Australian Capital Territory
Court Procedures Rules 2006    
SL2006-29
(in 3 volumes)
Volume 1—ch 1 to ch 2, pt 2.17
Volume 2—ch 2, pt 2.18 to ch 4
Volume 3—ch 5 to 7, schedules, dictionary and endnotes
Each volume has a table of contents for the rules
made under the
Court Procedures Act 2004
Republication No 3
Effective:  12 September 2006 – 31 December 2006
Republication date: 12 September 2006
Last amendment made by SL2006-43
(republication includes editorial amendments under Legislation Act
to update approved form notes)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Court Procedures Rules 2006, made under the Court Procedures Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 September 2006.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2006.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Court Procedures Rules 2006
made under the
Court Procedures Act 2004
    
Outline contents
	Page
Chapter 1	Preliminary	2
Chapter 2	Civil proceedings generally	10
Part 2.1	Introductory provisions—ch 2	10
Part 2.2	Starting civil proceedings	13
Part 2.3	Notice of intention to respond and defence	39
Part 2.4	Parties and proceedings	54
Part 2.5	Third-party and similar proceedings	89
Part 2.6	Pleadings	104
Part 2.7	Amendment	138
Part 2.8	Disclosure	147
Part 2.9	Preservation of rights and property	183
Part 2.10	Payment into court	215
Part 2.11	Resolving proceedings early	228
Part 2.12	Expert evidence	266
Part 2.13	Pre-trial procedures	282
Part 2.14	Court supervision	300
Part 2.15	Trial	308
Part 2.16	Judgments and other orders	321
Part 2.17	Costs	336
Part 2.18	Enforcement	380
Part 2.19	Interpleader proceedings	529
Part 2.20	Trusts, estates, accounts and inquiries	539
Part 2.21	Representation by solicitors	560
Part 2.22	Miscellaneous—ch 2	568
Chapter 3	Particular civil proceedings	573
Part 3.1	Administration and probate	573
Part 3.2	Adoption	624
Part 3.3	Commercial arbitration	639
Part 3.4	Corporations Act and ASIC Act	646
Part 3.5	Cross-vesting	647
Part 3.6	Electoral matters	654
Part 3.7	Foreign and interstate confiscation orders—registration	662
Part 3.8	Foreign judgments—reciprocal enforcement	669
Part 3.9	Habeas corpus	677
Part 3.10	Judicial review	682
Part 3.11	Legal profession	699
Chapter 4	Criminal proceedings	706
Part 4.1	Criminal proceedings—general	706
Part 4.2	Magistrates Court criminal proceedings	717
Part 4.3	Supreme Court criminal proceedings	722
Chapter 5	Appellate proceedings	744
Part 5.1	Appellate proceedings—preliminary	744
Part 5.2	Appeals from master or registrar	746
Part 5.3	Appeals to Supreme Court	751
Part 5.4	Appeals to Court of Appeal	800
Part 5.5	Orders to review Magistrates Court decisions	858
Part 5.6	Reference appeals	864
Part 5.7	Special cases	874
Part 5.8	Written cases	883
Chapter 6	General rules for all proceedings	891
Part 6.1	Introductory provisions—ch 6	891
Part 6.2	Applications in proceedings	892
Part 6.3	Documents	901
Part 6.4	Master	916
Part 6.5	Registrar	919
Part 6.6	Registry	928
Part 6.7	Time	932
Part 6.8	Service	934
Part 6.9	Subpoenas	989
Part 6.10	Evidence	1002
Part 6.11	Miscellaneous—ch 6	1060
Chapter 7	Transitional	1063
Part 7.1	Transitional—Supreme Court	1063
Part 7.2	Transitional—Magistrates Court	1066
Schedule 1	Expert witness code of conduct	1068
Schedule 2	Interest rates	1071
Part 2.1	Interest up to judgment	1071
Part 2.2	Interest after judgment	1074
Schedule 3	Costs amount—debts and liquidated demands	1076
Part 3.1	Claim for debt or liquidated demand	1076
Part 3.2	Default judgment	1077
Schedule 4	Scale of costs	1078
Part 4.1	Scale of costs—general	1078
Part 4.2	Scale of costs—items	1083
Schedule 5	Jurisdiction of registrar	1097
Part 5.1	Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Supreme Court	1097
Part 5.2	Jurisdiction related to Corporations Act exercisable by registrar of Supreme Court	1108
Part 5.3	Jurisdiction related to ASIC Act exercisable by registrar of Supreme Court	1123
Schedule 6	Corporations Rules	1124
Part 6.1	Corporations Rules—preliminary	1124
Part 6.2	Proceedings generally	1129
Part 6.3	Compromises and arrangements in relation to Part 5.1 bodies	1138
Part 6.4	Receivers and other controllers of corporation property (Corporations Act, pt 5.2)	1141
Part 6.5	Winding-up proceedings (including oppression proceedings where winding‑up is sought)	1142
Part 6.6	Provisional liquidators (Corporations Act, pt 5.4B)	1147
Part 6.7	Liquidators	1149
Part 6.8	Special managers (Corporations Act, pt 5.4B)	1157
Part 6.9	Remuneration of office‑holders	1159
Part 6.10	Winding-up generally	1170
Part 6.11	Examinations and orders (Corporations Act, pt 5.9, div 1 and div 2)	1171
Part 6.12	Takeovers, acquisitions of shares and other matters (Corporations Act, chs 6, 6A, 6B, 6C, 6D and 7) and securities (Corporations Act, ch 7)	1177
Part 6.13		1179
Part 6.14	Powers of courts (Corporations Act, pt 9.5)	1180
Part 6.15	Proceedings under ASIC Act	1182
Part 6.16		1183
Schedule 7	Transitional—modification of rules for Magistrates Court	1184
Part 7.1	Modification of Magistrates Court (Civil Jurisdiction) Rules 2004	1184
Dictionary		1185
Endnotes		1209

Contents
	Page
Chapter 1	Preliminary
	1	Name of rules	2
	3	Overview of rules	2
	4	Application of rules	3
	5	References to court, judicial officer etc	4
	6	Dispensing with rules	6
	7	Dictionary	8
	8	Notes	8
Chapter 2	Civil proceedings generally
Part 2.1	Introductory provisions—ch 2
	20	Meaning of plaintiff and defendant	10
	21	Purpose of ch 2 etc	11
	22	Application—ch 2	12
Part 2.2	Starting civil proceedings
Division 2.2.1	How civil proceedings are started
	30	Who may start and carry on a proceeding	13
	31	Kinds of originating processes	15
	32	When civil proceeding starts	15
	33	When originating claim must be used	16
	34	When originating application must be used	16
	35	When originating application may be used	18
	36	When originating application taken to be used	20
	37	When oral originating application may be made in Supreme Court	20
	38	Proceeding incorrectly started by originating claim	21
	39	Proceeding incorrectly started by originating application	22
	40	Setting aside originating process etc	23
Division 2.2.2	Originating claims
	50	Originating claim—content etc	24
	51	Originating claim—additional matters for claims for debt and liquidated demands	26
	52	Originating claim—statement of claim for motor vehicle death and personal injury claims	26
	53	Originating claim—statement of claim for employment death and personal injury claims	27
	54	Originating claim—filing and service	29
Division 2.2.3	Originating applications
	60	Originating application—content etc	29
	61	Originating application—filing and service	31
	62	When originating application must be served	32
	63	What happens if originating application not served in time	33
	64	Originating application—filing and service of supporting affidavits	34
Division 2.2.4	Rules about originating process
	70	Originating process to be sealed	34
	71	Numbering etc of proceedings	34
	72	Originating process—solicitor’s statement about filing	35
	73	Defendant taken to be served by filing notice of intention to respond or defence	35
	74	Originating process—duration and renewal	36
	75	When proceeding struck out	37
	76	Reinstating struck out proceeding	38
Part 2.3	Notice of intention to respond and defence
Division 2.3.1	Notice of intention to respond and defence—general
	100	No step without notice of intention to respond or defence	39
	101	Notice of intention to respond or defence—details to be included	40
	102	Notice of intention to respond or defence—filing and service	41
	103	Notice of intention to respond or defence—late filing or service	43
	104	Ground of defence arising after defence filed etc	43
	105	Defence—reliance on defence not disclosed	44
	106	Defendant may submit to judgment by notice of intention to respond	44
	107	Notice of intention to respond or defence—several defendants with same solicitor	46
	108	Notice of intention to respond or defence—person sued under partnership name	47
	109	Notice of intention to respond or defence—person incorrectly served as partner	48
	110	Notice of intention to respond or defence—person sued under business name	48
	111	Conditional notice of intention to respond	50
Division 2.3.2	Notice of intention to respond and defence—proceedings in Supreme Court for possession of land
	150	Application—div 2.3.2	51
	151	Proceeding for possession of land—leave to file defence etc	51
	152	Proceeding for possession of land—filing defence etc	52
	153	Proceeding for possession of land—service of defence etc	52
Part 2.4	Parties and proceedings
Division 2.4.1	Including causes of action
	200	Including causes of action	54
	201	Joint and separate claims	54
	202	Including causes of action inconveniently etc	55
Division 2.4.2	Including and substituting parties
	210	Necessary parties	56
	211	Including parties—common issues of law or fact	56
	212	Including parties—defendants may be sued jointly, severally, or in alternative	57
	213	Including parties—joint entitlement	57
	214	Including parties—joint or several liability	58
	215	Including parties—plaintiff in doubt about defendant etc	58
	216	Including defendants—identical interest in relief unnecessary	58
	217	Including parties inconveniently etc	59
	218	Including parties—parties incorrectly included or not included	60
	219	Counterclaim or set-off when co-plaintiff wrongly included	60
	220	Court may include party if appropriate or necessary	60
	221	Plaintiffs may be included or substituted	61
	222	Inclusion or substitution as plaintiff requires agreement	62
	223	Including parties—procedure	62
	224	Including parties—inclusion to recover costs	62
Division 2.4.3	Changing parties
	230	Removing parties	63
	231	Party becomes bankrupt, dies or becomes person with mental disability	63
	232	Amending or setting aside order for new party made on death etc of party	65
	233	Failure to proceed after death of party	66
Division 2.4.4	Included or changed parties—future conduct of proceedings
	240	Application—div 2.4.4	67
	241	Included or substituted defendant—filing and service of amended originating process	67
	242	Included or substituted parties—date proceeding taken to start	68
	243	Included or substituted parties—effect of action previously taken in proceeding	68
	244	Included or changed parties—other orders about future conduct of proceeding	69
Division 2.4.5	Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1
	250	One proceeding for benefit of members of deceased person’s family	70
	251	Orders in proceedings for compensation to relatives in death claims	70
Division 2.4.6	Representation—trustees and personal representatives
	255	Application—div 2.4.6	71
	256	Representation—by trustees and personal representatives	72
	257	Representation—trustees and personal representatives must be parties	73
	258	Representation—beneficiaries and claimants	73
	259	Representation—proceeding about administration of deceased person’s estate or trust property	73
	260	Representation—orders bind represented people in estate or trust proceeding	74
	261	Representation—interests of deceased person’s estate	75
Division 2.4.7	Representation—numerous concurrent interests
	265	Application—div 2.4.7	76
	266	Representation—numerous concurrent interests	76
	267	Orders in div 2.4.7 proceeding bind represented people	77
Division 2.4.8	Multiple proceedings
	270	Consolidation etc of proceedings	78
Division 2.4.9	People with a legal disability
	275	Person with legal disability—litigation guardian to start proceeding etc	79
	276	Who may be litigation guardian	80
	277	Litigation guardian—liability for costs	81
	278	Becoming a litigation guardian	82
	279	Person with legal disability—effect of no notice of intention to respond or defence	83
	280	Litigation guardian—appointment and removal by court	83
	281	Litigation guardian—accounts	84
Division 2.4.10	Partnerships
	285	Meaning of partnership proceeding—div 2.4.10	85
	286	Proceeding in partnership name	85
	287	Disclosure of partners’ names	86
Division 2.4.11	Business names
	290	Proceeding in registered business name	86
	291	Proceeding in business name if unregistered etc	86
	292	Business names—amendment about parties	87
Part 2.5	Third-party and similar proceedings
	300	Purpose—pt 2.5	89
	301	When a third-party proceeding starts	89
	302	Third-party proceeding—when available	89
	303	Third-party notice—content etc	90
	304	Third-party notice—additional matters for claims for debt and liquidated demands	92
	305	Third-party notice—statement of claim for certain personal injury claims	92
	306	Third-party notice—filing	93
	307	Third-party notice—sealing	94
	308	Third-party notice—service	94
	309	Third-party notice—effect of service on third party	95
	310	Third-party notice—setting aside	95
	311	Third-party notice—notice of intention to respond and defence	96
	312	Service of pleadings after filing of third-party notice	96
	313	Counterclaim by third party	96
	314	Third-party notice—default by third party	97
	315	Third parties—disclosure	98
	316	Third-party notice—hearing	98
	317	Third party—extent bound by judgment between plaintiff and defendant	99
	318	Third-party notice—judgment between defendant and third party	99
	319	Notice claiming contribution or indemnity against another defendant	100
	320	Notice claiming contribution or indemnity—filing and service etc	101
	321	Contribution under Civil Law (Wrongs) Act, s 21	102
	322	Third-party notice—fourth and subsequent parties	103
Part 2.6	Pleadings
Division 2.6.1	Application—pt 2.6
	400	Application—pt 2.6	104
Division 2.6.2	Rules of pleading
	405	Pleadings—formal requirements	104
	406	Pleadings—statements in	105
	407	Pleadings—matters to be specifically pleaded	106
	408	Pleadings—money claims short form	108
	409	Pleadings—certain facts need not be pleaded	110
	410	Pleadings—technical objections	110
	411	Pleadings—references to spoken words and documents	110
	412	Pleadings—conditions precedent	111
	413	Pleadings—matters arising after start of proceeding	111
	414	Pleadings—inconsistent allegations etc	112
