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This item is authorised by the following title:
Judiciary Act 1903
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C2004H01814
17 September 2001
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30 September 2002
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Volume 1
1 Name of rules [see Note 1]
2 Commencement
3 Repeal and saving
4 Pending proceedings etc
5 Interpretation
6 Reference to Acts etc
7 Commencement of proceedings
8 Title of proceedings
1 Endorsement of claim
2 Costs of prolix writs
3 Form of writ
4 Leave to issue out of Commonwealth
5 Form of writ for service out of the Commonwealth
6 Admiralty action
7 Dating and testing of writs
1 Endorsement under Order 2, rule 1
2 Forms of endorsement
3 Endorsement to show representative capacity
4 Endorsement where the claim is liquidated
5 Ordinary account
6 Libel
1 Where plaintiff sues by solicitor
2 Where plaintiff sues in person
3 Address for service
4 Where notice is served in lieu of writ
5 Matters not commenced by writ
1 Writs etc may be issued out of any Registry
2 Endorsement as to appearance on writs etc issued out of Principal Registry
4 Preparing and printing writs
5 Signing etc by proper officer
6 Copy of writ etc to be left with proper officer
7 Filing and marking of copy of writ etc
8 Admiralty, arrest warrant after affidavit
9 Special circumstances
10 Time for appearance to be limited by writ
11 Actions by Attorney-General on relation
1 Concurrent writs, how issued etc
2 Period during which concurrent writ in force
3 Concurrent writs for service within, and outside, the Commonwealth
4 Concurrent originating process
1 Where name of solicitor endorsed on writ
2 Change of solicitor
3 Notice of appointment of solicitor
4 Notice of intention to act in person
5 Power to act through new solicitor
6 Removal of solicitor from the record at the instance of another party
7 Withdrawal of solicitor who has ceased to act for a party
8 Solicitor not to act for adverse parties
1 Original writ in force for 12 months
2 Evidence of renewal
3 Lost writ
1 Undertaking to accept service
2 When service required, how effected
3 Substituted service
4 Infant
5 Persons of unsound mind
6 Service on corporations etc
7 Service on agent
8 Service in action for recovery of land
9 Admiralty actions in rem
10 Service of warrant of arrest
11 Service of writ or warrant, how effected
12 When cargo landed
13 Where no access to cargo
14 Proceeds in Court
15 Endorsement after service
1 In certain cases service of writ etc allowed outside Commonwealth
2 Agreement as to jurisdiction and mode of service
3 Application to be supported by evidence
4 Order to fix time for appearance
5 Notice of writ
6 Service of notice of writ
7 Service abroad by letter of request
8 Other originating processes
9 Service of Australian documents in Convention countries
10 Validity of other service
11 Air mail
12 British subjects residing outside the Commonwealth
13 Actions under Civil Aviation (Carriers’ Liability) Act 1959
14 Power of Court to cause persons to be informed
1 Appearance in Registry
2 Where defendant does not reside etc in district
3 Mode of entering appearance; memorandum and duplicate
4 Conditional appearance
5 Motion to set aside writ
6 Notice of entry to plaintiff
7 Entry by defendant entitled to enter at Principal Registry
8 Defendant’s address for service
9 Defendant in person
10 Address for service
11 Memorandum irregular, address fictitious
12 Form of memorandum of appearance
13 Officer to enter memorandum
14 Appearance at Principal Registry to be notified to District Registry
15 Defendants appearing by same solicitor
16 Solicitor not entering appearance
17 Bail bond in Admiralty actions
18 Time for filing bond
19 Commissioner in certain cases not to take bail
20 Commission recoverable on taxation
21 Time for appearance
22 Admiralty intervention
23 Recovery of land
24 Landlord appearing
25 Recovery of land, person not named defendant
26 Recovery of land, limiting defence
1 Default of appearance by infant or person of unsound mind; notice of application
2 Default of appearance generally
3 Liquidated demand endorsed
4 Liquidated demand; several defendants
5 Detention of goods
6 Detention of goods; several defendants
7 Detention of goods, damages and liquidated demand; final and interlocutory judgment
