherwise indicatesor requires, subject Act means the Jurisdiction of Courts(Cross-vesting) Act 1987 or the Jurisdiction of Courts (Cross-vesting)Act 1987 of the Commonwealth.

(2) Expressions used in this Division shall have, unless the contraryintention appears, in relation to proceedings under a subject Act, thesame meaning as in that subject Act.

(3) In this Division a reference to an application to the Court under a subjectAct includes a reference to a request under section 6 (6) of that subjectAct.

5 Mode of applicationAny application for an order under any provision (except section 8) ofa subject Act shall be made by motion in the proceedings pending in theCourt.

6 Addition above titleWhere a party to any proceeding in the Court intends to contend that:(a) the Court should exercise jurisdiction pursuant to any provision

of a subject Act or any law of the Commonwealth or a Staterelating to cross-vesting of jurisdiction, or

(b) that the Court should transfer the proceeding to another Courtpursuant to any such provision or law,

the party shall add “Jurisdiction of Courts (Cross-vesting) Acts 1987”to the first document filed by that party.

7 Attorney-GeneralIf an application for the transfer of proceedings pending in the Court ismade by the Attorney-General of the Commonwealth or a State orTerritory under a subject Act, the Attorney-General shall not, by reasonof the application, become a party to those proceedings.



8 Application relating to transferWhere a party to any proceeding in the Court intends to contend that:(a) the Court should exercise jurisdiction pursuant to any provision

of a subject Act or any law of the Commonwealth or a Staterelating to cross-vesting of jurisdiction, or

(b) that the Court should transfer the proceeding to another Courtpursuant to any such provision or law,

the party shall, on or as soon as practicable after commencement of theproceedings, apply to the Court for a determination of the questionwhether or not the proceeding should be transferred to another Court.

9 Application of other laws or rules(1) Where a party wishes to contend that the Court should, under section 11

(1) (b) or (c) of a subject Act, apply the written law of another State orTerritory or the rules of evidence or procedure other than those appliedin the State, the party shall, as soon as practicable:(a) file notice of the contention, specifying the law or rules and

stating the grounds relied upon in support of the contention,(b) forthwith after filing the notice, serve it on each other party.

(2) The Court may, on the application of a party to a proceeding or of itsown motion, give directions in relation to the application of a law or ruleunder section 11 (1) (b) or (c) of a subject Act.



Part 75 Criminal proceedings

Division 1 General1 Application

Subject to section 17 of the Act and except as provided in this Part, therules do not apply to any of the proceedings in the Court which arespecified in the Third Schedule to the Act.

1A Criminal Appeal RulesThe Criminal Appeal Rules remain in force.

2 Rules applicableThe following provisions of these rules apply, so far as applicable, toproceedings specified in the Third Schedule to the Act (except clause(d) of that Schedule) and to proceedings to which Division 2 applies:(a) Part 1 (preliminary matters), other than Part 1 rule 11 (3),(b) Part 1A (sittings and vacations),(c) Part 2 (time),(d) Part 55 (procedure for punishment for contempt),(e) Part 61 rules 1 (4), (5) and (6), 2 and 3 (registrars),(f) Schedule F, forms 74AA, 74AB, 74AC and 74AD (subpoenas),(g) clause 1 of the matter relating to the Jury Act 1977 in Schedule J.

3 Rules applicable(1) The following provisions of the Uniform Civil Procedure Rules 2005

apply, so far as applicable, to proceedings specified in the ThirdSchedule to the Act (except clause (d) of that Schedule) and toproceedings to which Division 2 applies:(a) Part 1 (preliminary matters),(b) rules 2.1 and 2.2,(c) Part 4 (preparation and filing of documents), other than rules 4.2,

4.9 and 4.12,(d) Part 10 (service of documents generally), other than rules 10.7

and 10.16,(e) rule 29.13 (record of trial to be kept),(f) rules 31.7, 31.11, 31.12, 31.21 and 31.22,(g) Part 33 (subpoenas), other than:

(i) rules 33.3 (1), 33.3 (8), 33.6 (1) and 33.7, and


Supreme Court Rules 1970Rule 3AA

(ii) if the issuing party is the Crown, rules 33.2 (3), 33.5 and33.11,

(h) Part 35 (affidavits).(2) Part 10 of the Uniform Civil Procedure Rules 2005 (other than rules

10.7 and 10.16) applies, so far as applicable, to service of a notice oflisting under clause 10 (2) of the Criminal Procedure Regulation 1987.

(3) For the purposes of subrule (2), the address contained in a notice filedin the registry under clause 6 (1) of the Criminal Procedure Regulation1987 of an accused person’s solicitor is taken to be the accused person’saddress for service.

(4) Subject to subrule (5), Rule 31.3 of the Uniform Civil Procedure Rules2005 applies to proceedings specified in the Third Schedule to the Act(except clause (d) of that Schedule) and to proceedings to whichDivision 2 applies.

(5) Orders may not be made under Rule 31.3 of the Uniform CivilProcedure Rules 2005:(a) in respect of the evidence given by a person against whom the

proceedings are brought (an accused), or(b) that prevent an accused from attending any part of the

proceedings,without the consent of that accused.

(6) Rule 31.5 of the Uniform Civil Procedure Rules 2005 applies toproceedings specified in the Third Schedule to the Act (except clause(d) of that Schedule) and to proceedings to which Division 2 applies asif the time fixed for giving notice were not later than 21 days before thedate fixed for hearing.

3AA Forms approved by Uniform Rules Committee not to be usedDespite anything to the contrary in this Part, a form approved undersection 17 of the Civil Procedure Act 2005 is not to be used for thepurposes of proceedings in the Court that are specified in the ThirdSchedule to the Act or in proceedings to which Division 2 applies.

3A Children (Criminal Proceedings) Act 1987(1), (2) (Repealed)

(3) An application to the Court under section 45 (1) of the Children(Criminal Proceedings) Act 1987 shall be made by motion in theproceedings in respect of the offence.


Supreme Court Rules 1970 Rule 3B

3B Registrar may exercise certain powers and functions(1) Any power or function in relation to civil proceedings:

(a) that is conferred on a registrar by a provision of these rulesreferred to in rule 2, or

(b) that is conferred on a registrar by a provision of the Uniform CivilProcedure Rules 2005 referred to in rule 3, or

(c) that is required to be exercised by a registrar by an instrumentunder section 13 of the Civil Procedure Act 2005,

may be exercised by the registrar in relation to proceedings specified inthe Third Schedule to the Act (except clause (d) of that Schedule) andproceedings to which Division 2 applies.

(2) This rule does not apply to a power or function that is required to beexercised by a registrar by an instrument under section 13 of the CivilProcedure Act 2005 if the instrument states, or necessarily implies, thatthe registrar may exercise the power or function in relation to civilproceedings only.

(3) In this rule, civil proceedings has the same meaning as it has in the CivilProcedure Act 2005.

3C Evidence taken outside the StateRule 1 shall not apply to proceedings under:(a) Part 2 of the Foreign Evidence Act, or(b) the Evidence on Commission Act 1995,(to which proceedings Part 24 of the Uniform Civil Procedure Rules2005 relates).

3D Form of indictment(1) An indictment may be in Form 74AE.

cf Act No 40, 1900, s 567.

(2) No indictment shall be held bad or insufficient for failure to complywith the form prescribed by subrule (1) or with subrule (2A).cf Act No 40, 1900, s 360.

(2A) An indictment must specify the Law Part Code (if any) for each offencealleged to have been committed in the indictment.

(3) The rules, other than this rule and Form 74AE, shall not apply to anindictment in any other Court.

(4) In this rule:


Supreme Court Rules 1970Rule 3E

Law Part Code for an offence means the Law Part Code allocated to theoffence in the Lawcodes Database maintained by the JudicialCommission of New South Wales.

3E Bail applicationAn application to the Court:(a) for bail pursuant to section 22 of the Bail Act 1978, where the

accused person is not then appearing before the Court, or(b) pursuant to Part 6 of the Bail Act 1978, if made by or on behalf of

an accused person,shall be in the prescribed form.

3F Acceptable person informationA person who wishes to have a determination made that he or she is anacceptable person, for the purposes of a condition referred to in section36 (2) (b), (d), (f), or (h) of the Bail Act 1978, must file an informationform, verified by statutory declaration, in Form 74AH.

3FA Objection to confirmation of forfeiture orderAn objection under section 53C of the Bail Act 1978 to confirmation ofa forfeiture order must be in the prescribed form.

3FB Application to set aside forfeiture orderAn application under section 53K of the Bail Act 1978 to set aside aforfeiture order must be in the prescribed form.

3G (Repealed)

3H Election under s132 of Criminal Procedure Act 1986(1) An election under section 132 (1) or (5) of the Criminal Procedure Act

1986 shall:(a) be in the prescribed form,(b) in the case of an election under section 16 (1)—be endorsed with

the consent of the Director for Public Prosecutions given undersection 16 (3), and

(c) be filed before the date fixed for the trial.(2) Consent of the Director of Public Prosecutions may be endorsed under

subrule (1) (b) by that Director or an officer authorised in writing by thatDirector to give such consents.


Supreme Court Rules 1970 Rule 3HA

3HA Criminal proceedings (cf former Part 27, rule 1B)

(1) If a person has been committed for trial or is to be dealt with before theCourt, a proceeding between the prosecuting authority and the person istaken to be before the Court for the purposes of any application to theCourt under section 6 or 20 of the Evidence on Commission Act 1995 orunder section 7 of the Foreign Evidence Act 1994 of theCommonwealth.

(2) Any such application is to be made:(a) in a proceeding which is before the Court under subrule (1)—by

summons, or(b) in proceedings which are specified in the Third Schedule to the

Act—by motion in the proceedings as if the proceedings hadbeen commenced by summons, or

(c) in proceedings in the Court in its summary jurisdiction—bymotion in the proceedings.

(3) If a person has been committed for trial or to be dealt with before theDistrict Court, a proceeding between the prosecuting authority and theperson is taken to be before the District Court for the purposes of anyapplication to the Court under section 9 or 23 of the Evidence onCommission Act 1995 or under section 10 of the Foreign Evidence Act1994 of the Commonwealth.

3I Return of exhibitsWhere proceedings specified in the Third Schedule to the Act orassigned by rule 3HA or by Part 75 have been concluded and:(a) 28 days have expired since the conclusion, and(b) there is no undisposed of appeal, or application for leave to

appeal, in respect of the proceedings,the registrar may, unless the Court otherwise orders, return any exhibitsin the proceedings still in the custody of the registrar by forwardingthem to the Director of Public Prosecutions.

3J Expert witnesses(1) This rule and rule 3K apply to all criminal proceedings in the Court

(including those specified in the Third Schedule to the Act).(2) For the purposes of this rule and rule 3K:

expert witness means an expert engaged for the purpose of:(a) providing a report as to his or her opinion for use as evidence in

proceedings or proposed proceedings, or(b) giving opinion evidence in proceedings or proposed proceedings.


Supreme Court Rules 1970Rule 3K

the code means the expert witness code of conduct in Schedule 7 to theUniform Civil Procedure Rules 2005.

(3) Unless the Court otherwise orders:(a) at or as soon as practicable after the engagement of an expert as

a witness, whether to give oral evidence or to provide a report foruse as evidence, the person engaging the expert must provide theexpert with a copy of the code, and

(b) unless an expert witness’s report contains an acknowledgment bythe expert witness that he or she has read the code and agrees tobe bound by it:(i) service of the report by the party who engaged the expert

witness is not valid service for the purposes of the rules orof any order or practice note, and

(ii) the report is not to be admitted into evidence, and(c) oral evidence is not to be received from an expert witness unless:

(i) he or she has acknowledged in writing, whether in a reportrelating to the proposed evidence or otherwise in relationto the proceedings, that he or she has read the code andagrees to be bound by it, and

(ii) a copy of the acknowledgment has been served on allparties affected by the evidence.

(4) If an expert witness furnishes to the engaging party a supplementaryreport, including any report indicating that the expert witness haschanged his or her opinion on a material matter expressed in an earlierreport by the expert witness:(a) the engaging party must forthwith serve the supplementary report

on all parties on whom the engaging party has served the earlierreport, and

(b) the earlier report must not be used in the proceedings by theengaging party, or by any party in the same interest as theengaging party on the question to which the earlier report relates,unless paragraph (a) is complied with.

(5) This rule does not apply to an expert engaged before this rulecommences.

3K Conference between experts(1) The Court may do any or all of the following, with the consent of the

parties:(a) direct expert witnesses to confer (whether before or during a trial

or other proceedings),


Supreme Court Rules 1970 Rule 3L

(b) specify the matters on which they are to confer,(c) direct that they provide the Court with a joint report specifying

matters agreed and matters not agreed and the reasons for any nonagreement,

(d) direct that such conference be held with or without the attendanceof the legal representatives of the parties affected, or with orwithout the attendance of legal representatives at the option of theparties respectively,

(e) give any additional directions as may be considered necessary.(2) An expert who is the subject of an order made under subrule (1) may

apply to the Court for further directions.(3) The content of the conference between the expert witnesses is not to be

referred to at the hearing or trial unless the parties affected agree.(4) The parties may agree, at any time, to be bound by agreement on any

specified matter. In that event, the joint report may be tendered at thetrial as evidence of the matter agreed. Otherwise, the joint report maybe used or tendered at the trial only in accordance with the rules ofevidence and the practices of the Court.

(5) Where, pursuant to this rule, expert witnesses have conferred and haveprovided a joint report agreeing on any matter, a party affected may not,without leave of the Court, adduce expert evidence inconsistent with thematter agreed.

3L Recording of evidence(1) This rule applies to all criminal proceedings in the Court (including

those specified in the Third Schedule to the Act).(2) Evidence given by a witness may be recorded by video or by any other

audio-visual method as directed by the Court.

Division 2 Summary jurisdiction4 Application

This Division applies to proceedings in the Court under the Part 5 ofChapter 4 of the Criminal Procedure Act 1986 (in this Division calledthe subject Act).

5 InterpretationFor the purposes of applying rules other than this Part to proceedings towhich this Division applies, unless the context or subject matterotherwise indicates or requires, plaintiff means “prosecutor”.



5A (Repealed)

6 Rules applicableIn addition to the rules mentioned in rules 2 and 3, the followingprovisions of the Uniform Civil Procedure Rules 2005 apply, so far asapplicable, to proceedings to which this Division applies:(a) rule 4.10,(b) rules 6.15 and 6.16,(c) Part 19,(d) rule 34.1,(e) Part 36.

7 Commencement of proceedingsProceedings for an offence under any Act which may be taken beforethe Court in its summary jurisdiction shall be commenced in the Courtby summons claiming an order under section 246 of the subject Act inrespect of the offence and claiming that the defendant be dealt withaccording to law for commission of the offence.

8 Copies of orderWhen the prosecutor files the summons, he shall lodge with the registrartwo or more copies of a minute of the order which he claims.

9 Service(1) The summons and any affidavit in support of an application under

section 246 of the subject Act shall not, unless the Court so directs, beserved before the making of the order but shall be served on thedefendant when the minute of order is served on him.

(2) Subject to any Act, a minute of any order made under section 246 (1) orsection 250 (b) of the subject Act and any affidavits used to obtain eitherof those orders shall be served personally upon the defendant.

10 Evidence of serviceEvidence of service of any document in any proceedings to which thisDivision applies may be given by affidavit.

10A Privilege(1) Where the Court, by subpoena or otherwise, orders any person to

produce any document or thing, and any person makes and substantiatessufficient lawful objection to production on grounds of privilege, the



Court shall not compel production of that document or thing exceptproduction to the Court for the purpose of ruling on the objection.

(2) Where a question is put to a person in the course of examination, andany person makes and substantiates sufficient lawful objection ongrounds of privilege to the question being answered, the Court shall notcompel an answer to the question.

(3) Subrule (1) applies where an order is made for production to, andsubrule (2) applies where a question is put to a person in the course ofexamination before, the Court or a Judge or any officer of the Court, orany examiner, referee, arbitrator or other person authorised to receiveevidence, whether on a trial or hearing or on any other occasion.

(3A) Where a party to any proceedings claims privilege from production ofany document, the Court may, if it thinks fit:(a) permit evidence in relation to the claim to be given by any other

party by affidavit or otherwise, and(b) permit cross-examination on any affidavit used in support of the

claim.(4) This rule does not affect any rule of law which authorises or requires the

withholding of any document or thing or the refusal to answer anyquestion on the ground that the disclosure of the document or thing orthe answering of the question would be injurious to the public interest.

(5) Subrules (1), (2) and (3) do not apply to an objection to produce anydocument or thing or to answer any question on the ground mentionedin subrule (4).

11 Pre-trial procedures(1) The procedures prescribed by this rule shall be complete before the trial

of a case commences.(2) This rule does not apply where the person charged with an offence

pleads guilty to the offence or where the Judge dismisses the chargeunder section 249 (1) or 251 of the subject Act.

(3) In this rule, trial includes the hearing and determination of the case andthe adjudication on the case under section 250 (a) of the subject Act.

(4) The Judge may, of his own motion or on the application of a party:(a) make orders and give directions for the just and efficient disposal

of the proceedings,(b) without limiting the generality of paragraph (a), make such

orders and give such directions as may be appropriate relating to:


Supreme Court Rules 1970Rule 11A

(i) the giving by the plaintiff to the defendant of particulars orfurther and better particulars,

(ii) the giving by the plaintiff to the defendant of a list ofpersons who it is expected will be called to give evidenceat the trial or, if the Judge thinks fit, who have madestatements in writing but who it is expected will not be socalled,

(iii) the giving by the plaintiff to the defendant of a copy of anystatement made in writing by any person whose evidenceit is expected will be given at the trial or, if that person hasnot made a statement in writing or if the Judge thinks fit,of a summary of the evidence which it is expected he willgive at the trial,

(iv) the giving by the plaintiff to the defendant of a list ofdocuments or things which it is expected will be tenderedin evidence at the trial,

(v) the giving by the plaintiff to the defendant of copies ofdocuments,

(vi) inspection by the defendant of documents or of property,(vii) evidence, including evidence under section 69 of the

Evidence Act,(viii) any admission or consent of the defendant under section

184 of the Evidence Act 1995, and(ix) any alibi.

(5) The procedures prescribed by this rule are completed when the Judgecertifies that in his opinion the pre-trial procedures prescribed by thisrule have been completed.

11A Procedure where defendant does not appearIf a defendant charged with two or more offences, whether of a like ordifferent nature, does not appear at the time and place appointed for thehearing of the charges by the orders relating thereto, the Judge, uponproof in the manner prescribed of the due service of the orders upon hima reasonable time before the time appointed for his appearance, mayproceed to hear and determine all or any of the charges together andadjudicate thereon in the absence of the defendant.cf Act No 27 of 1902, s 75A.

11B Defendant to plead(1) Where the defendant appears at the hearing and has been provided with

a written copy of the charges against him, the substance of the orderunder section 246 (1) of the subject Act shall be stated to him, and he



shall be asked if he has any cause to show why he should not beconvicted or why an order should not be made against him.

(2) If he thereupon admits the truth of the charges and shows no sufficientcause why he should not be convicted or why an order should not bemade against him, the Judge shall convict him or make an order againsthim accordingly.

(3) If he does not admit the truth of the charges, the Judge shall proceed tohear the prosecutor and the witnesses whom he examines and such otherevidence as he adduces in support of the charges and to hear thedefendant and the witnesses whom he examines and such otherevidence as he adduces in his defence.cf Act No 27 of 1902, s 78.

12 (Repealed)

13 Termination of proceedings in a court of petty sessions(1) A Local Court is notified under section 255 of the subject Act of the

commencement of proceedings under the subject Act for an offencewhen a minute of the order made under section 246 of the subject Act isdelivered to a Magistrate or an authorised officer within the meaning ofthe Criminal Procedure Act 1986 at the Local Court before which theproceedings for that offence are pending.

(2) A notice stating that the proceedings in the Local Court for the offencecharged in the order have been terminated shall be served on thedefendant with the minute of order under section 246 of the subject Act.

14 Arrest warrants (cf former Part 42, rule 7)

(1) Subject to rules of court:(a) if, by subpoena or otherwise, the Court makes an order, whether

under an Act or under rules of court:(i) for a person to attend the Court for any purpose, or

(ii) for a person to produce any document or thing to the Court,and

(b) the person fails to comply with the order,the Court may issue, or make an order for the issue of, a warrant for theperson’s arrest.

(2) Subject to rules of court, an arrest warrant may be issued without noticeto the person.

(3) The Court may revoke an arrest warrant.



(4) An arrest warrant is sufficient authority for any person to whom it isaddressed, with the assistance of such police officers as may benecessary, to arrest the person named in the warrant, to convey theperson to the place specified in the warrant and to deliver the person intothe custody of the Court sitting at that place.




Part 78 Probate


In this Part, unless the context or subject matter otherwise indicates orrequires:administration includes administration with the will annexed,administration de bonis non and limited and special administrations.administrator means a person to whom administration is granted.affected person means a person whose interest in the estate of adeceased might be affected by a declaration by the Court as to whetherit is satisfied under section 18A of the former Wills Act or section 8 ofthe Succession Act (as applicable) in respect of an informaltestamentary document made by the deceased.de facto spouse has the meaning which it has in section 32G of theProbate Act.estate includes real and personal estate.grant means a grant of probate or administration.informal testamentary document means a document which purports toembody the testamentary intentions of a deceased and has not beenexecuted in accordance with the formal requirements of the ProbateAct.registrar has the same meaning as it has in the Probate Act.resealing means sealing, under section 107 of the Probate Act, probateor letters of administration.the former Wills Act means the Wills, Probate and Administration Act1898, as in force before the commencement of the Succession Act.the Probate Act means the Probate and Administration Act 1898.the Succession Act means the Succession Act 2006.will includes codicil.

2 Transition(1) Proceedings for a grant or for resealing to which Division 3 applies,

which are commenced before 1 October 1972, may be commenced andmay be continued to grant or resealing in accordance with the practice,procedure, requirements and forms in force immediately before thecommencement of the Act.

(2) Where the proceedings are commenced in accordance with subrule (1),the notice of address filed in the proceedings shall have effect as if it



were the applicant’s address for service stated in proceedingscommenced by summons in accordance with Division 3.

3 Title(1) This rule applies to proceedings:

(a) to which this Part applies,(b) in the Court under any of the following provisions of the Trustee

Companies Act 1964:(i) Section 6 (2) (grant of administration),

(ii) Section 15 (appointment of administrator),(iii) Section 18 (3) (review of commission of trustee),(iv) Section 20A (1) (filing accounts relating to an estate),(v) Section 21 (2) (ordering account relating to an estate), and

(c) on an application under section 19 (3) of the Family ProvisionAct 1982.

(2) In proceedings to which this rule applies:(a) there must be added to each document filed in the proceedings the

words “Probate List” and “In the matter of [name of person towhom proceedings relate]”,

(b) if Part 78 Division 3 applies:(i) (Repealed)

(ii) there shall be added to a summons, after the matter referredto in paragraph (a) the words:(A) “Date of death:”, with a reference to the date of the

death of the deceased,(B) “Gross value:”, with a reference to the gross value

of the estate,(C) “Net value:”, with a reference to the net value of the

estate, and(D) “Pages in will:”, with a reference to the number of

pages in the will.

4 (Repealed)

4A District agentsA registrar of a Local Court in any town beyond the distance fromSydney mentioned in section 98 (1) of the Probate Act, where a LocalCourt is held, may act as district agent for the registrar for the purposeof receiving applications for probate or administration under Division 4of Part 2 of the Probate Act.



4B Public Trustee Act 1913: “prescribed registry”The registry prescribed pursuant to section 4A of the Public Trustee Act1913 is the registry of the Equity Division.

4C Appointments for hearing for proceedings commenced by summons with no return day(1) A summons commencing proceedings under this Part (other than under

rule 69 (2) (b) or 75A) is not to state a return day.(2) A summons commencing proceedings under this Part (other than under

rule 69 (2) (b) or 75A) is to contain the following statement:“The proceedings commenced by this summons will be dealt with by aJudge or a registrar out of court. However, the Court may, of its ownmotion, appoint a date for the hearing in Court of the proceedings.”

(3) The Court may, of its own motion, appoint a date for the hearing ofproceedings commenced by summons under this Part where a returnday has not been appointed.

(4) If the Court appoints a date for the hearing of proceedings commencedby summons, the Court must give the parties, or ensure that the partiesare given, notice of the appointment at least 5 days before the dateappointed. Any such notice must be in writing or by email or facsimiletransmission.

4D Bills for moderation(1) A bill for moderation must be served on each executor, administrator or

trustee before it is filed.(2) A request for moderation must be endorsed on the bill in the prescribed

form and signed by each executor, administrator and trustee.

Division 2 Registrar5 Powers of the registrar

(1) The registrar may exercise the powers of the Court in and about:(a) proceedings to which Division 3 applies (including making a

grant on presumption of death and giving leave in the grant todistribute the estate),

(b) granting leave to creditors to commence proceedings for a grantof administration,

(c) assigning guardians or minors,(d) setting and issuing citations,(e) appointing tutors of disable persons,



(f) passing the accounts of executors, administrators and trustees,including the allowing of commission or percentage to executors,administrators and trustees for their pains and trouble and costsin connection with accounts,

(g) granting further time to executors, administrators, or trustees tofile, or file and pass, or verify and file, or verify, file and passtheir accounts or pass accounts filed,

(g1) declaring whether it is satisfied under section 18A of the formerWills Act or section 8 of the Succession Act (as applicable)where:(i) to the extent that rules 34E (1) or 34E (3) are applicable:

(A) those rules have been complied with, or(B) the Court has dispensed with compliance with those

rules,and no appearance has been entered within the time limitedfor entry of an appearance to a notice served under eitherof those rules, or

(ii) the value of the interest in the estate that would be affectedby a declaration being made under that section does notexceed $30,000,

(g2) dispensing with compliance with the requirements of rule 34E (1)on the grounds mentioned in rule 34E (2),

(g3) making orders under rule 34H (4) (b),(g4) granting leave under rule 34H (5),(g5) giving directions under rule 34I (c) (ii),(g6) making orders under rule 69 in relation to caveats lodged under

rule 62A,(h) making orders under section 85 (1), (1AA), (1A), (1B), (2), (4)

and (5) of the Probate Act,(i) ordering executors, administrators or trustees to show cause

before the Court under subsection (2) of section 87 of the ProbateAct,

(j) ordering executors, administrators or trustees ordered to showcause before the Court under section 87 (2) of the Probate Act tofile, or verify and file, an inventory or to file, or file and pass, orverify and file, or verify, file and pass their accounts,

(k) issuing documents under section 91 (2) of the Probate Act,(l) barring of claims under section 93 of the Probate Act and the

making of any other order that the Court may make undersub-section (2) of that section,



(m) withdrawal of caveats under section 148 of the Probate Act,(n) revocation or rescission of grants of probate or administration

except where the revocation or rescission is contested or an orderfor provision under the Family Provision Act 1982 has beenmade,

(o) authorisation of the sale, lease or mortgage of any of the realestate as to which any person dies intestate where the gross valueof such real estate does not exceed $60,000, and no objection israised to the sale, lease or mortgage,

(p) orders under section 18 (3) of the Trustee Companies Act 1964(which subsection relates to the review of Commission),

(q) declaring whether it is satisfied under section 13 (2) (c), 15A (2)(a) or 29A (1) of the former Wills Act or under section 10 (3) (c)or 27 (1) of the Succession Act (as applicable) where:(i) rule 34C (1) has been complied with and no appearance

has been entered by any person cited, or(ii) the value of the interest in the estate that would be effected

by a declaration made under that section does not exceed$30,000,

(r) making orders under section 150 (1) of the Probate Act,(s) making a declaration under section 21 (2) of the Status of

Children Act 1996 where:(i) the person whom it is sought to have declared as a parent

(the alleged parent) of the child in question is deceased,and

(ii) the registrar makes the declaration at the same time as theregistrar makes a finding as to whether the alleged parentis a parent of the child in proceedings to which Division 3applies for a grant or resealing in respect of the allegedparent’s estate,

(t) making an appointment for hearing for a summons under rule 4C(3),

(u) requiring further evidence to be furnished, further documents tobe filed or notices to be given in any proceedings.

(2) Where the Court refers any matter to the registrar for the exercise inrespect of that matter of any powers of the Court, the registrar mayexercise in respect of that matter that power.

(3)–(5) (Repealed)



6 Review of registrar’s decisionDivisions 4 and 5 of Part 49 of the Uniform Civil Procedure Rules 2005do not apply in respect of the registrar except where the registrar:(a) declares whether he is satisfied under section 13 (2) (c), 15A (2)

(a), 18A or 29A (1) of the former Wills Act or under section 10(3) (c) or 27 (1) of the Succession Act (as applicable), or

(b) makes an order in proceedings for passing accounts or for passingaccounts and for commission.

Division 3 Non-contentious proceedings for grant or resealing

7 Application of DivisionThis Division applies to proceedings for a grant or for resealing where:(a) there is no defendant, other than a defendant who may take part

in the proceedings only to the extent permitted by Part 78 rule 34I(c), and

(b) no person is cited to see the proceedings.

8 Commencement of proceedings(1) Proceedings for the grant or resealing shall be commenced by summons

in the form approved by the Uniform Rules Committee.(2) A person who files a summons under this rule must also file:

(a) 2 separate sets of the following documents, each stapled togetheron the left hand side, in the following order:(i) the proposed form of the grant of probate, administration

or reseal (as the case may be) in the form approved by theUniform Rules Committee,

(ii) if applicable, a copy of the grant of representation soughtto be resealed,

(iii) if relevant, a copy of the will and any codicils,(iv) the inventory of the assets of the estate, and

(b) a stamped self-addressed A4 envelope.(3) In this rule, Uniform Rules Committee means the Uniform Rules

Committee established under section 8 of the Civil Procedure Act 2005.

9 Hearing(1) The proceedings may be heard:

(a) in the absence of the public, and



(b) without the appearance before the Court of any person.(2) The proceedings shall be heard without an appointment being obtained

for the hearing.(3) Rules 6.14, 6.15 and 6.16 of the Uniform Civil Procedure Rules 2005

do not apply.(4) Subrules (1) and (2) do not apply to any parts of the proceedings in

which a person who has entered an appearance under rule 34H (1) maytake part.

10 Publication of notice of intended application(1) Notice, in the form prescribed, of an intended application for a grant or

for resealing shall be published:(a) if the deceased was resident at the date of his death in the State—

in a newspaper circulating in the district where the deceasedresided, or

(b) otherwise—in a Sydney daily newspaper.(2) A notice under subrule (1) shall state the date or dates of any will and

each codicil (if any) sought to be proved or where the document bearsno date a statement of this fact and of the approximate date, if known.

(3) Where it is intended to apply for dispensing with an administrationbond, or with one or both of the sureties, or for reduction of the penaltyof the bond, the notice under subrule (1) shall require creditors to sendin their claims.

(4) Subrules (2) and (3) shall not apply in respect of an application for agrant of administration as referred to in section 41A (1) of the ProbateAct (which subsection relates to administration for the purposes only ofan application under the Family Provision Act 1982).

(5) The Court may require further advertisement.

11 Delay(1) Where proceedings for a grant:

(a) are not commenced until six months or more after the death of thedeceased, and

(b) are the first proceedings for a grant,the plaintiff shall file an affidavit explaining the delay.

(2) Subrule (1) shall not apply in respect of proceedings for a grant ofadministration as referred to in section 41A (1) of the Probate Act(which subsection relates to administration for the purposes only of anapplication under the Family Provision Act 1982).



12 Domicile out of New South WalesWhere it appears in proceedings for a grant or for resealing that thedeceased was domiciled out of New South Wales, the Court may requireevidence of:(a) the domicile of the deceased,(b) the requirements of the law of the domicile as to the validity of

any will made by the deceased,(c) the law of the domicile as to the person entitled in distribution of

the estate.

13 IdentityThe Court may, in proceedings for a grant, require proof of the identityof the deceased or of the plaintiff.

14 Renunciation(1) Where a person has renounced probate or administration, he shall not be

granted representation of the deceased in another capacity.(2) A renunciation by an executor of probate may be made in the form

prescribed.

15 Will not sufficiently attested(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will which does not contain a sufficient attestation clause orcontains no attestation clause.

(2) The plaintiff shall file an affidavit in the form prescribed by one or moreof the attesting witnesses as to due execution of the will.

(3) Where the plaintiff is unable to comply with subrule (2) he shall file anaffidavit explaining the reason for the inability and an affidavit by someperson, other than an attesting witness, who was present when the willwas executed.

(4) Where the plaintiff is unable to comply with subrule (2) or with subrule(3), he shall furnish evidence, on affidavit, of the reason for the inabilityand of the identity of the signature of the testator and of the attestingwitnesses respectively or of any other facts from which it may beinferred that the will was duly executed.

16 Testator’s knowledge and approval of contents(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and:(a) the will appears to have been signed by a blind testator,



(b) the will appears to have been signed by an illiterate testator,(c) the will appears to have been signed by another person by

direction of the testator, or(d) there are circumstances which raise doubt whether the testator, at

the time of execution of the will, knew and approved of thecontents of it.

(2) The plaintiff shall furnish evidence on affidavit which establishes thatthe testator, at the time of execution of the will, knew and approved ofits contents.

(3) Where any of the evidence is that of an attesting witness or other personpresent at the time of execution, his affidavit shall state the manner inwhich the will was executed.

17 Further evidence as to executionWhere in proceedings for a grant the plaintiff seeks to prove a will and,notwithstanding that the plaintiff has complied with rules 15 and 16, theCourt considers that there is some doubt about the execution of the willor that any circumstance in connection with the execution requiresexplanation, the Court may require further evidence.

18 Date of execution(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and the will is undated or there appears to be doubt as to thedate on which it was executed.

(2) The Court may require evidence establishing the date of the execution.

19 Interlineations, obliterations and alterations(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and:(a) an interlineation, obliteration or alteration appears in the will, and(b) the interlineation, obliteration or alteration has not been duly

authenticated or otherwise validated.(2) The Court may require evidence establishing whether the interlineation,

obliteration or alteration was made before the execution of the will.

20 Documents referred to or attached(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and:(a) the will contains a reference to a document that suggests that the

document may be incorporated in the will, or



(b) there are marks on the will from which it appears that a documenthas been attached to it.

(2) The Court may require:(a) production of the document, and(b) evidence in regard to it.

21 Part of will paper torn off or cut off(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and it appears that part of the paper on which the will waswritten has been torn off or cut off.

(2) The Court may require:(a) production of the part torn off or cut off, and(b) evidence in regard to it.

22 Burning, tearing or other sign of revocation(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and:(a) the appearance of the will suggests that there may have been an

attempted destruction of it by burning, tearing or otherwise, or(b) there are other circumstances which suggest that the testator may

have revoked the will.(2) The circumstances shall be fully explained on affidavit.

23 Inoperative will(1) This rule applies where in proceedings for a grant the plaintiff seeks to

prove a will and it appears that the will is or may be inoperative or partlyinoperative by reason of the executors and beneficiaries allpredeceasing the testator or for any other reason.

(2) The Court may require evidence:(a) as to matters relevant to whether the will is inoperative or partly

inoperative, and(b) showing what persons would be entitled in distribution of the

estate upon intestacy and where it is claimed that the whole orpart of the estate is required to be held in trust for a de facto wife,de facto husband or de facto spouse of the deceased, showing thatthe estate or part is required to be held in trust for her or him.

23A (Repealed)



23B Proof of death otherwise than by death certificateOn an application under rules 24–26A or rule 28, the Court may allowa death to be proved otherwise than by means of a death certificate.

24 Evidence in support of application for probate(1) An application for probate shall be supported by affidavit:

(a) in Form 97,(b) where the deceased died on or after 1 November 1989 and he or

she made any informal testamentary document—of the name andaddress of every person who is an affected person in relation tothe estate of the deceased (designating as a disable person anyperson who, in the plaintiff’s opinion, is or may be a disableperson) or, where the name and address of an affected personcannot be ascertained, the best information the plaintiff can giveto assist in ascertaining the name, address and identity of theaffected person,

(c) where the plaintiff relies on section 15A of the former Wills Act(relating to termination of marriage)—stating the facts uponwhich the plaintiff relies, and

(d) where the deceased died before 1989—of search in the registryfor, and no evidence of any prior application for, any grant orresealing.

(2) Where an executor has renounced probate:(a) evidence of the renunciation shall be furnished, and(b) where a renunciation has been signed by the executor—the

renunciation shall be filed.(3) Where an executor is not joining in the application and leave is sought

to be reserved to him or her to come in and apply for probate, evidenceshall be furnished that he or she has been served, not less than 14 daysbefore the proceedings for grant are commenced, with notice of theintended proceedings or that he or she is not in New South Wales or thathe or she is a minor.

(4) The notice referred to in subrule (3) shall be served personally or bysending the notice by certified mail to the executor and obtaining fromthe postal authorities a written acknowledgement, purporting to besigned by him or her, of receipt of the certified article.

(5) Where the testator died before 31 December 1981:(a) paragraph 10 of Form 97 shall be omitted, and(b) the affidavit required by subrule (1) (a) shall state that the

plaintiff will administer the estate of the deceased according to



law and will render a just and true account of the administrationof it to the Court within 12 months from the date of grant.

24A Evidence in support of application for administration(1) This rule applies to an application for administration of the estate of a

deceased who died after the commencement of Schedule 2.25 of theProperty (Relationships) Legislation Amendment Act 1999 (other thanan application by or on behalf of a de facto spouse or for administrationwith the will annexed or as referred to in section 41A (1) of the ProbateAct, which subsection relates to administration for the purposes only ofan application under the Family Provision Act 1982).

(2) The application shall be supported by affidavit:(a) in Form 98,(b) where the deceased made any informal testamentary document—

of the name and address of every person who is an affectedperson in relation to the estate of the deceased (designating as adisable person any person who, in the plaintiff’s opinion, is ormay be a disable person) or, where the name and address of anaffected person cannot be ascertained, the best information theplaintiff can give to assist in ascertaining the name, address andidentity of the affected person, and

(c) in the prescribed form, showing that the deceased did not leave aperson for whom the estate or part is required to be held in trustunder section 61B (3A) (a) or (3B) (a) or (b) (ii) of the ProbateAct or, by the operation of section 32G (2) of that Act (whichprovisions relate to a de facto spouse) under any other provisionof that Act.

(3) Where the grant is applied for by less than all the persons who are inNew South Wales and are entitled to a grant of administration, theapplication must be supported by:(a) the consent, in the form prescribed, of each such person entitled

to a grant but not applying for the grant, to the grant being madeto the plaintiff, with an affidavit verifying the consent endorsedon the document containing the consent, or

(b) an affidavit as to service, not less than 14 days before theproceedings are commenced, upon each of those persons whoseconsent to the grant is not filed, of notice of intention to make theapplication.

(4) The notice referred to in subrule (3) (b) shall be served:(a) personally, or(b) by sending a copy of the notice:



(i) in the case of service within Australia—by certified mail tothe person to be served, and

(ii) in the case of service outside Australia—registered post tothe person to be served,

and by obtaining from the postal authorities a writtenacknowledgment, purporting to be signed by that person, ofreceipt of the certified or registered article.

(5) Subject to subrule (6):(a) an administration bond, in the form prescribed, shall be filed, and(b) except where the bond is given by a guarantee company approved

by the Court, there shall be 2 sureties to the bond.(6) The Court may:

(a) dispense with the bond,(b) dispense with one or both of the sureties, or(c) reduce the penalty of the bond.

(7) Where dispensing with the bond or with one or both of the sureties, orreduction of the penalty of the bond, is sought, an affidavit shall be filedin support of the dispensing or the reduction.

(8) Where there is a surety to a bond, an affidavit of justification by thesurety, in the form prescribed, shall be filed.

25 Evidence in support of application for administration(1) This rule applies to an application for administration of the estate of a

deceased who died before the commencement of Schedule 2.25 of theProperty (Relationships) Legislation Amendment Act 1999 (other thanan application by or on behalf of a de facto wife or de facto husband orfor administration with the will annexed or as referred to in section 41A(1) of the Probate Act, which subsection relates to administration for thepurposes only of an application under the Family Provision Act 1982).

(2) The application shall be supported by affidavit:(a) in Form 98,(b) where the deceased died on or after 1 November 1989 and he or

she made any informal testamentary document—of the name andaddress of every person who is an affected person in relation tothe estate of the deceased (designating as a disable person anyperson who, in the plaintiff’s opinion, is or may be a disableperson) or, where the name and address of an affected personcannot be ascertained, the best information the plaintiff can giveto assist in ascertaining the name, address and identity of theaffected person,



(c) where the deceased died before 1 July 1977 without issue—whether he or she was born legitimate,

(d) where the deceased died before 1978 and, pursuant to the ProbateAct, the estate of the deceased held in statutory trust for issue isdivisible into shares—of the particulars and value of any moneyor property which by way of advancement or on marriage of achild of the deceased has been paid to that child by the deceasedfor the benefit of that child,

(e) where the deceased died before 1989—of search in the registryfor, and no evidence of any prior application for, any grant orresealing, and

(f) where the deceased died on or after 1 July 1985—in theprescribed form, showing that the deceased did not leave a personfor whom the estate or part is required to be held in trust undersection 61B (3A) (a) or (3B) (a) or (b) (ii) of the Probate Act or,by the operation of section 32G (2) of that Act (which provisionsrelate to a de facto wife, etc) under any other provision of thatAct.

(3) Rule 24A (3)–(8) apply to an application to which this rule applies.(4) Where the deceased died before 31 December 1981:

(a) paragraph 9 of Form 98 shall be omitted, and(b) the affidavit required by subrule (2) (a) shall state that the

plaintiff will administer the estate of the deceased according tolaw and will render a just and true account of the administrationof it to the Court within 12 months from the date of grant.

25A Evidence in support of application for administration by de facto wife, de facto husband or de facto spouse(1) This rule applies to an application for administration by or on behalf of

a de facto wife, de facto husband or de facto spouse (other thanadministration as referred to in section 41A (1) of the Probate Act,which subsection relates to administration for the purposes only of anapplication under the Family Provision Act 1982).

(2) The application shall be supported by affidavit:(a) in Form 98,(b) where the deceased died on or after 1 November 1989 and he or

she made any informal testamentary document—of the name andaddress of every person who is an affected person in relation tothe estate of the deceased (designating as a disable person anyperson who, in the plaintiff’s opinion, is or may be a disableperson) or, where the name and address of an affected person



cannot be ascertained, the best information the plaintiff can giveto assist in ascertaining the name, address and identity of theaffected person,

(c) where the deceased died before 1989—of search in the registryfor and no evidence of any prior application for any grant orresealing, and

(d) which:(i) if the deceased died before the commencement of

Schedule 2.25 of the Property (Relationships) LegislationAmendment Act 1999—is in Form 103A sworn by the defacto wife or de facto husband,

(ii) otherwise—is in Form 103AA sworn by the de factospouse,

showing that the estate or part is required to be held in trust for her orhim.

(3) The application must be supported by:(a) in the form prescribed, the consent of each person who is not

applying for a grant and who is entitled in distribution of theestate or would, if the deceased had not left a de facto wife, defacto husband or de facto spouse, have been so entitled, to thegrant being made to the plaintiff, with an affidavit verifying theconsent endorsed on the document containing the consent, or

(b) an affidavit as to service:(i) within the State—not less than 14 days before proceedings

are commenced, or(ii) outside the State—not less than 28 days before

proceedings are commenced,upon each of those persons whose consent to the grant is not filedof:(iii) affidavits required by subrule (2) (a), (b) and (d) duly

sworn, and(iv) notice in the prescribed form.

(4) The affidavits and notice referred to in subrule (3) (b) shall be served:(a) personally, or(b) by sending copies of them:

(i) in the case of service within Australia—by certified mail tothe person to be served, and

(ii) in the case of service outside Australia—by registered postto the person to be served,



and by obtaining from the postal authorities a writtenacknowledgment, purporting to be signed by that person, ofreceipt of the certified or registered article.

(5) Rule 24A (5)–(8) apply to an application to which this rule applies.

26 Evidence in support of application for administration with will annexed(1) An application for administration with the will annexed shall be

supported by:(a) the affidavits and documents, so far as appropriate, referred to in

rule 24A, 25 or 25A, and(b) the affidavits and documents which, if the application were an

application for probate of the will, would be required by rule 24(1) (a), (b) and (c) and (2).

(2) An affidavit of the plaintiff pursuant to subrule (1) shall be in Form 104.(3) Where the executor or the executors named in the will renounces or

renounce probate in favour of the Public Trustee, in the form prescribed,administration with the will annexed may be granted to the PublicTrustee without the consent or citation of any person.

(4) Where the deceased died before 31 December 1981:(a) paragraph 11 of Form 104 shall be omitted, and(b) the affidavit required by subrule (1) shall state that the plaintiff

will administer the estate of the deceased according to law andwill render a just and true account of the administration of it tothe Court within 12 months from the date of grant.

26A Evidence in support of application for administration for the purposes only of the Family Provision Act 1982(1) An application for a grant of administration as referred to in section 41A

(1) of the Probate Act shall be supported by affidavit:(a) in Form 105A,(b) where the plaintiff is aware of any proposal by any other person

to make an application for a grant—of service, not later than 14days before commencement by the plaintiff of the proceedingsfor a grant, on the other person, of a notice of the plaintiff’sintention to commence the proceedings, and

(c) where the deceased died before 1989—in the form prescribed, ofsearch in the registry for and no evidence of any prior applicationfor any grant or resealing.

(2) The notice referred to in subrule (1) (b) shall be served:(a) personally, or



(b) by sending a copy of the notice:(i) in the case of service within Australia—by certified mail to

the person to be served, and(ii) in the case of service outside Australia—by registered post

to the person to be served,and by obtaining from the postal authorities a writtenacknowledgement, purporting to be signed by that person, ofreceipt of the certified or registered article.

27 Notice to Crown Solicitor of application for administration(1) Where the deceased was illegitimate and dies before 1 January 1955,

notice of an application for administration shall be served upon theCrown Solicitor if the deceased:(a) was a bachelor or spinster,(b) was a widower or widow without issue, or(c) left a widow or widower but no issue and the net value of the

estate is sworn to be in excess of $2,000.(2) Where the deceased was illegitimate and died after 1 January 1955 and

before 1 July 1977 without leaving his mother surviving, notice of anapplication for administration shall be served upon the Crown Solicitorif the deceased:(a) was a bachelor, or(b) was a spinster, widower or widow and died without issue.

(3) Where the deceased died on or after 1 July 1977 without leaving anynext of kin surviving, notice of an application for administration (exceptadministration with the will annexed) shall be served upon the CrownSolicitor.

28 Evidence in support of application for resealing(1) An application for resealing shall be supported by affidavits:

(a) in Form 106,(b) where the deceased died on or after 1 November 1989 and made

any informal testamentary document—of the name and addressof every person who is an affected person in relation to the estateof the deceased (designating as a disable person any person who,in the plaintiff’s opinion, is or may be a disable person) or, wherethe name and address of an affected person cannot be ascertained,the best information the plaintiff can give to assist in ascertainingthe name, address and identity of the affected person,

(c) annexing certified copies of any relevant documents, and



(d) where the deceased died before 1989—of search in the registryfor and no evidence of any prior application for any grant orresealing.

(2) Subrules (5), (6), (7) and (8) of rule 24A apply as if the application werean application for administration.

(3) A copy of the document sought to be sealed, certified by the Court or bythe court which made the grant, must be filed.

(4) All relevant original documents must be produced.(5) (Repealed)

28A Affidavit of additional assets: cf s 81A (2) of the Probate ActAn executor, administrator or trustee of the estate of a person who dieson or after 31 December 1981 shall disclose assets or liabilities pursuantto section 81A (2) of the Probate Act (which subsection relates todisclosing assets not previously disclosed) by filing an affidavit in theprescribed form.

Division 4 Administration during minority29 Administration during minority

(1) The Court may grant administration during minority, for the use andbenefit of minors, to:(a) the legal or testamentary guardian of the minors,(b) a guardian elected as provided by rule 30, or(c) a guardian of the minors assigned, on his application, by the

Court.(2) A grant of administration during minority shall be subject to such

limitations and conditions as the Court thinks fit.

30 Elected guardians(1) A minor who is aged 16 years or upwards may elect a guardian for the

purpose of applying for a grant of administration.(2) The elected guardian may act also for minors who are less than 16 years

of age but who are in the same family as the minor who elected.(3) Notwithstanding the election of a guardian the Court may grant

administration to any person who is referred to in paragraphs (a) or (c)of subrule (1) or rule 29 and whom it considers to be more appropriateor better fitted to act as guardian.



(4) A grant shall not be made to an elected guardian unless evidence of hiselection and of his appropriateness and fitness to be guardian isfurnished.

31 Assigned guardian(1) Application by a person for an order assigning him as the guardian of

minors for the purpose of applying for administration shall be made bysummons.

(2) There shall be no defendant in the proceedings.(3) The proceedings may be heard:

(a) in the absence of the public, and(b) without the appearance before the Court of any person.

(4) The proceedings shall be heard without an appointment being obtainedfor the hearing.

(5) The application shall be supported by evidence of the relationship, ifany, of the proposed guardian to the minors and of his appropriatenessand fitness to act as guardian.

(6) A draft minute of the order sought shall be lodged with the registrar.(7) The order shall be entered.(8) The order may be entered at any time after the minute of it is signed.

Division 5 Applications by creditors for administration32 (Repealed)

33 Citations(1) A creditor who desires to commence proceedings for a grant of

administration in circumstances where the deceased has left a will must:(a) file an affidavit in proof of the debt to the creditor, and(b) where an executor is appointed by the will and has not renounced

probate—serve a citation to take probate on the executor, and(c) where the executor fails to comply with the citation to take

probate—serve a citation to pray for administration:(i) on every beneficiary under the will, and

(ii) in the case of a partial intestacy, on every person entitledin administration of the estate on intestacy.

(2) Where the executor has been served with a citation to take probate andhas failed to comply with the citation, it is not necessary, unless the



Court otherwise directs, to serve him a citation to pray foradministration.

(3) Where an executor is appointed by the will and has not renouncedprobate, the creditor shall not serve a citation to pray for administrationunless he has complied with paragraph (a) of subrule (1) and theexecutor has failed to comply with a citation to take probate.

(4) Where a creditor desires to commence proceedings for a grant ofadministration and the deceased did not leave a will, he shall serve uponevery person entitled in administration of the estate upon intestacy acitation to pray for administration.

(5) In any proceedings commenced by a creditor for a grant ofadministration, the creditor must file an affidavit of compliance withthis rule and that none of the persons cited has complied with thecitation.

(6) In any proceedings commenced by a creditor for a grant ofadministration, the Court may require any one or more of the following:(a) that further evidence be furnished to the Court,(b) that further citations be served,(c) that further notices be given.

(7) The Court may, if it thinks fit, refuse or withhold a grant ofadministration to a creditor even if the creditor has complied with thisrule.

34 (Repealed)

Division 5A Proceedings under sections 13, 15A and 29A of the former Wills Act or sections 10 and 27 of the Succession Act

34A Form of consent(1) A consent mentioned in section 13 (2) (b) of the former Wills Act or

section 10 (3) (b) of the Succession Act (as applicable) may be given inthe form prescribed with an affidavit verifying the consent added to theform of consent.

(1A) A consent to an order referred to in rule 34C (1) shall be in the formprescribed with an affidavit verifying the consent added to the form ofconsent.

(2) The consent shall be filed in the registry.



34B Plaintiff sole executor etc (s 13 of former Wills Act; s 10 of Succession Act)(1) The originating process on an application for an order under section 13

(2) (c) of the former Wills Act or section 10 (3) (c) of the SuccessionAct (as applicable) shall not join as a defendant:(a) any person, where any plaintiff is the sole executor or

administrator,(b) any person, where there is sufficient reason for not doing so.

(2) Notwithstanding subrule (1), the Court may, at any stage of theproceedings, direct that any person be added as a party or substituted foranother party or a former party or that notice of the proceedings beserved on any person in addition to or instead of the defendant.

(3) (Repealed)(4) Rule 7.6 of the Uniform Civil Procedure Rules 2005 (which relates to

representative orders) applies to proceedings for an order under section13 (2) (c) of the former Wills Act or section 10 (3) (c) of the SuccessionAct (as applicable) as it applies to proceedings mentioned in subrule (1)of that rule.

34C Citations etc (ss 13, 15A and 29A of former Wills Act; ss 10 and 27 of Succession Act)(1) A person whose interests would be adversely affected by an order under

section 13 (2) (c), 15A (2) (a) or 29A (1) of the former Wills Act orunder section 10 (3) (c) or 27 (1) of the Succession Act (as applicable)shall, within 14 days of commencement of proceedings for the order, becited to see the proceedings unless the person has consented asprescribed by rule 34A.

(2) On an application for any order mentioned in subrule (1), the applicantfor the grant shall file an affidavit showing the persons whose interestswould be adversely affected if the order was made.

34D Notice of intention to distribute (s 13 (3) of former Wills Act)A notification under section 13 (3) of the former Wills Act may be inthe form prescribed.

Division 5B Proceedings under section 18A of the former Wills Act and section 8 of the Succession Act

34E Consent of or notice to affected persons(1) Subject to rule 34J, an applicant for a grant in relation to an estate shall,

in respect of any person whose interest in the estate might be affected


Supreme Court Rules 1970Rule 34F

by a declaration by the Court as to whether the Court is satisfied undersection 18A of the former Wills Act or section 8 of the Succession Act(as applicable) in respect of an informal testamentary document madeby the deceased:(a) if the affected person is not a disable person—file a consent, in

the form prescribed, of the affected person, or(b) serve notice, in the form prescribed, on the affected person,in respect of the informal testamentary document.

(2) The grounds on which the Court may dispense with compliance withany of the requirements of subrule (1) include that:(a) the affected person is a disable person,(b) the affected person cannot be ascertained or cannot readily be

ascertained,(c) the affected person, though ascertained, cannot be found, and(d) though the affected person can be ascertained and found, it

appears to the Court expedient (regard being had to all thecircumstances, including the amount at stake and the degree ofdifficulty of the point to be determined) to dispense withcompliance for the purpose of saving expense.

(3) The applicant for the grant shall serve notice, in the form prescribed, oneach person who has lodged a caveat under rule 62A which is in force.

34F Consenting or notified person to be bound by declarationA person:(a) whose consent is filed under rule 34E (1) (a),(b) upon whom notice is served under rule 34E (1) (b) or rule 34E

(3), or(c) in respect of whom the Court has dispensed with compliance with

the requirements of rule 34E (1) or rule 34E (3),shall be bound by a declaration made by the Court as to whether it issatisfied under section 18A of the former Wills Act or section 8 of theSuccession Act (as applicable) in respect of any informal testamentarydocument referred to in the consent, or in the notice, to the same extentas if the person were a party at the time when the declaration was made,except where the declaration has been obtained by fraud ornon-disclosure of material facts.

34G Service of notice(1) This rule applies to notices to be served under rule 34E.(2) A notice may be served outside the State.


Supreme Court Rules 1970 Rule 34H

(3) Part 11 of the Uniform Civil Procedure Rules 2005 does not apply toservice of a notice under rule 34E.

(4) A notice shall be served:(a) personally, or(b) where the person upon whom the notice is to be served is not a

disable person, by sending the notice:(i) in the case of service within Australia—by certified mail to

the person to be served, and(ii) in the case of service outside Australia—by registered post

to the person to be served,and by obtaining from the postal authorities a writtenacknowledgement, purporting to be signed by that person, ofreceipt of the certified or registered article.

(5) Service of a notice on a disable person shall not take effect before theappointment of a tutor for the disable person.

34H Appearance by person upon whom notice is served(1) A person upon whom a notice is served under rule 34E may enter an

appearance in the proceedings.(2) Division 3 of Part 6 of the Uniform Civil Procedure Rules 2005 (which

relates to appearance) applies to appearance by a person upon whom thenotice is served as if that person were a defendant in the proceedings.

(3) Rule 12.11 of the Uniform Civil Procedure Rules 2005 does not applyto proceedings to which this Division applies.

(4) The time to be limited by the notice for the person upon whom it isserved to enter an appearance, shall be in the case of service:(a) within the State or the Australian Capital Territory—not less than

14 days after service, or(b) elsewhere—not less than 28 days after service or such other time

as the Court may order.(5) An appearance shall not be entered after the expiration of the time

limited except by the leave of the Court.

34I Person appearing becomes partyWhere a person enters an appearance under rule 34H (1) in anyproceedings within the time limited for filing an appearance in respectof a notice served on him under rule 34E in the proceedings:


Supreme Court Rules 1970Rule 34J

(a) that notice, and any notice served on the person under rule 34E inthe proceedings after the entry of the appearance, is in this rulecalled a contested notice,

(b) the person shall, upon entering the appearance, become adefendant in the proceedings and the proceedings shall continueas if he were joined as a defendant by the originating process andas if he were served with the originating process on the day onwhich he was served with the notice,

(c) the person shall take part only in such parts of the proceedings:(i) as relate to the Court declaring whether it is satisfied under

section 18A of the former Wills Act or section 8 of theSuccession Act (as applicable) in respect of each informaltestamentary document to which a contested notice servedunder rule 34E (1) relates, or

(ii) as the Court directs, and(d) the person shall cease to be a defendant in the proceedings upon

the conclusion of those parts of the proceedings referred to inparagraph (c).

34J Defended proceedingsWhere there is a defendant to any proceedings for a grant the applicantfor the grant:(a) shall not comply with rule 34E in respect of the defendant, and(b) shall serve on the defendant a copy of any informal testamentary

document made by the deceased.

Division 6 Contentious proceedings for grant or resealing35 Application of Division

This Division applies to applications for a grant or for resealing where:(a) there is a defendant, other than a defendant who may take part in

the proceedings only to the extent permitted by Part 78 rule 34I(c), or

(b) a person is cited to see the proceedings.

36 Commencement of proceedings(1) Where there is a defendant the proceedings shall be commenced by

statement of claim.(2) Where there is no defendant the proceedings shall be commenced by

summons.



37 AdmissionsRule 17.7 of the Uniform Civil Procedure Rules 2005 (which relates tojudgment or order on admissions) does not apply to proceedings towhich this Division applies.

37A Interest suits(1) Where a defendant opposes a grant and the plaintiff disputes the

standing of the defendant to do so, the plaintiff shall, in his statement ofclaim, allege the absence of standing.

(2) Where a party claims a grant of administration and another party allegesabsence of title of the claimant to do so, the party alleging absence oftitle shall allege facts which, if proved, will show that he has title toclaim the grant.cf RSC (Rev) 1965, O 76, r 9 (1) and (2).

Division 7 Proceedings for revocation of grant38 Deposit of grant

Where proceedings have been commenced for revocation of a grant theCourt may on the application of the plaintiff, or of its own motion, orderthe executor or administrator to deposit the grant in the registry.

39 Order before commencement of proceedingsIn an urgent case, the Court may, on the application of a person whointends to commence proceedings for revocation of a grant, order theexecutor or administrator to deposit the grant in the registry to the sameextent as if the applicant had commenced the proceedings and theapplication were made in the proceedings.

40 Commencement of non-contentious proceedingsProceedings for revocation of a grant shall, where there is no defendant,be commenced by summons.

40A Search for orders under the Family Provision Act 1982An application for revocation or rescission of a grant shall be supportedby an affidavit of search in the registry of the Equity Division againstthe name of the deceased, showing whether or not any order forprovision under the Family Provision Act 1982 has been made.cf Act No 160, 1982; s 19 (3).

41 Hearing(1) Where there is no defendant, proceedings may be heard:



(a) in the absence of the public, and(b) without the appearance before the Court of any person.

(2) The proceedings shall be heard without an appointment being obtainedfor the hearing.

42 Minute of order(1) A draft minute of the order sought shall be lodged with the registrar

before any order is made on the summons.(2) The order shall be entered.(3) The order may be entered at any time after the minute of it is signed.

43 Commencement of contentious proceedingsProceedings for revocation of a grant shall, where there is a defendant,be commenced by statement of claim which shall allege facts which, ifproved, will show that the plaintiff has standing to claim revocation ofthe grant.

Division 8 Contentious proceedings generally44 Cross-claims

(1) A party in proceedings may cross-claim for a grant or for resealingnotwithstanding that notice of the intended application has not beenpublished in compliance with section 42 of the Probate Act.

(2) Where such notice of the intended application has not been published,the party shall, within 30 days of filing the cross-claim, cause notice ofthe intended application to be published in the manner and, with suchvariations as the circumstances require, in the form required by rule 10.

45 Intervention(1) An application to intervene in proceedings for a grant shall be by motion

on notice in the proceedings for an order that the person applying beadded as a party.

(2) Before filing the notice of motion the person applying shall enter anappearance in the proceedings.

Division 9 Citations46 Request for issue

(1) Application for issue of a citation shall be made by filing a request inthe form prescribed.



(2) The person requesting issue of a citation shall:(a) file an affidavit verifying the averments contained in the

proposed citation, and(b) lodge two copies of the proposed citation.

47 Citation to be settledA citation must be settled by the Court before it is issued.

48 SealA citation shall be under seal.

49 Registrar to file copyWhere a citation is issued the registrar shall file a copy of it.

50 Citation to bring in abolished(1) A citation to bring in a grant, will or other document shall not be issued.(2) This rule does not limit the power of the Court to order a person to

deposit in the registry a grant, will or other document.

51 Citation to pray for administration(1) A requirement under section 63 of the Probate Act of a person to pray

for administration shall be by citation which may be in the formprescribed.

(2) An answer to a citation to pray for administration shall be in the formprescribed.

52 Citation to take probate(1) A requirement under section 69 of the Probate Act of an executor named

in a will to take probate shall be by citation which may be in the formprescribed.

(2) An answer to a citation to take probate shall be in the form prescribed.

53 Citation to see proceedings(1) On the application of any party to proceedings to which Division 6

applies a citation may be issued against any person who is not a party tothe proceedings but who has an adverse interest to the applicantnotifying him that if he does not answer the citation by entering anappearance in the proceedings, the proceedings may be heard anddetermined in his absence.

(2) A citation to see proceedings may be in the form prescribed.



(3) Where a person cited to see proceedings has entered an appearance inthe proceedings, he shall be entitled to such notice of the hearing or trialof the proceedings as if he were a defendant in the proceedings.

54 Time for answer to a citation(1) This rule applies to any citation other than a citation to see proceedings.(2) In settling the citation the Court shall fix the time limited by the citation

for answer to it.(3) Subject to subrule (4) the time limited by the citation for answer to it

shall be:(a) in the case of service within the State—14 days,(b) in the case of service outside the State—three months.

(4) The Court may, in settling the citation, fix shorter or longer periods,than the periods referred to in subrule (3).

(5) Where the applicant for issue of the citation wishes shorter or longerperiods to be fixed, he shall include in his request for issue of thecitation a statement of the period or periods which he requests be fixedand file an affidavit in support of that period or those periods beingfixed.

55 Service(1) A citation shall be served personally upon the person cited.(2) A citation may be served outside the State.(3) Part 11 of the Uniform Civil Procedure Rules 2005 does not apply to

service of a citation.(4) Service of a citation on a disable person shall not be effected otherwise

than in accordance with subrules (5) to (8).(5) Where the person to be served is a minor, the citation may be served:

(a) if he is aged 16 years or upwards, on him,(b) on a parent of his or a guardian of his person or of his estate, or(c) if he has no parent and has no guardian of his person or of his

estate, on a person with whom he resides or in whose care he is.(6) Where the person to be served is a incompetent person, the citation may

be served:(a) if he has a curator, upon the curator, or(b) if he has no curator, on a person with whom he resides or in

whose care he is.



(7) The citation may be served on any person (including the disable person)who the Court may, before or after the service, approve.

(8) A citation served pursuant to any of subrules (5) to (7) must be servedin the manner required by the rules with respect to personal service of adocument.

56 Appearance by person cited to see proceedings(1) Division 3 of Part 6 of the Uniform Civil Procedure Rules 2005 (which

relates to appearance) applies to appearance by a person cited to seeproceedings as if the person cited were a defendant in the proceedings.

(2) Rule 12.11 of the Uniform Civil Procedure Rules 2005 does not applyto proceedings to which this Division applies.

57 Election to be a defendant(1) A person cited to see proceedings may, except where he has lodged a

caveat requiring proof in solemn form of a will to which the proceedingsrelate, include in his notice of appearance a statement that he elects tobe a defendant in the proceedings.

(2) Where the person cited elects under subrule (1) to be a defendant in theproceedings he shall thereupon become a defendant in the proceedingsand the proceedings shall continue as if he were joined as a defendantby the originating process and he were served with the originatingprocess on the day on which he was served with the citation to see theproceedings.

(3) Where the person cited has lodged a caveat requiring proof in solemnform of a will to which the proceedings relate he may, after entering anappearance in the proceedings, apply for an order adding him as a partyin the proceedings.

58 Disable persons(1) This rule applies where a citation is served upon a disable person.(2) Service of the citation shall not take effect before the appointment of a

tutor for the disable person.(3) The disable person may answer the citation by his tutor but not

otherwise.(4) Division 4 of Part 7 of the Uniform Civil Procedure Rules 2005 does not

apply to appointment of a tutor for the disable person.(5) Application for the appointment of a tutor for the disable person shall

be by summons.



(6) There shall be no defendant in the proceedings for appointment of thetutor.

(7) The proceedings for appointment of the tutor shall be heard without anappointment being obtained for the hearing.

(8) The proceedings for appointment of the tutor may be heard:(a) in the absence of the public, and(b) without the appearance before the Court of any person.

(9) A draft minute of the order sought shall be lodged with the registrarbefore any order is made on the summons.

(10) The order shall be entered.(11) The order may be entered at any time after the minute of it is signed.(12) Where an incompetent person has a curator who has or may be given

authority, under the Protected Estates Act 1983, to answer the citationon behalf of the incompetent person, no person other than the curatorshall, unless the Court otherwise orders, act as tutor.

(12A) (Repealed)(13) A tutor shall not be appointed unless:

(a) he is the person applying for appointment, or(b) evidence of his consent to act as tutor is furnished.

(14) Where a citation to see proceedings has been served upon a disableperson and a tutor of the disable person is appointed to answer thecitation, the appointment shall extend to the tutor electing on behalf ofthe disable person to become a defendant in the proceedings in whichthe citation was served and defending those proceedings (includingcross-claiming in them).

59 Application of Part 63 where disable person cited elects to become a defendant

Where a disable person elects by his tutor to become a defendant in theproceedings in which the citation was served, Division 4 of Part 7 of theUniform Civil Procedure Rules 2005 applies as if his tutor had beenappointed as provided by that Part.

60 Proof of service of citation to seeA party at whose request a citation to see proceedings has been issuedshall not, without the leave of the Court, be entitled to be heard at thehearing or trial of the proceedings unless:(a) the person cited has entered an appearance in the proceedings, or



(b) where the person cited has not entered an appearance in theproceedings, the party at whose request the citation has beenissued has filed:(i) an affidavit of service of the citation on the party cited, or

(ii) an affidavit stating that the citation has not been served onthe party cited and explaining why it has not been served.

Division 10 Caveats61 Caveat in respect of grant

(1) A person claiming to have an interest in an estate may lodge in theregistry a caveat in the form prescribed in respect of any grant or resealbeing made in the estate.

(2) The caveat shall state fully the nature of the interest claimed by thecaveator and an address for service.

(3) Where a person, to the knowledge of the caveator, is making or isintending to make application for a grant or resealing in the estate, thecaveator shall, within 7 days of the lodging of the caveat, serve a copyof the caveat on him.

62 Caveat for solemn form(1) A person having an interest in an estate may lodge in the registry a

caveat in the form prescribed requiring proof in solemn form of anywill.

(2) The caveat shall state fully the nature of the interest of the caveator andan address for service.

(3) Where a person, to the knowledge of the caveator, is making orintending to make application for a grant or reseal in the estate, thecaveator shall, within 7 days of the lodging of the caveat, serve a copyof the caveat on him.

62A Caveat in respect of informal testamentary document(1) A person, who claims to be an affected person in relation to an estate

and who is not a defendant to proceedings for a grant in relation to theestate, may:(a) prior to service on that person of a notice under rule 34E in

relation to that estate, or(b) by leave of the Court, at any time before grant,lodge in the registry a caveat in the form prescribed in respect of anygrant being made in the estate unless the caveator is given anopportunity to be heard on the question of whether the Court should be



satisfied under section 18A of the former Wills Act or section 8 of theSuccession Act (as applicable) in respect of a document made by thedeceased.

(2) The caveat shall state fully the nature of the interest claimed by thecaveator and an address for service.

(3) Where a person, to the knowledge of the caveator, is making or isintending to make application for a grant in the estate, the caveator shall,within 7 days of the lodging of the caveat, serve a copy of the caveat onthe person.

(4) A caveat lodged under subrule (1) shall cease to have effect:(a) where the caveator is served with a notice under rule 34E (3) in

respect of the estate to which the caveat relates—upon theexpiration of the time limited for filing an appearance, or

(b) where the caveator is made a defendant in the proceedings for agrant in respect of the estate to which the caveat relates—whenthe caveator is made a defendant,

whichever first occurs.

63 Duration(1) A caveat shall take effect as of the date of lodgment and shall, unless the

Court otherwise orders, remain in force for 6 months.(2) The Court may extend the period of duration of a caveat.

64 Withdrawal of caveat—no proceedings for grant or resealing or caveator sole applicant for grant or resealing(1) This rule applies to a caveat if:

(a) there are no proceedings for a grant or resealing in the estate, or(b) the caveator is the sole applicant in proceedings for a grant or

resealing in the estate.(2) A caveator may withdraw a caveat to which this rule applies by filing a

notice in Form 115.(3) The withdrawal of a caveat under this rule has effect on the date on

which the notice referred to in subrule (2) is filed.

65 Leave to withdraw caveat—proceedings for grant(1) Subject to rule 64, this rule applies to an application for leave to

withdraw a caveat where there are proceedings for a grant or resealingin the estate.



(2) Where the caveator has not entered an appearance in the proceedings forgrant or resealing, he shall do so.

(3) The application for leave to withdraw the caveat shall be made bymotion on notice in the proceedings.

(4) A draft minute of the order sought must be lodged with the registrarbefore any order is made on the motion.

(5) The order must be entered.(6) The order may be entered at any time after the minute of it is signed.

66 WithdrawalIf leave is granted to withdraw a caveat, the caveat is taken to bewithdrawn on the granting of that leave.

67 Recoupment of costsWhere a caveat is withdrawn, and the person on whose application agrant or resealing is made is unable to recover from the caveator costswhich the caveator has been ordered to pay to him, that person shall beentitled to be recouped by the estate the amount of the costs properlyincurred by him in addition to other costs to which he is entitled out ofthe estate.

68 Citation of caveator to see proceedingsWhere there is in force a caveat requiring proof of a will in solemn formthe caveator shall, in proceedings for a grant or for resealing in whichthe plaintiff seeks to prove a will to which the caveat relates, be cited tosee the proceedings.

69 Order that caveats cease to be in force(1) Where a person has applied or intends to apply for:

(a) a grant and there is in force a caveat, or more than one caveat, inrespect of any grant being made in the estate, or

(b) a reseal and there is in force a caveat, or more than one caveat, inrespect of a reseal being made in the estate,

that person may apply for an order that the caveat, or each of thecaveats, cease to be in force in respect of the application or the intendedapplication.

(2) The application shall be made:(a) where the person has commenced proceedings for a grant or

resealing—by motion in the proceedings, or(b) otherwise—by summons.



(3) The caveator, or each of the caveators, shall be a defendant in theproceedings.

(4) Where in respect of the caveat, or any of the caveats, the Court considersthat the evidence does not show:(a) that the caveator has an interest in the estate or has a reasonable

prospect of establishing such an interest, and(b) some matter occasioning doubt as to whether the grant ought to

be made,the Court may order that that caveat cease to be in force in respect of theintended application.

(5) Part 13 of the Uniform Civil Procedure Rules 2005 (which relates tosummary disposal) does not apply to the proceedings.

(6) Where the Court does not, pursuant to subrule (4) order that the caveat,or each of the caveats, cease to be in force in respect of the intendedapplication, the Court may give such directions as appear best adaptedfor the just, quick and cheap determination of what grant or resealing, ifany, should be made in the estate and of related matters.

(7) Directions which the Court may give pursuant to subrule (6) include adirection to a caveator to commence proceedings.

(8) Where the Court, pursuant to subrules (6) and (7) directs a caveator tocommence proceedings, it may order that if the caveator does notcommence the proceedings within such time as the Court fixes, thecaveat shall cease to be in force in respect of the intended applicationreferred to in subrule (1) or generally.

(9) An order under subrule (8) may be made at the time the caveator isdirected to commence proceedings or at any subsequent time.

70 Proceedings by statement of claim(1) Where there is in force a caveat under rule 61 (1) in respect of any grant

or resealing being made in an estate, proceedings for a grant or forresealing in the estate shall be commenced by statement of claim.

(2) Unless the Court otherwise directs, the caveator shall be a party in theproceedings.

Division 11 Accounts and commission71 Time for filing etc accounts

(1) An executor or administrator of the estate of a person who died before31 December 1981 shall file his accounts within 12 months after grantor resealing.



(2) Any person who is required to comply with section 85 (1AA) of theProbate Act (which section relates to certain executors or administratorsof the estates of persons who die on or after 31 December 1981) shallverify and file or verify, file and pass his accounts within 12 monthsafter grant or resealing.

72 Service of notice or order under s 87A notice or order under section 87 of the Probate Act may be served bysending it by pre-paid post to the executor, administrator or trustee at hisaddress for service stated in the originating process for the grant orresealing.

73 Extension of time(1) An executor or administrator may, in the proceedings for the grant or

the resealing, move for any order extending the period referred to in rule71, including an order extending the period until the further order of theCourt, without the prior filing or service of notice of the motion.

(2) Where an order has been made under section 87 of the Probate Actrequiring an executor, administrator or trustee to show cause, anyapplication for an order extending the period referred to in rule 71 shallbe made on the day appointed for showing cause.

(3) Except where subrule (2) applies, a draft minute of the order soughtshall be lodged with the registrar before any order is made on themotion.

(4) An order extending the period referred to in rule 71 must be entered.(5) The order may be entered at any time after the minute of it is signed.

74 Order to file etc accountsProceedings for an order that an executor, administrator or trustee of theestate of a deceased person:(a) file an inventory,(b) verify and file an inventory,(c) file accounts,(d) verify and file accounts,(e) file and pass accounts,(f) verify, file and pass accounts, or(g) pass accounts filed,shall be commenced by summons.



75 Commencement of proceedings for passing accounts or for commissionProceedings by an executor, administrator or trustee for:(a) an order passing accounts, or(b) an order passing accounts and for commission,shall be commenced by summons.

75A Excessive commissionProceedings for an order under section 86A of the Probate Act (whichsubsection relates to excessive commission, etc) shall be commenced bysummons.

76 Notice to be published(1) At least 14 days before filing the summons under rule 75, the plaintiff

shall cause to be published a notice in the form prescribed of:(a) the filing of the accounts, and(b) the order or orders claimed in the proceedings.

(2) The notice shall be published:(a) if the deceased was resident at the date of his or her death in the

State—in a newspaper circulating in the district where thedeceased resided, or

(b) otherwise—in a Sydney daily newspaper.(3) The plaintiff shall file an affidavit of compliance with this rule.

77 Sureties(1) At least 14 days before filing the summons under rule 75 the plaintiff

shall serve upon any surety to any administration bond in the estate acopy of the notice referred to in subrule (1) of rule 76.

(2) The plaintiff shall file an affidavit of compliance with subrule (1).(3) Instead of or in addition to complying with subrules (1) and (2) in

respect of any surety, the plaintiff may file the consent in the formprescribed of that surety to an order passing the accounts and anaffidavit in the form prescribed verifying the consent.

77A Objection prior to proceedings(1) Any person (the objector) may, prior to the filing of a summons under

rule 75, by filing a notice in the form prescribed give notice of his or herintention to object to the passing of accounts or the allowance ofcommission.



(2) The address for service shown in the notice shall be the objector’saddress for service in any proceedings to which the notice relates.

(3) The registrar shall serve the notice on any person who is or becomes anapplicant for or has obtained a grant or resealing in respect of thedeceased to whom the notice relates.

(4) As soon as practicable after commencing proceedings under rule 75, theplaintiff shall serve the summons on the objector.

78 Inspection and appearance(1) Where proceedings have been commenced for:

(a) an order passing accounts, or(b) an order passing accounts and for commission,and the hearing of the proceedings has not been completed:(c) any person may, unless the registrar otherwise directs, inspect the

accounts without the leave of the Court, and(d) any person who seeks to object to the passing of the accounts or

the allowance of commission shall, at any time before completionof the hearing, enter an appearance in the proceedings.

(2) A person entering an appearance under subrule (1) shall be a defendantin the proceedings.

79 VouchingUnless the Court otherwise directs, the accounts shall be vouched:(a) in the absence of the public,(b) without the appearance before the Court of any person, and(c) without an appointment being obtained for the vouching.

80 Court may require further evidence, documents and noticesOn an application under rule 75, the Court may require further evidenceto be furnished, further documents to be filed, and notices to be given.