	415	Pleadings—notice pleaded as a fact	112
	416	Pleadings—implied contracts or relations	112
	417	Pleadings—kind of damages etc	113
	418	Pleadings—amount of unliquidated damages	113
	419	Pleadings—other relief	114
Division 2.6.3	Pleadings—general
	425	Pleadings—striking out	114
	426	Pleadings—trial without	115
Division 2.6.4	Particulars
	430	Pleadings—all necessary particulars must be included	116
	431	Pleadings—use of ‘Scott schedule’	116
	432	Pleadings—negligence and breach of statutory duty	117
	433	Pleadings—how particulars must be given	117
	434	Pleadings—application for better particulars	118
	435	Pleadings—failure to comply with better particulars order	118
Division 2.6.5	Answering pleadings
	440	Pleadings—answering	119
	441	Pleadings—denials and non-admissions	119
	442	Pleadings—defence to debt and liquidated demand claims	120
	443	Pleadings—defence to motor vehicle and employment personal injuries claims	120
	444	Pleadings—defence to proceeding on bill of exchange etc	121
	445	Pleadings—denial of representative capacity or partnership constitution	121
	446	Pleadings—denial of contract	121
	447	Pleadings—allegations admitted unless denied etc	122
	448	Pleadings—unreasonable denials and non-admissions	122
	449	Pleadings—confession of defence	123
Division 2.6.6	Special defences
	455	Pleadings—defence of tender	123
	456	Pleadings—defence of set-off	123
Division 2.6.7	Counterclaims
	460	Counterclaim—cause of action arising after start of proceeding	124
	461	Counterclaim—against plaintiff	125
	462	Counterclaim—against additional party	125
	463	Counterclaim—abandonment of excess in Magistrates Court	127
	464	Counterclaim—pleading	128
	465	Counterclaim—plaintiff may rely on previous pleadings	128
	466	Counterclaim—answer to	128
	467	Counterclaim—defence arising after answer	129
	468	Counterclaim—effect of no answer	129
	469	Counterclaim—response to answer	130
	470	Counterclaim—conduct and pleading	130
	471	Counterclaim—order for separate hearing	131
	472	Counterclaim—after judgment etc in original proceeding	132
	473	Counterclaim—judgment for balance	132
	474	Counterclaim—stay of claim	132
Division 2.6.8	Progress of pleading
	480	Pleadings—reply to defence	132
	481	Pleadings—after reply	133
	482	Pleadings—joinder of issue	134
	483	Pleadings—close	134
Division 2.6.9	Admissions
	490	Admissions—voluntary admission	135
	491	Admissions—notice to admit facts or documents	135
	492	Admissions—withdrawal	136
	493	Admissions—orders on	137
Part 2.7	Amendment
	500	Application—pt 2.7	138
	501	Amendment—when must be made	138
	502	Amendment—of documents	138
	503	Amendment—after limitation period	139
	504	Amendment—of originating process	141
	505	Amendment—of pleadings before close of pleadings	141
	506	Amendment—of pleadings disallowed	141
	507	Amendment—of pleadings after close of pleadings	142
	508	Amendment—when leave to amend ceases to have effect	142
	509	Amendment—procedure	142
	510	Amendment—person required to make	144
	511	Amendment—service of amended or revised document etc	144
	512	Amendment—pleading to	145
	513	Amendment—costs	145
	514	Amendment—taking effect	145
Part 2.8	Disclosure
Division 2.8.1	Interpretation—pt 2.8
	600	Definitions—pt 2.8	147
	601	Meaning of privileged from production—pt 2.8	148
Division 2.8.2	Disclosure of documents
	605	Discoverable documents	149
	606	Orders about disclosure	151
	607	Notice to disclose discoverable documents	152
	608	List of discoverable and privileged documents etc	153
	609	Claim for privilege—challenge etc	155
	610	Claim for privilege—waiver	156
	611	Continuing disclosure	156
Division 2.8.3	Production and inspection
	620	Production of documents for inspection	157
	621	Orders about production of documents for inspection	159
	622	Effect of inspection of documents disclosed by another party	160
	623	Production of documents at hearing of proceeding	161
Division 2.8.4	Interrogatories
	630	Service of interrogatories	161
	631	Objections to answer interrogatories	162
	632	Orders about interrogatories	163
	633	Answers to interrogatories	165
	634	Answers to interrogatories—belief	166
	635	Answers to interrogatories to be verified	167
	636	Tendering of answers to interrogatories in evidence	167
Division 2.8.5	Who may verify list of documents or answers to interrogatories? 
	640	Answers by governments, corporations etc	167
	641	Party cannot swear affidavit personally	169
Division 2.8.6	Preliminary discovery
	650	Discovery to identify potential defendant	169
	651	Discovery to identify right to claim relief	172
	652	Order under div 2.8.6—privilege	174
	653	Order under div 2.8.6—costs	174
Division 2.8.7	Non-party production
	660	Notice for non-party production—issue	174
	661	Notice for non-party production—service	175
	662	Notice for non-party production—inspection by other parties	176
	663	Notice for non-party production—application to set aside	176
	664	Notice for non-party production—privilege or objection	176
	665	Notice for non-party production—failure to produce documents	178
	666	Notice for non-party production—copying produced documents	178
	667	Notice for non-party production—costs	179
Division 2.8.8	Discovery—other provisions
	670	Contravention of pt 2.8 order—contempt of court	179
	671	Contravention of pt 2.8 order—other action	180
	672	Solicitor to notify party of certain matters about pt 2.8	180
	673	Improper use of disclosed document	181
	674	Failure to disclose document	182
	675	Discovery by electronic means—practice notes	182
Part 2.9	Preservation of rights and property
Division 2.9.1	Interpretation—pt 2.9
	700	Meaning of usual undertaking as to damages—pt 2.9	183
Division 2.9.2	Interim preservation, distribution and payment
	705	Application—div 2.9.2	183
	706	Urgent orders before start of proceeding	183
	707	Interim distribution	185
	708	Interim income	186
	709	Payment before finding out everyone interested	186
Division 2.9.3	Inspection, detention, custody and preservation of property
	715	Inspection, detention, custody and preservation of property—orders etc	186
	716	Disposal of property other than land	188
	717	Order for inspection, detention, custody or preservation affecting non-party	189
	718	Application for order for inspection, detention, custody or preservation	189
	719	Division 2.9.3—other jurisdiction of court not affected	190
Division 2.9.4	Injunctions and similar orders
Subdivision 2.9.4.1	Injunctions and similar orders—generally
	725	Meaning of division 2.9.4 order	190
	726	Definitions—div 2.9.4	191
	727	Division 2.9.4—other jurisdiction of court not affected	191
	728	Division 2.9.4 order—procedure	191
	729	Division 2.9.4 order without notice etc	192
	730	Division 2.9.4 order without trial	193
	731	Division 2.9.4 order—expedited trial	194
	732	Division 2.9.4 order—damages and undertaking as to damages	194
	733	Division 2.9.4 order—other undertakings and security to perform undertaking	194
Subdivision 2.9.4.2	Freezing orders
	740	Definitions—sdiv 2.9.4.2	195
	741	Freezing orders—general	195
	742	Ancillary orders	197
	743	Freezing orders—order against enforcement debtor or prospective enforcement debtor or third party	198
	744	Freezing orders—service outside Australia of application for freezing order or ancillary order	200
	745	Freezing orders—costs	200
Subdivision 2.9.4.3	Search orders
	750	Definitions—sdiv 2.9.4.3	201
	751	Search orders—general	201
	752	Search orders—requirements for making order	203
	753	Search orders—terms of order	204
	754	Search orders—independent solicitors	205
	755	Search orders—costs	205
Division 2.9.5	Receivers
	765	Application—div 2.9.5	206
	766	Receiver—agreement to act as etc	206
	767	Receiver—application for order appointing etc	206
	768	Receiver—address for service	207
	769	Receiver—security	207
	770	Receiver—remuneration	208
	771	Receiver—accounts	208
	772	Receiver—default	209
	773	Receiver—powers	210
	774	Receiver—duty in relation to property	210
	775	Receiver—liability	210
	776	Receiver—death of	211
Division 2.9.6	Sales of land by court order
	780	Meaning of land—div 2.9.6	211
	781	Application—div 2.9.6	211
	782	Sale of land—order	212
	783	Sale of land—conduct of sale	212
	784	Sale of land—certificate of sale result	213
	785	Mortgage, exchange or partition	214
Part 2.10	Payment into court
	1000	Payment into court—amount	215
	1001	Payment into court—costs	216
	1002	Payment into court—bond	216
	1003	Payment into court—security	218
	1004	Payment into court—interest up to date of payment	218
	1005	Payment into court—defendant who has counterclaimed	218
	1006	Payment into court—acceptance by plaintiff	219
	1007	Payment into court—costs on acceptance by plaintiff	221
	1008	Payment into court—effect on counterclaim of acceptance by plaintiff	222
	1009	Payment into court—payment out of remaining amount	222
	1010	Payment into court—defendant to counterclaim	223
	1011	Payment into court—nondisclosure	223
	1012	Payment into court—in discharge of lien	224
	1013	Payment into court—payment of amount paid into court under order	225
	1014	Payment into court—amount paid into court under order under div 2.11.5	225
	1015	Payment into court—amount recovered by person with legal disability	225
	1016	Person with legal disability—approval of settlement etc	226
	1017	Person with legal disability—orders about recovered amounts etc	226
Part 2.11	Resolving proceedings early
Division 2.11.1	Uncontested debts and liquidated demands
	1100	Meaning of prescribed costs amount—div 2.11.1	228
	1101	Application—div 2.11.1	228
	1102	Stay of debt etc proceeding on payment of amount sought	228
	1103	Assessment of costs for stayed debt etc proceeding	229
	1104	Judgment on acknowledgment of debt or liquidated demand	229
Division 2.11.2	Default by plaintiff
	1110	Default by plaintiff—dismissal of proceeding	231
Division 2.11.3	Default by defendant
	1115	Definitions—div 2.11.3	232
	1116	Application—div 2.11.3	233
	1117	When is a defendant in default—generally	234
	1118	Default judgment—generally	236
	1119	Default judgment—relevant affidavits	237
	1120	Default judgment—debt or liquidated demand	238
	1121	Default judgment for debt or liquidated demand—assessment of costs	240
	1122	Default judgment—unliquidated damages	240
	1123	Default judgment—detention of goods	241
	1124	Default judgment—recovery of possession of land	242
	1125	Default judgment—mixed claims	244
	1126	Default judgment—other claims	245
	1127	Default judgment—costs only	245
	1128	Default judgment—setting aside etc	246
Division 2.11.4	Default by defendant—partial defence
	1135	Definitions—div 2.11.4	246
	1136	Application—div 2.11.4	247
	1137	When is a defendant in default—partial defence	247
	1138	Default judgment—partial defence	249
	1139	Default judgment—application of div 2.11.3	250
Division 2.11.5	Summary judgment
	1145	Application—div 2.11.5	250
	1146	Summary judgment—for plaintiff	251
	1147	Summary judgment—for defendant	252
	1148	Claims not disposed of by summary disposal	253
	1149	Evidence in summary judgment proceedings	253
	1150	Summary judgment applications—filing and service	254
	1151	Summary judgment applications—directions etc	255
	1152	Summary judgment applications—costs	255
	1153	Summary judgment—stay of enforcement	256
	1154	Summary judgment—relief from forfeiture	256
	1155	Summary judgment—setting aside	256
Division 2.11.6	Discontinuance and withdrawal
	1160	Discontinuance or withdrawal by plaintiff	256
	1161	Discontinuance or withdrawal of counterclaim by defendant	257
	1162	Withdrawal of notice of intention to respond	258
	1163	Costs of discontinuance or withdrawal	258
	1164	Withdrawal of defence or further pleading	258
	1165	Notice of discontinuance or withdrawal	259
	1166	Discontinuance or withdrawal by party representing someone else etc	259
	1167	Discontinuance or withdrawal—subsequent proceeding	260
	1168	Consolidated proceedings and counterclaims	260
	1169	Stay pending payment of costs	260
Division 2.11.7	Mediation and neutral evaluation
	1175	Purpose—div 2.11.7	261
	1176	Definitions—div 2.11.7	261
	1177	Mediation—appointment of mediator	261
	1178	Neutral evaluation—appointment of evaluator	262
	1179	Mediation or neutral evaluation—referral by court	262
	1180	Mediation or neutral evaluation—duty of parties to take part	263
	1181	Mediation or neutral evaluation—costs	263
	1182	Mediation or neutral evaluation—agreements and arrangements arising from sessions	263
	1183	Neutral evaluation—privilege	264
	1184	Evaluators—secrecy	264
	1185	Evaluators—protection from liability	265
Part 2.12	Expert evidence
Division 2.12.1	Expert evidence generally
	1200	Meaning of code of conduct—pt 2.12	266
	1201	Meaning of expert, expert witness and expert report	266
	1202	Expert witnesses to agree to be bound by code of conduct	267
	1203	Expert witness—immunity	268
Division 2.12.2	Multiple expert witnesses for same issue
	1210	Application—div 2.12.2	268
	1211	Court may direct experts to meet etc	268
Division 2.12.3	Appointment of medical expert for Civil Law (Wrongs) Act
	1220	Definitions—div 2.12.3	271
	1221	Application for appointment of expert—Wrongs Act, s 86	272
	1222	Accompanying affidavit for appointment of expert—Wrongs Act, s 86 application	272
	1223	Response by other parties—Wrongs Act, s 86 application	273
	1224	Selection of expert etc by court—Wrongs Act, s 86 application	274
	1225	Appointed experts to be briefed etc	275
	1226	Request by appointed expert for directions	276
	1227	Appointed expert to report	277
	1228	Expert report to be admitted in evidence	277
	1229	Attendance of appointed expert	277
Division 2.12.4	Expert reports
	1240	Application—div 2.12.4	278
	1241	Service of expert reports	278
	1242	Supplementary expert reports	279
	1243	Expert evidence to be covered by expert report	280
	1244	Expert reports admissible as evidence of opinion etc	280
	1245	Requiring attendance of expert for cross-examination etc	280
	1246	Tender of expert report	281
Part 2.13	Pre-trial procedures
	1300	Definitions—pt 2.13	282
	1301	Application—pt 2.13	282
	1302	Pre-trial procedures—classification of proceeding	282