8 Recovery of land
9 Other claims
10 Plaintiff not proceeding — judgment for costs
11 Setting aside judgment
12 Action in District Registry; time for entering judgment
13 Default of appearance in cases not otherwise specially provided for
14 Default in Admiralty action
15 Default in Admiralty action
16 Default of appearance to originating summons
17 Judgment against one not to prejudice right against other defendant
1 Special endorsement
2 Judgment on writ specially endorsed under O. III r. 4
3 Application by summons
4 Defendant may show cause
5 Examination of witnesses
6 Judgment for part of claim
7 Where one defendant has good defence, but other not
8 Leave to defend
9 Summary disposal
10 Assessment of damages
11 Directions as to trial
12 Relief from forfeiture
13 Fresh application
1 Judgment on writ for specific performance
2 Application by summons
3 Defendant may show cause
4 Examination of witnesses
5 Leave to defend
6 Directions as to trial
7 Summary disposal
1 Order for account
2 Application, how made
3 Judgment without pleadings
4 Evidence
5 Action may be directed to proceed in usual course
1 Persons claiming jointly, severally or in the alternative may be plaintiffs
2 No other proceeding to be brought for same claim
3 Proceeding in name of wrong plaintiff
4 Misjoinder and non-joinder
5 Consent of plaintiff or next friend
6 Counterclaim — misjoinder
7 All persons may be joined as defendants
8 Defendant need not be interested in all the relief
9 Joinder of persons severally, or jointly and severally liable
10 Plaintiff in doubt as to person from whom redress is to be sought
11 Trustees, executors etc may sue and be sued in respect of estate
12 Numerous persons
13 Power to approve compromise
14 Application to add or strike out
15 Where defendant added
16 Actions under Act and Convention
17 Initial letters may be used
18 Proceedings by infants
19 Persons of unsound mind
20 Appearance by infant
21 Guardian ad litem
22 Other cases
23 Next friend or relator
24 Consent of persons under disability to procedure
25 Removal and appointment of next friend or guardian ad litem
26 Suing or defending as poor person
27 Disqualification
28 Case before counsel
29 Affidavit in support of application
30 No Court fees payable
31 Order to be filed
32 Memorandum of filing
33 Assignment of counsel or solicitor
34 Prohibition of fees
35 Revoking order
36 Settlement etc and discharge of solicitor
37 Alteration in means of poor person
38 Solicitor to sign notices etc
39 Failure to proceed
40 Costs — poor persons
41 Liability of poor person for costs
42 Costs where order obtained by fraud
43 Costs to solicitor from proceeds of action
44 Appointment of person to represent next of kin or a class
45 Residuary legatee and next of kin
46 Person interested in proceeds of realty
47 Residuary devisee or next of kin
48 Cestuis que trust
49 Waste
50 Executor, administrator or trustee
51 Notice of judgment to be served on certain persons and its effect
52 Order for liberty to attend not necessary, but appearance to be entered
53 Memorandum of service to be entered in the Registry
54 Form of memorandum
55 Service of notice of judgment on infants etc
56 Court may appoint or dispense with legal personal representative
57 Administration — appearance at chambers in respect of creditor’s claims
1 Third party procedure
2 Form and issue of notice
3 Effect of notice
4 Appearance
5 Default by third party
6 Where judgment by default against defendant
7 Third party directions
8 Leave to defend
9 At trial
10 Costs
11 Fourth and subsequent parties
12 Co-defendants
13 Counterclaim
1 Proceeding not abated where cause of action continued
2 Order to carry on proceeding
3 Service of order to continue proceeding
4 Application to discharge order by person under no disability or having a guardian
5 By person under disability having no guardian
6 Death of sole plaintiff or defendant
7 Solicitor of plaintiff to give notice of abatement
8 Abated proceeding to be struck out
1 All causes of action may be joined
2 Claims of trustees in bankruptcy etc
3 Husband and wife
4 Executor and administrator
5 Claims by joint plaintiffs
6 Remedy for misjoinder
7 Order for exclusion
1 Pleadings in High Court
2 Delivery of pleadings — costs of prolix pleadings
3 Set-off and counterclaim