81 Certificate(1) Upon the conclusion of the vouching the registrar shall inform the

plaintiff of matters necessary for preparation by the plaintiff of a draftminute of a certificate by the registrar of the vouching of the accounts.

(2) The certificate vouching the accounts shall certify as to:(a) the correctness of the accounts,(b) the balance of the accounts, and



(c) such other information as the registrar may direct.(3) Where the plaintiff seeks commission, the certificate shall in addition

certify as to:(a) the amount of capital realised,(b) the amount of income collected,(c) the value of any assets transferred to beneficiaries, and(d) where a business was carried on—the gross receipts and net

profit earned or loss incurred,during the period of the accounts.

(4) The plaintiff shall lodge the draft minute with the registrar.(5) The registrar shall sign a correct minute of his or her certificate.(6) The registrar may of his or her own motion set aside or vary the

certificate.

82 (Repealed)

83 Order passing accounts(1) This rule applies where:

(a) there is no defendant in the proceedings,(b) the plaintiff does not seek commission, and(c) the registrar has signed a certificate under rule 81.

(2) The plaintiff shall file a draft minute of order passing the accounts.(3) The Court may make the order passing the accounts without the

appearance before it of any person.

84 (Repealed)

85 Commission(1) Where the plaintiff seeks commission he or she shall file with the draft

minute of certificate referred to in rule 81:(a) an affidavit in support of the application, and(b) where the accounts were not filed within the time fixed by the

rules or any order of the Court—an affidavit explaining the delay.(2) Upon signing a correct minute of his or her certificate pursuant to rule

81, the registrar may give an appointment for hearing of the application.



86 Renunciation(1) Where the plaintiff files a renunciation of commission, the accounts

shall be allowed in accordance with the indemnity under section 86 ofthe Probate Act.

(2) The renunciation shall be filed not later than a reasonable time beforethe hearing of the proceedings.

87 NoticeThe Court may order the plaintiff to give notice of the proceedings toany person.

88 (Repealed)

Division 12 Acknowledgments89 Form of acknowledgment

An acknowledgment for the purposes set out in section 83 of the ProbateAct shall be in the form prescribed.

Division 13 Delegation90 Forms

(1) Notice of appointment of the Public Trustee or a trustee company by anexecutor or administrator pursuant to the provisions of section 75A ofthe Probate Act shall be in the form prescribed.

(2) A deed of appointment of the Public Trustee or a trustee company by anexecutor or administrator pursuant to the provisions of section 75A ofthe Probate Act shall be in the form prescribed.

(3) Notice of objection to the appointment of the Public Trustee or a trusteecompany pursuant to the provisions of section 75A of the Probate Actshall be in the form prescribed.

Division 14 Distribution of assets91 Notice of intended distribution

(1) A notice under section 92 of the Probate Act shall be published:(a) if the deceased was resident at the date of his death in the State—

in a newspaper circulating in the district where the deceasedresided, or

(b) otherwise—in a Sydney daily newspaper.(2) The notice may be in or to the effect of Form 121 of Schedule F.



cf Practice Note, 60 WN (NSW) 123.



Part 79 Court of Disputed Returns

Division 1 General1 Application of Part

This Part applies to proceedings in the Court in the exercise of itsjurisdiction as the Court of Disputed Returns.

2 InterpretationIn this Part, unless the subject matter otherwise indicates or requires:Electoral District means the Electoral District for which the electionwas held, andsubject Act means the Parliamentary Electorates and Elections Act1912.

3 (Repealed)

4 Application of rulesThe rules, other than this Part, so far as applicable and not inconsistentwith the subject Act and this Part, apply to proceedings to which thisPart applies.cf High Court Rules, O 68, r 2.

5 Appointment of solicitorWhere, after consent or leave is given to a party pursuant to section 171of the subject Act to be represented by a solicitor and the party appointsa solicitor to act for him in the proceedings, the party shall file notice ofthe appointment and serve the notice on all other parties.cf Pt 66, r 5.

Division 2 Disputed elections and returns6 Application of Division

This Division applies to proceedings under Division 1 of Part 6 of thesubject Act.

7 InterpretationFor the purposes of rule 4, unless the context or subject matter otherwiseindicates or requires:plaintiff means petitioner, anddefendant means respondent.



8 Commencement of proceedingsProceedings in the Court shall be commenced by petition in theprescribed form, joining as respondent every person the validity ofwhose election or return is disputed.

9 PublicationThe petitioner shall, forthwith after filing the petition:(a) publish it in the Gazette, and(b) publish a notice in the prescribed form in a newspaper circulating

in the Electoral District.cf HCR, O 68, r 3.

10 Service of petition(1) The petitioner shall:

(a) at the request of the Electoral Commissioner, serve the petitionon the Electoral Commissioner personally,

(b) within seven days after filing the petition, serve the petition oneach respondent, other than the Electoral Commissioner,personally.

cf HCR, O 68, r 4.

(2) The request of the Electoral Commissioner under subrule (1) may beadded to his notice of appearance.

11 Death of party(1) Where a sole petitioner dies before the trial, his solicitor or, if he had no

solicitor, the respondent on learning of his death, shall file notice of thedeath.cf HCR, O 68, r 12.

(2) Where a respondent (other than the Electoral Commissioner) diesbefore the trial, his solicitor or, if he had no solicitor, the petitioner onlearning of his death, shall file notice of the death.cf Representation of the People Act, 1949 (Eng), s 134 (1) and Election Petition Rules, 1960 (Eng), r 16.

(3) The Prothonotary shall publish notice of the death in a newspapercirculating in the Electoral District.

(4) The notice shall add a statement to the effect that any person who mighthave been a petitioner may, not later than 28 days after the publicationof the notice, apply by motion to the Court at such time and place as theCourt may appoint, to be substituted as a petitioner or as a respondentas the case may require.



12 Respondent not opposing petition(1) Where, before the trial of a petition, a respondent (other than the

Electoral Commissioner) files a notice that he does not intend to opposea petition, he shall serve the notice on the petitioner and publish thenotice in a newspaper circulating in the Electoral District.cf Representation of the People Act, 1949 (Eng), s 134 (1), and Election Petition Rules, 1960 (Eng), rr 15, 16.

(2) A notice under subrule (1) shall add a statement to the effect that anyperson who might have been a petitioner may, not later than 28 daysafter the publication of the notice, apply by motion to the Court at suchtime and place as the Court may appoint to be substituted as arespondent.

(3) A respondent who has filed a notice under subrule (1) shall not beallowed to appear or act as a party against the petition.

(4) Where a respondent files a notice under subrule (1), the Prothonotaryshall report that fact to the Clerk of the Legislative Assembly.

13 Substitution of petitioner or respondent(1) The Court may, on application by a person who might have been a

petitioner, order that that person be substituted as a petitioner or as arespondent, as the case may require, and may make further orders forthe conduct of the proceedings which may include orders relating to:(a) service of the order and other documents in the proceedings,(b) amendment, and(c) the sum required under section 158 of the subject Act as security

for costs.cf HCR, O 68, r 11 and Representation of the People Act, 1949 (Eng), ss 127 (1), 134 (1).

(2) Where the Court orders that a party be substituted for another party or aformer party, all things done in the proceedings before the making of theorder shall, unless the Court otherwise orders, have effect in relation tothe new party as those things had effect in relation to the old, but entryof appearance by the old party shall not dispense with entry ofappearance by the new.cf Part 8, r 11 (2).

14 Electoral CommissionerThe Electoral Commissioner may apply to the Court under section 160of the subject Act (which section relates to leave to enter an appearance)by motion in the proceedings.



15 Time limited for entry of appearanceThe time limited for entry of an appearance is:(a) in the case of the Electoral Commissioner, subject to any order of

the Court—14 days after leave is granted to him to enter anappearance,

(b) in the case of a respondent (other than the ElectoralCommissioner)—14 days after service of the petition upon him,

(c) in the case of any other person who might have been apetitioner—14 days after the publication of the petition in theGazette.

cf Pt 7, r 5.

16 No step without appearanceA person, other than a petitioner or the Electoral Commissioner, shallnot, except by leave of the Court, take any step in any proceedingsunless, before taking the step, he has filed a petition under the subjectAct or has entered an appearance in the proceedings.cf Pt 11, r 22.

17 ParticularsThe Court may order any party to file and serve on any other partyparticulars or further and better particulars of any matter alleged by him.cf HCR, O 68, r 9.

18 MotionsAn interlocutory or other application, in or for the purposes of or inrelation to the proceedings, shall be made by motion under the rules.cf Pt 19, r 1.

19 Discontinuance(1) Proceedings may not be discontinued without the leave of the Court.

cf HCR, O 68, r 11.

(2) Where there are two or more petitioners, an application for leave undersubrule (1) may not be made, except with the consent of all thepetitioners.cf Pt 21, rr 1, 4.

(3) The Court may give leave under subrule (1) on terms.(4) An application under subrule (1) should be made by motion at such time

and place as the Court appoints.



(5) The notice of motion for leave under subrule (1) shall state the groundson which the application is made and add a statement to the effect that,on the hearing of the motion, any person who might have been apetitioner in respect of the election may apply to the Court to besubstituted as a petitioner.

(6) Not less than 14 days before the day appointed under subrule (4), thepetitioner shall publish the notice of motion in a newspaper circulatingin the Electoral District.

(7) Evidence on an application for leave under subrule (1) shall includeevidence denying, subject to any specified exceptions:(a) that any agreement or terms of any kind whatsoever has or have

been made, and(b) that any undertaking has been entered into,in relation to the discontinuance in respect of which leave is sought.cf Representation of the People Act, 1949 (Eng), s 128.

20 Lists of objections to votes(1) This rule applies where the petition (not being a petition merely

claiming a fresh count of the votes counted at the election) claims theseat for a person not returned, alleging that that person had a majorityof valid votes.cf HCR, O 68, r 7.

(2) Each party shall, not later than 14 days before the day appointed for thetrial, serve on the opposite party a list of the votes or class of voteswhich he contends were improperly admitted or improperly rejected,stating, in respect of each, the grounds of the contention.cf Election Petition Rules, 1960 (Eng), r 10 (1).

(3) A contention under subrule (2) by a party shall not be entertained upona ground not specified in his list, except with the leave of the Court.

(4) The Court may give leave under subrule (3) on terms.

21 Respondent’s contention of undue electionWhere a petition claims a seat for a person not returned and a respondentwishes to contend, upon a ground not mentioned in rule 20 (2), that thatperson was not duly elected, he shall, not later than 14 days before theday appointed for the trial, serve on the petitioner a statement of thefacts upon which he intends to rely and the grounds of the contention.cf HCR, O 68, r 8.



22 Trial(1) The trial shall be held at a time and place to be appointed by the Court

at the request of a party.cf HCR, O 68, r 10 (2).

(2) Not less than 14 days’ notice of the time and place appointed shall:(a) be given by the party obtaining the order to the other parties, and(b) be published by the party obtaining the order in a newspaper

circulating in the Electoral District.(3) The time and place of trial may be varied from time to time by the Court.(4) This rule does not affect the powers of the Court as to adjournment.

23 Evidence generallyDivision 1 of Part 31 of the Uniform Civil Procedure Rules 2005 (whichrelates to evidence generally) applies on the trial of a petition as itapplies on a trial in proceedings commenced by statement of claim.

Division 3 Qualifications and vacancies24 Application

This Division applies to proceedings on a reference under Division 2 ofPart 6 of the subject Act.

25 InterpretationIn this Division, unless the context or subject matter otherwise indicatesor requires, subject statement means a statement mentioned in section175C of the subject Act.

26 (Repealed)

27 Transmitting of documents(1) The subject statement is transmitted to the Court under section 175C of

the subject Act by filing it in the registry.(2) Proceedings, papers, reports or documents are transmitted under section

175C of the subject Act by lodging them in the registry.

28 Referring of questionA question is referred under Division 2 of Part 6 of the subject Act whenthe Speaker files with the subject statement a summons claiming thedetermination of the question stated for determination in the subjectstatement.



29 PartiesThe summons shall join the Speaker as plaintiff and, where the matterof the subject statement concerns an election or return or thequalification of a member of the Legislative Assembly, the personwhose election or return is disputed or the member, as the case may be,as defendant.

30 ServiceThe Prothonotary shall serve the subject statement with the summons.

31 PublicationThe Prothonotary shall, forthwith after the summons and subjectstatement are filed:(a) publish them in the Gazette, and(b) where the matter of the subject statement concerns an election or

return, publish a notice in the prescribed form in a newspapercirculating in the Electoral District.

cf Court of Disputed Returns Rules, r (7).



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


In this Part, unless the contrary intention appears:corporation has the same meaning as it has in section 5 (1) of the Code.Companies Regulations means the Companies (New South Wales)Regulations.liquidator includes a provisional liquidator.officer in relation to a corporation, has the same meaning as it has insection 5 (1) of the Code.prescribed newspaper means:(i) where the proceedings relate to a corporation the prescribed

office of which is, or, where the corporation does not have aprescribed office, the principal place of business of which is, orthe last known principal place of business of which was, situatedwithin 50 kilometres of the General Post Office, Sydney—a dailynewspaper circulating generally in Sydney,

(ii) where the proceedings relate to any other corporation—anewspaper circulating generally in the district in which theprescribed office of the corporation is situated or, where thecorporation does not have a prescribed office, in which theprincipal place of business of which is, or the last knownprincipal place of business of which was, situated.

prescribed office means:(a) where the corporation is a company—its registered office for the

purposes of section 528 (1) of the Code,(b) where the corporation is a recognised company or a recognised

foreign company—its principal office for the purposes of section529 (1) of the Code,

(c) where the corporation is a registered foreign company—itsregistered office for the purposes of section 530 (1) of the Code.

the Code means the Companies (New South Wales) Code.the Company means the company in respect of which any proceedingsare taken in the Court under the Code.cf Companies Rules, 1968, r 4.



1A Corporations LawSubject to any order of the Court and subject to Part 80A rule 2 and theSupreme Court (Corporations) Rules 1999, this Part applies, makingsuch changes as it is necessary to make, to proceedings under theCorporations Law as it applies to proceedings under the Companies(New South Wales) Code.

1B Corporations Law: affidavit (s 459E (3))An affidavit referred to in Section 459E (3) of the Corporations Lawmust:(a) be made:

(i) by the person serving the demand,(ii) where the demand is served by more than one person—by

one of those persons,(iii) where the, or a, person serving the demand is a

corporation—by a member or officer of the corporationhaving knowledge of the facts so far as they are known tothe corporation, or

(iv) where the person serving the demand is the Crown—by anofficer of the Crown having knowledge of the facts so faras they are known to the Crown,

(b) set out the facts entitling the deponent under paragraph (a) tomake the affidavit,

(c) state the source of the deponent’s knowledge of the matters statedin the affidavit concerning the debt or debts,

(d) state that the deponent believes those matters to be true, and(e) state that the deponent believes that there is no genuine dispute

about the existence or amount of the debt or debts to which thedemand relates.

1C Corporations Law: affidavit (s 459Q (c))An affidavit referred to in Section 459Q (c) of the Corporations Lawmust:(a) be made:

(i) by the plaintiff,(ii) where there is more than one plaintiff—by one of them,

(iii) where the, or a, plaintiff is a corporation by a member orofficer of the corporation having knowledge of the facts sofar as they are known to the corporation, or


Supreme Court Rules 1970Rule 1D

(iv) where the plaintiff is the Crown—by an officer for theCrown having knowledge of the facts so far as they areknown to the Crown,





1D Corporations Law: affidavit (s 596C)(1) An affidavit referred to in section 596C of the Corporations Law must

set out:(a) the facts relied on to establish that the applicant is an eligible

applicant for the purposes of section 596B,(b) the facts relied on to establish the matters referred to in section

596B (1) (b), and(c) if production of books is to be required—the deponent’s belief

that the books, the production of which is sought, are reasonablyrequired for the purposes of the examination, and the grounds forthat belief.

(2) A summons under section 596A or 596B of the Corporations Law shallbe in Form 154A.

Division 2 Proceedings under the Code generally2 Commencement of proceedings

(1) Proceedings in the Court on an application for relief under the Codeshall be commenced by summons.cf CR 1968, r 23.

(2) Nothing in subrule (1) prevents an application for relief under the Codebeing made by motion in existing proceedings.

3 Additions above titleA summons in proceedings for relief under the Code shall bear, abovethe title, a reference to the name of the corporation to which theproceedings relate together with “and the Companies Code”.cf CR 1968, r 7.



4 Directing notice of any application etc(1) The Court may, at any stage of proceedings under the Code, direct that

notice of anything be given to any person or that any document beserved on any person and give such further directions with respect tothose matters or documents as it thinks fit.

(2) This rule does not limit any other powers of the Court.cf CR 1968, r 22 (a).

5 Leave to creditor etc to be heard etc(1) In any proceedings under the Code, the Court may, on terms, grant to

any person who is, or claims to be, a creditor, contributory or officer ofthe company or an officer of a creditor or contributory of the company,leave to be heard in the proceedings without becoming a party, and mayat any time revoke leave so granted.

(2) In any proceedings under the Code, the Court may, on terms, order thatany person who is or claims to be a creditor, contributory or officer ofthe company be added as a defendant, and make orders for the furtherconduct of the proceedings.

(3) Leave may be granted to a person under subrule (1) and an order maybe made adding a person under subrule (2) on application by the personor by any party or of the Court’s own motion.

(4) (Repealed)

6 (Repealed)

7 Inquiry as to creditors(1) The Court may direct an inquiry as to any debts, claims or liabilities or

class thereof of or affecting any corporation to which any proceedingsunder the Code relate.

(2) Where the Court directs an inquiry under subrule (1), rule 10 applies,with the necessary modifications, as it applies where the Court directsthat a list of creditors be settled.cf CR 1968, r 14, 22 (c).

8 Registrar furnishing copy of summons etcThe registrar shall, upon payment of the fee (if any) fixed under the Act,furnish to any person claiming to be a contributory, creditor or officerof the Company, an office copy of the summons and affidavits whichare in the custody of the registrar and are filed by by the plaintiff insupport of an application for the winding up of the Company.cf CR 1968, r 17 (5).



Division 2A Part II of the Code8A Appeal from Board (s 30R)

The Companies Auditors and Liquidators Disciplinary Board may, onapplication in writing made to it before the expiration of the time (otherthan the time extended by the Court) for instituting an appeal from itsdecision under section 30R of the Code, grant, by notice in writing, anextension of that time and where it does so, it shall deliver the notice tothe applicant who shall file the notice with the summons instituting theappeal.cf CR 1968, r 39.

Division 3 Parts III–XI of the Code9 Applications under ss 73, 118, 122, 123, 125, 133 and 175

(1) This rule applies to an application for an order under any of theprovisions of the Code referred to in column 1 of the Table below:

Table

(2) The matter in column 2 of the above Table is inserted for convenienceor reference only and does not affect the operation of the rules.

(3) Unless the Court otherwise orders, notice of an application to which thisrule applies shall, not later than seven days before the date appointed forhearing, be published once in the Government Gazette and once in aprescribed newspaper.

(4) The notice mentioned in subrule (3) shall:

Column 1 Column 2Provision Description73 Cancellation or alteration of the objects or powers of a

company.118 Confirmation of issue of shares at a discount.122 (1) Validation of issue or allotment of shares.123 (5) Confirmation of reduction of capital.125 (4) Cancellation, etc of variation or abrogation of rights of

holders of special classes of shares.133 Approving payment of interest out of capital175 (5) Confirmation of resolution to wind up scheme.



(a) in the case of an application for orders under section 123 (5) ofthe Code and for fixing a date under section 123 (3) (a) of theCode—be in Form 125, and

(b) in any other case—be in Form 126.(5) Evidence in support of an application to which this rule applies shall

include:(a) a statement of the statute under which the Company was

incorporated,(b) a statement of the date of incorporation,(c) unless the Company is the plaintiff or has entered an appearance,

proof of:(i) the address of its registered office at the date of search

made under this subrule, being the latest address disclosedin a notice or annual return lodged with the Commissionunder section 84 (2) (b) (ia), section 85 (4) (fa), section 217(1) or (3) or section 263 (1) of the Code,

(ii) the date of lodgment of the notice or return disclosing thataddress,

as ascertained by search made not earlier than three days before:(iii) if the summons was served on the Company by post—the

date of posting, or(iv) if the summons was served otherwise—the date of service,

(d) unless the Company is the plaintiff, the capacity in which theplaintiff makes the application.

(6) Rule 20 applies to an application to which this rule applies as it appliesto an application for a winding up order under the Code.cf CR 1968, r 29.

10 Reduction of capital (s 123)(1) This rule applies where, on an application for an order under section 123

(5) of the Code, the Court fixes a date under section 123 (3) (a) of theCode.

(2) Within seven days after the date fixed under section 123 (3) (a) of theCode, the Company shall:(a) make out a list of creditors, and(b) file an affidavit in Form 127 verifying the list.

(3) Copies of the list shall be kept at the registered office of the Companyand be available for inspection there at all times when the office isrequired to be open and accessible to the public.



(4) Within seven days after the date of filing the affidavit under subrule (2)(b), the Company shall:(a) publish once in the Government Gazette and once in a prescribed

newspaper a notice in Form 126, and(b) serve on each creditor whose name is entered on the list

mentioned in subrule (2) (a) a notice in Form 128.(5) Within seven days after the expiry of the time fixed by the Court for

creditors to send particulars of their claims to the solicitor for theCompany, the Company shall file an affidavit in Form 129.

(6) Where the Company contends that a person is not entitled to be enteredon the list or disputes the amount of a debt or claim claimed by a person,the Company shall, unless the Company is willing to appropriate, as theCourt directs, the full amount of the debt or claim, serve on the persona notice in Form 130.

(7) The Court may, on the adjudication of claims:(a) allow any claim and fix the amount allowed,(b) direct that any claim be investigated in such manner as the Court

thinks fit,(c) require any claimant to furnish particulars or evidence of his

claim or produce any security relating to his claim, or(d) disallow any claim.

(8) Where a claimant does not comply with a notice served on him undersubrule (6), the Court may disallow his claim.

(9) In subrules (7) and (8), claim includes part of a claim.cf CR 1968, r 31.

11 Reduction of capital: appointment for hearing (s 123)Where the Court settles the list under section 123 (3) (b) of the Code,the Court shall appoint a date for hearing of the proceedings on theapplication for the order under section 123 (5) of the Code.cf CR 1968, r 32.

12 Registration of transfer of shares etc (s 184)(1) An application to the Court for an order for the issue of a summons

under section 184 (3) of the Code may be made without serving thesummons by which the application is made on any person.

(2) A summons under section 184 (3) of the Code may be in Form 131.

13 (Repealed)



14 Compromise with creditors etc (ss 315, 317)(1) An application for relief under a subsection of section 315 of the Code,

(which section relates to a compromise with creditors etc) other thanunder subsection (1) of that section, shall be made by motion in theproceedings on the application for the order under subsection (1) of thatsection.

(2) Rule 9 applies to an application for an order under section 315 (4) orsection 317 (1) of the Code as it applies to an application for an orderunder the provisions of the Code mentioned in rule 9 (1).

(3) The Court may, on the application of any person whose rights areaffected by a compromise or arrangement approved under section 315(4) of the Code, fix or review the remuneration of the person appointedto administer the compromise or arrangement.cf CR 1968, r 23 (i).

15 Oppression or injustice (s 320 (2))Rules 18, 19, 20, 21 and 22 apply to an application for an order undersection 320 (2) of the Code as they apply to an application for an orderunder 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 areference to a subparagraph of section 320 (1) (a) of the Code.

16 Release of official manager (s 355)A person applying for an order under section 355 (19) or section 355(20) of the Code shall give notice of his application:(a) to every creditor who has proved his debt, and(b) to any creditor mentioned in the report referred to in section 335

(4) of the Code who has not proved his debt.cf CR 1968, r 216.

Division 4 Part XII of the Code (winding up)17 Company Index: search (s 363)

Any person may, upon payment of the fee (if any) fixed under the Act,search in the Company Index kept in the registry against the name of theCompany which is the subject of a winding up application or which isin the course of being wound up.cf CR 1968, r 44 (1).

18 Application for a winding up order under s 364 (1)(1) This rule applies to an application for an order under section 364 (1) of

the Code.



(2) The summons claiming the order may be in Form 132.(3) The evidence in support of the application shall include:

(a) a statement of the statute under which the Company wasincorporated,

(b) a statement of the date of incorporation,(c) unless the Company is the plaintiff or has entered an appearance,

proof of:(i) the address of its registered office at the date of search

made under this subrule, being the latest address disclosedin a notice or annual return lodged with the Commissionunder section 84 (2) (b) (ia), section 85 (4) (fa), section 217(1) or (3) or section 263 (1) of the Code,

(ii) the date of lodgment of the notice or return disclosing thataddress,

as ascertained by search made not earlier than three days before:(iii) if the summons was served on the Company by post—the

date of posting, or(iv) if the summons was served otherwise—the date of service,

(d) unless the Company is the plaintiff, the capacity in which theplaintiff makes the application,

(e) the grounds of the application and a reference to the paragraph ofsection 364 (1) of the Code under which the plaintiff isproceeding.

(4) Unless the Court otherwise orders, notice in Form 126 of the applicationshall, not earlier than three days after the date of service on theCompany of the summons claiming the order and not later than sevendays before the date of hearing, be published once in the GovernmentGazette and once in a prescribed newspaper.

19 Serial number: winding upThe serial number assigned to the summons claiming an order for thewinding up of the Company shall be borne by every document filed inproceedings in the winding up of the Company after the winding uporder is made.cf CR 1968, r 43.

20 Notice of intention to appear(1) This rule applies in proceedings on an application for a winding up

order under the Code.



(2) Where a person on whom the summons has not been served intends toappear on the hearing of the application, he shall add to his notice ofappearance a note in Form 133.

(3) The notice shall be served on the plaintiff before 1 in the afternoon of aday (being a day on which the registry is open for business) before thedate appointed for hearing.

(4) Where the plaintiff has received any notice mentioned in subrule (2) heshall, at or before the hearing, file a notice in Form 134.cf CR 1968, r 27, 28.

21 Substituted plaintiff in winding up application(1) Where a plaintiff, in proceedings on an application for a winding up

order:(a) fails to take all the steps prescribed by these rules preliminary to

the hearing,(b) seeks the leave of the Court to discontinue the proceedings,(c) consents to the proceedings being dismissed,(d) does not appear when the proceedings are called on for hearing,(e) does not claim the order at the hearing, or(f) does not obtain the order at the hearing,

the Court may, at any time, on terms, subject to the Code, on applicationof any person, make orders for the further conduct of the proceedings,including an order in Form 135 substituting that person for the formerplaintiff.

(2) (Repealed)cf CR 1968, r 52.

22 DiscontinuanceRule 12.2 of the Uniform Civil Procedure Rules 2005 does not apply toproceedings on an application for a winding up order.

22A Notice to liquidator of appointment(1) Where an order for the winding up of a Company is made, the plaintiff

shall:(a) complete two forms of notice in Form 135A,(b) leave a copy with, and obtain a sealed copy from, the proper

officer of the Court,(c) serve the sealed copy on the liquidator appointed:



(i) where the order is made before noon—before 5 in theafternoon,

(ii) where the order is made in the afternoon—before noon ofthe following day.

(2) A sealed copy is sufficiently served on a liquidator within the timeprescribed in subrule (1) (c) if the information contained in the copy istransmitted to the liquidator’s facsimile transmission number by ameans that reproduces, in the hands of the liquidator, that informationas it appears in the copy.

23 Form of winding up orderA minute of a winding up order may be in Form 136.cf CR 1968, r 58.

23A (Repealed)

24 Stay of proceedings against company (s 367)Where an action or other civil proceeding against a company is pendingin the Court in a Division, an application to the Court for an order undersection 367 (6) of the Code may be made by motion in the action orproceeding in that Division.

24A Validation of dispositions of property etc (s 368)An application for an order under section 368 (2) of the Code (whichsubsection relates to the validation of dispositions of property etc) shallbe made by motion in the proceedings for the winding up order.

25 Proceedings against a Company after a winding up order (s 371)An application for leave under section 371 (2) of the Code may, wherethe proceedings in respect of which leave is sought have beencommenced in a Division, be made by motion in those proceedings inthat Division.

26 Appointment of provisional liquidator (s 372)(1) An application for the appointment of a provisional liquidator under

section 372 (2) of the Code shall be made by motion in the proceedingsfor the winding up order.

(2) Any party obtaining an order under section 372 (2) of the Code shall:(a) complete two forms of notice in Form 136A,(b) leave a copy with, and obtain a sealed copy from the proper

officer of the Court,(c) serve the sealed copy on the provisional liquidator appointed:



(i) where the order is made before noon—before 5 in theafternoon,

(ii) where the order is made in the afternoon—before noon ofthe following day,

(d) publish once in the Government Gazette and once in a prescribednewspaper a notice in Form 137, and

(e) serve an office copy of the minute of order on the provisionalliquidator.

(3) A sealed copy is sufficiently served on a provisional liquidator withinthe time prescribed in subrule (2) (c) and an office is sufficiently servedunder subrule (2) (e) if the information contained in the copy istransmitted to the provisional liquidator’s facsimile transmissionnumber by a means that reproduces, in the hands of the provisionalliquidator, that information as it appears in the copy.cf CR 1968, r 50 (3).

27 Notice to liquidator of appointmentThe registrar shall, forthwith after a person has been appointedliquidator or provisional liquidator, give notice to that person of hisappointment.cf CR 1968, r 55.

28 Notice of appointment of liquidatorWhere the Court makes an order for the winding up of the Company andappoints a liquidator, the liquidator shall, not later than seven days afterthe order is made, publish a notice in Form 138 once in the GovernmentGazette and once in a prescribed newspaper.cf CR 1968, r 57.

29 Provisional liquidator (s 372)(1) Subject to the Code and the rules and subject to any directions of the

Court, a liquidator appointed provisionally under section 372 (2) of theCode shall have power to carry on the business of the Company and thepowers specified in section 377 (2) (a)–(k) of the Code.

(2) For the purpose of enabling the provisional liquidator to take out lettersof administration or recover money as mentioned in section 377 (2) (h)of the Code, the money due shall be deemed to be due to the provisionalliquidator himself.

(3) The exercise by the provisional liquidator of the powers conferred bythis rule is subject to the control of the Court, and any creditor orcontributory may apply to the Court with respect to any exercise orproposed exercise of any of those powers.



cf CR 1968, r 50 (5).

30 Filling vacancy in office of liquidator (s 373)A person applying to the Court for an order under section 373 (7) of theCode shall, not later than seven days before the date appointed forhearing, publish, in a prescribed newspaper, a notice of his intention toapply to the Court for the order.cf CR 1968, r 89 (5).

31 Copy of report under s 375 (7) (a)The copy of the report required to be filed with the Court under section375 (7) (a) of the Code shall be a copy certified in writing by theliquidator of the Company to be a true copy of the original report.cf CR 1968, r 66.

32 List of contributories (s 378 (1) (a))Where, in a winding up by the Court, a liquidator has settled a list orsupplementary list of contributories, he shall, within 14 days aftercertifying it, file a copy of it and the certificate.cf CR 1968, r 140.

33 Liquidator to file resolutions(1) The liquidator appointed by the Court shall, after the passing of any

resolution of a meeting of creditors, of contributories, of both or of thecommittee of inspection, file a copy certified by him of the resolution.

(2) The certificate may be in Form 139.cf CR 1968, r 100.

34 (Repealed)

35 Release of liquidator (s 381)(1) A summons by which an application is made under section 381 (c) or

section 381 (d) of the Code for an order that the liquidator be releasedshall bear a note “Section 382 (3) of the Companies (New South Wales)Code provides” and state the provisions of the subsection.

(2) The liquidator shall file with a summons claiming an order mentionedin section 381 (c) or section 381 (d) of the Code a summary of receiptsand payments in the winding up and a statement showing the positionof the Company at the date of filing the summons.

(3) The liquidator shall give notice of the application and copies of thesummary and the statement:(a) to every creditor who has proved his debt, and



(b) to every contributory.cf CR 1968, r 206.

(4) The evidence in support of the application shall include statements in anaffidavit by the liquidator to the following effect:(a) “To the best of my belief there has been no act done or default

made by me in the administration of the affairs of the company orotherwise in relation to my conduct as liquidator which is likelyto give rise to any liability to the company or any creditor orcontributory (where applicable add except as disclosed in thisaffidavit)”,

(b) “I am not aware of any claim made by any person that there hasbeen any such act or default (where applicable add except asdisclosed in this affidavit)”.

36 Report by the liquidator to the Court: stay of winding up (s 383)A report by the liquidator to the Court under section 383 (2) of the Codemay be furnished to the Court by filing it in Form 140.cf CR 1968, r 73 (1); (As to s 384 of the Code (delivery of property to liquidator and calls), see rules 40–45.)

37 Special manager (s 385)(1) This rule applies to proceedings in the Court under section 385 of the

Code (which section relates to a special manager).(2) The liquidator may file an unverified statement in support of the

application, instead of an affidavit.(3) Security is sufficiently given if it is given for any winding up in which

the person giving security is appointed a special manager.(4) The Court may at any time and from time to time give directions for the

giving of security in a different amount to the amount for which securitywas previously given.

(5) Where security is given to the satisfaction of an associate Judge he shallgive a certificate to that effect.cf CR 1968, r 61.

38 Accounting by special manager(1) Subject to any order of the Court under section 385 (2) (a) of the Code,

the special manager shall furnish his accounts to the liquidator.(2) The accounts shall be verified by affidavit.(3) The affidavit may be in Form 141 and subscribed to the accounts.



(4) When the accounts are approved by the liquidator, the totals of thereceipts and payments shall be included by the liquidator in hisaccounts.cf CR 1968, r 62.

39 Default of special manager(1) Where any special manager is required by the rules or any direction of

the Court to do anything and does not carry out the requirement, theliquidator shall apply to the Court for directions in respect of the defaultand the Court may make such orders and give such directions as theCourt thinks fit.

(2) Without limiting subrule (1), where a special manager is required by therules or by any order or direction of the Court to pay into Court any sumshown by his account as due from him, and he does not comply with therequirement, the Court may charge him with interest at the rateprescribed for payment of interest by a receiver under Rule 26.6 (3) ofthe Uniform Civil Procedure Rules 2005 on that sum while in hispossession as special manager.

(3) This rule does not limit the powers of the Court as to the enforcementof orders or as to the punishment of contempt.cf CR 1968, r 64.

40 Requirement by liquidator to pay money etc (ss 384 (1) and 389)A requirement by a liquidator under section 384 (1) of the Code may bein Form 142.cf CR 1968, r 136.

41 Calls: sanction of committee of inspection (ss 384 (3), 389)(1) In a winding up by the Court the liquidator shall, for the purpose of

obtaining the sanction of the committee of inspection under section 389(2) (a) of the Code:(a) convene a meeting of the committee by serving notice in Form

143 on every member of the committee so as to reach him notlater than seven days before the date appointed for the meetings,

(b) serve on every member of the committee, with the noticementioned in paragraph (a), a statement in Form 144, and

(c) publish notice of the meeting in Form 145 once in theGovernment Gazette and once in a prescribed newspaper or asthe Court may direct.

(2) The committee shall, before sanctioning the proposed call, considerrepresentations (if any) made by any contributory to the liquidator or



any member of the committee in writing before or at, or orally at, themeeting.

(3) A resolution of the committee of inspection sanctioning a call may be inForm 146.cf CR 1968, r 145 (1).

42 Application for leave to make a call (ss 384 (3), 389)(1) This rule applies to proceedings on an application for an order under

section 389 (2) (a) of the Code (which section relates to leave to makea call).

(2) The summons may be in Form 147.(3) The affidavit in support of the application may be in Form 148.(4) Subject to subrule (5), the summons shall be served on each

contributory on whom it is proposed the call should be made.(5) The summons need not be served on the contributories where the Court

directs that notice of the proposed call may be given by advertisement.(6) The advertisement may be in Form 149.(7) The copy of the summons served on a contributory may show only the

amount claimed to be owing by him.(8) The order granting leave may be in Form 150.

cf CR 1968, r 146.

43 Filing notice of amount of call per share (ss 384 (3), 389)Where in a winding up by the Court the liquidator is authorised undersection 389 (2) (a) of the Code to make a call, he shall file a notice inForm 151 showing the amount of the call per share.cf CR 1968, r 146.

44 Call on contributories (ss 384 (3), 389)(1) In a winding up by the Court, the liquidator shall make a call on a

contributory by serving a notice in Form 152 or Form 153 as the casemay require, on the contributory.

(2) The Court may direct that notice of the order granting leave to make thecall or of the resolution sanctioning the making of the call be advertised.cf CR 1968, r 147.

45 Application for order for payment of call (s 384 (3) (b))Evidence in support of an application for an order under section 384 (3)(b) of the Code (which relates to an order for payment of a call) shall



include an estimate of the amount owing by each contributory (if morethan one) in respect of the costs of the application and of carrying it intoeffect and a statement that the estimate is based on an apportionment ofthe costs of the application equally among the contributories who havenot paid the call.cf CR 1968, r 148; (As to s 385 of the Code (special manager), see rules 37–39.)

46 Powers of liquidator (s 389)Subject to the Code, the rules and the Companies Regulations, thepowers and duties conferred or imposed on the Court by Part XII of theCode in respect of:(a) the holding and conducting of meetings to ascertain the wishes of

creditors and contributors,(b) the paying, delivering, conveyance, surrender or transfer of

money, property or books to the liquidator,(c) the making of calls and the adjusting of the rights of

contributories among themselves and the distribution of anysurplus among the persons entitled to it, and

(d) the fixing of a time within which debts and claims must beproved,

may be exercised and shall be performed by the liquidator as an officerof the Court and subject to the control of the Court.

47 Proceedings against company after voluntary winding up (ss 401, 402)An application for leave under section 401 (2) or section 402 (2) of theCode may, where the proceedings in respect of which leave is soughthave been commenced in a Division, be made by motion in theproceedings.

48 Complaints concerning liquidator (s 420 (1))A complaint to the Court under section 420 (1) of the Code shall be filedwith the summons claiming an inquiry under the subsection in respectof the matter complained of.

49 Report concerning liquidator (s 420 (2))(1) A report to the Court by the Commission under section 420 (2) of the

Code shall be filed with the summons claiming orders under thesubsection in respect of the matter reported.

(2) A report made under section 420 (2) of the Code shall not be inspectedor used except by leave of the Court.cf CR 1968, r 211.



50 Resignation of liquidator (s 421)Where, in a winding up by the Court, the liquidator resigns, he shall,within the time prescribed by section 421 (2) of the Code, file a copy ofthe notice of the resignation in the form prescribed by the CompaniesRegulations.cf CR 1968, r 89 (1).

51 (Repealed)

52 Report by the chairman to the Court: meeting of creditors etc (s 431)A report by the chairman to the Court under section 431 (1) of the Codemay be made by filing a report in Form 140.cf CR 1968, r 73 (1).

53 Committee of inspection (s 432)(1) The Court may, in proceedings for an order under section 432 (2) of the

Code (which subsection relates to the appointment of a committee ofinspection) make an appointment for hearing of the proceedings andgive directions for service and publication of notice of the appointment.

(2) On the hearing the Court may hear the liquidator, any creditor and anycontributory.cf CR 1968, r 74 (2).

54 Filing proof of debt (s 438)In a winding up by the Court the liquidator shall, within three days afterservice upon him of a summons instituting an appeal from his decisionrejecting a creditor’s proof of debt, file the proof and a copy of thenotice given by him under regulation 125 (1) of the CompaniesRegulations.cf CR 1968, r 164.

55 (Repealed)

56 Disclaimer (s 454)The applicant for leave under section 454 (6) of the Code shall file anaffidavit showing who the persons interested are and their interests.cf CR 1968, r 130.

57 Winding up of bodies other than companies (s 470)The rules apply, with such adaptations as are necessary, to a body towhich Part XII Division 6 of the Code applies as they apply to aCompany.



58 Stay of proceedings against body other than a Company (s 472)An application for leave under section 472 (2) of the Code may, wherethe proceedings in respect of which leave is sought have beencommenced in a Division, be made by motion in those proceedings inthat Division.

Division 5 Part XIV of the Code (miscellaneous)59 Security for costs: plaintiff corporation (s 533)

Where a proceeding referred to in section 533 of the Code (whichsection relates to a plaintiff corporation giving security for costs) hasbeen commenced in a Division, an application under that section maybe made by motion in those proceedings in that Division.cf CR 1968, r 3 (3).

60 (Repealed)

61 Appeal from liquidator etc (s 538)A person mentioned in section 538 (a), (b), (c) or (d) may, onapplication in writing made to him before the expiration of the time(other than the time extended by the Court) for instituting an appealfrom his act, omission or decision, grant, by notice in writing, anextension of that time and where he does so, he shall deliver the noticeto the applicant who shall file the notice with the summons institutingthe appeal.cf CR 1968, r 39.

61A Irregularities (s 539)Subject to any direction of the Court, an application for an order undersection 539 of the Code in or for the purposes of or in relation to anyproceedings in the Court may be made by motion in those proceedings.

62 Examination of person concerned with corporation (s 541)(1) This rule applies to proceedings on an application to the Court for an

order under section 541 (3) of the Code.(2) The summons by which the application is made shall be served:

(a) where a liquidator has been appointed, unless he is theapplicant—on the liquidator, and

(b) unless the Commission is the applicant—on the Commission,and need not be served on any other person unless the Court so directs.

(3) The applicant shall, when making the application, lodge in the registrya draft minute in Form 154 of the order sought.



(4) A minute of the order made shall be served personally on the personwho is to be examined and shall be served, where the liquidator is theapplicant, on the Commission and, where the Commission is theapplicant, on the liquidator.

(5) The applicant shall publish once in the Government Gazette and once ina prescribed newspaper, notice of the time and place appointed for theholding of an examination but not, unless the Court so orders, for theholding of an adjourned examination.

(6) Where the Court makes an order under section 541 (13) of the Code, thewritten record, signed if so required by the Court under that subsection,shall be filed in the registry.

(6A) Where:(a) the examination of a person under section 541 of the Code is held

wholly or partly in public, and(b) a written record or transcript of the questions put to the person

and the answers given by the person at the examination is filed inthe registry,

the registrar shall, upon application by the person made within 3 yearsof the date of the conclusion of the examination and payment of theprescribed fee, furnish to the person a copy of the written record ortranscript of such part of his examination as is held in public.

(7) A transcript is authenticated under section 541 (14) of the Code by acertificate by the person who made the transcript certifying it to be acorrect record of the examination.

(8) A written record or transcript of an examination under section 541 of theCode shall not, except with the leave of the Court, be open to inspectionby any person.

(9) Subrule (8) does not apply to the liquidator or any person authorised bythe Commission.

(10) Where the examination is held before a court other than the Court, thepowers of the Court under this rule may be exercised by that other court.cf CR 1968, r 119–126.

63 Default in relation to an examination(1) Where a registrar constitutes the Court for the purpose of an

examination under section 541 of the Code and a person (the person indefault) refuses or fails to do anything mentioned in section 541 (7), (8)or (9) of the Code, he shall, at the request of any person who took partin the examination, give to that person a certificate, signed by him, ofthe refusal or failure.



(2) The Court may, upon the certificate being filed and on motion by anyparty, order the person in default:(a) to do the thing, and(b) to pay any costs occasioned by his refusal or failure.cf CR 1968, r 127 (2).

Division 6 Meetings ordered by the Court64 Application of regulations

Subject to the Code and subject to any directions of the Court, theprovisions of regulations 84–99 of the Companies Regulations apply toand in respect of meetings ordered by the Court.cf CR 1968, r 92.



Part 80A Corporations Law and ASC Law

Division 1 Preliminary1A (Repealed)

1 InterpretationIn this Part, unless the contrary intention appears:(a) subject Act means the Corporations (New South Wales) Act

1990.advertised means published in the Commonwealth of AustraliaGazette and in a prescribed newspaper.Corporations Law has the meaning given by section 13 of thesubject Act.prescribed newspaper means:(i) where the registered office of the subject corporation is

within 100 kilometres of the General Post Office,Sydney—a daily newspaper circulating generally inSydney,

(ii) where the subject corporation does not have a registeredoffice, and its principal place of business or last knownprincipal place of business is or was within 100 kilometresof the General Post Office, Sydney—a daily newspapercirculating generally in Sydney, or

(iii) in any other case—a newspaper circulating generally in thedistrict in which the registered office of the subjectcorporation is situated or, if it does not have a registeredoffice, in which its principal place of business or lastknown principal place of business is or was situated.

subject corporation means corporation to which the applicationrelates,

(b) subject to this rule, a word or expression defined in theCorporations Law (other than for the purposes of limited partsthereof) has the meaning as so defined,

(c) a reference to a section is a reference to a section of theCorporations Law.

2 ApplicationSubject to any order of the Court, this Part applies to:



(a) proceedings under the Corporations Law or the ASC Lawcommenced in the Court after 30 January 1994 and before theSupreme Court (Corporations) Rules 1999 commence, and

(b) applications made under the Corporations Law or the ASC Lawafter 30 January 1994 in proceedings in the Court commencedbefore the Supreme Court (Corporations) Rules 1999 commence.

3 Commencement of proceedings(1) Subject to rule 18.1 of the Uniform Civil Procedure Rules 2005 (which

relates to applications by motion) and to subrules (2), (4) and (5),proceedings in the Court for relief under the Corporations Law or theASC Law must be commenced by summons under Part 5 rule 4B (as inforce at the relevant time before the commencement of the SupremeCourt (Corporations) Rules 1999).

(2) Proceedings in the Court on an application:(a) for an order for the winding up of a corporation shall be

commenced by summons under Part 5 rule 4A (as in force at therelevant time before the commencement of the Supreme Court(Corporations) Rules 1999),

(b) for other relief under the Corporations Law where:(i) it is necessary to obtain an early appointment for hearing,

and(ii) the plaintiff intends to be ready to proceed at the time

appointed,whether for final or interlocutory relief or directions, may becommenced by summons under Part 5 rule 4A (as in force at therelevant time before the commencement of the Supreme Court(Corporations) Rules 1999).

(3) The summons must state above the title:(a) the name of the subject corporation followed, where appropriate,

by the words “(in liquidation)”, “(provisional liquidatorappointed)”, “(receiver appointed)”, “(receiver and managerappointed)”, “(under official management)” or “(administratorappointed)”,

(b) (if applicable) the registered number of the subject corporationpreceded by the words “Australian Company Number” (whichmay be abbreviated to “ACN”) or “Australian Registered BodyNumber” (which may be abbreviated to “ARBN”) as the casemay be, and

(c) the words “and the Corporations Law” or “and the ASC Law”, asthe case may be.



(4) Without limiting the generality of rule 18.1 of the Uniform CivilProcedure Rules 2005, application of the following kinds must be madeby motion in the relevant winding up proceedings, namely:(a) an application for an order under section 467 (7) (which relates to

staying existing proceedings),(b) an application for an order under section 468 (which relates to

avoidance of dispositions of property),(c) an application for an order under section 472 (which relates to

provisional liquidators), and(d) any application in the winding up of the subject corporation.

(5) An application for an order under section 471B or section 500 (2) inrespect of existing proceedings in the Court in a Division may be madeby motion in those proceedings.

(6) Notwithstanding subrule (4) and rule 18.1 of the Uniform CivilProcedure Rules 2005, an application for the issue of an ExaminationSummons under section 596A or section 596B must be made bysummons.

4 Registration of transfer of shares etc (s 1092 (3))(1) An application to the Court for an order for the issue of a summons,

under section 1092 (3) may be made, without serving the summons bywhich the application is made on any person.

(2) A summons under section 1092 (3) may be in Form 154BA.

Division 2 Proceedings generally5 Additional powers of the Court

Without limiting its other powers, the Court may at any time inproceedings, on application by a party or of its own motion:(a) direct that notice of any matter be given by advertisement or

otherwise to any person or class of persons,(b) direct that a document be served on any person,(c) grant to any person who is or claims to be a creditor, contributory

or officer of a subject corporation, or an officer of such a creditoror contributory, leave to be heard without becoming a party,

(d) revoke, or vary the terms and conditions of, any such leave,(e) order that any person who is or claims to be a creditor,

contributory or officer of a subject corporation be added as adefendant,



(f) appoint any creditor or contributory of a subject corporation torepresent, at the expense of that corporation, all or any class ofcreditors or contributories of that corporation for the purpose ofthe proceedings or any part of them, and

(g) revoke, or vary the terms and conditions of, any suchappointment.

6 (Repealed)

7 Inquiry as to creditors etc(1) The Court may direct an inquiry as to any debts, claims or liabilities or

any class of debts, claims or liabilities of a subject corporation.(2) Where the Court directs an inquiry under subrule (1), subject to any

further direction of the Court, rule 13 applies with such modificationsas may be necessary as though settlement of a list of creditors wasrequired.

8 Registrar furnishing copy of summons etcThe registrar shall, upon payment of the fee (if any) fixed under the Act,furnish to any person claiming to be a contributory, creditor or officerof the subject corporation, an office copy of the summons and affidavitswhich are in the custody of the registrar and are filed by the plaintiff insupport of an application for the winding up of the subject corporation.

9 Notice of intention to appear(1) Any person who intends to appear on the hearing of an application,

notice of which has been advertised under this Part, who is not alreadya party, must, not later than 2 days before the date appointed for thehearing:(a) file a notice of appearance which must include:

(i) a statement of the relationship of the person to the subjectcorporation, and

(ii) a statement that the person intends to support or oppose theapplication, as the case may be, and

(b) serve the notice of appearance on the plaintiff and on each otherparty of whose address for service the person has notice.

(2) (Repealed)



Division 3 Advertisement10 Advertisement and inspection of certain applications

(1) This rule applies to an application for an order under any of theprovisions of the Corporations Law referred to in column 1 of Table 1below.

Table 1

(2) The descriptions in column 2 of Table 1 are inserted for convenience ofreference only, and do not affect the operation of this rule.

(3) Subject to subrule (4), notice of an application to which this rule appliesmust be advertised not later than 7 days before the date appointed forthe hearing.

(4) Notice of an application for an order under section 459A or section 461must not be advertised earlier than 3 days after the date of service of thesummons on the subject corporation.

(5) The notice shall be in Form 154B.(6) Where an application to which this rule relates is made otherwise than

by the subject corporation, the applicant shall, as soon as practicableafter filing the document by which proceedings in the application iscommenced, and in any event not later than 14 days after that documentis filed, serve that document and the affidavit in support of theapplication on the subject corporation.

Column 1 Column 2Provision Descriptions 246D (5) Rights of holders of classes of shares and of

memberss 254E (1) Validation of shares improperly issueds 411 (4) (b) and (6) Compromises and arrangementss 413 (1) Reconstruction and amalgamation of Part

5.1 bodiess 459A Winding up (insolvency)s 461 Winding up (general grounds)s 601FP Appointment of temporary responsible

entitys 601ND (1) Winding up of schemes



(7) Any creditor, contributory or officer of a subject corporation shall at anytime before the date appointed for the hearing be entitled to inspect atthe address specified in the notice copies of the summons andsupporting affidavits in respect of any application, notice of which hasbeen advertised under this rule.

Division 4 Notice to ASIC11 Service of certain applications

(1) This rule applies to an application for an order under any of theprovisions of the Corporations Law referred to in column 1 of Table 2below.

Table 2

(2) The descriptions in column 2 of Table 2 are inserted for convenience ofreference only, and do not affect the operation of this rule.

(3) Subject to section 411 (2), copies of the summons and supportingaffidavits in respect of an application to which this rule applies must beserved on ASIC a reasonable time before the date appointed for thehearing of the application.

Column 1 Column 2Provision Descriptions 342 (8) Restoration of name to the registers 350 (9) Restoration of name to the register (foreign

company)s 411 (1) or (1A) Administration of compromisess 480 Release of liquidators 536 (1) Supervision of liquidatorss 601AH (2) Reinstate deregistered companys 737 Prohibited acquisitions 739 Protection of rights under a takeover

schemes 740 Unfair agreementss 741 Defaulting substantial shareholders 742 Undisclosed beneficial shareholder



Divisions 5, 6 12, 13 (Repealed)

Division 6A Remuneration of receiver, administrator and special manager

13A Remuneration of receiver (s 425 (1))(1) The summons or notice of the motion, by which application is made by

a receiver for an order fixing his or her remuneration under section 425(1), must not be filed until the expiration of 21 days after the applicanthas served notice in Form 154I of his or her intention to apply for theorder, together with a copy of the affidavit on which the applicantintends to rely, on:(a) the person who appointed the receiver,(b) any other creditor holding security over all or any of the same

property,(c) any liquidator or provisional liquidator of the subject

corporation,(d) any administrator of the subject corporation,(e) any administrator of a deed of company arrangement executed by

the subject corporation, and(f) if there is no person of the kinds referred to in (c), (d) and (e):

(i) each of the 5 largest unsecured creditors of the subjectcorporation, and

(ii) each member of the subject corporation whoseshareholding represents at least 10 per cent of the issuedcapital.

(2) Any creditor or contributory or any of the persons referred to inparagraphs (c), (d) and (e) of subrule (1) may within 21 days afterservice of the last of the notices required by subrule (1) deliver to theapplicant a notice of objection to the remuneration claimed, stating thegrounds of objection.

(3) Where the applicant files with the summons or notice of motion anaffidavit made after the expiration of the lastmentioned period of 21days:(a) proving service of the notices required by subrule (1) (b), and(b) stating that he or she has received no notice of objection to the

remuneration claimed,and the summons or notice of motion is endorsed with a request that theapplication be determined or dealt with by the Court in the absence of


Supreme Court Rules 1970Rule 13B

the public and without any attendance by or on behalf of the applicant,the application may be so dealt with by the Court.

(4) The summons or notice of motion must be served on any creditor orcontributory or other person who has given notice of objection undersubrule (2).

(5) The evidence in support of the application must include an affidavitstating:(a) the nature of the work carried out by the applicant together with

a summary of receipts and payments for the relevant period, and(b) if at the time of the application the applicant remains the receiver,

any matters delaying the completion of the receivership.

13B Remuneration of administrator (s 449E (1))(1) The summons or notice of the motion, by which application is made for

an order fixing an administrator’s remuneration under section 449E (1),must not be filed until the expiration of:(a) 28 days after the date when a meeting of creditors referred to in

section 449E (1) was last held, and(b) 21 days after the applicant has served notice in Form 154I of his

or her intention to apply for the order, together with a copy of theaffidavit on which the applicant intends to rely, on:(i) each creditor who was present in person or by proxy at the

meeting of creditors,(ii) each member of any committee of inspection, and

(iii) each member of the subject corporation whoseshareholding represents at least 10 per cent of the issuedcapital.

(2) Any creditor or contributory may within 21 days after service of the lastof the notices required by subrule (1) deliver to the applicant a notice ofobjection to the remuneration claimed, stating the grounds of objection.


remuneration claimed,and the summons or notice of motion is endorsed with a request that theapplication be determined or dealt with by the Court in the absence ofthe public and without any attendance by or on behalf of the applicant,the application may be so dealt with by the Court.


Supreme Court Rules 1970 Rule 13C

(4) The summons or notice of motion must be served on any creditor orcontributory who has given notice of objection under subrule (2).


a summary of receipts and payments for the relevant period, and(b) if at the time of the application the applicant remains the

administrator, any matters delaying the completion of theadministration.

13C Remuneration of special manager (s 484 (2))(1) The summons or notice of the motion, by which application is made by

a special manager for an order fixing his or her remuneration undersection 484 (2), must not be filed until the expiration of 21 days after theapplicant has served notice in Form 154I of his or her intention to applyfor the order, together with a copy of the affidavit on which theapplicant intends to rely, on:(a) the liquidator,(b) each member of any committee of inspection, or if there is no

committee of inspection, each of the 5 largest creditors of thesubject corporation, and

(c) each member of the subject corporation whose shareholdingrepresents at least 10 per cent of the issued capital.

(2) The liquidator or any creditor or contributory may within 21 days afterservice of the last of the notices required by subrule (1) deliver to theapplicant a notice of objection to the remuneration claimed, stating thegrounds of objection.


remuneration claimed,and the summons or notice of motion is endorsed with a request that theapplication be determined or dealt with by the Court in the absence ofthe public and without any attendance by or on behalf of the applicant,the application may be so dealt with by the Court.

(4) The summons or notice of motion must be served on the liquidator orany creditor or contributory who has given notice of objection undersubrule (2).




a summary of receipts and payments for the relevant period, and(b) if at the time of the application the applicant remains the special

manager, any matters delaying the completion of the specialmanagement.

Division 7 Winding up14 Index: search

Any person may, upon payment of the fee (if any) fixed under the Act,search in the index kept in the registry against the name of a subjectcorporation.

15 Form of affidavit in support of statutory demand (s 459E (3))(1) An affidavit referred to in section 459E (3) must:

(a) subject to subrule (2), be made by the creditor or, where there ismore than one creditor, by one of them,





(2) In the case of a creditor which is:(a) a corporation—an affidavit by a member or officer of the

corporation having knowledge of the facts so far as they areknown to the corporation is taken to be an affidavit by thecreditor,

(b) the Crown—an affidavit by an officer of the Crown havingknowledge of the facts so far as they are known to the Crown istaken to be an affidavit by the creditor, and

(c) a company to which a liquidator or provisional liquidator hasbeen appointed—an affidavit by the liquidator or provisionalliquidator is taken to be an affidavit by the creditor.

(3) An affidavit under this rule must:(a) be in accordance with the prescribed form,



(b) contain the statement headed “Important Note” set out in theform, and

(c) not state a proceeding number.(4) An affidavit under this rule must not be filed with the Court.(5) For the purposes of section 459E (3), an affidavit in support of a

statutory demand that complies with the rules of:(a) the Federal Court of Australia, or(b) the Supreme Court of another State or Territory in which the

registered office of the company to be served is situated,is taken to be an affidavit that complies with this rule.

(6) In subrule (2), Crown includes not only the Crown in right of NewSouth Wales but also the Crown in any other capacity.

16 Form of affidavit in support of an application to wind up relying on failure to comply with statutory demand (s 459Q (c))(1) An affidavit referred to in section 459Q (c) must:

(a) be in accordance with the prescribed form,(b) subject to subrule (2), be made by the plaintiff or, where there is

more than one plaintiff, by one of them,(c) set out the facts entitling the deponent under paragraph (b) to

make the affidavit,(d) state the source of the deponent’s knowledge of the matters stated

in the affidavit concerning the debt or debts,(e) state that the deponent believes those matters to be true, and(f) state that the deponent believes that there is no genuine dispute


(2) In the case of a plaintiff which is:(a) a corporation—an affidavit by a member or officer of the

corporation having knowledge of the facts so far as they areknown to the corporation is taken to be an affidavit by theplaintiff,

(b) the Crown—an affidavit by an officer of the Crown havingknowledge of the facts so far as they are known to the Crown istaken to be an affidavit by the plaintiff, and

(c) a company to which a liquidator or provisional liquidator hasbeen appointed—an affidavit by the liquidator or provisionalliquidator is taken to be an affidavit by the plaintiff.



(3) In subrule (2), Crown includes not only the Crown in right of NewSouth Wales but also the Crown in any other capacity.

17 Time prescribed (s 465C)The period prescribed for the purposes of section 465C is a periodterminating 2 days before the date appointed for the hearing.

18 Evidence in support of winding up applicationThe evidence in support of an application for the winding up of acorporation shall include:(a) an affidavit stating:

(i) unless the plaintiff is the subject corporation, the capacityin which the plaintiff makes the application under section459P or section 462 (2),

(ii) the grounds of the application and a reference to theprovision or provisions of the Corporations Law on whichthe plaintiff relies,

(iii) the statute under which the subject corporation wasincorporated,

(iv) the date of its incorporation,(v) whether or not an administrator has been appointed to the

subject corporation and, if so, details of that appointment,as ascertained by a search of the records maintained byASIC made not earlier than seven days before thesummons was filed,

(vi) whether or not a winding up application was pending or awinding up order had been made against the subjectcorporation and, if so, details of that application or order,as ascertained by a search of the records maintained byASIC made not earlier than seven days before thesummons was filed, and

(b) unless the subject corporation is the plaintiff or has entered anappearance, proof of the address of its registered office asascertained by a search of the records maintained by ASIC madenot earlier than 7 days before the summons was filed, supportedby a copy of the last or only notice of the address, or change inthe situation, of its registered office lodged with ASIC or withany predecessor of ASIC.



19 Discontinuance (ss 459 and 461)Proceedings shall not be discontinued without the leave of the Court, sofar as they concern a claim for a winding up order under section 459Aor section 461.

20 Service of notice of appointment of liquidator or provisional liquidator(1) Where the Court appoints a liquidator or a provisional liquidator:

(a) the plaintiff must:(i) obtain from the Court and serve on the liquidator or

provisional liquidator by delivery or by facsimiletransmission to his or her office, a sealed copy of a noticein Form 154F not later than 1 day after the appointment ismade, and

(ii) if the subject Corporation is not the plaintiff—serve a copyof the notice on the subject Corporation by delivery or byfacsimile transmission or by pre-paid post to its registeredoffice not later than 1 day after the appointment is made,and

(b) the liquidator or provisional liquidator must, not later than 7 daysafter the appointment is made, cause to be advertised a notice inForm 154G or Form 154H, as the case requires.

(2) For the purposes of subrule (1), a sealed or unsealed copy is sufficientlyserved at an office if the information contained in the copy istransmitted to a facsimile transmission number by a means thatreproduces, in that office, the information as it appears in the copy.

21 Appeal from registrar: winding up order(1) An appeal shall lie to the Court constituted by a Judge from a winding

up order made by a registrar.(2) Subject to such changes as it is necessary to make, Divisions 4 and 5 of

Part 45 of the Uniform Civil Procedure Rules 2005 apply to an appealunder subrule (1) in the same way as they apply to an appeal underDivision 1 of that Part.

(3) (Repealed)

22 Remuneration of provisional liquidator (s 473 (2))(1) An application by a provisional liquidator for determination of his or

her remuneration by the Court under section 473 (2) must be made bymotion in the winding up proceedings.

(2) Notice of the motion must not be filed until the expiration of 21 daysafter the applicant has served written notice of intention to apply for



such determination in Form 154I together with a copy of the affidavitupon which the applicant intends to rely, on:(a) any liquidator of the subject corporation (other than the

applicant),(b) each member of any committee of inspection, or if there is no

committee of inspection, each of the 5 largest creditors of thesubject corporation, and

(c) each member of the subject corporation whose shareholdingrepresents at least 10 per cent of the issued capital.

(3) The liquidator or any creditor or contributory may within 21 days afterservice of the last of the notices required by subrule (2) deliver to theapplicant a notice of objection to the remuneration claimed, stating thegrounds of objection.

(4) Where the applicant files with the notice of motion an affidavit madeafter the expiration of the lastmentioned period of 21 days:(a) proving service of the notices required by subrule (2), and(b) stating that he has received no notice of objection to the

remuneration claimed,and the notice of motion is endorsed with a request that the applicationbe determined or dealt with by the Court in the absence of the public andwithout any attendance by or on behalf of the applicant, the applicationmay be so dealt with by the Court.

(5) The notice of motion must be served on any liquidator, creditor orcontributory of the subject corporation who has given notice ofobjection under subrule (3).



provisional liquidator:(i) any reasons known to the applicant why the winding up

proceedings have not been determined, and(ii) any reasons why the applicant’s remuneration should be

determined prior to the determination of the winding upproceedings.



23 Remuneration of liquidator (s 473 (3))(1) An application by a liquidator for determination of his or her

remuneration by the Court under section 473 (3) must be made bymotion in the winding up proceedings.

(2) Notice of the motion must not be filed until the expiration of:(a) 28 days after the holding of the meeting of creditors referred to in

section 473 (4), and(b) 21 days after the applicant has served notice in form 154I of his

or her intention to apply for such determination, together with acopy of the affidavit on which the applicant intends to rely, on:(i) each creditor who was present in person or by proxy at the

meeting of creditors,(ii) each member of any committee of inspection, and

(iii) any member of the subject corporation whoseshareholding represents at least 10 per cent of the issuedcapital.

(3) Any creditor or contributory may within 21 days after service of the lastof the notices required by subrule (2) deliver to the applicant a notice ofobjection to the remuneration claimed, stating the grounds of objection.

(4) Where the applicant files with the notice of motion an affidavit madeafter the expiration of the lastmentioned period of 21 days:(a) proving service of the notices required by subrule (2) (b), and(b) stating that he has received no notice of objection to the

remuneration claimed,and the notice of motion is endorsed with a request that the applicationbe determined or dealt with by the Court in the absence of the public andwithout any attendance by or on behalf of the applicant, the applicationmay be so dealt with by the Court.

(5) The notice of motion must be served on any creditor or contributory ofthe subject corporation who has given notice of objection under subrule(3).



liquidator, any matters delaying the completion of the windingup.



24 Copy of a report under s 475 (7) (a)The copy of the report required to be filed with the Court under section475 (7) (a) shall be a copy certified in writing by the liquidator of thesubject corporation to be a true copy of the original report.

25 Report by the liquidator to the Court: stay of winding up (s 482 (2))A report by the liquidator to the Court under section 482 (2) may befurnished to the Court by filing it in Form 154J.

26 Special manager (s 484)(1) This rule applies to proceedings in the Court under section 484 (which

section relates to a special manager).(2) The liquidator may file an unverified statement in support of the

application, instead of an affidavit.(3) Security is sufficiently given if it is given for any winding up in which

the person giving security is appointed a special manager.(4) The Court may at any time and from time to time give directions for the

giving of security in a different amount to the amount for which securitywas previously given.

(5) Where security is given to the satisfaction of an associate Judge, he shallgive a certificate to that effect.

27 Accounting by special manager (s 484 (2) (a))(1) Subject to any order of the Court under section 484 (2) (a) the special

manager shall furnish his accounts to the liquidator.(2) The accounts shall be verified by affidavit.(3) The affidavit may be in Form 154K and subscribed to the accounts.(4) When the accounts are approved by the liquidator, the totals of the

receipts and payments shall be included by the liquidator in hisaccounts.

28 Default of special manager(1) Where any special manager is required by the rules or any direction of

the Court to do anything and does not carry out the requirement, theliquidator shall apply to the Court for directions in respect of the defaultand the Court may make such orders and give such directions as theCourt thinks fit.

(2) Without limiting subrule (1), where a special manager is required by therules or by any order or direction of the Court to pay into Court any sumshown by his account as due from him, and he does not comply with the



requirement, the Court may charge him with interest at the rateprescribed for payment of interest by a receiver under rule 26.6 (3) ofthe Uniform Civil Procedure Rules 2005 on that sum while in hispossession as special manager.

(3) This rule does not limit the powers of the Court as to the enforcementof orders or as to the punishment of contempt.

29 Complaints concerning liquidator or provisional liquidator (s 536 (1))(1) The complaint to the Court under section 536 (1) shall be filed with the

summons claiming an inquiry under the subsection in respect of thematter complained of.

(2) A complaint under section 536 (1) shall not be inspected or used exceptby leave of the Court.

30 Report concerning liquidator or provisional liquidator (s 536 (2))(1) A report to the Court by ASIC under section 536 (2) shall be filed with

the summons claiming orders under the subsection in respect of thematter reported.

(2) A report made under section 536 (2) shall not be inspected or usedexcept by leave of the Court.

31 Report by the chairman to the Court: meeting of creditors etc (s 547)A report by the chairman to the Court under section 547 may be madeby filing a report in Form 154J.

32 Appeal from liquidator etc (s 1321)(1) An appeal to the Court under section 1321 in respect of an act, omission

or decision of a receiver, receiver and manager, liquidator or provisionalliquidator, appointed by the Court, shall be instituted by motion in theproceedings in which the appointment was made, within 28 days afterthe date on which the person who wishes to appeal receives notice of theact, omission or decision.

(2) (Repealed)(3) A person mentioned in section 1321 (a), (b), (c), (ca), or (d) may, on

application in writing made to that person before the expiration of thetime limited by subrule (1) (other than the time extended by the Court)for instituting an appeal from that person’s act, omission or decision,grant, by notice in writing, an extension of that time and, where thatperson does so, he or she shall deliver the notice to the applicant whoshall file the notice with the summons or notice of motion (as the casemay be) instituting the appeal.



33 Release of liquidator (s 480)(1) An application by a liquidator for:

(a) an order under section 480 (c) that he or she be released, or(b) an order under section 480 (d) that he or she be released and that

the subject corporation be dissolved,must be made by motion in the winding up proceedings.

(2) An application by a liquidator for an order under section 480 (c) that heor she be released must state the grounds on which it is contended thatthe subject corporation should not be dissolved.

(3) Unless the Court otherwise orders, the liquidator must, not less then 21days prior to filing notice of the motion:(a) send:

(i) a notice in form 154L,(ii) a copy of the application for release,

(iii) a copy of the summary of receipts and payments, and(iv) a copy of the statement showing the subject corporation’s

position,by prepaid post to each creditor who has proved his or her debtand to each contributory, and

(b) cause notice of the application in form 154M to be published inthe Commonwealth of Australia Gazette.

(4) Where a liquidator applies for an order under section 480 (c) or section480 (d), he or she shall file with notice of the motion:(a) a summary of receipts and payments in the winding up,(b) a statement showing the position of the subject corporation at the

date the application was filed, and(c) an affidavit:

(i) stating whether the whole of the property of the subjectcorporation has been realised, or whether so much of theproperty of the subject corporation has been realised as canbe realised without needlessly prolonging the liquidation,

(ii) stating details of any calls made upon contributories in thecourse of the winding up,

(iii) stating details of any dividends paid in the course of thewinding up,

(iv) stating whether the committee of inspection, if any, haspassed a resolution approving of the liquidator’s release,



(v) stating whether ASIC has appointed an auditor to report onan account or a statement of the position in the winding upunder section 539 (2),

(vi) stating whether the Court has ordered a report on theaccounts of the liquidator to be prepared,

(vii) stating whether any objection has been received by theliquidator to his or her release as liquidator of the subjectcorporation from any auditor appointed by ASIC or by theCourt or from any creditor, contributory or other personinterested,

(viii) stating whether any report has been submitted by theliquidator to ASIC under section 533,

(ix) stating whether the unsecured creditors of the subjectcorporation have been paid more than 50 cents in the dollarand whether it is otherwise necessary to report on theaffairs of the subject corporation or its officers,

(x) stating details of any onerous property disclaimed in thecourse of the winding up,

(xi) stating details of any costs and expenses payable by theliquidator if the Court grants his or her release,

(xii) annexing a copy of:(A) the notice sent to each creditor and contributory in

compliance with paragraph (a) of subrule (3), and(B) the notice published in the Commonwealth of

Australia Gazette in compliance with paragraph (b)of subrule (3), and

(xiii) including statements by the liquidator to the followingeffect:(A) “To the best of my belief there has been no act done

or default made by me in the administration of theaffairs of the subject corporation or otherwise inrelation to my conduct as liquidator which is likelyto give rise to any liability to the subject corporationor any creditor or contributory” and, whereapplicable, add “except as disclosed in thisaffidavit”,

(B) “I am not aware of any claim made by any personthat there has been any such act or default” and,where applicable, add “except as disclosed in thisaffidavit”.

(5) A creditor or contributory who wishes to object to the grant of releaseto a liquidator must deliver to the liquidator a notice of objection stating



the grounds of objection within 21 days of publication of the noticereferred to in subrule (3) (b).

(6) Where the applicant files with the notice of motion an affidavit madeafter the expiration of the 21 days:(a) proving compliance with subrule (3), and(b) stating that he has received no notice of objection to the release,and the notice of motion is endorsed with a request that the applicationbe determined or dealt with in the absence of the public and without anattendance by or on behalf of the applicant, the application may be sodetermined or dealt with by the Court.

34 Exercise of Court’s power by liquidator (s 488 (1))Subject to the Corporations Law, the Corporations Regulations, thisPart, and any order of the Court, the powers and duties conferred on theCourt by Part 5.4B of the Corporations Law in respect of the mattersreferred to in section 488 (1) may be exercised by the liquidator as anofficer of the Court and subject to the control of the Court.

35 Destruction of books (s 542 (3) (a))(1) An application for an order under section 542 (3) (a) must be made by

motion in the winding up proceedings.(2) Where notice of the motion is endorsed with a request that the

application be dealt with by the Court in the absence of the public andwithout an attendance by or on behalf of the applicant, the applicationmay be so dealt with by the Court.

Division 8 Examinations36 Examination of persons concerned with corporations (Part 5.9 Division

1)(1) This rule applies to proceedings on an application to the Court for a

summons under section 596A or section 596B (in these rules referred toas an Examination Summons).

(2) The summons by which the application is made shall be served:(a) where a liquidator has been appointed, unless he is the

applicant—on the liquidator, and(b) unless ASIC is the applicant—on ASIC,and need not be served on any other person unless the Court so directs.

(3) The applicant shall, when making the application, lodge in the registrya draft of the Examination Summons applied for.



(4) An affidavit referred to in section 596C must set out:(a) the facts relied on to establish that the applicant is an eligible

applicant for the purposes of section 596B,(b) the facts relied on to establish the matters referred to in section

596B (1) (b), and(c) if production of books is to be required—the deponent’s belief

that the books, the production of which is sought, are reasonablyrequired for the purposes of the examination and the grounds forthat belief.

(5) An affidavit or other material filed in support of an application for anExamination Summons shall not, except with the leave of the Court, beopen to inspection by any person other than the liquidator or any personauthorised by ASIC.

(6) An Examination Summons shall be in form 154N.(7) The applicant shall cause notice of the time and place appointed for the

holding of an examination (but not, unless the Court so orders, for theholding of an adjourned examination) to be advertised.

(8) An Examination Summons shall be served personally on the personwho is to be examined.

(9) Where the Court makes an order under section 597 (13), the writtenrecord, signed if so required by the Court under that subsection, shall befiled in the registry.

(10) Where:(a) the examination of a person under section 597 is held wholly or

partly in public, and(b) a written record or transcript of the questions put to the person

and the answers given by the person at the examination is filed inthe registry,

the registrar shall, upon application by the person made within 3 yearsof the date of the conclusion of the examination and payment of theprescribed fee, furnish to the person a copy of the written record ortranscript of such part of the examination as is held in public.

(11) A transcript is authenticated under section 597 (14) if the person whoprepared the transcript, or under whose supervision the transcript wasprepared, certifies in writing signed by that person that the transcript isa true record of the examination.

(12) In this rule, liquidator includes a provisional liquidator.



37 Default in relation to an examination(1) When a person is summoned under an Examination Summons and the

examination is, or is to be, held before the Court constituted by aregistrar, and that person (in this rule referred to as the person indefault):(a) fails to attend as required by the Examination Summons,(b) fails to attend from day to day until the conclusion of the

examination,(c) refuses or fails to take an oath or make an affirmation,(d) refuses or fails to answer a question that the Court directs him or

her to answer,(e) refuses or fails to produce books that the Examination Summons

requires him or her to produce, or(f) fails to comply with a requirement by the court to sign a written

record of the examination,and if, in the case of a failure or refusal referred to in paragraphs (a), (b),(c), (d) or (e), it does not appear to the registrar that there was anyreasonable excuse, the registrar must, on the request of any personentitled to take part in the examination, give to that person a signedcertificate of the failure or refusal.

(2) On application by a person to whom such a certificate has been given,the Court, if satisfied that there has been a contravention of section 597(6), (7) or (13), may order the person in default to do the relevant act andto pay any costs occasioned by the failure or refusal.

(3) On an application under subrule (2), a signed certificate given undersubrule (1) constitutes evidence of the matters certified.

Division 9 Winding up of bodies other than companies38 Winding up of bodies other than companies (s 583)

The rules apply, with such adaptations as are necessary, to a body towhich Part 5.7 of the Corporations Law applies as they apply to acompany.

Part 81 1–40 (Repealed)



Part 82 Public Notaries Act 19971 Interpretation

In this Part, unless the context or subject-matter otherwise indicates orrequires:(a) Board means the Legal Practitioners Admission Board,(b) notary means a person appointed under the Public Notaries Act

1997,(c) roll means the roll of notaries mentioned in section 7 of the

subject Act,(d) subject Act means the Public Notaries Act 1997.

2 Application by person approved by BoardA person who has been approved by the Board as a suitable candidatefor appointment as a notary may, unless the Court otherwise orders,apply for appointment without having filed any originating process inthe Court.

3 Appointment in the absence of the public etcOn an application under rule 2, the Court may make an order in theabsence of the public and without any attendance by or on behalf of anyperson, unless the plaintiff has filed a request that the application not bedealt with under this rule.

4 Taking oath etc(1) An applicant for appointment under section 6 of the subject Act shall,

before applying to the Court for appointment, attend at a registry of theCourt on appointment and:(a) take the oath of office prescribed in Form 157, and(b) sign a certificate that the oath was duly tendered and taken.

(2) A registrar may administer the oath of office.

5 Particulars to be entered in the rollThe officer designated under section 7 of the Act as the registrar ofpublic notaries shall enter in the roll:(a) the date of the notary’s appointment,(b) particulars of any penalty imposed on the notary as the result of

disciplinary action, and



(c) where the name of the notary is removed from the roll, the dateof removal and the provision under which the removal wasauthorised.