	1303	Directions hearing—category C proceedings	283
	1304	Statement of particulars before trial—personal injury claims	285
	1305	Statement of particulars before trial—compensation to relatives in death claims	288
	1306	Certificate of readiness for trial—generally	290
	1307	Certificate of readiness for trial—default judgment	291
	1308	Directions hearing—category A, category B and category D proceedings	292
	1309	Listing hearing	294
	1310	Special fixture	296
	1311	Expedited trial	297
	1312	Court book	297
	1313	Directions hearings and listing hearings—costs	299
Part 2.14	Court supervision
Division 2.14.1	Directions
	1400	Directions—application	300
	1401	Directions generally	300
	1402	Proceeding already being managed by court	303
	1403	Decision in proceeding	304
	1404	Failure to comply with direction etc	304
Division 2.14.2	Failure to comply with rules or order
	1450	Effect of failure to comply with rules	305
	1451	Application because of failure to comply with rules	306
	1452	Failure to comply with order to take step	306
Part 2.15	Trial
Division 2.15.1	Interpretation—pt 2.15
	1500	Meaning of question—pt 2.15	308
Division 2.15.2	Proceedings at trial
	1505	Trial—defendant or plaintiff not appearing	308
	1506	Trial—adjournment etc	309
	1507	Trial—third-party proceeding	309
	1508	Order of evidence and addresses	309
	1509	View by court	311
	1510	Associate etc to record hearing times	311
	1511	Associate to enter findings etc	311
Division 2.15.3	Separate decisions on questions
	1520	Application—div 2.15.3	312
	1521	Separate decisions on questions—order	312
	1522	Separate decisions on questions—directions	313
	1523	Separate decisions on questions—decision	313
Division 2.15.4	Assessors and court-appointed referees
	1530	Assessors	314
	1531	Referee—referral of question etc	314
	1532	Referee—appointment	315
	1533	Referee—amendment of order referring question etc	315
	1534	Referee—conduct under reference	316
	1535	Referee—submission of question to court	316
	1536	Referee—report	317
	1537	Referee—proceeding on report	318
	1538	Assessor and referee—remuneration	318
Division 2.15.5	Assessment of damages
	1545	Application—div 2.15.5	319
	1546	Assessment of damages	319
	1547	Assessment of damages—use of affidavit evidence	319
	1548	Partial judgment for damages to be assessed	320
	1549	Damages to time of assessment	320
Part 2.16	Judgments and other orders
	1600	Orders—required by nature of case	321
	1601	Judgment book	321
	1602	Judgments—several claims	322
	1603	Orders—set off between enforceable money orders	322
	1604	Judgments—detention of goods	323
	1605	Orders—making and effect	324
	1606	Orders—filing	324
	1607	Orders—certified duplicate	326
	1608	Orders—reasons	326
	1609	Orders—reservation of decision	327
	1610	Orders—time for compliance	327
	1611	Orders—by consent	328
	1612	Orders—by consent in proceeding	329
	1613	Orders—setting aside etc	329
	1614	Order dismissing proceeding—effect	330
	1615	Orders—joint liability	331
	1616	Interest up to judgment	332
	1617	Interest after judgment	334
	1618	Judgment for interest only	335
Part 2.17	Costs
Division 2.17.1	Costs generally
	1700	Definitions—pt 2.17	336
	1701	Costs—general provisions	337
	1702	Costs—agreement about costs	337
	1703	Costs—order against non-party	338
	1704	Costs—failure to comply with subpoena etc	339
	1705	Costs—for issue or part of proceeding	340
	1706	Costs—if unnecessary to continue proceeding	340
	1707	Costs—proceeding removed to another court	341
	1708	Costs—in account	341
Division 2.17.2	Entitlement to costs
	1720	Costs—entitlement to recover	342
	1721	Costs—general rule	342
	1722	Costs—solicitors’ costs generally	343
	1723	Costs—relevant amount for Magistrates Court proceedings	344
	1724	Solicitors’ costs—separate judgments against defendants in Magistrates Court	346
	1725	Solicitors’ costs and determined fees—Supreme Court judgment within Magistrates Court jurisdiction	346
	1726	Costs—amendment of documents	348
	1727	Costs—party not interested in application	348
	1728	Costs—for application reserved	349
	1729	Costs—extending or shortening time	349
	1730	Costs—inquiry to find person entitled to property	349
	1731	Costs—assessment of receiver’s costs	350
	1732	Costs—trustee	350
	1733	Costs—solicitor appointed litigation guardian	350
	1734	Costs—assessment costs	351
	1735	Costs—counsel’s advice and settling documents	351
	1736	Costs—evidence	351
	1737	Costs—solicitor advocate	352
	1738	Costs—retainer for counsel	352
	1739	Costs—counsel’s fees for applications	352
Division 2.17.3	Costs of party in proceeding
	1750	Application—div 2.17.3	353
	1751	Costs—assessed on party and party basis	353
	1752	Costs—assessed on solicitor and client etc basis	353
	1753	Costs—legal practitioner’s delay etc	355
	1754	Costs—disallowance of costs for vexatious document etc	356
Division 2.17.4	Costs—registrar’s powers and discretion
	1760	Costs—registrar’s general powers	357
	1761	Costs—registrar’s discretion in assessing	358
Division 2.17.5	Procedure for assessing costs
	1800	Costs—when bill of costs to be filed etc	359
	1801	Costs—if costs out of fund bill to be sent to clients	360
	1802	Costs—content of bill of costs	360
	1803	Costs—failure to file and serve bill of costs	361
	1804	Costs—payment of disbursements	362
	1805	Costs—professional charges and disbursements	362
	1806	Costs—amendment and withdrawal of bill of costs	363
	1807	Costs—notice of objection to bill of costs	363
	1808	Costs—assessment must be limited	364
	1809	Costs—default assessment if no objection to bill of costs	364
	1810	Costs—setting aside default assessment	365
	1811	Costs—offer to settle	366
	1812	Costs—acceptance of offer to settle	367
	1813	Costs—rejection of offer to settle	367
Division 2.17.6	Procedure on costs assessment
	1830	Costs—attendance of parties at assessment	368
	1831	Costs—notice of adjournment of assessment	369
	1832	Costs—delay before registrar etc	369
	1833	Costs—set off of costs	369
	1834	Costs—bill of costs reduced by 15% or more	370
	1835	Costs—registrar’s certificate of assessment	370
	1836	Costs—interim certificates of assessment	371
Division 2.17.7	Reconsideration and review of costs assessment
	1850	Application—div 2.17.7	371
	1851	Costs—application for reconsideration	372
	1852	Costs—procedure for reconsideration	372
	1853	Costs—reply to objection on reconsideration	373
	1854	Costs—reconsideration of registrar’s assessment	373
	1855	Costs—review by court	374
Division 2.17.8	Security for costs
	1900	Security for costs—application and order	375
	1901	Security for costs—when court may make order	375
	1902	Security for costs—discretionary factors	376
	1903	Security for costs—way security given	377
	1904	Security for costs—effect of order	378
	1905	Security for costs—setting aside or amending order	378
	1906	Security for costs—finalising security	379
Division 2.17.9	Miscellaneous—pt 2.17
	1920	Liquidator, guardian or manager—accounts	379
Part 2.18	Enforcement
Division 2.18.1	Enforcement—general
	2000	Definitions—pt 2.18	380
	2001	Enforcement orders generally	385
	2002	Enforcement—enforcement application is application in original proceeding	386
	2003	Enforcement—by or against non-party	387
	2004	Enforcement—amount recoverable	387
	2005	Enforcement—separate enforcement for costs	387
	2006	Enforcement—order in partnership name	388
	2007	Enforcement—against property of partnership	389
	2008	Enforcement—against property of business	389
	2009	Enforcement—enforcement of Supreme Court order in Magistrates Court	389
	2010	Enforcement—enforcement of Magistrates Court order in Supreme Court	390
	2011	Enforcement—demand for compliance unnecessary	391
	2012	Enforcement—when leave required	392
	2013	Enforcement—stay	394
	2014	Enforcement—conditional orders	395
	2015	Enforcement—service of order and related information	395
Division 2.18.2	Enforcement orders—general
	2050	Enforcement orders—content and issue	396
	2051	Enforcement orders—application to set aside	398
	2052	Enforcement orders—duration and renewal of certain enforcement orders given to enforcement officers	399
	2053	Enforcement orders—return by enforcement officer	401
	2054	Enforcement orders—priority	401
	2055	Enforcement orders—payment under order	402
	2056	Enforcement orders—orders about enforcement	402
	2057	Enforcement orders—consecutive and concurrent orders	403
	2058	Enforcement orders—deceased enforcement debtor	403
Division 2.18.3	Enforcement of money orders—enforcement hearings
	2100	Enforcement hearing—application by enforcement creditor	404
	2101	Enforcement hearing—otherwise than on enforcement creditor’s application	406
	2102	Enforcement hearing—limit on number of applications	406
	2103	Enforcement hearing—order for hearing etc	407
	2104	Enforcement hearing—who may be directed to attend by enforcement hearing subpoena	408
	2105	Enforcement hearing—service of enforcement hearing subpoena	409
	2106	Enforcement hearing—statement of enforcement debtor’s financial position	409
	2107	Enforcement hearing—subpoena to other person	410
	2108	Enforcement hearing—meeting of parties	411
	2109	Enforcement hearing—examination	412
	2110	Enforcement hearing—enforcement hearing warrant issue	414
	2111	Enforcement hearing—enforcement hearing warrant contents etc	415
	2112	Enforcement hearing—orders	416
Division 2.18.4	Enforcement of money orders—instalment orders
	2150	Instalment order—making	418
	2151	Instalment order—application by enforcement debtor	419
	2152	Instalment order—when application by enforcement debtor requires leave	420
	2153	Instalment order—application by enforcement creditor	421
	2154	Instalment order—relevant considerations	423
	2155	Instalment order—stay of enforcement	424
	2156	Instalment order—content and issue	424
	2157	Instalment order—instalment order agreement	425
	2158	Instalment order—service	426
	2159	Instalment order—no other enforcement while in force	426
	2160	Instalment order—amending, suspending or setting aside	427
	2161	Instalment order—ceasing to have effect other than for nonpayment	428
	2162	Instalment order—ceasing to have effect for nonpayment	429
	2163	Instalment order—record of payments	430
Division 2.18.5	Enforcement of money orders—seizure and sale orders
	2200	Seizure and sale order—making	431
	2201	Seizure and sale order—application	431
	2202	Seizure and sale order—additional exempt property	433
	2203	Seizure and sale order—entry, search and seizure powers if no consent	433
	2204	Seizure and sale order—assistance to enforcement debtor	435
	2205	Seizure and sale order—notice of order	436
	2206	Seizure and sale order—notice of property seized	437
	2207	Seizure and sale order—removal etc of seized property	438
	2208	Seizure and sale order—application for instalment order stays sale of seized property	439
	2209	Seizure and sale order—property seized not abandoned	440
	2210	Seizure and sale order—seizure of real property	440
	2211	Seizure and sale order—enforcement debtor not to deal with real property	440
	2212	Seizure and sale order—order of seizing and selling property	441
	2213	Seizure and sale order—payment before sale	442
	2214	Seizure and sale order—suspension etc of enforcement	442
	2215	Seizure and sale order—agreements to withdraw and re‑enter	442
	2216	Seizure and sale order—nature of sale	443
	2217	Seizure and sale order—setting reasonable amount	446
	2218	Seizure and sale order—additional provisions relating to land	447
	2219	Seizure and sale order—power of entry for auction of land	448
	2220	Seizure and sale order—sale at best price obtainable	449
	2221	Seizure and sale order—advertisement of sale	449
	2222	Seizure and sale order—postponement of sale	451
	2223	Seizure and sale order—amounts received	451
	2224	Seizure and sale order—terms about payment	452
	2225	Seizure and sale order—securities held by enforcement officer	453
	2226	Seizure and sale order—personal property subject to conditional bill of sale	453
	2227	Seizure and sale order—effect of sale of property	454
	2228	Seizure and sale order—effect of ending of order on completion of sale etc	454
	2229	Seizure and sale order—appropriation of payments towards order debt	455
	2230	Seizure and sale order—documents giving effect to sale	455
	2231	Seizure and sale order—payment to enforcement debtor	456
	2232	Seizure and sale order—purchase by enforcement officer or auctioneer prohibited	457
	2233	Seizure and sale order—account etc	457
	2234	Seizure and sale order—report by enforcement officer	458
	2235	Seizure and sale order—order for disposal and return of property to enforcement debtor	459
Division 2.18.6	Enforcement of money orders—debt redirection orders generally
	2300	Application—div 2.18.6	460
	2301	Debt redirection order—making	460
	2302	Debt redirection order—application	461
	2303	Debt redirection order—relevant considerations	462
	2304	Debt redirection order—joint funds	463
	2305	Debt redirection order—partnership debts	464
	2306	Debt redirection order—account with financial institution	464
	2307	Debt redirection order—claim by someone else	465
	2308	Debt redirection order—when debt redirected	466
	2309	Debt redirection order—notice by third person to enforcement creditor	466
	2310	Debt redirection order—payments by third person	467
	2311	Debt redirection order—third person disputes liability	467
	2312	Debt redirection order—discharge of third person	468
	2313	Debt redirection order—payment to enforcement debtor despite redirection	468
	2314	Debt redirection order—amending, suspending or setting aside	469
	2315	Debt redirection order—procedure if order not complied with	471
Division 2.18.7	Enforcement of money orders—regular redirections from financial institutions
	2330	Application—div 2.18.7	472
	2331	Regular redirection order—application of div 2.18.6	472
	2332	Regular redirection order—making	473
	2333	Regular redirection order—content	473
	2334	Regular redirection order—service and coming into force	474
	2335	Regular redirection order—financial institution to make payments etc	474
	2336	Regular redirection order—enforcement debtor not to defeat order	475