4 Pleading to state material facts and not evidence
5 Particulars to be given where necessary
6 Further and better statement or particulars
7 Letter for particulars
8 Particulars before defence
9 Order for particulars when a stay
10 Printing etc of pleadings
11 Delivery of pleadings
12 Marking pleadings
13 “Not guilty by statute” abolished
14 Specific denial
15 Condition precedent
16 What must be specially pleaded
17 Departure
18 Denial to be specific
19 Joinder of issue
20 Evasive denial
21 Denial of contract
22 Effect of documents to be stated
23 Malice, knowledge, condition of mind etc
24 Rolled-up plea
25 Notice
26 Implied contract or relation
27 Presumptions of law
28 Actions for trespass
29 Striking out pleadings
30 Preliminary Act
1 Statement of claim
2 Allegation of jurisdiction
3 Claim beyond endorsement
4 Relief to be specifically stated
5 Relief founded on separate grounds
6 Stated or settled account
1 Mere denial insufficient
2 Defences to actions on bills etc
3 Defences to actions under Order 13, r. 1 (1) (a) and (b)
4 Pleading to damage
5 Persons in representative capacity
6 Time for delivery of defence
7 Where leave to defend given under Order 13 or 14
8 Proper admissions not made
9 Allowable counterclaim
10 Title on counterclaim
11 Counterclaim against person not party
12 Appearance by added parties
13 Reply to counterclaim
14 Exclusion of counterclaim
15 Discontinuance
16 Judgment for balance
17 Plea in abatement
18 Plea of possession
1 Payment into Court
2 Plaintiff may take out money
3 Money remaining in Court
4 Several defendants
5 Counterclaim
6 Non-disclosure of payment into Court
7 Payment into Court under certificate
8 Money paid into Court under order
9 Notice of payment in
10 Duty
11 Money recovered by or paid into account for infant or person of unsound mind
1 Time for reply
2 Reply to counterclaim
3 Subsequent pleadings — time for pleading after reply
4 New assignment
1 New grounds of defence arising
2 Further defence or reply
3 Confession of defence
1 Demurrer
2 Demurrer to state whether the whole or part — frivolous demurrer may be set aside with costs
3 Delivery
4 Demurrer and pleading in one document
5 Leave to plead and demur together not necessary
6 Demurrer to claim founded on document
7 Demurrer not entered for argument to be held sufficient
8 Form of setting down for argument
9 When demurrer required to be heard before Full Court
10 Copy pleadings for Justices
11 Amendment pending demurrer
12 Costs
13 Effect of decision on demurrer going to whole action
14 Where demurrer allowed to part of a pleading, that part is to be deemed to be struck out
15 Demurrer overruled with leave to plead
16 Points of law may be raised by pleadings
17 Dismissal of action
18 Striking out pleading where no reasonable cause of action disclosed
19 Declaratory judgment
1 Discontinuance by a party
2 Withdrawal by consent
3 Entering judgment on discontinuance
1 Default of plaintiff in delivering statement of claim
2 Claim for debt or liquidated demand
3 Several defendants, default of one
4 Damages — detention of goods
5 Default of one or more defendants
6 Debt or damages and detention of goods or damages
7 Recovery of land
8 Claims joined with claim for recovery of land
9 Where a defence is delivered to part of claim only
10 Admiralty actions in rem
11 Defendant in default
12 One of several defendants default
13 Close of pleadings on default
14 Default of third party
15 Setting aside judgment by default
16 Effect of judgment by default
17 Counterclaims
1 Amendment of endorsement
2 When plaintiff may amend without leave
3 By defendant
4 Disallowance of amendment, application for, within 14 days
5 Pleading to amendment
6 Other cases
7 Failure to amend under order
8 How amendments made
9 Date of order and date of amendment to be marked
10 Delivery of amended document
11 Clerical mistakes and accidental omissions
12 General power to amend
13 Costs
1 Caveat against warrant to arrest
2 Caveat Warrant Book
3 Search for caveat before issue of arrest warrant in District Registry
4 Writ to be served on party entering caveat
5 Security to be given within 3 days
6 If security not given, action may proceed as on default
7 Judgment may be enforced by attachment and warrant
8 Release
9 Caveat against release
10 Payment into Court