6 (Repealed)

7 Application under the Mutual Recognition Act(1) This rule applies to proceedings commenced by notice under Section 19

(1) of the Mutual Recognition Act.(2) The notice must, unless the Court otherwise orders:

(a) be lodged by filing it in the registry at Sydney,(b) show the name, residential address and business address of the

applicant,(c) where the applicant is represented by a solicitor, show:

(i) the name, address and telephone number of the solicitor,and

(ii) if that solicitor has another solicitor as agent in theproceedings—the name, address and telephone number ofthe agent,

(d) show an address for service,(e) be dated not more than 14 days before the date on which it is

filed, and(f) be accompanied by a certificate which:

(i) evidences the existing registration which gives rise to theentitlement of the applicant under the Mutual RecognitionAct to entry in the roll,

(ii) is given by the proper officer of the Supreme Court of theState or Territory where such existing registrationoccurred unless the document mentioned in Section 19 (3)of the Mutual Recognition Act, accompanying the notice,fulfils the requirements of this paragraph.

(3) The applicant shall, on or before the day of filing, serve the notice andaccompanying documents on the Society of Notaries of New SouthWales Incorporated and the Board and shall file an affidavit of servicewithin 14 days of filing the notice.

(4) The applicant shall:(a) prior to, or(b) within 14 days after,filing the notice, attend at a registry of the Court or at the office of theSupreme Court of his or her State or Territory and take the oath of office



as a notary in Form 159A, and cause the certificate included in that formto be completed and shall:(c) at the time of, or(d) within 14 days after,filing the notice, file the form of oath and the certificate.

(5) Notwithstanding rule 31.2 of the Uniform Civil Procedure Rules 2005:(a) the statements and other information in the notice which are

verified by statutory declaration,(b) the document mentioned in section 19 (3) of the Mutual

Recognition Act, certified under section 19 (4) of that Act,accompanying the notice, and

(c) the certificate referred to in subrule (2) (f),are admissible in evidence and, unless the Court otherwise orders, shallnot be the subject of oral evidence by the applicant.

(6) (Repealed)(7) The Court may, of its own motion, obtain information under section 37

of the Mutual Recognition Act and such information is admissible inevidence without further proof.

(8) The application for enrolment made by the notice may be determined ordealt with by the Court in the absence of the public and without anyattendance by or on behalf of the applicant.

(9) If the Court is satisfied that the applicant is entitled to enrolment, it shallorder that the applicant be appointed as a notary.

8 Certificate of appointmentA person appointed as a notary shall be entitled to receive a certificatebearing the seal of the Court.

Part 83 1–5 (Repealed)



Part 84 Crimes (Administration of Sentences) Act 19991 Application by offender for direction relating to decision of Parole

AuthorityAn application to the Court by an offender under section 155 or 176 ofthe Crimes (Administration of Sentences) Act 1999 in relation to adecision of the Parole Authority is to be made by sending theapplication in Form 161 to the Registrar.

2 Application by State for direction relating to decision of Parole AuthorityAn application to the Court by the Attorney General or the Director ofPublic Prosecutions under section 156 or 177 of the Crimes(Administration of Sentences) Act 1999 in relation to a decision of theParole Authority is to be made by sending the application in Form 162to the Registrar.

3 Secretary of Parole Authority to forward documents to Registrar(1) On the request of the Registrar, the Secretary of the Parole Authority

must, unless the Court otherwise orders, forward the following materialto the Registrar concerning the decision to which a relevant applicationrelates:(a) copies of any reports, documents, submissions and other

information placed before the Authority when it made thedecision,

(b) a copy of that part of the minutes of the Authority in which thereason for the decision was recorded.

(2) In this rule:relevant application means an application made under section 155, 156,177 or 178 of the Crimes (Administration of Sentences) Act 1999.



Schedules A–C (Repealed)


Supreme Court Rules 1970Schedule D

Schedule D Powers of associate JudgesPt 60, r 1A.

Part 1 Powers under NSW and Commonwealth Acts and regulations

Column 1 Column 2 Column 3Act or regulation and provision Description RestrictionAdministration of Justice Act 1924:• section 5 Enforcement of judgment of

British dominionArbitration (Civil Actions) Act 1983:• section 12 (1) Order to witness to attend

Bills of Sale Act 1898:

• section 4B Extension of time for registering, filing etc

Business Names Act 1962:

• section 14 Persons in default; orders for compliance or stay of proceedings

Business Names Act 2002:

• section 23 (2) Contraventions of Act; orders for compliance or adjournment of proceedings

Charitable Fundraising Act 1991:• section 32 Disposition of assets

Commercial Arbitration Act 1984:• section 18 (1) Examination before the

Court• section 30 Correcting award

• section 35 (1) (a) Delivery of award


Supreme Court Rules 1970 Schedule D

• section 36 Costs of abortive arbitration

• section 46 (2) (a) Terminating proceedings for delay

• section 48 Extension of time For making award only• section 53 Stay of proceedings

• section 54 Interpleader

• section 60 (d) Service of notices

Companies Act 1961:

• section 363 Security for costs

Companies Code:

• section 123 Reduction of capital

• section 212 Rectification of Register of Company Charges

• Part 12, Division 2 Winding up by the Court Except sections 377 (5) and 388

• section 396 (4) Members’ voluntary winding up: meeting

• section 401 Creditors’ voluntary winding up

• section 402 Creditors’ voluntary winding up: recognized company

• section 406 Voluntary winding up: remuneration of liquidator

• Part 12, Division 4 Winding up: companies In a winding up by the Court and except sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code

• Part 12, Division 6 Winding up: bodies other than companies

Except in respect of sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code

• section 533 Security for costs, etc

Column 1 Column 2 Column 3Act or regulation and provision Description Restriction



• section 536 Directions: meetings ordered by the Court

• section 539 Irregularities, extension of time, etc

Restricted orders or declarations in or for the purposes of proceedings for other relief under the Code which the associate Judge may grant

• section 541 Examination of persons concerned with corporations

Companies (New South Wales) Regulations—• regulation 78 Liquidator’s account

• regulation 81 Deposit with liquidator

• regulation 87 Costs of meeting

• regulation 90 Adjournment of meeting

• regulation 96 Votes of secured creditors

• regulation 118 Bills of exchange

• regulation 123 Costs of proof

• regulation 125 Dealing with proof

• regulation 126 Time for appeal

• regulation 134 Time for appeal

• regulation 143 Distribution of surplus

Confiscation of Proceeds of Crime Act 1989:• section 77 Registration of interstate

forfeiture order etc• section 82 (1) Order for cancellation of

registration of interstate forfeiture order etc

Contractors Debts Act 1997:

• section 14 Attachment order




Conveyancers Licensing Act 1995:• section 77 Directions relating to a

receiver• section 85 Bill of costs

Conveyancing Act 1919:

• section 36A Division of chattels

• section 66G Trustees for sale

• section 89 Modification of easements, etc

• section 98 (1) Amount due by absent, etc mortgagee

Corporations Act 2001 of the Commonwealth:• section 274 Rectification of register of

company charges• Part 5.3A Administration of

company’s affairs with view to executing deed of company arrangement

• Part 5.4 Winding up

• section 461 Winding up Where the application is not opposed

• Part 5.4B Winding up Except ss 472 (2), (3) and (6), 486A, 486B and 487

• section 495 (4) Members’ voluntary winding up: meeting

• section 500 Creditor’s voluntary winding up

• section 504 Voluntary winding up: remuneration of liquidator

• Part 5.6 Winding up: companies In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2) and 568




• Part 5.7 Winding up: bodies other than companies

Except in respect of ss 532 (2), 536, 540 (1), 544 (2) and 568

• section 597 Examination of persons concerned with corporations

• section 1274 Directions to make good default in lodgement of documents

• section 1319 Directions, meetings ordered by the Court

• section 1321 Appeals from decisions of receivers, liquidators etc

Restricted to appeals in respect of decisions under section 430 (3) or 475 (8) of the Corporations Act 2001

• section 1322 Irregularities, extension of time etc

Restricted to orders or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the associate Judge may grant

• section 1324 Injunctions Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back

• section 1335 Security for costs etc

Corporations Regulations 2001 of the Commonwealth:• Part 5.6 Winding up

Damages (Infants and Persons of Unsound Mind) Act 1929:• section 4 Sanctioning settlements, etc

• section 5 Directions, etc, as to money paid to Public Trustee




• section 7 Assessments, directions, certificates and references as to costs

District Court Act 1973:

• section 143 Transfers to District Court

• section 145 Removal of proceedings

Exotic Diseases of Animals Act 1991:• section 62 Disputed claims for

compensationFamily Provision Act 1982 Family provision

Foreign Judgments Act 1973:• sections 6, 8, 9 Enforcement of judgment of

a countryForeign Judgments Act 1991 of the Commonwealth:• sections 6, 7, 8, 9 Enforcement of judgment of

a countryInsurance Act 1902:

• section 17A (1) Joinder of insurer etc

International War Crimes Tribunals Act 1995 of the Commonwealth:• section 45 (1) Registration of a forfeiture

orderJudgment Creditors’ Remedies Act 1901:• Part 5 Charging orders

Jury Act 1977:

• section 38 (1) (b) Excusing juror

Land and Environment Court Act 1979:




• section 72 Transfer to Land and Environment Court

Landlord and Tenant Act 1899:• section 2A (3) Time for writ of possession

• section 9 (1) Payment into Court

• section 9 (2) Direction for entry of judgment

• section 10 Stay

• section 27 (2) Relief relating to bond

• section 27 (3) Cancellation of bond

Legal Profession Act 1987:

• section 80 (7) (d) Claim against Fidelity Fund; time

• section 87 (4) (b) Final date for claim against Fund

• section 90C Enforcement against Fund

• section 102 Directions relating to a receiver

• section 208L Appeal against decision of costs assessor

• section 208M Leave to appeal, appeal: determination of costs assessor

• section 208N Suspension of costs determination and ending suspension

• section 209C Order for barrister or solicitor to give to a client a bill of costs or certain documents

Limitation Act 1969:




• section 58 (2) Extension of limitation period—personal injury action not surviving

• section 59 (2) Extension of limitation period—personal injury action which survives

• section 60 (2) Extension of limitation period—compensation to relatives claim

• sections 60C–60H Personal injury cases

• section 73 (1) Extension of limitation period—arbitration

• Schedule 5 clause 5 (5)

Transitional provisions

Married Persons (Equality of Status) Act 1996:• section 13 Fraudulent investment of

spouse’s moneyMinors (Property and Contracts) Act 1970:• section 41 (3) Removal of proceedings

Motor Accidents Act 1988:

• section 42 (4) Explanation for non compliance

• section 42 (5) Allow proceedings to continue

• section 43A (7), 44B Dismiss proceedings

• section 47A Joinder of insurer

• section 48 Co-operation with person against whom claim made and the person’s insurer

• section 52 (4) Commencing proceedings

• section 66A (1) Joinder of insurer




Motor Accidents Compensation Act 1999:• section 36 (5) Extension of time for giving

notice• section 36 (7), (8) Joinder of Nominal

Defendant• section 70 (2) Explanation for non-

compliance• section 70 (3) Allow proceedings to

continue• section 73 (4), 76 Dismiss proceedings

• section 79 Joinder of insurer

• section 85 Co-operation with person against whom claim made and the person’s insurer

• section 109 (1) Commencing proceedings

• section 119 (1) Joinder of insurer

Motor Vehicles (Third Party Insurance) Act 1942:• section 14E (1) and

(2)Joint hearing and transfer

Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth:• section 34A Registration of a foreign

forfeiture order, a foreign pecuniary penalty order or a foreign restraining order

• section 34A (5) Registration of amendment to a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order

• section 34G Order cancelling registration




Offshore Minerals Act 1994 of the Commonwealth:• section 351 (1) (a) Removal of caveat

• section 351 (1) (c) Extending caveat

• section 351 (2) Non-registration of further caveat

Offshore Minerals Act 1999:

• section 351 (1) (a) Removal of caveat

• section 351 (1) (c) Extending caveat

• section 351 (2) Non registration of further caveat

Probate and Administration Act 1898 (including former provisions of the Wills, Probate and Administration Act 1898 with continuing application):• former section 13 Gifts to interested witnesses

• former section 15A Effect of termination of marriage

• section 84 Application for legacy, etc

• section 146 Caveat: application for grant to proceed

Proceeds of Crime Act 1987 of the Commonwealth:• section 23A (2) Direction to DPP to give or

publish notice of registrationProceeds of Crime Act 2002 of the Commonwealth:• Division 1 of Part 2-2 Forfeiture order

Property (Relationships) Act 1984

De facto relationshipsDomestic relationships




Property, Stock and Business Agents Act 1941:• section 83J Directions relating to a

receiver• section 83V Directions relating to a

receiverProperty, Stock and Business Agents Act 2002:• section 160 Directions relating to a

receiver• section 161 Directions relating to a

receiverReal Property Act 1900:

• section 74D (2) Extending caveat

• section 74K (2) Extending caveat

• section 74MA (2) Withdrawal of caveat

• section 74O Further caveat

Service and Execution of Process Act 1992 of the Commonwealth:• section 17 (1) Shortening of time for

appearance• section 57 (1) Leave to serve a subpoena

outside the State etc• section 67 (1) Order to produce

• section 76 (1) Leave to serve a subpoena outside the State etc

• section 79 (1) Order to produce

Succession Act 2006:

• Chapter 3 Family provision




Testator’s Family Maintenance and Guardianship of Infants Act 1916

MaintenanceExcept sections 13 to 21 inclusive (guardianship)

Trustee Act 1925:

• section 63 Judicial advice

• section 70 New trustees

• section 71 Vesting orders

• section 75 (1) Deceased mortgagee

• section 81 Advantageous dealings

• Part 4 Payment into Court Except section 97 (2)Trustee Companies Act 1964:• section 15B (4) Directions

• section 21 (2) Ordering account

• section 22 Ordering audit

• section 27 (1) Payment out

Workers Compensation Act 1987:• section 151A (5) (as

continued in effect by Part 18C of Schedule 6)

Leave to revoke election

• section 151C Commencing proceedings

• section 151D Commencing proceedings




Part 2 Limitations of powers under provisions of the rules

Column 1 Column 2 Column 3Rules of court and provision

Description Extent of power

Supreme Court Rules 1970:

Part 14A Technology and Construction List

Part 49—

Rule 3 (4) (b) Discharging or varying judgment or order.

Part 54 Prerogative and other orders Where paragraph 5 of Part 3 of this Schedule applies.

Part 55—

Rules 2, 4, 6, 8, 13, 14.

Contempt in the face or hearing of the Court.

Where paragraph 6 of Part 3 of this Schedule applies.

Rule 10 Arrest

Part 60 associate Judges

Part 68—

Rule 8 (2) General administration of an estate.

Rule 9 Conduct of sale of property

Part 69 Infants’ Custody and Settlements Act Rules.

Part 70—

Rule 9 (1) Affidavit of fitness of new trustee.

Rule 11 (3) Joining a defendant

Rule 14 Notice of payment into Court

Rule 15 Inquiries relating to application of funds.

Part 73 Adoption of Children



Part 3 General1 Trial (except with a jury) of proceedings, where the only matters in

question are the amount of damages and costs.

2 Trial (except with a jury) of proceedings where the only matters inquestion are the value of goods and costs or the amount of damages, thevalue of goods and costs.

3 Trial of proceedings pursuant to a direction under rule 9 of Part 56(which relates to interpleader).

3A (Interest up to judgment) Trial of proceedings where the only matters inquestion are interest under section 94 of the Act and costs.

4 Any:(a) trial or hearing of proceedings (except with a jury), or(b) matter (other than a matter of proceedings tried or to be tried with

a jury),where referred to an associate Judge by an order of a Judge or of theCourt of Appeal.

(c), (d) (Repealed)

5 An appeal from, or an application for prerogative or declaratory reliefrelating to, the Consumer, Trader and Tenancy Tribunal.

Part 75 Criminal proceedings

Part 76 Protective business Except as provided in Part 76.

Part 78 Probate Under Part 78 rules 34B (gift to witness), 60 (citation), 63, 69 and 70 (caveat).

Uniform Civil Procedure Rules 2005:Part 51 Court of Appeal

Column 1 Column 2 Column 3Rules of court and provision

Description Extent of power



5A Proceedings referred to an associate Judge by a Judge where thoseproceedings are an appeal from, or an application for prerogative ordeclaratory relief relating to, the Administrative Decisions Tribunal.

5B An appeal from a Local Court in any civil matter.

6 Punishment for contempt in the face of the Court or in the hearing of theCourt, where the Court is constituted by the associate Judge concerned,and punishment for breach of an undertaking given to the Courtconstituted by an associate Judge.

7 Under section 16 of the Act, the application of the Act to, and the effectof the repeals and amendments made by the Act on, proceedingscommenced in the Court before the commencement of the Act.

8 (Possession of land) Trial or hearing of proceedings (except with a jury)where:(a) the only matter in question is a claim for the possession of land, or(b) the only matters in question are a claim for the possession of land

and one or more of the following:(i) a claim or cross-claim for damages,

(ii) a claim or cross-claim for other money,(iii) a claim or cross-claim for costs.

9 (Costs) Hearing of proceedings where the only matter in question is thematter of costs.

10 Payment, transfer or delivery out of Court, and investment, of funds inCourt in the Equity Division.

11 Proceedings for perpetuation of testimony.

12 Orders under section 100 of the Act (which section relates to anappointment to execute an instrument).

13 (Extension of time for action) Under any provision mentioned inSchedule 1 of the Notice of Action and Other Privileges Abolition Act1977 to which section 3 to that Act (which section relates to a cause ofaction accrued before the commencement of that Act) applies.

14 (Lost bond or debenture) Orders under any provision by or under anyAct that a debenture or bond issued by a corporation constituted by thatAct, or a coupon annexed to that debenture or bond, has been lost ordestroyed or defaced and directions by or under that Act foradvertisement relating to that debenture, bond or coupon.



15 Orders under any provision made by or under any Act for theappointment of a receiver of the income of a corporation which isconstituted by that Act and which makes default in payment to theholder of any debenture, or coupon, issued or stock inscribed by thatcorporation.

16 Order under section 95 of the Act (which section relates to interest onmoney payable under a judgment).

17 (Running down cases) Trial (except with a jury) of proceedings towhich section 87 of the Act applies (which section relates to runningdown cases).

17A Trial (except with a jury) of proceedings in the Common Law Divisionon a claim in which:(a) damages are claimed in respect of the death of or personal

injuries to any person,(b) damages are claimed in respect of damage to property and:

(i) the proceedings include a claim in respect of the death ofor personal injuries to any person, and

(ii) if separate proceedings were brought in respect of:(A) the claim referred to in subparagraph (i), and(B) the claim in respect of damage to property,some common question of fact would arise in both claims,or

(c) contribution is claimed under Part III of the Law Reform(Miscellaneous Provisions) Act 1946 in respect of damages of thenature referred to in paragraph (a) or (b).

18 (Companies Code) An appeal under section 538 of the Companies (NewSouth Wales) Code in respect of a decision under section 329 (3) orsection 375 (8) of that Code (which subsections relate to the costs, etc,of a person making a report to a receiver or liquidator).

19 (Associations Incorporation Act) Appeal under section 58 of theAssociations Incorporation Act 1984 in respect of a decision undersection 375 (8) of the Companies Code in relation to an incorporatedassociation (which subsection relates to the costs, etc of a personmaking a report to a liquidator).

20, 21 (Repealed)

22 Trial (except with a jury) of proceedings under section 205F (1) orsection 206 (6) or section 207 (2) or section 243T (3) of the Customs Act1901 of the Commonwealth.



23 Trial (except with a jury) of proceedings under section 69E (1) orsection 69L or section 69R (3) or section 69W (4) of the WildlifeProtection (Regulation of Exports and Imports) Act 1982 of theCommonwealth.

24 Trial (except with a jury) of any proceedings arising out of or under thePartnership Act 1892 or any question arising in proceedings where theplaintiff alleges the plaintiff and any defendant were partners and thatthe partnership has terminated.

25 Trial (except with a jury) of proceedings for any of the followingmatters:(a) the foreclosure or redemption of a mortgage or the enforcing of

any charge or lien,(b) the specific performance, rectification, delivery up or

cancellation of any agreement for the sale or purchase of anyproperty or the lease of any property,

(c) relief against fraud or mistake,(d) the execution of a trust or a declaration that a trust subsists,(e) the administration of the estate of a deceased person,(f) any equitable claim or demand for recovery of money or

damages, whether liquidated or unliquidated (not being a claimor demand of a kind to which paragraph (a), (b), (c), (d) or (e)applies).

26 Trial (except with a jury) of any proceedings in the Equity Division inwhich all the parties are related to each other by blood or marriage(other than adoption proceedings or matters arising in the Court’sparens patriae jurisdiction).

27 Trial (except with a jury) of any proceedings arising out of or under theFrustrated Contracts Act 1978, the Contracts Review Act 1980 or theFair Trading Act 1987.

28 In proceedings in which an associate Judge has jurisdiction to determinea matter under these rules, any inherent jurisdiction of the Court todecide any associated or appendant matter in issue in the proceedings.

29 Any jurisdiction of the Court that is exercisable by a registrar of theCourt.

Schedule E (Repealed)


Supreme Court Rules 1970 Schedule F

Schedule F FormsPt 1, r 11.

Explanatory notes: 1. See Parts 1 and 65 generally, Part 66 rule 9, Part 76 rule 3 (protective proceedings),

Part 78 rules 3 and 4 (probate proceedings).2. Where a party is appearing in person, the appropriate alterations should be made to

these forms.3. The heading and title must appear in these forms as indicated in Form 1 unless

otherwise indicated or required. As to the title, see Part 65 rule 1, Part 6 rule 3, Part 73rules 4 and 5 (Adoption Act 2000), Part 77 rule 24 (Testators’ Family Maintenance etcAct 1916), Part 77 rule 56 (Family Provision Act 1982), Part 76 rule 3 (protectiveproceedings), Part 78 rules 3 and 4 (probate proceedings), Part 80 rule 3 (CompaniesCode) and Part 80A rule 3 (3) (Corporations Law and ASC Law). The description ofeach form is part of the form.

4. Where Part 65 rule 8 and Part 66 rule 9 apply to a form, the form should conclude inaccordance with form 4.

5. Underlining is not necessary.6. Where Registrar appears, Prothonotary should be substituted if the proceedings are in

the Common Law Division (section 119).7. The requirements for folding a document and for a backsheet have been discontinued.

See Form 1.

Form 1(First page of a document. See Part 65 rule 1.)

(Leave clear a space of about 50 millimetres from the top of the page.)

IN THE SUPREME COURT OF NEW SOUTH WALESSYDNEY (or as the case may be) REGISTRYCOMMON LAW (or as the case may be) DIVISIONS10 of 19 (or as the case may require: see Part 1 rule 10 (1) and Part 65 rule 1 (1))

(Do not describe the document here. The substance of the document shall be written within this space. A margin of not less than 25 millimetres shall be kept clear on the left hand side of the page. The dividing line to the left hand side shall be about 75 millimetres from the left hand edge of the page. The substance of a statement of accounts may commence on the following page. Where there is insufficient space on the left hand side of the page to include particulars of all the parties, this space may also be used to include particulars of parties and the substance of the document may be commenced on the following page.


Supreme Court Rules 1970Schedule F

Form 2(To be set out in accordance with Form 1)

(Describe the document)NOTICE OF MOTION(or, in the case of an affidavit)AFFIDAVIT(and show the name of the deponent and date of swearing)J. Smith7 May 19

Above “COMMON LAW DIVISION”in the margin name the registry at the place for trial or hearing. In respect of proceedings under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 omit “plaintiff” from the title and insert instead “appellant” and omit “defendant” from the title and insert instead “respondent”.

Filed for (Full name of filing party)HENRY JONES

Highlight the name of the document and the filing party by including a solid line above and below that information.)

JOHN LEEplaintiff

JAMES STYLESdefendant

CROSS-CLAIMJAMES STYLES

Cross-claimantJOHN LEE and HENRY JONES

Cross-defendantsSECOND CROSS-CLAIMHENRY JONES

Cross-claimantWILLIAM SMITH

Cross-defendant(and in every document continue)Principal & Co.22 Main Street,Yass 2582.telephone: 202Agent & Co.22 Pitt StreetSydney 2000telephone: 222 2222DX 222, Sydney



JOHN LEE and othersplaintiffs


and cross-claims(See Part 65 rule 1 (4).)

Form 3(To be set out in accordance with Form 1)

The application of HENRY JONES(See Part 65 rule 1 (3).)

Form 4(Conclusion of documents for signature by a party unless otherwise indicated or required.)

(Signature)Plaintiff’s solicitor

Filed (dated if not filed): 7 May 19 .(On an originating process or notice of appearance add the full name of the solicitor after“solicitor”. The appropriate alteration must be made where Part 66 rule 9 (3) (relating tosignature for a solicitor) applies. See also Part 65 generally.)

Form 5

P 4, r 1.

STATEMENT OF CLAIM

The plaintiff claims:

(Particulars under Part 16 may be given by a heading, for example:PARTICULARS OF INJURIES

1. } (plead as required by the rules)2.

1. } (specify the relief claimed)2.

1. } (state the particulars of injuries)2.



(These particulars may appear in the relevant place in the statement of facts or separatelyafter the relief claimed, whichever is convenient.)To the defendant (address):1. You are liable to suffer judgment or an order against you unless the prescribed form ofnotice of your appearance is received in the Registry (or where a place in the Riverina or theCentral West or the Northern Rivers district is the nominated place of trial, “orSub-Registry”) within (14) days after service of this Statement of Claim upon you and youcomply with the rules of court relating to your defence.(or, where the proceedings are or include proceedings on a claim in respect of defamation—1. If there is no attendance before the Court by you or by your counsel or solicitor at the

time and place specified below, the proceedings may be heard and you will be liableto suffer judgment or an order against you in your absence. Before any attendance atthat time you must enter an appearance in the Registry (or, where a place in theRiverina or the Central West or the Northern Rivers district is the place named forattendance add “or Sub-Registry”).

2. (Where the defendant is a corporation, add: A Corporation may not enter an appearancein, or defend, any proceedings otherwise than by a solicitor or by a director authorised inaccordance with Part 11 rule 1A of the Supreme Court Rules 1970.)3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of thisStatement of Claim upon you, pay to the plaintiff or his solicitor the amount claimed (and,where the claim is for a liquidated demand together with an order for interest under section94 of the Act, add— together with interest at the rate claimed or at (specify the rate fixed byPart 7 rule 4) per cent yearly whichever is less, from the beginning of the period for whichinterest is claimed until the date of payment (or as the case may require: see Part 7 rule 4 (2))and also $ for costs. Further proceedings against you will be stayed when you also file aprescribed form of notice of payment.)4. (Where Part 7 rule 8 (1) (a) applies, add: The plaintiff does not seek to disturb theoccupation of (name of occupier).)(Where Part 33 rule 2 (2) applies, add: Nominated place for trial: (here state a placeappointed for sittings of the Court).)(Where the proceedings are or include proceedings on a claim in respect of defamation, addthe time and place for attendance)Plaintiff: (name, address) (a minor)(Tutor: (name, address))Plaintiff’s address for Service: (Part 9 rule 6)Address of Registry:(where a place in the Riverina is the nominated place of trial, add “Sub-Registries: the officesof clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton,Narrandera, Temora and Tumut”).(where a place in the Central West is the nominated place of trial, add—“Sub-Registries: theoffices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee,Parkes and Wellington”).(where a place in the Northern Rivers district is the nominated place of trial, add—“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay,Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville,



Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads andWauchope.”).(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the case maybe)

Form 6

P 5, r 3.

SUMMONSThe Plaintiff claims—1. An order that (or as required)2. An order that (or as required)(or)1. A declaration that2. An order that (or as required)(or)The plaintiff claims an order that(Where there is a defendant, add the following:To the defendant (address):The return day of this summons is:Date: Time: Place:If there is no attendance before the Court by you or by your counsel or solicitor at the date,time and place specified above, the proceedings may be heard and you will be liable to sufferjudgment or an order against you in your absence.Before any attendance at that time you must enter an appearance in the Registry (or, where aplace in the Riverina or the Central West or the Northern Rivers district is the place namedfor attendance add “or Sub-Registry”).(Where the defendant is a corporation, add: A Corporation may not enter an appearance in,or defend, any proceedings otherwise than by a solicitor or by a director authorised inaccordance with Part 11 rule 1A of the Supreme Court Rules 1970.)(Where the time for service under Part 5 rule 3 (3) has been abridged, add—The time before which this summons is to be served has been abridged by the Court to 5 p.m.on 5 May 19 , or as the case may require).Plaintiff: (name, address) (a minor)



(Tutor: (name, address))Plaintiff’s Address for Service: (Part 9 rule 6)Address of Registry:(where a place in the Riverina is the place named for attendance, add “Sub-Registries: theoffices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai,Leeton, Narrandera, Temora and Tumut”).(where a place in the Central West is the place named for attendance, add—“Sub-Registries:the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee,Parkes and Wellington”).(where a place in the Northern Rivers District is the place named for attendance, add—“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay,Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville,Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads andWauchope”.).(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


(This form does not apply to proceedings in the Court of Appeal)

Form 7(Repealed)

Form 8

P 5, r 5.

APPOINTMENT FOR HEARINGThe Court appoints 7 May 19 , at 10 a.m. at (address of Court) for the hearing.

(Signature and description of officer of the Court)Filed: 31 March 19 .

Form 9

P 6, r 11.

(To be set out in accordance with Form 1)JOHN LEE

Plaintiff




JAMES STYLEScross-claimant

JOHN LEEcross-defendant

DEFENCE AND CROSS-CLAIMDEFENCE

CROSS-CLAIM

The cross-claimant JAMES STYLES claims—

(Particulars under Part 16 may be given in the manner indicated in the prescribed form ofStatement of Claim under Part 4 rule 1, Form 5.)(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


Form 10(Read this form with Form 1.)

P 6, r 11.

SECOND CROSS-CLAIM

1. } (plead as required by the rules and see the prescribed form of Defence under Part 15 rule 3)2.

1. } (plead as required by the rules)2.




The cross-claimant to the second cross-claim HENRY JONES claims—

(Particulars under Part 16 may be given in the manner indicated in the form of Statement ofClaim under Part 4 rule 1, Form 5.)To WILLIAM SMITH (address):1. You are liable to suffer judgment or an order against you unless the prescribed form ofnotice of your appearance is received in the Registry (or where a place in the Riverina or theCentral West or the Northern Rivers district is the nominated place of trial, “orSub-Registry)” within (14) days after service of this statement of cross-claim upon you andyou comply with the rules of court relating to your defence.2. (Where the defendant is a corporation, add: A Corporation may not enter an appearancein, or defend, any proceedings otherwise than by a solicitor or by a director authorised inaccordance with Part 11 rule 1A of the Supreme Court Rules 1970.)3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of this SecondCross-claim upon you, pay to HENRY JONES or his solicitor the amount claimed (and wherethe claim is for a liquidated demand together with an order for interest under section 94 ofthe Act, add—Together with interest at the rate claimed or at (Specify the rate fixed by Part7 rule 4) per cent yearly whichever is less, from the beginning of the period for which interestis claimed until the date of payment (or as the case may require: see Part 7 rule 4 (2)) andalso $ for costs. Further proceedings against you will be stayed when you also file aprescribed form of Notice of Payment.)Cross-claimant to the second cross-claim: (name, address) (a minor).(Tutor: (name, address))Plaintiff’s address for Service:Defendant’s Address for Service:Address for Service for cross-claimant to the first cross-claim:Address for Service for cross-defendant to the first cross-claim:Address for Service for cross-claimant to the second cross-claim: (Part 9 rule 6)Address of Registry:(where a place in the Riverina is the nominated place of trial, add “Sub-Registries: the officesof clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton,Narrandera, Temora and Tumut”.).(where a place in the Central West is the nominated place of trial, add—“Sub-Registries: theoffices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes, Lithgow, Mudgee,Parkes and Wellington”.).

1. } (plead as required by the rules including the facts required by Part 6 rule 11 (4))2.




(Where a place in the Northern Rivers district is the nominated place of trial, add—“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron Bay,Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle, Macksville,Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield, Tweed Heads andWauchope”.).(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


Form 11(Repealed)

Form 11A

P 6, r 13 (1).

(Cross-claim against plaintiff in summons)(Heading and title as in Form 9)

CROSS-CLAIMThe cross-claimant JAMES STYLES claims—

(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


Form 11B(Repealed)

1. } (state the relief claimed in the manner indicated in Form 6)2.



Form 12

P 7, r 4.

NOTICE OF PAYMENTOn 10 May 19 , the defendant paid to the plaintiff $ , made up as follows:

Form 13

P 7, r 8.

NOTICE OF CLAIM FOR POSSESSIONTo (name of occupier or “the occupier”) of (describe land).In the document served with this notice the plaintiff claims possession of the above land. Youare served as a person in occupation of it or of part of it.You may apply to the Court for an order that you be added as a defendant.If you do not so apply within (10) days after this notice is served upon you (or, where thedocument served with this notice is a summons, at or before the appointment for hearingstated in the summons served with this notice) you may be evicted from the above landpursuant to a judgment entered in your absence.

Form 13A

P 10, r 2A.

(Notice to defendant served outside Australia)To the Defendant:1. The Court may, on application made by you in accordance with the rules of Court, set asidethe service on you of this statement of claim (or summons or as the case may be) where—(a) service is not authorised by the rules of the Court; or(b) this Court is an inappropriate forum for the trial of the proceedings.2. Alternatively you may submit to the jurisdiction of the Court by filing the prescribed formof unconditional notice of appearance.3. If you do not make an application under paragraph 1 or file a notice under paragraph 2, theCourt may give leave to the plaintiff to proceed against you.

amount claimed $costs $(interest at the rate of % from 1 May 19 until the above date of payment) $total $



Form 14

P 10, r 8 (a) (v).

REQUEST FOR SPECIAL SERVICEIt is requested that the sealed copy of (description of document) be served on (name) (whoseaddress is ) in (country) by (describe special manner).(Follow the prescribed form of conclusion of documents for use by a party, Form 4 and, afterthe translation, add the certificate.)I (name), of (address), certify—1. that what appears above is a translation of the document annexed and marked “A”;2. that my qualifications to translate from the English language to the (name) language

are (state qualifications).Dated 7 May 19 .

(signed)(The annexure must bear a note in the same language—“This is the annexure marked “A”referred to in my certificate dated 7 May 19 ”.)

Form 15

P 10, r 10.

REQUEST FOR SERVICETo the Prothonotary:I (name) request that a sealed copy of (description of document) be transmitted to (country)for service on (name), of (address) (pursuant to the Convention madebetween and ) and I undertake to pay to you an amount equal tothe sum of all expenses incurred in consequence of this request.

Form 16

P 11, r 4.

NOTICE OF APPEARANCEJAMES STYLESof (address) appears.(Include any statement under Part 11 rule 4 (3).)(He is a minor (mentally disabled person); his tutor is ROBERT STYLES.) (Where theappearance is entered under Part 78 rule 34H (1), add:This appearance is entered under Part 78 rule 34H (1).)(Where a defendant wishes to make a request under Part 11 rule 5 (3) add:The Registrar is requested to deal with the copy (two copies) of this Notice under Part 11 rule5 (3).)(Add any other notices permitted by the rules to be added, for example, under Part 15 rule 12relating to money claims.)



Address for service: (The office of his solicitor, or as the case may be; see Part 9 rule 6.)(Follow the prescribed form of conclusion of documents for use by a party, Form 4.)(This notice of appearance may be added to a Notice of Motion of a person applying to beadded as a defendant, for example, under Part 8 rule 8 (3).)

Form 17

P 15, r 3.

DEFENCE

DEFENCE OF JAMES STYLES1. This defendant denies, etc.)(For a Defence to a Cross-claim see the prescribed form of Defence and Cross-claim underPart 6 rule 3, Form 9.)(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


Form 18

P 15, r 4.

REPLY(Plead as required by the rules, and see Part 15 rule 21, relating to joinder of issue.)

Form 19

P 15, r 4 (2).

REPLY AND DEFENCE TO CROSS-CLAIM

(Plead as required by the rules, for example—

1. The defendant denies, etc.)(or)

(where one of two or more defendants,



REPLY(Plead as required by the rules.)

DEFENCE TO CROSS-CLAIM(Plead as required by the rules.)

(If required under Part 1 rule 9A (1A), add the following)Certification under section 198L of the Legal Profession Act 1987I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


Form 20

P 15, r 12 (3).

NOTICE TO PLEAD FACTSTo the plaintiff (cross-defendant): The defendant (cross-claimant), pursuant to Part 15 rule 12(3) requires you (in respect of your Cross-claim) to plead the facts on which you rely.

Form 20A(Affidavit verifying statement of claim)

P 15, r 23.

AFFIDAVITOn 19 (name) of (address), (occupation)say on oath—1. I am the plaintiff (or as the case may be; see Part 15 rule 23 (4) (a)).2. I believe that the allegations of fact in the statement of claim set out above (or annexed

hereto marked “A”) are true.Sworn, etc.

Form 20B(Affidavit verifying defence)

P 15, r 23.

AFFIDAVITOn 7 May 19 I (name) of (address), (occupation) say on oath—1. I am the defendant (or as the case may be; see Part 15 rule 23 (4) (a)).



2. I believe that the allegations of fact which are denied in the defence set out above (orannexed hereto marked “A”) are untrue.

3. Having made reasonable inquiries, I do not know that the allegations of fact which arestated in that defence to be not admitted are true.

4. I believe that the allegations of fact in that defence are true.Sworn, etc.[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 20C

P 17, r 4 (2)

AFFIDAVIT OF DEBTOn (date) I, (name, address and occupation), say on oath:1. (Set out the matters referred to in Part 17 rule 4 (2) (c))2. (Set out the matters referred to in Part 17 rule 4 (2) (d))3. I believe that the defendant is indebted to { me or the plaintiff} in respect to the cause

of action the subject of these proceedings in the sum of $ (amount), made up asfollows:

4. [If applicable Interest will continue to accrue at the rate of $ (amount) per day untiljudgment (subject to any future payment on account of the debt).][If an order for interest under section 94 of the Supreme Court Act 1970 is claimed,give sufficient particulars to enable the amount of that interest to be calculated andthe daily rate in dollars and cents from the date of the affidavit until judgment]

$Amount owing at the time of commencement of proceedings:[Explain any discrepancy between this amount and the amount claimed in the statement of claim][If applicable Interest accrued from the date of commencement of proceedings to the date hereof:Give particulars of the rate of interest, the amount on which it is charged and the period during which it is charged][Give date and amount of any payment made or credit accrued, since the commencement of proceedings, that reduces the amount for which judgment is sought and deduct it from the total]TOTAL (total)



5. No payment has been made, and no credit has accrued, since the commencement ofproceedings that reduces the amount for which judgment is sought [if applicable otherthan as set out above].

6. {I am or The plaintiff is} entitled to judgment for costs of $ (amount) made up asfollows:(Give particulars of how costs are made up)

Form 21NOTICE TO ADMIT FACTS

P 18, rr 2, 5.

(AND AUTHENTICITY OF DOCUMENTS)To the defendant:The plaintiff requires you to admit for the purpose of these proceedings only—

(The plaintiff requires you to admit for the purpose of these proceedings only the authenticityof the following documents—

If you do not, within 14 days after service of this notice upon you, serve a notice upon theplaintiff disputing any fact (and the authenticity of any document) above specified, that fact(and the authenticity of that document) shall, for the purpose of these proceedings, beadmitted by you in favour of the plaintiff.

Form 22NOTICE DISPUTING FACTS

P 18, rr 2, 5.

(AND AUTHENTICITY OF DOCUMENTS)The defendant disputes the following facts specified in the plaintiff’s notice dated 7 May19 —

Sworn at }before me

1. } (state each fact)2.

1. } (describe each document))2.



(The defendant disputes the authenticity of the following documents which were specified inthe plaintiff’s notice (or list of documents) dated 7 May 19 —

(The defendant admits—

Form 23

P 19, r 2.

NOTICE OF MOTIONApplicant: (name and address and, if a party to the proceedings, description eg the plaintiffor the defendant JAMES STYLES) [where applicable a minor or as the case requires][Where applicable Tutor: (name and address)]The applicant will at 9.30 am on (date) at (address of Court) apply to the Court for orders—

[Where the time for service under Part 19 rule 3 has been abridged, add—The time before which this notice of motion is to be served has been abridged by the Court to{ 5 p.m. on 6 May 1995 or as the case requires}.]To: The Respondent(s)(set out name of each respondent and the address of any respondent who does not have anaddress for service in the proceedings).If there is no attendance before the Court by you or by your counsel or solicitor at the timeand place specified above, the application may be heard and an order may be made againstyou in your absence.A respondent who has not already done so must enter an appearance in the proceedings beforeany attendance before the Court.[Where the applicant does not have an address for service in the proceedings or anyrespondent is not a party to the proceedings, add—

1. } (state each fact)2.

1. } (describe each document))2.

1. } (state each fact or describe each document))2.

1. } (state concisely the nature of each order which is sought but not the grounds for the application.)2.



Applicant’s address for service: (Part 9 rule 6)](Follow the prescribed form of conclusion of documents for use by a party, Form 4.)

(As to a notice of motion in the Court of Appeal, see Form 62AA)

Form 24

P 20, r 7.

NOTICE OF AMENDMENTSThe (describe document) was amended on 7 May 19 , pursuant to an order made on

19 (pursuant to Part rule ) by—

Forms 25–32(Repealed)

Form 33

P 24, r 1.

NOTICE TO ANSWER INTERROGATORIESWithin (15) days after service of this notice upon each of them respectively, the defendantCD is required to answer interrogatories numbered 1 to 8 (and verify his answers) and thedefendant EF is required to answer interrogatories numbered 1 to 12 (and verify his answers).

INTERROGATORIES1. (State the question.)2. (State the question.)

Form 34

P 24, r 6.

STATEMENT IN ANSWER TO INTERROGATORIESThe defendant CD answers the plaintiff’s interrogatories specified in notice dated 7 May19 as follows:

omitting “........................................ ”

(omitting “........................................ ” and inserting“........................................ ”)

(inserting “........................................ ”)

1A. (State in full the interrogatory.)1B. (State the answer.)



Form 35

P 24, r 6.

VERIFIED STATEMENT IN ANSWER TO INTERROGATORIESThe defendant EF Pty Ltd answers the plaintiff’s interrogatories specified in notice dated 7May 19 as follows:

(Follow the prescribed form of conclusion of documents for use by a party.)AFFIDAVIT

On 19 , I (name), of (address) (occupation) say on oath:1. I am the secretary of the defendant and am authorised to make this affidavit on its behalf.2. (The deponent should state which of the answers are true to his own knowledge and whichare true to the best of his knowledge, information and belief based on his inquiries of officersof the company and others and on his other investigations.)

Form 36(Repealed)

Form 37

P 26, r 2.

APPOINTMENT FOR DIRECTIONSThe Court appoints 19 at 10 a.m. at (address of Court) for a hearing fordirections under Part 26 of the rules.Dated 1984.

Registrar

Form 38

P 27, r 1D.

2A. (State in full the interrogatory.)2B. (a) The defendant objects to answer on the grounds of privilege;

(b) (State the facts on which this objection is based.)

1A. (State in full the interrogatory.)1B. (State the answer.)2A. (State in full the interrogatory.)2B. (a) The defendant objects to answer on the grounds of privilege;

(b) (State the facts on which this objection is based.)



ORDER FOR EXAMINATIONTHE COURT ORDERS that (name) of (address within the State) be examined on oath before(name and address, or describe examiner.)(Complete as in general form of minute of order under Part 41 rule 11.)

Form 39

P 27, r 1D.

ORDER APPOINTING EXAMINERTHE COURT ORDERS—1. That (name and address (or description)) be appointed examiner for the purpose oftaking the examination of a witness (name) of (address out of the State)

in accordance with the rules of this Court (but without the power to compel awitness to attend, if this is required by a convention).2. That the party obtaining this order give to each other interested party (4) days’ notice inwriting of the date on which he proposes to send the minute of this order to the examiner.3. That not less than (4) days after that notice has been given each party shall give to the otherthe name of his agent at (place) to whom notices may be sent.

(Complete as in general form of minute of order under Part 41 rule 11.)(This form does not apply where a Judge or an associate Judge or other officer of the Courtis appointed examiner.)

Form 40

P 27, r 1D.

ORDERTHE COURT ORDERS that a letter of request be issued to the judicial authorities of(country) to take or cause to be taken the evidence of (name)

.(Complete as in general form of minute of order under Part 41 rule 11.)

Form 41

P 29, r 2.

DEEDPARTICULARS

1. Date: 7 May 19 .2. Receiver: (name)

(address for service)



Signed sealed and delivered (and so on) (or as the case may be).

Forms 41A, 41B(Repealed)

Form 42

P 33, r 5.

NOTICE TO SET DOWN FOR TRIALThe plaintiff requests that the proceedings be set down for trial—(with a JURY) (omit this line if the trial is to be without a jury) at (state the place for trial asfixed by or under rule 2) generally (or for trial of the following issues: (state the issues)).

Form 43

P 34, r 3.

REQUISITION FOR TRIAL WITH A JURYThe plaintiff requires trial with a jury.(or, where application is made by all parties under section 87 (1) of the Act: All partiesrequire trial with a jury.)

Form 43A

P 36, r 12.

ORDER FOR PRODUCTIONTo: (producing party)Of: (address)THE COURT ORDERS that:1. You must produce this order for production and the documents specified in the scheduleattached before the Court at (venue) at (time) on (date).

3. Guarantor: (name)(address for service)

4. Proceedings No. of 19 in the Division (or as the case may be) of the Supreme Court of New South Wales.5. Date of order for appointment of Receiver: 10 April 19 . By this deed the Receiver promises the Registrar of the Division that if the Receiver does not account to the Court for what he receives as Receiver or does not deal with what he receives as Receiver as the Court directs the Guarantor will pay to the Registrar whatever is required to make good the default to a limit of $ .



2. Instead of so attending, you may produce this order and the documents to the exhibits clerkon level 5 of the Supreme Court or post them to the said clerk c/- Supreme Court of NewSouth Wales, GPO Box 3 Sydney 2001, in either case so that they are received no later than2 days before the first date on which you are required to so attend.3. You need not comply with this order if it is served on or after (a date which is 5 cleardays before the first return date of the order).ORDERED and ENTERED

NOTICE PURSUANT TO Part 42 rule 8 (3)TAKE NOTICE that you will be liable to imprisonment or to sequestration of property if yourefuse or neglect to produce the documents or things within the time specified in this order.NOTE that:The documents and things produced by you in accordance with this order may be returned atthe conclusion of the examination by post to you at your address shown on this order but youmay in writing on or attached to this order request that they be posted to you at anotheraddress given by you.If you have incurred substantial expenses in complying with this order you may apply to theCourt for payment of those expenses.

SCHEDULE

Form 44

P 36, r 14.

ORDERTHE COURT ORDERS that—1. The Superintendent of (see section 42 of the Correctional Centres Act 1952), shall have(name), a inmate, before this Court to be examined as a witness and duly returned toconfinement.2. The first day on which he is required to have the inmate before the Court is 7 May 19at 10 a.m. at (address of Court).(Complete as in general form of minute of order under Part 41 rule 11.)

Form 45

P 36, r 16.

NOTICE TO PRODUCETo the plaintiff:

By the Court

Deputy Registrar



The defendant requires you to produce at the trial (or otherwise specify the occasion or placeor, where the notice is served with leave given under Part 36 rule 16 (1) add 7 May 19 ,a day fixed by the Court or where the notice is served pursuant to Part 36 rule 16 (1A) add 7May 19 , a day fixed pursuant to Part 36 rule 16 (1A)) the following documents for thepurpose of evidence—(Enumerate the documents or things.)[If Part 77 rule 134A applies, add the wording required by the rule]

Form 45A(Subpoena to a natural person)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and thedocuments and things described in the schedule—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending;

BUT—(i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena and

the documents and things described in the schedule to—(A) a clerk of the Court at the above place by hand or by post, in either case

so that the clerk receives them not later than 24 hours BEFORE THEDATE on which you are required so to attend; or

(B) any registry of the High Court of New Zealand not later than (8)PROVIDED THAT you—(I) tender to the registry such portion of the amount provided to you

on account of expenses as is necessary to meet the costs oftransportation for the document or thing produced to theSupreme Court of New South Wales;

(II) obtain from the New Zealand registry a receipt with adescription of the document or thing produced in accordancewith the subpoena; and

(III) forthwith send a copy of the receipt and the subpoena by fax tothe Sydney registry of the Supreme Court of New South Wales;

(ii) you need not comply with this subpoena—(A) if—

(I) allowances and travelling expenses; or

To (1)

(2).



(II) vouchers,sufficient to meet your reasonable expenses are not paid, or tendered toyou, at the time of service or at some other reasonable time before youare required to comply with it;

(B) if it is served on you after (9);(C) if the party who requested the issue of this subpoena has excused you

from compliance; or(D) if it is not accompanied by—

(I) a copy of the order giving leave to serve it in New Zealand; and(II) a notice in the prescribed form setting out your rights and

obligations in relation to the subpoena and information on howto apply to set aside the subpoena;

(iii) the party who requested the issue of this subpoena may, by written or oralnotice to you, alter the time for attendance and production to a later time.

SCHEDULE(10)

Issued at the request of (12) whose address for service is (13).See the reverse of this page.On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side,add—Note that—(1) if you do not comply with this subpoena you may be arrested;(2) if, by paragraph (c) (i) (A), you are permitted to produce this subpoena and other

documents and things to a clerk of the Court at Queen’s Square, Sydney, you mayproduce them to the clerk by hand at the Exhibits Office, Level 5 at that place or byposting them to—Exhibits Clerk,Exhibits Office, Level 5,Supreme Court of N.S.W.G.P.O. Box 3,Sydney 2001.AUSTRALIAin accordance with paragraph (c) (i) (A);

(3) in subparagraph (c) (i) (A) Saturdays, Sundays and other holidays are not counted incalculating time;

(4) documents and things produced by you in accordance with this subpoena may bereturned by post to you at your address shown on this subpoena but you may in writingon or attached to this subpoena request that they be posted to you at another addressgiven by you;

Dated 19 . By the Court,(11)



(5) any questions relating to the requirements of this subpoena should be directed not tothe Court but to the person who requested the issue of this subpoena;

(6) being excused from compliance with this subpoena does not excuse you fromcompliance with any other subpoena; and

(7) if there is a dispute over the amount of your reasonable expenses, you may apply tothe Court for a decision on what is reasonable.

Directions for completing the above form.(1) name.(2) address.(3) or as the case may require.(4) address of Court or other place.(5) date, for example, 7 May 19 .(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date

will be given to you.(7) date, for example, 21 May 19 .(8) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37

rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994(Commonwealth), which is not later than 10 days before the date mentioned in note(5) above.

(9) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36Arule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence andProcedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 daysbefore the date mentioned in note (5) above.

(10) description of documents and things.(11) signature and description of officer of the Court.(12) state person at whose request the subpoena was issued.(13) address for service.(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (NewZealand) Act 1994 (Commonwealth) applies.)

Form 45B(Subpoena to a corporation for production and for its proper officer to answer questions

concerning possession, etc. of documents.)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS FOR SERVICE IN NEW ZEALAND

To (1)

(2)



THE COURT ORDERS that—1. (1), “the corporation”, shall produce this subpoena and the documents and things describedin the schedule by causing its proper officer to ATTEND AND PRODUCE them—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 am (3) and until the officer is excused by the Court from further

attending; BUT—(i) INSTEAD OF causing its proper officer to so ATTEND, THE

CORPORATION MAY PRODUCE this subpoena and the documents andthings described in the schedule to—(A) a clerk of the Court at the above place by hand or by post, in either case

so that the clerk receives them not later than 24 hours BEFORE THEDATE on which the officer is required so to attend; or





(ii) the corporation need not comply with this subpoena—(A) if—

(I) allowances and travelling expenses; or(II) vouchers,sufficient to meet the corporation’s reasonable expenses are not paid, ortendered to it, at the time of service or at some other reasonable timebefore it is required to comply with this subpoena;

(B) if it is served on the corporation after (9);(C) if the party who requested the issue of this subpoena has excused the

corporation from compliance; or(D) if it is not accompanied by—

(I) a copy of the order giving leave to serve it in New Zealand; and(II) a notice in the prescribed form setting out the corporation’s

rights and obligations in relation to the subpoena andinformation on how to apply to set aside the subpoena;

(iii) if the corporation is a bank and is required by this subpoena to produce abanker’s book and the corporation is not a party to these proceedings and PartIV of the Evidence Act 1898 would have applied prior to its repeal, thecorporation need not cause its officer to produce it if the corporation causeshim to produce proof of the relevant entries in it in accordance with that Part;



(iv) the party who requested the issue of this subpoena may, by written or oralnotice to the corporation, alter the time for attendance or production to a latertime.

2. the officer who is to attend shall make enquiries for the purpose of answering, and, onattending, shall answer, such questions as the Court requires him to answer concerning thepossession or custody of those documents and things.

SCHEDULE(10)

Issued at the request of (12) whose address for service is (13).Note that—(1) where the corporation fails to comply with this subpoena, this subpoena may be

enforced by sequestration of the property of the corporation or by arrest of an officerof the corporation or by both means;

(2) if, by paragraph (c) (i) (A), the corporation is permitted to produce this subpoena andother documents and things to a clerk of the Court at Queen’s Square, Sydney, it mayproduce them to the clerk by hand at the Exhibits Office, Level 5 at that place or byposting them to—Exhibits Clerk,Exhibits Office,Level 5,Supreme Court of N.S.W.,G.P.O. Box 3,Sydney 2001.AUSTRALIAin accordance with paragraph (c) (i) (A);


(4) documents and things produced by the corporation in accordance with this subpoenamay be returned by post to it at its address shown on this subpoena but it may, inwriting on or attached to this subpoena, request that they be posted to it at anotheraddress given by it;


(6) being excused from compliance with this subpoena does not excuse you fromcompliance with any other subpoena;


Directions for completing this form.(1) name of corporation.

Dated 19 . By the Court(11)



(2) address.(3) or as the case may require.(4) address of Court or other place.(5) date, for example, 7 May 19 .(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date

will be given to you.(7) date, for example, 21 May 19 .(8) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37 rule

4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994(Commonwealth), which is not later than 10 days before the date mentioned in note(5) above.

(9) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part 36Arule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence andProcedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 daysbefore the date mentioned in note (5) above.

(10) description of documents and things.(11) signature and description of officer of the Court.(12) state person at whose request the subpoena was issued.(13) address for service.If the reverse side of a page is used, add to the foot of the front of the page “See the reverseof this page.” and keep clear a margin of 25 millimetres on the right hand side.(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (NewZealand) Act 1994 (Commonwealth) applies.)

Form 45C(Subpoena for production of original or photocopies of medical records.)

P 36A, r 3 (5).

SUBPOENA FOR PRODUCTION—FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall ATTEND AND PRODUCE this subpoena and themedical records, or clear sharp photocopies of them, described in the schedule (in thissubpoena called the “scheduled documents”)—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 am (3) and until you are excused by the Court from further attending;

BUT—

To (1)

(2)



(i) INSTEAD OF so ATTENDING, YOU MAY PRODUCE this subpoena andthe scheduled documents to—(A) a clerk of the Court at the above place by hand or by post, in either case

so that the clerk receives them not later than 24 hours, BEFORE THEDATE on which you are required so to attend; or





(ii) you need not comply with this subpoena—(A) if $ (the amount prescribed by Part 37 rule 7A (4)) have not been paid

or tendered to you;(B) if, in addition to the amount referred to in the preceding paragraph,—

(I) allowances and travelling expenses; or(II) vouchers,sufficient to meet your reasonable expenses are not paid, or tendered toyou, at the time of service or at some other reasonable time before youare required to comply with it;

(C) if it is served on you after (9);(D) if the party who requested the issue of this subpoena has excused you

from compliance; or(E) if it is not accompanied by—

(I) a copy of the order giving leave to serve it in New Zealand; and(II) a notice in the prescribed form setting out your rights and


(iii) the party who requested the issue of this subpoena may, by written or oralnotice to you, alter the time for attendance and production to a later time.

SCHEDULE(10)

Issued at the request of (12) whose address for service is (13).See the reverse of this page.




On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side,add—Note that—(1) if you do not comply with this subpoena you may be arrested;(2) if, by paragraph (c) (i) (A), you are permitted to produce the subpoena and the

scheduled documents to a clerk of the Court at Queen’s Square, Sydney, you mayproduce them to the clerk by hand at the Exhibits Office, Level 5 at that place or byposting them to—Exhibits Clerk,Exhibits Office, Level 5,Supreme Court of N.S.W.,G.P.O. Box 3,Sydney 2001.AUSTRALIAin accordance with paragraph (c) (i) (A);


(4) documents produced by you in accordance with this subpoena may be returned by postto you at your address shown on this subpoena but you may in writing on or attachedto this subpoena request that they be posted to you at another address given by you;


(6) Being excused from compliance with this subpoena does not excuse you fromcompliance with any other subpoena.

Directions for completing the above form(1) name.(2) address.(3) or as the case may require.(4) address of Court or other place.(5) date, for example, 7 May 19 .(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date

will be given to you.(7) date, for example, 21 May 19 .(8) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part 37

rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act 1994(Commonwealth), which is not later than 10 days before the date mentioned in note(5) above.

(9) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence andProcedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 daysbefore the date mentioned in note (5) above.

(10) description of the medical records.(11) signature and description of officer of the Court.



(12) state person at whose request the subpoena was issued.(13) address for service.(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (NewZealand) Act 1994 (Commonwealth) applies.)

Form 45D

P 36A, r 3 (5).

SUBPOENA TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall attend for the purpose of giving evidence—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending;

but—(i) you need not comply with this subpoena—

(A) if—(I) allowances and travelling expenses; or(II) vouchers,sufficient to meet your reasonable expenses are not paid, or tendered toyou, at the time of service or at some other reasonable time before youare required to comply with it;

(B) if it is served on you after (8);(C) if, as a medical expert, you are required by this subpoena to attend at a

place in Sydney for the purposes of giving evidence on medical mattersand it is served on you after (9);

(D) if the party who requested the issue of this subpoena has excused youfrom compliance; or

(E) if it is not accompanied by—(I) a copy of the order giving leave to serve it in New Zealand; and(II) a notice in the prescribed form setting out your rights and


(ii) the party who requested the issue of this subpoena may, by written or oralnotice to you, alter the time for attendance to a later time.

To (1)

(2)



Issued at the request of (11) whose address for service is (12).Note that—(1) if you do not comply with this subpoena you may be arrested;(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney

and you are not called as a witness, you shall, unless the Court otherwise orders, beentitled to be paid $ (13) in addition to any sum paid or tendered to you as reasonableexpenses of complying with this subpoena;




will be given to you.(7) date, for example, 21 May 19 .(8) specify a date, for example, 29 April 19 , having regard to Part 2 rule 2, Part

36A rule 3 (2) (d)) and Part 37 rule 7 (7), which is not later than 5 days before thedate mentioned in note (5) above.

(9) specify a date, for example, 15 April 19 , having regard to Part 2 rule 2, Part36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before thedate mentioned in note (5) above.

(10) signature and description of officer of the Court.(11) state person at whose request the subpoena was issued.(12) address for service.(13) the amount prescribed by Part 37 rule 3A.(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (NewZealand) Act 1994 (Commonwealth) applies.)

Form 45E

P 36A, r 3 (5).




SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE—FOR SERVICE IN NEW ZEALAND

THE COURT ORDERS that you shall attend and produce this subpoena and the documentsand things described in the schedule and attend for the purposes of giving evidence—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 a.m. (3) and until you are excused by the Court from further attending;

but—(i) you need not comply with this subpoena—

(A) if—(I) allowances and travelling expenses; or(II) vouchers,sufficient to meet your reasonable expenses are not paid, or tendered toyou, at the time of service or at some other reasonable time before youare required to comply with it;

(B) if it is served on you after (8);(C) if, as a medical expert, you are required by this subpoena to attend at a

place in Sydney for the purposes of giving evidence on medical mattersand it is served on you after (9);

(D) if the party who requested the issue of this subpoena has excused youfrom compliance; or

(E) if it is not accompanied by—(I) a copy of the order giving leave to serve it in New Zealand; and(II) a notice in the prescribed form setting out your rights and


(ii) the party who requested the issue of this subpoena may, by written or oralnotice to you, alter the time for attendance or production to a later time;

(iii) you may produce this subpoena and the documents and things described in theschedule to—(A) a clerk of the Court at the above place by hand or by post, in either case

so that the clerk receives them not later than 24 hours BEFORE THEDATE on which you are required so to attend; or


on account of expenses as is necessary to meet the costs of

To (1)

(2)



transportation for the document or thing produced to theSupreme Court of New South Wales;



SCHEDULE(11)

Issued at the request of (13) whose address for service is (14)See the notes on the reverse of this page.On the reverse of the page, keeping clear a margin of 25 millimetres on the right hand side,add—Note that—(1) if you do not comply with this subpoena you may be arrested;(2) if, as a medical expert, you are to give evidence of medical matters at a trial at Sydney

and you are not called as a witness, you shall, unless the Court otherwise orders, beentitled to be paid $ (15) in addition to any sum paid or tendered to you asreasonable expenses of complying with this subpoena;

(3) if, by paragraph (c) (iii) (A), you are permitted to produce this subpoena and otherdocuments and things to a clerk of the Court at Queen’s Square, Sydney, you mayproduce them to him by hand at the Exhibits Office, Level 5 at that place or by postingthem to—Exhibits Clerk,Exhibits Office, Level 5,Supreme Court of N.S.W.G.P.O. Box 3,Sydney 2001.AUSTRALIAin accordance with paragraph (c) (iii) (A);

(4) in subparagraph (c) (iii) (A) Saturdays, Sundays and other holidays are not counted incalculating time;

(5) documents and things produced by you in accordance with this subpoena may bereturned by post to you at your address shown on this subpoena but you may in writingon or attached to this subpoena request that they be posted to you at another addressgiven by you;


Dated 19 . By the Court(12)






will be given to you.(7) date, for example, 21 May 19 .(8) specify a date, for example 19 April 19 , having regard to Part 2 rule 2, Part

36A rule 3 (2) (d), Part 37 rules 4 (1) (b) and 7 (7) and section 12 of the Evidence andProcedure (New Zealand) Act 1994 (Commonwealth), which is not later than 15 daysbefore the date mentioned in note (5) above.

(9) specify a date, for example, 15 April 19 , having regard to Part 2 rule 2 and Part36A rule 3 (2) (d) and Part 37 rule 7A (1), which is not later than 21 days before thedate mentioned in note (5) above.

(10) specify a date, for example 26 April 19 , having regard to Part 2 rule 2, Part37 rule 4 (1) (b) and section 12 of the Evidence and Procedure (New Zealand) Act1994 (Commonwealth), which is not later than 10 days before the date mentioned innote (5) above.

(11) description of documents and things.(12) signature and description of officer of the Court.(12) state person at whose request the subpoena was issued.(14) address for service.(15) the amount prescribed by Part 37 rule 3A.(This form applies only to subpoenas to which Part 2 of the Evidence and Procedure (NewZealand) Act 1994 (Commonwealth) applies.)

Form 45F

P 36A, r 5 (1).

CERTIFICATE OF NON-COMPLIANCE WITH SUBPOENAI certify that:—(a) On (date) leave under section 9 of the Evidence and Procedure (New Zealand) Act

1994 of the Commonwealth was given to serve in New Zealand a subpoena issued bythis Court;



(b) A copy of the subpoena and a copy of the order giving leave are annexed to thiscertificate;

(c) (name of person named), the person named in the subpoena, failed to comply with it;and

(d) {No application to set aside the subpoena either wholly or in part has been made.OR

An application to set aside the subpoena was dismissed by order made on (date). A copy ofthis order is annexed to this certificate.}

Form 45G

P 36A, r 6 (7).

OBJECTION TO DETERMINATION WITHOUT HEARINGThe (identify objector) objects to the application to set aside the subpoena (identify subpoena)being determined without a hearing.

Form 45H

P 36A, r 6 (8).

REQUEST FOR HEARING BY VIDEO LINK OR TELEPHONEThe (applicant) requests that the hearing of the application to set aside the subpoena (identifysubpoena) be heard by video link or telephone.

Form 46 Subpoena

(Part 37, rule 3 (1))

APPLICANT/PLAINTIFF:RESPONDENT/DEFENDANT:SUBPOENA

Date:

By the Court

Registrar

(Seal of Court to be affixed)

IN THE [name of court] File number:



YOU ARE ORDERED:*to attend to give evidence—see section A of this form, or*to produce this subpoena or a copy of it and the documents or things specifiedin the Schedule—see section B of this form, or*to attend to give evidence and to produce this subpoena or a copy of it and thedocuments or things specified in the Schedule—see section C of this form

*Select one only of these three optionsFailure to comply with this subpoena without lawful excuse is a contempt of court andmay result in your arrest.The last date for service of this subpoena is: ............................. (See Note 1)Please read Notes 1 to 15 at the end of this subpoena.[Seal or Stamp of the Court]Date:Issued at the request of [name of party], whose address for service is:A Details of subpoena to attend to give evidence onlyDate, time and place at which you must attend to give evidence:Date:Time:Place:You must continue to attend from day to day unless excused by the Court or the personauthorised to take evidence in this proceeding or until the hearing of the matter is completed.B Details of subpoena to produce onlyYou must comply with this subpoena:(a) by attending to produce this subpoena or a copy of it and the documents or things

specified in the Schedule below at the date, time and place specified for attendance andproduction, or

(b) by delivering or sending this subpoena or a copy of it and the documents or thingsspecified in the Schedule below to the address below so that they are received not lessthan 2 clear days before the date specified for attendance and production. (See Notes5–11)

Date, time and place at which you must attend to produce the subpoena or a copy of it anddocuments or things:Date:Time:Place:

To: [name][address]



Address to which the subpoena (or copy) and documents or things may be delivered orposted:

The Exhibits OfficeLevel 5, Supreme Court of NSWGPO Box 3, Sydney 2001

ScheduleThe documents and things you must produce are as follows:[If insufficient space attach list]C Details of subpoena both to attend to give evidence and to produceIn so far as you are required by this subpoena to attend to give evidence, you must attend asfollows:Date:Time:Place:You must continue to attend from day to day unless excused by the Court or the personauthorised to take evidence in this proceeding or until the hearing of the matter is completed.In so far as you are required by this subpoena to produce the subpoena or a copy of it anddocuments or things, you must comply with this subpoena:(a) by attending to produce this subpoena or a copy of it and the documents or things

specified in the Schedule below at the date, time and place specified for attendance andproduction, or

(b) by delivering or sending this subpoena or a copy of it and the documents or thingsspecified in the Schedule below to the address below so that they are received not lessthan 2 clear days before the date specified for attendance and production. (See Notes5–11)

Date, time and place at which you must attend to produce the subpoena or a copy of it and thedocuments or things:Date:Time:Place:Address to which the subpoena or a copy of it and documents or things may be delivered orposted:

The Exhibits OfficeLevel 5, Supreme Court of NSWGPO Box 3, Sydney 2001

ScheduleThe documents and things you must produce are as follows:[If insufficient space attach list]

NotesLast day for service



1 You need not comply with the subpoena unless it is served on you on or before the date specified in the subpoena as the last date for service of the subpoena.

Informal service2 Even if this subpoena has not been served personally on you, you must,

nevertheless, comply with its requirements, if you have, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.

Addressee a corporation3 If the subpoena is addressed to a corporation, the corporation must comply

with the subpoena by its appropriate or proper officer.

Conduct money4 You need not comply with the subpoena in so far as it requires you to attend to

give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the date on which your attendance is required.

Production of subpoena or copy of it and documents or things by delivery or post5 In so far as this subpoena requires production of the subpoena or a copy of it

and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the address specified in the subpoena for the purpose so that they are received not less than 2 clear days before the date specified in the subpoena for attendance and production.

6 If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Registrar in writing of your objection and of the grounds of your objection.

7 Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Registrar may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things8 If you produce more than one document or thing, you must, if requested by the

Registrar, produce a list of the documents or things produced.

Production of copy instead of original9 You may, with the consent of the issuing party, produce a copy, instead of the

original, of any document that the subpoena requires you to produce.

Return or destruction of documents or copies



Forms 46A–48(Repealed)

Form 49

P 38, r 2.

AFFIDAVITOn 7 May 19 I (name, address and occupation) say on oath—1.2.

10 You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.

11 If you have so informed the Court, the Registrar may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena12 You have the right to apply to the Court:

(a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena, and

(b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.

Loss or expense of compliance13 If you are not a party to the proceeding, you may apply to the Court for an

order that the issuing party pay an amount (in addition to conduct money and any witness’s expenses) in respect of the loss or expense, including legal costs, reasonably incurred in complying with the subpoena.

Contempt of court—arrest14 Failure to comply with a subpoena without lawful excuse is a contempt of

court and may be dealt with accordingly.15 Instruction 14 is without prejudice to any power of the Court under any rules

of the Court (including any rules of the Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

Sworn atSydneybefore me:

(or)}



AFFIDAVITOn 7 May 19 I (name, address and occupation) and on 11 May 19 I (name,address and occupation) say on oath—1. We are the directors of etc.2. I the said (name) am a director of etc.

(where Part 38 rule 2 (3) (a) applies,It appearing to me that the deponent is blind, I certify that this affidavit was read to him in mypresence and that he seemed to understand it.

(signature))[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 50

P 41, r 10.

1. General form of judgment:JUDGMENT—that—(terms of the judgment, in numbered paragraphs, if necessary).This judgment takes effect on (insert the date fixed by reference to Part 40 rule 3).

2. Terms of particular judgments:(a) Damages to be assessed

JUDGMENT—that the defendant is liable to the plaintiff for damages and for costs.THE COURT ORDERS that the damages be assessed.

(b) Debt or damagesJUDGMENT—

Sworn by (name)at Bathurst beforeme:

}Sworn by (name)at Sydney beforeme:

}

By the CourtRegistrar (or Chief Clerk)



that the defendant pay to the plaintiff $ (amount of debt or damages) and $costs (or as the case may be).

(c) Possession of landJUDGMENT—1. that the defendant give the plaintiff possession of the land described in the schedule(but so as not to disturb the occupation of (name of occupier));2. that the defendant pay to the plaintiff $ costs (or as the case may be).

SCHEDULE(describe land)

(d) Detention of goods.JUDGMENT—that the defendant is liable to the plaintiff—

1. for the value of (or delivery to the plaintiff of) the goods described in theschedule;2. (for damages; and3. ) for costs.

THE COURT ORDERS that the value of the goods (and the damages) be assessed.SCHEDULE

(describe goods)(In the above form, where judgment is entered by default under Part 17 rule 6, omitthe appropriate words in brackets according to whether rule 6 (a) or (b) applies.)

(e) Detention of goods.JUDGMENT—1. that the defendant deliver to the plaintiff the goods described in the schedule (or payto the plaintiff $ , the value of the goods described in the schedule);2. that the defendant pay to the plaintiff $ damages; and3. that the defendant pay to the plaintiff $ costs (or as the case may be).

SCHEDULE(described goods)

(Where judgment is obtained under section 93 omit the words in brackets.)

Form 51(General form of minute of order.)

P 41, r 11.

ORDERTHE COURT ORDERS that—1.2.



3.Ordered 7 May 19 and entered 11 May 19 .

FORM 51A(Certificate under section 13 of the Foreign Judgments Act 1973 or section 15 of the Foreign

Judgments Act 1991 of the Commonwealth)

P 41, r 15B (2).

CERTIFICATEI certify that—(a) a statement of claim (or summons), a copy of which is annexed hereto marked “A”,

was filed in the registry of the Division of this Court on (date) by (name), theabovenamed plaintiff, claiming against (name), the abovenamed defendant, paymentof the sum of (amount) (or state shortly the nature of the relief claimed) in respect of(state shortly the causes of action);

(b) the said statement of claim (or summons) was on (date) served on the said defendant(state the mode of service) (or the said defendant entered an appearance on (date)

);(c) the said plaintiff obtained judgment against the said defendant in this Court for

payment of the sum of (amount) (or state shortly the terms of the judgment) in respectof (state shortly the causes of action) together with $ for costs;

(d) the said judgment was obtained (state the grounds on which the judgment was based);(e) the following (or no) objections have been made to the jurisdiction of this Court (state

the objections, if any);(f) (state the position relating to the time for appealing or discharging or setting aside

the judgment or for apply for a new trial or for a stay of execution);(g) (where the judgment was entered by default), the defendant may apply, but has not

applied, to set aside the judgment;(h) notice of appeal has (or has not) been filed;(If interest is payable on the judgment(i) (where the rate of interest is specified in the judgment interest is payable from (date

of judgment) at the rate of (rate) % yearly on so much of the sum of (amount) as isfrom time to time unpaid;)(otherwiseinterest is payable—

(Judge)(or associate Judge)(or by the CourtRegistrar (or Chief Clerk)(Prothonotary))



(i) from (date of judgment) up to and including the date hereof at the followingrate (or rates)—(rate prescribed by Part 40 rule 7 (2) or, where more than one rate applies, theprescribed rates and the period during which each rate applies); and

(ii) from the date hereof at the rate of (prescribed rate applicable at the date of thecertificate), or at such other rate or rates as may be prescribed from time totime,

on so much of the sum of (amount) as is from time to time unpaid;))(j) (give information, similar to that contained in (j), in respect of costs of the

proceedings.)(k) (any other necessary particulars);(l) the costs of obtaining this certificate and copy of a minute of the judgment are $

(see Part 52A rule 47).Dated

Form 52

P 42, r 4.

WRIT OF POSSESSIONTO THE SHERIFF:In respect of the judgment entered on 7 May 19 , enter the land described in the scheduleand cause the plaintiff (name) to have possession of it (but, so as not to disturb the occupationof (name, description and extent of restriction as directed in the judgment)) ,(and levy on the property of (name) , which is authorised to be taken inexecution for—

continue as in Writ for Levy of Property, Form 57)SCHEDULE

(Describe the land as in the judgment.)Issued 19 .

Issued at the request of (the plaintiff (name and address) or (name) of(address and telephone number) solicitor for the plaintiff (name and address) ),(The defendant resides at (address) ).

(signature)(title of person certifying)




Form 53

P 42, r 5.

WRIT OF SPECIFIC DELIVERYTO THE SHERIFF:In respect of the judgment entered on 7 May 19 , cause the goods described in theschedule to be delivered to (name) (and levy on the property of (name)

which is authorised by law to be taken in execution for—continue as in Writ for Levy of Property, Form 57)

SCHEDULE(Describe the goods as in the judgment.)

Issued 19 .

Issued at the request of (the plaintiff (name and address) or (name) of (addressand telephone number) solicitor for the plaintiff (name and address) ),(The defendant resides at (address) .)

Form 54

P 42, r 5.

WRIT OF DELIVERYTO THE SHERIFF:In respect of the judgment entered on 7 May 19 , cause the goods described in theschedule to be delivered to (name) (and levy on the property of (name) ,which is authorised by law to be taken in execution—(a) if you cannot cause the goods to be so delivered, for $ (amount of value of goods

assessed under the judgment);(b) for the amount payable under the judgment, being $ (amount of damages) on 1

June 19continue as in Writ for Levy of Property, Form 57)(c) for $ , being costs of this writ;(d) for your fees; and(where applicable)(e) for $ , being amount recoverable under section 107 (1) of the Service and

Execution of Process Act 1992,and pay the amount so levied other than your fees, to (name) or otherwise as the lawmay require.

SCHEDULE




(Describe the goods as in the judgment.)Issued 19 .

Issued at the request of (the plaintiff (name and address) or (name) of(address and telephone number) solicitor for the plaintiff (name and address) ),(The defendant resides at (address) ).

Form 55

P 42, r 8 (3).

(No heading or title: for subscribing to the minute of order.)To (name of corporation) and (name of officer):If (name of corporation) neglects to obey this order within the time specified inthe order (disobeys this order, as the case may be) (name of officer) and

(name of corporation) will be liable to sequestration of property and(name of officer) to imprisonment.

Form 56

P 43, r 1.

ORDERTHE COURT ORDERS that—1. JAMES STYLES of (address) shall attend—(a) before (the Prothonotary or as the case may be);(b) at (address of Court or place);(c) on 7 May 19 at 10 a.m. and until he is excused from further attending;(d) for the purpose of being examined as to the questions—

(i) whether any and, if so, what debts are owing to him; and(ii) whether he has any and, if so, what other property or means of satisfying the

judgment or order by which he is bound;(iii) as to the whereabouts of the goods which he is bound, pursuant to the judgment

which has been entered against him, to deliver to the plaintiff, or as the casemay be.

2. JAMES STYLES shall attend and produce all documents or things in his possession, poweror custody relating to those questions (and—here specify particular documents or things, ifany).(Complete as in general form of minute or order under Part 41 rule 11.)




Form 57

P 45, r 2.