	2337	Regular redirection order—no other enforcement while in force	476
	2338	Regular redirection order—ceasing to have effect	476
	2339	Regular redirection order—return of excess	477
	2340	Regular redirection order—record of payments	477
Division 2.18.8	Enforcement of money orders—earnings redirection orders
	2350	Earnings redirection order—making	478
	2351	Earnings redirection order—application	479
	2352	Earnings redirection order—relevant considerations	480
	2353	Earnings redirection order—limit	481
	2354	Earnings redirection order—information about enforcement debtor’s earnings	481
	2355	Earnings redirection order—content	482
	2356	Earnings redirection order—service and coming into force	482
	2357	Earnings redirection order—person served not employer	483
	2358	Earnings redirection order—employer to make payments etc	484
	2359	Earnings redirection order—no other enforcement while in force	485
	2360	Earnings redirection order—amending, suspending or setting aside	485
	2361	Earnings redirection order—ceasing to have effect	487
	2362	Earnings redirection order—return of excess	488
	2363	Earnings redirection order—record of payments	488
	2364	Earnings redirection order—2 or more orders in force	489
	2365	Earnings redirection order—person served ceasing to be employer	490
	2366	Earnings redirection order—enforcement debtor changes or ceases employment	490
	2367	Earnings redirection order—directions	491
	2368	Earnings redirection order—employment protection	492
	2369	Earnings redirection order—procedure if order not complied with	492
Division 2.18.9	Enforcement of money orders—charging orders
	2400	Application—div 2.18.9	493
	2401	Charging order—making	493
	2402	Charging order—application	494
	2403	Charging order—effect	496
	2404	Charging order—enforcement debtor dealing with charged property	496
	2405	Charging order—issuer etc dealing with charged property	497
	2406	Charging order—application to enforce charge	498
	2407	Charging order—procedure against partnership property for partner’s separate order debt	498
Division 2.18.10	Enforcement of money orders—amounts in court and stop orders
	2420	Enforcement orders—amounts in court	499
	2421	Enforcement orders—stop orders	500
Division 2.18.11	Enforcement of money orders—receivers
	2430	Application—div 2.18.11	500
	2431	Receiver—appointment	501
	2432	Receiver—application for appointment	501
	2433	Receiver—relevant considerations for appointment	502
	2434	Receiver—powers	502
	2435	Receiver—general provisions apply	503
Division 2.18.12	Enforcement of non-money orders—general
	2440	Enforcement—orders for possession of land	503
	2441	Enforcement—orders for return of goods etc	504
	2442	Enforcement—orders to do or not do an act	505
	2443	Enforcement—undertakings	506
	2444	Enforcement—failure of individual to comply with subpoena etc	507
	2445	Enforcement—failure of corporation to comply with subpoena etc	509
	2446	Enforcement by contempt or seizing and detaining property—preconditions	510
Division 2.18.13	Enforcement of non-money orders—orders for delivery of possession of land
	2450	Application—div 2.18.13	511
	2451	Order for delivery of possession of land—making	511
	2452	Orders for delivery of possession of land—preconditions	512
Division 2.18.14	Enforcement of non-money orders—orders for seizure and delivery of goods
	2460	Order for seizure and delivery of goods—making	513
Division 2.18.15	Enforcement of non-money orders—orders for seizure and detention of property
	2470	Order for seizure and detention of property—making	515
	2471	Order for seizure and detention of property—preconditions	515
	2472	Order for seizure and detention of property—against officer of corporation	515
	2473	Order for seizure and detention of property—return of seized property	516
Division 2.18.16	Enforcement—contempt
	2500	Contempt—application of div 2.18.16	516
	2501	Contempt—applications generally	516
	2502	Contempt—application by registrar	517
	2503	Contempt—arrest warrant if respondent likely to abscond etc	517
	2504	Contempt in face or hearing of court—alternative procedure	518
	2505	Contempt—arrest warrant	519
	2506	Contempt—punishment	519
	2507	Contempt—costs	520
Division 2.18.17	Enforcement—arrest warrants for absconding defendants
	2550	Application—div 2.18.17	520
	2551	Meaning of plaintiff and defendant—div 2.18.17	520
	2552	Arrest warrant for defendant—application	521
	2553	Arrest warrant for defendant—issue	521
	2554	Arrest warrant for defendant—enforcement	522
	2555	Arrest warrant for defendant—costs of enforcement	522
	2556	Arrest warrant for defendant—service of warrant and claim	523
	2557	Arrest warrant for defendant—record of enforcement	523
	2558	Arrest warrant for defendant—procedure after arrest	524
	2559	Arrest warrant for defendant—release of defendant	524
	2560	Arrest warrant for defendant—court powers	525
	2561	Arrest warrant for defendant—failure to comply with conditions	526
	2562	Arrest warrant for defendant—review	527
	2563	Arrest warrant for defendant—restriction on further applications	528
	2564	Arrest warrant for defendant—costs	528
Part 2.19	Interpleader proceedings
Division 2.19.1	Stakeholder’s interpleader
	2600	Interpleader—application by stakeholder	529
Division 2.19.2	Enforcement officer’s interpleader
	2605	Interpleader—notice of claim to enforcement officer	530
	2606	Interpleader—failure to give notice of claim	531
	2607	Interpleader—notice to enforcement creditor	532
	2608	Interpleader—admission of claim	532
	2609	Interpleader—enforcement officer’s interpleader application	533
	2610	Interpleader—enforcement debtor’s rights not affected	534
Division 2.19.3	Interpleader orders
	2620	Interpleader—orders	534
	2621	Interpleader—summary disposal of proceeding	535
	2622	Interpleader—adverse claims	536
	2623	Interpleader—default by claimant	536
	2624	Interpleader—neutrality of applicant	537
	2625	Interpleader order—2 or more proceedings	537
	2626	Interpleader—trial	538
	2627	Interpleader—disposal of amounts in court	538
Part 2.20	Trusts, estates, accounts and inquiries
Division 2.20.1	Trusts and estates generally
	2700	Trusts and estates—decision without order for administration	539
	2701	Trusts and estates—application not to affect powers	539
	2702	Trusts and estates—conduct of sale	540
Division 2.20.2	Taking of accounts
	2720	Meaning of accounting party—div 2.20.2	540
	2721	Account—order for account	541
	2722	Account—orders	541
	2723	Accounts—service of order etc	542
	2724	Accounts—form and verification	543
	2725	Accounts—filing and service	544
	2726	Accounts—challenging account	544
	2727	Accounts—witness	544
	2728	Accounts—allowances	544
	2729	Accounts—delay	545
	2730	Accounts—powers exercisable on taking account	545
	2731	Accounts—class interests	545
	2732	Accounts—reference to judicial officer	546
	2733	Accounts—certificate about taking of account	547
	2734	Accounts—further consideration	548
Division 2.20.3	Making of inquiries
	2740	Inquiries—procedure for inquiries	548
	2741	Inquiries—orders	548
Division 2.20.4	Executors, administrators and trustees—accounts and commission
	2745	Definitions—div 2.20.4	549
	2746	Estate and trust accounts—order requiring examination and passing of accounts	549
	2747	Estate and trust accounts—compliance with order for examination and passing of accounts	550
	2748	Estate and trust accounts—application for commission	551
	2749	Estate and trust accounts—notice of filing of accounts etc	551
	2750	Estate and trust accounts—appearance of beneficiary at examination	553
	2751	Estate and trust accounts—examination	554
	2752	Estate and trust accounts—conduct of examination	554
	2753	Estate and trust accounts—application for passing accounts etc	556
	2754	Estate and trust accounts—passing of accounts etc	556
	2755	Estate and trust accounts—amended or further accounts	557
	2756	Estate and trust accounts—renewal of objection in subsequent proceeding	557
	2757	Estate and trust accounts—evidence in subsequent proceeding	558
	2758	Estate and trust accounts—general practice to apply	558
	2759	Estate and trust accounts—combined executors’ and trustees’ account	558
	2760	Trustees—allowance of commission in proceeding	559
Part 2.21	Representation by solicitors
	2800	Power to act by solicitor	560
	2801	Appointment of solicitor	560
	2802	Change between acting personally and acting by solicitor	560
	2803	Change of solicitor	561
	2804	Removal of solicitor by court	562
	2805	Solicitor removed from roll etc	563
	2806	Application for leave to withdraw as solicitor	563
	2807	Leave to withdraw as solicitor	564
	2808	Effect of removal of, or leave to withdraw as, solicitor	565
	2809	Withdrawal of solicitor’s agent	566
	2810	Solicitor not to act for adverse parties	567
Part 2.22	Miscellaneous—ch 2
	2900	Declaratory order	568
	2901	Copies of documents from registrar	568
	2902	Searches of registers etc	569
	2903	Inspection of registry files	569
Chapter 3	Particular civil proceedings
Part 3.1	Administration and probate
Division 3.1.1	Administration and probate—general
	3000	Definitions—pt 3.1	573
	3001	Terms used in Administration and Probate Act	573
	3002	Application—pt 3.1	574
Division 3.1.2	Application for grant of representation
	3005	Grant of representation—application	574
	3006	Grant of representation—notice of intention to apply to be published in newspaper etc	576
	3007	Grant of administration—notice of intention to apply to be served on non-applicant domestic partner or next of kin	577
	3008	Grant of administration—notice of intention of creditor to apply to be served on domestic partner and next of kin	578
	3009	Grant of representation—when notice of intention to apply to be served on public trustee	579
	3010	Grant of representation—supporting affidavit for application	580
	3011	Grant of representation—affidavit of search	585
	3012	Grant of representation—proof of identity and death	585
	3013	Grant of representation—further evidence, documents and notices	586
	3014	Grant of representation—no grant to executor etc who has renounced	586
	3015	Grant of representation—when hearing not required	586
Division 3.1.3	Application for reseal of foreign grant
	3020	Reseal of foreign grant—application	587
	3021	Reseal of foreign grant—notice of intention to apply to be published in newspaper etc	588
	3022	Reseal of foreign grant—supporting affidavit for application	589
	3023	Reseal of foreign grant—affidavit of search	590
	3024	Reseal of foreign grant—when hearing required	591
Division 3.1.4	Validity and form of wills
	3030	Grant of representation—evidence of proper attestation of will	591
	3031	Grant of representation—will by blind or illiterate person	592
	3032	Grant of representation—alterations in will	593
	3033	Grant of representation—documents mentioned in or attached to will	594
	3034	Grant of representation—evidence of proper execution of will etc	594
	3035	Grant of representation—will inoperative or partly inoperative	595
Division 3.1.5	Administration bonds
	3045	Administration bond—requirement for bond	596
	3046	Administration bond—dispensing with bond	597
	3047	Administration bond—affidavit of justification	598
	3048	Administration bond—exempt surety	599
	3049	Administration bond—addition or reduction after required but before given	599
	3050	Administration bond—addition or reduction after given	600
	3051	Administration bond—proceeding on bond	601
	3052	Administration bond—application by surety	601
	3053	Administration bond—reseal of foreign grant	601
Division 3.1.6	Administration by public trustee
	3055	Administration by public trustee—application	602
	3056	Administration by public trustee—renunciation of probate by executors	602
	3057	Administration by public trustee—renunciation of letters of administration by entitled people	603
	3058	Administration by public trustee—service of documents on public trustee	603
Division 3.1.7	Caveats
	3065	Definitions—div 3.1.7	604
	3066	Caveat—filing	604
	3067	Caveat—service	606
	3068	Caveat—period of operation	606
	3069	Caveat—setting aside	606
	3070	Caveat—withdrawal if no pending proceeding for grant of representation etc	608
	3071	Caveat—leave to withdraw	608
	3072	Caveat—effect if filed on day of grant	609
Division 3.1.8	Revocation of grant
	3080	Revocation of grant—urgent order before start of proceeding	609
	3081	Revocation of grant—application	610
	3082	Revocation of grant—orders	610
	3083	Revocation of grant—return of original grant	611
Division 3.1.9	Other probate proceedings
	3090	Definitions—div 3.1.9	611
	3091	Application—div 3.1.9	612
	3092	Division 3.1.9 proceeding—starting	613
	3093	Division 3.1.9 proceeding—application for revocation	613
	3094	Division 3.1.9 proceeding—affidavits	614
	3095	Division 3.1.9 proceeding—affidavits of scripts	614
	3096	Division 3.1.9 proceeding—directions for notice to people with beneficial interests	615
	3097	Division 3.1.9 proceeding—notice of intention to intervene	616
	3098	Division 3.1.9 proceeding—filing of grant of representation	616
Division 3.1.10	Administration and probate—other provisions
	3110	Administration and probate—registrar may make inquiries	617
	3111	Administration and probate—subpoenas	617
	3112	Administration and probate—evidence about domicile	618
	3113	Administration and probate—proof in solemn form	618
	3114	Failure of executor to prove will—Administration and Probate Act, s 25	619
	3115	Failure by executor, administrator or trustee to comply with beneficiary’s request etc	620
	3116	Grant of administration—grant to child	621
	3117	Order about administration of real estate—Administration and Probate Act, s 51	622
	3118	Assessment of costs—Administration and Probate Act, s 71	622
	3119	Administration and probate book	622
	3120	Proved wills to be kept by court	623
Part 3.2	Adoption
Division 3.2.1	Adoption—general
	3150	Definitions—pt 3.2	624
	3151	Terms used in Adoption Act	625
	3152	Application—pt 3.2	625
Division 3.2.2	Adoption orders
	3155	References to applicants—div 3.2.2	625
	3156	Adoption order—application	626
	3157	Adoption order—supporting affidavit for application	626