11 Release of cargo arrested for freight only
12 In salvage actions
13 On giving security
14 On consent or discontinuance or dismissal of action
15 Release to be left with Marshal
16 Registrar may require Justice’s order
17 Liability for delaying release
18 Arrest notwithstanding caveat
19 Caveat Payment Book
20 Caveat against payment out of Court
21 Liability for delaying payment
22 Address of caveator
23 Withdrawal of caveats
24 Caveats may be overruled
25 Caveat in Admiralty actions in force for 6 months
1 Summons for directions
2 Interlocutory proceedings
3 No affidavit to be used without leave
4 Parties to apply for directions
5 Subsequent applications
6 Costs of subsequent applications
7 Consolidation of proceedings
1 Discovery by interrogatories
2 Further interrogatories by leave
3 Copy to be filed
4 Interrogatories to corporation or body politic
5 Applications to set aside
6 Affidavit in answer, filing
7 Objections to interrogatories by answer
8 Order to answer or answer further
9 Application for discovery of documents
10 Affidavit of discovery
11 Affidavit of documents
12 Production of documents
13 Neglect to make discovery
14 Inspection of documents referred to in pleadings or affidavits
15 Time for inspection when notice given under rule 14; bank and trade books
16 Order for inspection
17 Verified copies
18 Power to order discovery of particular document or class of documents
19 Premature discovery
20 Non-compliance with order for discovery or inspection
21 Service on solicitor of order for discovery
22 Attachment of solicitor
23 Using answer to interrogatories at trial
24 Discovery against Marshal
25 Order to apply to infants
1 Notice of admission of facts
2 Notice to admit documents
3 Notice to admit facts
4 Judgment or order upon admissions of facts
5 Affidavit of signature to admissions
6 Service of notice to produce documents
7 Costs of notice where documents unnecessary
1 Issues may be prepared and settled
2 lnquiries and accounts, when directed
3 Special direction as to mode of taking account
4 Accounts to be verified by affidavit and items numbered
5 Mode of vouching accounts
6 Surcharge
7 lnquiry as to outstanding personal estate
8 Accounts and inquiries to be numbered
9 Just allowances
10 Registrar to report delay
11 Expediting proceedings in case of undue delay
1 Special case by consent
2 Special case by order before trial
3 Special case to be prepared etc
4 Leave to set down where person under disability is a party
5 Form of entry for argument
6 Notice of entry
7 Agreement as to payment of money and costs
8 Special case heard by Full Court in first instance
9 Trial of questions of fact agreed upon
10 Order for payment of sum of money
11 Entry of judgment upon the finding
1 Place of trial or hearing
2 Revoking or varying directions as to trial or hearing
3 Mode of trial
4 Party seeking trial by jury
5 Court may direct trial with jury at any time
6 Questions of fact may be tried differently, one before the other
7 Number of Justices
8 Notice of trial by plaintiff
9 Notice of trial by defendant — motion to dismiss for want of prosecution
10 Form of notice of trial
11 Length of notice
12 Entry of cause for trial
13 Avoidance of notice of trial
14 Notice of trial
15 Countermanding notice
16 Entry for trial by party served with notice
17 Entry by Registrar in list
18 Time for entry before commencement of sittings
19 Setting down of causes on further consideration
20 Withdrawal of trial after entering
21 Order of trial
22 Copies of pleadings etc to be delivered
23 Default of appearance by defendant at trial
24 Default of appearance by plaintiff
25 Default of appearance by both parties
26 Judgment by default may be set aside on terms
27 Adjournment of trial
28 Solicitor through whose default trial is delayed may be ordered to pay costs
29 Evidence in mitigation of damages in action for libel or slander
30 Disallowance of vexatious question in cross-examination
31 Judgment to be entered at or after trial
32 No non-suit
33 Times of commencement and termination of trial
34 Entry of findings of fact on trial
35 Certificate for entry of judgment
36 Application of Rules
37 Writ of trial and inquiry abolished
38 Ascertainment of damages where a matter of calculation
39 Damages in respect of continuing cause of action
1 Obtaining office copies