WRIT FOR LEVY OF PROPERTYTO THE SHERIFF:In respect of the judgment (order) entered on 1 March 19 , levy on the property of

(name) , which is authorised by law to be taken in execution,for—(a) the amount payable under the judgment (order) being $ on 7 May 19 (plus

interest from the date at (if ordered, the rate ordered for example, the yearly rate of.................... % or, if the judgment (order) is registered in the Court under the Serviceand Execution of Process Act 1992 (Commonwealth), the yearly rate of .......... % orsuch rates as may be notified to you by the Court otherwise such rates as areprescribed) on so much of the sum of $............................. as is from time to timeunpaid), subject to any payment in reduction thereof;

(b) $ being costs of this writ*;(c) for your fees*; and(where applicable)(d) $ , being the amount recoverable under section 107 (1) of the Service and

Execution of Process Act 1992,any pay the amount so levied, less your fees, to (name) or otherwise as the lawmay require.Issued 19 .

Issued at the request of the plaintiff (name and address) (or (name) of (address and telephone number) solicitor for the plaintiff

(name and address) ).(The defendant resides at (address) .)*omit if irrecoverable by reason of Part 52A rule 46

Form 57A

P 45, r 15 (2).

NOTICE TO JUDGMENT DEBTOR OF INTENTION TO SELL LANDTo the judgment debtor:1. A writ of execution has been registered against the title to your land described in theSchedule below and the land is bound by the writ.




2. Unless the writ is satisfied or you make arrangements as mentioned in paragraph 3 or obtainan order mentioned in paragraph 4, your land, described in the Schedule below, may be soldby the Sheriff under the authority of the writ.3. You may make arrangements for the sale or mortgage of the land by you subject to thejudgment creditor’s consent. That consent will only be given on condition that an amount forthe proceeds of the sale or mortgage, stipulated by the judgment creditor, is paid to the Sherifftowards satisfaction of the writ of execution. If you wish to make any such arrangements youshould contact the judgment creditor’s solicitor immediately.4. You may apply to the Court for an order staying proceedings on terms, which may includeterms as to payment by instalments of the money to be levied under the writ.

SCHEDULE(description of land by street number, etc.)

Form 57B(Memorandum to be endorsed on notice of sale for service on judgment debtor.)

P 45, r 18.

To the judgment debtor:You may apply to the Court for an order staying proceedings on terms, which may includeterms as to payment by instalments of the money to be levied under the writ.

Form 58

P 46, r 3.

GARNISHMENT NOTICE1. Particulars—

By the Court,Registrar.

(a) Judgment creditor: (name)(b) Judgment debtor: (name, address and occupation).(c) Garnishee: (name, address and occupation).(d) Debt: (Give the particulars required under Part 46 rule 3 (6),

including also, if the debt is a wage or salary, the provisions of section 99 of the Act.)

(e) leave granted on 10 April 19 .

(f) amount due to judgment creditor at the date leave granted $



2. All debts which are due or accruing from the garnishee to the judgment debtor at the timeof service of this notice are attached and bound in the hands of the garnishee to the extent ofthe sum required.3. The judgment creditor will at 10 a.m. on 7 May 19 , at (address of Court) move theCourt for an order for payment under Part 46 of the rules of Court.4. The garnishee may pay the debts attached into Court to the extent of the sum required,retaining, if he pays into Court before 7 May 19 , $ for his costs. Otherwise theCourt may order him to pay the debts attached to the judgment creditor to the extent of thesum required and interest thereon and costs.5. Provision exists for the determination, at the hearing, of any dispute concerning the liabilityof the garnishee to pay the debts attached.(Follow the prescribed form of conclusion of documents for use by a party, Form 4, andadd—

The address for service of the judgment creditor is (address)

Forms 59–62AA1(Repealed)

Form 62AAA(Items, etc. in a bill of costs).

P 52, r 49 (1).

Work done.

Skill care and responsibility.

provision for subsequent interest and for costs $(where applicable amount recoverable under s. 107 (1) of the Service and Execution of Process Act 1992 (Commonwealth) $ )sum required $

1. } (number the items consecutively)2.3.



Disbursements.

(add the note required by Part 52 rule 49 (1B) and, if Part 52 rule 49 (1) (e) applies, thestatement required by that rule.)

Form 62AB(Undertaking to pay disbursement).

P 52, r 49 (3A).

UNDERTAKINGI undertake to the Court that, out of any money received at any time and from time to time byme or from or on behalf of my client in payment of the costs which are the subject of my bill,I will, subject to any appropriation by the payer, within 21 days of receipt pay (if there is onlyone unpaid disbursement—to (name) his fee or, if the money received is less than his fee, theamount received, until his fee is paid) (if there is more than one unpaid disbursement—to(name) and (name) their fees or, if the amount received is less than their fees, to each of themthat proportion of the amount received as his fee bears to the total fees, until their fees arepaid).Date

solicitor.

Form 62AC(Notice to serve objections to bill of costs. No heading or title: for attaching or subscribing

to the bill.)

P 52, r 50A (4).

To the party liable to pay the costs in the within bill:Costs claimed in (the attached or this as the case may require) bill may be allowed and thetaxation may be concluded unless, within 21 days after service on you of this notice, youserve on the party entitled to the costs a notice in the prescribed form stating the item or itemsto which you object and the nature and grounds of your objection.

4. } (continue the consecutive numbers)5.6.

7. } (continue the consecutive numbers)8.9.



Form 62AD

P 52, r 50A (5).

NOTICE OF OBJECTION TO A BILL

Amount disputed $ (9)

(1) This column to be completed by party objecting.(2) This column to be completed by party who served bill.(3) State the number of the item objected to. Where the objection is that Part 52 rule 49

(1) (e) has not been complied with, state “not applicable”.(4) State these shortly but specifically. Where the objection is that Part 52 rule 49 (1) (e)

has not been complied with, state the proportion by which the costs claimed arereduced by Part 52 rule 23 (4) or by an order under Part 52 rule 6 (2) (a) or Part 52rule 24 (4).

(5) State how much of the item is objected to. Do not include an amount in respect of anyobjection that Part 52 rule 49 (1) (e) has not been complied with.

(6) Where an objection is wholly or partly conceded, write the amount conceded besidethe objection. Where the objection is that Part 52 rule 49 (1) (e) has not been compliedwith, do not state any amount but write instead “conceded”.

(7) & (8)Total this column but do not take account of any item solely for skill, care andresponsibility.

(9) Subtract the total at (8) from the total at (7) and show remainder.

ITEM NO

NATURE AND GROUND OF OBJECTION

AMOUNT OBJECTED TO

OBJECTION CONCEDED

$ ¢ $ ¢

(1)(3) (1) (4) (1) (5) (2) (6)

(7) (8)

(signature)

Solicitor for (party objecting)

(signature)

Solicitor for (party who served bill)



Form 62AE

P 52, r 50A (7).

CERTIFICATE OF TAXATIONI certify that (pursuant to judgment (order) entered date) (or pursuant to Part 52 rule 16 theplaintiff having filed notice of discontinuance on date) (or pursuant to section 10 of (stateAct)) the defendant’s costs as between party and party, which are payable after making anyreduction required by Part 52 rule 24 (4) or by an order under Part 52 rule 6 (2) (a) or by anorder under Part 52 rule 24 (4), are $ .Dated

(description of officer)

Form 62BREQUEST FOR APPOINTMENT FOR HEARING

P 52, r 50 (4) (ii).

The (plaintiff) requests an appointment for hearing before a taxing officer.The items or other matter with which the (plaintiff) disagrees are—

Form 63(No heading or title if made on a filed bill; see rule 59 (5).)

P 52, r 59.

CERTIFICATE OF TAXATIONI certify that (pursuant to judgment (order) entered19 ) (or pursuant to Part 52 rule 16, the plaintiff having filed notice of discontinuance on

19 ) (or pursuant to section 10 of (state Act)) the defendant’s costs as betweenparty and party have been taxed and allowed at $ .The amount payable, after making any reduction required by Part 52 rule 24 (4) or by an orderunder Part 52 rule 6 (2) (a) or by an order under Part 52 rule 24 (4), is $ .Dated

Taxing Officer

Form 64

P 52, r 60.

STATEMENT OF OBJECTION TO TAXATION OF PLAINTIFF’S BILL(Classify the items and divide them into separate paragraphs according to the nature orgrounds of the objection or set them out as follows:



Form 64A

P 52, r 68 (7).

(Request for taxation or moderation)(no heading or title)

I have read this bill of costs. I request that it be taxed (or moderated). I wish (or do not wish)to be present when the bill is taxed (or moderated).Dated 7 May 19 .

Form 64B

P 53, r 3.

(Security for costs)DEED

PARTICULARS

Number of item

Page of bill Item or part objected to

Nature and grounds of grounds

7 2 .................... (State these shortly but specifically).10 2 ....................

(signature)

executor (or administratoror trustee)

1. Date: 7 May, 19..... 2. Guarantor: (name)


3. state the party claiming the relief for example:Plaintiff: (name)


4. state the party against whom the relief is claimed for example:Defendant: (name)




By this deed the guarantor promises the (defendant) that, (as ordered, for example if the(plaintiff) does not pay to the (defendant) all costs which the (plaintiff) may have beenordered to pay to the (defendant) in the above proceedings, the guarantor will pay to the(defendant) whatever is required to make good the (plaintiff’s) default to a limit of $ ..... ).Signed sealed and delivered (and so on) (or as the case may be).

Form 65

P 55, r 10.

WARRANT FOR ARRESTTO THE SHERIFF—Arrest (name) and bring him before the Court to answer a charge of contempt detaining himin custody in the meantime unless, by paying the sum of $ into Court (or as the casemay be) he gives security for his appearance in person before the Court to answer the chargeand to submit to the (judgment or) order of the Court.Dated 7 May 19 .

Judge

Form 66

P 55, r 12.

WARRANT FOR COMMITTALTO THE SHERIFF—Take (name) to (name of correctional centre) and deliver him to theSuperintendent of that correctional centre.TO THE SUPERINTENDENT OF (name of correctional centre)Receive (name) into your custody and keep him there until the further order of thisCourt (or as the case may be).His committal is for contempt of court in that he (state the nature of the contempt, forexample, wilfully insulted the Judge while the Judge was sitting in Court).Dated 7 May 19 .

Judge

Form 67(Heading and title if possible.)

P 56, r 5.

NOTICE OF CLAIM

5. Proceedings No ..... of 19..... in the ..... Division (or as the case may be) of the Supreme Court of New South Wales.

6. Date of order to give this security: 10 April, 19.....



The claimant claims the property described in the schedule, being (part of) the property taken(intended to be taken) in execution by the Sheriff at (address) under process against(name) .

SCHEDULE(description)

Dated 7 May 19 .

Claimant: (name)Place of abode:Address for service:To the execution creditor:If you do not, within (4) days after service of this notice upon you, serve on the Sheriff anotice that you admit this claim, the Court may on application by the Sheriff grant relief byway of interpleader.If you admit the claim, you will not be liable to the Sheriff for any fees or expenses incurredby him after you serve on him notice that you admit it.

Form 68

P 59, r 4.

ORDERTHE COURT ORDERS THAT—(where the 1924 Act applies1. the judgment dated (date) of the (court) by which it was adjudged that (name) pay

money to (name) be registered under Part 2 of the Administration of Justice Act 1924;2. (name) may within .......... days after service upon him of notice of registration apply

to set aside the registration;3. the amount for which judgment may be enforced is $ ;4. the costs of and incidental to the application for this order and of registration of the

judgment be added to the amount specified in paragraph 3 of this order.)(where the 1973 Act applies1. The judgment dated (date) of the (court) by which it was adjudged that (name) pay

money to (name) (or state shortly the terms of and identify the judgment) be registeredunder Part 2 of the Foreign Judgments Act 1973 for—(a) the sum of $ ;

(signature)claimant’s solicitor

(signature)Sheriff



(b) (where, by the law of the country of the original court, interest becomes dueunder the judgment, specify amount of interest that will become due up to timeof registration or how interest is to be calculated);

(c) the costs of and incidental to the application for this order and of registrationof the judgment.

2. (name) may, within .......... days after service upon him of notice of registration, applyto set aside the registration;

(if the judgment may be enforced for the amount for which it is to be registered,3. the judgment may be enforced for the amount for which it is registered.)(otherwise3. the amount for which judgment may be enforced is $ ;4. the judgment may also be enforced for the interest and costs for which judgment is

registered.) )(Complete as in general form of minute of order under Part 41 rule 11.)

Form 69

P 59, r 6.

NOTICE OF REGISTRATION OF JUDGMENTTo: (name)(where the 1924 Act applies1. The judgment of (here follow the terms of the order) has been registered in this Court

under Part 2 of the Administration of Justice Act 1924;2. the amount including costs, for which judgment may be enforced against you is

$ )(where the 1973 Act applies1. The judgment of (here follow the terms of the order) has been registered in this Court

under Part 2 of the Foreign Judgments Act 1973 for—(a) the sum of $ ;(b) (where applicable interest of $ ;)(c) costs of $ .

2. The judgment may be enforced for the amount for which it is registered (or specifytotal amount for which judgment may be enforced).)

(where either Act applies3. you may, within .......... days after the service of this notice upon you, file notice of

motion to set aside the registration;(If applicable and see Part 59 rule 6 (4),4. the address for service of the above plaintiff, the judgment creditor, is (address).) )

Dated:




Form 70

P 60, r 12.

NOTICE OF APPEALAPPELLANT: JAMES STYLESRESPONDENT: JOHN LEEThe appellant appeals to the Court constituted by a Judge from the decision (or as the casemay be) of the associate Judge (or the following part of the decision of the associate Judge:(state the part)).GROUNDS: (state briefly but specifically the grounds relied upon in support of the appeal).ORDER SOUGHT: (state what judgment order or determination the appellant seeks in placeof the decision of the associate Judge).To the respondent:If there is no attendance before the Court by you or your counsel or solicitor at the time andplace specified below, the appeal may be dealt with and you may suffer a judgment or orderagainst you in your absence.Time and place for attendance:Time: at (10 a.m.)Place: (address of Court).

Form 70AA

P 65C, rr 3 (4), 4 (4).

OATH OF OFFICEI, (name) of (address) do swear that (if the oath is taken in relation to proceedingscommenced or proposed to be commenced under the Mutual Recognition Act 1992 of theCommonwealth or under the Trans-Tasman Mutual Recognition Act 1997 of theCommonwealth, add if I am enrolled as a legal practitioner by the Supreme Court of NewSouth Wales) I will truly and honestly conduct myself in the practice of a legal practitionerof the Supreme Court of New South Wales and I shall faithfully serve as such in theadministration of the laws and the usages of that State according to the best of my knowledge,skill and ability.

........................................Solicitor for plaintiff

(Signature of person takingoath)



CERTIFICATEI, (name) of (address), certify that I duly administered the above oath on (date)(date)

Form 70A

P 66, r 7 (2).

NOTICE OF INTENTION TO CEASE ACTING AS SOLICITORTo (name of former client):After (number of days not less than seven) days from (date), I (or, name of solicitorcorporation) will file in the registry of the Court a notice that I have (or, it has) ceased to actas your solicitor in these proceedings.You must therefore cause to be filed in the registry of the Court and served upon the defendant(or as the case may be, or, if the defendant has a solicitor, the defendant’s solicitor) a noticein the prescribed form stating the name of, and address of the office of, the solicitor who is toact for you, or, if you do not have a solicitor who is to act for you, stating your address forservice of documents, which address shall be the address of a place within three kilometresof the General Post Office, Sydney (or as the case may require; see Part 9 rule 6 (2)).Until that notice is so filed and served, any document to be served on you in the proceedingswill be taken to have been served on you if a copy of it is left at or sent to (address of the usualor last known place of business or of abode of the former client).

Form 70B(Repealed)

Form 71

P 69, (2).

WRIT OF HABEAS CORPUSTo: (name and address)Have (name of person detained) before the Court at (address) on 7 May 1972 at 10 a.m. andthereafter submit to the further order of this Court as to his custody.Witness (name) Chief Justice, 1972.

........................................

(Signature of a personadministering oath)

..................................................(Office of person administering

oath)



This writ is issued at the request of (name and address).


Form 71C

P 72B, r 3 (1).

ARBITRATOR’S AWARD AND REGISTRAR’S NOTICE TO PARTIESI have determined these proceedings under the Arbitration (Civil Actions) Act 1983 and havemade the following award:Award made in favour ofin the sum of $(Where applicable, This award is made with the consent of all parties.)I attach my reasons for the award (where a party failed to attend a hearing before thearbitrator) and information which I wish to bring to the attention of the Court.

Date of sending by the Court:(Unless the award is made with the consent of all parties add the following notice:

Notice by Registrar to parties.Unless a party makes application to the Court for a rehearing before the Court, and pays theprescribed fee, before the expiration of 28 days from the above date of sending by the Court,this award may be deemed to be the judgment of the Court and enforceable as such.

Form 71D

P 72B, r 3 (2).

ARBITRATOR’S REASONS FOR AWARDReasons for my award dated are as follows:(Set out reasons sufficient to make the parties aware of the arbitrator’s view of the case madeby each party).

By the Court

Registrar (or Chief Clerk)

Arbitrator.(Date)

Registrar.



(Where a party failed to attend the hearing before the arbitrator add:The defendant (or as the case may be) failed to attend the hearing before me on (date).and set out any information known to the arbitrator relating to reasons for the failure).

Form 71E

P 72B, r 5 (1) (a).

APPLICATION FOR REHEARINGI apply for an order under section 18 (2) of the Arbitration (Civil Actions) Act 1983 for a [ifapplicable full or limited] rehearing of these proceedings.

..................................................................................................................................................This application was filed on and a rehearing of the proceedings beforethe Court has been ordered.(Add any notice of appointment for directions or as required)

Forms 72–74(Repealed)

Form 74AA(Subpoena to a natural person: criminal proceedings)

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION

THE COURT ORDERS that you shall attend and produce this subpoena and the documentsand things described in the schedule—(a) before the Court (3);(b) at (4);

Arbitrator.(date)

(Date) Solicitor for

Registrar.

To (1)

(2)



(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending;but—(i) you need not comply with this subpoena if the party who requested its issue has

excused you from compliance;(ii) the party who requested the issue of this subpoena may, by written or oral

notice to you, alter the time for attendance and production to a later time.SCHEDULE

(8)

Issued at the request of (10) whose address for service is (10A).Note that—(1) if you do not comply with this subpoena you may be arrested.

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions otherthan on behalf of the accused) add—

(2) If you wish to be paid the expenses allowable in respect of your attendance, you mustproduce the certificate endorsed duly completed).

or(If the subpoena is issued at the request of the accused or at the request of the Solicitor(for Public Prosecutions on behalf of the accused) add—

(2) You are not entitled to payment by the Crown of your expenses in respect of yourattendance unless legal aid has been granted to the accused.

(3) documents and things produced by you in accordance with this subpoena may bereturned by post to you at your address shown on this subpoena but you may in writingon or attached to this subpoena request that they be posted to you at another addressgiven by you.

(4) any questions relating to the requirements of this subpoena should be directed not tothe Court but to the person who requested the issue of this subpoena.


Directions for completing the above form.(1) name.(2) address.(3) or as the case may require.(4) address of Court or other place.(5) date, for example, [7 May 19 .](6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date

will be given to you.

Dated 19 By the Court,(9)



(7) date, for example, 21 May 19 .(8) description of documents and things.(9) signature and description of officer of the Court.(10) state person at whose request the subpoena was issued.(10A) address for service.(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear

a margin of 25 millimetres on the right hand side.

Form 74AB(Subpoena to a corporation for production and for its proper officer to answer questions

concerning (possession, etc., of documents: criminal proceedings.)

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION AND TO ANSWER QUESTIONS

THE COURT ORDERS that—1. (1) “the corporation” shall produce this subpoena and the documents and things describedin the schedule by causing its proper officer to attend and produce them—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 a.m. (7) and until the officer is excused by the Court from further

attending; but—(i) the corporation need not comply with this subpoena if the party who requested

its issue has excused the corporation from compliance;(ii) if the corporation is a bank and is required by this subpoena to produce a

banker’s book and the corporation is not a party to these proceedings and PartIV of the Evidence Act 1898 would have applied prior to its repeal, thecorporation need not cause its officer to produce it if the corporation causeshim to produce proof of the relevant entries in it in accordance with that Part;

(iii) the party who requested the issue of this subpoena may, by written or oralnotice to the corporation, alter the time for attendance or production to a latertime.

2. the officer who is to attend shall make inquiries for the purpose of answering, and, onattending, shall answer, such questions as the Court requires him to answer concerning thepossession or custody of those documents and things.

SCHEDULE(8)

To (1)

(2)



Issued at the request of (10) whose address for service is (10A).Note that—(1) where the corporation fails to comply with this subpoena, this subpoena may be

enforced by sequestration of the property of the corporation or by arrest of an officerof the corporation or by both means.

(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than onbehalf of the accused, add—(2) if you wish to be paid the expenses allowable in respect of your attendance, you must

produce the certificate endorsed duly completed);or

(If the subpoena is issued at the request of the accused or at the request of the Solicitor forPublic Prosecutions on behalf of the accused) add—(2) you are not entitled to payment by the Crown of your expenses in respect of your

attendance unless legal aid has been granted to the accused;(3) documents and things produced by the corporation in accordance with this subpoena

may be returned by post to it at its address shown on this subpoena but it may inwriting on or attached to this subpoena request that they be posted to it at anotheraddress given by it;



Directions for completing this form.(1) name of corporation.(2) address.(3) or as the case may require.(4) address of Court or other place.(5) date, for example, 7 May 19 .(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which date

will be given to you.(7) date, for example, 21 May 19 .(8) description of documents and things.(9) signature and description of officer of the Court.(10) state person at whose request the subpoena was issued.(10A) address for service.




(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping cleara margin of 25 millimetres on the right hand side.

Form 74AC(Subpoena to give evidence: criminal proceedings)

P 75, r 2 (1) (r).

SUBPOENA TO GIVE EVIDENCE

THE COURT ORDERS that you shall attend for the purpose of giving evidence—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending;

but—(i) you need not comply with this subpoena if the party who requested its issue has


notice to you, alter the time for attendance to a later time.

Issued at the request of (9) whose address for service is (9A)Note that—(1) If you do not comply with this subpoena you may be arrested; and(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than onbehalf of the accused, add—(2) If you wish to be paid the expenses allowable in respect of your attendance, you must

produce the certificate endorsed duly completed);or

(If the subpoena is issued at the request of the accused or at the request of the Solicitor forPublic Prosecutions on behalf of the accused) add—(2) You are not entitled to payment by the Crown of your expenses in respect of your

attendance unless legal aid has been granted to the accused;(3) Being excused from compliance with this subpoena does not excuse you from

compliance with any other subpoena.Directions for completing the above form.

(1) name.

To (1)

(2)

Dated 19 . By the Court, (8)



(2) address.(3) or as the case may require.(4) address of Court or other place.(5) date, for example, 7 May 19 .(6) or on a date during the sittings beginning on (5) and ending on (7), notice of which

date will be given to you.(7) date, for example, 21 May 19 .(8) signature and description of officer of the Court.(9) state person at whose request the subpoena was issued.(9A) address for service.(10) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear


Form 74AD(Subpoena for production and to give evidence: criminal proceedings).

P 75, r 2 (1) (r).

SUBPOENA FOR PRODUCTION AND TO GIVE EVIDENCE

THE COURT ORDERS that you shall attend and produce this subpoena and the documentsand things described in the schedule and attend for the purposes of giving evidence—(a) before the Court (3);(b) at (4);(c) on (5) (6) at 10 a.m. (7) and until you are excused by the Court from further attending;

but—(i) you need not comply with this subpoena if the party who requested its issue has


notice to you, alter the time for production or attendance to a later time.SCHEDULE

(8)

Issued at the request of (10) whose address for service is (10A).

To (1)

(2)




Note that—(1) if you do not comply with this subpoena you may be arrested.(If the subpoena is issued at the request of the Solicitor for Public Prosecutions other than onbehalf of the accused, add—(2) If you wish to be paid the expenses allowable in respect of your attendance, you must

produce the certificate endorsed duly completed).or

(If the subpoena is issued at the request of the accused or at the request of the Solicitor forPublic Prosecutions on behalf of the accused add—(2) You are not entitled to payment by the Crown of your expenses in respect of your

attendance unless legal aid has been granted to the accused.(3) documents and things produced by you in accordance with this subpoena may be

returned by post to you at your address shown on this subpoena but you may in writingon or attached to this subpoena request that they be posted to you at another addressgiven by you.

(4) any questions relating to the requirements of this subpoena should be directed not tothe Court but to the person who requested the issue of this subpoena.



will be given to you.(7) date, for example, 21 May 19 .(8) description of documents and things.(9) signature and description of officer of the Court.(10) state person at whose request the subpoena was issued.(10A) address for service.(11) notwithstanding Part 65 rule 3 (3), the reverse of the page may be used, keeping clear


Form 74AE(Form of indictment)

P 75, r 3D (1).



(Under the description INDICTMENT on the form insert a statement of the nature of theoffence, for example for murder and, if a statutory offence, insert under that statement unders. .......... of the Crimes Act 1900 or as the case may require.New South WalesOn 7 May 20 the Attorney General (or Director of Public Prosecutions) on behalf of HerMajesty (or as the case may require: see ss. 8 and 9 of the Criminal Procedure Act 1986)charges that (state the offence and its Law Part Code, if any).(signature, full name and capacity of signatory: see s 126 of the Criminal Procedure Act 1986.)

Form 74AF

P 75, r 3E.

(No heading or title)BAIL ACT 1978

APPLICATION TO THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL FOR BAIL OR REVIEW OF BAIL OR VARIATION OF EXISTING BAIL

CONDITIONS.

1. I, ........................................................................................... (full name)of ...................................................................................................................................................... (address) (.......... Phone No) (.......... MIN if known)

NOTE (a)You must nominate only ONE of the above choices.(b) If you—

(i) remain in custody because any bail condition has not been complied with;and

(ii) want only bail conditions varied,you should choose “variation of existing bail conditions only” above. If the bailcondition you want varied was imposed by a court other than the Supreme Courtand you remain in custody because that bail condition has not been compliedwith, you must make your application to that other court, not to the SupremeCourt.

2. What is your date of birth? .............................

3. Do you need an interpreter? [ ] Yes [ ] NoIf Yes, what language? ............................................................

make application for—[ ] bail[ ] review of bail determination[ ] variation of existing bail conditions only



4. If you are an Aborigine or Torres Strait Islander—(a) Do you want the Aboriginal Legal Service to represent you in your application?

[ ] Yes [ ] No(b) If Yes, do not answer Question 5.

5. Do you want the Legal Aid Commission to represent you in your application?[ ] Yes No [ ]

If No, who will represent you at the hearing of your application? .................................................................................................................................................................. (name of solicitor and firm and, if known, fax no)

6. To what charges does your application apply? ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

Page 1 of 4

7. (a) What is the date of your next appearance in court on these charges? ..............(b) In which court are you appearing next?

at .............................

8. Have you had a committal hearing at the Local Court?[ ] Yes [ ] No(a) If Yes—

(i) What was the date? ........................................ (ii) Which Local Court? ........................................

(b) If No, has a date been set for the committal hearing at the Local Court?[ ] Yes [ ] NoIf Yes—(i) What was the date? ........................................ (ii) Which Local Court? ........................................

(c) Have you been committed for trial or sentence?[ ] Yes [ ] NoIf Yes—(i) was it for [ ] trial [ ] sentence(ii) which court [ ] Supreme Court [ ] District Court

[ ] Court of Criminal Appeal [ ] Supreme Court

[ ] District Court [ ] Local Court



at........................................ (d) Are you presently on appeal after trial or sentence?

[ ] Yes [ ] NoIf Yes, which court? [ ] Court of Criminal Appeal [ ] District Court

9. Are there any co-accused (or co-defendants) in this matter?[ ] Yes [ ] No

If Yes, who? ............................................................................................................................................................................................................................................................................................................................................................

10. Are you presently in custody? [ ] Yes [ ] NoIf Yes, please answer the following—(a) What date were you taken into custody of these charges? ....................

............................................................ (b) Are you presently serving a sentence? [ ] Yes [ ] No

If Yes, when are you due for release? .................... (c) Which gaol are you presently in? ............................. (d) If released on bail, where do you intend to live? ...................................

11. Who is the police officer in charge of your case? ...............................................................................................................................................................................................

Page 2 of 4ANSWER QUESTIONS 12 TO 15 ONLY IF YOU REPLIED “VARIATION

OF EXISTING BAIL CONDITIONS ONLY” TO THE CHOICE IN PARAGRAPH 1.

12. If you are you in custody, is it only because you have not complied with a conditionof the bail which you are seeking to have varied? [ ] Yes [ ] No

13. What court granted the bail, a condition of which you seek to have varied?

NB If the bail condition you want varied was imposed by a court other than theSupreme Court and you remain in custody because that bail condition has notbeen complied with, you must make your application to that other court, not tothe Supreme Court.

14. What variation are you asking for? .....................................................................................................................................................................................................................

.......... (address) (.................... Phone No)

[ ] Court of Criminal Appeal

[ ] Supreme Court

[ ] District Court

[ ] Local Court



.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

15. On the previous grant of bail, was there any surety involved?[ ] Yes [ ] No

If Yes, please state the name and address of each surety .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

NOTE If a surety was involved, unless the surety appears in person at the hearing of thisapplication and consents to it, you will be required to produce at court at the hearing ofthis application—(a) evidence of notification of the surety of the date of listing of this application and of

the nature of the variation sought; AND(b) the written consent of the surety to that variation.

16. If this application is to the Supreme Court—(a) Is this your [ ] 1st [ ] 2nd [ ] 3rd [ ] 4th [ ] More application of

any kind to the Supreme Court in relation to bail?(b) If the answer to (a) is not “1st”, please state the special facts or special

circumstances which justify the making of this further application.IF THIS APPLICATION IS TO THE SUPREME COURT, YOURAPPLICATION WILL NOT BE ENTERTAINED UNTIL A SATISFACTORYANSWER IS GIVEN TO THIS QUESTION.REPRESENTATIVES OF THE LEGAL AID COMMISSION (OR, WHEREAPPLICABLE, THE ABORIGINAL LEGAL SERVICE) WILL ASSISTAPPLICANTS WITH THIS QUESTION IF REQUIRED

Page 3 of 4..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

17. If this form is completed by a solicitor on behalf of the applicant, what approximatetime is it anticipated that the hearing of the application will take? ............................................................................................................................................................................................................................................................................................................

18. Any other comments you wish to make ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................



.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................

.......................................................................................................................................NOTE (a)This note applies only if—

(i) this application is to the Supreme Court and will be heard in Sydney;and

(ii) at the time this application is filed in the Court, you are in custodybut are NOT in a detention centre within the meaning of the Children(Detention Centres) Act 1987 or in the Long Bay CorrectionalComplex.

(b) Subject to paragraph (c), the hearing of this application will be conducted bymeans of video link facilities without your personal attendance at court. Video linkfacilities allow two-way audio and visual communication of television standardbetween the Court and the Metropolitan Remand and Reception Centre, includingprivate communication between you and your legal representative. If you are inanother correctional centre, you will be sent to the Metropolitan Remand andReception Centre for the hearing.

(c) The Court may, if it is in the interests of justice to do so, order that the hearingof this application is not to be conducted by video link. An application for such anorder—(i) must be in the prescribed form, which is available on request;(ii) must be filed with this application, together with any supporting

documents;(iii) will be dealt with before this application is placed in the list for hearing;

and(iv) may be dealt with by the Court in the absence of the public and without

any attendance by or on behalf of yourself.

Page 4 of 4

Form 74AG(Repealed)

Form 74AH

P 75, r 3F.

(No heading or title)ACCEPTABLE PERSON—INFORMATION FORM

Signed ........................................ Date ............................. 199.....

ACCUSED NAME: .................................................................................



AMOUNT OF SECURITY/CASH REQUIRED:

.................................................................................

PROPOSED ACCEPTABLE PERSON ....................................................................... ADDRESS: ................................................................................. OCCUPATION: ................................................................................. SOURCE OF IDENTIFICATION: .......................................................................

1. How long have you known the accused? ............................................................ 2. What is the nature of your acquaintance with the accused?

........................................

..................................................................................................... 3. Have you had any criminal convictions? [ ] Yes [ ] No4. Do you have any criminal charges outstanding? [ ] Yes [ ] No5. Do you have any bankruptcy proceedings pending/in

process?[ ] Yes [ ] No

6. If Yes to any of the above three questions, provide details here ............................. ............................................................................................................... ............................................................................................................... ............................................................................................................... ............................................................................................................... ...............................................................................................................

7. Are you currently surety in any other matter? [ ] Yes [ ] No8. If Yes, provide details .................................................................................

...............................................................................................................

...............................................................................................................

...............................................................................................................

...............................................................................................................

............................................................................................................... 9. IF YOU PROPOSE TO ENTER INTO AN AGREEMENT WITHOUT

SECURITY TO FORFEIT AN AMOUNT OF MONEY. Provide full details of your financial resources to pay the amount required, should the accused fail to comply with the Bail Undertaking (eg. Bank accounts, furniture etc.) .......... ............................................................................................................... ...............................................................................................................



I hereby offer myself for consideration as an acceptable person under the provisions ofthe Bail Act 1978, and I understand that should any answer that I have given be untrueor wilfully misleading I may be charged with a Criminal Offence.I further understand that if the Accused person fails to comply with any conditions ofhis/her Bail Undertaking then the money/security that I am lodging may be forfeited tothe Crown, and, should I desire to be discharged from my obligation under the Bail Act1978, I must make application to the Court whilst the accused person is present beforethe Court.I do solemnly and sincerely declare and affirm that the answers that I have given in thisdocument are true and correct to the best of my knowledge, information and belief. AND Imake this solemn declaration as to such matters according to the Oaths Act 1900, and subjectto the punishment by law provided for any wilfully false statement in any such declaration.

.................................................. PROPOSED ACCEPTABLE PERSON

Declared this day of 199 , at the Supreme Court, Queen’s Square, Sydney beforeme

........................................ JUSTICE OF THE PEACE

10. IF YOU PROPOSE TO DEPOSIT AN ACCEPTABLE SECURITY. What security are you providing? ........................................................................................... ............................................................................................................... ............................................................................................................... ............................................................................................................... ............................................................................................................... ...............................................................................................................

11. IF YOU PROPOSE TO DEPOSIT CASH. Is this your money?

[ ] Yes [ ] No

Provide details of where you obtained the money .................................................. ............................................................................................................... ............................................................................................................... ............................................................................................................... ............................................................................................................... ...............................................................................................................



Form 74AHA

P 75, r 3FA.

OBJECTION TO CONFIRMATION OF FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL

I, (full name) of (address) object to confirmation of the forfeiture order made by the

Supreme Court*/Court of Criminal Appeal* on (date) in theseproceedings.*delete as requiredThe order affects me in the following manner—(state how you are affected)

I rely on the following grounds—(state grounds of objection)

Signed:Date:Time for hearing:Place:

Form 74AHB

P 75, r 3FB.

APPLICATION TO SET ASIDE FORFEITURE ORDER BY THE SUPREME COURT OR THE COURT OF CRIMINAL APPEAL

I, (full name) of (address) apply to set aside the forfeiture order made by the

Supreme Court*/Court of Criminal Appeal* on (date) in theseproceedings.*delete as requiredThe order affects me in the following manner—(state how you are affected)

I rely on the following grounds—(state grounds of application)



Signed:Date:Time for hearing:Place for hearing:

Form 74AI(Repealed)

Form 74AJ

P 75, r 3H (1)

ELECTION UNDER S. 132 (1) OF THE CRIMINAL PROCEDURE ACT 1986I, , of , being charged with (short details of the charge, or allof the charges, in the proceedings), elect to be tried by a Judge alone in respect of the allegedoffence(s).I have before making this election sought and received advice in relation to the election from

barrister (or solicitor).The date fixed for my trial is 19 .Dated:

Full name and address of witness:The Director of Public Prosecutions consents to this election.Dated:

(Signature and description)

Form 74AK

P 75, r 3H (1)

ELECTION UNDER S. 132 (5) OF THE CRIMINAL PROCEDURE ACT 1986I, , having previously elected to be tried by a Judge alone in respect ofthese proceedings, now elect to be tried by a jury.The date fixed for my trial is 19 .

_______________Accused

______________________________ Witness to signature of accused



Dated:

Full name and address of witness:

Form 74A(Summons under the Part 5 of Chapter 4 of the Criminal Procedure Act 1986.)

(To be set out in accordance with Form 1.)(name)

prosecutor(name)

defendantSUMMONS

The plaintiff claims—1. An order that the defendant (name) appear before a Judge of the Court toanswer to the offence that (state the offence).

or1. An order that the defendant (name) be apprehended for the purpose of beingbrought before a Judge of the Court to answer to the offence that (state the offence).2. That the defendant be dealt with according to law for commission of the above offence.Time and place for hearing the application for the above orders—Time: 19 19 at 10 a.m.Place: (address of Court)Prosecutor: (name and address)Prosecutor’s address for service: (Part 9 rule 6).Address of Registry:

(signature)Plaintiff’s solicitor

Filed: 19 .

Form 74B

P 75, r 8.

(Minute of order under section 246 (1) (a) of the Criminal Procedure Act 1986.)(Heading and title as in Form 74A.)

ORDERTo the defendant (name, address and occupation):

_______________ Accused

______________________________ Witness to signature of accused



THE COURT ORDERS you to appear before a Judge of the Court at (address of Court) on 19 , at 10 a.m., to answer to the offence alleged by the prosecutor that (state the

offence alleged).(Complete as in general form of minute of order under Part 41 rule 11.)

Form 74C

P 75, r 8.

(Minute of order under section 246 (1) (b) of the Criminal Procedure Act 1986.)(Heading and title as in Form 74A.)

ORDERTo all members of the police force (add, where section 246 (4) of the Criminal Procedure Act1986 applies, and to ):THE COURT ORDERS you to arrest (name) and bring him before a Judge ofthe Court to answer to the offence alleged by the prosecutor that (state offence alleged).

(Complete as in general form of minute of order under Part 41 rule 11.)

Forms 74D–89(Repealed)

Form 89A

P 77, r 38.

(Minute of order under section 21 (2) of the Status of Children Act 1996)ORDER

THE COURT DECLARES that the relationship of parent and child exists between the personnamed below and the child named below—CHILDSurname:Other names:Sex:Date of birth:Place of birth: (full name and address of hospital or house)PARENTSurname:Other names:Occupation:Sex:Date of birth:Where born: (town or locality)

(State or country)(Complete as in general form of minute of order under Part 41 rule 11, Form 51)



Form 89B(Notice of claim for provision under the Family Provision Act 1982)

P 77, r 63.

NOTICE OF CLAIMThe plaintiff has applied to the Court under the Family Provision Act 1982, for an order forprovision for him out of the estate of (name) deceased who died on 19 .If you are entitled to, and wish to apply for, an order for provision for you out of that estateyou must apply within a period prescribed by the Act or allowed by the Court. If you do not,before the Court deals with the plaintiff’s application, apply for an order for provision for youout of that estate, the Court may deal with the plaintiff’s application without regard to anypossible application by you.Dated:

Form 89C(Repealed)

Form 89D(Defendant’s notice under s. 31 (5) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87A.

(set out the allegations)as to which the defendant says:(set out the matter on which the defendant proposes to rely).Dated:

Defendant

Form 89E(Prosecution’s notice under s. 31 (5) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87A.

(signature)

Solicitor for the administrator(address for service)

(or as the case may be)

The defendant (name) accepts the allegations in the statement, a copy of which is annexed hereto marked “A”, (where applicable) except so far as it is alleged that:



The prosecution accepts the allegations in the statement, a copy of which is annexed heretomarked “A”, (where applicable) except so far as it is alleged that:

(set out allegations)

Form 89F(Notice under section 44 (2) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87B.

To: (name and address):Where the notice is added to the minute of order:On (date) the Court made the above order.

ORWhere the order is annexed:On (date) the Court made the order annexed hereto, and make an annexure note on the minuteof order.

Form 89G(Certificate under section 85 (1) of the Confiscation of Proceeds of Crime Act 1989)

P 77, r 87G.

I certify that this copy order is a true sealed copy of an order of the (name of court which madethe order).

ORI certify that this copy amendment to an order is a true sealed copy of an amendment to anorder of the (name of court which made the order).

(as the case may require)Dated:

(signature)

Form 89H(Order under s. 3 (1) of the Restricted Premises Act 1943)

P 77, r 91.

ORDERTHE COURT DECLARES, pursuant to section 3 (1) of the Restricted Premises Act 1943, thepremises described below to be premises to which Part 2 (Disorderly houses) of that Actapplies.

Dated: Solicitor forPublic Prosecutions(or as the case may require)



(describe the premises)(Complete as in general form of minute of order, Form 51)

Form 89I(Order under s. 4 (1) or s 14 (3) of the Restricted Premises Act 1943)

P 77, r 91.

ORDERTHE COURT ORDERS that the declaration made under section 3 (1) of the RestrictedPremises Act 1943 on (date) in respect of the premises described below be rescinded.

(describe the premises)(Complete as in general form of minute of order, Form 51)

Form 89J(Notice of declaration under s. 5 (1) of the Restricted Premises Act 1943)

P 77, r 91.

(No heading or title)On (date), pursuant to the Disorderly Houses Act 1943, the Supreme Court declared thepremises described below to be premises to which Part 2 (Disorderly houses) of that Actapplies.

(describe the premises)

Form 89K(Notice of rescission under s. 5 (1) of the Restricted Premises Act 1943)

P 77, r 91.

(No heading or title)On (date) the Supreme Court, on the application of the undersigned, rescinded an order madepursuant to the Restricted Premises Act 1943 on (date) declaring the premises describedbelow to be premises to which Part 2 (Disorderly houses) of that Act applies.

(describe the premises)(name)

Applicant.

Form 89KA

P 77, r 133A

(name)Superintendent or Inspector of Police.



(No heading or title)Evidence (Audio and Audio Visual Links) Act 1998

APPLICATION TO THE SUPREME COURT FOR A DIRECTION THAT THEHEARING OF BAIL PROCEEDINGS OR OF OTHER PRELIMINARY CRIMINALPROCEEDINGS NOT BE CONDUCTED BY VIDEO LINK

Important information about this applicationHearings in the Supreme Court at Sydney of bail proceedings and of other preliminarycriminal proceedings relating to a person who is in custody, but is not in a detention centrewithin the meaning of the Children (Detention Centres) Act 1987, will be conducted bymeans of video link facilities without your personal attendance at Court, unless the Court inthe interests of justice otherwise orders.Video link facilities allow two-way audio and visual communication of television standardbetween the Court and correctional centres, including private communication between youand your legal representatives.If you wish to apply for an order that the hearing of the bail application or preliminarycriminal proceedings not be conducted by video link facilities, you must complete this formand file it and any supporting documents. If you are the person in custody this form (and anyannexure) can be filed by forwarding it by facsimile to the Criminal Registry on (02) 92308060.The application for a direction that video link facilities not be used:(a) will be dealt with before the application relating to bail or the other preliminary

criminal proceedings are to be heard, and(b) may be dealt with by the Court in the absence of the public and without any attendance

by the person who is in custody or on behalf of the person who is in custody.

ApplicationName of person in custody (full name):Date of birth of person in custody (if known):Place person is being kept in custody (at the moment, if known):Supreme Court file number (if known):

The reasons why this bail application or this other preliminary criminal proceeding should notin the interests of justice be conducted by video link, and why I should appear physicallybefore the court, are (state below):Signed:Print full name:Date:

Nature of proceedings (tick appropriate box): bail application arraignment

I am (tick appropriate box): the person in custody other (specify)



Address:Telephone number:

Form 89L(Certificate under s. 75 or s 77F of the Victims Compensation Act 1996)

P 77, r 137A.

CERTIFICATE

1. A direction was made by this Court in these proceedings on (date) under section {71or 77B} of the Victims Compensation Act 1996 that a sum be paid to the registrar ofthis Court out of the property of (name).

2. The amount required by the direction that has not, as at the date hereof, been paid tothe registrar of this Court is $ (amount).

Dated: (date)

Form 90(Summons for probate, administration or resealing)

P 78, r 8.

SUMMONSThe plaintiff (name) the executor named in the will dated 1 July 1971 (where applicable and2 codicils dated (date) and (date)) of (name) late of (place) labourer deceased claims thatprobate of the will (where applicable and 2 codicils) be granted to him.

orThe plaintiff (name) a beneficiary named in the will dated 1 July 1971 (where applicable and2 codicils dated (date) and (date)) of (name) late of (place) labourer deceased claims thatadministration with the will (where applicable and 2 codicils) annexed of the estate of thedeceased be granted to him (where applicable (name) the executor named in the will havingrenounced probate) (where applicable and that the administration bond be dispensed with).

orThe plaintiff (name) the (relationship to the deceased, for example widow or de facto spouse)of (name) late of (place) labourer deceased claims that administration of the estate of thedeceased be granted to her (where applicable and that the administration bond be dispensedwith).

orThe plaintiff (name) (where applicable as attorney of (name)) claims that probate of the willdated 1 July 1971 (or where applicable letters of administration of the estate) of (name) lateof (place) labourer granted by (description of court) to (name) be sealed with the seal of thisCourt (where applicable and that the administration bond be dispensed with).

____________________ Registrar



or(Application for administration under s. 41A of the Probate Act)

The plaintiff (name) claims that administration in respect of (name) late of (place),(occupation) be granted to him for the purposes only of an application being made under theFamily Provision Act 1982 by him (or him on behalf of (name)).(If a declaration under the former section 18A of the Wills, Probate and Administration Act1898 or under section 8 of the Succession Act 2006 is claimed, alter the claim accordingly.)The proceedings commenced by this summons will be dealt with by a Judge or a registrar outof court. However, the Court may, of its own motion, appoint a date for the hearing in Courtof the proceedings.Plaintiff: (name, address and occupation)Plaintiff’s address for service: (Part 9 rule 6, Part 78 rule 8)Filed: (date)

Form 91

P 78, r 10.

(Notice of intended application for probate.)In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application for probate of the will dated 1July 1971 (where applicable, and 2 codicils dated (date) and (date) of (name in capitals) lateof (place), labourer, will be made by (name). Creditors are required to send particulars oftheir claims upon his estate to (name) solicitors (address) (and, where applicable, or theiragents, name, address).

(Form 4 does not apply.)

Form 92

P 78, r 10.

(Notice of intended application for administration.)In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice and application for administration (or whereapplicable administration with the will dated 7 May 1970, annexed) of the estate of (name incapitals) late of (place), labourer, will be made by (name) the (relationship to deceased orcapacity of applicant). Creditors are required to send particulars of their claims upon hisestate to (name) solicitors (address) (and, where applicable, or their agents, name, address).


(signature)Plaintiff’s Solicitor.



Form 92A

P 78, r 10.

(Notice of intended application for administration under s. 41A of the Probate Act)In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application for administration in respect of(name in capitals) late of (place), (occupation) will be made by (name) for the purposes onlyof an application being made under the Family Provision Act 1982, by him (or him on behalfof (name)).(Solicitor’s name and address.)


Form 93

P 78, r 10.

(Notice of intended application for resealing.)In the Supreme Court of New South Wales Equity Division Probate List.

After 14 days from publication of this notice an application will be made that the Probate ofthe will and codicils (or where applicable Letters of administration of the estate) of (name incapitals) late of (place) granted by (court) to (name) be sealed with the seal of this Court.Creditors are required to send particulars of their claims upon his estate to (name) solicitors(address) (and, where applicable, or their agents, name, address).


Form 94

P 78, r 14.

RENUNCIATION OF PROBATEI, (name) of (address of place of residence) (labourer) declare—1. I am the executor (or one of the executors or as the case may be) appointed by the willdated 1 July 1971 (where applicable), and 2 codicils dated (date) and (date) of (name) late of(place) labourer who died on (date).2. I have not intermeddled in the estate of the deceased.3. I renounce all right to probate of the will (where applicable and codicils) and to all trusts,powers and authorities expressed by the will (where applicable and codicils) to be made orgiven to me.Dated: (date).

Signed in the }presence of



Form 95

P 78, r 15.

AFFIDAVIT OF ATTESTING WITNESSOn 7 May 19 I (name, address and occupation) say on oath—1. On (date) the document annexed and marked “A” was signed as now appears on thedocument by (name) the deceased as his will in the presence of me and of (name of otherwitness) present at the same time and then at the request of the deceased attested andsubscribed by us in his presence and in the presence of each other.2. The signatures (set out) and (set out) subscribed as witnesses to the will are respectivelythose of me and (name of other witness).

Form 96

Forms 97, 98, 104, 106.

ANNEXURE “.......... ”INVENTORY OF PROPERTY

of the estate of (name) of (place, occupation), deceased.Property owned solely by deceased

Property owned by deceased as joint tenant with another or others

This is Annexure “.......... ” to the affidavit of (name) sworn at (place) this (date) before me.(signatures of the applicant and the person before whom the affidavit is sworn)

Sworn at }before me

Description Estimated or known value(Describe each item sufficiently to identify it) $

(Amount)(Total)

Description Particulars of other joint owner

Estimated or known value

(Describe each item sufficiently to identify it)

(Name and address of other joint owner)

$(Amount)

(Total)



Form 97

P 78, r 24 (1) (a).

AFFIDAVIT OF EXECUTOROn (date) I, (name, address and occupation), say on oath—1. My full residential address is (address).2. The document dated (date) and signed in the margin by me and by the person before

whom this affidavit is sworn is, I believe, the last will of (name), late of (place,occupation), the deceased, and I am not aware of the existence of any other documentpurporting to embody the testamentary intentions of the deceased [where applicableexcept for (specify document)].

3. My means of identifying the will are (state these).4. The attesting witnesses to the will are (name) and (name).5. The deceased died on (date) aged (number) years and I believe that the deceased is

(name in certificate of registration of death) referred to in the certificate of registrationof death which is annexed and marked “A”.

6. The deceased { did or did not} marry after the will was made [where applicablenamely to (name) on (date)].

7. The deceased left assets within New South Wales.8. I am the executor named in the will and I am over 18 years of age.9. [Where applicable (name) one of the executors named in the will { died on (date) as

evidenced by the death certificate annexed and marked “.......... ” or renounced probateof the will on (date)}.]

10. If I am granted probate of the will of the deceased—(a) I will administer the estate according to law; and(b) I will—

(i) verify and file; or(ii) verify, file and pass,my accounts relating to the estate of the deceased within 12 months from thedate of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of theProbate Act applies and the whole of the estate does not pass to one or morecharities or public benevolent institutions, add if so required by the Court].

11. [Where the deceased resided at the date of his or her death in the State Notice of thisapplication was published on (date) in the (name), which is a newspaper circulating inthe district where the deceased resided at the date of the deceased’s death, evidencedby the tear sheet annexed and marked “.......... ”.]

or[Where the deceased did not reside at the date of his or her death in the State Noticeof this application was published on (date) in the (name), which is a Sydney dailynewspaper, as evidenced by the tear sheet annexed and marked “.......... ”.]

12. The names, ages and entitlements of the persons entitled in distribution of the estateof the deceased are-(state these).



13. A statement of all assets of the deceased of which I am presently aware is annexed andmarked “..... ”. I will disclose to the Court any other asset which comes to my notice.(The statement shall be in Form 96)

14. The liabilities of the deceased of which I am presently aware are as follows—LIABILITIES

15. The estate has a gross value of $ (amount) and a net value of $ (amount).16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant

of probate of the will of the deceased [where applicable except for (specify matter)].

Form 98

P 78, rr 24A (2) (a), 25 (2) (a), 25A (2) (a).

AFFIDAVIT OF APPLICANT FOR ADMINISTRATIONOn (date) I, (name, address and occupation) say on oath—1. My full residential address is (address).2. I am (state relationship to deceased) of (name, occupation) late of (place) who died

on (date) aged (number) years and I believe that the deceased is (name in certificateof registration of death) referred to in the certificate of registration of death which isannexed and marked “A”.

3. I believe that the deceased did not leave a will or document purporting to embody thetestamentary intentions of the deceased [where applicable except for (specifydocument)].

4. (State what searches have been made for a will or document purporting to embody thetestamentary intentions of the deceased.)

5. The names, ages, relationship to the deceased and entitlements of the persons entitledin distribution of the estate of the deceased are— (state these).

Date Name of creditor, etc.

Description of liability

Estimated or known amount

Secured Unsecured(date liability incurred eg

3-8-93)(date)

(name)(name)

(description)(description)

$

(amount)(total)

$

(amount)(total)

Sworn at }before me



6. (State the facts establishing that the persons named in paragraph 5 are the personsentitled in distribution of the estate. Annex appropriate certificate evidence).

7. The deceased left assets within New South Wales.8. I am not an undischarged bankrupt, I have not assigned or encumbered my interest in

the estate and I am over 18 years of age.9. If I am granted administration of the estate of the deceased—

(a) I will administer the estate according to law; and(b) I will—

(i) verify and file; or(ii) verify, file and pass,

my accounts relating to the estate of the deceased within 12 months from the date ofgrant [where neither paragraph (a) nor (b) of section 85 (1AA) of the Probate Actapplies, add if so required by the Court].

10. [Where the deceased resided at the date of his or her death in the State Notice of thisapplication was published on (date) in the (name), which is a newspaper circulating inthe district where the deceased resided at the date of { his or her} death, evidenced bythe tear sheet annexed and marked “B”.]

or[Where the deceased did not reside at the date of his or her death in the State Noticeof this application was published on (date) in the (name), which is a Sydney dailynewspaper, as evidenced by the tear sheet annexed and marked “B”.]

11. A statement of all assets of the deceased of which I am presently aware is annexed andmarked “C”. I will disclose to the Court any other asset which comes to my notice.(The statement shall be in Form 96)


13. The estate has a gross value of $ (amount) and a net value of $ (amount).[Where Part 78 rule 25A applies

14. The names, ages and relationship to the deceased of the persons who, if the deceasedhad not left a de facto spouse*, would have been entitled in distribution of the estateare— (state these).





3-8-93)(date)

(name)(name)


$

(amount)(total)

$

(amount)(total)



15. (State the facts establishing that the persons named in paragraph 14 are the personswho would have been entitled in distribution of the estate. Annex appropriatecertificate evidence.)]

16. I am not aware of any circumstances which raise doubt as to my entitlement to a grantof administration of the estate of the deceased [where applicable except for (specifymatter)].

(* If deceased died before the commencement of Schedule 2.25 of the Property(Relationships) Legislation Amendment Act 1999, substitute de facto wife or de factohusband.)

Form 98A(Affidavit showing deceased had no de facto spouse)

P 78, rr 24A (2) (c).

On (date) I (name, address and occupation) say on oath—State the facts showing the competency of the deponent to make this affidavit, for example—1. I am the widow of the deceased.2. I lived with the deceased up to the time of his death and for a continuous period of

.......... years beforehand.State the facts complying with Part 78 rule 24A (2) (c) for example, where the widow is thedeponent and the following is true—3. The deceased did not leave any person who at the time of his death was a partner with

him in a de facto relationship within the meaning of section 4 of the Property(Relationships) Act 1984.

4. I am aware that sections 4 and 5A of the Property (Relationships) Act 1984 are asfollows:(Here set out the sections)

Form 99(Affidavit showing deceased had no de facto spouse)

P 78, r 25 (2) (f).

Sworn at }before me

Sworn at }before me



On 7 May 19 I (name, address and occupation) say on oath—(State the facts showing the competency of the deponent to make this affidavit, for example—1. I am the widow of the deceased.2. I lived with the deceased up to the time of his death and for a continuous period of

.......... years beforehand.)(State the facts complying with Part 78 rule 25 (2) (f) for example, where the widow is thedeponent and the following is true—3. The deceased did not leave any person who at the time of his death was a partner with

him in the relationship of a man and a woman living together as husband and wife ona domestic basis although not married to each other).

Forms 99A–100B(Repealed)

Form 101

P 78, rr 24A, 25, 25A.

CONSENT TO ADMINISTRATIONI, (name) of (place) labourer am (state relationship) of (name) late of (place) labourer. I amover 18 years of age. I am not an undischarged bankrupt and I have not assigned orencumbered my interest in the estate of the deceased.I consent to letters of administration being granted to (name) who is (state relationship) ofthe deceased (where applicable and to administration bond being dispensed with).

I have read the Affidavit of the Applicant for Administration and understand how theentitlement of the de facto spouse* affects the distribution of the estate of the deceased.]Dated: (date)

Sworn at }before me:

[Where the estate or part is required to be held in trust for a de facto spouse* of the deceased, add—

Signed in the presence }of



[* If deceased died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999, substitute de facto wife or de facto

husband.]AFFIDAVIT OF WITNESS TO CONSENT

On (date) I, (name, address and occupation) say on oath—1. The above document was signed in my presence on (date) by (name).2. The signatures (set these out) are respectively my signature and that of (name of personconsenting).

Form 102

P 78, rr 24A, 25, 25A, 26, 27.

ADMINISTRATION BONDWe (state the name, address and occupation of the proposed administrator and of each suretyto the bond) jointly and severally covenant to pay to Her Majesty the Queen and hersuccessors $ (penalty of bond) if administration of the estate of (name) late of (place)labourer deceased is granted by the Supreme Court of New South Wales to the said (name ofproposed administrator) and any one or more of the following occurs, namely:1. he does not collect, get in and administer the estate according to law;2. he does not pay out of the estate the just debts of the deceased;3. he prefers any debt of the deceased to him;

(and, where the deceased died before 31 December 1981)4. he does not file or file and pass his accounts relating to the estate within 12 months

after the grant and whenever ordered to do so by the Court.(or, where the deceased died on or after 31 December 1981)

5. he does not verify and file or verify, file and pass his accounts relating to the estate(where section 85 (1AA) of the Probate Act (which relates to certain executors, etc.)applies) within 12 months after the grant or as the Court may order in respect of him(or, where that subsection does not apply) as the Court may order in respect of him.Dated: (date)Signed sealed and delivered etc.

Form 103

P 78, rr 24A, 25, 25A, 26.

AFFIDAVIT OF SURETYOn 7 May 19 I (name, address and occupation) say on oath—

Sworn at }before me



1. My full residential address is (state this).2. I am one of the sureties for (name) the intended administrator of the estate of (name) lateof (place) labourer.3. I am possessed of property to the value of $ (state value) after deduction of all my just debtsand every sum for which I am bail or surety in any civil or criminal matter, action orproceeding.4. My property consists of (set out in detail the location and nature of assets and whether heldseverally or jointly with any other person, and state particulars of encumbrances).

Form 103A(Affidavit relating to de facto relationships)

P 78, r 25A (2) (d).

AFFIDAVITOn 19..... I (name, address and occupation) say on oath—1. The deceased left (or did not leave) a wife (or husband).2. At the time of death of the deceased (and, where either s 61B (3A) (a) of the Probate

Act applies (deceased leaving a husband or wife) or s 61B (3B) (a) of the Probate Actapplies (no husband or wife but issue) add and for a continuous period of not less thantwo years prior to the death of the deceased) (a) I was the sole partner in therelationship with the deceased of a man and a woman living together as husband andwife on a bona fide domestic basis although not married to each other and (b) I wasnot a partner in any other relationship of a man and a woman living together ashusband and wife on that basis although not married to each other (and, where thedeceased left a wife or husband, add and (c) the deceased did not, during the whole orany part of that period, live with the person to whom he (or she) was married).

3. (State the facts showing that the deponent is a person for whom the estate of thedeceased is required to be held in trust, including dates and periods of therelationship, places where the partners lived together, financial and property matters,children and so on).

Sworn at }before me

Sworn at }before me:



Form 103AA(Affidavit relating to de facto relationships)

P 78, r 25A (2) (d).

AFFIDAVITOn (date) I (name, address and occupation) say on oath—1. The deceased { left or did not leave} a { husband or wife}2. At the time of death of the deceased [and, where either s 61B (3A) (a) of the Probate Actapplies (deceased leaving a husband or wife) or s 61B (3B) (a) of the Probate Act applies (nohusband or wife but issue) add and for a continuous period of not less than two years prior tothe death of the deceased]—(a) I was the sole partner with the deceased in a de facto relationship; and(b) I was not a partner in any other de facto relationship.[Where the deceased left a wife or husband, add; and(c) the deceased did not, during the whole or any part of that period, live with the person

to whom the deceased was married.]3. (State the facts showing that the deponent is a person for whom the estate of the deceasedor part thereof is required to be held in trust, including dates and periods of the relationship,places where the partners lived together, financial and property matters, children and so on).4. In this affidavit “de facto relationship” has the same meanings as it has in the Property(Relationships) Act 1984. I am aware that sections 4 and 5A of that Act are as follows:(Here set out the sections)

Form 103B(Notice, where the deceased leaves a de facto wife or de facto husband or de facto spouse)

P 78, r 25A (3) (b) (iv).

NOTICE OF APPLICATION FOR ADMINISTRATIONTo: (name and address:)After (14 days or 28 days: see Part 78, rule 25A (3) (b)) from the date of service of this noticeon you, an application for a grant of administration of the estate of the deceased will be madeby (name). There is a claim that the deceased left a de facto spouse*, (name). Served on youwith this notice are—(a) affidavits setting out facts relating to the de facto relationship claimed and other

matters;

Sworn at }before me



(b) an affidavit showing the assets and liabilities of the estate and the persons who areentitled in distribution of the estate and who would, if the deceased had not left a defacto spouse* have been so entitled.

If you do not oppose the application, the Court may grant administration to the applicant whomay then be at liberty to distribute in due course to the de facto spouse* the estate or part ofthe estate to which she is entitled.If the deceased did not leave a de facto spouse* and you were entitled to the estate or part,you may have been entitled to a grant of administration of the estate of the deceased.Dated:

Form 104

P 78, r 26.

AFFIDAVIT OF APPLICANT FOR ADMINISTRATION WITH THE WILL ANNEXEDOn (date) I, (name, address and occupation), say on oath—1. My full residential address is (address).2. The document dated (date) and signed in the margin by me and by the person before

whom this affidavit is sworn is, I believe, the last will of (name), late of (place,occupation), the deceased, and I am not aware of the existence of any other documentpurporting to embody the testamentary intentions of the deceased [where applicableexcept for specify document].

3. My means of identifying the will are (state these).4. The attesting witnesses to the will are (name) and (name).5. The deceased died on (date) aged (number) years and I believe that the deceased is

(name in certificate of registration of death) referred to in the certificate of registrationof death which is annexed and marked “A”.

6. The deceased { did or did not} marry after the will was made.7. The deceased left assets within New South Wales.8. I am not an undischarged bankrupt, I have not assigned or encumbered my interest in

the estate of the deceased and I am over 18 years of age.

(signature)Solicitor for the applicant.(address for service)(or as the case may be)

(* If deceased died before the commencement of Schedule 2.25 of the Property (Relationships) Legislation Amendment Act 1999, substitute de facto wife or de facto husband.)



9. [Where applicable (name) the executor named in the will { died on (date) as evidencedby the death certificate annexed and marked “.......... ” or renounced probate of the willon (date)}.]

10. The names, ages and entitlements of the persons entitled in distribution of the estateare (state these) [where the names of all the persons entitled do not appear on the faceof the will, state the facts establishing that the persons named in this paragraph arethe persons entitled].

11. If I am granted administration of the estate of the deceased—(a) I will administer the estate according to law; and(b) I will—

(i) verify and file; or(ii) verify, file and pass,my accounts relating to the estate of the deceased within 12 months from thedate of grant [where neither paragraph (a) nor (b) of section 85 (1AA) of theProbate Act applies and the whole of the estate does not pass to one or morecharities or public benevolent institutions, add if so required by the Court].

12. [Where the deceased resided at the date of his or her death in the State Notice of thisapplication was published on (date) in the (name), which is a newspaper circulating inthe district where the deceased resided at the date of his or her death, evidenced by thetear sheet annexed and marked “.................... ”.]

or[Where the deceased did not reside at the date of his or her death in the State Noticeof this application was published on (date) in the (name), which is a Sydney dailynewspaper, as evidenced by the tear sheet annexed and marked “.................... ”.]

13. A statement of all assets of the deceased of which I am presently aware is annexed andmarked “.................... ”. I will disclose to the Court any other asset which comes to mynotice.(The statement shall be in Form 96)


15. The estate has a gross value of $ (amount) and a net value of $ (amount).16. I am not aware of any circumstances which raise doubt as to my entitlement to a grant

of administration of the estate of the deceased [where applicable except for (specifymatter)].





3-8-93)(date)

(name)(name)


$

(amount)(total)

$

(amount)(total)



Form 105

P 78, r 26.

RENUNCIATION IN FAVOUR OF PUBLIC TRUSTEEI, (name) of (address of place of residence) labourer declare—1. I am the executor (or one of the executors or as the case may be) appointed by will dated1 July 1971 (where applicable and 2 codicils dated (date) and (date) of (name) late of (place)labourer who died on (date)).2. I have not intermeddled in the estate of the deceased.3. I renounce all right to probate of the will (where applicable and codicils) and to all trusts,powers and authorities expressed by the will (where applicable and codicils) to be made orgiven to me.4. I request the Public Trustee to apply for administration with the will (where applicable andcodicils) annexed of the estate.Dated: (date).

Form 105A

P 78, r 26A (1) (a).

(Affidavit of applicant for administration for the purposes of the Family Provision Act 1982.)AFFIDAVIT OF APPLICANT FOR ADMINISTRATION

On (date) I, (name, address and occupation), say on oath—1. My full residential address is (address) and I am over the age of 18 years.2. I am (state relationship to deceased) of (name, occupation) late of (place) who died

on (date) aged (number) years and I believe that the deceased is (name in certificateof registration of death) referred to in the certificate of registration of death which isannexed and marked “A”.

3. I am not aware of any will or document purporting to embody the testamentaryintentions of the deceased.

or

Sworn at }before me




The document dated (date) and signed in the margin by me and by the person beforewhom this affidavit is sworn is a copy of the { last will or document purporting toembody the testamentary intentions} of the deceased.

orI believe that the deceased left a { will or document purporting to embody thetestamentary intentions of the deceased} but no copy of it is available.

4. I am not aware of any proposal by any other person to make an application for a grant.or

I believe that (name) of (address, occupation), proposes to make an application for agrant.

5. [If applicable I intend to make an application under the Family Provision Act 1982 onbehalf of (name, address and occupation)].

6. (State the facts showing that—(a) if the plaintiff intends to make an application under the Family Provision Act

1982 on behalf of another person—that person; or(b) otherwise—the plaintiff,is an eligible person within the meaning of the Family Provision Act 1982.)

7. A copy of an affidavit which { has been or will be} sworn and which I intend to file incompliance with Part 77 rule 59 (1) (a)–(d) in the proceedings on the applicationintended to be made under the Family Provision Act 1982 is annexed and marked “B”.

8. The matters referred to in paragraphs (identify numbers of paragraphs in thelastmentioned annexure relating to the matters mentioned in Part 77 rule 59 (1)(a)–(d)) of annexure “B” are true.

9. [Where the deceased resided at the date of his or her death in the State Notice of thisapplication was published on (date) in the (name), which is a newspaper circulating inthe district where the deceased resided at the date of his or her death, evidenced by thetear sheet annexed and marked “C”.]

or[Where the deceased did not reside at the date of his or her death in the State Noticeof this application was published on (date) in the (name), which is a Sydney dailynewspaper, as evidenced by the tear sheet annexed and marked “C”.]

10. I am not aware of any circumstances which raise doubt as to my entitlement to a grantof administration of the estate of the deceased [where applicable except for (specifymatter)].

[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Sworn at }before me



Form 106

P 78, r 28.

AFFIDAVIT OF APPLICANT FOR RESEALINGOn (date) I, (name, address and occupation), say on oath—1. My full residential address is (address).2. The deceased died intestate on (date) aged (number) years.

orThe deceased died on (date) aged (number) years and left a will dated (date) by which{ he or she} appointed { me or (name)} executor.

3. I am not aware of the existence of any document purporting to embody thetestamentary intentions of the deceased [where applicable except for { the said will or(specify document)}].

4. {Probate of the will was or Letters of Administration of the estate of the deceasedwere} granted by (name of court) to { me or (name)} on (date).

5. The grant has not been revoked.6. The deceased left assets within New South Wales.7. The names, ages, relationship to deceased and entitlements of the persons entitled in

distribution of the estate of the deceased are— (state these).8. [Where the application is for resealing Letters of Administration I am not an

undischarged bankrupt and I have not assigned or encumbered my interest (if any) inthe estate.]

9. I am over 18 years of age.10. I am aware that, if the grant is sealed by this Court, accounts relating to the estate must

be—(a) verified and filed; or(b) verified, filed and passed,within 12 months after the sealing [where neither paragraph (a) nor (b) of section 85(1AA) of the Probate Act applies and the whole of the estate does not pass to one ormore charities or public benevolent institutions, add if so required by the Court].

11. [Where the deceased resided at the date of his or her death in the State Notice of thisapplication was published on (date) in the (name), which is a newspaper circulating inthe district where the deceased resided at the date of { his or her} death, evidenced bythe tear sheet annexed and marked “A”.]

or[Where the deceased did not reside at the date of his or her death in the State Noticeof this application was published on (date) in the (name), which is a Sydney dailynewspaper, as evidenced by the tear sheet annexed and marked “A”.]

12. A statement of all assets of the deceased of which I am presently aware is annexed andmarked “B”. I will disclose to the Court any other asset which comes to my notice.(The statement shall be in Form 96)




14. The estate has a gross value of $ (amount) and a net value of $ (amount).[Where the application for reseal is made pursuant to a Power of Attorney

15. By Power of Attorney dated (date, name) appointed me { his or her } attorney to applyto this Court to reseal the grant.

16. A certified copy of the Power of Attorney is annexed and marked “C”.17. I have not received any notice of revocation of the Power of Attorney by death,

unsoundness of mind, act of donor or otherwise.]18. I am not aware of any circumstances which raise doubt as to my entitlement to have

the grant sealed by this Court [where applicable except for (specify matter)].

Form 106A

P 78, r 28A.

AFFIDAVIT OF ADDITIONAL ASSETS (or LIABILITIES or ASSETS AND LIABILITIES)

On (date) I, (name, address and occupation) say on oath—1. I am the { executor or (as the case may be)} of the estate of the deceased.2. {Assets or (as the case may require)} of the deceased not disclosed to the Court before

the date of swearing this affidavit are listed below—(list)





3-8-93)(date)

(name)(name)


$

(amount)(total)

$

(amount)(total)

Sworn at }before me

Sworn at }before me




Form 106B

P 78, r 34A.

CONSENT TO DISTRIBUTION OF GIFTI (name) of (place) (occupation) would benefit directly from the avoidance of the beneficialgift or disposition given or made by the will dated (date) of (name of deceased) to (name ofinterested witness). My benefit would have been (specify the benefit). I am over 18 years ofage. I am not an undischarged bankrupt. I have not assigned or encumbered any interest thatI may have in the estate of the deceased.I consent to the distribution of the gift according to the will.Dated: (date).

AFFIDAVIT OF WITNESS TO CONSENTOn 7 May 19.......... I (name, address and occupation) say on oath:1. The above document was signed in my presence on (date) by (name).2. The signatures (set these out) are respectively my signature and that of (name of

person consenting).

Form 106CA

P 78, r 34A (1A).

CONSENT TO ORDERI (name) of (place) (occupation) would receive the following benefit under the will dated(date) of (name of deceased) if the order set out below is not made (specify benefit).If the order is made my benefit would be (specify benefit).I am over 18 years of age. I am not an undischarged bankrupt. I have not assigned orencumbered any interest that I may have in the estate of the deceased.I consent to an order being made that (specify order).Dated: (date).


Sworn at }before



AFFIDAVIT OF WITNESS TO CONSENTOn (date) I (name, address and occupation) say on oath:1. The above document was signed in my presence on (date) by (name).2. The signatures (set these out) are respectively my signature and that of (name of

person consenting).

Form 106C

P 78, r 34D.

(Notice to interested witness of intention to distribute estate.)(heading and title.)

NOTICE OF INTENTION TO DISTRIBUTE ESTATETo (name of interested witness or interested witness’s spouse, as the case requires) (address).After one month from the date on which this notice is served on you, I, (name), of (address),the executor of the will and codicils (or where applicable administrator of the estate) of(name) late of (place) (occupation) intend to make a distribution of that part of the estate thesubject of a beneficial gift to you.I would make the distribution otherwise than to you on the ground that the gift is void becauseyou (or your spouse) attested the will.You may, before I make the distribution, take such steps as the law permits to have the giftmade not void.Dated: (date).

(signature)

Form 106DConsent by Affected Person

P 78, r 34E (1).


Sworn at }before me



CONSENT

1. I, (name) of (place) (occupation) am over the age of 18 years, am not an undischargedbankrupt and have not assigned or encumbered any interest that I may have in theestate of the abovenamed deceased.

2. I have read and understood copies of the following documents which relate to theapplication for a grant of probate (or administration) in relation to the estate of thedeceased:(a) Summons (or Statement of Claim);(b) Affidavit of Executor (or Affidavit of Applicant for Administration); and(c) (where the informal testamentary document is not annexed to the

abovementioned documents a document purporting to embody thetestamentary intentions of the deceased which is not executed in accordancewith the formal requirements of the Succession Act 2006 (or where stillrelevant, the Wills, Probate and Administration Act 1898).)

3. Copies of the documents referred to in paragraph 2 are annexed hereto and marked“A” and “B” (or to “C” if applicable) respectively.

4. I consent to the Court:(a) declaring whether it is satisfied that the deceased intended the document

(identify informal testamentary document in respect of which consent is given)to constitute:(i) a will of the deceased;(ii) an amendment of a will of the deceased; or(iii) the revocation of a will of the deceased, and

(b) making the declaration in my absence and without my becoming a party to theproceedings or having any opportunity to put forward argument or evidence.

5. In this consent “will” extends to a testament and to a codicil and to any appointmentby will or by writing in the nature of a will in exercise of a power, and also to adisposition by will and testament or devise of the custody and tuition of any child, andto any other testamentary disposition.

In the Supreme Courtof New South WalesEquity DivisionProbate List

Estate of(name) late of(place) labourer

Dated: (date).



AFFIDAVIT OF WITNESS TO CONSENTOn (date), I (name, address and occupation) say on oath:1. The above document was signed in my presence on (date) by (name).2. The signatures (set these out) are respectively my signature and that of (name of

person consenting).

Form 106E

P 78, r 34E (1).

(Notice to Affected Person)

NOTICETo (name and address)

1. An application for grant of probate (or administration) has been made by me (or us)in respect of the estate of the abovenamed deceased. Copies of the Summons (orStatement of Claim) and Affidavit of Executor (or Affidavit of Applicant forAdministration) are annexed and marked “A” and “B” respectively.

2. A copy of a document purporting to embody the testamentary intentions of thedeceased, which is not executed in accordance with the formal requirements of theSuccession Act 2006 (or where still relevant, the Wills, Probate and AdministrationAct 1898), is annexed hereto and marked with the letter “C” (or as the case may be).The Court will decide whether the lastmentioned document is:(a) a will of the deceased;(b) an amendment of a will of the deceased; or(c) the revocation of a will of the deceased.


Sworn at }before me





3. In the preceding paragraph “will” extends to a testament and to a codicil and to anyappointment by will or by writing in the nature of a will in exercise of a power, andalso to a disposition by will and testament or devise of the custody and tuition of anychild and to any other testamentary disposition.

4. Unless the prescribed form of notice of your appearance is received in the Registrywithin 14 days after service of this notice upon you (or, if this notice is served outsideNew South Wales and the Australian Capital Territory, within 28 days of service ofthis notice upon you), the Court may hear and determine the proceedings in yourabsence with such consequences as may ensue according to law.

5. Upon filing an appearance you will become a defendant to the proceedings in so far asthey relate to the declaration by the Court as to the effect of the document referred toin paragraph 2.

Plaintiff: (name, address and occupation)Plaintiff’s address for service: (Part 9 rule 6)Dated: (date)

Form 106F

P 78, r 34E (3).

(Notice to Caveator)

NOTICETo (name and address)

1. An application for grant of probate (or administration) has been made by me (or us)in respect of the estate of the abovenamed deceased. Copies of the Summons (orStatement of Claim) and Affidavit of Executor (or Affidavit of Applicant forAdministration) are annexed and marked “A” and “B” respectively.

2. You have lodged a caveat under rule 62A of the Supreme Court Rules 1970 in respectof the estate of the deceased.

3. Unless the prescribed form of notice of your appearance is received in the Registrywithin 14 days after service of this notice upon you (or, if this notice is served outside

(Signature)Plaintiff’s Solicitor





New South Wales and the Australian Capital Territory, within 28 days of service ofthis notice upon you), the caveat will lapse and the Court may hear and determine theproceedings in your absence with such consequences as may ensue according to law.

4. Upon filing an appearance you will become a defendant to the proceedings in respectof such aspects of the proceedings as the Court directs.

Plaintiff: (name, address and occupation)Plaintiff’s address for service: (Part 9 rule 6)Dated: (date)

Form 107(Repealed)

Form 108

P 78, rr 46, 54.

(Request for issue of citation.)(To be set out in accordance with Form 1)


REQUEST FOR ISSUE OF CITATIONI request that a citation do issue to each of (name of each person to be cited) to take probateof the will dated (date) (or where applicable pray for administration of the estate) of (name)late of (place) labourer.(Where applicable) I request that the time limited for (name) to answer the citation be(number) days after service on him of the citation.Person applying: (name, address and occupation)Filed: (date)

or

(Signature)Plaintiff’s Solicitor

Estate of (name) late of

(place) labourer

(signature)Solicitor for person applying



(Title, etc., as in originating process)I request that a citation to see these proceedings do issue to each of (name of each person tobe cited)Party applying: (name)Filed: (date)

Form 109

P 78, r 51.