	3158	Adoption order—documents accompanying application	628
	3159	Adoption order—service of application on chief executive	630
	3160	Adoption order—notice of intention to oppose	630
Division 3.2.3	Orders for dispensing with consent to adoption
	3170	Dispensing order—application	631
	3171	Dispensing order—service of application	632
	3172	Dispensing order—notice of intention to oppose	632
Division 3.2.4	Amendment of adoption order
	3180	Amendment order—application	633
	3181	Amendment order—service of application	633
	3182	Amendment order—notice of intention to oppose	634
Division 3.2.5	Discharge of interim orders and adoption orders
	3190	Discharging order—application	634
	3191	Discharging order—service of application	635
	3192	Discharging order—notice of intention to oppose	635
Division 3.2.6	Access to identifying information
	3200	Order for access to identifying information—application	635
	3201	Order for access to identifying information—service of application	636
	3202	Order for access to identifying information—notice of intention to oppose	636
Division 3.2.7	Adoption proceedings—general procedures
	3210	Adoption proceedings—service of applications	637
	3211	Adoption proceedings—service of documents containing identifying information	637
Part 3.3	Commercial arbitration
	3250	Meaning of Commercial Arbitration Act—pt 3.3	639
	3251	Terms used in Commercial Arbitration Act	639
	3252	Commercial arbitration—application	640
	3253	Commercial arbitration—leave to appeal under Commercial Arbitration Act, s 38 (4) (b)	640
	3254	Commercial arbitration—appeal under Commercial Arbitration Act, 
s 38	641
	3255	Commercial arbitration—application under Commercial Arbitration Act, s 39	641
	3256	Commercial arbitration—application for order under Commercial Arbitration Act, s 42 (1) or s 43	642
	3257	Commercial arbitration—payment into court	642
	3258	Commercial arbitration—examination of witnesses	643
	3259	Commercial arbitration—decision to refuse application for order in application in proceeding	644
	3260	Commercial arbitration—application for leave to enforce award	644
	3261	Commercial arbitration—evidence of award for purposes of enforcement	644
	3262	Commercial arbitration—endorsement and service of order for enforcement	645
Part 3.4	Corporations Act and ASIC Act
	3270	Rules for proceedings under Corporations Act or ASIC Act	646
Part 3.5	Cross-vesting
	3300	Definitions—pt 3.5	647
	3301	Terms used in Cross-vesting Act	647
	3302	Application—pt 3.5	648
	3303	Cross-vesting—application for transfer or removal of proceedings	648
	3304	Cross-vesting—application by Attorney-General	648
	3305	Cross-vesting—removal of proceedings	649
	3306	Cross-vesting—relying on jurisdiction under cross-vesting laws	649
	3307	Cross-vesting—service	650
	3308	Cross-vesting—directions	651
	3309	Cross-vesting—procedure following transfer of proceeding from court	652
	3310	Cross-vesting—procedure following transfer of proceeding to court	652
	3311	Cross-vesting—application of another jurisdiction’s written law	653
	3312	Cross-vesting—application of another jurisdiction’s rules of evidence and procedure	653
Part 3.6	Electoral matters
Division 3.6.1	Electoral matters—general
	3350	Definitions—pt 3.6	654
	3351	Terms used in Electoral Act	654
	3352	Application—pt 3.6	655
	3353	Election application etc originating application	655
Division 3.6.2	Disputed elections
	3355	Disputed election—deposit as security for costs	656
	3356	Disputed election—public notice of election application	656
	3357	Disputed election—parties to proceeding	656
	3358	Disputed election—public notice of intention to make application for leave to withdraw	657
	3359	Disputed election—particulars of contested ballot papers	657
	3360	Disputed election—countercharges	658
	3361	Disputed election—time of trial etc	659
	3362	Disputed election—substitution of plaintiff	659
	3363	Disputed election—withdrawal of defendant	660
	3364	Disputed election—substitution of defendant	660
Division 3.6.3	Questions referred by Legislative Assembly
	3400	Question referred—parties to proceeding	660
Division 3.6.4	Electoral matters—general procedure
	3405	Electoral matters—better particulars	661
Part 3.7	Foreign and interstate confiscation orders—registration
Division 3.7.1	Foreign confiscation orders—registration
	3450	Definitions—div 3.7.1	662
	3451	Application—div 3.7.1	662
	3452	Foreign confiscation orders—register	662
	3453	Foreign confiscation orders—registration	663
	3454	Foreign confiscation orders—proceedings for registration	664
	3455	Foreign confiscation orders—when registration cancelled	665
Division 3.7.2	Interstate confiscation orders—registration
	3460	Definitions—div 3.7.2	665
	3461	Interstate confiscation orders—register	666
	3462	Interstate confiscation orders—registration	667
	3463	Interstate confiscation orders—proceedings for registration	667
	3464	Interstate confiscation orders—when registration cancelled	668
	3465	Interstate confiscation orders—filing of amendments etc	668
Part 3.8	Foreign judgments—reciprocal enforcement
	3470	Definitions—pt 3.8	669
	3471	Terms used in Foreign Judgments Act	669
	3472	Application—pt 3.8	669
	3473	Foreign judgment—application for registration	670
	3474	Foreign judgment—evidence in support of application for registration	670
	3475	Foreign judgment—security for costs of application for registration	672
	3476	Foreign judgment—order for registration	672
	3477	Foreign judgment—register	673
	3478	Foreign judgment—registration	673
	3479	Foreign judgment—notice of registration	674
	3480	Notice of registration—affidavit of service to be filed	674
	3481	Registration of judgment—application to set aside	675
	3482	Foreign judgment—enforcement	675
	3483	Australian judgment—certificate for foreign registration	675
Part 3.9	Habeas corpus
	3500	Definitions—pt 3.9	677
	3501	Application—pt 3.9	677
	3502	Habeas corpus—writs of habeas corpus abolished	677
	3503	Habeas corpus—order instead of writ of habeas corpus	677
	3504	Habeas corpus—application and service	678
	3505	Habeas corpus—parties	678
	3506	Habeas corpus—procedure on application etc	679
	3507	Habeas corpus—return of order	680
Part 3.10	Judicial review
	3550	Definitions—pt 3.10	682
	3551	Terms defined in Judicial Review Act	683
	3552	Application—pt 3.10	684
	3553	Judicial review—prerogative writs etc abolished	684
	3554	Judicial review—relief previously granted by prerogative writ etc	684
	3555	Judicial review—other jurisdiction not excluded	685
	3556	Judicial review—application etc	685
	3557	Judicial review—time for starting proceeding	688
	3558	Judicial review—declaration or injunction	688
	3559	Judicial review—other prerogative relief etc	689
	3560	Judicial review—additional orders	690
	3561	Judicial review—application for statutory order of review and prerogative relief etc	691
	3562	Judicial review—relief based on application for prerogative relief etc if application made for statutory order of review	691
	3563	Judicial review—filing and serving statements	692
	3564	Judicial review—stay or dismissal of application for statutory order of review on return date	693
	3565	Judicial review—directions on return date	694
	3566	Judicial review—power of the court to stay or dismiss applications in certain circumstances	695
	3567	Judicial review—additional requirements for certiorari order	696
	3568	Judicial review—no proceeding in relation to things done under mandamus order	697
	3569	Judicial review—disclaimer in relation to quo warranto order	697
	3570	Judicial review—proceeding in relation to statement of reasons	698
Part 3.11	Legal profession
Division 3.11.1	Legal profession—general
	3600	Definitions—pt 3.11	699
	3601	Terms used in Legal Profession Act	699
	3602	Application—pt 3.11	699
Division 3.11.2	Admission of local lawyers
	3605	Admission—approved academic qualifications (Legal Profession Act, s 21 (5))	700
	3606	Admission—approved practical legal training requirements (Legal Profession Act, s 21 (5))	701
	3607	Admission—evidence of completion of courses	701
	3608	Admission—application for admission	702
	3609	Admission—when application must be made	703
	3610	Admission—compliance certificate (Legal Profession Act, s 30 (2))	703
	3611	Admission—objection by bar council or law society council	704
	3612	Admission—appearance by bar council or law society council	704
	3613	Admission—applicant’s duty of frankness	705
	3614	Admission—oath or affirmation	705
	3615	Admission—entry on local roll	705
Chapter 4	Criminal proceedings
Part 4.1	Criminal proceedings—general
Division 4.1.1	Criminal proceedings—application of ch 2
	4000	Criminal proceedings—application of expert witness code of conduct	706
Division 4.1.2	Criminal proceedings—service
	4005	Meaning of accused person for div 4.1.2—bail applications	706
	4006	Criminal proceedings—application of pt 6.8	707
	4007	Criminal proceedings—service on accused person by filing if no address for service	707
	4008	Criminal proceedings—service if no-one found at accused person’s address for service	708
	4009	Criminal proceedings—service of documents when unrepresented accused person in custody	709
Division 4.1.3	Criminal proceedings—enforcement
	4020	Criminal proceedings—failure of individual to comply with subpoena
etc	710
	4021	Criminal proceedings—failure of corporation to comply with subpoena etc	711
Division 4.1.4	Criminal proceedings—other provisions
	4050	Criminal proceedings—production of person in custody	712
	4051	Criminal proceedings—defence response to prosecutor’s opening address	712
	4052	Criminal proceedings—execution of documents	713
	4053	Criminal proceedings—inspection of registry files	713
	4054	Criminal proceedings—certificate of conviction	715
	4055	Criminal proceedings—preparation of judgments	716
Part 4.2	Magistrates Court criminal proceedings
Division 4.2.1	Magistrates Court criminal proceedings—preliminary
	4300	Definitions—pt 4.2	717
	4301	Application—pt 4.2	717
Division 4.2.2	Magistrates Court criminal proceedings—setting aside orders
	4310	Magistrates Court order made in absence of party may be set aside—general	717
	4311	Magistrates Court order made in absence of defendant may be set aside—summons for prescribed offence	718
	4312	Magistrates Court order made in absence of party may be set aside—other offences	719
	4313	Magistrates Court conviction made in absence of party set aside—warrant may be set aside	719
	4314	Magistrates Court conviction made in absence of party set aside—hearing	720
	4315	Magistrates Court order made in absence of party may be set aside—application by informant	720
Division 4.2.3	Magistrates Court criminal proceedings—witnesses
	4330	Magistrates Court witness—expenses	721
Part 4.3	Supreme Court criminal proceedings
Division 4.3.1	Supreme Court criminal proceedings—preliminary
	4700	Definitions—pt 4.3	722
	4701	Application—pt 4.3	723
Division 4.3.2	Supreme Court criminal proceedings—representation
	4705	Meaning of criminal proceeding—div 4.3.2	723
	4706	Supreme Court criminal proceedings—notice of solicitor acting	724
	4707	Supreme Court criminal proceedings—change of solicitor	725
	4708	Supreme Court criminal proceedings—removal of solicitor by court	725
	4709	Supreme Court criminal proceedings—solicitor removed from roll etc	726
	4710	Supreme Court criminal proceedings—solicitor’s instructions to act for accused person ended	726
	4711	Supreme Court criminal proceedings—withdrawal of solicitor	727
	4712	Supreme Court criminal proceedings—handing over depositions	728
Division 4.3.3	Supreme Court criminal proceedings—bail
	4720	Meaning of accused person—div 4.3.3	729
	4721	Supreme Court bail application in relation to accused person	729
	4722	Supreme Court bail application by informant	732
Division 4.3.4	Supreme Court criminal proceedings—pre-trial procedure
	4730	Application—div 4.3.4	732
	4731	Supreme Court criminal proceedings—appearance of accused person	733
	4732	Supreme Court criminal proceedings—appearance when committed for sentence	733
	4733	Supreme Court criminal proceedings—appearance when committed for trial	734
	4734	Supreme Court criminal proceedings—pre-trial questionnaire	735
	4735	Supreme Court criminal proceedings—pre-arraignment conference	736
	4736	Supreme Court criminal proceedings—arraignment	736
	4737	Supreme Court criminal proceedings—pre-trial directions hearing	737
Division 4.3.5	Supreme Court criminal proceedings—pre-trial applications
	4750	Supreme Court criminal proceedings—application to set aside or stay proceeding	737
	4751	Supreme Court criminal proceedings—application for separate trials	738
	4752	Supreme Court criminal proceedings—other pre-trial applications	738
	4753	Supreme Court criminal proceedings—applications under r 4750, r 4751 and r 4752	739
Division 4.3.6	Supreme Court criminal proceedings—other provisions
	4780	Supreme Court criminal proceedings—arraignment dates	740
Chapter 5	Appellate proceedings
Part 5.1	Appellate proceedings—preliminary
	5000	Definitions—ch 5	744
	5001	Appellate proceedings—application of ch 2 generally	745
Part 5.2	Appeals from master or registrar
	5010	Definitions—pt 5.2	746
	5011	Application—pt 5.2	746
	5012	Appeals from master or registrar—starting appeal	747
	5013	Appeals from master or registrar—requirements for notice of appeal	747
	5014	Appeals from master or registrar—time for filing notice of appeal	748
	5015	Appeals from master or registrar—notice of appeal to be sealed	749
	5016	Appeals from master or registrar—serving notice of appeal	749
	5017	Appeals from master or registrar—stay and reinstatement	750
Part 5.3	Appeals to Supreme Court
Division 5.3.1	Appeals to Supreme Court—preliminary
	5050	Definitions—pt 5.3	751
	5051	Application—pt 5.3	752
	5052	Appeals to Supreme Court—general powers	755
	5053	Appeals to Supreme Court—non-publication order	756
	5054	Appeals to Supreme Court—stay and reinstatement	757
	5055	Appeals to Supreme Court—security for costs	759
Division 5.3.2	Appeals to Supreme Court—leave to appeal
	5070	Application—div 5.3.2	759