2 Office copies admissible in evidence
3 Court or Justice may order depositions to be taken
4 Letters of request
5 Examination of witnesses abroad
6 Form of order for examination of witnesses abroad
7 Order for attendance of person to produce
8 Disobedience to order for attendance
9 Expenses of person ordered to attend
10 Examiner to have copy of writ and pleadings
11 Examination, how taken
12 Depositions to be taken down in writing, read over to and signed by witness, or if he refuses, by the examiner
13 Refusal of witness to attend or to be sworn
14 Objection by witness to questions
15 Depositions to be transmitted to Registry
16 Special report by examiner
17 Depositions not to be given in evidence without consent or by leave of Justice
18 Oaths
19 Attendance of witness under subpoena for examination or to produce
20 Evidence taken after trial
21 Practice as to taking evidence at any stage
22 Special directions as to taking evidence
23 Evidence in proceedings subsequent to trial
24 Form of praecipe for a subpoena
25 Form of writ of subpoena
26 Subpoenas in District Registry
27 Subpoena for attendance of witness in Chambers
28 Subpoena for attendance before Registrar
29 Number of persons in a subpoena other than a subpoena duces tecum
30 Number of persons in subpoena duces tecum
31 Correction of errors in subpoena
32 Service of subpoena
33 Affidavit to prove service of subpoena
34 Within what time subpoena can be served
35 Shorthand notes
1 Interpretation
2 Application to appoint independent expert
3 The report of Court expert
4 Cross-examination
5 Nomination and instructions
6 Experiments
7 Further report
8 Remuneration
9 Several issues
10 Costs of proceedings
1 Evidence on motions etc
2 Title of affidavits
3 Contents of affidavit
4 Exhibits
5 Certificate on exhibit
6 Use of figures
7 Before whom affidavits may be sworn
8 Affidavits etc how to be sworn and taken abroad
9 Form of affidavits
10 Description and abode of deponent to be stated
11 Affidavits made by two or more deponents
12 Filing before using
13 Affidavits to be filed in proper Registry
14 Scandalous matter
15 Alterations in affidavits
16 Affidavits by illiterate or blind persons
17 Affirmations
18 Use of defective affidavit
21 Special times for filing affidavits
22 Affidavits in support of ex parte applications
23 Copies of affidavits to be served
24 Alterations in accounts to be initialled
1 List of exhibits
2 Office copy of list of exhibits
1 New trial of cause heard without a jury
2 New trial of cause tried with a jury
3 Service of notice of motion
4 Application of rules relating to appeals
5 Hearing of application
6 Evidence of Judge’s direction
1 Judgment on motion for judgment
2 Setting down motion for judgment where issues have been directed to be tried
3 Where some only of issues directed have been tried, any party may apply to set down action on motion for judgment
4 Motion to be set down within one year
5 Where judgment given etc on motion for judgment
1 Mode of entry
2 Recital regarding service
3 Date of judgment pronounced in Court
4 Date of entry of other judgments
5 Time to be stated for doing any act ordered to be done
6 Judgment on production of affidavit or document
7 Judgment on production of order or certificate
8 Judgment on Registrar’s certificate
9 Judgment by consent when party appears by a solicitor
10 Consent of party in person
11 Entry of satisfaction
1 By whom judgments and orders to be drawn up
2 Documents to be filed before judgment or order signed
3 Documents to be left with Registrar on bespeaking judgment or order
4 Registrar may require party to submit draft
5 Time for bespeaking judgment or order
6 Where judgment or order not bespoken
7 Appointment for settling judgment or order
8 Notice of appointment to be served on opposite party
9 Service of notice of appointment
10 Proof of service
11 Appointment for passing judgment or order
12 Default in attending appointment with documents
13 Adjournment of appointments
14 Settling and passing judgment or order without appointment
15 Party to engross judgment or order
16 Judgments and orders to be filed; duplicates
17 Certificates for special allowance
18 When orders need not be drawn up
19 Date of order
20 Authentication
21 Entry of judgments and orders etc
22 Application to add to or vary
23 Consent orders
Volume 2