(Citation to pray for administration.)(To be set out in accordance with Form 1)


CITATION TO PRAY FOR ADMINISTRATIONTo (name)This citation is issued at the request of (name) of (address) labourer who has filed in thisCourt an affidavit by him stating that—1. (name) late of (place) labourer died at (place) on (date);2. he believes that the deceased died without leaving a will or document purporting to

embody the testamentary intentions of the deceased (or where applicable he believesthat the deceased left a will, a copy of which is annexed and marked “A”);

3. (where applicable) No executor was appointed by the will (or where applicable(name) the executor appointed by the will has renounced probate or where applicable(name) the executor appointed by the will died on (date));

4. he is (state relationship to the deceased) of the deceased (or where applicable he is abeneficiary under the will or where applicable he is a creditor of the deceased).

You are cited to pray for administration of the estate of the deceased. If you wish to complywith this citation you must—1. within 14 days after service on you of this citation (or if this citation is served on you

outside New South Wales within 3 months after service of it on you) file in the registryof this Court an answer stating that you intend to apply to the Court for a grant to youof administration of the estate of the deceased; and

(signature)Solicitor for party applying

Estate of (name) late of

(place) labourer



2. With reasonable promptness commence proceedings in this Court for a grant to youof administration of the estate of the deceased and pursue those proceedings diligently.

If you do not comply with this citation the Court may grant administration of the estate of thedeceased to (name) without further notice to you in your absence.Dated: (date)

Form 110(Title, etc., as in citation.)

P 78, r 51.

ANSWER TO CITATION TO PRAY FOR ADMINISTRATIONI (name) of (address) labourer having been served on (date) at (place) with a citation issuedat the request of (name) and dated (date) to pray for administration of the estate of (name) lateof (place) labourer answer that I intend to apply to this court for a grant to me ofadministration of the estate of the deceased.Filed: (date)

Form 111

P 78, r 52.

(Citation to take probate.)(To be set out in accordance with Form 1.)

CITATION TO TAKE PROBATETo (name)This citation is issued at the request of (name) of (address) labourer who has filed in thisCourt an affidavit by him stating that—1. (name) late of (place) labourer died at (place) on (date);

By the CourtRegistrar

(signature)Solicitor for the person cited


Estate of (name) late of(place) labourer



2. he believes that the deceased left a will, a copy of which is annexed and marked “A”,which appoints you the executor (or one of the executors) of it;

3. he is a beneficiary under the will (or where applicable) he is (state relationship to thedeceased) of the deceased (or where applicable he is a creditor of the deceased).

You are cited to take probate of the will. If you wish to comply with this citation you must—1. within 14 days after service on you of this citation (or if this citation is served on you

outside New South Wales within 3 months after service of it on you) file in the registryof this Court an answer stating that you intend to apply to this Court for a grant to youof probate of the will; and

2. with reasonable promptness commence proceedings in this Court for a grant to you ofprobate of the will and pursue those proceedings diligently.

If you do not comply with this citation your right in respect of the executorship shall whollycease, and the representation to the deceased and the administration of his estate shall,without any further renunciation, go, devolve, and be committed in like manner as if you hadnot been appointed executor.Dated: (date)

Form 112

P 78, r 52.

ANSWER TO CITATION TO TAKE PROBATEI, (name) of (address) labourer having been served on (date) at (place) with a citation issuedat the request of (name) and dated (date) to take probate of the will, a copy of which isannexed to the citation, of (name) late of (place) labourer answer that I intend to apply to thisCourt for a grant to me of probate of the will.Filed: (date)

Form 113

P 78, r 53.

(Title, etc. as in originating process.)CITATION TO SEE PROCEEDINGS

To (name)This citation is issued at the request of (name) of (address) labourer who is the plaintiff (orwhere applicable a defendant) in proceedings commenced in this Court by statement of claim

By the CourtRegistrar

Solicitor for the person cited(signature)



(or where applicable summons). A copy of the statement of claim (or where applicablesummons) is annexed and marked “A”.(Where a will is referred to in the statement of claim or summons). A copy of the will referredto in the statement of claim (or where applicable summons) is annexed and marked “B”.The plaintiff has filed an affidavit stating that you have an interest adverse to him in theproceedings in that (state the adverse interest) (or, where the citation is issued pursuant toPart 78 rule 34C) The plaintiff has filed an affidavit stating that you have not consented tothe order sought in the statement of claim (or summons).If you do not answer this citation by entering an appearance in the proceedings before theproceedings are heard and determined, the Court may hear and determine the proceedings inyour absence with such consequences as may ensue according to law.

Form 114

P 78, rr 61, 62, 62A.

CAVEAT

I require that: (1)

Dated: (date) By the CourtRegistrar


Estate of (name)late of (place), (occupation)

(a) (Rule 61) (2)

no grant of probate or reseal be made in the estate of (name) late of (place), (occupation) who died on (date of death) without prior notice to me.

or(b) (Rule 62) (3)

any will (or where applicable, the will dated (date) (or otherwise identify the will)) of (name) late of (place), (occupation) who died on (date of death) be proved in solemn form.

or



(c) (Rule 62A) (4)

no grant be made in the estate of (name) late of (place), (occupation) who died on (date of death) unless I am given the opportunity to be heard on the question of whether a declaration as to the Court’s satisfaction under section 8 of the Succession Act 2006 (or where still relevant, section 18A of the Wills, Probate and Administration Act 1898) should be made in respect of a document made by the deceased.

My interest is: (state this)

Caveator: (name, address and occupation)Caveator’s address for service (Part 9 rule 6)Lodged: (date)

(signature)Caveator’s solicitor

Notes

(1) Delete whichever of (a), (b) or (c) is inapplicable. As to the procedures applicable to the type of caveat filed, see Divisions 5B, 6, 8, 9 and 10 of Part 78.

(2) This paragraph is appropriate where the caveator wishes to make a general objection to grant or reseal.

(3) This paragraph is appropriate where the caveator wishes to put the admissibility of the will beyond doubt or where the only issue is whether the will was executed in accordance with the formal requirements for execution of wills. A person requiring proof in solemn form may not raise issues such as testamentary capacity, undue influence or fraud but may examine witnesses, and raise questions, as to the proper execution of the will.

(4) This paragraph is appropriate where the only issue is whether an appropriate declaration should be made under section 8 of the Succession Act 2006 (or where still relevant, section 18A of the Wills, Probate and Administration Act 1898) (relating to testamentary documents and amendments to testamentary documents which are not executed in accordance with the formal requirements of the Act concerned).



Form 115

P 78, r 64.

NOTICE OF WITHDRAWAL OF CAVEATI (name) of (address) withdraw the caveat filed by me on (date) and numbered (number ofcaveat).Dated: (date)

(signature)Caveator or Caveator’s solicitor

Form 115A(Repealed)

Form 116

P 78, r 76.

(Notice of filing of accounts.)In the Supreme Court of New South Wales Equity DivisionAfter 14 days from publication of this notice the { executor of the will or administrator of theestate or as the case may be} of (name in capitals) late of (place, occupation) will makeapplication for an order passing { his or her or as the case may be} accounts [if applicableand an order for commission]. Any person wishing to object to the application may obtain acopy of it by filing a Notice of Intended Objection and must file an Appearance in theproceedings before they are concluded.Address for Service: (Part 9 rule 6)


Form 116A

P 78, r 77A.

Notice of Intended Objection to {Accounts or Commission or Accounts and Commission}

(name) of (address, occupation) intends to object to the { passing of accounts or allowanceof commission or passing of accounts and allowance of commission} in the estate of (name)late of (place, occupation) who died on (date).Address for Service: (Part 9 rule 6)

Form 117

P 78, r 89.

(Acknowledgment under s. 83 of the Probate Act.)



ACKNOWLEDGMENT made under the Probate and Administration Act 1898, between(name or names) executor (or where applicable executors) of the duly proved Will (or whereapplicable administrator (or where applicable administrators) with the Will annexed) of(name) late of (address and occupation as in will) deceased, of the one part, and (name ornames) devisee (or where applicable devisees) under the said Will, of the other part, wherebythe said executor (or as the case may be executors or administrator or administrators) doth(or where applicable do) acknowledge that the said devisee (or where applicable devisees)is (or where applicable are) entitled for the estate for which the same is devised to him (orwhere applicable them) by the said Will to the real estate described in the said Will as(describe as in Will).Dated this day of 19 .(Signature or signatures of executor or executors or administrator or administrators).

Form 118

P 78, r 90.

(Notice of appointment of executor or administrator.)

NOTICE OF APPOINTMENT OF EXECUTOR (or ADMINISTRATOR)To (name)After 28 days from the date of service on you of this notice I (name) of (address) the executorof the will and codicils (or where applicable administrator of the estate) of (name) late of(place) labourer propose pursuant to section 75A of the Probate and Administration Act1898, to appoint by deed (name) to be an executor of the will and codicils (or whereapplicable administrator of the estate) of the deceased in my place and stead (or whereapplicable as co-executor or co-administrator) with me (or where applicable the continuingexecutors or the continuing administrators).If you object to the appointment you may within the period of 28 days lodge with theRegistrar in Probate notice that you object to the appointment being made and serve a copyof that notice on me at (address).Dated: (date)

Form 119

P 78, r 90.

DEED OF APPOINTMENT OF EXECUTOR OR ADMINISTRATOR


Estate of (name) lateof (place) labourer

(signature)



THIS INDENTURE made the (date) BETWEEN (name) of (address) (hereinafter called the“Appointor”) of the one part and (name) of (address) (hereinafter called the “Appointee” ofthe other part WHEREAS (name) late of (place) by his will dated (date) gave all his estate tothe Appointor and appointed him sole executor of his will (or as the case may be, reciting thewill) (or where applicable died intestate) AND WHEREAS (where applicable probate of thewill) (or where applicable letters of administration of the estate) of the deceased was (orwhere applicable were) granted to the Appointor (where applicable and to (name)) by theSupreme Court of New South Wales on (date) AND WHEREAS the Appointor has not yetrenounced or taken probate of the will (or where applicable fully administered the estate) ofthe deceased AND WHEREAS the Appointor is desirous of retiring from the office ofexecutor of the will (or where applicable administrator of the estate) and of appointing theAppointee to act in his place and stead or is desirous of appointing the Appointee asco-executor with him (or as the case may be) NOW THIS DEED WITNESSES that theAppointor HEREBY APPOINTS the Appointee executor of the will in his place and stead oras co-executor with him of the will (or as the case may be).Signed sealed and delivered etc.

Form 120

P 78, r 90.

(Notice of objection to appointment of executor or administrator.)

OBJECTION TO APPOINTMENT OF EXECUTOR (or ADMINISTRATOR)I (name) of (address) object to the proposal by (name) to appoint (name) as (state theproposed appointment).My interest in the will (or where applicable estate) is (state the interest).Filed: (date)

Form 121

P 78, r 91 and P 77, rr 31, 69.

(Notice of intended distribution of an estate under—(a) section 92 of the Probate and Administration Act 1898;(b) section 11 of the Testator’s Family Maintenance and Guardianship of Infants Act

1916;(c) (Repealed)


Estate of (name) lateof (place) labourer

(signature)



(d) section 35 of the Family Provision Act 1982.)(No heading or title is necessary.)

NOTICE OF INTENDED DISTRIBUTION OF ESTATEAny person having any claim upon the estate of (name in capitals) late of (place, occupation)who died on (date) [where the notice is given in respect of trust property add or in respect of(describe the property to be conveyed or distributed and identify the trust)] must sendparticulars of the claim to the executor* (name) at {address of executor* or care of name ofsolicitor, solicitor, address, [where applicable add or their agents, name, address]} within {one calendar month or longer period} from publication of this notice. After that time the {assets of the estate [where appropriate add and the property] or property} may be conveyedand distributed having regard only to the claims of which at the time of conveyance ordistribution the executor* has notice. {Probate was or Letters of administration were} grantedin N.S.W. on (date).(Form 4 does not apply. It is not necessary to add the name of the person authorisingpublication.)*or as the case may be

FORM 121A(Repealed)

Form 122

P 79, r 8.

(Petition under the Parliamentary Electorates and Elections Act 1912.)(To be set out in accordance with Form 1.)

PETITIONTo the Court of Disputed Returns—(The statement of facts shall be divided into paragraphs numbered consecutively, eachparagraph being as far as possible confined to a distinct portion of the subject matter. Thefacts shall include a description of the petitioner in terms of section 157 (c) of the subject Act,the date and result of the election, the date on which the writ was returned and the facts reliedon to invalidate the election or return.)

In the Matter of the Election of aMember of the LegislativeAssembly for the ElectoralDistrict of (place).

(name)petitioner

(name)respondent



The petitioner prays that—(a)(b)To the respondent (address)—You are liable to suffer judgment or an order against you unless the prescribed form of noticeof your appearance is received in the Registry (or where a place in the Riverina or the CentralWest or the Northern Rivers district is the nominated place of trial, “or Sub-Registry”) within14 days after service of this petition upon you.Petitioner: (name, address).Petitioner’s Address for Service: (Part 9 rule 6 (1)).Address of Registry:(where a place in the Riverina is the nominated place of trial, add

“Sub-Registries: the offices of clerks of the Court at Albury, Cootamundra,Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora and Tumut”.)

(where a place in the Central West is the nominated place of trial, add“Sub-Registries: the offices of the clerks of the Court at Bathurst, Cowra,Dubbo, Forbes, Lithgow, Mudgee, Parkes and Wellington”.)

(where a place in the Northern Rivers district is the nominated place of trial, add“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen,Byron Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey,Kyogle, Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie,Tenterfield, Tweed Heads and Wauchope”.).

Signed by the Petitioner in our presence at (place) on (date).

(The rules which apply where a deponent making an affidavit if illiterate or blind shall applyin respect of each witness, making such changes as it is necessary to make, where a petitioneris illiterate or blind.)


(signature)Petitioner

(signature)(full name, address and occupation)(signature)(full name, address and occupation)



Form 123

P 79, r 9.

(Notice of filing petition under the Parliamentary Electorates and Elections Act 1912.)NOTICE OF DISPUTED ELECTION (OR RETURN) OF A MEMBER OF THE

LEGISLATIVE ASSEMBLYA petition was, on (date), filed with the Prothonotary of the Supreme Court disputing theelection (or return) of (name) as a member of the Legislative Assembly for the ElectoralDistrict of (place).The facts relied on to invalidate the election (or return) are as follows—(a)

(state the facts as concisely as may be)(b) The petition prays that—

(set out the claims for relief prayed for in the petition)Petitioner: (name, address and occupation).


Form 124

P 79, r 31.

(Notice of a reference under the Parliamentary Electorates and Elections Act 1912.)NOTICE OF A REFERENCE OF A QUESTION TO THE COURT OF DISPUTED

RETURNSThe following question respecting the qualification of a member of the Legislative Assembly(or respecting a vacancy in the Legislative Assembly) was, on ,19 , referred to the Court of Disputed Returns for its determination, namely—

(state the question)(name), Speaker of the Legislative Assembly.

(Form 4 does not apply)

Form 125(Notice of application for reduction of capital and of list of creditors.)

P 80, r 9.

(No heading or title.)NOTICE OF APPLICATION RELATING TO

(name of company in capitals.)An application has been made to the Supreme Court to confirm a resolution of the aboveCompany for reducing its capital from $ (or as the case may be). A list of the personsadmitted to have been creditors of the Company on (date), may be inspected at the office ofthe Company at (address) or at the office of the undersigned at any time during usual businesshours, on payment of the charge of ($ Schedule G item 22).



Any person who claims to have been, on the last mentioned day and still to be, a creditor ofthe company, unless he belongs to the following class or classes (set out class or classes) andis not entered on the said list and claims to be so entered, must on or before (date), send hisname and address, and the particulars of his debt or claim (and the name and address of hissolicitor, if any) to the undersigned or in default thereof he will be precluded from objectingto the proposed reduction of capital.Every admitted creditor who does not consent thereto shall be entitled to object.Any creditor who has not received notice that his name is entered on the list of creditors mustsend to the undersigned particulars of his name and address.

Form 126(Notice of application under ss. 123 (5), 320 and 363 (1) of the Code.)


(Name of Company in capitals.)

P 80, rr 9 (4) (b), 10 and 18.

In respect of proceedings commenced on (date), application will be made by (name ofplaintiff) (or if applicable, name of substituted plaintiff, who has, with the leave of the Court,in respect of a summons filed on (date) been substituted as plaintiff) to the Supreme Court ofNew South Wales at a.m. on (date) at (address of Court)where application is made for an order under section 123 (5) of the Code without fixing adate for (settling a list of creditors to confirm a resolution of the Company to reduce its sharecapital from $ to $ , such reduction to be effected by (state how the reduction isto be effected).

orwhere application is made for an order under section 320 of the Code for an order undersection 320 of the Companies (New South Wales) Code, in respect of the above Companyand, where an order for winding up is sought including an order that the Company be woundup.

orwhere application is made for an order under section 364 (1) of the Companies (New SouthWales) Code, for an order that the Company be wound up.

or(state the orders sought)Copies of documents filed may be obtained under the rules.

(name of plaintiff ’s solicitor)

(No date is required.) (address for service)(Form 4 is not applicable.)



Any person intending to appear at the hearing must serve a notice in the prescribed form soas to reach the address below not later than 1 p.m. on (specify the date, for example 7 May19 by reference to Part 80 rule 20 (3)).

(Form 4 is not applicable.)

Form 127(Affidavit verifying list of creditors.)

P 80, r 10.

AFFIDAVITOn 7 May 19 I (name, address and occupation) say on oath—1. I am the secretary, (or as the case may be) of the plaintiff.2. The document produced to me, and marked “A”, contains a list of the creditors of and

persons having claims upon the said Company (or a list of the creditors of and personshaving claims upon the said Company except those of the following class (orclasses—set out class or classes) on (date) (the date fixed by the Court) together withtheir addresses, and the nature and amount of their debts or claims, and such list is, tothe best of my knowledge and belief, a true and accurate list of persons having claimson that day, and of the nature and amount or estimated value of their debts or claims.

3. To the best of my knowledge and belief there was not, at that date, any debt or claimwhich, if that date were the commencement of the winding up of the said Company,would be admissible in proof against the said Company other than and except the debtsand claims set forth in the said list.

4. I am able to make this statement from facts within my knowledge as the of thesaid Company, and from information derived upon investigation of the books of thesaid Company.

(name of plaintiff ’s solicitor)

(No date is required.) (address for service)

Sworn at } “A”

before me

Name, address and description of creditor or claimant

Nature of debt or claim Amount of estimated value of debt or claim



This list of creditors and claimants marked “A” was produced and shown to AB at the time ofswearing his affidavit before me on (date).

XY[Where applicable, include the note required by Part 38 rule 6 (4) (a)]

Form 128(Notice to creditors.)

P 80, r 10.

To (name and address of creditor).An application has been made to the Supreme Court to confirm a special resolution of theabove Company for reducing its capital from $ to $ . In the list of personsadmitted by the Company to have been its creditors on (date) (here insert any qualificationwhich may have been directed) your name is entered as a creditor for (nature and amount orestimated value of debt or claim).If you claim to have been on the last-mentioned day a creditor in a larger amount than is statedabove, you must on or before (date), send the particulars of your claim, your name andaddress (and the name and address of your solicitor, if any) to the undersigned otherwise theabove entry in the list of creditors will, in all the proceedings under the above application toreduce the capital of the Company, be treated as correct.Dated 19 .

(Name of plaintiff’s solicitors.)

Form 129(Affidavit as to claims.)

P 80, r 10.

AFFIDAVITOn 7 May 19 I, CD, of &c (for example, the secretary of the said Company) and on 11May 19 , I, EF, of &c (for example, the solicitor for the said Company) and on 12 May19 I, AB, of &c (for example, the managing director of the said Company) say onoath—I, the said CD for myself say—

Name, address and description of creditor or claimant

Nature of debt or claim Amount of estimated value of debt or claim



And I, the said EF, for myself say—

And we, CD and AB, for ourselves say—

1. I did, on 19 , in the manner hereinafter mentioned, serve a true copy of the notice now produced to me and marked “B” upon each of the respective persons whose names, addresses, and descriptions appear in the first column of the list of creditors, marked “A”, referred to in the affidavit of

filed on 19 .2. I served the copies of the said notice by (for example putting such copies duly addressed to such persons according to their respective names and addresses appearing in the said list (being the last known addresses or places of abode of such persons) and with the proper postage stamps affixed thereto as prepaid letters, into the post office in (street) between a.m. and a.m. on

19 ).

3. A true copy of the notice now produced to me, and marked “C”, has appeared in the of 19 , 19 , &c.4. I have, in the document now produced and shown to me and marked “D”, set forth a list of all claims, the particulars of which have been sent in to me pursuant to the said notice “B”, now produced and shown to me by persons claiming to be creditors of the Company for larger amounts than are stated in the list of creditors, marked “A”, referred to in the affidavit of sworn on

19 , (or no person has sent to me pursuant to the said notice “B” a claim to be entered on the said list for a larger sum than in respect of which he is entered in the said list marked “A”.)5. I have, in the document now produced and shown to me, marked “E”, set forth a list of all claims, the particulars of which have been sent to me pursuant to the notice referred to in the third paragraph of this affidavit by persons claiming to be creditors of the Company on 19 , not appearing on the said list of creditors marked “A”, and who claimed to be entered thereon (or no claims have been sent to me pursuant to the notice referred to in paragraph 3 hereof by persons not entered on the said list “A” and claimed to be so entered).

6. We have in the first part of the said document marked “D”, (now produced and shown to us), and also in the first part of the said document marked “E”, (also produced and shown to us), respectively set forth such of the said debts and claims as are admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted by the Company to be due wholly or in part, and how much is admitted to be due in respect of such of the same debts and claims respectively as are not wholly admitted, and such of the same debts and claims as the Company contends are wholly or as to any and what part thereof not included in the enquiry in this matter.



And I, the said CD further say—

EXHIBIT DD

(heading and title.)LIST OF DEBTS AND CLAIMS of which the particulars have been sent toby persons claiming to be creditors of the Company for larger amounts than are stated in thelist of creditors made out by the Company.This document marked “D”, was produced and shown to CD, EF, and AB, respectively, andis the same as is referred to in their affidavit sworn before me on 19 .

XYFirst Part

Debts and claims wholly or partly admitted by the Company

Second Part

7. We have, in the second part of such of the said documents marked “D” and “E”, set forth such of the said debts and claims as are wholly disputed by the Company and such of the same debts and claims as the Company contends would even if admitted be wholly (or as to what part thereof) not included in the enquiry in this matter.

8. All rents, rates, taxes, salaries, wages and other incidental expenses current on 19 and since become due have been paid and

discharged by the Company.

Sworn by (name) at }before me (and so on)

Names and addresses

and description of

creditors

Particulars of debt or

claimAmount claimed

Amount admitted by

the Company to be owing to

creditor

Amounts admitted by the Company to

be owing but which it is

contended are not within the enquiry



Debts and claims wholly disputed by the Company

EXHIBIT EE

(heading and title.)LIST OF DEBTS AND CLAIMS of which the particulars have been sent toby persons claiming to be creditors of the Company and to be entered on the list of thecreditors made out by the Company.This document marked “E” was produced and shown to CD, EF and AB, respectively, and isthe same as is referred to in their affidavit sworn before me on19 .

XYFirst Part

(Same as in Exhibit D.)Second Part

(Same as in Exhibit D.)(Note: names are to be inserted alphabetically.)


Form 130

P 80, r 10.

(Notice to creditors to prove debts.)To (Name and address).You are hereby required to prove the debt claimed by you against the above company byfiling your affidavit in the registry of the Court, Sydney, and serving a copy on theundersigned on or before 19 , and you are to attend before

in at the Supreme Court, Sydney, on 19 , at a.m. being the time appointed for hearing and

adjudicating on the claim, and produce any securities or documents relating to your claim.In default of your complying with the above directions, you will be precluded from objectingto the proposed reduction of the capital of the company (or, in all proceedings relative to theproposed reduction of the capital of the company be treated as a creditor for such amount onlyas is set against your name in the list of creditors).

Names, addresses and descriptions of

claimantsParticulars of claim

Amount

claimed

Amounts which, even if admitted, it is

contended would not be within the enquiry



Dated 19 .

Form 131(Summons under section 184 (3) of the Code.)

P 80, r 12.

SUMMONS UNDER SECTION 184 (3) OF THE COMPANIES (NEW SOUTH WALES) CODE

THE COURT ORDERS that—(name) of (address) shall appear before the Court at (place) on (date) at a.m. and showcause why the document mentioned in the schedule below should not be delivered up andproduced by bringing the said document into the office of (name of Company) at (office ofCompany) within (state the period as ordered) to have the said document cancelled (or as thenotice required) and the transfer of the said document registered (or as ordered).

SCHEDULE(description of document.)

(Complete as in general form of minute or order, Form 51.)

Form 132(Summons claiming winding up order under section 364 (1) of the Code.)

P 80, r 18.

SUMMONSThe plaintiff claims—1. An order that the defendant be wound up under the Companies (New South Wales) Code.2. An order that a liquidator of the defendant be appointed (or where a person is proposedthat (name) be appointed liquidator of the defendant).

Form 133(Note of intention to appear on hearing.)

P 80, r 20.

He intends to appear on the hearing (add, where he intends to support the plaintiff’sapplication and support the plaintiff’s application or where he intends to oppose theplaintiff’s application and oppose the plaintiff’s application). He is a creditor for$ of the Company (or a contributory holding number and class of shares heldshares in the Company).(No date is required.)

(Signed)Solicitor for the Company(address)



(Form 4 is not applicable.)

Form 134

P 80, r 20.

NOTICE RELATING TO PERSONS INTENDING TO APPEAR ON THE HEARINGParticulars relating to persons who have given notice of their intention to appear on thehearing are set out below.

Form 135(Minute of order substituting a plaintiff in a winding up application)

(Title before this order)

P 80, r 21.

ORDERTHE COURT ORDERS that—1. (name) be substituted as plaintiff;2. the substituted plaintiff amends the summons accordingly;3. the substituted plaintiff serve on the defendant personally a minute of this order and

the amended summons;4. the substituted plaintiff publish a notice in accordance with Form 126 and otherwise

comply with the requirements of the rules as if he were the former plaintiff making theapplication made in the summons;

5. the date appointed for hearing be adjourned to (date);6. the costs of the substituted plaintiff of this application be the substituted plaintiff’s

costs of proceedings on the application (or as ordered).(Complete as in general form of minute of order, Form 51.)

Form 135A(Notice to liquidator of appointment)

P 80, r 22A.

Name Address Solicitor

Creditor’s

debt$

Contributory’sshares: number

and class

“Supporting”,“Opposing” or

leave blank



To: (name and address of liquidator).(name and registered office of Company) was wound up by order of the Court on (date) andyou were appointed to be the liquidator. The application for the winding up was filed on (dateon which the summons was filed).

Form 136(Minute of winding up order.)

P 80, r 23.

ORDERTHE COURT ORDERS that—1. the defendant be wound up by the Court under the provisions of the Companies (New

South Wales) Code;2. (name and address) be the liquidator of the defendant;3. (any directions under section 370 (2) (b) of the Code);4. that the plaintiff be at liberty to apply as he may be advised (or as ordered).

(Complete as in general form of minute of order, Form 51.)

Form 136A(Notice to provisional liquidator of appointment)

P 80, r 26.

To: (name and address of provisional liquidator):On: (date) the Court appointed you to be the liquidator of (name and registered office of theCompany) provisionally.

Form 137(Notice of appointment of provisional liquidator.)

(No heading or title.)

P 80, r 26.

NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOROn (date), the Supreme Court appointed (name in capitals, address) to be the liquidator of(name of company in capitals) provisionally.

(name of plaintiff’s solicitor)(address for service)

(No date required.)(Form 4 is not applicable.)

Form 138(No heading or title.)



NOTICE OF WINDING-UP ORDER(Name of Company in capitals.)

P 80, r 28.

On (date) the Supreme Court made an order that the Company be wound up by the Court andappointed me to be liquidator.

Form 139(Certificate of liquidator of resolution of meeting of Committee of Inspection (or creditors

and/or contributories))

P 80, r 33.

(Title)I certify that the document attached hereto and marked “A” is a true copy of the resolution ofa meeting of the Committee of Inspection (creditors and contributories or creditors orcontributories) of the Company held at on (date).Dated .

Form 140(Report.)

P 80, r 36, 52.

REPORT BY LIQUIDATOR (or as the case may be)

1. I, (name and address) am the liquidator (or as the case may be) of (name of Company).(Continue in paragraphs numbered consecutively, each paragraph being asfar as possible confined to a distinct part of the subject matter. For example,where the liquidator makes a report under section 431 (2) of the Code—

2. I was chairman of a meeting of the creditors (or contributories) of the Company heldon (date) at (place).

(name of liquidator)(address)

(No date required.)(Form 4 does not apply.)

(Signature)

Liquidator



3. The meeting was convened by a notice given on (date) and by notice published in the(name of newspaper) on (date) and in the Government Gazette on (date).

4. The meeting was attended, either personally or by proxy, by (number) creditors whoseproofs of debt against the Company were admitted for voting purposes and amountedin all to the value of $ .

or

4. The meeting was attended, either personally or by proxy, by (number) contributorieswho held in all (number) shares in the Company and were entitled respectively by theregulations of the Company to (number) votes.)

5. The proposals submitted to the meeting were (state the proposals).

6. Certify the resolution of the meeting, showing that the voting was unanimous or if not,the (total number and value of creditors, or the total number and voting power ofcontributories, voting for and against each proposal.)

Form 141(Affidavit by special manager verifying his accounts.)

P 80, r 38.

AFFIDAVITOn 19 I (name, address and occupation) say on oath—1. I am the special manager of the property and business (or as the case may be) of the

Company.2. The account of receipts and payments set out above contains a full and true account of

my receipts and payments as special manager from (date) to (date).3. I have not, nor has any other person by my order or for my use, during the period,

received or paid any moneys on account of the Company other than the itemsmentioned in that account.


Dated: (signature)Chairman

Sworn at }before me



Form 142(Requirement by liquidator under section 384 (1) of the Code.)

P 80, r 40.

REQUIREMENT TO PAY MONEY, etc. TO LIQUIDATORTo (name and address):1. I am the liquidator of (name of Company.)2. Pursuant to section 384 (1) of the Companies (New South Wales) Code, I require you

to pay (or deliver, convey, surrender or transfer) to me, forthwith (or not later than(number) days from the date of this requirement) (or such time as the liquidatordirects) $ (or describe the property or books)[or any money, property or books to which the Company is prima facie entitled.

In this requirement—(a) “accounting records” includes invoices, receipts, orders for the payment of money,

bills of exchange, cheques, promissory notes, vouchers and other documents of primeentry and also includes such working papers and other documents as are necessary toexplain the methods and calculations by which accounts are made up;

(b) “books” includes any register or other record of information and any accounts oraccounting records, however compiled, recorded or stored, and also includes anydocument;

(c) a reference to writing shall be construed as including a reference to any mode ofrepresenting or reproducing words, figures or symbols in a visible form;

(d) “printed” includes type-written, lithographed or reproduced by any mechanicalmeans; and

(e) “document” includes—(i) any paper or other material on which there is writing or printing, or on which

there are marks, symbols, or perforations having a meaning for personsqualified to interpret them; and

(ii) a disc, tape or other article from which sounds, images or messages are capableof being reproduced and, without limiting the generality of the foregoing,includes any summons, order and other legal process and any notice;

(f) “property” means any legal or equitable interest (whether present or future andwhether vested or contingent) in real or personal property of any description andincludes things in action].

Dated:(signature)

(name)(address)




Form 143(Notice of meeting of committee of inspection to sanction a call.)

P 80, r 41.

A meeting of the committee of inspection will be held at on (date) at a.m. for the purpose of considering, and if thought fit passing, a

resolution that the making by the liquidator of a call of $ per share on all of thecontributories (or as the case may be) be sanctioned.Dated:

Form 144(Statement with notice of meeting of committee of inspection to sanction a call.)

P 80, r 41.

STATEMENT IN SUPPORT OF PROPOSAL FOR CALL(state the matters required to be stated by Form 148.)

Dated:

Form 145(Notice of meeting of committee of inspection to sanction a call.)

P 80, r 41.

(No heading or title.)I have convened a meeting of the committee of inspection of (name of Company) to be heldat on (date) at a.m. tosanction the making of a call of $ per share on all of thecontributories of the Company (or as the case may be). Any contributory may makerepresentations to me or the members of the committee in writing before, at, or orally at, themeeting. A statement showing the necessity for the making of the call may be obtained fromme.

(name and address of liquidator)

(signature)

Liquidator

(address)

(signature)

Liquidator

(address)



(No date is required.)(Form 4 is not applicable.)

Form 146(Resolution of committee of inspection sanctioning a call.)

P 80, r 41.

Resolved on (date) that the making by the liquidator of a call of $ per share on all ofthe contributories of the Company (or as the case may be) be sanctioned.

(signatures)Members of the Committee of Inspection.

Form 147(Summons for leave to make a call.)

P 80, r 42.

SUMMONSThe plaintiff claims an order—1. under section 389 (2) (a) of the Companies (New South Wales) Code that he be granted

leave (to make a call of $ per share on all of the contributories of theCompany named in column 2 of the schedule below.

2. under section 384 (4) of the Code that each contributory pay into (name of bank) tothe account of the liquidator the amount of the call made on him.

SCHEDULE

Form 148(Affidavit in support of application for leave to make a call.)

P 80, r 42.

Column 1 Column 2 Column 3 Column 4Serial number. Name and

address.In what character

included.Amount due

$



AFFIDAVITOn 19 I (name, address and occupation) say on oath—1. I am the liquidator of the Company.2. The statement annexed hereto marked “A” shows—

(a) the amount due in respect of the debts proved and admitted against theCompany and the estimated amount of the costs, charges and expenses of andincidental to the winding up (which amounts form in the aggregate about$ );

(b) the property of the Company which amounts to about $ .3. There is no other property of the Company (where applicable) except amounts due

from some of the contributories and I believe that these will realise about$ .

4. (number) persons have been settled by me on the list of contributories of the Companyin respect of the total number of shares.

5. To satisfy the debts and liabilities of the Company and the costs, charges, andexpenses of and incidental to its winding-up, I believe $ will berequired in addition to the proceeds of the realization of the profit of the said Companyand the amounts referred to in paragraph 3.

6. To provide $ (as in 5), it is necessary to make a call upon the persons settled onthe list of contributories, and, having regard to the probability that some of suchcontributories will partly or wholly fail to pay the amount of such call, I believe that acall of $ per share should be made.


Form 149(Notice of application for leave to make a call.)

P 80, r 42.

(No heading or title.)An application will be made to the Supreme Court on (date) at

a.m. (or p.m.) at (address of Court) for leave to makea call of $ per share on all of the contributories of the company (or as the case may be).All persons interested are entitled to attend the hearing. A copy of an affidavit showing thenecessity for the call may be obtained from me.

(name and address of liquidator)(No date is required.)(Form 4 is not applicable.)

Sworn at }before me



Form 150(Minute of order giving leave to make a call.)

P 80, r 42.

ORDERTHE COURT ORDERS that—1. leave be given to the liquidator to make a call of $ per share on all of the

contributories (or as the case may be);2. each contributory pay into (name of Bank) to the account of the liquidator the amount

of the call made on him (or as the case may be).(Complete as in general form of minute of order, Form 51.)

Form 151(Notice of amount of call per share.)

P 80, r 43.

Pursuant to the order of the court made (or the resolution of the committee of inspectionpassed) on (date) I will make a call of $ per share on all of the contributories ofthe Company (or as the case may be).Dated:

(signature)Liquidator

Form 152(Notice of call sanctioned by committee of inspection.)

P 80, r 44.

On (date of resolution) the committee of inspection sanctioned the making by me of a call of$ per share on all of the contributories of the Company (or as the case maybe).I call on you accordingly to pay $ to me on or before (date).If you do not pay that sum to me on or before that date, I will claim interest on that sum fromthat date until payment of that sum.

(signature)

Liquidator

Dated:

(name and address)



Form 153(Notice of call permitted by leave of the Court.)

P 80, r 44.

On (date of making of order) the Court granted leave to me to make a call of $ per shareon all of the contributories of the Company (or as the case may be) and to pay the amount ofthe call into (bank named in the order) to my account. I call on you accordingly to pay$ into (bank) to my account on or before (date).If you do not so pay the sum on or before that date, I will claim interest on that sum from thatdate until payment of that sum.Dated:

Form 154(Minute of order under section 541 (3) of the Code for examination.)

P 80, r 63.

ORDERTHE COURT ORDERS that—1. (name) (address) attend before the Court at a time and place appointed by the registrar

and from day to day until the conclusion of his examination, to be examined in publicon oath or affirmation on any matters relating to the promotion, formation,management, administration or winding up of the Company and produce any books inhis possession or under his control relevant to those matters;

2. (any directions under section 541 (5) of the Code).3. the questions put to him and the answers given by him be recorded in writing;4. subject to any further order of the Court, the plaintiff be paid or retain out of the

property of the Company his costs of this application and the examination.(or as ordered).

(Complete as in general form of minute of order, Form 51.)(There may be added to a minute of the above order—

APPOINTMENT FOR HEARINGI appoint (date) at 10 a.m. at (address of Court) for the examination (or as appointed).

(signature)

Liquidator

(name and address)

(Signature)

Registrar



Form 154A(Summons under section 596A or 596B of the Corporations Law)

SUMMONS TO ATTEND FOR EXAMINATION UNDER SECTION 596A (OR 596B) OF THE CORPORATIONS LAW

P 80, r 1D (2).

SCHEDULE(if applicable)

(description of books)Dated: 19

To: (Name)(Address)

1. You are required to attend before the Court at the time and place appointed by the Registrar and specified below, to be examined on oath or affirmation about the examinable affairs (as defined in the Corporations Law) of (name of corporation) (“the Corporation”).

2. Section 597 (6) of the Corporations Law provides that a person who is summoned under section 596A or section 596B to attend before the Court shall not, without reasonable excuse—(a) fail to attend as required by the summons; or(b) fail to attend from day to day until the conclusion of the examination.

3. (If applicable) You are also required to produce at the examination the books (as defined in the Corporations Law) specified in the Schedule below that—(a) are in your possession or custody or under your control; and(b) relate to the Corporation or to any of its examinable affairs.

4. (If applicable) Section 597 (7) of the Corporations Law provides that a person who attends before the Court for examination must not—(a) without reasonable excuse, refuse or fail to take an oath or make an

affirmation; or(b) without reasonable excuse, refuse or fail to answer a question that the

Court directs him or her to answer; or(c) make a statement that is false or misleading in a material particular; or(d) without reasonable excuse, refuse or fail to produce books that the

summons requires him or her to produce.

By the Court



APPOINTMENTI appoint (date) at (time) at (address of Court) for the examination.

Form 154BA

P 80A, r 4.

SUMMONS UNDER SECTION 1092 (3) OF THE CORPORATIONS LAWTHE COURT ORDERS that:(name) of (address) shall appear before the Court at (place) on (date) at a.m. and showcause why the document mentioned in the Schedule below should not be delivered up andproduced by bringing the said document into the office of (name of company) at (office of thecompany) within (state the period as ordered) to have the said document cancelled (or as thenotice required) and the transfer of the said document registered (or as ordered).

SCHEDULE(Description of document)

(Complete as in general form of minute or order, Form 51.)

Form 154B(Notice of Application under ss. 246D (5), 254E (1), 411 (4) (b) and (6), 413 (1), 459A, 461,

601FP or 601ND (1))

P 80A, r 10 (5).


(Name of Company in capitals)A.C.N. (specify Australian Company Number of Company)

(Name of applicant) will apply to the Supreme Court of New South Wales at (time) on (date)at (address of Court) for an order (describe order using appropriate description hereunder)validating an issue of shares (or confirming the terms of an issue of shares) in the capital of(name of Company) under section 254E;

orsetting aside a modification of the constitution of (name of Company) under section 246D;

orsetting aside a variation or cancellation of rights of members of (name of Company) undersection 246D;

Registrar(or as the case may be)

(Signature)Registrar



orapproving a compromise or arrangement by (name of Company) with its creditors ormembers, or a class of creditors or members, under section 411 (4) and (6);

orthat (name of Company) be wound up in insolvency under section 459A;

orthat (name of Company) be wound up on the ground of (specify ground) under section 461;

orthat (name of proposed temporary responsible entity) be appointed as the temporaryresponsible entity of (specify scheme) under section 601FP;

orthat (name of responsible entity) wind up (specify registered scheme) under section 601ND(1);

or(state other order sought).Any person intending to appear at the hearing must file a notice of appearance in theprescribed form and serve that notice on the applicant at its address for service shown belownot later than (specify the date by reference to Part 80A rule 9 (1)).

(name of applicant’s solicitor)(address for service)

(no date is required)(Form 4 does not apply)

Forms 154C–154E(Repealed)

Form 154FA

P 80A, r 15.

(No heading or title)(name of creditor)

Creditor(name of company)

DebtorAFFIDAVIT UNDER SECTION 459E OF THE CORPORATIONS LAW

On (date), I, (name, address and occupation) say on oath:1 (Set out the matters referred to in paragraph (b) of Part 80A, rule 15 (1)).2 I believe that the amount of $ , being the debt (or the total of the amounts

of the debts) specified in the accompanying demand, is due and payable by the debtorto the creditor.

3 (Set out the matters referred to in paragraph (c) of Part 80A, rule 15 (1)).



4 I believe that there is no genuine dispute about the existence or amount of the debt (ordebts) referred to in paragraph 2.

[IMPORTANT NOTE:(1) This affidavit accompanies a statutory demand under section 459E of the

Corporations Law.(2) No proceedings (or, if applicable, no winding up proceedings) have been commenced

in respect of any debt to which this affidavit relates.(3) Any questions relating to this affidavit or any debt to which it relates should be

directed either to the person named as creditor or the creditor’s solicitors.]

Form 154FB

P 80A, r 16.

AFFIDAVIT VERIFYING DEBT UNDER SECTION 459Q OF THE CORPORATIONS LAW

On (date), I, (name, address and occupation) say on oath:1 (Set out the matters referred to in paragraph (c) of Part 80A, rule 16 (1))2 I believe that the amount of $ , being the debt (or the total of the amounts

of the debts) specified in the statutory demand served on the defendant, is due andpayable by the defendant to the plaintiff.

3 (Set out the matters referred to in paragraph (d) of Part 80A, rule 16 (1))4 I believe that there is no genuine dispute about the existence or amount of the debt (or

debts) referred to in paragraph 2.5 The defendant has failed to pay the said amount to the plaintiff or to secure or

compound for that amount to the reasonable satisfaction of the plaintiff.

Form 154F

P 80A, r 20 (1) (a) (i).

NOTICE TO LIQUIDATOR (or PROVISIONAL LIQUIDATOR) OF APPOINTMENTTo: (name and address of liquidator or provisional liquidator)(if liquidator was appointed, add:

Sworn at }before me

Sworn at }before me



(Name and registered office of Company) was wound up by order of the Supreme Court ofNew South Wales on (date) and you were appointed to be the liquidator. The application forthe winding up was filed on (date on which the summons was filed).)(if provisional liquidator was appointed, add:By order of the Court on (date) you were appointed to be provisional liquidator of (name andregistered office of Company).)

Form 154G

P 80A, r 20 (1) (b).

(No heading or title)NOTICE OF WINDING UP ORDER AND APPOINTMENT OF LIQUIDATOR


On (date) the Supreme Court of New South Wales made an order that the Company be woundup by the Court and appointed me to be liquidator.

(No date required)(Form 4 does not apply)

Form 154H

P 80A, r 20 (1) (b).

(No heading or title)NOTICE OF APPOINTMENT OF PROVISIONAL LIQUIDATOR


On (date) the Supreme Court of New South Wales appointed me to be provisional liquidatorof the Company.

(No date required)(Form 4 does not apply)

Form 154I

P 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b).

(name of liquidator)(address)

(name of provisional liquidator)(address)



(No heading or title)NOTICE OF INTENTION OF LIQUIDATOR (or PROVISIONAL LIQUIDATOR or

RECEIVER or ADMINISTRATOR or SPECIAL MANAGER) TO APPLY FOR DETERMINATION OF REMUNERATION


To: (name and address of person to whom notice is given)I, (name and address), the liquidator (or provisional liquidator or receiver or administratoror special manager) of the abovenamed Company, will, not earlier than 21 days after serviceon you of this notice and the accompanying affidavit, seek a determination by the Court ofmy remuneration.If you object to my application, you should, within 21 days after service of this notice, serveon me a notice of objection stating the grounds of objection to the remuneration claimed. Youwill then be entitled to receive notice of the time and place of hearing of the application.Dated (date)

(Form 4 does not apply)

Form 154J(Report)

P 80A, rr 25, 31.

REPORT BY LIQUIDATOR (or as the case may be)

1. I, (name and address) am the liquidator (or as the case may be) of (name of Company).(Continue in paragraphs numbered consecutively, each paragraph being asfar as possible confined to a distinct part of the subject matter. For example,where the liquidator makes a report under section 547 (1) of the CorporationsLaw:

2. I was chairman of a meeting of the creditors (or contributories) of the Company heldon (date) at (place).

3. The meeting was convened by a notice given on (date) and by notice published in the(name of newspaper) on (date) and in the Commonwealth of Australia Gazette on(date).

(signature)liquidator (or provisional liquidator or

receiver or administrator or special manager)



4. The meeting was attended, either personally or by proxy, by (number) creditors whoseproofs of debt against the Company were admitted for voting purposes and amountedin all to the value of $

or

4. The meeting was attended, either personally or by proxy, by (number) contributorieswho held in all (number) shares in the Company and were entitled respectively by theregulations of the Company to (number) votes.

5. The proposals submitted to the meeting were (state the proposals).

6. (Certify the resolution of the meeting, showing that if the voting was unanimous of, ifnot, the total number and value of creditors, or the total number in voting power ofcontributories, voting for and against each proposal.)

Dated:

Form 154K(Affidavit by special manager verifying his accounts.)

P 80A, r 27.

AFFIDAVITOn 19 I (name, address and occupation) say on oath:1. I am the special manager of the property and business (or as the case may be) of the

Company.2. The account of receipts and payments set out above contains a full and true account of

my receipts and payments as special manager from (date) to (date).3. I have not, nor has any other person by my order or for my use, during the period,

received or paid any moneys on account of the Company other than the itemsmentioned in that account.


Form 154L

P 80A, r 33 (3) (a) (i).

(signature)Chairman

SWORN at }before me



NOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASETo: (name and address of creditor or contributory)I, (name and address of liquidator), the liquidator of the above Company, intend to apply tothe Supreme Court of New South Wales for a release as liquidator of the Company (ifapplicable, add and that the company be dissolved).If you object to the grant of my release, you must, within 21 days of publication in theCommonwealth of Australia Gazette of my notice of intention to apply for a grant of release,deliver to me a notice of objection stating the grounds of objection.(NOTE: Section 481 (3) of the Corporations Law provides that an order of the Court releasing theliquidator discharges him or her from all liability in respect of any act done or default made by him or herin the administration of the affairs of the Company or otherwise in relation to his or her conduct asliquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression orconcealment of any material fact.)

Dated: (date)(Form 4 does not apply)

Form 154M

P 80A, r 33 (3) (b).

(No heading or title)NOTICE OF INTENTION OF LIQUIDATOR TO SEEK RELEASE


I, (name and address of liquidator), the liquidator of the above company, intend to apply tothe Supreme Court of New South Wales for a release as liquidator of the Company (ifapplicable, add and that the company be dissolved).Any creditor or contributory who wishes to object to the grant of my release may, within 21days of publication of this notice, deliver to me a notice of objection stating the grounds ofobjection.(NOTE: Section 481 (3) of the Corporations Law provides that an order of the Court releasing theliquidator discharges him or her from all liability in respect of any act done or default made by him or herin the administration of the affairs of the Company or otherwise in relation to his or her conduct asliquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression orconcealment of any material fact.)

(No date is required)(Form 4 does not apply)

Form 154N

P 80A, r 36 (6).

SUMMONS TO ATTEND FOR EXAMINATIONUNDER SECTION 596A (or 596B) OF THE CORPORATIONS LAW



1. You are required to attend before the Court at the time and place appointed by theRegistrar and specified below, to be examined on oath or affirmation about theexaminable affairs (as defined in the Corporations Law) of (name of corporation)(“the Corporation”).

2. Section 597 (6) of the Corporations Law provides that a person who is summonedunder section 596A or section 596B to attend before the Court shall not, withoutreasonable excuse:(a) fail to attend as required by the summons; or(b) fail to attend from day to day until the conclusion of the examination.

3. (If applicable) You are also required to produce at the examination the books (asdefined in the Corporations Law) specified in the Schedule below that:(a) are in your possession or custody or under your control; and(b) relate to the Corporation or to any of its examinable affairs.

4. (If applicable) Section 597 (7) of the Corporations Law provides that a person whoattends before the Court for examination must not:(a) without reasonable excuse, refuse or fail to take an oath or make an affirmation;

or(b) without reasonable excuse, refuse or fail to answer a question that the Court

directs him or her to answer; or(c) make a statement that is false or misleading in a material particular; or(d) without reasonable excuse, refuse or fail to produce books that the summons

requires him or her to produce.SCHEDULE(if applicable)

(description of books)Dated: 19

Forms 155, 156(Repealed)

To: (Name)(Address)

By the CourtRegistrar(or as the case may be)



Form 157

P 82, rr 9, 7 (4).

OATH OF OFFICEI, (name) of (address and occupation) do swear that if I am appointed as a public notary bythe Supreme Court of New South Wales I will truly and honestly conduct myself in thepractice of a public notary in New South Wales according to the best of my knowledge, skilland ability.

(Signature of person taking oath)CERTIFICATE

I, (name) of (address), certify that I duly administered the above oath on (date) at (place).(date).................................................................................

(Signature of a person administering oath).................................................................................

(Office of person administering oath)

Form 158

P 1, r 9A (1A)

CERTIFICATION UNDER SECTION 198L OF THE LEGAL PROFESSION ACT 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of factsprovable on the material available to me to date and a reasonably arguable view of the lawthat this claim for damages (or, as the case may be, this defence/this cross-claim/this defenceto cross-claim) has reasonable prospects of success.


Forms 159, 160(Repealed)

Form 161

P 84, r 1

APPLICATION FOR DIRECTION TO PAROLE AUTHORITYTo the Registrar:Date:I, (full name), apply to the Court for a direction to be given to the Parole Authority that theinformation on which the Authority on (date) based its decision:



*(a) under section 141/149/150* of the Crimes (Administration of Sentences) Act 1999 thatI should not be released on parole was false/misleading/irrelevant*.

*(b) under section 130/163/167/170 (1)* of the Crimes (Administration of Sentences) Act1999 to revoke the parole order/periodic detention order/home detention order*relating to me was false/misleading/irrelevant*.

The information that I believe was false/misleading/irrelevant* is set out on page 2 of thisapplication.* Strike out any words that are not applicable.

(signed)†Applicant

† This application must be signed by the applicant and, if the applicant cannot write, theapplicant’s mark must be attested by a witness whose name and address must be given.The applicant must answer the following question:Do you desire to appear in person at the hearing or determination of your application?If the answer is “yes”, the applicant must state the grounds on which the applicant believeshe or she should be allowed to do so.

(Page 2 of application)The following information was false:*The following information was misleading:*The following information was irrelevant:** Strike out any words that are not applicable.

Form 162

P 84, r 2

APPLICATION BY STATE FOR DIRECTION TO PAROLE AUTHORITYTo the Registrar:Date:The Attorney General/The Director of Public Prosecutions* applies to the Court for adirection to be given to the Parole Authority that the information on which the Authority on(date) based its decision under section (number of appropriate section) of the Crimes(Administration of Sentences) Act 1999:*(a) that (name of offender) should be released on parole was false/misleading/irrelevant*.*(b) not to revoke the parole order relating to (name of offender) was

false/misleading/irrelevant.*The information that I believe was false/misleading/irrelevant* is set out on page 2 of thisapplication.* Strike out any words that are not applicable.(signed)

Applicant(Page 2 of application)

The following information was false:*



The following information was misleading:*The following information was irrelevant:** Strike out any words that are not applicable.

Index of Forms1. First page of a document (See P 65, r 1).2. } Heading and title (See P 65, r 1).

3. }

4. Conclusion of documents for use by a party.5. Statement of Claim (P 4, r 1).6. Summons (P 5, r 4A).7. (Repealed)

8. Appointment for hearing (P 5, r 5).9. Defence and cross-claim (P 6, r 13).10. Cross-claim (pleaded) (P 6, r 13).11. (Repealed)

11A. Cross-claim against plaintiff in summons (P 6, r 16 (1)).11B. (Repealed)

12. Notice of payment (P 7, r 4).13. Notice of claim for possession (P 7, r 8).13A. Notice to defendant served outside Australia (P 10, r 2A).14. Request for special service (P 10, r 8 (a) (v)).15. Request for service (P 10, r 10).16. Notice of Appearance (P 11, r 4).17. Defence (P 15, r 3).18. Reply (P 15, r 4).19. Reply and defence to cross-claim (P 15, r 4 (2)).20. Notice to plead facts (P 15, r 12 (3)).20A. Affidavit verifying statements of claim (P 15, r 23).20B. Affidavit verifying defence (P 15, r 23).20C. Affidavit of debt (P 17, r 4 (2))21. Notice to admit facts and authenticity of documents (P 18, rr 2, 5).



22. Notice disputing facts and authenticity of documents (P 18, rr 2, 5).23. Notice of Motion (P 19, r 2).24. Notice of amendments (P 20, r 7).25–30A. (Repealed)

31. Notice for discovery (P 23, r 1).32. List of documents (P 23, r 6).33. Notice to answer interrogatories (P 24, r 6).34. Statement in answer to interrogatories (P 24, r 6).35. Verified statement in answer to interrogatories (P 24, r 6).36. (Repealed)

37. Notice of motion for directions (P 26, r 2).38. Minutes of Order for examination (P 27, r 1D).39. Minutes of Order appointing examiner (P 27, r 1D).40. Minutes of Order to send letter of request (P 27, r 1).41. Receiver’s deed of security (P 29, r 2).41A, 41B. (Repealed)

42. Notice to set down for trial (P 33, r 5).43. Requisition for trial with a jury (P 34, r 3).43A. Order for Production (P 36, r 12).44. Minutes of order (inmate a witness) (P 36, r 14).45. Notice to produce (P 36, r 16).45A. Subpoena for production for service in New Zealand (P 36A r 3 (5))45B. Subpoena to a corporation for production and for its proper officer to answer

questions concerning possession, etc of documents for service in New Zealand (P 36A r 3 (5)).

45C. Subpoena for production of original or photocopies of medical records for service in New Zealand (P 36A r 3 (5)).

45D. Subpoena to give evidence for service in New Zealand (P 36A r 3 (5)).45E. Subpoena for production and to give evidence for service in New Zealand (P

36A r 3 (5)).45F. Certificate of non-compliance with subpoena (P 36A, r 5 (1)).45G. Objection to determination without hearing (P 36A r 6 (7)).45H. Request for hearing by video link or telephone (P 36A r 6 (8)).



46. Subpoena (P 37, r 3).46A–48. (Repealed)

49. Affidavit (P 38, r 2).50. Minute of judgment (P 41, r 10) and particular judgments.51. Minute of order (P 41, r 11).51A. Certificate under section 13 of the Foreign Judgments (Reciprocal

Enforcement) Act 1973 (P 41, r 15A (2)).52. Writ of possession (and for levy of property) (P 42, r 4).53. Writ of specific delivery (P 42, r 5).54. Writ of delivery (P 42, r 5).55. Notice to corporation and officer before sequestration or committal (P 4, r 8

(3)).56. Minute of order (examination as to debts) (P 43, r 1).57. Writ for levy of property (P 45, r 2).57A. Notice to judgment debtor of intention to sell land (P 45, r 9 (2)).57B. Memorandum to be endorsed on notice of sale for service on judgment

debtor. (P45, r 12).58. Garnishment notice (P 46, r, 3).59–62AA1.

(Repealed)

62AAA. Items, etc in a bill of costs (P 52, r 49 (1)).62AB. Undertaking to pay disbursement (P 52, r 49 (3A)).62AC. Notice to file objections to bill of costs (P 52, r 50A (3)).62AD. Notice of objection to a bill (P 52, r 50A (5)).62AE. Certificate of taxation (P 52, r 50A (7)).62B. Request for appointment for hearing before taxing officer (P 52, r 50 (4) (ii)).63. Certificate of taxation (P 52, r 59).64. Statement of objection (to item of costs disallowed) (P 52, r 60).64A. Request for taxation or moderation (P 52, r 68 (8)).64B. Security for costs (P 53, r 3).65. Warrant for arrest (P 55, r 10).66. Warrant for committal (P 55, r 13).67. Notice of claim to Sheriff (interpleader) (P 56, r 5).



68. Minute of order (registration of judgment) (P 59, r 4).69. Notice of registration of judgment (P 59, r 6).69A, 69B. (Repealed)

70. Notice of Appeal from associate Judge (P 60, r 11 (1)).(The form prescribed under Pt 65 r 1 is Form 1).

70AA. Oath of office (P 65C, rr 3 (4), 4 (4)).70A. Notice of intention to cease acting as solicitor (P 66, r 7 (2)).71. Writ of Habeas Corpus (s 69 (2)).71A, 71B. } (Repealed)

71C. Arbitrator’s award and Registrar’s notice to parties (P 72B, r 3 (1)).71D. Arbitrator’s reasons for award (P 72B, r 3 (2)).71E. Application for rehearing (P 72B, r 5 (1)).72–74. (Repealed)

74AA. Subpoena to a natural person: criminal proceedings (P 75, r 2 (q)).74AB. Subpoena to a corporation for production and for its proper officer to answer

questions concerning possession etc of documents: criminal proceedings (P 75, r 2 (q)).

74AC. Subpoena to give evidence: criminal proceedings (P 75, r 2 (q)).74AD. Subpoena for production and to give evidence: criminal proceedings (P 75, r

2 (q)).74AE. Form of indictment (P 75, r 3D (1)).74AF. Application to the Supreme Court or the Court of Criminal Appeal for

variation of bail (P 75, r 3E (c)).74AG. Application to the Supreme Court or the Court of Criminal Appeal for bail (P

75, r 3E (d)).74AH. Acceptable person—Information form (P 75, r 3F).74AHA. Objection to confirmation of forfeiture order by the Supreme Court or the

Court of Criminal Appeal (p 75, r 3FA).74AHB. Application to set aside forfeiture order by the Supreme Court or the Court of

Criminal Appeal (P 75, r 3FB).74AI. Application to the Supreme Court for an order that the hearing of an

application in relation to bail be not conducted by video link (P 75, r 3G).74AJ. Election under s 132 (1) of the Criminal Procedure Act 1986 (P 75, r 3H (1)).



74AK. Election under s 132 (5) of the Criminal Procedure Act 1986 (P 75, r 3H (1)).74A. Summons: Part 5 of Chapter 4 of the Criminal Procedure Act 1986 (P 75, r

7).74B. Minute of order: s 246 (1) (a), Criminal Procedure Act 1986 (P 75, r 8).74C. Minute of order: s 246 (1) (b), Criminal Procedure Act 1986 (P 75, r 8).74D–89. (Repealed)

89A. Minute of order under section 21 (2) of the Status of Children Act 1996 (P 77, r 38).

89B. Notice of claim for provision under the Family Provision Act 1982 (P 77, r 63).

89C. (Repealed)

89D. Defendant’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A).

89E. Prosecution’s notice under s 31 (5) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87A).

89F. Notice under 44 (2) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87B).

89G. Certificate under section 85 (1) of the Confiscation of Proceeds of Crime Act 1989 (P 77, r 87G).

89E. Notice under s 24 of the Crimes (Confiscation of Profits) Act 1985 (P 77, r 86).

89H. Order under s 3 (1) of the Restricted Premises Act 1943 (P 77, r 91).89I. Order under s 4 (1) or 14 (3) of the Restricted Premises Act 1943 (P 77, r 91).89J. Notice of declaration under s 5 (1) of the Restricted Premises Act 1943 (P 77,

r 91).89K. Notice of rescission under s 5 (1) of the Restricted Premises Act 1943 (P 77,

r 91).89L. Certificate under s 77F of the Victims Compensation Act 1996 (P 77, r

137A).90. Summons for probate, administration or resealing (P 77, r 8).91. Notice of intended application for probate (P 78, r 10).92. Notice of intended application for administration (P 78, r 10).92A. Notice of intended application for administration under s 41A of the Probate

Act (P 78, r 10).93. Notice of intended application for resealing (P 77, r 10).94. Renunciation of probate (P 78, r 14).



95. Affidavit of attesting witness (P 78, r 15).96. Inventory of Property (Forms 97, 98, 104, 106).97. Affidavit of executor (P 78, r 24).98. Affidavit of applicant for administration (P 78, rr 24A (1) (a), 25 (1) (a), 25A

(2) (a)).98A. Affidavit showing deceased had no de facto spouse (P 78, r 24A (2) (c)).99. Affidavit showing deceased had no de facto spouse (P 78, r 25 (2) (f)).99A– 100B.

(Repealed)

101. Consent to administration (P 78, rr 24A, 25, 25A).102. Administration bond (P 78, rr 24A, 25, 26).103. Affidavit of surety (P 78, rr 24A, 25, 25A, 26, 34).103A. Affidavit relating to de facto relationship (P 78, r 25A (2) (e)).103AA. Affidavit relating to de facto relationships (P 78, r 25A (2) (d)).103B. Notice where the deceased leaves a de facto wife or de facto husband (P 78, r

25A (3) (b) (iv)).104. Affidavit of applicant for administration with the will annexed (P 78, r 26).105. Renunciation in favour of Public Trustee (P 78, r 26).105A. Affidavit of applicant for administration for the purposes of the Family

Provision Act 1982 (P 78, r 26A).106. Affidavit of applicant for resealing (P 78, r 28).106A. Affidavit of additional assets (P 78, r 28A).106B. Consent to distribution of gift (P 78, r 34A).106CA. Consent to order (P 78, r 34A (1A)).106C. Notice of intention to distribute estate (P 78, r 34D).106D. Consent by affected person (P 78, r 34E (1)).106E. Notice to affected person (P 78, r 34E (1)).106F. Notice to affected person (P 78, r 34E (3)).107. (Repealed)

108. Request for issue of citation (P 78, rr 46, 54).109. Citation to pray for administration (P 78, r 51).110. Answer to citation to pray for administration (P 78, r 51).111. Citation to take probate (P 78, r 52).



112. Answer to citation to take probate (P 78, r 52).113. Citation to see proceedings (P 78, r 53).114. Caveat in respect of grant of probate or proof of will (P 78, rr 61, 62, 62A).Form 115 Notice of withdrawal of caveat (P 78, r 64).115A. (Repealed)

116. Notice of filing of accounts (P 78, r 76).116A. Notice of Intended Objection to Accounts or Commission or Accounts and

Commission (P 78, r 77A).117. Acknowledgment under s 83 of the Probate Act (P 78, r 80).118. Notice of appointment of executor or administrator (P 78, r 90).119. Deed of appointment of executor or administrator (P 78, r 90).120. Notice of objection to appointment of executor or administrator (P 78, r 90).121. Notice of intended distribution of an estate under s 92 of the Probate Act, s

11 of the Testator’s Family Maintenance etc Act, and s 35 of the Family Provision Act (P 78, r 91, and P 77, rr 31, 69).

121A. (Repealed)

122. Petition: Parliamentary Electorates etc Act 1912 (P 79, r 8).123. Notice of filing petition: Parliamentary Electorates etc Act 1912 (P 79, r 9).124. Notice of reference: Parliamentary Electorates etc Act 1912 (P 79, r 31).125. Notice of application for reduction of capital and of list of creditors (P 80, r

9).126. Notice of application under ss 123 (5), 320 and 363 (1) of the Code (P 80, rr

9, 10, 18).127. Affidavit verifying list of creditors (P 80, r 10).128. Notice to creditors (P 80, r 10).129. Affidavit as to claims (P 80, r 10).130. Notice to creditors to prove debts (P 80, r 10).131. Summons under s 184 (3) of the Code (P 80, r 12).132. Summons claiming winding up order under the Code (P 80, r 18).133. Note of intention to appear on hearing (P 80, r 20).134. Notice relating to persons intending to appear on hearing (P 80, r 20).135. Minute of order substituting plaintiff in a winding up application (P 80, r 21).135A. Notice to liquidator of appointment (P 80, r 22A).



136. Minute of winding up order (P 80, r 23).136A. Notice to provisional liquidator of appointment (P 80, r 26).137. Notice of appointment of provisional liquidator (P 80, r 26).138. Notice of winding up order (P 80, r 28).139. Certificate of liquidator of resolution of meeting (P 80, r 33).140. Report (P 80, rr 36, 52).141. Affidavit by special manager (P 80, r 38).142. Requirement by liquidator under s 384 (1) of the Code (P 80, r 40).143. Notice of meeting of committee of inspection: calls (P 80, r 41).144. Statement with notice of meeting of committee of inspection: calls (P 80, r

41).145. Notice of meeting of committee of inspection: calls (P 80, r 41).146. Resolution of committee of inspection: calls (P 80, r 41).147. Summons for leave to make a call (P 80, r 42).148. Affidavit: leave to make a call (P 80, r 42).149. Notice of application for leave to make a call (P 80, r 42).150. Minute of order: leave to make a call (P 80, r 42).151. Notice of amount of call per share (P 80, r 43).152. Notice of call sanctioned by committee of inspection (P 80, r 44).153. Notice of call permitted by leave of the Court (P 80, r 44).154. Minute of order under s 541 (3) of the Code for examination (P 80, r 63).154A. Summons under section 596A or 596B of the Corporations Law (P 80, r 1D

(2)).154BA. Summons under section 1092 (3) of the Corporations Law (P 80A, r 4).154B. Notice of application under ss 167 (7), 168 (4), 172 (10), 190 (3), 194 (1),

195 (5), 197 (6), 198 (6), 411 (4) (b) and (6), 413 (1), 459A, or 461 of the Corporations Law (P 80A, r 10 (5)).

154C. Notice of application for reduction of capital and of list of creditors (P 80A, r 13 (5) (a)).

154D. Notice to creditors (P 80A, r 13 (5) (b)).154E. Affidavit verifying list of creditors (P 80A, r 13 (7)).154FA. Affidavit under s 459E of the Corporations Law (P 80A, r 15).154FB. Affidavit under s 459Q of the Corporations Law (P 80A, r 16).



154F. Notice to liquidator (or provisional liquidator) of appointment (P 80A, r 20 (1) (a) (i)).

154G. Notice of winding up order and appointment of liquidator (P 80A, r 20 (1) (b)).

154H. Notice of appointment of provisional liquidator (P 80A, r 20 (1) (b)).154I. Notice of intention of liquidator (or provisional liquidator or receiver or

administrator or special manager) to apply for determination of remuneration (P 80A, rr 13A (1), 13B (1) (b), 13C (1), 22 (2), 23 (2) (b)).

154J. Report by liquidator (or as the case may be) (P 80A, rr 25, 31).154K. Affidavit by special manager verifying his accounts (P 80A, r 27).154L. Notice of intention of liquidator to seek release (P 80A, r 33 (3) (a) (i)).154M. Notice of intention of liquidator to seek release (P 80A, r 33 (3) (b)).154N. Summons to attend for examination under section 596A (or 596B) of the

Corporations Law (P 80A, r 36 (6)).155, 156. (Repealed)

157. Oath of office (P 82, rr 9, 7 (4)).158. Certification under section 198L of the Legal Profession Act 1987.159–160. (Repealed)


Supreme Court Rules 1970 Schedule G

Schedule G CostsP 52, rr 67, 68.

Table 1 General

Appendix AStatement of claim etc—

$1. Drawing statement of claim 9.50

or per folio 1.60

2. Drawing summons 9.50or per folio 1.60

3. Drawing and attending to obtain—

(a) a subpoena to give evidence, including copy for service 6.50and for each additional witness 1.00

(b) a subpoena for production or for production and to give evidence, including copy for service 6.50and per folio, for each folio excluding printed matter beyond three 1.60

4. Writs of execution or other writs, including drawing and engrossing and all endorsements and copies for service and attending to issue 9.25

Service

5. Service or attempted service by a solicitor or his employee or filing in lieu of service, where service by post is not authorised 3.75

6. If at a distance beyond 3 kilometres from the nearest place of business of the solicitor serving a document, at the Scale under section 9 of the Sheriff Act 1900, except in special circumstances.

7. Where a service by post or by leaving a copy of a document in an exchange box or at a document exchange under Part 9 rule 4 (1) (d) or by transmitting information in a document to a facsimile transmission number under Part 9 rule 4 (1) (e) is authorised 2.25

8. Service by persons other than those specified in items 5, 6 and 7, discretionary, but not exceeding the amount payable under those items.

Appearances


Supreme Court Rules 1970Schedule G

9. Preparing and filing notice of appearance (including copy for service) 5.75

10. If entered at the one time for more than one person, for every defendant beyond the first 0.50

Preparing for hearing

11. (Repealed)

Drawing

12. Any document where no other provision is made, per folio or part 1.60

Copies

13. Of any document, where no other provision is made—

(a) typed or written, per folio 0.50

(b) printed or carbon, per folio 0.25

(c) photographed, per page, discretionary.

Perusal

14. Of any document where no other provision is made, per folio 0.50or per hour 15.00

Attendance

15. To file any document where not elsewhere included, to lodge any document for, or to pick up after signature, or any other attendance involving analogous work or any formal attendance 1.75

16. To file or lodge any document which requires an appointment to be signed by a clerk in the registry or to get any consent order signed 2.25

17. To settle any minute of order or judgment or obtain signature of a judge, associate Judge or officer of the Court to an order which is not consented to 3.75or per hour 15.00

18. To search the list or for appearance or other document 1.7519. To pay money into Court (including filing any necessary

document), or to bespeak payment out (including receiving cheque) 3.7520. To obtain consent of tutor 3.7521. To obtain or give any consent or undertaking 3.75

or if by telephone 1.75

$



22. To produce documents for inspection 3.75or if personal supervision necessary, per hour 15.00

or if unqualified clerk attends, discretionary.

23. To inspect documents 7.50or per hour 15.00


Any necessary clerical assistance, per hour 3.75

24. To examine and sign admissions 5.50or per folio 1.25

25. For collating necessary material for appeal papers; attendances on the printer, examining and general oversight of their proper preparation 11.00or per hour 15.00

26. On deponent to swear an affidavit or for a solicitor or his clerk to swear an affidavit or such additional amount as the taxing officer thinks fit 3.75

27. To mark annexure 0.2528. On counsel to deliver brief 1.7529. On counsel to appoint conference or consultation 1.7530. On conference or consultation with counsel, per hour 15.00


31. In Court instructing counsel on any hearing, per hour 15.00or if unqualified clerk attends, discretionary.

32. For any short attendance in Court without counsel 7.5033. For any other attendance in Court on any hearing without counsel or

for any attendance by a solicitor which involves a high degree of skill and responsibility, per hour 22.00or such additional amount as the taxing officer thinks fit.

34. Clerk’s attendance, if in the opinion of the taxing officer, his attendance was reasonably necessary in view of the number of witnesses expected to be called on any day, per day 15.00

35. To hear reserved judgment 7.50

$



or per hour 15.00


36. To tax a bill of costs 5.50or per hour 15.00


37. To bespeak and obtain a transcript copy of evidence, judgment, copy of the jury panel or any other necessary document 3.75

38. Any telephone attendance 1.75or such additional amount as the taxing officer thinks fit.

39. Attendance where no other provision is made 3.75or per hour 15.00


Travelling and Waiting

40. For each day of not less than six hours employed in travelling or in waiting (plus reasonable travelling expenses and sustenance) 90.00Where less time than six hours is so employed, per hour 15.00

or for an unqualified clerk, discretionary.

Letters

40A. Where no other provision is made—

(a) ordinary 2.75

(b) short formal 1.75

(c) circular after the first 0.75

(d) others discretionary.

41. Skill, care and responsibility, discretionary.

Companies Act 1961 and Companies (New South Wales) Code—

Winding up proceedings

41A. For work done for the applicant in proceedings in a winding up by the Court under the Companies Act 1961 or Companies (New South Wales) Code—

$



Appendix B Business Done After 8February 1974

In respect of business done after 8 February 1974, and on or before 1 August 1975,the costs in Appendix A shall be increased by 36 per cent.

Appendix C Business Done After 1August 1975

In respect of business done after 1 August 1975 and on or before 23 September 1977the costs in Appendix A shall be increased by 80 per cent.

Appendix D Business Done After 23September 1977

In respect of business done after 23 September 1977 and on or before 31 October1980 the costs in Appendix A shall be increased by 110 per cent.

Appendix E Business done after 31October 1980

In respect of business done after 31 October 1980 and on or before 16 April 1982 thecosts in Appendix A shall be increased by 160 per cent.

(a) in respect of an application for an order appointing a provisional liquidator, up to and including lodgment and delivery of a copy of the order under Rule 50 (3) of the Companies Rules 1968 or delivery of an office copy of the order under Part 80 rule 26,(i) where counsel does not appear on the hearing 130.00

(ii) where counsel appears on the hearing 115.00

(b) in respect of an application for an order appointing a liquidator, but not in respect of an application for an order appointing a provisional liquidator, up to and including lodgment, service and delivery of a copy of the order under Rule 54 of the Companies Rules 1968 or lodgment, service and delivery of an office copy of the order under section 370 (2) of the Companies (New South Wales) Code,(i) where counsel does not appear on the hearing 240.00

(ii) where counsel appears on the hearing 215.00

$



Appendix F Business done after 16 April1982

In respect of business done after 16 April 1982 and on or before 31 December 1983the costs in Appendix A shall be increased by 225 per cent.

Appendix G Business done after 31December 1983

In respect of business done after 31 December 1983 the costs in Appendix A shall beincreased by 294 per cent.

Table 2 Fixed costs

NOTE:1 In this Table—

(a) “Higher scale” means the amount payable apart from Part 52 rule 24 (3),(b) “Lower scale” means the amount payable where Part 52 rule 24 (3) (d) applies,(c) the amounts allowed in items 42–45 include out of pocket expenses, other than

those properly paid for filing the originating process, which fee must be addedto those amounts,

Higherscale

$

Lowerscale$

42. Under Part 7 rule 4 (money claim) 182 9143. Under Part 52 rule 10 where judgment is entered under

Part 17 (except where item 44 applies) in default of appearance or of defence or of verification of defence 253 127

44. Under Part 52 rule 10 where judgment for possession of land is entered under Part 17 in default of appearance or of defence 326 -

45. Amount to be allowed where a solicitor is the plaintiff and acts for himself or where a member of his firm acts for him, instead of the amounts fixed by item 42 127 64and instead of the amounts fixed by item 43 199 100and instead of the amounts fixed by item 44 271 -

46. Amount to be added where an order under Part 10 rule 2, for leave to proceed has been obtained 40 21

47. Amount to be allowed on a writ of execution 91 4647A. Amount to be allowed on a writ of possession after the first 122 -



(d) the amounts allowed in items 47 and 47A include out of pocket expenses, otherthan the fees properly paid for service or execution of the writ, but not in excessof the scale under section 9 of the Sheriff Act 1900, which fees must be addedto those amounts.

2 The costs mentioned in items 42–46 apply in respect of proceedings commenced after31 December 1983.

3 The costs mentioned in items 47 and 47A apply in respect of a writ issued after 31December 1983.

Table 3 Allowances to Witnesses

$48. Barristers, solicitors, medical practitioners, surveyors, architects,

accountants, pharmacists and other professional persons 76or per hour 56

49. Whenever the persons mentioned in Item 48 are called to give expert evidence and not evidence of fact—(a) to give expert evidence, including travelling to Court, where

period from departure from home, hospital, place of practice, office, place of employment or other place to return thereto from attendance at Court does not exceed one and a half hours 116

(b) for every full hour after the first half hour, or a proportion thereof if not for a full hour 56

(c) the amounts payable under (a) and (b) above shall not exceed a total of $462 per day.

50. Travelling and other allowances—(a) payment to be made at the rate of 70 cents per kilometre one

way after the first kilometre up to and including 80 kilometres,(b) exceeding 80 kilometres—the reasonable cost thereof plus the

cost of reasonable accommodation and meals.51. Other witnesses:

Such allowance as is commensurate with the witness’s remuneration or circumstances but not exceeding the allowances provided by the preceding three items.

52. Such additional sum as is reasonable for travelling expenses and sustenance and in cases where accommodation is required such further sum as having regard to all the circumstances is reasonable and has been paid in respect thereof.

53. The taxing officer may also allow such amount as he thinks has been reasonably and properly incurred and paid to witnesses for qualifying to give skilled evidence.