	5071	Appeals to Supreme Court—application for leave to appeal	760
	5072	Appeals to Supreme Court—time for filing application for leave to appeal	761
	5073	Appeals to Supreme Court—application for leave to appeal to be sealed	761
	5074	Appeals to Supreme Court—serving application for leave to appeal	761
	5075	Appeals to Supreme Court—notice of intention to respond to application for leave to appeal	762
	5076	Appeals to Supreme Court—time for filing etc respondent’s affidavits for leave to appeal	763
Division 5.3.3	Appeals to Supreme Court—leave to appeal out of time
	5080	Meaning of out of time—div 5.3.3	763
	5081	Application—div 5.3.3	763
	5082	Appeals to Supreme Court—application for leave to appeal out of time	764
	5083	Appeals to Supreme Court—filing application for leave to appeal out of time	765
	5084	Appeals to Supreme Court—application for leave to appeal out of time to be sealed	765
	5085	Appeals to Supreme Court—serving application for leave to appeal out of time	765
	5086	Appeals to Supreme Court—notice of intention to respond to application for leave to appeal out of time	766
	5087	Appeals to Supreme Court—time for filing etc respondent’s affidavits for leave to appeal out of time	767
Division 5.3.4	Appeals to Supreme Court—procedure generally
	5100	Appeals to Supreme Court—starting appeal	767
	5101	Appeals to Supreme Court—requirements for notice of appeal etc	767
	5102	Appeals to Supreme Court—parties to appeal	769
	5103	Appeals to Supreme Court—time for filing notice of appeal	770
	5104	Appeals to Supreme Court—notice of appeal to be sealed	771
	5105	Appeals to Supreme Court—numbering etc of appeals	771
	5106	Appeals to Supreme Court—date for settlement of appeal papers	772
	5107	Appeals to Supreme Court—serving notice of appeal	772
	5108	Appeals to Supreme Court—notice of intention to respond	773
	5109	Appeals to Supreme Court—respondent taken to be served by filing notice of intention to respond	774
	5110	Appeals to Supreme Court—documents	774
	5111	Appeals to Supreme Court—amending notice of appeal	776
	5112	Appeals to Supreme Court—cross-appeal	777
	5113	Appeals to Supreme Court—application of certain rules to cross-appeals	779
	5114	Appeals to Supreme Court—effect of failure to give notice of cross-appeal	780
	5115	Appeals to Supreme Court—notice of contention	780
Division 5.3.5	Appeals to Supreme Court—appeal papers and hearing
	5130	Appeals to Supreme Court—draft index of appeal papers	782
	5131	Appeals to Supreme Court—settlement of appeal papers	783
	5132	Appeals to Supreme Court—content of appeal papers	783
	5133	Appeals to Supreme Court—presentation of appeal papers	785
	5134	Appeals to Supreme Court—filing and serving appeal papers	785
	5135	Appeals to Supreme Court—setting appeal for hearing	786
	5136	Appeals to Supreme Court—changing appeal hearing date	786
	5137	Appeals to Supreme Court—written summary and list for appeal hearing	787
	5138	Appeals to Supreme Court—summaries of arguments	788
	5139	Appeals to Supreme Court—list of authorities, legislation and texts	789
	5140	Appeals to Supreme Court—absence of party	789
	5141	Appeals to Supreme Court—insufficient material	790
Division 5.3.6	Appeals to Supreme Court—ending all or part of appeal
	5170	Appeals to Supreme Court—abandonment of ground of appeal	791
	5171	Appeals to Supreme Court—discontinuance of appeal	791
	5172	Appeals to Supreme Court—competency of appeal	793
	5173	Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent	793
	5174	Appeals to Supreme Court—dismissal by consent	794
	5175	Appeals to Supreme Court—consent orders	795
Division 5.3.7	Appeals to Supreme Court—miscellaneous
	5190	Appeals to Supreme Court—directions about appeal etc	795
	5191	Appeals to Supreme Court—want of prosecution of appeal	796
	5192	Appeals to Supreme Court—matter happening in court or tribunal appealed from	797
	5193	Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214	798
	5194	Appeals to Supreme Court—keeping exhibits	799
Part 5.4	Appeals to Court of Appeal
Division 5.4.1	Appeals to Court of Appeal—preliminary
	5300	Meaning of court—pt 5.4	800
	5301	Appeals to Court of Appeal—stay and reinstatement	800
	5302	Appeals to Court of Appeal—security for costs	801
Division 5.4.2	Appeals to Court of Appeal—leave to appeal from interlocutory judgments
	5310	Application—div 5.4.2	802
	5311	Appeals to Court of Appeal—application for leave to appeal	802
	5312	Appeals to Court of Appeal—time for filing application for leave to appeal	803
	5313	Appeals to Court of Appeal—application for leave to appeal to be sealed	803
	5314	Appeals to Court of Appeal—serving application for leave to appeal	804
	5315	Appeals to Court of Appeal—notice of intention to respond to application for leave to appeal	805
	5316	Appeals to Court of Appeal—time for filing etc respondent’s affidavits for leave to appeal	805
Division 5.4.3	Appeals to Court of Appeal—leave to appeal out of time from final judgments
	5330	Definitions—div 5.4.3	806
	5331	Application—div 5.4.3	806
	5332	Appeals to Court of Appeal—application for leave to appeal out of time	807
	5333	Appeals to Court of Appeal—filing application for leave to appeal out of time	807
	5334	Appeals to Court of Appeal—application for leave to appeal out of time to be sealed	808
	5335	Appeals to Court of Appeal—serving application for leave to appeal out of time	808
	5336	Appeals to Court of Appeal—notice of intention to respond to application for leave to appeal out of time	809
	5337	Appeals to Court of Appeal—time for filing etc respondent’s affidavits for leave to appeal out of time	809
Division 5.4.4	Appeals to Court of Appeal—procedure generally
	5400	Definitions—divs 5.4.4 to 5.4.6	810
	5401	Application—divs 5.4.4 to 5.4.6	810
	5402	Appeals to Court of Appeal—starting appeal	811
	5403	Appeals to Court of Appeal—requirements for notice of appeal etc	811
	5404	Appeals to Court of Appeal—parties to appeal	812
	5405	Appeals to Court of Appeal—time for filing notice of appeal	813
	5406	Appeals to Court of Appeal—notice of appeal to be sealed	814
	5407	Appeals to Court of Appeal——numbering etc of appeals	814
	5408	Appeals to Court of Appeal—date for settlement of appeal papers	815
	5409	Appeals to Court of Appeal—serving notice of appeal	815
	5410	Appeals to Court of Appeal—notice of intention to respond	816
	5411	Appeals to Court of Appeal—respondent taken to be served by filing notice of intention to respond	817
	5412	Appeals to Court of Appeal—amending notice of appeal	817
	5413	Appeals to Court of Appeal—cross-appeal	818
	5414	Appeals to Court of Appeal—application of certain rules to cross-appeals	820
	5415	Appeals to Court of Appeal—effect of failure to give notice of cross-appeal	821
	5416	Appeals to Court of Appeal—notice of contention	821
Division 5.4.5	Appeals to Court of Appeal—appeal papers and hearing
	5430	Appeals to Court of Appeal—filing of things before settlement of appeal papers	823
	5431	Appeals to Court of Appeal—draft index of appeal papers	824
	5432	Appeals to Court of Appeal—settlement of appeal papers	824
	5433	Appeals to Court of Appeal—content of appeal papers	825
	5434	Appeals to Court of Appeal—presentation of appeal papers	827
	5435	Appeals to Court of Appeal—filing and serving appeal papers	828
	5436	Appeals to Court of Appeal—setting appeal for hearing	828
	5437	Appeals to Court of Appeal—changing appeal hearing date	829
	5438	Appeals to Court of Appeal—written summary and list for appeal hearing	829
	5439	Appeals to Court of Appeal—summaries of arguments	830
	5440	Appeals to Court of Appeal—list of authorities, legislation and texts	831
	5441	Appeals to Court of Appeal—absence of party	832
	5442	Appeals to Court of Appeal—insufficient material	833
Division 5.4.6	Appeals to Court of Appeal—ending all or part of appeal
	5470	Appeals to Court of Appeal—abandonment of ground of appeal	833
	5471	Appeals to Court of Appeal—discontinuance of appeal	834
	5472	Appeals to Court of Appeal—competency of appeal	835
	5473	Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent	835
	5474	Appeals to Court of Appeal—dismissal by consent	836
	5475	Appeals to Court of Appeal—consent orders	837
Division 5.4.7	Appeals to Court of Appeal—convictions and sentences
Subdivision 5.4.7.1	Appeals to Court of Appeal—convictions and sentences preliminary
	5500	Definitions—div 5.4.7	837
Subdivision 5.4.7.2	Appeals to Court of Appeal—leave to appeal out of time by convicted person
	5505	Application—sdiv 5.4.7.2	838
	5506	Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence	838
	5507	Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence to be sealed	839
	5508	Appeals to Court of Appeal—serving application for leave to appeal out of time against conviction or sentence	839
	5509	Appeals to Court of Appeal—response by DPP to application for leave to appeal out of time against conviction or sentence	840
	5510	Appeals to Court of Appeal—registrar’s decision on application for leave to appeal out of time against conviction or sentence	841
Subdivision 5.4.7.3	Appeals to Court of Appeal—leave to appeal out of time by DPP
	5520	Application of div 5.4.3 to certain appeals by DPP	842
Subdivision 5.4.7.4	Appeals to Court of Appeal—convictions and sentences generally
	5530	Appeals to Court of Appeal—treating application for leave to appeal out of time against conviction or sentence as appeal	842
	5531	Appeals to Court of Appeal—grounds of appeal against conviction or sentence	843
	5532	Appeals to Court of Appeal—trial judge’s report for appeal against conviction or sentence	843
	5533	Appeals to Court of Appeal—service if convicted person in custody and unrepresented	843
	5534	Appeals to Court of Appeal—written case and presence if convicted person appellant	844
	5535	Appeals to Court of Appeal—order for production of offender	846
	5536	Appeals to Court of Appeal—fine paid to be kept pending appeal	846
	5537	Appeals to Court of Appeal—solicitor’s instructions to act for convicted person ended	848
	5538	Appeals to Court of Appeal—solicitor wants to withdraw from acting for convicted person	848
	5539	Appeals to Court of Appeal—notification of result of appeal against conviction etc	850
Division 5.4.8	Appeals to Court of Appeal—miscellaneous
	5600	Appeals to Court of Appeal—power to amend proceedings in court below	851
	5601	Appeals to Court of Appeal—expediting appeals etc	851
	5602	Appeals to Court of Appeal—directions about appeal etc	851
	5603	Appeals to Court of Appeal—want of prosecution of appeal	852
	5604	When Court of Appeal may be constituted by single judge—Supreme Court Act 1933, s 37J (1) (h)	854
	5605	Jurisdiction of Court of Appeal that may be exercised by single judge—Supreme Court Act 1933, s 37J (3)	855
	5606	Appeals to Court of Appeal—further evidence on appeal	855
	5607	Appeals to Court of Appeal—keeping exhibits	856
Part 5.5	Orders to review Magistrates Court decisions
	5700	Meaning of review order—pt 5.5	858
	5701	Review orders—application for order	858
	5702	Review orders—affidavits	859
	5703	Review orders—service of applications	859
	5704	Review orders—parties	859
	5705	Review orders—service of review order	859
	5706	Review orders—notice of intention to respond to review order	860
	5707	Review orders—security for costs	860
	5708	Review orders—stay	861
	5709	Review orders—non-appearance of applicant	862
	5710	Review orders—application to revoke review order	863
Part 5.6	Reference appeals
Division 5.6.1	Reference appeals—Supreme Court
	5750	Definitions—div 5.6.1	864
	5751	Reference appeals to Supreme Court—application for reference
appeal	864
	5752	Reference appeals to Supreme Court—service of application etc for reference appeal	865
	5753	Reference appeals to Supreme Court—notice of intention to respond by interested party	865
	5754	Reference appeals to Supreme Court—discontinuance of reference appeal	866
	5755	Reference appeals to Supreme Court—application of certain rules to reference appeals	867
Division 5.6.2	Reference appeals—Court of Appeal
	5770	Definitions—div 5.6.2	868
	5771	Reference appeals to Court of Appeal—application for reference appeal	869
	5772	Reference appeals to Court of Appeal—service of application etc for reference appeal	869
	5773	Reference appeals to Court of Appeal—notice of intention to respond by interested party	870
	5774	Reference appeals to Court of Appeal—discontinuance of reference appeal	870
	5775	Reference appeals to Court of Appeal—application of certain rules to reference appeals	871
Part 5.7	Special cases
Division 5.7.1	Questions referred—Supreme Court
	5800	Application—div 5.7.1	874
	5801	Definitions—div 5.7.1	876
	5802	Question referred to Supreme Court—form	876
	5803	Special case to Supreme Court—preparation and settling	877
	5804	Special case to Supreme Court—person with legal disability	877
	5805	Special case to Supreme Court—directions hearing	878
	5806	Special case to Supreme Court—setting down for hearing	878
	5807	Special case to Supreme Court—insufficient statement of case	878
	5808	Special case to Supreme Court—court can draw inferences	879
	5809	Special case to Supreme Court—agreement about damages and
costs	879
Division 5.7.2	Questions referred—Court of Appeal
	5830	Application—div 5.7.2	880
	5831	Definitions—div 5.7.2	880
	5832	Question referred to Court of Appeal—form	880
	5833	Special case to Court of Appeal—preparation and settling	881
	5834	Special case to Court of Appeal—setting down for hearing	881
	5835	Special case to Court of Appeal—court can draw inferences	882
	5836	Special case to Court of Appeal—agreement about damages and
costs	882
Part 5.8	Written cases
	5850	Definitions—pt 5.8	883
	5851	Application of pt 5.8 to div 5.6.1 etc	884
	5852	Written cases—when used	885
	5853	Written cases—appellant wants written case	885
	5854	Written cases—respondent wants written case	886
	5855	Written cases—filing etc written case for application	887
	5856	Written cases—filing etc written case for appeal	888
	5857	Written cases—form	889
	5858	Written cases—inspection	890
Chapter 6	General rules for all proceedings
Part 6.1	Introductory provisions—ch 6
	6000	Application—ch 6	891
Part 6.2	Applications in proceedings
	6005	Definitions—pt 6.2	892
	6006	Application—pt 6.2	892
	6007	Application in proceeding—contents	893
	6008	Application in proceeding—filing and service	895
	6009	Application in proceeding—filing and service of supporting material	896
	6010	Application in proceeding—absence of party	897
	6011	Application in proceeding—dismissal or adjournment if application not served etc	897
	6012	Application in proceeding—adjournment generally	898
	6013	Application in proceeding—adjournment without attendance	898
	6014	Application in proceeding—further hearing	899
	6015	Application in proceeding—application under r 40	899
	6016	Application in proceeding—oral application	900
Part 6.3	Documents
Division 6.3.1	General provisions about documents for filing
	6100	Application—div 6.3.1	901
	6101	Documents—compliance with approved form	901
	6102	Documents—general heading style	902
	6103	Documents—layout etc	903
	6104	Documents—use of copies	904
	6105	Documents—use of figures	905
	6106	Documents—signing	905
	6107	Documents—alterations	906
Division 6.3.2	Filing documents
	6120	Filing documents—number of copies	907
	6121	How documents may be filed	907
	6122	Filing documents personally	908
	6123	Filing documents by post	908
	6124	Filing documents by document exchange	909
	6125	Practice notes about filing	910
	6126	Date of filing	911
Division 6.3.3	Rejecting filed documents
	6140	Rejecting documents—noncompliance with rules etc	912
	6141	Rejecting documents—inconvenient address for service	913
	6142	Rejecting documents—abuse of process etc	913
	6143	Rejecting document—registrar to give notice etc	914
	6144	Rejecting document—costs	914
	6145	Filed documents initially rejected	915
Part 6.4	Master
	6200	Jurisdiction exercisable by master	916
	6201	Order that jurisdiction in proceeding be exercised by judge instead of master	917
	6202	Master referring proceeding or issue to judge	917
Part 6.5	Registrar
	6250	Jurisdiction exercisable by registrar of Supreme Court	919
	6252	Registrar’s powers—postponement of hearing	924
	6253	Registrar’s powers—subpoenas	924
	6254	Order that jurisdiction in proceeding be exercised by judicial officer other than registrar	925
	6255	Registrar referring proceeding or issue to judicial officer	926
	6256	Appeals from registrar’s orders etc	926
Part 6.6	Registry
	6300	Office hours	928
	6301	Registrar’s duties	928
	6302	Cause book	928
	6303	Registrar to keep seals	929
	6304	Documents—sealing and stamping	930
	6305	Issue of commissions	930
	6306	Duplicate sealed etc documents	930
	6307	Delegation by registrar	931
Part 6.7	Time
	6350	Time—certain days excluded in working out	932
	6351	Time—extending and shortening by court order	933
	6352	Time—fixing by court order	933
Part 6.8	Service
Division 6.8.1	Service—preliminary
	6400	Application—pt 6.8	934
	6401	Service of filed documents	934
Division 6.8.2	Personal service
	6405	How document is personally served	935
Division 6.8.3	Service—Magistrates Court
	6410	Application—div 6.8.3	935
	6411	Service on individuals generally—Magistrates Court	936
	6412	Service of originating process by post—Magistrates Court	936
	6413	Doubtful service—Magistrates Court	937
Division 6.8.4	Ordinary service
	6420	Ordinary service—address for service	939
	6421	Service by filing	940
Division 6.8.5	Service—particular cases
	6430	Service in Australia but outside ACT	940
	6431	Service on corporations—generally	941
	6432	Service on corporations—additional ways for all corporations	942
	6433	Service of originating process on partnership	943
	6434	Service on defendant operating under unregistered business name	944
	6435	Service on children	945
	6436	Service on people with mental disabilities	946
	6437	Service on detainees	947
	6438	Service if no-one found at party’s address for service	947
	6439	Service of originating application to recover unoccupied land	948
Division 6.8.6	Time of service
	6450	Time of service at address for service	949
Division 6.8.7	Service—other
	6460	Substituted service	950
	6461	Informal service	951
	6462	Service on agent	952
	6463	Service under contract	953
	6464	Acceptance of service by solicitor	953
	6465	Special requirements for service by fax	954
	6466	Email service—other matters	954
	6467	Proof of service	955
	6468	Identity of person served	958
	6469	Change of address for service	958
Division 6.8.8	Service of subpoenas and notices instead of subpoenas—general
	6480	Subpoena—service on solicitor	958
	6481	Subpoena—service on medical expert	959
	6482	Medical expert—notice instead of subpoena	960
	6483	Medical expert—no shortening of time for service of notice	960
Division 6.8.9	Service outside Australia—general
	6500	Definitions—div 6.8.9	961
	6501	Service outside Australia—service of originating process without leave	961
	6502	Service outside Australia—counterclaim or third-party notice	966
	6503	Service outside Australia—setting aside service of originating process etc	966
	6504	Service outside Australia—service of other documents in proceeding	967
	6505	Service outside Australia—leave for service	967
	6506	Service outside Australia—confirmation of service of other documents in proceeding	968
	6507	Service outside Australia—directions etc	969
	6508	Service outside Australia—leave to proceed against defendant	969
	6509	Service outside Australia—how service is made	972
	6510	Service outside Australia—service in convention countries	972
	6511	Service outside Australia—service in non-convention countries	975
	6512	Service outside Australia—other orders	979
Division 6.8.10	Service of subpoenas in New Zealand
	6520	Application—div 6.8.10	979
	6521	Terms used in Evidence and Procedure (New Zealand) Act	980
	6522	Application for leave to serve subpoena in New Zealand	980
	6523	Supporting affidavit—application for leave to serve subpoena in New Zealand	981
	6524	Application for leave to serve subpoena in New Zealand need not be served etc	982
	6525	Undertaking about paying loss or expense in complying with subpoena served in New Zealand	983
	6526	Setting aside subpoena for service in New Zealand	983
	6527	Noncompliance with subpoena served in New Zealand	984
Division 6.8.11	Service of foreign legal process in the ACT
	6540	Letter of request from foreign tribunal—procedure	986
	6541	Orders for substituted service etc for div 6.8.11	987
	6542	Noncompliance with div 6.8.11	988
Part 6.9	Subpoenas
	6600	Definitions—pt 6.9	989
	6601	Issuing subpoena	989
	6602	Form of subpoena	990
	6603	Subpoena to produce—leave to serve late	991
	6604	Setting aside subpoena or other relief	993
	6605	Service of subpoena	993
	6606	Compliance with subpoena	993
	6607	Production of subpoenaed document etc otherwise than on attendance	994
	6608	Removal, return, inspection etc of subpoenaed documents and things	995
	6609	Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on attendance	995
	6610	Disposal of subpoenaed documents and things produced	997
	6611	Costs and expenses of compliance with subpoena	998
	6612	Failure to comply with subpoena—contempt of court	999
	6613	Documents and things in custody of court	999
	6614	Application of pt 6.9—subpoena under Commercial Arbitration Act	1000
Part 6.10	Evidence
Division 6.10.1	General—pt 6.10
	6700	Way evidence given—civil proceedings	1002
	6701	Evidence on affidavit by agreement—civil proceedings	1003
	6702	Evidence in another civil proceeding etc	1004
	6703	Evidence by telephone etc	1004
	6704	Plans, photographs, video or audio recordings and models	1005
Division 6.10.2	Affidavits
	6710	Affidavit—form	1006
	6711	Affidavit—contents	1006
	6712	Affidavit—annexures and exhibits	1007
	6713	Affidavit—document included in	1009
	6714	Affidavit—when may be taken	1010
	6715	Affidavit—taking of	1010
	6716	Affidavit—certificate of reading or signature for person making	1011
	6717	Affidavit—alterations in	1013
	6718	Affidavit—filing and service	1013
	6719	Affidavit—irregular in form	1014
	6720	Affidavit—scandalous matter etc	1015
	6721	Affidavit—cross-examination of maker	1015
	6722	Affidavit—taken before party	1016
Division 6.10.3	Exchange of correspondence before making application in proceeding
	6740	Definitions—div 6.10.3	1017
	6741	Application—div 6.10.3	1017
	6742	Applicant’s letter to respondent	1018
	6743	Respondent’s reply to applicant’s letter	1019
	6744	Applicant and respondent—additional correspondence	1020
	6745	Div 6.10.3 application—making application	1020
	6746	Div 6.10.3 application—hearing	1021
Division 6.10.4	Notices under Commonwealth Evidence Act
	6750	Evidence of previous representation notice	1021
	6751	Objection to hearsay evidence notice—civil proceedings	1022
	6752	Tendency evidence notice	1022
	6753	Coincidence evidence notice	1023
Division 6.10.5	Exhibits, documents and things
	6760	Meaning of subpoenaed document or thing—div 6.10.5	1023
	6761	Registrar to keep record of proceeding	1023
	6762	Custody of exhibits after proceeding	1024
	6763	Duty of parties to claim exhibits	1024
	6764	Return of subpoenaed document or thing	1026
	6765	Requirement to give or send exhibit	1027
	6766	Disposal of exhibits	1027
	6767	Power to allow removal of exhibits etc	1028
Division 6.10.6	Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link
	6800	Application for direction under Evidence (Miscellaneous Provisions) Act, s 20	1030
	6801	Directions for Evidence (Miscellaneous Provisions) Act, s 20	1031
Division 6.10.7	Taking evidence from New Zealand by video link or telephone
	6805	Terms used in Evidence and Procedure (New Zealand) Act	1032
	6806	Application for direction under Evidence and Procedure (New Zealand) Act, s 25	1032
	6807	Directions for Evidence and Procedure (New Zealand) Act, s 25	1033
Division 6.10.8	Taking evidence otherwise than at trial
	6810	Definitions—div 6.10.8	1034
	6811	Effect of court directions for examination order	1035
	6812	Application of div 6.10.8 to letter of request	1035
	6813	Order for taking evidence otherwise than at trial	1036
	6814	When examination order may be made	1037
	6815	Application for examination order	1037
	6816	Appointment of examiner	1038
	6817	Documents for examiner	1038
	6818	Time and place of examination etc	1039
	6819	Conduct of examination	1039
	6820	Examination of additional people	1040
	6821	Objections by party or person being examined	1041
	6822	Recording evidence of examination	1042
	6823	Authentication and filing of deposition of examination etc	1043
	6824	Special report on examination	1043
	6825	Default of witness at examination	1044
	6826	Costs of examination	1044
	6827	Witness expenses for witness at examination	1045
	6828	Admissibility of deposition of examination	1045
	6829	Letter of request	1045
	6830	Use of evidence taken in examination	1047
	6831	Use of evidence taken in an examination—subsequent proceedings	1048
	6832	Amendment and revocation of examination orders	1050
	6833	Exclusion of evidence in criminal proceeding	1050
Division 6.10.9	Taking evidence for Australian and foreign courts and tribunals
	6840	Definitions—div 6.10.9	1051
	6841	Application—div 6.10.9	1052
	6842	Application for div 6.10.9 order	1053
	6843	Order relating to taking evidence for Australian or foreign court or tribunal	1053
	6844	Div 6.10.9 order for criminal proceeding	1054
	6845	Appointment of examiner for div 6.10.9	1055
	6846	Attendance by div 6.10.9 order applicant at examination	1055
	6847	Procedure for taking evidence under div 6.10.9 order	1055
	6848	Keeping of exhibits at div 6.10.9 examination	1056
	6849	Certificate of order and depositions—div 6.10.9 examination	1056
	6850	Privilege of witnesses—div 6.10.9 examination	1057
	6851	Privilege of witnesses—unsupported claim etc for div 6.10.9 examination	1058
Part 6.11	Miscellaneous—ch 6
	6900	Power to make orders	1060
	6901	Orders may be made on conditions	1060
	6902	Leave may be given on conditions	1060
	6903	References to court acting on its own initiative	1060
	6904	Mandatory order to registrar etc	1061
	6905	Notices must be written	1061
	6906	Mistakes in orders or court certificates	1061
	6907	Power to make practice notes	1062
Chapter 7	Transitional
Part 7.1	Transitional—Supreme Court
	7000	Transitional—existing proceedings in Supreme Court on 1 July 2006	1063
	7001	Transitional—approved forms for Supreme Court	1063
	7002	Transitional—construction of outdated references to Supreme Court rules etc	1064
Part 7.2	Transitional—Magistrates Court
	7010	Transitional—application of old Magistrates Court rules to proceedings until 1 January 2007	1066
	7011	Transitional—existing proceedings in Magistrates Court on 1 January 2007	1066
Schedule 1	Expert witness code of conduct	1068
	1.1	Application of code	1068
	1.2	General duty to court	1068
	1.3	Form of expert reports	1068
	1.4	Experts’ conference	1069
Schedule 2	Interest rates	1071
Part 2.1	Interest up to judgment	1071
Part 2.2	Interest after judgment	1074
Schedule 3	Costs amount—debts and liquidated demands	1076
Part 3.1	Claim for debt or liquidated demand	1076
Part 3.2	Default judgment	1077
Schedule 4	Scale of costs	1078
Part 4.1	Scale of costs—general	1078
	4.1	Costs—general care and conduct	1078
	4.2	Costs—registrar’s discretion	1079
	4.3	Costs—letters sent by email	1079
	4.4	Costs—allowance on affidavits to include attendances	1079
	4.5	Costs—affidavit made by 2 or more people etc	1080
	4.6	Costs—documents to be served together	1080
	4.7	Costs—agency correspondence	1080
	4.8	Costs—attendance to instruct counsel	1080
	4.9	Costs—parties with same solicitor	1081
	4.10	Costs—counsel drawing and settling documents	1082
	4.11	Costs—premature brief	1082
	4.12	Costs—transitional	1082
Part 4.2	Scale of costs—items	1083
Schedule 5	Jurisdiction of registrar	1097
Part 5.1	Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Supreme Court	1097
Part 5.2	Jurisdiction related to Corporations Act exercisable by registrar of Supreme Court	1108
Part 5.3	Jurisdiction related to ASIC Act exercisable by registrar of Supreme Court	1123