Table 4 Medical examinations andreports

Table 5 Probate

$54. (a) report made by an attending general practitioner—

(i) where a re-examination of a patient is not required 32(ii) where a re-examination of a patient is required 58

(b) report made by an attending specialist—

(i) where a re-examination of a patient is not required 48(ii) where a re-examination of a patient is required 80

(c) report made by a specialist who has not previously treated the patient—(i) where an examination is not required 58

(ii) where an examination is required 97

(d) attending a joint examination (including travelling time where the distance does not exceed 8 kilometres)—(i) as examining practitioner (including provision of report) 116(ii) as non-examining practitioner when the examination is

conducted by another practitioner 48(iii) provision of report by non-examining practitioner (see

(ii) above) 48or, in respect of this Table, such higher amount as the taxing officer thinks fit.

55. In respect of proceedings commenced after 23 December 1977, in respect of the estates of persons who died before 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration (including satisfying any requisition made by the Commissioner of Stamp Duties after the date of grant, the perusal and checking of the assessment of duty and the payment of duty under the Stamp Duties Act 1920 and all work and attendances incidental to these matters including the uplifting of the grant) shall be allowed in accordance with the scale below.



Costsallowe

d$

Gross value of the estate as accepted by the Commissioner of Stamp Dutiesnot exceeding $1,000 80

exceeding $1,000 but not exceeding $2,000 100










and thereafter at the rate of $15.60 for each $2,000 in excess of $20,000 and a maximum of $4,134 costs.

55A. In respect of the estates of persons who die on or after 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration and costs of and incident to the disclosure of assets and liabilities under section 81A (1) and (2) of the Wills, Probate and Administration Act 1898 and the uplifting of documents issued under section 91 (2) of that Act shall be allowed in accordance with the scale below—

Disclosed value of assets$

Costsallowe

d$

not exceeding 7,500 250

exceeding 7,500 but not exceeding 15,000 375











exceeding 150,000 but not exceeding 175,000 1,045






exceeding 500,000 2,100

56. In respect of proceedings commenced after 23 December 1977, costs of and incident to the obtaining of any grant or resealing after the first up to and including the uplifting of the probate or letters of administration so granted or resealed shall be allowed in accordance with the scale below.

Value of the assets remaining to be administered at the timeof application for the grant

Costsallowe

d$

not exceeding $1,000 80












Table 6 Miscellaneous


and thereafter at the rate of $4 for each $2,000 in excess of $20,000 and a maximum of $1,255 costs.

57–58A.

(Repealed)

58. The prescribed amount under Part 52 rule 69 (1) (adoption application) shall be $460 plus disbursements (including counsel’s fees and registration fees, if any).

59. The prescribed amount under Part 52 rule 70 (obtaining certificate of judgment) shall be $264.

60, 61. (Repealed)



Schedule G1(P 37, rr 3A (1) (b), 7A (4)

P 46, r 6 (2) (a)

P 77, r 102)

The above items include a GST component and section 6 of the IntergovernmentalAgreement Implementation (GST) Act 2000 does not apply to them.

Schedules H, I (Repealed)

$2 Amount prescribed under Part 36 rule 13BC (2) (medical expert

producing photocopies)36.00

3 Amount prescribed under Part 46 rule 6 (2) (a) (costs of garnishee) 25.005 Fees prescribed under Part 77 rule 102 (fees chargeable by a person

authorised under section 27 (2) of the Oaths Act 1900):(a) for each oath 4.00

(b) or, if not at the office of the person so authorised 4.90

(c) or, if more than 5 kilometres from the office of the person so authorised, in addition to travelling expenses

18.90

(d) for marking any annexure or exhibit 1.60

(e) for attesting any document 4.00

6 Amount prescribed under Part 36 rule 13BA (1) 214.00


Supreme Court Rules 1970 Schedule J

Schedule J Procedure under various Acts(Part 12, rule 1A)

Part 1 Acts of New South Wales

Family Provision Act 19821 Commencement of proceedings

Proceedings in the Court on an application for relief under the Act mustbe commenced by summons.

2 Additions to titleA summons in proceedings for relief under the Act must bear, above thetitle, the words “Estate of”, the full name of the deceased person and thewords “deceased and the Family Provision Act 1982”.

3 Search in indexAny person may, on payment of the fee (if any) fixed under the Act,search in the index kept in the registry against the name of the deceasedperson in relation to whom any application for an order under the Acthas been made.

4 Extension of time for application for provisionA claim for an order under section 16 (2) or (5) may be included in aclaim for an order under section 7.

5 Affidavit of administrator(1) In proceedings for an order under section 7, the administrator must

make an affidavit setting out the following:(a) the nature and value of the assets and liabilities at the date of

death,(b) what is or is likely to be the nature and value of:

(i) any distributed estate, and(ii) the net distributable estate,

(c) what is the nature and value of any property which, in his or heropinion, is or may be the subject of any prescribed transaction,

(d) the names and addresses of every person who, in his or heropinion, is or may be:


Supreme Court Rules 1970Schedule J

(i) an eligible person (designating as a person under legalincapacity any eligible person who, in his or her opinion,is or may be a person under legal incapacity), or

(ii) a person beneficially entitled to the distributable estate, or(iii) a disponee, within the meaning of section 21, or(iv) a person holding property as a result of a distribution from

the estate,(e) the persons to whom notice was given under clause 9 (2).

(2) The affidavit mentioned in subclause (1) must be served within areasonable time after service of the originating process.

6 Parties(1) In proceedings on an application by summons for an order under section

7 or 16 (2) or (5), the summons must, subject to subclause (2), join as adefendant every administrator.

(2) The summons must not join as a defendant:(a) any person, if any plaintiff is the sole administrator, or(b) any person, if there is sufficient reason for not doing so.

7 Directions as to parties and service(1) Despite clause 6, the Court may, at any stage of the proceedings, direct

that any person be added as a party or substituted for another party or aformer party or that notice of the proceedings be served on any personin addition to or instead of the defendant.

(2) Subclause (1) does not affect the powers of the Court under Part 7 of theUniform Civil Procedure Rules 2005 in relation to the joinder of parties.

8 Representative ordersRule 7.6 of the Uniform Civil Procedure Rules 2005 applies toproceedings under the Act as it applies to proceedings mentioned insubrule (1) of that rule.

9 Notice to eligible persons(1) The plaintiff claiming an order under section 7 must, unless he or she is

the administrator, when serving the summons, also serve a notice on theadministrator showing who, in his or her opinion, is or may be aneligible person (designating as a person under legal incapacity anyeligible person who, in his or her opinion, is or may be a person underlegal incapacity).

(2) The administrator must serve a notice in Form 89B on the following:



(a) the surviving spouse (if any) of the deceased person,(b) every child of the deceased person,(c) every person not mentioned in paragraph (a) or (b) who is entitled

to share in the distributable estate of the deceased person,(d) any person mentioned by the plaintiff in his or her notice served

under subclause (1) and not mentioned in paragraph (a), (b) or(c),

(e) any other person who, in his or her opinion, is or may be aneligible person.

10 Additional provisionAn application for an order under section 8 (which section relates to themaking of additional provision) must be made by motion in theproceedings for the order under section 7.

11 Certified copies of orders(1) If an order is made under section 7 (not being an interim order), 8, 19

(2) or (3) or 30, an administrator must, unless the Court otherwiseorders, within the time prescribed by subclause (2), lodge in theregistry:(a) the probate, letters of administration or copy of election, as the

case may require, bearing a copy of the minute of order, and(b) a copy of the minute of order.

(2) The time prescribed for the purpose of subclause (1) is:(a) if an administrator is a defendant—14 days after the date of

service of an office copy of the minute of order on him or her, and(b) in any other case—28 days after the order is entered.

(3) The registrar must, unless the Court otherwise orders:(a) certify on each copy that it is a true copy of the minute of order,

and(b) send the copy mentioned in subclause (1) (b) to the Registrar in

Probate.

12 Revocation etc of order for provisionAn application for an order under section 19 (2) must be made bymotion in the proceedings for the order under section 7.



13 Discharge of property from liabilityAn application for an order under section 30 (1) or (2) must be made bymotion in the proceedings in which the order for provision has been, oris proposed to be, made.

14 Revocation of releaseAn application for an order under section 31 (8) or (9) must be made bymotion in the proceedings for the order under section 31 (6).

15 Notice of intended distribution(1) A notice under section 35 must be published:

(a) if the deceased person was resident at the date of the deceasedperson’s death in the State—in a newspaper circulating in thedistrict where the deceased person resided, or

(b) otherwise—in a Sydney daily newspaper,and must be served on all persons of whose intention to bring anapplication under the Act the administrator has notice.

(2) The notice may be in or to the effect of Form 121.

Succession Act 20061 Commencement of proceedings

An application for a family provision order under Chapter 3 of the Act:(a) must join as a defendant any administrator, unless the plaintiff is

the sole administrator, and(b) must not join any person unless there is sufficient reason for

doing so.

2 Directions as to parties and service(1) Despite clause 1, the Court may, at any stage of the proceedings, direct

that any person be added as a party or substituted for another party or aformer party or that notice of the proceedings be served on any personin addition to or instead of the defendant.





4 Notice to eligible persons(1) The plaintiff applying for a family provision order under Chapter 3

must, unless he or she is the administrator, when serving the application,also serve a notice on the administrator showing who, in his or heropinion, is or may be an eligible person (designating as a person underlegal incapacity any eligible person who, in his or her opinion, is or maybe a person under legal incapacity).

(2) The administrator must serve a notice in accordance with subclause (3)on the following:(a) the surviving spouse (if any) of the deceased person,(b) every child of the deceased person,(c) every person not mentioned in paragraph (a) or (b) who is entitled

to share in the distributable estate of the deceased person,(d) any person mentioned by the plaintiff in his or her notice served

under subclause (1) and not mentioned in paragraph (a), (b) or(c),

(e) any other person who, in his or her opinion, is or may be aneligible person.

(3) The notice must set out the following:NOTICE OF CLAIMThe plaintiff has applied to the Court under the Succession Act 2006 fora family provision order in respect of the estate of (name) deceased whodied on (date).If you are entitled to, and wish to apply for, an order for provision foryou out of that estate, you must apply within a period prescribed by theSuccession Act 2006 or allowed by the Court. If you do not, before theCourt deals with the plaintiff’s application, apply for an order forprovision for you out of that estate, the Court may deal with theplaintiff’s application without regard to any possible application by you.Dated:(signature)Solicitor for the administrator(Address for service)(or as the case may be)

5 Affidavit of administrator(1) In proceedings for a family provision order under Chapter 3, the

administrator must make an affidavit setting out the following:(a) the nature and value of the assets and liabilities at the date of

death,



(b) what is or is likely to be the nature and value of:(i) any distributed estate, and

(ii) the net distributable estate,(c) what is the nature and value of any property which, in the

administrator’s opinion, is or may be the subject of anyprescribed transaction or any relevant property transaction,

(d) the names and addresses of every person who, in theadministrator’s opinion, is holding property as trustee orotherwise which is or may be the subject of any prescribedtransaction or relevant property transaction,

(e) the names and addresses of every person who, in theadministrator’s opinion, is or may be:(i) an eligible person (designating as a person under legal

incapacity any eligible person who, in his or her opinion,is or may be a person under legal incapacity), or

(ii) a person beneficially entitled to the distributable estate, or(iii) a person holding property as trustee or otherwise,

(f) the names and addresses of every person to whom theadministrator has given notice of the plaintiff’s application.

(2) The affidavit mentioned in subclause (1) must be served within areasonable time after service of the application.

Testator’s Family Maintenance and Guardianship of Infants Act 1916

1 Commencement of proceedings(1) The summons commencing proceedings under the Act may state an

appointment for hearing.(2) The summons must bear, above the title, the words “Estate of”, the full

name of the deceased person and the words “deceased and theTestator’s Family Maintenance, etc Act 1916”.

2 Parties(1) This clause applies to proceedings for an order under section 3 or 5

(2A).(2) In proceedings to which this clause applies, subject to subclause (3), the

summons must join as a defendant every executor or administrator.(3) The summons must not join as a defendant:

(a) any person, if any plaintiff is the sole executor or administrator,or



(b) an executor or administrator who is a plaintiff, or(c) any person, if there is sufficient reason for not doing so.

3 Extension of time for applicationA claim for an order under section 5 (2A) may be included in thesummons claiming an order under section 3.

4 Affidavit of executor(1) In proceedings for an order under section 3, the executor or

administrator, as the case may be, must make an affidavit setting out:(a) the nature and value of the assets and liabilities at the date of

death, and(b) what is or is likely to be the nature and net amount of the

distributable estate, and(c) such information as is available to the deponent as to the family

of the deceased, and(d) the person beneficially entitled.

(2) The affidavit mentioned in subclause (1) must be served within areasonable time after service of the summons commencing theproceedings.

5 Additional provisionAn application for an order under section 6A (which section relates tothe making of additional provision) may be made by motion in theproceedings for an order under section 3.

6 Directions as to parties and service(1) The Court may, at any stage of the proceedings to which these clauses

apply, direct that any person be added as a party or substituted foranother party or a former party or that notice of the proceedings beserved on any person in addition to or instead of the defendant.





8 Certified copies of order(1) The Court may, but need not, make any direction or requirement under

section 6 (3).(2) Unless the Court otherwise orders, in every case in which provision is

made under the Act, a certified copy of the minute of the order makingthe provision must be made on the probate, the letters of administration,or a copy of an election under section 18A of the Public Trustee Act1913, whichever is appropriate.

(3) Unless the Court otherwise orders, an executor or administrator must,within the time prescribed by subclause (4), lodge in the registry:(a) the probate, the letters of administration or the copy of the

election, as the case may require, bearing a copy of the minute oforder, and

(b) a copy of the minute of order.(4) The time prescribed for the purpose of subclause (3) is:

(a) if an executor or administrator is a defendant—14 days after thedate of service of an office copy of the minute of order on thedefendant, and

(b) in any other case—28 days after the order is entered.(5) The registrar must:

(a) certify on each copy that it is a true copy of the minute of order,and

(b) send the copy mentioned in subclause (3) (b) to the Registrar inProbate.

9 Notice of intended distributionA notice under section 11 may be in or to the effect of Form 121.

Part 2 (Repealed)

Schedule K (Repealed)


Supreme Court Rules 1970 Notes

The following abbreviations are used in the Historical notes:Am amended LW legislation website Sch ScheduleCl clause No number Schs SchedulesCll clauses p page Sec sectionDiv Division pp pages Secs sectionsDivs Divisions Reg Regulation Subdiv SubdivisionGG Government Gazette Regs Regulations Subdivs SubdivisionsIns inserted Rep repealed Subst substituted

Historical notes

Table of amending instrumentsSupreme Court Rules 1970 enacted as the Fourth Schedule to the Supreme Court Act 1970and amended in Gazettes of 2.6.1972, 23.6.1972, 30.6.1972, 7.7.1972, 11.8.1972, 29.9.1972,20.10.1972, 27.10.1972, 15.12.1972, 23.2.1973, 30.3.1973, 4.5.1973, 1.6.1973, 24.8.1973,7.9.1973, 28.9.1973, 5.10.1973 (see also 19.10.1973), 2.11.1973, 7.12.1973, 21.12.1973,28.12.1973, 11.1.1974, 22.2.1974, 22.3.1974, 29.3.1974, 3.5.1974, 24.5.1974, 28.6.1974,6.9.1974, 25.10.1974, 20.12.1974, 4.4.1975, 13.6.1975, 1.8.1975 (see also 15.8.1975),22.8.1975, 5.12.1975, 26.3.1976, 30.4.1976, 23.7.1976, 1.10.1976, 17.12.1976, 25.3.1977,1.4.1977, 29.3.1977, 27.5.1977, 1.7.1977, 22.7.1977, 23.9.1977, 30.9.1977, 21.10.1977,28.10.1977, 23.12.1977 (see also 23.6.1978), 21.4.1978, 28.4.1978, 28.7.1978, 24.11.1978(see also 8.12.1978), 22.12.1978, 30.3.1979, 6.7.1979 (see also 13.7.1979), 17.8.1979,21.9.1979 (see also 12.10.1979), 19.10.1979, 26.10.1979, 21.12.1979, 23.5.1980 (see also27.6.1980), 30.5.1980 (as amended by 27.3.1987) (see also 16.4.1982), 29.8.1980 (asamended by 27.3.1987), 24.10.1980, 14.11.1980, 16.1.1981, 24.4.1981 (see also 29.5.1981),24.7.1981 (as amended by 27.3.1987), 28.8.1981 (see also 18.9.1981), 25.9.1981,30.10.1981, 24.12.1981 (see also 19.2.1982 and 23.7.1982), 2.4.1982 (see also 7.5.1982),16.4.1982, 7.5.1982, 28.5.1982, 30.6.1982 (see also 9.7.1982 and 19.8.1983), 8.10.1982,22.10.1982 (see also 12.11.1982), 17.12.1982, 24.12.1982, 25.2.1983, 22.4.1983, 13.5.1983,8.7.1983 (see also 22.7.1983), 19.8.1983, 9.12.1983 (see also 13.1.1984), 23.12.1983 (seealso 13.1.1984), 24.2.1984, 23.3.1984, 27.4.1984, 25.5.1984, 15.6.1984, 29.6.1984 (see also27.7.1984 and 6.9.1985), 31.8.1984, 21.9.1984, 7.12.1984 (see also 21.12.1984), 21.12.1984,22.3.1985, 26.4.1985 (see also 10.5.1985 and 31.5.1985), 31.5.1985, 5.7.1985, 12.7.1985,19.7.1985, 23.8.1985 (see also 6.9.1985), 30.8.1985 (see also 11.10.1985), 20.9.1985,1.11.1985, 22.11.1985, 20.12.1985 (see also 31.1.1986), 21.3.1986, 14.2.1986 (see also28.2.1986), 21.3.1986, 24.4.1986, 23.5.1986, 27.6.1986 (see also 18.7.1986), 25.7.1986,22.8.1986 (see also 3.10.1986), 12.9.1986 (see also 3.10.1986), 26.9.1986 (see also19.12.1986 and 30.1.1987), 24.10.1986 (see also 30.1.1987), 21.11.1986, 19.12.1986,20.2.1987 (see also 13.3.1987), 13.3.1987, 20.3.1987 (see also 10.4.1987), 27.3.1987,1.5.1987, 19.6.1987, 4.9.1987 (see also 25.9.1987), 25.9.1987 (see also 20.11.1987),23.10.1987, 20.11.1987, 18.12.1987 (see also 3.6.1988), 31.12.1987, 19.2.1988, 25.3.1988,22.4.1988, 20.5.1988, 17.6.1988, 26.8.1988, 23.9.1988, 30.9.1988, 2.12.1988, 23.12.1988,27.1.1989, 24.2.1989, 21.4.1989, 19.5.1989 (as amended by 14.7.1989 and 18.8.1989),23.6.1989, 14.7.1989, 18.8.1989, 25.8.1989, 22.9.1989, 20.10.1989, 17.11.1989, 15.12.1989,


Supreme Court Rules 1970Notes

22.12.1989, 23.2.1990, 16.3.1990, 30.3.1990, 20.4.1990, 25.5.1990, 22.6.1990, 20.7.1990,24.8.1990, 16.11.1990, 14.12.1990, 21.12.1990, 15.2.1991, 15.3.1991, 19.4.1991, 24.5.1991,21.6.1991, 16.8.1991, 20.9.1991, 25.10.1991, 13.12.1991 (see also 16.10.1992), 21.2.1992,6.3.1992 (see also 7.8.1992), 27.3.1992, 22.5.1992 (see also 12.6.1992), 24.7.1992,21.8.1992, 2.10.1992, 30.10.1992, 27.11.1992, 26.2.1993, 2.4.1993 (see also 8.4.1993),23.4.1993, 21.5.1993, 25.6.1993, 2.7.1993, 6.8.1993, 20.8.1993, 3.9.1993, 24.9.1993,19.11.1993 (see also 26.11.1993), 10.12.1993 (see also 24.12.1993), 25.2.1994, 31.3.1994(see also 8.4.1994), 22.4.1994, 24.6.1994 (see also 1.7.1994), 19.8.1994, 23.9.1994,21.10.1994, 25.11.1994, 23.12.1994, 24.2.1995, 28.4.1995, 21.7.1995, 25.8.1995 (see also16.2.1996), 22.9.1995, 24.11.1995, 22.12.1995, 23.2.1996, 1.3.1996, 22.3.1996, 26.4.1996(see also 3.5.1996), 24.5.1996, 19.7.1996, 23.8.1996, 25.10.1996 (see also 29.11.1996 and20.12.1996), 22.11.1996, 29.11.1996, 21.2.1997 (see also 28.2.1997), 21.3.1997 (see also27.3.1997), 23.5.1997 (see also 14.11.1997) and 20.6.1997, by Act No 68, 1997, in GazettesNo 83 of 25.7.1997, p 5726 (see also 8.8.1997 and 22.8.1997), No 91 of 15.8.1997, p 6335(see also 5.9.1997), No 93 of 22.8.1997, p 6530, No 125 of 21.11.1997, p 9343, No 137 of5.12.1997, p 9774 (see also 16.1.1998), No 149 of 19.12.1997, p 10205, No 32 of 20.2.1998,p 843, No 71 of 24.4.1998, p 2868 (see also 1.5.1998), No 81 of 22.5.1998, p 3686, No 112of 24.7.1998, p 5638, No 117 of 7.8.1998, p 5985, No 123 of 21.8.1998, p 6394, No 152 of23.10.1998, p 8427, No 178 of 24.12.1998, p 10124, No 22 of 19.2.1999, p 752 (see also25.6.1999), No 34 of 19.3.1999, p 2256 (see also 9.4.1999), No 61 of 21.5.1999, p 3489 (seealso 28.5.1999), No 72 of 25.6.1999, p 4280, No 84 of 23.7.1999, p 5148, No 95 of 20.8.1999,p 6128, No 98 of 27.8.1999, p 7460, No 111 of 24.9.1999, p 9123, No 122 of 22.10.1999, p10049, No 130 of 19.11.1999, p 10696, No 144 of 24.12.1999, p 12364 (see also 25.2.2000),No 9 of 28.1.2000, p 452 (see also 25.2.2000), No 29 of 25.2.2000, p 1427, No 49 of20.4.2000, p 3356, No 81 of 30.6.2000, p 5789, No 93 of 21.7.2000, p 6502, No 109 of25.8.2000, p 8416, No 139 of 20.10.2000, p 11212, No 152 of 24.11.2000, p 11931, No 168of 22.12.2000, p 13627, No 41 of 23.2.2001, p 891, No 78 of 4.5.2001, p 2144, No 81 of11.5.2001, p 2326, No 93 of 1.6.2001, p 3036, No 117 of 27.7.2001, pp 5650, 5652, No 132of 31.8.2001, pp 7340, 7342, 7347, No 158 of 19.10.2001, p 8651 (see also 26.10.2001), No180 of 23.11.2001, pp 9373, 9378, No 54 of 1.3.2002, p 1264, No 75 of 19.4.2002, p 2362,No 98 of 14.6.2002, p 4206, No 119 of 19.7.2002, p 5469, No 135 of 30.8.2002, pp 7664,7667, 7673, No 201 of 1.11.2002, pp 9325, 9328, 9331, 9334, No 237 of 29.11.2002, pp10124, 10127, No 60 of 14.3.2003, p 4085, No 63 of 21.3.2003, p 4177, No 77 of 24.4.2003,p 4553, No 89 of 23.5.2003, pp 4857, 4860, No 97 of 13.6.2003, p 5701 (see also 29.8.2003),No 132 of 29.8.2003, p 8931, No 137 of 5.9.2003, pp 9136, 9139, No 145 of 19.9.2003, p9425, No 174 of 31.10.2003, p 10285, No 186 of 28.11.2003, pp 10778, 10781, 10787,10792, No 197 of 19.12.2003, pp 11429, 11434, No 42 of 20.2.2004, p 727, No 63 of26.3.2004, p 1532, No 91 of 28.5.2004, pp 3278, 3281, No 126 of 30.7.2004, pp 6187, 6190,No 138 of 27.8.2004, p 7153, No 153 of 1.10.2004, pp 7785, 7788, No 187 of 26.11.2004, pp8619, 8622, 8625, No 200 of 17.12.2004, p 9384 and No 30 of 4.3.2005, p 635 and as follows:

2005 (160) Supreme Court Rules (Amendment No 404) 2005. GG No 49 of 22.4.2005, p 1466.Date of commencement, on gazettal.



(171) Supreme Court Rules (Amendment No 402) 2005. GG No 50 of 29.4.2005, p 1545.Date of commencement, on gazettal.


(407) Supreme Court Rules (Amendment No 405) 2005. GG No 99 of 5.8.2005, p 4141.Date of commencement, 15.8.2005, rule 2 and GG No 100 of 10.8.2005, p 4205.



No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005.Date of commencement of Sch 2.60, assent, sec 2 (2).

(809) Supreme Court Rules (Amendment No 408) 2005. GG No 154 of 9.12.2005, p 10118.Date of commencement, 1.1.2006, rule 2.




2007 (446) Supreme Court Rules (Amendment No 412) 2007. GG No 116 of 7.9.2007, p 6892.Date of commencement, 1.1.2008, rule 2.




Table of amendments



2009 (165) Supreme Court Rules (Amendment No 416) 2009. LW 8.5.2009.Date of commencement of Sch 1 [1], 1.6.2009, rule 2 (2); date of commencement of Sch 1 [2] and [3], on publication on LW, rule 2 (1).

No 56 Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.Date of commencement of Sch 2.69, 17.7.2009, sec 2 (2).

2010 No 34 Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010.Date of commencement of Sch 2, 1.7.2010, sec 2 (2).

Part 1Rule 3 Am 2.6.1972; 23.6.1972; 30.6.1972; 11.8.1972; 27.10.1972; 4.5.1973;

21.12.1973; 28.12.1973; 22.2.1974; 29.3.1974; 3.5.1974; 24.5.1974; 28.6.1974; 6.9.1974; 25.10.1974; 1.8.1975; 22.8.1975; 26.3.1976; 25.3.1977; 27.5.1977; 1.7.1977; 24.11.1978; 30.3.1979; 21.12.1979; 30.5.1980; 24.7.1981; 24.12.1981; 30.6.1982; 22.10.1982; 8.7.1983; 29.6.1984; 31.8.1984; 7.12.1984; 21.12.1984; 26.4.1985; 31.5.1985; 5.7.1985; 12.7.1985; 23.8.1985; 30.8.1985; 20.9.1985; 20.12.1985; 3.1.1986; 24.4.1986; 23.5.1986; 27.6.1986; 12.9.1986; 26.9.1986 (see erratum 30.1.1987); 13.3.1987; 25.9.1987; 23.10.1987; 20.5.1988; 17.6.1988; 23.12.1988; 19.5.1989; 14.7.1989; 22.9.1989; 15.12.1989; 22.12.1989; 23.2.1990; 25.5.1990; 20.7.1990; 14.12.1990; 21.12.1990; 19.4.1991; 21.6.1991; 20.9.1991; 13.12.1991; 6.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 26.2.1993; 2.4.1993; 25.6.1993; 20.8.1993; 24.9.1993; 19.11.1993; 10.12.1993; 25.2.1994; 22.4.1994; 24.6.1994; 21.10.1994; 23.12.1994; 24.2.1995; 28.4.1995; 22.9.1995. Rep 24.11.1995. Ins 28.1.2000. Rep 2005 (407), Sch 1 [5].

Rule 4 Am 2.6.1972. Rep 2005 (407), Sch 1 [5].Rule 5 Rep 2005 (407), Sch 1 [5].Rule 6 Am 11.8.1972; 28.12.1973; 28.6.1974; 23.7.1976; 23.9.1977;

21.12.1979; 24.10.1980; 16.4.1982; 23.12.1983. Rep 2005 (407), Sch 1 [5].

Rule 7 Rep 2005 (407), Sch 1 [5].



Rule 8 Am 2.6.1972; 30.3.1973; 7.9.1973; 29.3.1974; 28.6.1974; 1.8.1975; 26.3.1976; 1.4.1977; 28.4.1978; 24.11.1978; 24.4.1981; 9.12.1983; 24.2.1984; 23.3.1984; 29.6.1984; 7.12.1984; 26.4.1985; 27.6.1986; 12.9.1986; 26.9.1986; 24.10.1986; 21.11.1986; 4.9.1987; 17.6.1988; 2.12.1988; 19.5.1989; 18.8.1989; 17.11.1989; 15.2.1991; 26.2.1993; 2.4.1993; 23.4.1993; 10.12.1993; 24.6.1994; 28.4.1995; 21.7.1995; 1.3.1996; 26.4.1996; 19.7.1996; 21.2.1997; 24.4.1998 (see erratum 1.5.1998); 7.8.1998; 21.8.1998; 23.10.1998; 24.12.1998; 21.5.1999; 27.8.1999; 24.12.1999; 28.1.2000; 19.10.2001 (see also 26.10.2001); 2005 (407), Sch 1 [6]–[8]; 2005 (690), rule 2; 2010 No 34, Sch 2.50.

Rule 9 Am 25.3.1977; 28.4.1978.Rule 9A Ins 23.12.1983. Subst 26.9.1986; 21.4.1989. Am 25.10.1996;

29.11.2002. Rep 2005 (407), Sch 1 [5].Rule 9B Ins 26.9.1986. Am 21.11.1986. Rep 2005 (407), Sch 1 [5].Rule 9C Ins 19.11.1993.Rule 10 Am 2.6.1972. Subst 6.7.1979. Am 14.11.1980; 24.4.1981; 7.12.1984

(see erratum 21.12.1984); 24.10.1986 (see erratum 30.1.1987); 26.4.1996; 19.2.1999. Subst 24.11.2000. Rep 2005 (407), Sch 1 [5].

Rule 10A Ins 6.7.1979. Am 14.11.1980; 24.4.1981; 23.12.1983; 7.12.1984; 26.9.1986; 24.10.1986; 15.2.1991; 23.5.1997. Rep 2005 (407), Sch 1 [5].

Rule 11 Am 2.6.1972. Subst 4.9.1987. Am 2005 (407), Sch 1 [9].Rule 11A Ins 22.4.1988. Rep 2005 (407), Sch 1 [10].Rule 12 Am 2.6.1972. Rep 2005 (407), Sch 1 [10].Rule 13 Am 2.6.1972.Rule 14 Rep 2005 (407), Sch 1 [10].Part 1A Ins 2.6.1972.Rule 1 Ins 2.6.1972.Rule 2 Ins 2.6.1972. Subst 20.12.1974. Am 24.6.1994; 24.9.1999.Rule 3 Ins 2.6.1972. Rep 19.4.1991.Part 1B Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Div 1 Rep 2005 (407), Sch 1 [11].Rule 1 Ins 11.8.1972. Am 4.5.1973. Rep 2005 (407), Sch 1 [11].Rules 2, 3 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Div 2 Rep 2005 (407), Sch 1 [11].Rules 4, 5 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Rule 6 Ins 11.8.1972. Am 23.12.1988. Rep 2005 (407), Sch 1 [11].



Rule 7 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Rule 8 Ins 11.8.1972. Am 26.9.1986. Rep 2005 (407), Sch 1 [11].Div 3 Rep 2005 (407), Sch 1 [11].Rules 9–14 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Rule 15 Ins 11.8.1972. Subst 20.10.1972. Rep 2005 (407), Sch 1 [11].Rule 16 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Rule 17 Ins 11.8.1972. Am 30.3.1973; 21.11.1986. Rep 2005 (407), Sch 1 [11].Rule 18 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Rule 19 Ins 11.8.1972. Rep 23.3.1984.Rules 20, 21 Ins 11.8.1972. Am 30.3.1973. Rep 2005 (407), Sch 1 [11].Rule 22 Ins 11.8.1972. Subst 30.3.1973. Am 26.9.1986. Subst 21.11.1986. Am

20.3.1987. Rep 2005 (407), Sch 1 [11].Rules 23, 24 Ins 11.8.1972. Rep 2005 (407), Sch 1 [11].Div 4 (Rule 25) Ins 28.12.1973. Rep 2005 (407), Sch 1 [11].Div 5 (Rule 26) Ins 1.7.1977. Rep 2005 (407), Sch 1 [11].Div 6 (Rule 27) Ins 21.12.1979. Rep 2005 (407), Sch 1 [11].Part 2 Rep 2005 (407), Sch 1 [11].Rule 1 Rep 2005 (407), Sch 1 [11].Rule 2 Am 28.6.1974; 8.10.1982; 14.2.1986; 4.9.1987; 1.3.1996. Rep 2005

(407), Sch 1 [11].Rules 3, 4 Rep 2005 (407), Sch 1 [11].Rule 5 Am 20.12.1974; 28.7.1978; 17.12.1982. Subst 19.6.1987. Am

20.9.1991; 24.9.1999. Rep 2005 (407), Sch 1 [11].Rule 6 Am 30.9.1977; 18.12.1987; 24.9.1999; 14.6.2002. Rep 2005 (407), Sch

1 [11].Part 3 Rep 2005 (407), Sch 1 [11].Rule 1 Am 2.6.1972. Subst 28.6.1974. Rep 2005 (407), Sch 1 [11].Rule 2 Am 2.6.1972; 15.2.1991; 13.6.2003. Rep 2005 (407), Sch 1 [11].Rule 3 Am 2.6.1972. Subst 2.4.1982. Am 26.3.2004. Rep 2005 (407), Sch 1

[11].Rule 4 Rep 2005 (407), Sch 1 [11].Part 4 Rep 2005 (407), Sch 1 [11].Rule 1 Rep 2005 (407), Sch 1 [11].



Rule 2 Am 2.6.1972; 30.3.1973; 4.5.1973; 25.5.1984; 30.8.1985; 20.4.1990; 31.3.1994; 25.10.1996 (see erratum 29.11.1996). Rep 2005 (407), Sch 1 [11].

Rules 2A, 2B Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].Rule 3 Am 2.6.1972; 30.8.1985. Rep 2005 (407), Sch 1 [11].Rule 4 Am 20.9.1991. Subst 23.5.1997. Rep 2005 (407), Sch 1 [11].Rule 4A Ins 23.5.1997. Rep 2005 (407), Sch 1 [11].Rule 5 Am 24.7.1998. Rep 2005 (407), Sch 1 [11].Part 5 Rep 2005 (407), Sch 1 [11].Rule 1 Subst 13.6.2003. Rep 2005 (407), Sch 1 [11].Rule 2 Am 23.5.1980; 23.5.1997. Rep 2005 (407), Sch 1 [11].Rule 3 Rep 2.6.1972. Ins 13.6.2003. Rep 2005 (407), Sch 1 [11].Rule 4 Subst 2.6.1972. Rep 13.6.2003.Rules 4A–4C Ins 2.6.1972. Am 6.7.1979. Rep 13.6.2003.Rule 5 Subst 2.6.1972. Rep 13.6.2003.Rule 5A Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].Rule 5B Ins 21.9.1979. Am 26.9.1986. Rep 2005 (407), Sch 1 [11].Rule 6 Rep 2.6.1972. Ins 6.7.1979. Am 14.11.1980; 13.6.2003. Rep 2005 (407),

Sch 1 [11].Rule 7 Am 2.6.1972. Subst 23.3.1984. Am 20.4.1990. Rep 2005 (407), Sch 1

[11].Rule 8 Am 30.3.1990. Rep 2005 (407), Sch 1 [11].Rule 9 Rep 2005 (407), Sch 1 [11].Rule 10 Rep 29.3.1974.Rule 11 Am 2.6.1972; 26.9.1986; 23.12.1988. Subst 19.5.1989. Rep 2005 (407),

Sch 1 [11].Rule 12 Am 2.6.1972; 22.7.1977. Subst 25.11.1994. Rep 2005 (407), Sch 1 [11].Rule 12, footnote

Ins 25.10.1996. Rep 2005 (407), Sch 1 [11].

Part 6 Subst 29.3.1974. Rep 2005 (407), Sch 1 [11].Div 1 Rep 2005 (407), Sch 1 [11].Rule 1 Subst 29.3.1974; 29.6.1984. Rep 2005 (407), Sch 1 [11].Rule 2 Am 2.6.1972. Subst 29.3.1974. Am 25.8.1995. Rep 2005 (407), Sch 1

[11].



Rule 3 Am 2.6.1972. Subst 29.3.1974. Am 9.12.1983. Rep 2005 (407), Sch 1 [11].

Rule 4 Subst 29.3.1974; 23.3.1984; 29.6.1984. Rep 2005 (407), Sch 1 [11].Rule 5 Subst 29.3.1974. Am 25.10.1996. Rep 2005 (407), Sch 1 [11].Rule 5A Ins 12.7.1985. Am 14.2.1986. Rep 25.10.1996.Rules 6, 7 Subst 29.3.1974. Rep 2005 (407), Sch 1 [11].Rule 8 Subst 29.3.1974. Rep 25.10.1996 (see erratum 20.12.1996).Rule 8 (previously Rule 9)

Subst 29.3.1974. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

Rule 9 (previously Rule 10)

Subst 29.3.1974. Am 23.5.1980; 26.9.1986; 23.12.1988. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

Div 2 Rep 2005 (407), Sch 1 [11].Rule 10 (previously Rule 12)

Subst 15.12.1972; 29.3.1974. Am 26.9.1986; 23.12.1988. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

Rule 11 Subst 29.3.1974. Am 21.12.1979; 25.10.1991; 25.11.1994; 23.2.1996. Rep 25.10.1996 (see erratum 20.12.1996).


Am 23.2.1973. Subst 29.3.1974. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

Div 3 Rep 2005 (407), Sch 1 [11].Rule 12 (previously Rule 15)

Ins 29.3.1974. Am 25.10.1996. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].


Ins 29.3.1974. Am 31.5.1985; 24.4.1986; 21.11.1986; 15.12.1989. Renumbered 25.10.1996 (see erratum 20.12.1996). Rep 2005 (407), Sch 1 [11].

Rule 14 Ins 29.3.1974. Subst 23.5.1980. Am 2.4.1982. Rep 12.7.1985. Renumbered 25.10.1996 (see erratum 20.12.1996).

Part 7 Rep 2005 (407), Sch 1 [11].Rule 1 Am 6.9.1974; 21.12.1979; 9.12.1983; 23.9.1988; 25.11.1994; 23.2.1996;

19.11.1999. Rep 2005 (407), Sch 1 [11].Rule 2 Am 20.2.1987; 20.9.1991. Rep 2005 (407), Sch 1 [11].Rule 3 Subst 2.6.1972. Am 6.7.1979; 24.4.1981; 17.12.1982; 7.12.1984;

24.10.1986; 23.12.1988; 13.6.2003. Rep 2005 (407), Sch 1 [11].



Rule 4 Am 2.6.1972. Subst 30.3.1973. Am 1.8.1975; 8.10.1982; 9.12.1983; 18.12.1987; 19.2.1988; 24.2.1989; 18.8.1989; 24.8.1990; 26.2.1993; 24.6.1994. Rep 2005 (407), Sch 1 [11].

Rule 5 Subst 2.6.1972. Am 1.11.1985; 23.12.1988; 2.4.1993; 13.6.2003. Rep 2005 (407), Sch 1 [11].

Rule 6 Am 2.6.1972; 25.3.1977; 23.12.1977; 6.7.1979; 14.11.1980; 23.12.1983; 26.9.1986. Rep 2005 (407), Sch 1 [11].

Rule 7 Am 15.6.1984; 21.8.1998; 24.12.1998; 19.3.1999. Rep 2005 (407), Sch 1 [11].

Rule 8 Am 2.6.1972; 21.7.1995; 19.12.1997. Rep 2005 (407), Sch 1 [11].Part 8 Rep 2005 (407), Sch 1 [11].Rules 1–4 Rep 2005 (407), Sch 1 [11].Rule 5 Am 20.12.1985; 14.2.1986. Rep 2005 (407), Sch 1 [11].Rules 6, 7 Rep 2005 (407), Sch 1 [11].Rule 8 Am 20.10.1989. Rep 2005 (407), Sch 1 [11].Rule 9 Am 20.10.1989. Rep 2005 (407), Sch 1 [11].Rule 10 Am 20.10.1989. Rep 2005 (407), Sch 1 [11].Rule 11 Am 20.10.1989. Rep 2005 (407), Sch 1 [11].Rule 12 Rep 2005 (407), Sch 1 [11].Rule 13 Am 20.10.1989. Rep 2005 (407), Sch 1 [11].Rule 14 Rep 2005 (407), Sch 1 [11].Rule 15 Am 20.10.1989. Rep 2005 (407), Sch 1 [11].Rules 16, 17 Rep 2005 (407), Sch 1 [11].Part 9 Rep 2005 (407), Sch 1 [11].Rule 1 Rep 2005 (407), Sch 1 [11].Rule 1A Ins 2.4.1993. Rep 2005 (407), Sch 1 [11].Rule 2 Am 2.6.1972; 23.12.1988. Rep 2005 (407), Sch 1 [11].Rule 3 Am 28.6.1974; 23.12.1988. Rep 2005 (407), Sch 1 [11].Rule 4 Am 28.6.1974; 21.10.1977; 6.7.1979; 23.3.1984; 23.5.1986; 24.2.1989;

20.9.1991; 25.8.1995. Rep 2005 (407), Sch 1 [11].Rule 4A Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].Rule 5 Rep 2005 (407), Sch 1 [11].



Rule 6 Am 1.10.1976; 21.10.1977. Subst 6.7.1979. Am 14.11.1980; 8.7.1983; 20.12.1985; 12.9.1986 (see erratum 3.10.1986); 24.10.1986; 16.8.1991; 20.9.1991; 23.4.1993; 1.3.1996. Rep 2005 (407), Sch 1 [11].

Rule 6A Ins 21.10.1977. Rep 6.7.1979. Ins 2.4.1993. Rep 2005 (407), Sch 1 [11].Rule 7 Rep 2005 (407), Sch 1 [11].Rule 7A, heading

Ins 1.8.1975. Subst 29.8.2003. Rep 2005 (407), Sch 1 [11].

Rule 7A Ins 1.8.1975. Am 31.5.1985; 21.7.1995; 19.2.1999; 29.8.2003. Rep 2005 (407), Sch 1 [11].

Rule 7B Ins 1.8.1975. Am 30.10.1992. Rep 2005 (407), Sch 1 [11].Rule 8, headnote Subst 13.12.1991; 22.3.1996. Rep 2005 (407), Sch 1 [11].Rule 8 Am 1.10.1976; 16.8.1991; 20.9.1991. Subst 22.3.1996. Rep 2005 (407),

Sch 1 [11].Rules 9–14 Rep 2005 (407), Sch 1 [11].Rule 15 Ins 2.6.1972. Rep 2005 (407), Sch 1 [11].Part 10 Rep 2005 (407), Sch 1 [11].Div 1 Rep 2005 (407), Sch 1 [11].Rule 1 Ins 2.4.1993. Rep 2005 (407), Sch 1 [11].Rule 1A Ins 30.8.1985. Rep 17.6.1988.Rule 1A (previously Rule 1)

Am 23.5.1980; 8.10.1982; 26.4.1985; 21.3.1986; 17.6.1988; 2.12.1988. Renumbered 2.4.1993. Rep 2005 (407), Sch 1 [11].

Rule 2 Am 23.5.1980; 26.4.1985. Subst 17.6.1988. Rep 2005 (407), Sch 1 [11].Rules 2A, 2B Ins 17.6.1988. Rep 2005 (407), Sch 1 [11].Rules 3, 4 Rep 2005 (407), Sch 1 [11].Rule 5 Am 17.6.1988. Rep 2005 (407), Sch 1 [11].Rule 6 Am 2.4.1993. Rep 2005 (407), Sch 1 [11].Rule 6A Ins 17.6.1988. Rep 2005 (407), Sch 1 [11].Div 2 Rep 2005 (407), Sch 1 [11].Rules 7–10 Rep 2005 (407), Sch 1 [11].Rules 11, 12 Am 20.7.1990; 21.7.1995. Rep 2005 (407), Sch 1 [11].Rule 13 Rep 2005 (407), Sch 1 [11].Part 11 Rep 2005 (407), Sch 1 [11].Rule 1 Am 20.9.1991. Subst 23.5.1997. Rep 2005 (407), Sch 1 [11].



Rule 1A Ins 23.5.1997. Rep 2005 (407), Sch 1 [11].Rule 2 Rep 2005 (407), Sch 1 [11].Rule 3 Am 6.7.1979; 14.11.1980; 24.4.1981; 23.12.1983; 7.12.1984 (see

erratum 21.12.1984); 26.9.1986. Rep 2005 (407), Sch 1 [11].Rule 4 Am 2.6.1972; 20.2.1987; 20.9.1991; 25.10.1991; 22.9.1995. Rep 2005

(407), Sch 1 [11].Rule 5 Am 21.10.1977; 6.7.1979; 23.5.1980 (see erratum 27.6.1980);

23.12.1983; 26.9.1986; 21.4.1989. Rep 2005 (407), Sch 1 [11].Rule 6 Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [11].Rule 7 Am 2.6.1972. Rep 23.12.1988.Rule 8 Am 23.12.1988. Rep 2005 (407), Sch 1 [11].Part 12 Subst 22.8.1975.Heading Am 2.6.1972. Subst 22.8.1975.Rule 1 Subst 2.6.1972; 22.8.1975. Am 23.3.1984; 26.4.1985. Rep 22.9.1989.

Ins 2005 (407), Sch 1 [12]. Rep 2006 (405), Sch 1 [1].Rule 1A Ins 15.12.1972. Am 1.6.1973; 29.3.1974. Rep 22.8.1975. Ins 2005 (407),

Sch 1 [12].Rule 1B Ins 24.8.1973. Rep 22.8.1975.Rule 1C Ins 7.9.1973. Rep 22.8.1975.Rule 2 Subst 22.8.1975. Rep 2006 (405), Sch 1 [1].Rule 3 Ins 22.8.1975. Rep 2006 (405), Sch 1 [1].Rule 4 Ins 22.8.1975. Am 28.7.1978; 6.7.1979; 22.4.1983; 31.5.1985;

20.12.1985 (see erratum 31.1.1986); 24.4.1986; 27.6.1986; 4.9.1987; 23.10.1987; 20.11.1987; 22.9.1989; 17.11.1989; 15.3.1991; 27.3.1992; 26.2.1993; 21.5.1993; 28.4.1995; 26.4.1996; 19.2.1999; 21.5.1999; 25.2.2000; 20.4.2000; 30.6.2000; 25.8.2000; 1.6.2001; 19.4.2002; 29.8.2003; 26.11.2004. Rep 2005 (407), Sch 1 [13].

Rule 5 Ins 22.8.1975. Am 25.3.1977. Subst 29.4.1977. Am 28.7.1978; 6.7.1979; 30.5.1980; 24.7.1981. Subst 28.8.1981. Am 30.6.1982; 8.10.1982; 9.12.1983; 27.6.1986; 25.7.1986; 22.8.1986; 20.2.1987; 25.9.1987 (see erratum 20.11.1987); 18.12.1987 (see erratum 3.6.1988); 20.5.1988; 23.2.1990; 16.3.1990; 20.7.1990; 19.4.1991; 21.6.1991; 25.10.1991; 22.5.1992; 25.8.1995; 25.10.1996; 24.4.1998; 23.10.1998; 21.5.1999 (see erratum 28.5.1999); 20.4.2000; 30.6.2000; 21.7.2000; 25.8.2000; 20.10.2000; 1.6.2001; 19.4.2002; 26.11.2004. Rep 2005 (407), Sch 1 [13].

Rule 5A Ins 23.12.1988. Rep 23.10.1998.Rule 6 Ins 22.8.1975. Rep 29.4.1977.




Ins 22.8.1975. Renumbered 29.4.1977. Am 8.10.1982. Rep 19.2.1999.

Rule 7 Ins 20.11.1987. Subst 23.2.1990. Am 21.5.1993; 7.8.1998; 19.2.1999. Subst 22.12.2000. Rep 2005 (407), Sch 1 [13].

Part 13 Rep 2005 (407), Sch 1 [14].Div 1 Rep 2005 (407), Sch 1 [14].Rule 1 Rep 2005 (407), Sch 1 [14].Rule 2 Am 2.6.1972; 27.4.1984; 30.3.1990. Rep 2005 (407), Sch 1 [14].Rule 3 Am 30.3.1990. Rep 2005 (407), Sch 1 [14].Rule 4 Rep 2.6.1972.Div 2 Rep 2005 (407), Sch 1 [14].Rule 5 Rep 2005 (407), Sch 1 [14].Rule 5A Ins 24.12.1999. Rep 2005 (407), Sch 1 [14].Div 3 Rep 2005 (407), Sch 1 [14].Rule 6 Am 23.3.1984; 30.3.1990. Rep 2005 (407), Sch 1 [14].Part 14 Subst 29.3.1974; 24.4.1986; 21.11.1986; 7.8.1998. Rep 2006 (405), Sch

1 [2].Rule 1 Subst 29.3.1974; 24.4.1986; 21.11.1986; 7.8.1998; 19.2.1999. Am 2005

(407), Sch 1 [15]. Rep 2006 (405), Sch 1 [2].Rule 2 Subst 29.3.1974. Am 23.12.1977. Subst 24.4.1986; 21.11.1986. Am

24.5.1991. Subst 7.8.1998. Am 13.6.2003. Subst 2005 (407), Sch 1 [16]. Rep 2006 (405), Sch 1 [2].

Rule 3 Subst 29.3.1974; 24.4.1986; 21.11.1986. Am 19.6.1987; 24.6.1994; 26.4.1996; 25.10.1996; 22.11.1996. Subst 7.8.1998; 2005 (407), Sch 1 [16]. Rep 2006 (405), Sch 1 [2].

Rule 4 Subst 29.3.1974. Rep 24.4.1986. Ins 21.11.1986. Rep 25.7.1997. Ins 7.8.1998. Rep 2006 (405), Sch 1 [2].

Rule 5 Subst 29.3.1974. Am 23.3.1984. Rep 24.4.1986. Ins 21.11.1986. Subst 7.8.1998. Am 2005 (407), Sch 1 [17]. Rep 2006 (405), Sch 1 [2].

Rule 6 Ins 29.3.1974. Rep 24.4.1986. Ins 21.11.1986. Am 25.10.1996. Subst 7.8.1998. Am 2005 (407), Sch 1 [18]. Rep 2006 (405), Sch 1 [2].

Rules 7, 8 Ins 29.3.1974. Rep 24.4.1986. Ins 7.8.1998. Rep 2006 (405), Sch 1 [2].Rule 9 Ins 29.3.1974. Rep 23.3.1984. Ins 7.8.1998. Rep 28.1.2000.Rule 10 Ins 7.8.1998. Am 2005 (407), Sch 1 [19]. Rep 2006 (405), Sch 1 [2].



Part 14A Ins 31.5.1985. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Heading Am 23.2.1990. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Rule 1 Ins 31.5.1985. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Rule 2 Ins 31.5.1985. Am 15.12.1989. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Rule 2A Ins 15.12.1989. Subst 25.6.1999. Rep 19.10.2001 (see also 26.10.2001).Rule 3 Ins 31.5.1985. Am 15.12.1989. Subst 25.6.1999; 19.10.2001 (see also

26.10.2001). Am 13.6.2003. Subst 2005 (407), Sch 1 [20]. Rep 2006 (405), Sch 1 [2].

Rule 4 Ins 31.5.1985. Am 15.12.1989; 26.2.1993. Subst 25.6.1999; 19.10.2001 (see also 26.10.2001). Am 2005 (407), Sch 1 [21]. Rep 2006 (405), Sch 1 [2].

Rule 5 Ins 31.5.1985. Am 15.12.1989. Subst 19.10.2001 (see also 26.10.2001). Am 2005 (407), Sch 1 [22]. Rep 2006 (405), Sch 1 [2].

Rule 6 Ins 31.5.1985. Rep 15.12.1989. Ins 25.6.1999. Subst 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Rule 7 Ins 31.5.1985. Rep 15.12.1989. Ins 19.10.2001 (see also 26.10.2001). Am 2005 (407), Sch 1 [23]. Rep 2006 (405), Sch 1 [2].

Rule 8 Ins 31.5.1985. Rep 15.12.1989. Ins 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Rules 9–11 Ins 31.5.1985. Rep 15.12.1989.Rule 12 Ins 31.5.1985. Rep 25.7.1997.Rule 13 Ins 31.5.1985. Rep 19.10.2001 (see also 26.10.2001).Rule 14 Ins 31.5.1985. Subst 25.6.1999. Rep 28.1.2000.Part 14B Ins 24.12.1999. Rep 2006 (405), Sch 1 [2].Rules 1–5 Ins 24.12.1999. Rep 2006 (405), Sch 1 [2].Rule 6 Ins 24.12.1999. Am 2005 (407), Sch 1 [24]. Rep 2006 (405), Sch 1 [2].Rules 7, 8 Ins 24.12.1999. Rep 2005 (407), Sch 1 [25].Part 14C Ins 24.12.1998. Rep 2006 (405), Sch 1 [2].Rule 1 Ins 24.12.1998. Am 28.1.2000. Rep 2006 (405), Sch 1 [2].Rule 2 Ins 24.12.1998. Am 19.10.2001 (see also 26.10.2001). Rep 2006 (405),

Sch 1 [2].Rule 3 Ins 24.12.1998. Am 2005 (407), Sch 1 [26]. Rep 2006 (405), Sch 1 [2].



Rule 4 Ins 24.12.1998. Am 19.10.2001 (see also 26.10.2001). Rep 2006 (405), Sch 1 [2].

Rule 5 Ins 24.12.1998. Rep 2006 (405), Sch 1 [2].Rules 6, 7 Ins 24.12.1998. Rep 2005 (407), Sch 1 [27].Part 14D Ins 25.6.1999. Rep 2006 (405), Sch 1 [2].Rule 1 Ins 25.6.1999. Am 23.7.1999; 30.6.2000; 1.6.2001; 19.4.2002;

29.8.2003; 2005 (407), Sch 1 [28]. Rep 2006 (405), Sch 1 [2].Rule 2 Ins 25.6.1999. Am 2005 (407), Sch 1 [29]. Rep 2006 (405), Sch 1 [2].Rule 3 Ins 25.6.1999. Rep 2006 (405), Sch 1 [2].Part 15 Rep 2005 (407), Sch 1 [30].Div 1 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 2 Am 2.6.1972; 23.3.1984. Rep 2005 (407), Sch 1 [30].Div 2 Rep 2005 (407), Sch 1 [30].Rule 2A Ins 10.12.1993. Rep 23.10.1998.Rule 3 Am 2.6.1972; 15.12.1972; 29.3.1974; 26.9.1986; 23.12.1988;

25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 4 Am 3.5.1974; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Rule 5 Am 26.4.1985; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Div 3 Rep 2005 (407), Sch 1 [30].Rules 6–10 Rep 2005 (407), Sch 1 [30].Rule 11 Subst 16.11.1990; 21.7.1995. Rep 2005 (407), Sch 1 [30].Rule 12 Am 2.6.1972; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Rule 12A Ins 30.3.1973. Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Rule 13 Am 21.9.1979; 8.10.1982. Rep 2005 (407), Sch 1 [30].Rules 14–18 Rep 2005 (407), Sch 1 [30].Rule 19 Rep 2.6.1972.Div 4 Rep 2005 (407), Sch 1 [30].Rule 20 Rep 2005 (407), Sch 1 [30].Rule 21 Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Rule 22 Am 26.4.1985; 26.9.1986; 23.12.1988 (see erratum 27.1.1989);

19.5.1989. Rep 2005 (407), Sch 1 [30].Div 5 Rep 2005 (407), Sch 1 [30].



Rule 23 Am 2.6.1972. Subst 25.2.1983. Am 23.3.1984; 12.7.1985; 26.9.1986; 23.12.1988; 24.2.1989. Rep 2005 (407), Sch 1 [30].

Rule 24 Subst 23.6.1989. Am 26.4.1996. Rep 2005 (407), Sch 1 [30].Rule 25 Rep 29.6.1984.Rules 26, 27 Rep 2005 (407), Sch 1 [30].Rule 28 Ins 23.5.1980. Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Rule 29 Ins 26.9.1986 (see errata 19.12.1986, 30.1.1987). Rep 23.12.1988.Part 15A (Rules 1–4)

Ins 28.1.2000. Rep 2005 (407), Sch 1 [30].

Part 16 Rep 2005 (407), Sch 1 [30].Div 1, heading Ins 20.9.1991. Rep 2005 (407), Sch 1 [30].Rule 1 Am 21.12.1979; 8.10.1982; 9.12.1983; 20.4.1990. Rep 2005 (407), Sch

1 [30].Rule 1A Ins 9.12.1983. Am 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407),

Sch 1 [30].Rules 2–4 Rep 2005 (407), Sch 1 [30].Rule 5 Am 24.4.1986. Rep 2005 (407), Sch 1 [30].Rule 5A Ins 6.9.1974. Rep 2005 (407), Sch 1 [30].Rule 5B Ins 23.9.1988. Rep 2005 (407), Sch 1 [30].Rule 6 Am 26.9.1986; 23.12.1988; 20.4.1990. Rep 2005 (407), Sch 1 [30].Rule 7 Am 6.9.1974; 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].Div 2 (Rule 8) Ins 20.9.1991. Rep 2005 (407), Sch 1 [30].Part 16A (Rules 1–5)

Ins 10.12.1993. Rep 21.8.1998.

Part 17 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 2 Am 2.6.1972; 20.10.1972; 25.2.1983; 26.9.1986; 23.12.1988. Rep 2005

(407), Sch 1 [30].Rule 3 Rep 2005 (407), Sch 1 [30].Rule 4 Am 1.8.1975; 8.10.1982; 9.12.1983. Subst 23.12.1994. Am 25.10.1996.

Rep 2005 (407), Sch 1 [30].Rules 5, 6 Rep 2005 (407), Sch 1 [30].Rule 7 Subst 4.5.1973. Rep 2005 (407), Sch 1 [30].Rule 8 Rep 2005 (407), Sch 1 [30].



Rule 9 Am 4.5.1973; 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 10 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Part 18 Rep 2005 (407), Sch 1 [30].Rules 1, 2 Rep 2005 (407), Sch 1 [30].Rule 3 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rules 4–6 Rep 2005 (407), Sch 1 [30].Part 19 Rep 2005 (407), Sch 1 [30].Rule 1 Am 24.5.1974; 24.2.1995. Rep 2005 (407), Sch 1 [30].Rule 2 Am 2.6.1972. Subst 24.2.1995. Rep 2005 (407), Sch 1 [30].Rule 3 Rep 2005 (407), Sch 1 [30].Rule 4 Am 24.2.1995. Rep 2005 (407), Sch 1 [30].Rule 5 Subst 24.2.1995. Rep 2005 (407), Sch 1 [30].Rule 6 Rep 2.6.1972.Rules 7, 8 Am 24.2.1995. Rep 2005 (407), Sch 1 [30].Part 20 Rep 2005 (407), Sch 1 [30].Rule 1 Am 16.3.1990; 24.11.1995; 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 2 Subst 7.5.1982; 19.12.1986. Am 16.3.1990; 15.2.1991; 15.3.1991. Rep

2005 (407), Sch 1 [30].Rule 2A Ins 7.5.1982. Am 26.9.1986 (see erratum 30.1.1987); 23.12.1988. Rep

2005 (407), Sch 1 [30].Rule 3 Am 7.5.1982; 19.12.1986; 16.3.1990. Rep 2005 (407), Sch 1 [30].Rule 4 Am 20.10.1972; 5.12.1975; 27.4.1984; 20.10.1989; 25.10.1996. Rep

2005 (407), Sch 1 [30].Rule 5 Am 20.10.1989; 16.3.1990. Rep 2005 (407), Sch 1 [30].Rule 6 Rep 2005 (407), Sch 1 [30].Rule 7 Am 26.9.1986; 20.10.1989; 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 8 Am 20.10.1989. Rep 2005 (407), Sch 1 [30].Rule 9 Am 26.8.1988. Rep 2005 (407), Sch 1 [30].Rule 10 Am 2.6.1972; 25.10.1996. Rep 2005 (407), Sch 1 [30].Part 21 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 2 Am 2.6.1972. Subst 20.12.1974; 12.7.1985. Am 16.3.1990. Rep 2005

(407), Sch 1 [30].



Rule 3 Rep 2005 (407), Sch 1 [30].Rule 4 Rep 25.10.1996.Rule 5 Am 2.4.1993; 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 6 Am 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 7 Am 12.7.1985; 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 8 Rep 2005 (407), Sch 1 [30].Part 22 Subst 23.6.1989. Rep 2005 (407), Sch 1 [30].Heading Am 31.8.1984. Subst 23.6.1989. Rep 2005 (407), Sch 1 [30].Div 1, heading Ins 10.12.1993. Rep 2005 (407), Sch 1 [30].Rule 1 Ins 10.12.1993. Am 24.6.1994. Rep 2005 (407), Sch 1 [30].Rule 1A (previously Rule 1)

Am 31.8.1984. Subst 23.6.1989. Am 20.9.1991. Renumbered 10.12.1993. Am 10.12.1993 (see errata 24.12.1993). Rep 2005 (407), Sch 1 [30].

Rule 2 Am 21.12.1979; 31.8.1984. Subst 23.6.1989. Am 19.4.1991. Rep 2005 (407), Sch 1 [30].

Rule 3 Am 29.3.1974. Subst 23.6.1989. Am 19.4.1991; 16.8.1991; 10.12.1993 (see erratum 24.12.1993); 24.6.1994; 29.11.1996. Rep 2005 (407), Sch 1 [30].

Rule 4 Subst 23.6.1989; 14.12.1990. Rep 2005 (407), Sch 1 [30].Rule 5 Am 31.8.1984. Subst 23.6.1989. Am 22.9.1989; 14.12.1990. Rep 2005

(407), Sch 1 [30].Rule 6 Subst 23.6.1989. Am 10.12.1993. Rep 2005 (407), Sch 1 [30].Rule 7 Am 2.6.1972. Subst 23.6.1989. Am 24.5.1991; 16.8.1991; 27.3.1992;

24.6.1994; 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407), Sch 1 [30].

Rule 8 Am 31.8.1984. Subst 23.6.1989. Am 14.12.1990; 25.10.1996. Rep 2005 (407), Sch 1 [30].

Rule 9, headnote Subst 31.8.1984. Rep 23.6.1989.Rule 9 Am 22.8.1986. Subst 23.6.1989. Am 24.6.1994. Rep 2005 (407), Sch 1

[30].Div 2, heading Ins 10.12.1993. Rep 2005 (407), Sch 1 [30].Rules 10, 11 Rep 23.6.1989. Ins 10.12.1993. Rep 2005 (407), Sch 1 [30].Div 3, heading Ins 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 12, headnote

Subst 31.8.1984. Rep 23.6.1989. Ins 25.10.1996. Rep 2005 (407), Sch 1 [30].



Rule 12 Am 2.6.1972. Subst 9.12.1983. Am 31.8.1984. Rep 23.6.1989. Ins 25.10.1996 (see erratum 29.11.1996). Am 19.11.1999. Rep 2005 (407), Sch 1 [30].

Rule 13 Rep 23.6.1989.Rule 14 Am 2.6.1972; 6.9.1974; 21.10.1977; 8.10.1982; 9.12.1983; 31.8.1984;

21.12.1984; 20.12.1985; 27.6.1986; 22.8.1986 (see erratum 3.10.1986); 23.10.1987; 19.2.1988; 24.2.1989. Rep 23.6.1989.

Rule 15 Rep 23.6.1989.Part 23 Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].Rule 1 Am 23.3.1984; 26.9.1986; 24.5.1991. Subst 19.7.1996. Am 23.8.1996;

27.8.1999; 19.11.1999. Rep 2005 (407), Sch 1 [30].Rule 2 Am 26.9.1986. Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].Rule 3 Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].Rule 4 Am 26.9.1986; 23.12.1988. Subst 19.7.1996. Am 23.5.1997. Rep 2005

(407), Sch 1 [30].Rule 5 Am 9.12.1983; 26.9.1986. Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].Rule 6 Am 20.9.1991. Subst 19.7.1996. Rep 2005 (407), Sch 1 [30].Rule 6A Ins 30.4.1976. Rep 24.5.1996.Rule 7 Am 26.9.1986. Rep 19.7.1996.Rule 8 Am 25.2.1983; 26.9.1986; 24.2.1989. Rep 19.7.1996.Rule 9 Am 26.9.1986; 23.2.1990. Rep 19.7.1996.Rule 10 Am 26.9.1986. Rep 19.7.1996.Rules 11–14 Rep 19.7.1996.Rule 15 Am 21.10.1977; 26.9.1986; 20.10.1989; 23.2.1990; 30.3.1990;

20.9.1991. Rep 19.7.1996.Rule 15A Ins 21.6.1991. Rep 19.7.1996.Rule 16 Subst 24.5.1996. Am 23.8.1996. Rep 19.7.1996. For proceedings

commenced before 1.10.1996, see also paragraph 3 of GG No 98 of 27.8.1999, p 7460 and paragraph 3 of GG No 130 of 19.11.1999, p 10696.

Part 24 Rep 2005 (407), Sch 1 [30].Rule 1 Am 2.6.1972; 23.3.1984; 26.9.1986; 20.11.1987; 24.5.1991. Rep 2005

(407), Sch 1 [30].Rule 2 Am 26.9.1986. Rep 2005 (407), Sch 1 [30].Rule 3 Rep 2005 (407), Sch 1 [30].Rule 4 Am 26.9.1986; 23.12.1988. Rep 2005 (407), Sch 1 [30].



Rule 5 Am 26.9.1986 (see erratum 30.1.1987). Rep 2005 (407), Sch 1 [30].Rule 6 Am 23.8.1996; 27.8.1999; 19.11.1999. Rep 2005 (407), Sch 1 [30].Rule 7 Am 25.2.1983; 26.9.1986; 24.2.1989. Rep 2005 (407), Sch 1 [30].Rule 8 Rep 2005 (407), Sch 1 [30].Rule 9 Am 21.10.1977; 26.9.1986; 20.10.1989; 16.3.1990; 30.3.1990;

20.9.1991. Rep 2005 (407), Sch 1 [30].Rule 10 Rep 2005 (407), Sch 1 [30].Rule 11 Rep 23.8.1996.Part 25 Rep 2005 (407), Sch 1 [30].Div 1 Rep 2005 (407), Sch 1 [30].Rules 1–3 Am 26.9.1986. Rep 2005 (407), Sch 1 [30].Rule 4 Rep 2005 (407), Sch 1 [30].Rules 5, 6 Am 26.9.1986. Rep 2005 (407), Sch 1 [30].Rule 7 Am 2.6.1972; 29.8.1980. Rep 26.9.1986.Div 1A (Rules 7A, 7B)

Ins 26.9.1986. Am 24.7.1992. Rep 2005 (407), Sch 1 [30].

Div 2 Rep 2005 (407), Sch 1 [30].Rule 8 Am 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].Rule 9 Rep 25.8.1995.Div 3 Rep 2005 (407), Sch 1 [30].Rule 10 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Part 26 Subst 23.3.1984. Rep 2005 (407), Sch 1 [30].Rule 1 Am 21.4.1978. Subst 23.3.1984. Am 21.9.1984; 24.4.1986. Rep 2005

(407), Sch 1 [30].Rule 2 Am 21.4.1978. Subst 23.3.1984. Rep 2005 (407), Sch 1 [30].Rule 3 Rep 23.3.1984. Ins 28.1.2000. Rep 2005 (407), Sch 1 [30].Rules 4–8 Rep 23.3.1984.Part 27 Rep 2005 (407), Sch 1 [30].Heading Am 12.9.1986; 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 1 Am 23.5.1980; 25.7.1986; 24.10.1986. Subst 19.5.1989. Am 21.7.1995.

Rep 2005 (407), Sch 1 [30].Rule 1A Ins 12.9.1986. Subst 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 1B Ins 19.5.1989. Am 25.10.1996; 19.2.1999. Rep 2005 (407), Sch 1 [30].



Rules 1C, 1D Ins 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 2 Am 12.9.1986; 19.5.1989; 23.12.1994. Rep 2005 (407), Sch 1 [30].Rule 2A Ins 12.9.1986. Rep 2005 (407), Sch 1 [30].Rule 2B Ins 21.11.1986. Am 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 3 Am 23.5.1980; 12.9.1986; 19.5.1989. Rep 2005 (407), Sch 1 [30].Rules 4, 5 Am 2.6.1972. Rep 2005 (407), Sch 1 [30].Rule 6 Subst 23.5.1980. Am 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 7 Am 23.5.1980; 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 8 Am 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 8A Ins 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 9 Am 23.5.1980; 19.5.1989. Rep 2005 (407), Sch 1 [30].Rule 10 Rep 2005 (407), Sch 1 [30].Rule 11 Am 23.5.1980. Rep 2005 (407), Sch 1 [30].Rule 12 Am 12.9.1986. Rep 2005 (407), Sch 1 [30].Rule 13 Am 19.12.1986. Rep 2005 (407), Sch 1 [30].The whole Part Am 28.4.1995 (“Evidence Act 1905” and “Evidence Act 1905 of the

Commonwealth” omitted wherever occurring, “Foreign Evidence Act” inserted instead; “7V (1)”, “7V (3)” and “7W” omitted wherever occurring, “7 (1)”, “8 (1)” and “10” inserted instead respectively). Rep 2005 (407), Sch 1 [30].

Part 28 Rep 2005 (407), Sch 1 [30].Rule 1 Am 2.6.1972; 18.12.1987; 21.7.1995; 20.6.1997; 25.8.2000. Rep 2005

(407), Sch 1 [30].Rules 2–6 Rep 2005 (407), Sch 1 [30].Rule 7 Subst 23.3.1984; 7.12.1984. Rep 2005 (407), Sch 1 [30].Rule 8 Rep 23.3.1984.Rule 12A Ins 2.6.1972. Rep 20.10.1972.Part 29 Rep 2005 (407), Sch 1 [30].Rules 1–4 Rep 2005 (407), Sch 1 [30].Rule 5 Am 6.9.1974; 8.10.1982; 9.12.1983; 21.12.1984; 20.12.1985; 27.6.1986;

23.10.1987; 19.2.1988; 24.2.1989; 18.8.1989; 24.8.1990. Rep 2005 (407), Sch 1 [30].

Rules 6, 7 Rep 2005 (407), Sch 1 [30].



Part 30 (Rules 1–5)

Rep 2005 (407), Sch 1 [30].

Part 31 Rep 2005 (407), Sch 1 [30].Heading Subst 22.8.1975. Rep 2005 (407), Sch 1 [30].Div 1 Rep 2005 (407), Sch 1 [30].Rules 1, 2 Rep 2005 (407), Sch 1 [30].Rule 3 Rep 22.8.1975.Rule 4 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 5 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 6 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Div 2 Rep 2005 (407), Sch 1 [30].Rule 7 Ins 22.8.1975. Rep 2005 (407), Sch 1 [30].Part 32 Rep 2005 (407), Sch 1 [30].Div 1 Rep 2005 (407), Sch 1 [30].Rule 1 Subst 1.8.1975. Am 19.10.1979. Rep 2005 (407), Sch 1 [30].Rule 2 Rep 2005 (407), Sch 1 [30].Rule 3 Rep 2.6.1972. Ins 7.9.1973. Rep 17.6.1988.Div 2 Rep 2005 (407), Sch 1 [30].Rules 4–7 Rep 2005 (407), Sch 1 [30].Rule 8 Am 26.8.1988; 21.4.1989. Rep 2005 (407), Sch 1 [30].Div 3 Ins 1.8.1975. Rep 29.8.2003.Rule 9 Ins 1.8.1975. Subst 19.2.1999. Rep 29.8.2003.Rule 9A Ins 23.5.1980. Rep 29.8.2003.Rules 10–14 Ins 1.8.1975. Rep 29.8.2003.Rule 14A Ins 21.9.1979. Rep 29.8.2003.Rules 15–19 Ins 1.8.1975. Rep 29.8.2003.Rule 20 Ins 1.8.1975. Am 21.9.1979; 12.10.1979. Rep 29.8.2003.Rule 21 Ins 1.8.1975. Rep 29.8.2003.Div 4 Ins 1.8.1975. Am 30.10.1992 (“appellant” and “respondent” omitted

wherever occurring, “plaintiff” and “defendant” inserted instead); 26.2.1993 (“determination or direction” omitted wherever occurring, “decision” inserted instead). Rep 2005 (407), Sch 1 [30].

Rule 22 Ins 1.8.1975. Subst 30.10.1992. Rep 2005 (407), Sch 1 [30].



Rule 22A Ins 16.8.1991. Rep 30.10.1992.Rule 23 Ins 1.8.1975. Am 30.10.1992; 27.11.1992. Rep 2005 (407), Sch 1 [30].Rule 24 Ins 1.8.1975. Subst 30.10.1992. Rep 2005 (407), Sch 1 [30].Rules 25, 26 Ins 1.8.1975. Am 30.10.1992. Rep 2005 (407), Sch 1 [30].Rule 27 Ins 1.8.1975. Rep 2005 (407), Sch 1 [30].Rule 27A, headnote

Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

Rule 27A Ins 21.9.1979. Am 30.10.1992. Rep 2005 (407), Sch 1 [30].Rules 28, 29 Ins 1.8.1975. Rep 2005 (407), Sch 1 [30].Rule 30 Ins 1.8.1975. Am 21.9.1979 (see erratum 12.10.1979). Rep 2005 (407),

Sch 1 [30].Rule 31 Ins 1.8.1975. Am 30.10.1992. Rep 2005 (407), Sch 1 [30].Rule 32 Ins 1.8.1975. Am 21.9.1979. Rep 2005 (407), Sch 1 [30].Rule 33 Ins 1.8.1975. Am 30.10.1992; 19.2.1999. Rep 2005 (407), Sch 1 [30].Rules 34, 35 Ins 1.8.1975. Rep 2005 (407), Sch 1 [30].Rule 35, footnote

Am 30.10.1992. Rep 2005 (407), Sch 1 [30].

Div 5 (Rules 36–39)

Ins 26.3.1976. Rep 24.11.1978.

Part 32A Ins 21.8.1998. Rep 2005 (407), Sch 1 [30].Heading Ins 21.8.1998. Am 23.10.1998. Rep 2005 (407), Sch 1 [30].Rule 1 Ins 21.8.1998. Am 23.10.1998. Rep 2005 (407), Sch 1 [30].Rule 2 Ins 21.8.1998. Am 28.11.2003. Rep 2005 (407), Sch 1 [30].Rule 3 Ins 21.8.1998. Rep 2005 (407), Sch 1 [30].Part 33 Rep 2005 (407), Sch 1 [30].Rules 1, 2 Rep 2005 (407), Sch 1 [30].Rule 3 Am 28.4.1995. Rep 2005 (407), Sch 1 [30].Rule 4 Rep 2005 (407), Sch 1 [30].Rule 5 Am 30.3.1973; 31.5.1985; 24.4.1986; 21.11.1986; 15.12.1989; 7.8.1998;

19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [30].Rule 6 Am 22.7.1977; 25.11.1994. Rep 2005 (407), Sch 1 [30].Rule 7 Rep 23.3.1984.Rule 8 Am 30.3.1973; 22.12.1989. Rep 2005 (407), Sch 1 [30].



Rule 8A Ins 30.3.1973. Am 26.9.1986; 21.11.1986; 20.3.1987 (see erratum 10.4.1987); 19.6.1987; 23.2.1990; 31.3.1994. Rep 2005 (407), Sch 1 [30].

Rule 8B Ins 20.4.1990. Rep 2005 (407), Sch 1 [30].Rule 9 Am 30.3.1973. Rep 2005 (407), Sch 1 [30].Part 34 Rep 2005 (407), Sch 1 [30].Rules 1, 2 Rep 2005 (407), Sch 1 [30].Rule 3 Subst 2.6.1972. Am 25.10.1974; 4.4.1975; 19.11.1993 (see erratum

26.11.1993); 25.6.1999. Subst 1.11.2002. Rep 2005 (407), Sch 1 [30].Rules 4–6 Rep 2005 (407), Sch 1 [30].Rule 6AA Ins 28.1.2000 (see also 25.2.2000). Rep 2005 (407), Sch 1 [30].Rule 6A Ins 12.7.1985. Rep 2005 (407), Sch 1 [30].Rule 7 Am 2.6.1972; 23.7.1976; 12.7.1985; 24.4.1986; 15.12.1989; 20.4.1990;

25.6.1999. Rep 2005 (407), Sch 1 [30].Rule 8 Am 2.6.1972. Subst 23.7.1976. Am 30.3.1990. Rep 2005 (407), Sch 1

[30].Rule 8A, headnote

Ins 25.10.1991. Rep 2005 (407), Sch 1 [30].

Rule 8A Ins 20.4.1990. Rep 2005 (407), Sch 1 [30].Rule 9 Rep 2005 (407), Sch 1 [30].Rule 10 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Part 35 (Rules 1–3)

Rep 2005 (407), Sch 1 [30].

Part 36 Rep 2005 (407), Sch 1 [30].Rule 1 Am 24.4.1986; 21.11.1986. Rep 2005 (407), Sch 1 [30].Rule 2 Am 9.12.1983; 27.3.1992; 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1

[30].Rule 2A Ins 25.7.1997 (see errata 8.8.1997 and 22.8.1997). Rep 2005 (407), Sch

1 [30].Rule 3 Rep 2005 (407), Sch 1 [30].Rule 4 Am 17.11.1989. Rep 2005 (407), Sch 1 [30].Rule 4A Ins 25.8.1989. Am 22.9.1989; 27.3.1992. Rep 2005 (407), Sch 1 [30].Rule 5 Rep 2005 (407), Sch 1 [30].Rule 6 Am 2.6.1972; 12.9.1986. Subst 19.5.1989. Am 17.11.1989; 28.4.1995;

21.7.1995. Rep 2005 (407), Sch 1 [30].



Rule 6B Ins 28.4.1995. Am 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 7 Am 14.2.1986; 21.3.1986; 20.2.1987. Rep 2005 (407), Sch 1 [30].Rule 8 Rep 2005 (407), Sch 1 [30].Rule 9 Am 14.2.1986; 20.2.1987. Rep 2005 (407), Sch 1 [30].Rule 10 Rep 2005 (407), Sch 1 [30].Rule 10A Ins 19.7.1985. Am 16.8.1991; 20.10.2000. Rep 2005 (407), Sch 1 [30].Rule 10B Ins 20.10.2000. Rep 2005 (407), Sch 1 [30].Rule 11 Rep 2005 (407), Sch 1 [30].Rule 12 Am 2.4.1982; 22.11.1985; 25.10.1991. Rep 2005 (407), Sch 1 [30].Rule 12A Ins 20.10.1972. Rep 2005 (407), Sch 1 [30].Rule 13 Am 22.11.1985; 21.6.1991. Subst 27.8.1999. Am 19.11.1999. Rep 2005

(407), Sch 1 [30].Rule 13A Ins 15.12.1972. Am 30.3.1973; 7.12.1973. Subst 17.8.1979. Am

29.8.1980; 27.4.1984. Subst 26.9.1986. Am 19.11.1993; 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

Rule 13B Ins 13.6.1975. Rep 30.4.1976. Ins 17.8.1979. Am 27.4.1984; 20.9.1985; 26.9.1986; 24.10.1986; 19.11.1993; 25.8.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].

Rule 13BA Ins 26.3.2004. Am 28.5.2004. Rep 2005 (407), Sch 1 [30].Rules 13BB, 13BC

Ins 26.3.2004. Rep 2005 (407), Sch 1 [30].

Rule 13C Ins 13.12.1991. Am 25.6.1993. Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].

Rule 13CA Ins 28.1.2000. Am 1.6.2001; 27.7.2001. Rep 2005 (407), Sch 1 [30].Rule 13D Ins 25.8.1995. Am 22.9.1995; 27.8.1999. Rep 2005 (407), Sch 1 [30].Rule 13E Ins 19.7.1996. Rep 2005 (407), Sch 1 [30].Rule 14, headnote

Am 21.2.1997. Rep 2005 (407), Sch 1 [30].

Rule 14 Rep 2005 (407), Sch 1 [30].Rule 15, headnote

Am 21.2.1997. Rep 2005 (407), Sch 1 [30].

Rule 15 Rep 2005 (407), Sch 1 [30].Rule 16 Am 2.6.1972; 2.4.1982; 24.12.1982; 14.7.1989; 21.5.1999; 27.8.1999;

26.3.2004. Rep 2005 (407), Sch 1 [30].Part 36A (Rules 1–8)

Ins 1.3.1996. Rep 2005 (407), Sch 1 [30].



Part 37 Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 1 Am 2.6.1972; 6.7.1979; 2.4.1982. Subst 26.3.2004. Rep 2005 (407), Sch

1 [30].Rule 2 Am 2.6.1972; 2.4.1982; 23.9.1988. Subst 26.3.2004. Rep 2005 (407),

Sch 1 [30].Rule 3 Am 2.6.1972; 2.4.1982. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 3A Ins 17.8.1979. Am 2.4.1982; 20.9.1985; 26.2.1993. Rep 26.3.2004.Rule 4 Am 2.6.1972. Subst 2.4.1982. Am 2.4.1993; 1.3.1996; 19.3.1999. Subst

26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 5 Am 2.6.1972; 2.4.1982; 25.8.1995. Subst 26.3.2004. Rep 2005 (407),

Sch 1 [30].Rule 6 Am 2.6.1972; 6.7.1979; 2.4.1982; 26.9.1986; 24.10.1986. Subst

26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 7 Am 17.8.1979; 2.4.1982; 24.2.1989; 10.12.1993; 19.3.1999. Subst

26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 7A Ins 17.8.1979. Am 2.4.1982; 20.9.1985; 20.10.1989; 6.3.1992. Rep

26.3.2004.Rule 8 Subst 2.4.1982; 26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 9 Ins 2.4.1982. Subst 26.8.1988. Am 25.8.1995. Subst 26.3.2004. Rep

2005 (407), Sch 1 [30].Rule 10 Ins 24.12.1982. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].Rule 11 Ins 2.10.1992. Subst 26.3.2004. Rep 2005 (407), Sch 1 [30].Rules 12, 13 Ins 26.3.2004. Rep 2005 (407), Sch 1 [30].Part 38 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 2 Am 2.6.1972; 22.9.1989; 21.2.1997; 20.2.1998. Rep 2005 (407), Sch 1

[30].Rule 3 Am 26.9.1986. Rep 2005 (407), Sch 1 [30].Rule 4 Subst 25.10.1996. Rep 2005 (407), Sch 1 [30].Rule 4A Ins 8.7.1983. Rep 24.9.1993.Rule 5 Subst 26.9.1986. Rep 2005 (407), Sch 1 [30].Rule 6 Rep 14.2.1986. Ins 26.9.1986. Am 21.4.1989. Subst 21.10.1994. Rep

2005 (407), Sch 1 [30].Rule 7 Subst 2.6.1972. Am 14.2.1986; 27.11.1992. Rep 2005 (407), Sch 1 [30].Rule 7A Ins 22.4.1994. Rep 2005 (407), Sch 1 [30].



Rule 8 Rep 2005 (407), Sch 1 [30].Rule 9 Am 26.9.1986; 24.10.1986. Rep 2005 (407), Sch 1 [30].Part 39 Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].Div 1 Rep 2005 (407), Sch 1 [30].Rule 1 Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].Rule 2 Am 22.11.1985. Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].Rules 3–5 Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].Rule 6 Subst 28.1.2000; 23.5.2003. Rep 2005 (407), Sch 1 [30].Div 2 Rep 2005 (407), Sch 1 [30].Rule 7 Am 23.10.1998. Subst 28.1.2000. Rep 2005 (407), Sch 1 [30].Part 40 Rep 2005 (407), Sch 1 [30].Heading Am 4.5.1973. Rep 2005 (407), Sch 1 [30].Div 1 Rep 2005 (407), Sch 1 [30].Rules 1, 2 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 3 Am 9.12.1983; 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 4 Subst 12.7.1985. Rep 2005 (407), Sch 1 [30].Rules 5, 6 Rep 2005 (407), Sch 1 [30].Rule 7 Am 6.9.1974; 8.10.1982; 9.12.1983; 21.12.1984; 20.12.1985; 27.6.1986;

20.2.1987; 20.3.1987; 23.10.1987; 19.2.1988; 24.2.1989; 18.8.1989; 30.3.1990; 24.8.1990; 25.11.1994; 23.2.1996; 19.11.1999. Rep 2005 (407), Sch 1 [30].

Rule 8 Am 25.10.1974; 23.5.1997. Rep 2005 (407), Sch 1 [30].Rule 9 Am 2.6.1972; 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 10 Am 7.12.1984. Rep 2005 (407), Sch 1 [30].Div 2 Ins 4.5.1973. Rep 2005 (407), Sch 1 [30].Rule 11 Ins 4.5.1973. Am 20.12.1974; 23.3.1984; 22.3.1985; 30.3.1990;

24.2.1995; 24.11.1995; 19.12.1997. Subst 24.4.1998. Am 24.7.1998. Rep 2005 (407), Sch 1 [30].

Rule 12 Ins 23.3.1984. Rep 22.3.1985. Ins 24.6.1994. Subst 23.5.1997. Am 21.8.1998. Rep 2005 (407), Sch 1 [30].

Part 41 Rep 2005 (407), Sch 1 [30].Heading Am 22.5.1992. Rep 2005 (407), Sch 1 [30].Div 1 Rep 30.3.1990.Rule 1 Am 24.4.1986. Rep 30.3.1990.



Div 2 Rep 2005 (407), Sch 1 [30].Rule 2 Am 23.6.1972. Rep 30.3.1990.Rule 3 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 4 Subst 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 5 Rep 30.3.1990.Rule 6 Rep 2005 (407), Sch 1 [30].Rule 7 Am 30.3.1979; 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 8 Rep 2005 (407), Sch 1 [30].Div 3 Rep 2005 (407), Sch 1 [30].Rule 9 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Div 4 Rep 2005 (407), Sch 1 [30].Rule 10 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 11 Am 7.12.1984; 30.3.1990; 21.5.1999. Rep 2005 (407), Sch 1 [30].Rule 12 Rep 30.3.1990.Rule 13 Am 30.3.1979. Subst 30.3.1990. Am 25.2.1994; 24.5.1996; 23.5.1997;

23.7.1999; 24.12.1999 (see also 25.2.2000). Rep 2005 (407), Sch 1 [30].Rule 14 Rep 30.3.1990.Div 5 Rep 2005 (407), Sch 1 [30].Rule 15, headnote

Subst 22.5.1992. Rep 2005 (407), Sch 1 [30].

Rule 15 Am 2.6.1972; 24.4.2003. Rep 2005 (407), Sch 1 [30].Rule 15A Ins 22.5.1992. Rep 2005 (407), Sch 1 [30].Rule 15B (previously Rule 15A), headnote

Subst 22.5.1992. Rep 2005 (407), Sch 1 [30].

Rule 15B (previously Rule 15A)

Ins 5.10.1973. Am 23.12.1988. Renumbered 22.5.1992. Am 2.10.1992. Rep 2005 (407), Sch 1 [30].

Rule 16 Rep 2005 (407), Sch 1 [30].Part 42 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 2 Am 19.12.1997. Rep 2005 (407), Sch 1 [30].Rule 3 Am 22.8.1975; 19.12.1997. Rep 2005 (407), Sch 1 [30].



Rule 4 Am 20.10.1972; 4.5.1973; 2.4.1993; 19.12.1997. Rep 2005 (407), Sch 1 [30].

Rule 5 Am 2.4.1993. Rep 2005 (407), Sch 1 [30].Rule 6 Am 12.7.1985; 19.12.1997. Rep 2005 (407), Sch 1 [30].Rule 7 Am 2.4.1982. Rep 2005 (407), Sch 1 [30].Rule 8 Am 2.6.1972; 12.7.1985; 20.10.1989; 30.3.1990. Rep 2005 (407), Sch 1

[30].Rules 9–12 Rep 2005 (407), Sch 1 [30].Rule 13 Am 28.7.1978. Rep 2005 (407), Sch 1 [30].Part 43 Rep 2005 (407), Sch 1 [30].Rules 1–3 Rep 2005 (407), Sch 1 [30].Rule 4 Am 2.6.1972. Subst 2.4.1982; 19.2.1988. Rep 2005 (407), Sch 1 [30].Part 44 Rep 2005 (407), Sch 1 [30].Rules 1–5 Rep 2005 (407), Sch 1 [30].Rule 6 Am 24.6.1994; 21.8.1998. Rep 2005 (407), Sch 1 [30].Rule 7 Am 2.6.1972; 2.4.1993; 24.6.1994; 21.8.1998. Rep 2005 (407), Sch 1

[30].Rules 8, 9 Rep 2005 (407), Sch 1 [30].Rule 10 Subst 2.4.1993. Am 24.6.1994; 21.8.1998. Rep 2005 (407), Sch 1 [30].Rule 11 Ins 28.5.1982. Am 30.9.1988. Subst 2.4.1993. Rep 2005 (407), Sch 1

[30].Part 45 Rep 2005 (407), Sch 1 [30].Rules 1–3 Rep 2005 (407), Sch 1 [30].Rule 4 Am 28.5.1982. Rep 2005 (407), Sch 1 [30].Rule 5 Rep 2005 (407), Sch 1 [30].Rule 6 Subst 30.9.1988. Am 26.2.1993. Rep 2005 (407), Sch 1 [30].Rules 7, 8 Subst 30.9.1988. Rep 2005 (407), Sch 1 [30].Rules 9–12 Ins 28.5.1982. Subst 30.9.1988. Rep 2005 (407), Sch 1 [30].Rule 13 Ins 28.5.1982. Subst 30.9.1988; 24.7.1992. Rep 2005 (407), Sch 1 [30].Rule 14 Ins 28.5.1982. Subst 30.9.1988. Rep 2005 (407), Sch 1 [30].Rule 15 Ins 28.5.1982. Subst 30.9.1988. Am 23.2.1990. Rep 2005 (407), Sch 1

[30].Rule 16 Ins 28.5.1982. Subst 30.9.1988. Am 2.4.1993; 24.6.1994. Rep 2005

(407), Sch 1 [30].



Rule 17 Ins 28.5.1982. Subst 30.9.1988. Am 26.2.1993. Rep 2005 (407), Sch 1 [30].

Rule 18 Ins 28.5.1982. Subst 30.9.1988. Am 23.2.1990. Rep 2005 (407), Sch 1 [30].

Rule 19 Ins 30.9.1988. Am 2.4.1993; 24.6.1994. Rep 2005 (407), Sch 1 [30].Rules 20–23 Ins 30.9.1988. Rep 2005 (407), Sch 1 [30].Rule 24 Ins 30.9.1988. Am 2.4.1993; 24.6.1994 (see erratum 1.7.1994). Rep

2005 (407), Sch 1 [30].Part 46 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 2 Rep 1.5.1987.Rule 3 Am 1.5.1987; 2.4.1993. Rep 2005 (407), Sch 1 [30].Rule 4 Rep 2005 (407), Sch 1 [30].Rule 5 Am 1.5.1987. Rep 2005 (407), Sch 1 [30].Rule 6 Am 6.3.1992. Rep 2005 (407), Sch 1 [30].Rules 7, 8 Am 2.4.1993. Rep 2005 (407), Sch 1 [30].Rule 9 Subst 1.5.1987. Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 10 Am 30.3.1990. Rep 2005 (407), Sch 1 [30].Rule 10A Ins 4.4.1975. Subst 1.5.1987. Rep 2005 (407), Sch 1 [30].Rule 11 Am 4.4.1975; 1.5.1987. Rep 2005 (407), Sch 1 [30].Rule 12 Am 2.4.1993; 24.6.1994. Rep 2005 (407), Sch 1 [30].Part 47 Rep 2005 (407), Sch 1 [30].Rule 1 Rep 2005 (407), Sch 1 [30].Rule 1A Ins 30.3.1973. Rep 2005 (407), Sch 1 [30].Rules 2, 3 Rep 2005 (407), Sch 1 [30].Part 48 (Rules 1–8)

Rep 2006 (405), Sch 1 [2].

Part 49 Rep 2006 (405), Sch 1 [2].Div 1 Rep 2006 (405), Sch 1 [2].Rule 1 Am 30.3.1990; 7.8.1998; 23.10.1998; 19.2.1999; 25.6.1999; 19.10.2001

(see also 26.10.2001). Rep 2006 (405), Sch 1 [2].Rule 2 Rep 2006 (405), Sch 1 [2].Rule 3 Am 30.3.1990. Rep 2006 (405), Sch 1 [2].



Rules 4–7 Rep 2006 (405), Sch 1 [2].Rule 8 Am 6.9.1974; 8.10.1982; 9.12.1983; 21.12.1984; 20.12.1985; 27.6.1986;

20.3.1987; 24.8.1990. Rep 2006 (405), Sch 1 [2].Rule 9 Am 6.9.1974; 23.12.1977. Rep 2006 (405), Sch 1 [2].Div 2 Rep 2006 (405), Sch 1 [2].Rules 10–18 Rep 2006 (405), Sch 1 [2].Rule 19 Am 26.9.1986. Rep 2006 (405), Sch 1 [2].Part 50 Rep 2005 (407), Sch 1 [31].Rule 1 Am 21.12.1979. Rep 2005 (407), Sch 1 [31].Rule 2 Rep 2005 (407), Sch 1 [31].Rule 3 Am 21.12.1979. Rep 2005 (407), Sch 1 [31].Rule 4 Rep 2005 (407), Sch 1 [31].Rule 5 Am 19.7.1996. Rep 2005 (407), Sch 1 [31].Rule 5A Ins 28.11.2003. Rep 2005 (407), Sch 1 [31].Rule 6 Am 25.3.1977; 21.12.1979; 12.7.1985; 23.6.1989. Subst 28.11.2003.

Rep 2005 (407), Sch 1 [31].Rule 6A Ins 21.12.1979. Rep 2005 (407), Sch 1 [31].Rule 6AA Ins 28.11.2003. Rep 2005 (407), Sch 1 [31].Rule 6B Ins 21.12.1979. Am 20.2.1987; 28.11.2003. Rep 2005 (407), Sch 1 [31].Rule 7 Rep 2005 (407), Sch 1 [31].Rule 8 Am 20.10.2000. Rep 2005 (407), Sch 1 [31].Rule 9 Rep 2005 (407), Sch 1 [31].Rule 10 Am 21.2.1992. Rep 2005 (407), Sch 1 [31].Rules 11, 12 Rep 2005 (407), Sch 1 [31].Part 51 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Div 1 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 1 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 2 Ins 23.5.1997. Am 5.12.1997; 24.12.1999; 29.8.2003; 2005 (407), Sch 1

[32]. Rep 2007 (446), Sch 1 [1].Rule 3 Ins 23.5.1997. Am 20.4.2000; 2005 (407), Sch 1 [33]. Rep 2007 (446),

Sch 1 [1].Div 2 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 4 Ins 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [1].



Rules 4A–4D Ins 5.12.1997. Rep 2007 (446), Sch 1 [1].Rules 5, 6 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Rule 7 Ins 23.5.1997. Am 2005 (407), Sch 1 [34]. Rep 2007 (446), Sch 1 [1].Rules 8–11 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Rule 12 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 13 Ins 23.5.1997. Am 23.10.1998. Rep 2007 (446), Sch 1 [1].Rule 14 Ins 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [1].Rule 15 Ins 23.5.1997. Am 20.2.1998. Rep 2007 (446), Sch 1 [1].Rule 16 Ins 23.5.1997. Am 2005 (407), Sch 1 [35]. Rep 2007 (446), Sch 1 [1].Rule 17 Ins 23.5.1997. Subst 5.12.1997. Rep 2007 (446), Sch 1 [1].Rule 18 Ins 23.5.1997. Am 5.12.1997; 20.4.2000; 30.6.2000. Rep 2007 (446),

Sch 1 [1].Rules 19–21 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Rules 22–26 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 27 Ins 23.5.1997. Am 5.12.1997 (see erratum 16.1.1998). Rep 2007 (446),

Sch 1 [1].Rule 28 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Div 3 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 29 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Rule 30 Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 30A (previously Rule 30)

Ins 23.5.1997. Am 20.4.2000. Renumbered 20.4.2000. Rep 2007 (446), Sch 1 [1].

Rule 31 Ins 23.5.1997. Am 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 32 Ins 23.5.1997. Am 23.10.1998. Subst 20.4.2000. Rep 2007 (446), Sch 1

[1].Rule 32A Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 33 Ins 23.5.1997. Am 24.9.1999; 20.4.2000; 11.5.2001. Rep 2007 (446),

Sch 1 [1].Rules 34, 35 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 35A Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 36 Ins 23.5.1997. Am 5.12.1997; 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 37 Ins 23.5.1997. Am 5.12.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1

[1].



Rules 37AA, 37A

Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].

Rule 38 Ins 23.5.1997. Rep 2005 (407), Sch 1 [36].Div 3A, heading Ins 23.5.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].Div 3A Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 39 Ins 23.5.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1 [1].Rules 40, 41 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Div 3B Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 42 Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 42A (previously Rule 42)

Ins 23.5.1997. Am 5.12.1997; 20.4.2000. Renumbered 20.4.2000. Rep 2007 (446), Sch 1 [1].

Rule 43 Ins 23.5.1997. Am 20.4.2000. Rep 2007 (446), Sch 1 [1].Div 4, heading Ins 23.5.1997. Am 30.6.2000. Rep 2007 (446), Sch 1 [1].Div 4 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 44 Ins 23.5.1997. Subst 5.12.1997; 20.4.2000; 30.6.2000. Rep 2007 (446),

Sch 1 [1].Rule 44A Ins 20.4.2000. Am 30.6.2000. Rep 2007 (446), Sch 1 [1].Rule 45 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 46 Ins 23.5.1997. Am 5.12.1997. Subst 20.4.2000. Rep 2007 (446), Sch 1

[1].Rule 46A Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 47 Ins 23.5.1997. Am 19.12.1997. Subst 20.4.2000. Am 30.6.2000. Rep

2007 (446), Sch 1 [1].Rule 47A Ins 20.4.2000. Rep 2007 (446), Sch 1 [1].Rule 48 Ins 23.5.1997. Am 5.12.1997. Subst 20.4.2000; 30.6.2000. Rep 2007

(446), Sch 1 [1].Rule 48A Ins 20.4.2000. Rep 30.6.2000.Div 5 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 49 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].Rule 50 Ins 23.5.1997. Am 5.12.1997; 13.6.2003; 2005 (407), Sch 1 [37]. Rep

2007 (446), Sch 1 [1].Rule 51 Ins 23.5.1997. Am 5.12.1997. Rep 2007 (446), Sch 1 [1].Rules 52–56 Ins 23.5.1997. Rep 2007 (446), Sch 1 [1].



Rule 57 Ins 23.5.1997. Am 5.12.1997; 2005 (407), Sch 1 [38]. Rep 2007 (446), Sch 1 [1].

Rule 58 Ins 23.5.1997. Am 2005 (407), Sch 1 [39] [40]. Rep 2007 (446), Sch 1 [1].

Rule 59 Ins 24.7.1998. Rep 2007 (446), Sch 1 [1].Part 51AA (previously Part 51)

Renumbered 23.5.1997. Rep 2005 (407), Sch 1 [41].

Div 1 Rep 2005 (407), Sch 1 [41].Rule 1A Ins 23.5.1997. Rep 2005 (407), Sch 1 [41].Rule 1 Am 2.6.1972; 4.5.1973; 24.8.1973; 19.10.1979; 19.12.1986; 30.3.1990;

24.12.1999; 29.8.2003. Rep 2005 (407), Sch 1 [41].Rule 2 Am 2.6.1972; 22.3.1996. Rep 2005 (407), Sch 1 [41].Div 2 Rep 2005 (407), Sch 1 [41].Rule 3, heading Am 25.2.1994. Rep 2005 (407), Sch 1 [41].Rule 3 Am 2.6.1972; 28.7.1978; 24.11.1978; 23.5.1980; 25.2.1994; 23.12.1994;

22.9.1995. Rep 2005 (407), Sch 1 [41].Rule 4 Am 2.6.1972; 28.7.1978; 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 5 Subst 2.6.1972; 3.9.1993. Am 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 5, footnote Am 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 5A Ins 2.6.1972. Am 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 5B Ins 20.12.1974. Rep 2005 (407), Sch 1 [41].Rule 6, heading Subst 16.8.1991. Am 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 6 Am 16.8.1991; 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 7 Subst 2.6.1972. Am 20.12.1974; 25.2.1994. Rep 2005 (407), Sch 1 [41].Rule 8 Am 2.6.1972; 16.8.1991; 3.9.1993; 24.6.1994; 23.12.1994; 22.9.1995.

Rep 2005 (407), Sch 1 [41].Rule 8A Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 8B Ins 19.8.1994. Am 23.10.1998. Rep 2005 (407), Sch 1 [41].Rule 9 Am 2.6.1972. Subst 3.9.1993. Am 24.9.1993. Rep 2005 (407), Sch 1

[41].Rule 10 Am 19.10.1979. Rep 2005 (407), Sch 1 [41].Rule 11 Am 3.9.1993. Rep 2005 (407), Sch 1 [41].Rule 12 Am 3.9.1993; 23.12.1994. Rep 2005 (407), Sch 1 [41].



Rule 13 Am 26.8.1988; 3.9.1993; 25.2.1994; 23.12.1994. Rep 2005 (407), Sch 1 [41].

Rule 13A Ins 5.12.1975. Rep 2005 (407), Sch 1 [41].Rule 13B, heading

Am 24.6.1994. Rep 2005 (407), Sch 1 [41].

Rule 13B Ins 16.8.1991. Am 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 14 Subst 5.12.1975. Am 30.4.1976; 24.11.1978; 26.8.1988; 16.8.1991;

3.9.1993; 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 15 Am 22.12.1978; 3.9.1993. Rep 2005 (407), Sch 1 [41].Rule 16 Am 30.4.1976; 30.3.1990; 23.12.1994; 24.2.1995. Rep 2005 (407), Sch

1 [41].Rule 17 Subst 2.6.1972; 23.12.1994. Am 25.10.1996. Rep 2005 (407), Sch 1

[41].Rule 17A Ins 2.6.1972. Subst 24.7.1992. Am 3.9.1993. Rep 2005 (407), Sch 1 [41].Rule 18, heading Subst 22.9.1995. Rep 2005 (407), Sch 1 [41].Rule 18 Am 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 18A Ins 3.9.1993. Rep 2005 (407), Sch 1 [41].Div 3, heading Am 23.12.1994. Rep 2005 (407), Sch 1 [41].Div 3 Rep 2005 (407), Sch 1 [41].Rule 18B Ins 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 19 Am 3.9.1993. Rep 2005 (407), Sch 1 [41].Rule 20 Rep 3.9.1993.Rule 20 (previously rule 21)

Am 21.12.1979. Subst 14.12.1990. Am 3.9.1993. Renumbered 23.12.1994. Am 23.12.1994; 29.8.2003. Rep 2005 (407), Sch 1 [41].

Rule 21 Ins 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 22 Am 21.12.1979. Subst 14.12.1990. Am 24.6.1994. Subst 23.12.1994.

Rep 2005 (407), Sch 1 [41].Rule 23 Subst 14.12.1990. Am 3.9.1993. Subst 23.12.1994. Rep 2005 (407), Sch

1 [41].Rule 24 Am 24.11.1978; 21.12.1979. Subst 14.12.1990. Am 24.9.1993;

25.2.1994. Subst 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 25 Subst 24.11.1978. Am 14.12.1990. Subst 23.12.1994. Am 24.2.1995.

Rep 2005 (407), Sch 1 [41].Div 3A (rules 25A–25H)

Ins 23.12.1994. Rep 2005 (407), Sch 1 [41].



Div 4 Rep 2005 (407), Sch 1 [41].Rule 26 Subst 24.11.1978 (see erratum 8.12.1978); 23.12.1994. Rep 2005 (407),

Sch 1 [41].Rule 27 Subst 24.11.1978; 23.12.1994. Rep 2005 (407), Sch 1 [41].Rule 28 Subst 24.11.1978. Am 15.2.1991; 23.12.1994. Rep 2005 (407), Sch 1

[41].Rule 29 Subst 24.11.1978. Am 15.2.1991. Subst 23.12.1994. Rep 2005 (407),

Sch 1 [41].Rule 30 Subst 24.11.1978; 23.12.1994. Rep 2005 (407), Sch 1 [41].Div 5 Rep 2005 (407), Sch 1 [41].Rule 31 Am 2.6.1972; 16.1.1981; 25.2.1994. Rep 2005 (407), Sch 1 [41].Rule 32 Subst 2.6.1972. Am 22.8.1975; 19.10.1979; 23.5.1980; 13.6.2003;

29.8.2003. Rep 2005 (407), Sch 1 [41].Rule 32A Ins 16.8.1991. Rep 2005 (407), Sch 1 [41].Rule 32B Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 32C Ins 24.6.1994. Am 19.8.1994. Rep 2005 (407), Sch 1 [41].Rule 33 Rep 2005 (407), Sch 1 [41].Rule 33A Ins 23.12.1994. Am 24.2.1995. Rep 2005 (407), Sch 1 [41].Rule 34 Am 2.6.1972. Rep 2005 (407), Sch 1 [41].Rule 35 Ins 2.6.1972. Am 22.8.1975; 23.5.1980; 16.1.1981. Rep 2005 (407), Sch

1 [41].Rule 36 Ins 19.7.1996. Am 21.3.1997. Rep 2005 (407), Sch 1 [41].Rule 37 Ins 24.7.1998. Rep 2005 (407), Sch 1 [41].Notes to the rules

Am 23.12.1994. Rep 2005 (407), Sch 1 [41].

Part 51A Ins 30.6.1972. Rep 2005 (407), Sch 1 [41].Div 1, heading Rep 23.2.1990.Rule 1 Ins 30.6.1972. Am 25.10.1974; 25.3.1977; 25.5.1990; 10.12.1993;

24.2.1995; 19.2.1999; 24.12.1999; 29.8.2003; 19.12.2003. Rep 2005 (407), Sch 1 [41].

Rule 2 Ins 30.6.1972. Am 25.10.1974; 30.8.1985; 10.12.1993. Rep 2005 (407), Sch 1 [41].

Rule 2A Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 3 Ins 30.6.1972. Am 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 4 Ins 30.6.1972. Rep 2005 (407), Sch 1 [41].



Rules 5, 6 Ins 30.6.1972. Am 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 6A Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rules 7–11 Ins 30.6.1972. Rep 2005 (407), Sch 1 [41].Rule 11B Ins 30.8.1985. Rep 24.6.1994.Div 2 Ins 25.10.1974. Rep 23.2.1990.Rule 12 Ins 25.10.1974. Rep 23.2.1990.Rule 12 (previously rule 11A)

Ins 30.8.1985. Am 26.8.1988; 24.6.1994. Renumbered 24.6.1994. Rep 2005 (407), Sch 1 [41].

Rule 13 Ins 25.10.1974. Rep 23.2.1990. Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].

Part 51B Ins 19.2.1999.Heading Ins 19.2.1999. Am 29.8.2003.Rule 1 Ins 19.2.1999. Am 19.3.1999. Subst 29.8.2003.Rule 2 Ins 19.2.1999.Rule 3 Ins 19.2.1999. Am 19.3.1999.Rule 4 Ins 19.2.1999. Rep 19.3.1999.Rule 5 Ins 19.2.1999. Am 19.3.1999; 13.6.2003; 29.8.2003.Rule 6 Ins 19.2.1999. Subst 19.3.1999 (see erratum 9.4.1999). Am 29.8.2003.Rule 7 Ins 19.2.1999. Subst 13.6.2003.Rules 8–18 Ins 19.2.1999.Part 52 Rep 2005 (407), Sch 1 [41].Div 1 Rep 2005 (407), Sch 1 [41].Rule 1 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 1A (previously rule 1)

Am 2.10.1992; 26.2.1993. Renumbered 24.6.1994. Rep 2005 (407), Sch 1 [41].

Rule 1B (previously rule 1A)

Ins 27.11.1992. Renumbered 24.6.1994. Rep 2005 (407), Sch 1 [41].

Rule 2 Rep 2005 (407), Sch 1 [41].Rule 3 Rep 24.6.1994.Rule 4 Am 25.6.1993; 19.7.2002. Rep 2005 (407), Sch 1 [41].Rule 5 Am 19.6.1987. Rep 2005 (407), Sch 1 [41].



Rule 6 Am 9.12.1983 (see erratum 13.1.1984). Rep 2005 (407), Sch 1 [41].Rule 7 Am 4.9.1987. Rep 2005 (407), Sch 1 [41].Rule 8 Rep 2005 (407), Sch 1 [41].Rule 9 Am 22.10.1982; 12.7.1985; 19.6.1987; 23.6.1989; 27.3.1992; 2.10.1992;

3.9.1993; 25.2.1994. Rep 2005 (407), Sch 1 [41].Rule 9A Ins 19.6.1987. Rep 2005 (407), Sch 1 [41].Rule 10 Am 30.3.1990. Rep 2005 (407), Sch 1 [41].Div 2 Rep 2005 (407), Sch 1 [41].Rule 11 Rep 2005 (407), Sch 1 [41].Rule 11A Ins 16.8.1991. Subst 13.12.1991 (see erratum 16.10.1992). Am

2.10.1992; 3.9.1993. Rep 2005 (407), Sch 1 [41].Rule 11B Ins 16.8.1991. Rep 2005 (407), Sch 1 [41].Rule 11C Ins 3.9.1993. Rep 2005 (407), Sch 1 [41].Rule 12 Am 16.3.1990. Rep 2005 (407), Sch 1 [41].Rule 12A Ins 2.6.1972. Rep 2005 (407), Sch 1 [41].Rule 13 Rep 2005 (407), Sch 1 [41].Rule 13A Ins 23.6.1989. Rep 2005 (407), Sch 1 [41].Rules 14, 15 Subst 27.3.1992. Rep 2005 (407), Sch 1 [41].Rule 16 Am 2.4.1993. Rep 2005 (407), Sch 1 [41].Rule 17 Am 31.8.1984. Subst 23.6.1989. Am 20.4.1990; 16.11.1990; 14.12.1990;

24.9.1993. Rep 2005 (407), Sch 1 [41].Rule 18 Am 12.7.1985. Rep 2005 (407), Sch 1 [41].Rule 19 Am 29.3.1974. Subst 23.6.1989. Rep 2005 (407), Sch 1 [41].Rules 20, 21 Rep 2005 (407), Sch 1 [41].Rule 21A Ins 2.6.1972. Rep 2005 (407), Sch 1 [41].Rule 21B Ins 30.8.1985. Am 10.12.1993. Rep 2005 (407), Sch 1 [41].Rule 21C Ins 30.8.1985. Rep 10.12.1993.Rule 21D Ins 25.8.1989. Am 25.8.1995. Rep 2005 (407), Sch 1 [41].Rule 21E Ins 22.12.1989. Am 15.2.1991; 22.4.1994. Rep 2005 (407), Sch 1 [41].Div 3 Rep 2005 (407), Sch 1 [41].Rule 22 Rep 2005 (407), Sch 1 [41].Rule 23 Am 23.6.1989. Rep 2005 (407), Sch 1 [41].



Rule 24 Subst 28.9.1973. Am 29.3.1974; 27.5.1977; 24.10.1980; 24.12.1982; 31.8.1984; 24.4.1986; 4.9.1987; 23.6.1989; 20.4.1990; 16.11.1990; 26.2.1993; 21.5.1993; 6.8.1993. Rep 2005 (407), Sch 1 [41].

Rules 24A, 24B Ins 20.4.1990. Rep 2005 (407), Sch 1 [41].Rules 25–27 Rep 2005 (407), Sch 1 [41].Rule 28 Am 20.10.1972; 1.6.1973; 29.4.1977; 24.4.1986. Rep 2005 (407), Sch 1

[41].Rule 28A Ins 23.6.1989. Rep 2005 (407), Sch 1 [41].Div 4 (Rules 29–31)

Rep 2005 (407), Sch 1 [41].

Div 5 Rep 2005 (407), Sch 1 [41].Rule 32 Am 22.9.1989; 26.2.1993. Rep 2005 (407), Sch 1 [41].Rule 33 Rep 2005 (407), Sch 1 [41].Div 6 Rep 2005 (407), Sch 1 [41].Rule 34 Subst 23.5.1980; 22.4.1983. Rep 2005 (407), Sch 1 [41].Rule 35 Rep 23.5.1980.Rules 36–39 Rep 2005 (407), Sch 1 [41].Rule 40 Am 23.6.1989; 2.10.1992; 23.4.1993; 10.12.1993 (see errata

24.12.1993). Rep 2005 (407), Sch 1 [41].Rule 41 Am 2.6.1972; 23.12.1977; 30.3.1979. Rep 2005 (407), Sch 1 [41].Div 7 Rep 2005 (407), Sch 1 [41].Rule 42 Rep 2005 (407), Sch 1 [41].Rule 43 Am 22.9.1989; 2.10.1992. Rep 2005 (407), Sch 1 [41].Rule 44 Rep 2005 (407), Sch 1 [41].Rules 45, 46 Am 22.9.1989. Rep 2005 (407), Sch 1 [41].Rule 47 Subst 3.5.1974; 26.4.1985. Rep 2005 (407), Sch 1 [41].Rule 47A Ins 20.7.1990. Rep 2005 (407), Sch 1 [41].Rule 48 Am 3.5.1974; 30.3.1979; 24.2.1984; 26.4.1985; 22.9.1989; 13.6.2003.

Rep 2005 (407), Sch 1 [41].Rule 49 Am 2.6.1972; 7.7.1972; 30.3.1979; 19.8.1983; 9.12.1983; 20.4.1990;

2.10.1992; 26.2.1993; 23.4.1993. Rep 2005 (407), Sch 1 [41].Rule 50 Subst 30.3.1979. Am 23.5.1980; 23.12.1983; 2.10.1992. Rep 2005 (407),

Sch 1 [41].Rule 50A Ins 23.12.1983. Am 4.9.1987. Subst 15.3.1991; 2.10.1992. Rep 2005

(407), Sch 1 [41].



Rule 50B Ins 23.12.1983. Am 2.10.1992. Rep 2005 (407), Sch 1 [41].Rule 51 Am 30.3.1979. Rep 2005 (407), Sch 1 [41].Rules 52–54 Rep 2005 (407), Sch 1 [41].Rule 54A Ins 9.12.1983. Rep 2005 (407), Sch 1 [41].Rule 55 Am 30.3.1979; 24.2.1984. Rep 2005 (407), Sch 1 [41].Rule 56 Am 20.9.1991. Rep 2005 (407), Sch 1 [41].Rules 57, 58 Rep 2005 (407), Sch 1 [41].Rule 59 Am 23.5.1980; 23.12.1983; 24.2.1984; 20.9.1991; 25.10.1991;

2.10.1992. Rep 2005 (407), Sch 1 [41].Rule 60 Am 2.6.1972; 23.5.1980; 24.2.1984; 2.10.1992. Rep 2005 (407), Sch 1

[41].Rule 61 Am 2.10.1992. Rep 2005 (407), Sch 1 [41].Rule 62 Am 23.9.1988; 2.10.1992. Rep 2005 (407), Sch 1 [41].Rule 63 Am 30.3.1990. Rep 2005 (407), Sch 1 [41].Div 8 Rep 2005 (407), Sch 1 [41].Rules 64, 65 Rep 2005 (407), Sch 1 [41].Rule 66 Subst 16.8.1991. Am 20.9.1991. Rep 2005 (407), Sch 1 [41].Rule 66A Ins 16.8.1991. Rep 2005 (407), Sch 1 [41].Rule 67 Ins 7.7.1972. Am 11.8.1972; 22.8.1975; 23.9.1977; 24.10.1980;

16.4.1982; 23.12.1983; 26.2.1993. Rep 2005 (407), Sch 1 [41].Rule 68 Ins 7.7.1972. Am 20.9.1991; 26.2.1993. Rep 2005 (407), Sch 1 [41].Rule 69 Ins 7.7.1972. Am 20.9.1991; 24.4.2003. Rep 2005 (407), Sch 1 [41].Rule 70 Ins 5.10.1973. Am 23.12.1988. Rep 2005 (407), Sch 1 [41].Rule 71 Ins 23.7.1976. Am 21.12.1979; 30.6.1982; 25.2.1994. Rep 2005 (407),

Sch 1 [41].Part 52A Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Div 1 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 1 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 2 Ins 24.6.1994. Am 25.11.1994; 21.8.1998. Rep 2005 (407), Sch 1 [41].Rule 3 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 4 Ins 24.6.1994. Am 23.5.1997; 19.7.2002. Rep 2005 (407), Sch 1 [41].Rules 5–8 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].



Rule 9 Ins 24.6.1994. Am 22.3.1996; 7.8.1998; 28.1.2000; 19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [41].

Rule 10 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Div 2 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 11 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 11A Ins 28.1.2000. Rep 2005 (407), Sch 1 [41].Rule 12 Ins 24.6.1994. Am 23.5.1997. Rep 2005 (407), Sch 1 [41].Rule 13 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 14 Ins 24.6.1994. Am 23.12.1994; 23.5.1997. Rep 2005 (407), Sch 1 [41].Rules 15–17 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 18 Ins 24.6.1994. Am 26.4.1996. Rep 2005 (407), Sch 1 [41].Rules 19, 20 Ins 24.6.1994. Am 28.1.2000. Rep 2005 (407), Sch 1 [41].Rule 21 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 22 Ins 24.6.1994. Am 25.10.1996; 19.11.1999. Rep 2005 (407), Sch 1 [41].Rule 23 Ins 24.6.1994. Am 21.8.1998. Rep 2005 (407), Sch 1 [41].Rule 24 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 25 Ins 24.6.1994. Subst 28.1.2000 (see also 25.2.2000). Rep 2005 (407),

Sch 1 [41].Rules 26–28 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 29 Ins 24.6.1994. Am 25.8.1995. Rep 2005 (407), Sch 1 [41].Rule 30 Ins 24.6.1994. Am 22.12.1995; 21.8.1998. Rep 2005 (407), Sch 1 [41].Div 3 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rules 31, 32 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 33 Ins 24.6.1994. Am 15.8.1997 (see erratum 5.9.1997); 20.2.1998;

7.8.1998; 19.9.2003. Rep 2005 (407), Sch 1 [41].Rule 34 Ins 24.6.1994. Am 20.8.1999. Rep 2005 (407), Sch 1 [41].Rule 35 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 35A Ins 28.1.2000. Rep 2005 (407), Sch 1 [41].Rule 36 Ins 24.6.1994. Rep 19.7.1996.Rule 37 Ins 24.6.1994. Subst 23.12.1994. Am 20.6.1997. Rep 2005 (407), Sch 1

[41].Div 4 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 38 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].



Rule 39 Ins 24.6.1994. Am 19.3.1999. Rep 2005 (407), Sch 1 [41].Rule 40 Ins 24.6.1994. Am 23.5.1997; 25.7.1997; 19.12.1997; 27.7.2001. Rep

2005 (407), Sch 1 [41].Rules 41, 42 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 43 Ins 24.6.1994. Subst 28.1.2000. Rep 2005 (407), Sch 1 [41].Rule 43A Ins 23.9.1994. Subst 28.1.2000. Rep 2005 (407), Sch 1 [41].Rules 44, 45 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Rule 46, headnote

Ins 24.6.1994. Subst 21.7.1995. Rep 2005 (407), Sch 1 [41].

Rule 46 Ins 24.6.1994. Am 21.7.1995; 21.8.1998. Rep 2005 (407), Sch 1 [41].Rules 47–50 Ins 24.6.1994. Rep 2005 (407), Sch 1 [41].Part 53 Rep 2005 (407), Sch 1 [41].Div 1 Rep 2005 (407), Sch 1 [41].Rule 1 Rep 2005 (407), Sch 1 [41].Rule 2 Am 24.5.1991. Rep 2005 (407), Sch 1 [41].Rule 3 Am 25.5.1990. Rep 2005 (407), Sch 1 [41].Rules 4, 5 Rep 2005 (407), Sch 1 [41].Div 2, heading Am 25.5.1990. Rep 2005 (407), Sch 1 [41].Div 2 Rep 2005 (407), Sch 1 [41].Rule 6 Rep 2005 (407), Sch 1 [41].Rule 6A Ins 25.5.1990. Rep 2005 (407), Sch 1 [41].Rules 7, 8 Rep 2005 (407), Sch 1 [41].Part 54 Rep 2006 (405), Sch 1 [2].Div 1 Rep 2006 (405), Sch 1 [2].Rule 1 Rep 2006 (405), Sch 1 [2].Rule 2 Am 2005 (407), Sch 1 [42]. Rep 2006 (405), Sch 1 [2].Div 2 Rep 2006 (405), Sch 1 [2].Rule 3 Am 18.12.1987. Rep 2006 (405), Sch 1 [2].Rule 4 Rep 2006 (405), Sch 1 [2].Div 3, heading Ins 2.6.1972. Am 21.2.1997 (see erratum 28.2.1997). Rep 2006 (405),

Sch 1 [2].Div 3 Rep 2006 (405), Sch 1 [2].Rule 5, headnote Ins 2.6.1972. Am 21.2.1997. Rep 2006 (405), Sch 1 [2].



Rule 5 Ins 2.6.1972. Subst 20.10.1972. Am 21.2.1997 (see erratum 28.2.1997). Rep 2006 (405), Sch 1 [2].

Div 4 Ins 6.9.1974. Rep 29.8.2003.Rule 6 Ins 6.9.1974. Subst 21.9.1979. Am 19.2.1999. Rep 29.8.2003.Part 55Rule 2 Am 2.6.1972.Rule 11 Am 16.8.1991; 30.10.1992; 24.9.1993; 20.2.1998; 20.8.1999; 29.8.2003.Rules 13, 14 Am 21.2.1997.Rule 15 Ins 2.6.1972. Rep 28.4.1978.Part 56 Rep 2005 (407), Sch 1 [43].Div 1 (Rule 1) Rep 2005 (407), Sch 1 [43].Div 2 Rep 2005 (407), Sch 1 [43].Rules 2, 3 Rep 2005 (407), Sch 1 [43].Rule 4 Am 2.6.1972. Rep 2005 (407), Sch 1 [43].Div 3 (Rules 5–8)

Rep 2005 (407), Sch 1 [43].

Div 4 Rep 2005 (407), Sch 1 [43].Rule 9 Am 30.3.1990. Rep 2005 (407), Sch 1 [43].Rule 10 Rep 2005 (407), Sch 1 [43].Rule 11 Am 30.3.1990. Rep 2005 (407), Sch 1 [43].Rules 12, 13 Rep 2005 (407), Sch 1 [43].Rule 14 Am 30.3.1990. Rep 2005 (407), Sch 1 [43].Part 57 Rep 2006 (405), Sch 1 [2].Rules 1, 2 Am 1.4.1977. Rep 2006 (405), Sch 1 [2].Rule 3 Am 1.4.1977; 2005 (407), Sch 1 [44]. Rep 2006 (405), Sch 1 [2].Rule 4 Am 1.4.1977. Rep 2006 (405), Sch 1 [2].Rule 5 Am 1.4.1977; 20.7.1990; 21.7.1995. Rep 2006 (405), Sch 1 [2].Part 58 Rep 2008 (62), Sch 1 [1].Heading Subst 19.5.1989. Rep 2008 (62), Sch 1 [1].Rule 1 Am 28.10.1977; 19.5.1989; 17.11.1989; 21.7.1995. Rep 2008 (62), Sch 1

[1].Rule 2 Am 23.5.1980; 19.5.1989; 24.11.2000. Subst 2005 (407), Sch 1 [45].

Rep 2008 (62), Sch 1 [1].



Rule 3 Rep 2008 (62), Sch 1 [1].Rule 4 Am 1.4.1977; 19.5.1989; 2005 (407), Sch 1 [46] [47]. Rep 2008 (62),

Sch 1 [1].Rule 5 Am 1.4.1977; 19.5.1989; 2005 (407), Sch 1 [48]. Rep 2008 (62), Sch 1

[1].Rule 6 Ins 19.5.1989. Am 21.7.1995; 22.9.1995. Rep 2008 (62), Sch 1 [1].Part 59 Rep 2005 (407), Sch 1 [49].Heading Subst 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 1 Am 5.10.1973; 23.12.1988. Rep 2005 (407), Sch 1 [49].Rule 1A Ins 5.10.1973. Am 8.10.1982. Rep 2005 (407), Sch 1 [49].Rule 2 Am 5.10.1973; 26.8.1988; 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 3 Am 2.6.1972; 5.10.1973; 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 3A Ins 5.10.1973. Am 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 4 Am 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 5 Am 5.10.1973; 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 6 Rep 2005 (407), Sch 1 [49].Rule 7 Am 2.10.1992. Rep 2005 (407), Sch 1 [49].Rule 8 Am 5.10.1973; 2.10.1992. Rep 2005 (407), Sch 1 [49].Part 59A Ins 2.10.1992. Rep 2008 (62), Sch 1 [1].Rules 1, 2 Ins 2.10.1992. Rep 2008 (62), Sch 1 [1].Rule 3 Ins 2.10.1992. Am 2005 (172), Sch 1. Rep 2008 (62), Sch 1 [1].Rule 4 Ins 2.10.1992. Am 2005 (407), Sch 1 [50]. Rep 2008 (62), Sch 1 [1].Rules 5–8 Ins 2.10.1992. Rep 2008 (62), Sch 1 [1].Rule 9 Ins 2.10.1992. Am 2005 (407), Sch 1 [51]. Rep 2008 (62), Sch 1 [1].Part 60Rule 1 Ins 23.9.1988.Rule 1A (previously Rule 1)

Subst 20.10.1972. Am 24.8.1973; 22.7.1977; 28.10.1977; 30.6.1982; 30.8.1985; 25.9.1987. Renumbered 23.9.1988. Am 27.3.1992; 31.3.1994; 24.12.1999; 19.12.2003; 2005 (407), Sch 1 [52]; 2005 No 98, Sch 2.60 [1]; 2007 (446), Sch 1 [2] [3].

Rule 3 Am 30.3.1990; 2005 No 98, Sch 2.60 [1].Rule 4 Am 22.11.1985; 2005 No 98, Sch 2.60 [1].Div 2 Rep 2005 (407), Sch 1 [53].



Rules 5–7 Rep 2005 (407), Sch 1 [53].Rule 8 Am 7.12.1984. Rep 2005 (407), Sch 1 [53].Div 3 Rep 2005 (407), Sch 1 [53].Rule 9 Rep 2005 (407), Sch 1 [53].Rule 10 Am 23.9.1988; 24.6.1994. Rep 2005 (407), Sch 1 [53].Rule 11 Am 2.6.1972; 23.9.1988; 30.3.1990. Rep 2005 (407), Sch 1 [53].Rule 12 Am 2.6.1972; 20.10.1972; 19.7.1985. Rep 2005 (407), Sch 1 [53].Rule 13 Am 2.6.1972. Rep 2005 (407), Sch 1 [53].Rule 14 Am 25.10.1991. Rep 2005 (407), Sch 1 [53].Rule 14A Ins 23.9.1988. Rep 2005 (407), Sch 1 [53].Rule 15 Am 2.6.1972. Rep 2005 (407), Sch 1 [53].Rule 15A Ins 23.9.1988. Rep 2005 (407), Sch 1 [53].Rule 16 Rep 2.6.1972.Rule 17 Am 20.10.1972; 15.12.1972; 23.2.1973; 1.6.1973; 23.7.1976; 29.4.1977;

28.10.1977; 25.9.1981; 30.10.1981; 8.7.1983; 23.9.1988; 20.10.1989; 20.4.1990; 20.7.1990; 24.6.1994; 23.5.1997; 21.5.1999; 20.8.1999; 21.7.2000; 29.11.2002; 5.9.2003; 28.11.2003; 27.8.2004.

Part 61Heading Am 30.3.1979.Rule 1 Subst 20.10.1972. Am 2.11.1973; 28.4.1978; 30.8.1985; 25.9.1987;

23.4.1993; 10.12.1993; 24.4.1998. Rep 2005 (407), Sch 1 [54].Rule 2 Rep 2005 (407), Sch 1 [54].Rules 2A, 2B Ins 2.11.1973. Rep 2005 (407), Sch 1 [54].Rule 3 Am 28.7.1978. Subst 23.9.1988. Am 25.10.1991; 23.4.1993;

10.12.1993; 25.2.1994; 25.8.1995; 24.4.1998; 24.12.1999; 19.12.2003. Rep 2005 (407), Sch 1 [54].

Rule 4 Rep 2007 (446), Sch 1 [4].Rule 4A Ins 6.7.1979. Am 14.11.1980.Div 2 Ins 30.3.1979. Rep 2005 (407), Sch 1 [55].Rule 5 Ins 30.3.1979. Am 30.6.1982. Subst 30.3.1990. Am 22.5.1992;

25.2.1994; 24.5.1996; 24.12.1999 (see also 25.2.2000). Rep 2005 (407), Sch 1 [55].

Part 62 Rep 2005 (407), Sch 1 [56].Div 1 Rep 2005 (407), Sch 1 [56].



Rule 1 Rep 2005 (407), Sch 1 [56].Rule 2 Am 1.10.1976. Rep 2005 (407), Sch 1 [56].Rule 3 Am 28.5.1982. Rep 2005 (407), Sch 1 [56].Rule 4 Rep 2005 (407), Sch 1 [56].Rule 4A Ins 28.5.1982. Rep 2005 (407), Sch 1 [56].Div 2 Rep 2005 (407), Sch 1 [56].Rules 5–7 Rep 2005 (407), Sch 1 [56].Rules 8, 9 Am 24.6.1994. Rep 2005 (407), Sch 1 [56].Rule 10 Rep 2005 (407), Sch 1 [56].Part 63 Rep 2005 (407), Sch 1 [56].Rules 1–3 Rep 2005 (407), Sch 1 [56].Rule 4 Am 2.6.1972; 24.7.1998. Rep 2005 (407), Sch 1 [56].Rule 5 Am 28.6.1974; 29.6.1984; 20.9.1991; 10.12.1993; 22.5.1998. Rep 2005

(407), Sch 1 [56].Rule 6 Am 2.6.1972; 28.6.1974; 7.8.1998; 23.10.1998; 19.2.1999; 25.6.1999;

19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [56].Rule 7 Am 28.6.1974. Rep 2005 (407), Sch 1 [56].Rules 8–11 Rep 2005 (407), Sch 1 [56].Rule 12 Rep 23.6.1989.Rule 13 Am 23.3.1984. Rep 2005 (407), Sch 1 [56].Rule 14 Rep 2005 (407), Sch 1 [56].Rule 15 Am 23.5.1980; 29.6.1984. Rep 2005 (407), Sch 1 [56].Rule 16 Ins 22.5.1998. Rep 2005 (407), Sch 1 [56].Part 64 Rep 2005 (407), Sch 1 [56].Rule 1 Subst 21.2.1992. Rep 2005 (407), Sch 1 [56].Rule 2 Am 21.2.1992. Rep 2005 (407), Sch 1 [56].Rule 3, headnote Subst 21.2.1992. Rep 2005 (407), Sch 1 [56].Rule 3 Am 28.6.1974; 21.2.1992. Rep 2005 (407), Sch 1 [56].Rule 3A Ins 21.2.1992. Rep 2005 (407), Sch 1 [56].Rule 4 Rep 2005 (407), Sch 1 [56].Rule 5 Am 2.6.1972. Rep 2005 (407), Sch 1 [56].Rules 6, 7 Rep 2005 (407), Sch 1 [56].



Rule 8 Am 25.10.1974. Rep 2005 (407), Sch 1 [56].Part 65 Rep 2005 (407), Sch 1 [56].Rule 1 Am 2.6.1972; 30.9.1977; 23.12.1977; 21.9.1979; 25.8.1995; 20.4.2000;

19.12.2003. Rep 2005 (407), Sch 1 [56].Rule 1A, heading

Ins 20.4.2000. Subst 24.11.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [56].

Rule 1A Ins 20.4.2000. Subst 24.11.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [56].

Rule 2 Am 25.10.1974; 23.7.1976; 2.4.1982; 24.12.1982; 24.9.1993. Rep 2005 (407), Sch 1 [56].

Rule 3 Am 2.6.1972; 21.10.1977. Rep 23.12.1977.Rules 4–6 Rep 2005 (407), Sch 1 [56].Rule 7 Am 7.12.1973; 13.6.1975; 30.4.1976; 1.7.1977; 6.7.1979; 2.4.1982;

24.12.1982; 26.9.1986; 22.9.1989; 24.6.1994; 23.2.1996; 1.3.1996; 19.7.1996. Rep 2005 (407), Sch 1 [56].

Rule 8 Ins 2.6.1972. Am 26.3.1976; 30.4.1976; 26.9.1986. Rep 2005 (407), Sch 1 [56].

Part 65A Ins 22.9.1989.Rule 1, heading Am 24.6.1994. Rep 24.7.1998.Rule 1 Ins 22.9.1989. Am 24.6.1994. Rep 24.7.1998.Rule 2 Ins 22.9.1989. Am 24.6.1994; 23.2.1996; 24.7.1998.Rule 3 Ins 22.9.1989. Am 21.5.1993; 24.6.1994; 24.4.1998; 24.12.1999.Rule 4 Ins 22.9.1989. Subst 24.6.1994. Rep 24.11.1995.Rule 5 Ins 22.9.1989. Am 24.6.1994; 2005 (407), Sch 1 [57].Rules 6, 7 Ins 21.2.1997.Part 65B (Rule 1)

Ins 22.9.1989. Rep 20.8.1993.

Part 65C Ins 20.7.1990. Subst 24.6.1994.Div 1, heading Ins 21.3.1997.Rules 1, 2 Ins 20.7.1990. Subst 24.6.1994. Am 19.12.1997.Rule 3, headnote Ins 20.7.1990. Am 21.5.1993. Subst 24.6.1994.Rule 3 Ins 20.7.1990. Am 21.5.1993. Subst 24.6.1994.Rule 4, headnote Am 24.4.1998.



Rule 4 Ins 20.7.1990. Subst 21.5.1993. Am 22.4.1994. Subst 24.6.1994 (see erratum 1.7.1994). Am 23.2.1996; 19.12.1997; 24.4.1998; 2005 (407), Sch 1 [58] [59].

Rule 5 Ins 22.9.1995.Div 2 Ins 21.3.1997.Rule 6 Ins 21.3.1997 (see erratum 27.3.1997).Rule 7 Ins 21.3.1997. Am 2005 (407), Sch 1 [60].Rule 8 Ins 21.3.1997.Rule 9 Ins 21.3.1997. Am 2005 (407), Sch 1 [61].Rule 10 Ins 21.3.1997. Am 2005 (407), Sch 1 [62].Rule 10, note Ins 21.3.1997. Rep 2005 No 98, Sch 2.60 [2].Part 66 Rep 2005 (407), Sch 1 [63].Heading Am 22.9.1989. Rep 2005 (407), Sch 1 [63].Rule 1 Rep 2005 (407), Sch 1 [63].Rule 1A Ins 26.3.2004. Am 28.5.2004. Rep 2005 (407), Sch 1 [63].Rule 2 Am 20.9.1991. Rep 2005 (407), Sch 1 [63].Rules 3–6 Rep 2005 (407), Sch 1 [63].Rule 7 Am 20.9.1991. Rep 2005 (407), Sch 1 [63].Rule 8 Rep 2005 (407), Sch 1 [63].Rule 9 Am 8.7.1983; 21.6.1991; 20.9.1991; 25.10.1996; 28.11.2003. Rep 2005

(407), Sch 1 [63].Rule 10 Ins 20.9.1991. Am 28.11.2003. Rep 2005 (407), Sch 1 [63].Part 66A Ins 27.11.1992. Subst 20.4.2000. Rep 2008 (493), rule 2.Rule 1, heading Ins 27.11.1992. Am 24.6.1994. Rep 24.7.1998. Ins 20.4.2000. Rep 2008

(493), rule 2.Rule 1 Ins 27.11.1992. Am 24.6.1994; 23.2.1996. Rep 24.7.1998. Ins 20.4.2000.

Rep 2008 (493), rule 2.Rule 2 Ins 27.11.1992. Subst 23.2.1996; 20.4.2000. Rep 2008 (493), rule 2.Rule 3 Ins 27.11.1992. Rep 23.2.1996. Ins 20.4.2000. Rep 2008 (493), rule 2.Rules 4–10 Ins 20.4.2000. Rep 2008 (493), rule 2.Part 67 Rep 2005 (809), Sch 1 [1].Div 1, heading Ins 3.5.1974. Rep 21.7.2000.Div 1 Rep 23.9.1988.



Rule 1 Subst 3.5.1974. Rep 23.9.1988.Rule 1A Ins 21.4.1978. Rep 23.9.1988.Rules 2–7 Rep 23.9.1988.Rule 8 Rep 24.10.1980.Div 2, heading Ins 3.5.1974. Rep 21.7.2000.Div 2 Ins 3.5.1974. Rep 2005 (809), Sch 1 [1].Rule 9 Ins 3.5.1974. Subst 21.7.2000. Rep 2005 (809), Sch 1 [1].Rule 10 Ins 3.5.1974. Rep 2005 (809), Sch 1 [1].Rule 11 Ins 3.5.1974. Am 21.4.1978; 23.2.1990; 21.7.2000; 30.7.2004. Rep 2005

(809), Sch 1 [1].Rule 11A Ins 21.4.1978. Subst 21.7.2000. Rep 1.11.2002.Rule 11B Ins 21.4.1978. Am 23.3.1984; 21.9.1984; 21.7.2000; 1.11.2002;

30.7.2004. Rep 2005 (407), Sch 1 [64].Rule 11C Ins 24.4.1986. Am 1.11.2002. Rep 2005 (809), Sch 1 [1].Rule 12 Ins 3.5.1974. Am 6.9.1974; 23.3.1984; 23.9.1988. Subst 21.7.2000. Am

2005 (407), Sch 1 [65]. Rep 2005 (809), Sch 1 [1].Rule 12A Ins 21.7.2000. Am 1.10.2004. Rep 2005 (809), Sch 1 [1].Rule 13 Ins 3.5.1974. Am 21.12.1979; 21.7.2000. Rep 2005 (809), Sch 1 [1].Rule 14 Ins 3.5.1974. Rep 2005 (809), Sch 1 [1].Rule 15 Ins 3.5.1974. Am 21.7.2000. Rep 2005 (809), Sch 1 [1].Rule 16 Ins 3.5.1974. Am 21.12.1979. Rep 2005 (809), Sch 1 [1].Rule 17 Ins 3.5.1974. Am 21.12.1979; 21.7.2000; 2005 (407), Sch 1 [66]. Rep

2005 (809), Sch 1 [1].Rule 18 Ins 3.5.1974. Am 21.12.1979; 26.9.1986; 23.12.1988. Subst 21.7.2000.

Am 2005 (407), Sch 1 [67]. Rep 2005 (809), Sch 1 [1].Rule 19 Ins 3.5.1974. Subst 21.7.2000. Am 2005 (407), Sch 1 [68]. Rep 2005

(809), Sch 1 [1].Rule 20 Ins 3.5.1974. Rep 24.10.1980.Rule 21 Ins 3.5.1974. Am 23.6.1989; 21.7.2000. Rep 2005 (809), Sch 1 [1].Rule 22 Ins 3.5.1974. Am 21.7.2000; 30.7.2004. Rep 2005 (809), Sch 1 [1].Part 68 Rep 2008 (62), Sch 1 [1].Rules 1–4 Rep 2008 (62), Sch 1 [1].Rule 5 Am 2005 (407), Sch 1 [69]. Rep 2008 (62), Sch 1 [1].Rule 6 Am 30.3.1990. Rep 2008 (62), Sch 1 [1].



Rule 7 Am 2005 (407), Sch 1 [70]. Rep 2008 (62), Sch 1 [1].Rule 8 Am 30.3.1990. Rep 2008 (62), Sch 1 [1].Rule 9 Rep 2008 (62), Sch 1 [1].Part 69Rule 1 Am 2.6.1972; 15.12.1972.Rule 2 Am 2.6.1972. Subst 15.12.1972. Am 1.6.1973; 29.4.1977.Part 70 Rep 2008 (62), Sch 1 [1].Div 1 Rep 23.3.1984.Rule 1 Subst 29.9.1972. Am 30.3.1973; 28.4.1978; 24.11.1978; 24.7.1981.

Subst 9.12.1983. Rep 23.3.1984.Rule 2 Subst 29.9.1972. Rep 23.3.1984.Div 2 Rep 2008 (62), Sch 1 [1].Rule 3 Am 2005 (407), Sch 1 [71]. Rep 2008 (62), Sch 1 [1].Rules 4–6 Rep 2008 (62), Sch 1 [1].Div 3 (Rules 7–9)

Rep 2008 (62), Sch 1 [1].

Div 4 Rep 2008 (62), Sch 1 [1].Rules 10, 11 Rep 2008 (62), Sch 1 [1].Rule 12 Am 2005 (407), Sch 1 [72]. Rep 2008 (62), Sch 1 [1].Rule 13 Am 1.10.1976; 29.6.1984. Rep 2008 (62), Sch 1 [1].Rules 14, 15 Rep 2008 (62), Sch 1 [1].Div 5 Ins 19.3.1999. Rep 2008 (62), Sch 1 [1].Rule 16 Ins 19.3.1999. Am 25.6.1999. Rep 2008 (62), Sch 1 [1].Part 71 Ins 2.6.1972 (see also 9.6.1972). Rep 23.2.2001.Heading Am 2.4.1993. Rep 23.2.2001.Rule 1 Ins 2.6.1972. Am 2.10.1992. Rep 23.2.2001.Rule 1A Ins 2.10.1992. Rep 23.2.2001.Rule 2 Ins 2.6.1972. Am 2.4.1993. Rep 23.2.2001.Rule 3 Ins 2.6.1972. Am 6.3.1992; 2.4.1993. Rep 23.2.2001.Rule 4 Ins 2.6.1972. Rep 22.5.1992.Rule 5 Ins 2.6.1972. Am 22.5.1992. Rep 23.2.2001.Rule 6 Ins 2.6.1972. Subst 2.10.1992. Rep 23.2.2001.



Rule 7 Ins 2.10.1992. Am 2.4.1993. Rep 23.2.2001.Rule 8 Ins 2.10.1992. Rep 23.2.2001.Part 71A Ins 2.4.1993.Rule 1 Ins 2.4.1993.Rule 2 Ins 2.4.1993. Subst 28.4.1995. Am 2005 (407), Sch 1 [73] [74].Rules 3–7 Ins 2.4.1993.Rule 8 Ins 2.4.1993. Am 11.5.2001.Part 72, heading Subst 26.4.1985. Rep 2005 (407), Sch 1 [75].Part 72 Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].Heading Am 22.9.1989. Rep 2005 (407), Sch 1 [75].Rule 1 Ins 2.6.1972. Subst 22.11.1985; 22.9.1989. Rep 2005 (407), Sch 1 [75].Rule 2 Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1

[75].Rules 3, 4 Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].Rule 5 Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1

[75].Rules 6, 7 Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].Rule 8 Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1

[75].Rule 9 Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].Rule 10 Ins 2.6.1972. Subst 22.11.1985. Am 22.9.1989. Rep 2005 (407), Sch 1

[75].Rule 11 Ins 2.6.1972. Subst 22.11.1985; 22.9.1989. Rep 2005 (407), Sch 1 [75].Rule 12 Ins 2.6.1972. Subst 22.11.1985. Rep 2005 (407), Sch 1 [75].Rule 13 Ins 22.11.1985. Subst 22.9.1989. Am 30.3.1990. Rep 2005 (407), Sch 1

[75].Part 72A Ins 26.4.1985. Rep 2006 (405), Sch 1 [2].Div 1, heading Ins 12.7.1985. Rep 2006 (405), Sch 1 [2].Div 1 Rep 2006 (405), Sch 1 [2].Rule 1 Ins 26.4.1985. Rep 2006 (405), Sch 1 [2].Rule 1A Ins 24.4.1986. Am 23.2.1990; 15.3.1991; 25.10.1996; 7.8.1998;

25.6.1999; 19.10.2001 (see also 26.10.2001). Rep 2005 (407), Sch 1 [76].

Rules 2–4 Ins 26.4.1985. Rep 2006 (405), Sch 1 [2].



Rule 5 Ins 26.4.1985. Am 24.6.1994. Rep 2006 (405), Sch 1 [2].Rule 5A Ins 24.6.1994. Rep 2006 (405), Sch 1 [2].Rule 6 Ins 26.4.1985. Am 24.9.1993. Rep 2006 (405), Sch 1 [2].Rule 7 Ins 26.4.1985. Am 23.9.1988; 16.3.1990; 2005 (407), Sch 1 [77]. Rep

2006 (405), Sch 1 [2].Rule 8 Ins 26.4.1985. Am 19.5.1989. Subst 2005 (407), Sch 1 [78]. Rep 2006

(405), Sch 1 [2].Rule 9 Ins 26.4.1985. Am 2.12.1988; 25.10.1996. Rep 2006 (405), Sch 1 [2].Rule 10 Ins 26.4.1985. Subst 24.10.1986. Rep 2006 (405), Sch 1 [2].Div 2 Ins 12.7.1985. Subst 24.9.1993. Rep 2006 (405), Sch 1 [2].Rules 11–20 Ins 12.7.1985. Subst 24.9.1993. Rep 2006 (405), Sch 1 [2].Rule 21 Ins 24.9.1993. Rep 2006 (405), Sch 1 [2].Part 72B Ins 22.12.1989. Rep 2005 (407), Sch 1 [79].Rule 1 Ins 22.12.1989. Am 24.9.1993; 24.9.1999; 20.10.2000; 24.11.2000. Rep

2005 (407), Sch 1 [79].Rules 2–4 Ins 22.12.1989. Rep 2005 (407), Sch 1 [79].Rule 5 Ins 22.12.1989. Am 21.8.1998. Rep 2005 (407), Sch 1 [79].Rule 6 Ins 22.12.1989. Am 24.6.1994. Rep 2005 (407), Sch 1 [79].Rule 7 and heading

Ins 22.4.1994. Am 21.8.1998. Rep 2005 (407), Sch 1 [79].

Rule 8 Ins 21.8.1998. Rep 2005 (407), Sch 1 [79].Part 72C Ins 21.10.1994. Rep 2005 (407), Sch 1 [79].Heading Ins 21.10.1994. Subst 19.12.2003. Rep 2005 (407), Sch 1 [79].Rules 1, 2 Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].Rule 3, heading Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].Rules 3, 4 Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].Rule 5 Ins 21.10.1994. Rep 19.12.2003.Rule 6 Ins 21.10.1994. Rep 2005 (407), Sch 1 [79].Rule 7, heading Am 19.12.2003. Rep 2005 (407), Sch 1 [79].Rule 7 Ins 21.10.1994. Am 19.12.2003. Rep 2005 (407), Sch 1 [79].Part 73 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Div 1, heading Ins 19.4.1991. Rep 24.4.2003.Rule 1 Ins 2.6.1972. Am 19.4.1991. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].



Rule 2 Ins 2.6.1972. Am 15.12.1972; 1.6.1973; 29.4.1977. Subst 24.4.2003. Rep 2005 (407), Sch 1 [80].

Rule 3 Ins 2.6.1972. Am 18.12.1987. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 4 Ins 2.6.1972. Subst 24.4.2003. Am 13.6.2003; 2005 (407), Sch 1 [81]

[82]. Rep 2008 (62), Sch 1 [1].Rule 5 Ins 2.6.1972. Am 23.12.1977; 27.3.1987. Subst 24.4.2003. Am

13.6.2003. Rep 2008 (62), Sch 1 [1].Rule 5A Ins 15.12.1972. Rep 23.12.1977. Ins 27.3.1987. Rep 24.4.2003.Rules 6, 7 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 7A Ins 17.11.1989. Rep 24.4.2003.Rule 8 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 8A Ins 27.3.1987. Rep 24.4.2003.Rule 9 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Rules 9A, 9B Ins 27.3.1987. Rep 24.4.2003.Rule 10 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 11 Ins 2.6.1972. Am 27.6.1986. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 12 Ins 2.6.1972. Am 15.12.1972. Rep 1.6.1973. Ins 29.4.1977. Subst

24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 13 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [1].Div 2, heading Ins 19.4.1991. Rep 24.4.2003.Rules 14, 15 Ins 19.4.1991. Subst 22.11.1996; 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 16 Ins 19.4.1991. Am 25.6.1993. Subst 22.11.1996; 24.4.2003. Rep 2008

(62), Sch 1 [1].Rule 17 Ins 22.4.1994. Rep 22.11.1996. Ins 24.4.2003. Rep 2008 (62), Sch 1 [1].Rule 18 Ins 24.4.2003. Rep 2008 (62), Sch 1 [1].Part 74 Ins 2.6.1972. Subst 31.8.1984.Heading Am 4.5.1973. Subst 31.8.1984. Am 17.6.1988.Div 1 Rep 2005 (407), Sch 1 [83].Rule 1 Ins 2.6.1972. Am 4.5.1973. Subst 31.8.1984. Am 1.11.1985; 17.6.1988;

24.4.1998. Subst 21.5.1999. Am 20.8.1999. Rep 2005 (407), Sch 1 [83].Rule 1A Ins 24.5.1996. Rep 2005 (407), Sch 1 [83].Div 2 Rep 2005 (407), Sch 1 [83].Rule 2 Ins 2.6.1972. Subst 31.8.1984; 17.6.1988. Rep 2005 (407), Sch 1 [83].



Rule 3 Ins 2.6.1972. Subst 28.7.1978; 31.8.1984. Am 14.2.1986; 17.6.1988; 23.8.1996. Rep 2005 (407), Sch 1 [83].

Div 3 Ins 17.6.1988.Rule 4 Ins 2.6.1972. Rep 31.8.1984. Ins 17.6.1988.Rule 5 Ins 17.6.1988.Rule 6 Ins 17.6.1988. Subst 23.9.1988. Am 2005 (407), Sch 1 [84].Rules 7–9 Ins 17.6.1988.Part 75 Ins 2.6.1972.Heading Am 21.12.1973.Rule 1 Ins 2.6.1972.Rule 1A Ins 25.3.1988.Rule 2 Ins 2.6.1972. Am 23.2.1973. Subst 29.6.1984. Am 24.10.1986;

25.3.1988; 20.10.1989; 22.6.1990; 28.4.1995; 25.8.1995; 22.9.1995; 22.8.1997; 19.12.1997; 24.7.1998; 30.7.2004. Subst 2005 (407), Sch 1 [85]. Am 2006 (137), Sch 1 [1].

Rule 3 Ins 23.2.1973. Am 21.12.1973. Subst 29.6.1984; 22.8.1986. Am 15.2.1991; 16.8.1991; 13.12.1991; 26.2.1993; 21.5.1993; 10.12.1993; 19.2.1999. Subst 25.2.2000. Am 29.8.2003. Subst 2005 (407), Sch 1 [85]. Am 2006 (137), Sch 1 [2].

Rule 3AA Ins 2006 (137), Sch 1 [3].Rule 3A Ins 6.9.1974. Subst 19.2.1988. Am 19.2.1999; 2005 (407), Sch 1 [86]

[87].Rule 3B Ins 29.6.1984. Am 23.9.1988. Subst 19.5.1989; 2005 (407), Sch 1 [88].Rule 3C Ins 12.9.1986. Am 28.4.1995; 21.7.1995; 2005 (407), Sch 1 [89].Rule 3D Ins 31.12.1987. Am 17.12.2004.Rule 3E Ins 25.6.1993. Am 19.11.1993.Rule 3F Ins 19.11.1993.Rules 3FA, 3FB Ins 24.11.2000.Rule 3G Ins 19.11.1993. Rep 23.11.2001.Rule 3H, heading

Ins 22.9.1995. Subst 29.8.2003.

Rule 3H Ins 22.9.1995. Am 25.2.2000; 29.8.2003.Rule 3HA Ins 2005 (407), Sch 1 [90].Rule 3I Ins 21.2.1997. Am 19.2.1999; 2005 (407), Sch 1 [91].Rule 3J Ins 30.8.2002. Am 2005 (582), rule 2.



Rule 3K Ins 30.8.2002.Rule 3L Ins 2005 (160), Sch 1.Div 2 Ins 21.12.1973.Rule 4 Ins 21.12.1973. Am 23.12.1977 (see erratum 23.6.1978); 19.10.1979;

29.8.2003.Rule 5 Ins 21.12.1973. Am 19.10.1979. Subst 29.6.1984. Am 22.8.1997.Rule 5A Ins 29.6.1984. Am 19.2.1999. Rep 2005 (407), Sch 1 [92].Rule 6 Ins 21.12.1973. Am 23.12.1977 (see erratum 23.6.1978); 19.10.1979.

Subst 29.6.1984. Am 30.3.1990; 27.8.1999; 13.6.2003. Subst 2005 (407), Sch 1 [93].

Rule 7 Ins 21.12.1973. Am 29.8.2003.Rule 8 Ins 21.12.1973. Am 19.10.1979; 29.6.1984.Rule 9 Ins 21.12.1973. Am 29.8.2003.Rule 10 Ins 21.12.1973.Rule 10A Ins 27.8.1999.Rule 11 Ins 21.12.1973. Subst 19.10.1979. Am 25.8.1995; 27.8.1999; 25.2.2000;

29.8.2003.Rule 11A Ins 29.6.1984.Rule 11B Ins 29.6.1984. Am 29.8.2003.Rule 12 Ins 21.12.1973. Rep 29.8.2003.Rule 13 Ins 21.12.1973. Subst 19.10.1979. Am 29.8.2003.Rule 14 Ins 21.12.1973. Rep 19.10.1979. Ins 2005 (407), Sch 1 [94].Rules 15–19 Ins 21.12.1973. Rep 19.10.1979.Part 76 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Div 1 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 1 Ins 23.6.1972. Am 28.6.1974; 24.11.1978; 22.12.1978. Subst 29.6.1984.

Am 24.4.1998; 2005 (171), Sch 1 [1]. Rep 2008 (62), Sch 1 [1].Rule 2 Ins 23.6.1972. Subst 29.6.1984. Am 23.8.1985; 20.4.1990; 10.12.1993;

24.4.1998; 19.2.1999. Rep 2005 (407), Sch 1 [95].Rule 3 Ins 23.6.1972. Subst 29.6.1984; 19.2.1999; 2005 (407), Sch 1 [96]. Rep

2008 (62), Sch 1 [1].Rule 4 Ins 23.6.1972. Subst 28.6.1974. Am 24.11.1978. Subst 29.6.1984. Rep

2008 (62), Sch 1 [1].Rule 4A Ins 28.6.1974. Rep 29.6.1984.



Rule 5 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 6 Ins 23.6.1972. Subst 29.6.1984. Am 2005 (407), Sch 1 [97] [98]. Rep

2008 (62), Sch 1 [1].Rule 7 Ins 23.6.1972. Subst 29.6.1984; 30.3.1990. Am 19.2.1999. Rep 2005

(407), Sch 1 [99].Div 2, heading Ins 23.6.1972. Subst 29.6.1984; 2005 (171), Sch 1 [2]. Rep 2008 (62),

Sch 1 [1].Div 2 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 8 Ins 23.6.1972. Subst 29.6.1984. Am 2005 (171), Sch 1 [3]. Rep 2008

(62), Sch 1 [1].Rule 9 Ins 23.6.1972. Subst 29.6.1984; 2005 (171), Sch 1 [4]. Rep 2008 (62),

Sch 1 [1].Rule 10 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 11 Ins 23.6.1972. Subst 29.6.1984. Am 2005 (171), Sch 1 [5]. Rep 2008

(62), Sch 1 [1].Rule 12 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 13 Ins 23.6.1972. Subst 29.6.1984 (see erratum 6.9.1985). Am 24.6.1994.

Rep 2008 (62), Sch 1 [1].Rule 13A Ins 2005 (171), Sch 1 [6]. Rep 2008 (62), Sch 1 [1].Rule 14 Ins 23.6.1972. Subst 29.6.1984 (see erratum 6.9.1985). Am 24.6.1994.

Rep 2008 (62), Sch 1 [1].Div 2A, heading Ins 10.12.1993. Rep 2008 (62), Sch 1 [1].Div 2A Rep 2008 (62), Sch 1 [1].Rule 15 Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993. Rep 2008 (62), Sch 1

[1].Rule 16 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 17, headnote

Ins 23.6.1972. Subst 29.6.1984; 24.4.1998. Rep 2008 (62), Sch 1 [1].

Rule 17 Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998; 2005 (171), Sch 1 [7]. Rep 2008 (62), Sch 1 [1].

Rule 18 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Div 3 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 19 Ins 23.6.1972. Subst 29.6.1984. Am 24.4.1998. Rep 2008 (62), Sch 1 [1].Rules 20–23 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Div 3A (Rules 23A–23D)

Ins 2005 (171), Sch 1 [8]. Rep 2008 (62), Sch 1 [1].



Div 4 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rules 24–28 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 29 Ins 23.6.1972. Subst 29.6.1984. Am 31.8.2001. Rep 2008 (62), Sch 1 [1].Rule 30 Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998; 2005 (171) ,

Sch 1 [9]. Rep 2008 (62), Sch 1 [1].Rule 31 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Div 5 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 32 Ins 23.6.1972. Subst 29.6.1984; 4.5.2001. Rep 2008 (62), Sch 1 [1].Rule 33 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 34, headnote

Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998. Rep 2008 (62), Sch 1 [1].

Rule 34 Ins 23.6.1972. Subst 29.6.1984. Am 10.12.1993; 24.4.1998; 2005 (171), Sch 1 [10]. Rep 2008 (62), Sch 1 [1].

Rules 35–39 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 40 Ins 23.6.1972. Subst 29.6.1984. Am 21.12.1984; 20.12.1985; 27.6.1986;

23.10.1987; 19.2.1988; 24.2.1989; 18.8.1989; 24.8.1990. Rep 2008 (62), Sch 1 [1].

Div 6 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 41 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Div 7 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 42 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 43 Ins 23.6.1972. Subst 29.6.1984 (see erratum 6.9.1985). Rep 2008 (62),

Sch 1 [1].Rule 44 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 45 Ins 23.6.1972. Am 6.9.1974; 8.10.1982; 9.12.1983. Subst 29.6.1984.

Rep 2008 (62), Sch 1 [1].Rule 46 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 47 Ins 23.6.1972. Subst 29.6.1984. Am 6.3.1992. Rep 23.2.2001.Rule 48 Ins 23.6.1972. Subst 29.6.1984. Rep 23.2.2001.Rules 49, 50 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [1].Div 8, heading Ins 29.6.1984. Am 24.4.1998. Rep 2008 (62), Sch 1 [1].Div 8 Ins 29.6.1984. Rep 2008 (62), Sch 1 [1].Rule 51 Ins 23.6.1972. Subst 29.6.1984. Am 24.4.1998; 23.7.1999; 2005 (407),

Sch 1 [100]. Rep 2008 (62), Sch 1 [1].



Rule 52 Ins 23.6.1972. Am 1.8.1975. Rep 29.6.1984. Ins 24.4.1998. Rep 2008 (62), Sch 1 [1].

Rule 53 Ins 23.6.1972. Rep 29.6.1984. Ins 24.4.1998. Rep 2008 (62), Sch 1 [1].Rules 54, 55 Ins 23.6.1972. Rep 29.6.1984.Rule 56 Ins 23.6.1972. Subst 22.12.1978. Rep 29.6.1984.Part 77 Ins 30.6.1972. Rep 2005 (407), Sch 1 [101].Div 1 Ins 30.6.1972. Rep 30.5.1980.Rules 1–5 Ins 30.6.1972. Rep 30.5.1980.Div 2 Rep 2005 (407), Sch 1 [101].Rule 6 Ins 30.6.1972. Rep 2005 (407), Sch 1 [101].Div 3, heading Am 26.2.1993. Rep 2005 (407), Sch 1 [101].Div 3 Am 26.2.1993 (“Auctioneers Act” omitted wherever occurring, “subject

Act” inserted instead). Rep 2005 (407), Sch 1 [101].Rule 7 Ins 30.6.1972. Subst 26.2.1993. Rep 2005 (407), Sch 1 [101].Rule 8 Ins 30.6.1972. Am 7.12.1973; 22.4.1983; 20.7.1990; 23.2.1996. Subst

22.8.1997. Rep 2005 (407), Sch 1 [101].Rule 9 Ins 30.6.1972. Am 20.7.1990; 23.2.1996. Rep 22.8.1997.Rules 10, 11 Ins 30.6.1972. Rep 2005 (407), Sch 1 [101].Div 4 (Rules 12–16)

Ins 30.6.1972. Rep 26.9.1986.

Div 5 Ins 27.10.1972. Subst 29.3.1974. Rep 19.7.1996.Rule 17 Ins 27.10.1972. Subst 29.3.1974. Am 29.4.1977. Rep 19.7.1996.Rules 18, 19 Ins 27.10.1972. Subst 29.3.1974. Am 1.7.1977. Rep 19.7.1996.Rules 20, 21 Ins 27.10.1972. Subst 29.3.1974. Rep 19.7.1996.Div 6 Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].Rules 22, 23 Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].Rule 24 Ins 4.5.1973. Am 18.12.1987; 13.6.2003. Rep 2005 (407), Sch 1 [101].Rules 25, 26 Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].Rule 27 Ins 4.5.1973. Am 14.2.1986. Rep 2005 (407), Sch 1 [101].Rule 27A Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].Rules 28–31 Ins 4.5.1973. Rep 2005 (407), Sch 1 [101].Div 7 Ins 21.12.1973. Rep 2005 (407), Sch 1 [101].Rule 32 Ins 21.12.1973. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].



Rule 33 Ins 21.12.1973. Rep 2005 (407), Sch 1 [101].Div 8 Ins 22.2.1974. Rep 2005 (407), Sch 1 [101].Rule 34 Ins 22.2.1974. Rep 2005 (407), Sch 1 [101].Rule 35 Ins 22.2.1974. Am 25.9.1987. Rep 2005 (407), Sch 1 [101].Div 8A Ins 25.9.1987. Rep 2005 (407), Sch 1 [101].Rule 36 Ins 22.2.1974. Rep 1.8.1975. Ins 25.9.1987. Rep 2005 (407), Sch 1

[101].Rule 36A Ins 25.9.1987. Rep 2005 (407), Sch 1 [101].Div 9 Ins 24.5.1974. Rep 2005 (407), Sch 1 [101].Rule 37 Ins 24.5.1974. Am 14.2.1986; 26.9.1986; 23.12.1988. Rep 2005 (407),

Sch 1 [101].Div 9A Ins 23.10.1987. Rep 2005 (407), Sch 1 [101].Rule 37A Ins 23.10.1987. Am 23.2.1996. Rep 2005 (407), Sch 1 [101].Rule 37B Ins 23.10.1987. Rep 2005 (407), Sch 1 [101].Div 10 Ins 22.8.1975. Subst 21.7.2000. Rep 2005 (407), Sch 1 [101].Rule 38 Ins 22.8.1975. Subst 1.7.1977. Am 24.12.1981. Subst 21.7.2000. Rep

2005 (407), Sch 1 [101].Rules 39–44 Ins 24.12.1981. Subst 21.7.2000. Rep 2005 (407), Sch 1 [101].Div 11 Ins 25.3.1977. Rep 22.9.1995.Rule 45 (previously Rule 39)

Ins 25.3.1977. Renumbered 24.12.1981. Rep 22.9.1995.

Div 12 Ins 24.7.1981. Rep 2005 (407), Sch 1 [101].Rule 46 (previously Rule 40)



Ins 24.7.1981. Renumbered 24.12.1981. Rep 12.9.1986.

Div 12A Ins 8.7.1983 (see erratum 22.7.1983). Rep 2005 (407), Sch 1 [101].Rule 47A Ins 8.7.1983 (see erratum 22.7.1983). Rep 2005 (407), Sch 1 [101].Rule 47B Ins 8.7.1983 (see erratum 22.7.1983). Rep 12.9.1986.Divs 13, 14 (Rules 48–52)

Ins 30.6.1982. Rep 2005 (407), Sch 1 [101].

Div 15 Ins 30.6.1982. Rep 2005 (407), Sch 1 [101].



Rule 53 Ins 30.6.1982 (see erratum 19.8.1983). Rep 2005 (407), Sch 1 [101].Div 16 Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].Rule 54 Ins 8.7.1983. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].Rules 55–58 Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].Rule 59 Ins 8.7.1983. Am 25.5.1984; 14.2.1986. Rep 2005 (407), Sch 1 [101].Rules 60–62 Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].Rule 63 Ins 8.7.1983. Am 25.5.1984. Rep 2005 (407), Sch 1 [101].Rules 64–68 Ins 8.7.1983. Rep 2005 (407), Sch 1 [101].Rule 69 Ins 8.7.1983. Subst 19.3.1999. Rep 2005 (407), Sch 1 [101].Div 17 (Rule 70) Ins 7.12.1984. Rep 2005 (407), Sch 1 [101].Div 18 Ins 21.12.1984. Rep 2005 (407), Sch 1 [101].Rules 71, 72 Ins 21.12.1984. Rep 2005 (407), Sch 1 [101].Rule 73 Ins 21.12.1984. Rep 24.7.1998.Div 19, heading Ins 5.7.1985. Am 20.8.1999. Rep 2005 (407), Sch 1 [101].Div 19 Ins 5.7.1985. Rep 2005 (407), Sch 1 [101].Rule 74 Ins 5.7.1985. Am 20.4.1990; 20.8.1999. Rep 2005 (407), Sch 1 [101].Rule 75 Ins 5.7.1985. Rep 2005 (407), Sch 1 [101].Rule 76 Ins 5.7.1985. Am 20.4.1990; 20.8.1999. Rep 2005 (407), Sch 1 [101].Rule 76A Ins 20.4.1990. Rep 2005 (407), Sch 1 [101].Div 20 Ins 23.8.1985. Rep 2005 (407), Sch 1 [101].Rule 77 Ins 23.8.1985. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].Div 21 (Rule 78) Ins 23.8.1985. Am 24.7.1992. Rep 2005 (407), Sch 1 [101].Div 22 (Rule 79) Ins 23.8.1985 (see erratum 6.9.1985). Rep 2005 (407), Sch 1 [101].Div 23 Ins 20.9.1985. Rep 2005 (407), Sch 1 [101].Rule 80 Ins 20.9.1985. Am 2.10.1992. Rep 2005 (407), Sch 1 [101].Rule 81, heading Am 25.2.1994. Subst 24.12.1999. Rep 2005 (407), Sch 1 [101].Rule 81 Ins 20.9.1985. Am 2.10.1992; 25.2.1994. Subst 24.12.1999. Am

19.12.2003. Rep 2005 (407), Sch 1 [101].Rule 82 Ins 20.9.1985. Rep 2005 (407), Sch 1 [101].Div 24, heading Ins 20.9.1985. Am 25.2.1994. Rep 2005 (407), Sch 1 [101].Div 24 Ins 20.9.1985. Rep 2005 (407), Sch 1 [101].



Rule 83 Ins 20.9.1985. Subst 25.2.1994. Am 24.12.1999; 19.12.2003. Rep 2005 (407), Sch 1 [101].

Div 24A Ins 25.6.1993. Rep 2005 (407), Sch 1 [101].Rule 83A Ins 25.6.1993. Rep 2005 (407), Sch 1 [101].Rule 83B, heading

Ins 25.6.1993. Subst 25.2.1994; 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

Rule 83B Ins 25.6.1993. Subst 25.2.1994; 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

Div 24B Ins 20.10.2000. Rep 2005 (407), Sch 1 [101].Rule 83C Ins 20.10.2000. Rep 2005 (407), Sch 1 [101].Rule 83D, heading

Ins 20.10.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

Rule 83D Ins 20.10.2000. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].Div 25, heading Ins 20.12.1985. Am 28.4.1995. Rep 2005 (407), Sch 1 [101].Div 25 Ins 20.12.1985. Rep 2005 (407), Sch 1 [101].Rule 84 Ins 20.12.1985. Am 28.4.1995; 22.8.1997; 19.2.1999. Rep 2005 (407),

Sch 1 [101].Div 25A, heading

Ins 20.7.1990. Am 19.3.1999. Rep 2005 (407), Sch 1 [101].

Div 25A Ins 20.7.1990. Rep 2005 (407), Sch 1 [101].Rule 84A Ins 20.7.1990. Am 21.5.1993; 19.3.1999. Rep 2005 (407), Sch 1 [101].Rule 84AA Ins 21.5.1993. Rep 2005 (407), Sch 1 [101].Rule 84B Ins 20.7.1990. Am 22.8.1997. Rep 2005 (407), Sch 1 [101].Rule 84C Ins 20.7.1990. Am 1997 No 68, Sch 2. Rep 2005 (407), Sch 1 [101].Div 26 Ins 23.5.1986. Subst 15.12.1989 (see rescission 14.12.1990);

14.12.1990. Rep 2005 (407), Sch 1 [101].Rule 85 Ins 23.5.1986. Subst 15.12.1989 (see rescission 14.12.1990);

14.12.1990. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].Rules 86, 87 Ins 23.5.1986. Subst 15.12.1989 (see rescission 14.12.1990);

14.12.1990. Am 27.3.1992. Rep 2005 (407), Sch 1 [101].Rules 87A–87C Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].Rule 87D Ins 14.12.1990. Am 15.3.1991. Rep 2005 (407), Sch 1 [101].Rule 87E Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].Rule 87F Ins 14.12.1990. Am 27.3.1992. Rep 2005 (407), Sch 1 [101].Rule 87G Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].



Div 26A Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].Rule 87H Ins 14.12.1990. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].Rule 87I Ins 14.12.1990. Rep 2005 (407), Sch 1 [101].Rule 87J Ins 14.12.1990. Am 15.3.1991. Rep 2005 (407), Sch 1 [101].Div 26BA (Rules 87KA, 87KB)

Ins 22.9.1995. Rep 2005 (407), Sch 1 [101].

Div 26B Ins 20.9.1991. Rep 2005 (407), Sch 1 [101].Rule 87K Ins 20.9.1991. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].Rule 87L Ins 20.9.1991. Am 27.3.1992. Rep 2005 (407), Sch 1 [101].Div 26C Ins 26.2.1993. Rep 2005 (407), Sch 1 [101].Rule 87M Ins 26.2.1993. Am 21.5.1993. Rep 2005 (407), Sch 1 [101].Rule 87N Ins 26.2.1993. Rep 2005 (407), Sch 1 [101].Div 27 Ins 23.5.1986. Rep 2005 (407), Sch 1 [101].Rule 88 Ins 23.5.1986; 15.12.1989 (see rescission 14.12.1990). Rep 2005 (407),

Sch 1 [101].Div 28, heading Ins 13.3.1987. Am 28.5.2004. Rep 2005 (407), Sch 1 [101].Div 28 Ins 13.3.1987. Rep 2005 (407), Sch 1 [101].Rule 89 Ins 13.3.1987; 15.12.1989 (see rescission 14.12.1990). Am 28.5.2004.

Rep 2005 (407), Sch 1 [101].Rule 90 Ins 13.3.1987; 15.12.1989 (see rescission 14.12.1990). Rep 2005 (407),

Sch 1 [101].Rule 91 Ins 13.3.1987; 15.12.1989 (see rescission 14.12.1990). Subst 23.2.1996;

28.5.2004. Rep 2005 (407), Sch 1 [101].Div 29 Ins 20.5.1988. Rep 2005 (407), Sch 1 [101].Rule 92 Ins 20.5.1988; 15.12.1989 (see rescission 14.12.1990). Am 19.2.1999.

Rep 2005 (407), Sch 1 [101].Div 30 Ins 14.7.1989. Rep 2005 (407), Sch 1 [101].Rule 93 Ins 14.7.1989; 15.12.1989 (see rescission 14.12.1990). Rep 2005 (407),

Sch 1 [101].Rule 94 Ins 14.7.1989; 15.12.1989 (see rescission 14.12.1990). Rep 19.11.1999.Div 26A (Rule 94A)

Ins 15.12.1989 (see rescission 14.12.1990).

Rule 95 Ins 14.7.1989. Rep 2005 (407), Sch 1 [101].



Div 30A (Rules 95A, 95B)

Ins 19.11.1999. Rep 2005 (407), Sch 1 [101].

Div 31 Ins 19.4.1991. Rep 30.6.2000.Rule 96 Ins 19.4.1991. Am 19.2.1999. Rep 30.6.2000.Rule 97 Ins 19.4.1991. Rep 30.6.2000.Div 32 (Rule 98) Ins 21.6.1991. Rep 2005 (407), Sch 1 [101].Div 33 Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].Rule 99 Ins 6.3.1992. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].Div 34 Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].Rule 100 Ins 6.3.1992. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].Divs 35, 36 (Rules 101, 102)

Ins 6.3.1992. Rep 2005 (407), Sch 1 [101].

Div 37 (Rule 103)

Ins 30.10.1992. Rep 2005 (407), Sch 1 [101].

Div 38 Ins 20.8.1993. Rep 25.6.1999.Rule 104 Ins 20.8.1993. Am 19.2.1999. Rep 25.6.1999.Div 39 (Rules 105–107)

Ins 24.2.1995. Rep 2005 (407), Sch 1 [101].

Div 40 (Rules 108–111)

Ins 23.2.1996. Rep 2005 (407), Sch 1 [101].

Div 41 (Rule 112)

Ins 24.5.1996. Rep 2005 (407), Sch 1 [101].

Div 42 (Rule 113)

Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].

Div 43 Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].Rule 114 Ins 19.7.1996. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].Rule 115 Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].Div 44 Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].Rule 116 Ins 19.7.1996. Am 19.2.1999. Rep 2005 (407), Sch 1 [101].Rule 117 Ins 19.7.1996. Rep 2005 (407), Sch 1 [101].Div 45 Ins 21.3.1997. Rep 2005 (407), Sch 1 [101].Rule 118 Ins 21.3.1997. Am 19.2.1999; 30.6.2000. Rep 2005 (407), Sch 1 [101].Rule 119 Ins 21.3.1997. Subst 24.11.2000. Rep 2005 (407), Sch 1 [101].Div 46 Ins 24.4.1998. Rep 2005 (407), Sch 1 [101].



Rule 120 Ins 24.4.1998. Rep 2005 (407), Sch 1 [101].Rule 121 Ins 24.4.1998. Subst 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1

[101].Div 47 Ins 24.4.1998 (see erratum 1.5.1998). Rep 2005 (407), Sch 1 [101].Rule 122 Ins 24.4.1998 (see erratum 1.5.1998). Rep 2005 (407), Sch 1 [101].Rule 123 and heading

Ins 24.4.1998 (see erratum 1.5.1998). Subst 24.12.1999. Am 19.12.2003. Rep 2005 (407), Sch 1 [101].

Rule 124 Ins 24.4.1998 (see erratum 1.5.1998). Am 22.5.1998. Rep 2005 (407), Sch 1 [101].

Div 48 (Rules 125–127)

Ins 22.5.1998. Rep 2005 (407), Sch 1 [101].

Div 49 (Rules 128–130)

Ins 24.7.1998. Rep 2005 (407), Sch 1 [101].

Div 50 (Rules 131, 132)

Ins 21.8.1998. Rep 2005 (407), Sch 1 [101].

Div 51 Ins 19.3.1999. Rep 2005 (407), Sch 1 [101].Rule 133 Ins 19.3.1999. Am 30.6.2000. Rep 2005 (407), Sch 1 [101].Rule 133A Ins 23.11.2001. Rep 2005 (407), Sch 1 [101].Rule 134 Ins 19.3.1999. Am 30.6.2000. Rep 2005 (407), Sch 1 [101].Rule 134A Ins 21.5.1999. Am 30.6.2000. Rep 2005 (407), Sch 1 [101].Div 52 Ins 19.3.1999. Rep 2005 (407), Sch 1 [101].Rules 135–137 Ins 19.3.1999. Rep 2005 (407), Sch 1 [101].Rule 137A Ins 25.2.2000. Rep 2005 (407), Sch 1 [101].Div 53 (Rules 138–141)

Ins 23.7.1999. Rep 2005 (407), Sch 1 [101].

Div 54 (Rules 142–144)

Ins 20.8.1999. Rep 2005 (407), Sch 1 [101].

Div 55 (Rules 145–147)

Ins 30.6.2000. Rep 2005 (407), Sch 1 [101].

Divs 56, 57 (Rules 148–151)

Ins 25.8.2000. Rep 2005 (407), Sch 1 [101].

Div 58 (Rules 152–155)

Ins 20.10.2000. Rep 2005 (407), Sch 1 [101].

Part 78 Ins 30.6.1972.Rule 1 Ins 30.6.1972. Am 28.4.1978; 13.12.1991; 19.2.1999; 20.8.1999;

24.9.1999; 22.10.1999; 2008 (62), Sch 1 [2] [3].



Rule 2 Ins 30.6.1972.Rule 3 Ins 30.6.1972. Am 23.12.1977. Subst 26.4.1996; 19.2.1999. Am 2005

(407), Sch 1 [102] [103].Rule 4 Ins 30.6.1972. Rep 26.4.1996.Rule 4A Ins 15.12.1972. Am 1.10.1976; 29.8.2003.Rule 4B Ins 30.3.1973. Am 19.2.1999.Rule 4C Ins 13.6.2003. Am 2005 (407), Sch 1 [104].Rule 4D Ins 2005 (407), Sch 1 [105].Rule 5 Ins 30.6.1972. Am 2.11.1973; 24.12.1981; 25.5.1984; 23.8.1985;

13.12.1991; 26.4.1996; 21.7.2000; 13.6.2003; 2005 (407), Sch 1 [106]; 2008 (62), Sch 1 [4]–[6].

Rule 6 Ins 30.6.1972. Subst 15.12.1972. Am 23.9.1988. Subst 13.12.1991. Am 26.4.1996; 2005 (407), Sch 1 [107]; 2008 (62), Sch 1 [7] [8].

Rule 7 Ins 30.6.1972. Am 13.12.1991.Rule 8 Ins 30.6.1972. Am 1.10.1976; 13.6.2003; 2005 (407), Sch 1 [108]. Subst

2009 (165), Sch 1 [1].Rule 9 Ins 30.6.1972. Am 13.12.1991; 2005 (407), Sch 1 [109].Rule 10 Ins 30.6.1972. Am 1.10.1976; 25.5.1984; 13.12.1991.Rule 11 Ins 30.6.1972. Am 25.5.1984.Rules 12–22 Ins 30.6.1972.Rule 23 Ins 30.6.1972. Am 23.8.1985; 20.8.1999.Rule 23A Ins 19.8.1994. Rep 2008 (62), Sch 1 [9].Rule 23B Ins 19.8.1994.Rule 24 Ins 30.6.1972. Am 24.12.1981; 23.8.1985; 20.9.1985; 26.9.1986;

25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 20.8.1999; 2008 (62), Sch 1 [10].

Rule 24A Ins 20.8.1999.Rule 25 Ins 30.6.1972. Am 1.7.1977; 24.12.1981; 25.5.1984; 23.8.1985 (see

erratum 6.9.1985); 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 19.7.1996. Subst 20.8.1999.

Rule 25A Ins 23.8.1985. Am 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994. Am 25.11.1994; 19.7.1996. Subst 20.8.1999. Am 2008 (62), Sch 1 [11] [12].

Rule 26 Ins 30.6.1972. Am 24.12.1981; 23.8.1985; 25.8.1989. Subst 19.8.1994; 20.8.1999.

Rule 26A Ins 25.5.1984. Am 26.9.1986; 25.8.1989; 13.12.1991. Subst 19.8.1994.



Rule 27 Ins 30.6.1972. Am 1.7.1977; 20.4.1990.Rule 28 Ins 30.6.1972. Am 24.12.1981; 23.8.1985; 26.9.1986; 13.12.1991. Subst

19.8.1994. Am 20.8.1999; 21.7.2000.Rule 28A Ins 24.12.1981.Rules 29–31 Ins 30.6.1972.Rule 32 Ins 30.6.1972. Rep 26.11.2004.Rule 33 Ins 30.6.1972. Am 26.11.2004.Rule 34 Ins 30.6.1972. Rep 26.11.2004.Div 5A, heading Am 13.12.1991. Subst 2008 (62), Sch 1 [13].Div 5A Ins 25.8.1989.Rule 34A, headnote

Ins 25.8.1989. Am 26.4.1996.

Rule 34A Ins 25.8.1989. Am 26.4.1996; 2008 (62), Sch 1 [14].Rule 34B, headnote

Subst 2008 (62), Sch 1 [15].

Rule 34B Ins 25.8.1989. Am 2005 (407), Sch 1 [110] [111]; 2008 (62), Sch 1 [16] [17].

Rule 34C, headnote

Am 13.12.1991. Subst 2008 (62), Sch 1 [18].

Rule 34C Ins 25.8.1989. Am 13.12.1991; 26.4.1996; 2008 (62), Sch 1 [19].Rule 34D, headnote

Subst 2008 (62), Sch 1 [20].

Rule 34D Ins 25.8.1989. Am 2008 (62), Sch 1 [21].Div 5B Ins 13.12.1991.Div 5B, heading Subst 2008 (62), Sch 1 [22].Rule 34E Ins 13.12.1991. Am 2008 (62), Sch 1 [23].Rule 34F Ins 13.12.1991. Am 2008 (62), Sch 1 [24].Rule 34G Ins 13.12.1991. Am 2005 (407), Sch 1 [112].Rule 34H Ins 13.12.1991. Am 2005 (407), Sch 1 [113] [114].Rule 34I Ins 13.12.1991. Am 2008 (62), Sch 1 [25].Rule 34J Ins 13.12.1991.Rule 35 Ins 30.6.1972. Am 13.12.1991.Rule 36 Ins 30.6.1972.Rule 37 Ins 30.6.1972. Am 2005 (407), Sch 1 [115].



Rule 37A Ins 26.10.1979.Rules 38, 39 Ins 30.6.1972.Rule 40 Ins 30.6.1972. Am 13.6.2003.Rule 40A Ins 25.5.1984.Rules 41, 42 Ins 30.6.1972.Rule 43 Ins 30.6.1972. Am 26.10.1979.Rules 44–52 Ins 30.6.1972.Rule 53 Ins 30.6.1972. Am 25.8.1989.Rule 54 Ins 30.6.1972.Rule 55 Ins 30.6.1972. Am 13.12.1991; 2005 (407), Sch 1 [116].Rule 56 Ins 30.6.1972. Am 23.12.1988; 2005 (407), Sch 1 [117] [118].Rule 57 Ins 30.6.1972.Rule 58 Ins 30.6.1972. Am 28.6.1974; 29.6.1984; 22.5.1998; 2005 (407), Sch 1

[119].Rule 59, headnote

Am 25.8.1989.

Rule 59 Ins 30.6.1972. Am 2005 (407), Sch 1 [120].Rule 60 Ins 30.6.1972. Subst 13.12.1991.Rules 61, 62 Ins 30.6.1972.Rule 62A Ins 13.12.1991. Am 2008 (62), Sch 1 [26].Rule 63 Ins 30.6.1972.Rule 64 Ins 30.6.1972. Subst 26.11.2004.Rule 65 Ins 30.6.1972. Am 26.11.2004.Rule 66 Ins 30.6.1972. Subst 26.11.2004.Rules 67, 68 Ins 30.6.1972.Rule 69 Ins 30.6.1972. Am 13.12.1991; 22.5.1992; 2005 (407), Sch 1 [121].Rule 70 Ins 30.6.1972. Am 13.12.1991.Rule 71 Ins 30.6.1972. Subst 24.12.1981.Rules 72, 73 Ins 30.6.1972.Rule 74 Ins 30.6.1972. Subst 24.12.1981.Rule 75 Ins 30.6.1972. Am 19.8.1994. Subst 22.11.1996.Rule 75A Ins 24.12.1981.



Rule 76 Ins 30.6.1972. Am 1.10.1976; 19.8.1994; 22.11.1996.Rule 77 Ins 30.6.1972. Am 22.11.1996.Rule 77A Ins 22.11.1996.Rule 78 Ins 30.6.1972. Subst 19.8.1994. Am 22.11.1996.Rules 79, 80 Ins 30.6.1972. Subst 19.8.1994; 22.11.1996.Rule 81 Ins 30.6.1972. Subst 19.8.1994.Rule 82 Ins 30.6.1972. Rep 19.8.1994.Rule 83 Ins 30.6.1972. Subst 19.8.1994; 22.11.1996.Rule 84 Ins 30.6.1972. Rep 19.8.1994.Rule 85 Ins 30.6.1972. Subst 19.8.1994.Rules 86, 87 Ins 30.6.1972.Rule 88 Ins 30.6.1972. Subst 23.9.1988. Rep 13.12.1991.Rules 89, 90 Ins 30.6.1972.Div 14 Ins 13.12.1991.Rule 91 Ins 4.5.1973. Subst 13.12.1991.Part 79Rules 1, 2 Ins 27.5.1977.Rule 3 Ins 27.5.1977. Rep 2005 (407), Sch 1 [122].Rules 4–19 Ins 27.5.1977.Rules 20, 21 Ins 27.5.1977. Am 26.9.1986.Rule 22 Ins 27.5.1977.Rule 23 Ins 27.5.1977. Am 2005 (407), Sch 1 [123].Rules 24, 25 Ins 27.5.1977.Rule 26 Ins 27.5.1977. Rep 2005 (407), Sch 1 [124].Rules 27–31 Ins 27.5.1977.Part 80 Ins 30.6.1982.Heading Am 21.12.1990.Schedule 1 Ins 30.6.1982 (see erratum 9.7.1982).Rule 1A Ins 21.12.1990. Am 10.12.1993; 24.12.1999; 19.12.2003.Rules 1B, 1C Ins 21.5.1993.Rule 1D Ins 2.7.1993.



Rule 2 Ins 30.6.1982. Am 25.6.1993; 13.6.2003; 2005 (407), Sch 1 [125].Rules 3, 4 Ins 30.6.1982.Rule 5 Ins 30.6.1982. Am 2005 (407), Sch 1 [126].Rule 6 Ins 30.6.1982. Subst 30.3.1990. Rep 2005 (407), Sch 1 [127].Rule 7 Ins 30.6.1982.Rule 8 Ins 30.6.1982. Am 14.2.1986; 20.2.1987.Div 2A Ins 22.10.1982. Am 20.10.1989; 15.12.1989.Rule 8A Ins 22.10.1982. Am 20.10.1989; 15.12.1989; 2005 (407), Sch 1 [128].Rule 9 Ins 30.6.1982. Am 22.10.1982; 12.7.1985; 20.4.1990.Rules 10–12 Ins 30.6.1982.Rule 13 Ins 30.6.1982. Rep 2005 (407), Sch 1 [129].Rules 14–17 Ins 30.6.1982.Rule 18 Ins 30.6.1982. Am 22.10.1982; 12.7.1985; 20.4.1990.Rule 19 Ins 30.6.1982.Rule 20 Ins 30.6.1982 (see erratum 9.7.1982). Am 22.10.1982.Rule 21 Ins 30.6.1982. Am 2005 (407), Sch 1 [130].Rule 22 Ins 30.6.1982. Am 2005 (407), Sch 1 [131].Rule 22A Ins 14.2.1986. Am 16.3.1990.Rule 23 Ins 30.6.1982.Rule 23A Ins 25.10.1991. Rep 2005 (407), Sch 1 [132].Rule 24 Ins 30.6.1982.Rule 24A Ins 22.10.1982.Rule 25 Ins 30.6.1982.Rule 26 Ins 30.6.1982. Subst 22.10.1982. Am 20.4.1990.Rules 27–33 Ins 30.6.1982.Rule 34 Ins 30.6.1982. Subst 22.10.1982. Rep 24.2.1984.Rule 35 Ins 30.6.1982. Am 15.12.1989.Rule 36 Ins 30.6.1982.Rule 37, reference, before heading to

Ins 22.10.1982.

Rules 37, 38 Ins 30.6.1982.



Rule 39 Ins 30.6.1982. Am 2005 (407), Sch 1 [133].Rules 40–45 Ins 30.6.1982.Rule 46, reference, before heading to

Ins 22.10.1982.

Rules 46–50 Ins 30.6.1982.Rule 51 Ins 30.6.1982. Rep 22.10.1982.Rules 52–54 Ins 30.6.1982.Rule 55 Ins 30.6.1982. Rep 2005 (407), Sch 1 [134].Rules 56–59 Ins 30.6.1982.Rule 60 Ins 30.6.1982. Rep 19.7.1985.Rule 61 Ins 30.6.1982. Am 2005 (407), Sch 1 [135].Rule 61A Ins 22.10.1982.Rule 62 Ins 30.6.1982. Am 24.7.1992; 2005 (407), Sch 1 [136].Rule 63 Ins 30.6.1982.Div 6 (Rule 64) Ins 22.10.1982.Part 80A Ins 10.12.1993.Div 1 Ins 10.12.1993.Rule 1A Ins 21.8.1998. Rep 23.10.1998.Rule 1 Ins 10.12.1993. Am 23.10.1998.Rule 2 Ins 10.12.1993. Subst 24.12.1999. Am 19.12.2003.Rule 3 Ins 10.12.1993. Am 13.6.2003; 19.12.2003; 2005 (407), Sch 1 [137].Rule 4 Ins 10.12.1993.Div 2 Ins 10.12.1993.Rule 5 Ins 10.12.1993.Rule 6 Ins 10.12.1993. Rep 2005 (407), Sch 1 [138].Rules 7, 8 Ins 10.12.1993.Rule 9, heading Am 25.2.1994.Rule 9 Ins 10.12.1993. Am 2005 (407), Sch 1 [139].Div 3 Ins 10.12.1993.Rule 10 Ins 10.12.1993. Am 23.10.1998.Div 4 Ins 10.12.1993.



Rule 11 Ins 10.12.1993. Am 23.10.1998.Divs 5, 6 (rules 12, 13)

Ins 10.12.1993. Rep 23.10.1998.

Div 6A (rules 13A–13C)

Ins 21.10.1994.

Div 7 Ins 10.12.1993.Rule 14 Ins 10.12.1993.Rules 15, 16 Ins 10.12.1993. Subst 24.11.1995.Rules 17, 18 Ins 10.12.1993.Rule 19 Ins 10.12.1993. Am 2005 (407), Sch 1 [140].Rule 20 Ins 10.12.1993.Rule 21 Ins 10.12.1993. Am 25.2.1994; 2005 (407), Sch 1 [141]–[143].Rules 22–27 Ins 10.12.1993.Rule 28 Ins 10.12.1993. Am 2005 (407), Sch 1 [144].Rules 29–31 Ins 10.12.1993.Rule 32 Ins 10.12.1993. Subst 24.2.1995. Am 2005 (407), Sch 1 [145] [146].Rule 33 Ins 10.12.1993. Am 25.2.1994.Rules 34, 35 Ins 10.12.1993.Div 8 Ins 10.12.1993.Rule 36 Ins 10.12.1993. Am 2005 (407), Sch 1 [147].Rule 37) Ins 10.12.1993.Div 9 (rule 38) Ins 25.2.1994.The whole Part Am 23.10.1998 (“the Commission” omitted wherever occurring, “ASIC”

inserted instead).Part 81 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Div 1 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rule 1 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rule 2 Ins 30.8.1985. Am 10.12.1993; 22.12.1995. Rep 2006 (405), Sch 1 [2].Rule 3 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rule 4 Ins 30.8.1985. Subst 10.12.1993. Rep 2005 (407), Sch 1 [148].Rule 5 Ins 30.8.1985. Am 2005 (407), Sch 1 [149]. Rep 2006 (405), Sch 1 [2].Rule 6 Ins 30.8.1985. Rep 2005 (407), Sch 1 [150].



Rule 7 Ins 30.8.1985. Am 26.9.1986; 23.12.1988; 10.12.1993; 2005 (407), Sch 1 [151] [152]. Rep 2006 (405), Sch 1 [2].

Rule 8 Ins 30.8.1985. Rep 2005 (407), Sch 1 [153].Rule 9 Ins 30.8.1985. Am 10.12.1993; 13.6.2003; 2005 (407), Sch 1 [154]. Rep

2006 (405), Sch 1 [2].Rules 10, 11 Ins 30.8.1985. Am 10.12.1993. Rep 2006 (405), Sch 1 [2].Rule 12 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rules 13, 14 Ins 30.8.1985. Rep 10.12.1993.Rule 15 Ins 30.8.1985. Rep 22.11.1985.Rule 16 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Div 2 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rule 17 Ins 30.8.1985. Subst 10.12.1993. Rep 2006 (405), Sch 1 [2].Rule 18 Ins 30.8.1985. Am 26.9.1986. Subst 10.12.1993. Rep 2006 (405), Sch 1

[2].Rules 19–22 Ins 30.8.1985. Subst 10.12.1993. Rep 2006 (405), Sch 1 [2].Rule 23 (previously rule 36)


Rules 23–35 Ins 30.8.1985. Rep 10.12.1993.Rule 36 Renumbered as rule 23,10.12.1993.Div 3 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rule 37 Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].Rule 38 Ins 30.8.1985. Subst 22.12.1995. Rep 2006 (405), Sch 1 [2].Rules 38A–38C Ins 22.12.1995. Rep 2006 (405), Sch 1 [2].Div 4 (Rules 39, 40)

Ins 30.8.1985. Rep 2006 (405), Sch 1 [2].

Part 82 Ins 3.1.1986. Subst 19.12.1997.Rule 1 Ins 3.1.1986. Am 17.11.1989. Subst 19.12.1997.Rule 2 Ins 3.1.1986. Am 26.9.1986; 22.9.1989. Subst 19.12.1997.Rule 3 Ins 3.1.1986. Am 14.2.1986. Subst 19.12.1997.Rule 4 Ins 3.1.1986. Subst 19.12.1997. Am 24.4.1998 (see erratum 1.5.1998).Rule 5 Ins 3.1.1986. Am 24.2.1989; 22.9.1989; 13.12.1991; 30.10.1992;

24.6.1994. Subst 19.12.1997. Am 24.4.1998 (see erratum 1.5.1998).Rule 6 Ins 3.1.1986. Subst 19.12.1997. Rep 2005 (407), Sch 1 [155].



Rule 7 Ins 3.1.1986. Am 24.2.1989. Rep 17.11.1989. Ins 19.12.1997. Am 2005 (407), Sch 1 [156] [157].

Rule 8 Ins 3.1.1986. Rep 19.12.1997. Ins 22.10.1999.Rules 9–14 Ins 3.1.1986. Rep 19.12.1997.Rule 15 Rep 17.11.1989.Rules 16, 17 Ins 3.1.1986. Rep 19.12.1997.Rule 18 Ins 3.1.1986. Subst 24.9.1993. Rep 19.12.1997.Rules 19–21 Ins 3.1.1986. Rep 19.12.1997.Part 83 Ins 23.12.1988. Subst 23.10.1998. Rep 2006 (405), Sch 1 [2].Rules 1–3 Ins 23.12.1988. Subst 23.10.1998. Rep 2005 (407), Sch 1 [158].Rule 4 Ins 23.10.1998. Rep 2005 (407), Sch 1 [158].Rule 5 Ins 23.10.1998. Rep 2006 (405), Sch 1 [2].Part 84 (rules 1–3)

Ins 2006 (137), Sch 1 [4].

Sch AAm 2.6.1972; 23.6.1972; 20.10.1972; 28.6.1974; 6.9.1974; 1.8.1975; 23.7.1976; 1.4.1977; 23.9.1977; 21.10.1977; 28.4.1978; 24.10.1980; 16.4.1982; 23.12.1983 (see erratum 13.1.1984); 26.4.1985; 22.9.1989. Rep 2005 (407), Sch 1 [159].

Sch BAm 2.6.1972; 23.6.1972; 30.6.1972; 20.10.1972; 27.10.1972; 7.9.1973; 25.10.1974; 13.6.1975; 1.8.1975; 22.8.1975; 26.3.1976; 27.5.1977; 21.12.1979; 29.8.1980; 29.6.1984; 25.3.1988; 23.12.1988; 22.9.1989. Rep 2005 (407), Sch 1 [159].

Sch CAm 2.6.1972; 23.6.1972; 30.6.1972; 20.10.1972; 27.10.1972; 7.9.1973; 25.10.1974; 13.6.1975; 1.8.1975; 22.8.1975; 26.3.1976; 27.5.1977; 21.12.1979; 29.6.1984; 23.12.1988; 22.9.1989. Rep 2005 (407), Sch 1 [159].

Sch D Subst 20.10.1972.Side note to heading

Am 23.9.1988.

Part 1 Subst 20.10.1972. Rep 28.10.1977.



Part 1 (previously Part 2)

Subst 20.10.1972. Am 1.6.1973; 24.8.1973; 7.9.1973; 5.10.1973; 7.12.1973; 25.10.1974; 4.4.1975; 13.6.1975; 23.7.1976; 25.3.1977; 29.4.1977; 22.7.1977. Renumbered 28.10.1977. Am 28.7.1978; 30.5.1980; 24.7.1981; 28.8.1981; 30.6.1982; 22.10.1982; 22.4.1983; 8.7.1983; 31.8.1984; 26.4.1985 (see erratum 10.5.1985); 5.7.1985; 23.8.1985; 22.8.1986; 19.6.1987; 25.9.1987; 26.8.1988; 23.12.1988; 14.7.1989; 22.12.1989; 20.4.1990; 25.5.1990; 22.6.1990; 20.7.1990; 15.2.1991; 15.3.1991; 6.3.1992; 27.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 2.4.1993; 20.8.1993; 24.9.1993; 31.3.1994 (see erratum 8.4.1994); 24.6.1994; 25.8.1995; 22.9.1995; 23.2.1996; 21.3.1997; 23.5.1997; 22.5.1998; 21.8.1998; 20.8.1999; 19.11.1999; 21.7.2000; 25.8.2000; 23.2.2001; 28.11.2003. Subst 27.8.2004. Am 2008 (62), Sch 1 [27]; 2009 (165), Sch 1 [2].


Am 2.6.1972; 30.6.1972. Subst 20.10.1972. Am 1.6.1973; 22.2.1974; 29.3.1974; 3.5.1974; 28.6.1974; 22.8.1975; 23.7.1976; 29.4.1977; 22.7.1977. Renumbered 28.10.1977. Am 28.10.1977; 28.7.1978; 8.7.1983; 23.12.1983; 31.5.1985; 22.11.1985; 24.4.1986; 12.9.1986; 20.11.1987; 23.9.1988; 19.5.1989; 20.10.1989; 23.2.1990; 22.6.1990; 28.4.1995; 23.5.1997; 21.5.1999; 24.11.2000; 23.2.2001; 19.10.2001 (see also 26.10.2001); 2005 (407), Sch 1 [160] [161]; 2005 (809), Sch 1 [2]; 2007 (446), Sch 1 [5]–[7].


Ins 20.10.1972. Am 23.2.1973; 29.3.1974; 13.6.1975; 22.7.1977. Renumbered 28.10.1977. Am 22.12.1978; 28.8.1981 (see erratum 18.9.1981); 25.9.1981; 30.10.1981; 7.5.1982; 30.6.1982; 9.12.1983; 20.9.1985; 22.11.1985; 23.12.1988; 20.10.1989; 20.7.1990; 15.2.1991; 30.10.1992; 2.4.1993 (see erratum 8.4.1993); 23.4.1993; 24.9.1993; 21.7.1995; 24.11.1995; 26.4.1996; 21.5.1999; 30.6.2000; 19.4.2002; 28.11.2003.

Sch E Rep 2005 (407), Sch 1 [162].Part 1 Am 7.7.1972; 11.8.1972. Subst 20.10.1972. Am 5.10.1973; 7.12.1973;

28.12.1973; 23.7.1976; 1.7.1977; 22.12.1978; 6.7.1979; 17.8.1979; 21.9.1979; 2.4.1982; 22.10.1982; 17.12.1982; 25.2.1983; 22.4.1983; 9.12.1983; 23.12.1983; 24.2.1984; 23.3.1984; 31.8.1984; 7.12.1984; 3.1.1986; 12.9.1986; 26.9.1986; 23.12.1988; 19.5.1989; 22.12.1989; 30.3.1989; 25.10.1991; 2.10.1992; 30.10.1992; 2.4.1993; 20.8.1993; 10.12.1993; 25.2.1994; 24.6.1994; 21.10.1994; 23.12.1994; 28.4.1995; 24.11.1995; 19.7.1996; 25.10.1996; 7.8.1998; 21.8.1998; 24.12.1998; 19.2.1999; 25.6.1999; 20.8.1999; 27.8.1999; 24.12.1999 (see also 25.2.2000); 24.11.2000; 19.10.2001 (see also 26.10.2001); 30.8.2002; 1.11.2002; 28.11.2003; 28.5.2004; 26.11.2004. Rep 2005 (407), Sch 1 [162].



Part 2 Ins 2.6.1972. Subst 20.10.1972. Am 24.8.1973; 5.10.1973; 2.11.1973; 7.12.1973; 4.4.1975; 22.12.1978; 21.9.1979; 30.6.1982; 22.10.1982 (see erratum 12.11.1982); 22.4.1983; 9.12.1983; 24.2.1984; 29.6.1984; 31.8.1984; 21.9.1984; 26.4.1985; 5.7.1985; 20.12.1985; 24.4.1986; 27.6.1986; 23.10.1987; 19.2.1988; 23.12.1988; 24.2.1989; 19.5.1989; 18.8.1989; 15.12.1989; 22.12.1989; 30.3.1990; 25.5.1990; 24.8.1990; 15.2.1991; 22.5.1992; 2.10.1992; 30.10.1992; 27.11.1992; 2.4.1993; 25.6.1993; 2.7.1993; 20.8.1993; 24.9.1993; 19.11.1993; 25.2.1994; 24.6.1994; 21.10.1994; 23.12.1994; 21.7.1995; 25.8.1995; 24.11.1995; 1.3.1996; 25.10.1996; 22.5.1998; 21.8.1998; 23.10.1998; 20.8.1999; 27.8.1999; 24.9.1999; 24.12.1999 (see also 25.2.2000); 20.4.2000; 24.11.2000; 11.5.2001; 23.11.2001; 30.8.2002; 31.10.2003; 19.12.2003; 1.10.2004. Rep 2005 (407), Sch 1 [162].

Sch F Ins 2.6.1972.Explanatory Notes

Ins 2.6.1972. Am 23.12.1977; 16.1.1981; 22.10.1982; 18.12.1987; 25.2.1994; 23.5.1997; 19.2.1999; 24.4.2003; 2007 (446), Sch 1 [8].

Form 1 Ins 2.6.1972. Subst 23.12.1977. Am 6.7.1979; 23.5.1980; 14.11.1980; 8.7.1983; 20.8.1993. Subst 25.8.1995 (see erratum 16.2.1996). Am 29.8.2003.

Forms 2, 3 Ins 2.6.1972. Am 23.12.1977; 8.7.1983.Form 4 Ins 2.6.1972. Am 23.12.1977.Form 5 Ins 2.6.1972. Am 4.4.1975; 1.8.1975; 23.12.1977; 21.4.1978; 24.4.1981

(see erratum 29.5.1981); 25.2.1983; 9.12.1983 (see erratum 13.1.1984); 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Subst 14.3.2003. Am 5.9.2003.

Form 6 Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 19.7.1985; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002; 13.6.2003; 5.9.2003.

Form 7 Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 6.7.1979; 14.11.1980; 24.4.1981 (see erratum 29.5.1981); 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Rep 13.6.2003.

Form 8 Ins 2.6.1972.Form 9 Ins 2.6.1972. Am 29.3.1974; 23.12.1977; 8.7.1983; 20.2.1998;

29.11.2002; 5.9.2003.Form 10 Ins 2.6.1972. Am 29.3.1974; 4.4.1975; 1.8.1975; 23.12.1977; 23.5.1980;

24.4.1981 (see erratum 29.5.1981); 25.2.1983; 9.12.1983 (see erratum 13.1.1984); 23.3.1984; 7.12.1984; 24.10.1986; 20.2.1987; 25.10.1996; 20.2.1998; 29.11.2002; 5.9.2003; 20.2.2004.

Form 11 Ins 2.6.1972. Am 29.3.1974. Rep 23.5.1980.Form 11A Ins 29.3.1974. Am 20.2.1998; 29.11.2002; 5.9.2003.



Form 11B Ins 29.3.1974. Am 4.4.1975; 23.12.1977; 24.4.1981 (see erratum 29.5.1981); 8.7.1983; 7.12.1984; 24.10.1986; 20.2.1987; 20.2.1998; 29.11.2002. Rep 13.6.2003.

Form 12 Ins 2.6.1972.Form 13 Ins 2.6.1972. Am 25.10.1996.Form 13A Ins 21.10.1977. Rep 6.7.1979. Ins 17.6.1988.Forms 14, 15 Ins 2.6.1972.Form 16 Ins 2.6.1972. Am 23.12.1977; 23.5.1980; 20.2.1987; 23.12.1988;

16.8.1991; 25.10.1991; 22.5.1992 (see erratum 12.6.1992); 27.11.1992; 23.5.1997; 2007 (446), Sch 1 [9].

Form 17 Ins 2.6.1972. Am 25.2.1983; 29.11.2002; 5.9.2003.Form 18 Ins 2.6.1972.Form 19 Ins 2.6.1972. Am 29.11.2002; 5.9.2003.Form 20 Ins 2.6.1972.Form 20A Ins 25.2.1983.Form 20B Ins 25.2.1983. Am 21.10.1994.Form 20C Ins 25.10.1996.Forms 21, 22 Ins 2.6.1972.Form 23 Ins 2.6.1972. Am 16.1.1981. Subst 24.2.1995.Form 24 Ins 2.6.1972.Form 25 Ins 2.6.1972. Am 31.8.1984. Rep 23.6.1989.Forms 26–30 Ins 2.6.1972. Rep 23.6.1989.Form 30A Ins 31.8.1984. Am 7.12.1984. Rep 23.6.1989.Form 31 Ins 2.6.1972. Rep 19.7.1996.Form 32 Ins 2.6.1972. Am 9.12.1983. Rep 19.7.1996.Form 33 Ins 2.6.1972.Forms 34, 35 Ins 2.6.1972. Am 26.9.1986.Form 36 Ins 2.6.1972. Subst 23.3.1984. Rep 22.9.1995.Form 37 Ins 2.6.1972. Subst 23.3.1984.Form 38 Ins 2.6.1972. Am 19.5.1989.Form 39 Ins 2.6.1972. Am 24.10.1986; 19.5.1989.Form 40 Ins 2.6.1972. Am 19.5.1989.Form 41 Ins 2.6.1972. Am 25.5.1990.



Forms 41A, 41B Ins 1.8.1975. Rep 29.8.2003.Form 42 Ins 2.6.1972. Am 31.5.1985; 24.4.1986; 21.11.1986.Form 43 Ins 2.6.1972.Form 43A Ins 4.3.2005.Form 44 Ins 2.6.1972. Am 21.2.1997.Form 45 Ins 2.6.1972. Am 14.7.1989; 21.5.1999.Form 45A Ins 1.3.1996. Am 31.8.2001.Form 45B Ins 1.3.1996. Am 24.5.1996; 31.8.2001.Form 45C Ins 1.3.1996. Am 31.8.2001.Form 45D Ins 1.3.1996.Form 45E Ins 1.3.1996. Am 31.8.2001.Forms 45F–45H Ins 1.3.1996.Form 46 Ins 2.6.1972. Subst 2.4.1982. Am 29.6.1984; 20.10.1989; 22.6.1990;

2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 21.10.1994; 31.8.2001. Subst 26.3.2004.

Form 46A Ins 2.4.1982. Am 29.6.1984; 20.10.1989; 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 21.10.1994; 25.8.1995; 31.8.2001. Rep 26.3.2004.

Form 46B Ins 20.10.1989. Am 22.6.1990; 2.10.1992; 26.2.1993; 2.4.1993; 20.8.1993; 31.8.2001. Rep 26.3.2004.

Form 47 Ins 2.6.1972. Subst 17.8.1979; 2.4.1982. Am 29.6.1984; 20.9.1985; 20.10.1989; 22.6.1990; 2.10.1992; 30.10.1992; 2.4.1993; 21.10.1994. Rep 26.3.2004.

Form 48 Ins 2.6.1972. Subst 17.8.1979; 2.4.1982. Am 29.6.1984; 20.9.1985; 20.10.1989; 22.6.1990; 2.10.1992; 30.10.1992; 26.2.1993; 2.4.1993; 21.10.1994; 31.8.2001. Rep 26.3.2004.

Form 49 Ins 2.6.1972. Am 21.10.1994.Forms 50, 51 Ins 2.6.1972. Am 30.3.1979.Form 51A Ins 5.10.1973. Am 22.5.1992. Subst 2.10.1992. Am 24.6.1994.Form 52 Ins 2.6.1972. Am 30.3.1979; 30.9.1988.Form 53 Ins 2.6.1972. Am 30.3.1979.Form 54 Ins 2.6.1972. Am 30.3.1979; 2.4.1993.Form 55 Ins 2.6.1972.Form 56 Ins 2.6.1972. Am 19.2.1988.Form 57 Ins 2.6.1972. Am 30.3.1979; 23.10.1987; 2.4.1993; 24.6.1994.



Forms 57A, 57B Ins 28.5.1982. Am 23.2.1990.Form 58 Ins 2.6.1972. Am 24.8.1973. Subst 1.5.1987. Am 2.4.1993.Form 59 Ins 2.6.1972. Am 23.5.1997. Subst 5.12.1997. Am 23.5.2003; 13.6.2003.

Rep 2007 (446), Sch 1 [10].Form 59A Ins 5.12.1997. Rep 2007 (446), Sch 1 [10].Form 60 Ins 23.5.1997. Rep 2007 (446), Sch 1 [10].Form 60AA (previously Form 60)

Ins 2.6.1972. Am 20.12.1974; 4.4.1975; 23.12.1977; 23.5.1980; 8.7.1983; 20.2.1987; 3.9.1993; 23.12.1994; 22.9.1995. Renumbered 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 60A Ins 3.9.1993. Am 22.9.1995. Rep 2007 (446), Sch 1 [10].Form 60B Ins 23.12.1994. Am 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].Form 60C Ins 23.12.1994. Am 24.2.1995; 23.5.1997. Subst 5.12.1997. Rep 2007

(446), Sch 1 [10].Form 61 Ins 2.6.1972. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].Form 61AA Ins 3.9.1993. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].Form 61A Ins 21.12.1979. Am 24.8.1990. Subst 14.12.1990; 23.12.1994. Am

22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].Form 61B Ins 23.12.1994. Am 23.5.1997. Rep 2007 (446), Sch 1 [10].Form 62 Ins 2.6.1972. Am 4.4.1975; 23.12.1977; 23.5.1980; 19.7.1985;

20.2.1987; 22.9.1995; 22.3.1996; 23.5.1997; 13.6.2003. Rep 2007 (446), Sch 1 [10].

Form 62A Ins 22.8.1975. Am 23.12.1977; 23.5.1980; 20.2.1987; 22.9.1995; 23.5.1997. Rep 2007 (446), Sch 1 [10].

Form 62AA Ins 16.1.1981. Am 8.7.1983; 23.5.1997 (see erratum 14.11.1997). Rep 2007 (446), Sch 1 [10].

Form 62AA1 Ins 24.7.1998. Am 23.10.1998; 20.4.2000. Rep 2007 (446), Sch 1 [10].Form 62AAA Ins 20.4.1990. Am 2.10.1992.Form 62AB Ins 9.12.1983.Form 62AC Ins 23.12.1983. Am 2.10.1992.Forms 62AD, 62AE

Ins 2.10.1992.

Form 62B Ins 23.5.1980. Am 2.10.1992.Form 63 Ins 2.6.1972. Am 23.12.1983; 2.10.1992.Form 64 Ins 2.6.1972.Form 64A Ins 7.7.1972.



Form 64B Ins 25.5.1990.Form 65 Ins 2.6.1972.Form 66 Ins 2.6.1972. Am 28.7.1978; 21.2.1997.Form 67 Ins 2.6.1972.Forms 68, 69 Ins 2.6.1972. Am 23.12.1988. Subst 2.10.1992.Form 69A Ins 2.10.1992. Rep 2008 (62), Sch 1 [28].Form 69B Ins 2.10.1992. Am 30.10.1992. Rep 2008 (62), Sch 1 [28].Form 70 Ins 2.6.1972. Am 19.7.1985.Form 70AA Ins 21.5.1993. Am 24.6.1994; 24.4.1998.Form 70A Ins 20.12.1985. Am 20.9.1991.Form 70B Ins 20.4.2000. Rep 2008 (493), rule 2.Form 71 Ins 2.6.1972. Am 30.3.1979.Forms 71A, 71B Ins 24.10.1986. Rep 24.9.1993.Forms 71C, 71D Ins 22.12.1989.Form 71E Ins 22.12.1989. Am 21.8.1998.Form 72 Ins 2.6.1972. Am 23.12.1977; 19.7.1985; 20.2.1987. Subst 24.4.2003.

Am 13.6.2003. Rep 2008 (62), Sch 1 [28].Form 73 Ins 2.6.1972. Am 25.10.1996. Rep 24.4.2003.Form 73A Ins 27.3.1987. Rep 24.4.2003.Form 73B Ins 27.3.1987. Am 22.11.1996. Rep 24.4.2003.Form 74 Ins 2.6.1972. Subst 24.4.2003. Rep 2008 (62), Sch 1 [28].Form 74AA Ins 29.6.1984 (see erratum 27.7.1984). Am 2.10.1992; 2.4.1993;

25.10.1996.Form 74AB Ins 29.6.1984. Am 2.10.1992; 2.4.1993; 25.8.1995; 25.10.1996.Form 74AC Ins 29.6.1984. Am 2.10.1992; 2.4.1993; 25.10.1996.Form 74AD Ins 29.6.1984 (see erratum 27.7.1984). Am 2.10.1992; 2.4.1993;

25.10.1996.Form 74AE Ins 31.12.1987. Am 25.2.2000; 29.8.2003; 17.12.2004.Form 74AF Ins 25.6.1993. Am 20.8.1993. Subst 19.11.1993. Am 19.11.1993;

22.3.1996. Subst 26.4.1996 (see errata 3.5.1996). Am 19.12.1997; 20.10.2000.

Form 74AG Ins 19.11.1993. Am 19.11.1993; 22.3.1996. Rep 26.4.1996.Form 74AH Ins 19.11.1993.



Forms 74AHA, 74AHB

Ins 24.11.2000.

Form 74AI Ins 19.11.1993. Am 22.3.1996; 19.12.1997. Subst 20.10.2000. Rep 23.11.2001.

Forms 74AJ, 74AK

Ins 22.9.1995. Am 25.2.2000; 29.8.2003.

Form 74A Ins 21.12.1973. Am 4.4.1975; 23.12.1977; 19.10.1979; 8.7.1983; 29.8.2003.

Forms 74B, 74C Ins 21.12.1973. Am 19.10.1979; 29.8.2003.Form 74D Ins 21.12.1973. Am 25.5.1990. Rep 19.12.1997.Form 74E Ins 21.12.1973. Rep 19.10.1979.Form 75 Ins 23.6.1972. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1

[28].Forms 76, 77 Ins 23.6.1972. Rep 29.6.1984.Forms 78, 79 Ins 23.6.1972. Subst 29.6.1984. Am 21.10.1994. Rep 2008 (62), Sch 1

[28].Forms 80, 81 Ins 23.6.1972. Subst 29.6.1984. Rep 2008 (62), Sch 1 [28].Form 82 Ins 23.6.1972. Rep 29.6.1984.Form 83 Ins 23.6.1972. Am 1.6.1973. Subst 29.6.1984. Am 24.6.1994. Rep 2008

(62), Sch 1 [28].Form 83A Ins 2005 (171), Sch 1 [11]. Rep 2008 (62), Sch 1 [28].Form 84 Ins 23.6.1972. Am 1.6.1973. Rep 29.6.1984.Form 85 Ins 23.6.1972. Rep 29.6.1984.Form 86 Ins 23.6.1972. Subst 29.6.1984. Am 24.6.1994. Rep 2008 (62), Sch 1

[28].Form 86A Ins 2005 (171), Sch 1 [12]. Rep 2008 (62), Sch 1 [28].Form 87 Ins 23.6.1972. Am 29.6.1984; 19.2.1999. Rep 4.5.2001.Form 88 Ins 23.6.1972. Am 29.6.1984; 21.10.1994. Rep 4.5.2001.Form 89 Ins 30.6.1972. Rep 30.5.1980.Form 89A Ins 27.10.1972. Subst 29.3.1974. Am 1.7.1977; 24.7.1992. Subst

21.7.2000.Form 89B Ins 22.8.1975. Rep 1.7.1977. Ins 8.7.1983. Am 19.7.1985.Form 89C Ins 21.12.1984. Am 20.7.1990; 19.7.1996. Rep 24.7.1998.Forms 89D, 89E Ins 12.7.1985. Rep 24.10.1986. Ins 14.12.1990.Forms 89F, 89G Ins 23.5.1986. Subst 15.12.1989; 14.12.1990.



Form 89H Ins 13.3.1987. Subst 15.12.1989. Am 28.5.2004.Form 89I Ins 13.3.1987. Subst 15.12.1989. Am 23.2.1996; 28.5.2004.Forms 89J, 89K Ins 13.3.1987. Am 28.5.2004.Form 89KA Ins 23.11.2001.Form 89L Ins 25.2.2000.Form 90 Ins 30.6.1972. Am 23.12.1977; 25.5.1984; 23.8.1985 (see erratum

6.9.1985); 13.12.1991; 20.8.1999; 13.6.2003; 2008 (62), Sch 1 [29].Forms 91, 92 Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30].Form 92A Ins 25.5.1984. Am 20.8.1999; 2008 (62), Sch 1 [30].Form 93 Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [30].Forms 94, 95 Ins 30.6.1972.Form 96 Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985). Subst 19.8.1994.Form 97 Ins 30.6.1972. Am 24.12.1981; 25.8.1989; 13.12.1991. Subst 19.8.1994.

Am 25.11.1994; 25.8.1995; 22.11.1996.Form 98 Ins 30.6.1972. Am 25.5.1984; 23.8.1985 (see erratum 6.9.1985);

26.9.1986. Subst 13.12.1991; 19.8.1994. Am 23.9.1994; 25.8.1995; 22.11.1996. Subst 20.8.1999.

Form 98A Ins 24.12.1981. Am 23.8.1985 (see erratum 6.9.1985). Rep 19.8.1994. Ins 20.8.1999. Am 21.3.2003.

Form 99 Ins 30.6.1972. Am 24.12.1981. Rep 19.8.1994.Form 99 (previously Form 100A)

Ins 23.8.1985. Renumbered 19.8.1994. Am 23.9.1994; 21.3.2003.

Form 99A Ins 24.12.1981. Am 23.8.1985 (see erratum 6.9.1985). Rep 19.8.1994.Form 100 Ins 30.6.1972. Am 1.7.1977; 24.12.1981; 23.8.1985; 25.8.1989;

13.12.1991. Rep 19.8.1994.Form 100A Renumbered (as Form 99) 19.8.1994.Form 100B Ins 23.8.1985. Am 25.8.1989; 13.12.1991. Rep 19.8.1994.Form 101 Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985); 25.8.1995. Subst

20.8.1999.Form 102 Ins 30.6.1972. Am 24.12.1981; 23.8.1985 (see erratum 6.9.1985);

20.8.1999.Form 103 Ins 30.6.1972. Am 23.8.1985 (see erratum 6.9.1985); 20.8.1999.Form 103A Ins 23.8.1985. Am 25.10.1996.Form 103AA Ins 20.8.1999.



Form 103B Ins 23.8.1985. Subst 20.8.1999. Am 2008 (62), Sch 1 [31].Form 104 Ins 30.6.1972. Am 24.12.1981 (see erratum 19.2.1982); 23.8.1985;

25.8.1989; 13.12.1991. Subst 19.8.1994. Am 23.9.1994; 25.8.1995; 22.11.1996.

Form 105 Ins 30.6.1972.Form 105A Ins 25.5.1984. Am 25.8.1989. Subst 19.8.1994. Am 21.10.1994;

25.8.1995.Form 106 Ins 30.6.1972. Am 24.12.1981 (see erratum 23.7.1982); 13.12.1991.

Subst 19.8.1994. Am 25.11.1994; 25.8.1995; 22.11.1996.Form 106A Ins 24.12.1981. Subst 19.8.1994. Am 21.10.1994.Form 106B Ins 25.8.1989. Am 2008 (62), Sch 1 [32].Form 106CA Ins 26.4.1996.Form 106C Ins 25.8.1989.Form 106D Ins 13.12.1991. Am 25.8.1995; 19.2.1999; 2008 (62), Sch 1 [33] [34].Form 106E Ins 13.12.1991. Am 25.8.1995; 19.2.1999; 2008 (62), Sch 1 [33] [35].Form 106F Ins 13.12.1991. Am 25.8.1995; 20.8.1999; 2008 (62), Sch 1 [33].Form 107 Ins 30.6.1972. Am 23.12.1977. Rep 13.6.2003.Form 108 Ins 30.6.1972. Am 23.12.1977; 19.2.1999; 2008 (62), Sch 1 [33].Form 109 Ins 30.6.1972. Am 23.12.1977; 25.8.1989; 19.2.1999; 2008 (62), Sch 1

[33].Form 110 Ins 30.6.1972. Am 23.12.1977.Form 111 Ins 30.6.1972. Am 23.12.1977; 19.2.1999; 2008 (62), Sch 1 [33].Form 112 Ins 30.6.1972. Am 23.12.1977.Form 113 Ins 30.6.1972. Am 25.8.1989.Form 114 Ins 30.6.1972. Am 23.12.1977; 26.4.1996; 19.2.1999. Subst 1.11.2002.

Am 2008 (62), Sch 1 [33] [36] [37].Form 115 Ins 30.6.1972. Am 23.12.1977; 25.8.1989; 26.4.1996; 19.2.1999. Rep

1.11.2002. Ins 26.11.2004.Form 115A Ins 13.12.1991. Am 26.4.1996; 19.2.1999. Rep 1.11.2002.Form 116 Ins 30.6.1972. Am 19.8.1994. Subst 22.11.1996. Am 19.2.1999.Form 116A Ins 22.11.1996.Form 117 Ins 30.6.1972. Am 2008 (62), Sch 1 [38].Form 118 Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [33] [38].Form 119 Ins 30.6.1972.



Form 120 Ins 30.6.1972. Am 19.2.1999; 2008 (62), Sch 1 [33].Form 121 Ins 4.5.1973. Subst 23.12.1977 (see erratum 23.6.1978). Am 8.7.1983;

13.12.1991. Subst 19.3.1999. Am 25.6.1999; 2008 (62), Sch 1 [38]–[40].Form 121A Ins 19.3.1999. Rep 2008 (62), Sch 1 [28].Form 122 Ins 27.5.1977. Am 23.12.1977; 24.4.1981 (see erratum 29.5.1981);

8.7.1983; 7.12.1984; 24.10.1986; 20.2.1987; 26.8.1988.Forms 123, 124 Ins 27.5.1977.Form 125 Ins 30.6.1982.Form 126 Ins 30.6.1982 (see erratum 9.7.1982).Form 127 Ins 30.6.1982. Am 21.10.1994.Form 128 Ins 30.6.1982.Form 129 Ins 30.6.1982. Am 21.10.1994.Forms 130, 131 Ins 30.6.1982.Form 132 Ins 30.6.1982. Am 22.10.1982.Form 133 Ins 30.6.1982.Form 134 Ins 30.6.1982. Am 22.10.1982.Form 135 Ins 30.6.1982.Form 135A Ins 14.2.1986. Am 20.4.1990.Form 136 Ins 30.6.1982.Form 136A Ins 20.4.1990.Forms 137–140 Ins 30.6.1982.Form 141 Ins 30.6.1982. Am 21.10.1994.Form 142 Ins 30.6.1982 (see erratum 9.7.1982).Forms 143–147 Ins 30.6.1982.Form 148 Ins 30.6.1982. Am 21.10.1994.Forms 149–153 Ins 30.6.1982.Form 154 Ins 30.6.1982 (see erratum 9.7.1982).Form 154A Ins 2.7.1993.Form 154BA Ins 10.12.1993.Form 154B Ins 10.12.1993. Am 25.2.1994; 19.8.1994. Subst 23.10.1998.Forms 154C, 154D

Ins 10.12.1993. Rep 23.10.1998.

Form 154E Ins 10.12.1993. Am 21.10.1994. Rep 23.10.1998.



Forms 154FA, 154FB

Ins 24.11.1995.

Form 154F Ins 10.12.1993. Am 25.2.1994.Forms 154G, 154H

Ins 10.12.1993.

Form 154I Ins 10.12.1993. Subst 21.10.1994.Form 154J Ins 10.12.1993.Form 154K Ins 10.12.1993. Am 21.10.1994.Form 154L Ins 10.12.1993.Form 154M Ins 10.12.1993. Am 25.2.1994.Form 154N Ins 10.12.1993.Forms 155, 156 Ins 30.8.1985 (see erratum 11.10.1985). Rep 10.12.1993.Form 157 Ins 3.1.1986. Subst 14.2.1986; 19.12.1997. Am 24.4.1998 (see erratum

1.5.1998).Form 158 Ins 3.1.1986. Am 17.11.1989. Rep 19.12.1997. Ins 29.11.2002. Am

5.9.2003.Form 159 Ins 3.1.1986. Rep 19.12.1997.Form 160 Ins 3.1.1986. Am 24.9.1993; 23.2.1996. Rep 19.12.1997.Forms 161, 162 Ins 2006 (137), Sch 1 [5].Index of Forms Ins 2.6.1972. Am 23.6.1972; 30.6.1972; 17.7.1972; 4.5.1973; 5.10.1973;

21.12.1973; 29.3.1974; 1.8.1975; 22.8.1975; 27.5.1977; 1.7.1977; 21.10.1977; 23.12.1977; 6.7.1979; 19.10.1979; 21.12.1979; 23.5.1980; 24.12.1981; 28.5.1982; 30.6.1982; 25.2.1983; 8.7.1983; 9.12.1983; 23.12.1983; 25.5.1984; 29.6.1984; 31.8.1984; 21.12.1984; 12.7.1985; 23.8.1985 (see erratum 6.9.1985); 30.8.1985; 20.12.1985; 3.1.1986; 14.2.1986; 23.5.1986; 24.10.1986; 13.3.1987; 27.3.1987; 31.12.1987; 17.6.1988; 19.5.1989; 23.6.1989; 20.10.1989; 15.12.1989; 22.12.1989; 20.4.1990; 25.5.1990; 14.12.1990; 13.12.1991; 24.9.1993; 19.11.1993; 10.12.1993; 25.2.1994; 19.8.1994; 21.10.1994; 23.12.1994; 22.9.1995; 24.11.1995; 1.3.1996; 26.4.1996; 25.10.1996; 22.11.1996; 21.2.1997; 23.5.1997; 5.12.1997; 19.12.1997; 24.7.1998; 19.3.1999; 20.8.1999; 25.2.2000; 21.7.2000; 24.11.2000; 1.11.2002; 29.11.2002; 21.3.2003; 24.4.2003; 13.6.2003; 29.8.2003; 26.3.2004; 28.5.2004; 26.11.2004; 4.3.2005; 2005 (171), Sch 1 [13] [14]; 2007 (446), Sch 1 [11]; 2008 (62), Sch 1 [41] [42].

Sch G Ins 7.7.1972.Table 1 Ins 7.7.1972. Am 11.1.1974; 1.8.1975; 23.7.1976; 23.9.1977;

21.10.1977; 21.12.1979; 24.10.1980; 16.4.1982; 30.6.1982; 22.10.1982; 19.8.1983; 23.12.1983; 26.9.1986; 20.10.1989.



Table 2 Ins 7.7.1972. Am 28.9.1973; 21.12.1973. Subst 11.1.1974. Am 1.8.1975; 5.12.1975; 17.12.1976; 23.9.1977; 28.4.1978. Subst 24.10.1980; 16.4.1982. Am 13.5.1983; 23.12.1983; 1.10.2004.

Table 3 Ins 7.7.1972. Am 22.3.1974; 1.8.1975; 23.9.1977; 24.10.1980; 24.7.1981; 16.4.1982; 23.12.1983.

Table 4 Ins 7.7.1972. Am 6.9.1974; 23.9.1977; 24.10.1980; 16.4.1982; 23.12.1983.

Table 5 Ins 7.7.1972. Subst 22.3.1974; 23.12.1977. Am 16.4.1982.Table 6 Ins 7.7.1972. Am 5.10.1973; 22.3.1974; 6.9.1974; 1.8.1975; 5.12.1975;

26.3.1976; 23.9.1977; 30.5.1980; 24.10.1980; 16.4.1982; 23.12.1983; 29.6.1984; 27.6.1986 (see erratum 18.7.1986); 20.3.1987; 2.12.1988; 20.10.1989; 6.3.1992.

Sch G1 Ins 6.3.1992 (see errata 7.8.1992). Am 26.2.1993. Subst 23.2.2001. Am 26.3.2004.

Sch H Ins 24.8.1973. Rep 2005 (407), Sch 1 [162].Heading Ins 24.8.1973. Am 19.2.1999 (see also 25.6.1999); 25.6.1999. Rep 2005

(407), Sch 1 [162].Part 1 Ins 24.8.1973. Am 1.8.1975; 22.8.1975; 26.3.1976; 25.3.1977; 1.7.1977;

24.11.1978; 6.7.1979; 24.7.1981; 8.10.1982; 24.2.1984; 31.8.1984; 26.4.1985; 23.8.1985; 20.12.1985; 24.4.1986; 22.8.1986; 20.2.1987; 4.9.1987; 18.12.1987; 17.6.1988; 23.9.1988; 21.4.1989; 17.11.1989; 15.12.1989; 23.2.1990; 15.2.1991; 16.8.1991; 25.10.1991; 27.3.1992; 22.5.1992; 2.10.1992; 30.10.1992; 26.2.1993; 25.6.1993; 21.7.1995; 24.11.1995; 26.4.1996; 19.7.1996; 22.8.1997; 21.11.1997; 24.7.1998; 25.6.1999; 20.8.1999; 30.6.2000; 25.8.2000. Rep 2005 (407), Sch 1 [162].

Part 2 Ins 24.8.1973. Subst 1.8.1975. Rep 2005 (407), Sch 1 [162].Sch I Ins 3.1.1986. Am 22.9.1989. Subst 2005 (407), Sch 1 [163]. Rep 2006

(405), Sch 1 [3].Sch J Ins 24.8.1990. Am 15.2.1991; 16.8.1991; 21.2.1992; 21.8.1992;

20.8.1993; 24.2.1995; 21.2.1997; 22.8.1997; 21.8.1998; 25.2.2000; 25.8.2000; 31.8.2001; 1.3.2002. Subst 2005 (407), Sch 1 [163]. Am 2006 (138), Sch 1; 2008 (339), cl 2; 2009 (165), Sch 1 [3]; 2009 No 56, Sch 2.69.

Sch K Ins 28.1.2000. Rep 2005 (407), Sch 1 [163].



All Parts and Schedules

Am 2005 (407), Sch 1 [1] (“a master” and “a master’s” omitted wherever occurring, “an associate Judge” and “an associate Judge’s” inserted instead, respectively) [2] (“master”, “master’s”, “masters” and “masters’” omitted wherever occurring, “associate Judge”, “associate Judge’s”, “associate Judges” and “associate Judges’” inserted instead, respectively) [3] (“a Master” and “a Master’s” omitted wherever occurring, “an associate Judge” and “an associate Judge’s” inserted instead, respectively) [4] (“Master”, “Master’s”, “Masters” and “Masters’” omitted wherever occurring, “associate Judge”, “associate Judge’s”, “associate Judges” and “associate Judges’” inserted instead, respectively).