Schedule 6	Corporations Rules	1124
Part 6.1	Corporations Rules—preliminary	1124
	1.1	Name of rules	1124
	1.2		1124
	1.3	Application of sch 6 and provisions of these rules	1124
	1.4	Terms used in Corporations Act	1125
	1.5	Definitions—sch 6	1125
	1.6	References to rules	1126
	1.7	Substantial compliance with forms	1126
	1.8	Court’s power to give directions	1127
	1.9	Calculation of time	1127
	1.10	Extending and shortening of time	1128
Part 6.2	Proceedings generally	1129
	2.1	Title of documents in a proceeding	1129
	2.2	Originating process and interlocutory process	1129
	2.3	Setting of hearing	1130
	2.4	Supporting affidavits	1130
	2.4A	Application for order setting aside statutory demand (Corporations Act, s 459G)	1131
	2.5	Affidavits made by creditors	1131
	2.6	Form of affidavits	1132
	2.7	Service of originating process or interlocutory process and supporting affidavit	1132
	2.8	Notice of certain applications to be given to commission	1133
	2.9	Notice of appearance (Corporations Act, s 465C)	1134
	2.10	Intervention in proceeding by commission (Corporations Act, s 1330)	1135
	2.11	Publication of notices	1135
	2.12	Proof of publication	1136
	2.13	Leave to creditor, contributory or officer to be heard	1136
	2.14	Inquiry in relation to corporation’s debts etc	1137
	2.15	Meetings ordered by the court	1137
Part 6.3	Compromises and arrangements in relation to Part 5.1 bodies	1138
	3.1	Application—pt 1.3	1138
	3.2	Nomination of chairperson for meeting	1138
	3.3	Order for meetings to identify proposed scheme	1139
	3.4	Notice of hearing (Corporations Act, s 411 (4) and s 413 (1))	1139
	3.5	Copy of order approving compromise or arrangement to be lodged with commission	1140
Part 6.4	Receivers and other controllers of corporation property (Corporations Act, pt 5.2)	1141
	4.1	Inquiry into conduct of controller (Corporations Act, s 423)	1141
Part 6.5	Winding-up proceedings (including oppression proceedings where winding‑up is sought)	1142
	5.1	Application—pt 6.5	1142
	5.2	Affidavit accompanying statutory demand (Corporations Act, s 459E (3))	1142
	5.3	Application for leave to apply for winding-up in insolvency (Corporations Act, s 459P (2))	1143
	5.4	Affidavit in support of application for winding-up (Corporations Act, s 459P, s 462, s 464)	1143
	5.5	Consent of liquidator (Corporations Act, s 532 (9))	1144
	5.6	Notice of application for winding-up	1144
	5.7	Applicant to make copies of documents available	1145
	5.8	Discontinuance of application for winding-up	1145
	5.9	Appearance before registrar	1145
	5.10	Order substituting plaintiff in application for winding‑up (Corporations Act, s 465B)	1145
	5.11	Notice of winding-up order and appointment of liquidator	1146
Part 6.6	Provisional liquidators (Corporations Act, pt 5.4B)	1147
	6.1	Appointment of provisional liquidator (Corporations Act, s 472)	1147
	6.2	Notice of appointment of provisional liquidator	1147
Part 6.7	Liquidators	1149
	7.1	Resignation of liquidator (Corporations Act, s 473 (1))	1149
	7.2	Filling vacancy in office of liquidator (Corporations Act, s 473 (7), 
s 502)	1149
	7.3	Report to liquidator as to company’s affairs (Corporations Act, s 475)	1149
	7.4	Liquidator to file certificate and copy of settled list of contributories (Corporations Act, s 478)	1150
	7.5	Release of liquidator and deregistration of company (Corporations Act, s 480 (c) and (d))	1150
	7.6	Objection to release of liquidator	1153
	7.7	Report on accounts of liquidator (Corporations Act, s 481)	1154
	7.8	Application for payment of call (Corporations Act, s 483 (3) (b))	1154
	7.9	Distribution of surplus by liquidator with special leave of the court (Corporations Act, s 488 (2))	1154
	7.10	Powers delegated to liquidator by the court (Corporations Act, s 488)	1155
	7.11	Inquiry into conduct of liquidator (Corporations Act, s 536 (1) and (2))	1155
Part 6.8	Special managers (Corporations Act, pt 5.4B)	1157
	8.1	Application for appointment of special manager (Corporations Act, s 484)	1157
	8.2	Security given by special manager (Corporations Act, s 484)	1157
	8.3	Special manager’s receipts and payments (Corporations Act, s 484)	1158
Part 6.9	Remuneration of office‑holders	1159
	9.1	Remuneration of receiver (Corporations Act, s 425 (1))	1159
	9.2	Remuneration of administrator (Corporations Act, s 449E (1))	1161
	9.3	Remuneration of provisional liquidator (Corporations Act, s 473 (2))	1163
	9.4	Remuneration of liquidator (Corporations Act, s 473 (3))	1165
	9.5	Remuneration of special manager (Corporations Act, s 484 (2))	1167
Part 6.10	Winding-up generally	1170
	10.1	Determination of value of debts or claims (Corporations Act, 
s 554A (2))	1170
	10.2	Disclaimer of contract (Corporations Act, s 568 (1A))	1170
	10.3	Winding-up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act, s 601ND)	1170
Part 6.11	Examinations and orders (Corporations Act, pt 5.9, div 1 and div 2)	1171
	11.1	Meaning of examination summons in pt 6.11	1171
	11.2	Application for examination or investigation under Corporations Act, s 411 (9) (b), s 423 or s 536 (3)	1171
	11.3	Application for examination summons (Corporations Act, s 596A, s 596B)	1172
	11.4	Service of examination summons	1173
	11.5	Discharge of examination summons	1173
	11.6	Filing of record of examination (Corporations Act, s 597 (13))	1173
	11.7	Authentication of transcript of examination (Corporations Act, s 597 (14))	1174
	11.8	Inspection of record or transcript of examination or investigation under Corporations Act, s 411, s 423 or s 536	1174
	11.9	Entitlement to record or transcript of examination held in public	1175
	11.10	Default in relation to examination	1175
	11.11	Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act, s 598)	1176
Part 6.12	Takeovers, acquisitions of shares and other matters (Corporations Act, chs 6, 6A, 6B, 6C, 6D and 7) and securities (Corporations Act, ch 7)	1177
	12.1	Service on commission in relation to proceedings under Corporations Act, ch 6, 6A, 6B, 6C, 6D or 7	1177
	12.1A	Reference to court of question of law arising in proceeding before Takeovers Panel (Corporations Act, s 659A)	1177
	12.2	Application for summons for appearance of person (Corporations Act, s 1071D (4))	1177
	12.3	Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act, s 1071F)	1178
Part 6.13		1179
Part 6.14	Powers of courts (Corporations Act, pt 9.5)	1180
	14.1	Appeal from act, omission or decision of administrator, receiver or liquidator etc (Corporations Act, s 554A, s 1321)	1180
Part 6.15	Proceedings under ASIC Act	1182
	15.1	Reference to court of question of law arising at hearing of commission (ASIC Act, s 61)	1182
	15.2		1182
	15.3	Application for inquiry (ASIC Act, s 70, s 201, s 219)	1182
Part 6.16		1183
Schedule 7	Transitional—modification of rules for Magistrates Court	1184
Part 7.1	Modification of Magistrates Court (Civil Jurisdiction) Rules 2004	1184
Dictionary		1185
Endnotes		1209
	1	About the endnotes	1209
	2	Abbreviation key	1209
	3	Legislation history	1210
	4	Amendment history	1210
	5	Earlier republications	1211

Australian Capital Territory
Court Procedures Rules 2006     

made under the
Court Procedures Act 2004

    

  

Chapter 5	Appellate proceedings
Part 5.1	Appellate proceedings—preliminary
5000	Definitions—ch 5
In this chapter:
conviction means, if a person has been found guilty at a trial on an indictment or pleaded guilty to an offence charged in an indictment—
	(a)	a conviction recorded by the Supreme Court for the person; or
	(b)	a finding of guilt recorded by the Supreme Court for the person.
sentence means an order, decision or other sentence (however described) imposed by the Supreme Court on a person—
	(a)	after the person has been convicted or found guilty; or
	(a)	after the person has pleaded guilty to an indictable offence under the Magistrates Court Act 1930, section 90A (7) (Plea of guilty in committal proceedings).
Examples of sentences
1	a reparation order under the Crimes (Sentencing) Act 2005, section 19 (Reparation orders—losses and expenses generally)
2	a good behaviour order under the Crimes (Sentencing) Act 2005, section 13 (Good behaviour orders)
3	a treatment order under the Drugs of Dependence Act 1989, section 123 (Treatment orders)
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5001	Appellate proceedings—application of ch 2 generally
(SCR o 1A r 1)
	(1)	Except as provided by this rule or another rule in this chapter, chapter 2 (Civil proceedings generally) does not apply to an appellate proceeding.
	(2)	The applied civil rules apply, with any necessary changes, to an appellate proceeding that is a civil proceeding.
	(3)	In this rule:
applied civil rules means the following:
	rule 30 (Who may start and carry on a proceeding)
	rule 72 (Originating process—solicitor’s statement about filing)
	division 2.4.9 (People with a legal disability)
	part 2.9 (Preservation of rights and property)
	part 2.10 (Payment into court)
	part 2.16 (Judgment and other orders)
	part 2.17 (Costs)
	division 2.20.2 (Taking of accounts)
	division 2.20.3 (Making of inquiries)
	part 2.21 (Representation by solicitors)
	part 2.22 (Miscellaneous—ch 2).
Note	Ch 6 has provisions applying to all proceedings (see r 6000 (Application—ch 6)).

Part 5.2	Appeals from master or registrar
Note to pt 5.2
Appeals from non-interlocutory judgments of the master are to the Court of Appeal (see Supreme Court Act 1933, s 9 (2) (b)).  Appeals to the Court of Appeal are dealt with in pt 5.4.
5010	Definitions—pt 5.2
(SCR o 84 r 1)
In this part:
appeal means an appeal to the court from a decision of—
	(a)	for the Supreme Court—the master, or the registrar of the Supreme Court; and
	(b)	for the Magistrates Court—the registrar of the Magistrates Court.
decision means—
	(a)	for the master—an interlocutory judgment of the master; and
	(b)	for the registrar—an order to which rule 6256 (Appeals from registrar’s orders etc) applies.
Note	Order is defined in the dictionary (see also def made).
5011	Application—pt 5.2
(SCR o 84 r 2)
This part applies to an appeal to the court subject to any territory law applying to the appeal.
Note 1	A territory law includes these rules (see Legislation Act, s 98).
Note 2	Appeals may be made from decisions of the master or registrar mentioned in table 5011 to the court.
Table 5011	Master or registrar appealed from
column 1
item	column 2
master/registrar	column 3
court (constituted by)	column 4
law appealed under	
1	master, in relation to the master’s interlocutory judgments	Supreme Court (judge)	Supreme Court Act 1933, s 9 (2) (a)	
2	registrar of the Supreme Court 	Supreme Court (judge or master)	r 6256 (Appeals from registrar’s orders etc)	
3	registrar of the Magistrates Court 	Magistrates Court (magistrate)	r 6256 (Appeals from registrar’s orders etc)	

5012	Appeals from master or registrar—starting appeal
(SCR o 61 r 5 (1) (b), (c) and (e), o 61A r 5 (b) and (c))
An appeal may be started in the court by filing a notice of appeal in the court.
Note	See approved form 5.1 (Appeal from Master or Registrar—notice of appeal) AF2006-385.
5013	Appeals from master or registrar—requirements for notice of appeal
(SCR o 61 r 5 (1) (f) and o 61A r 5 (e); NSW r 45.21; Qld r 786 (1))
	(1)	A notice of appeal to the court must state—
	(a)	who made the decision appealed from; and
	(b)	the decision and the date of the decision; and
	(c)	whether the appeal is from all or part of the decision; and
	(d)	if the appeal is from part of the decision—the part appealed from; and
	(e)	whether the appellant will seek to put further evidence before the court; and
	(f)	the order sought.
	(2)	The notice of appeal need not set out grounds of appeal.
5014	Appeals from master or registrar—time for filing notice of appeal
(SCR o 61 r 4A and 5 (1) (a) and o 61A r 4A and 5 (a))
	(1)	A notice of appeal to the court from a decision of the master or registrar must be filed in the court—
	(a)	for an appeal from a decision of the master or registrar of the Supreme Court, other than a decision mentioned in paragraph (c)—not later than 5 days after the day the decision is made, or any further time the Supreme Court allows; or
	(b)	for an appeal from a decision of the registrar of the Magistrates Court—not later than 5 days after the day the decision is made, or any further time the Magistrates Court allows; or
	(c)	for an appeal from a decision of the master or registrar of the Supreme Court made under a rule in schedule 6 of these rules—not later than 28 days after the day the decision is made, direction given or act done, or any further time the Supreme Court allows.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for further time.
Note 2	An application for further time may be made before or after the time mentioned in r (1) (see Legislation Act, s 151C).
	(2)	An application for further time must be accompanied by an affidavit showing—
	(a)	the nature of the case in summary form; and
	(b)	each question involved; and
	(c)	the reasons why the extension of time should be given.
5015	Appeals from master or registrar—notice of appeal to be sealed
The registrar of the court in which an appeal is brought must seal the original and filed copies of a notice of appeal.
Note	The registrar may reject a notice of appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5016	Appeals from master or registrar—serving notice of appeal
(SCR o 61 r 5 (1) (b) and (e), o 61A r 5 (b) and o 84 r 10; MCA s 209 (2); MC(CJ)R s 389 (2); Qld r 752 and r 785)
	(1)	The appellant must serve a sealed copy of a notice of appeal on each respondent (if any) to the appeal not later than 3 days after the day the notice is filed.
	(2)	However, a notice of appeal from a decision refusing an application made without notice need not be served unless the court otherwise orders on its own initiative.
	(3)	The court may order that the notice of appeal be served on anyone else on application by a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5017	Appeals from master or registrar—stay and reinstatement
(SCR o 61 r 5 (2), o 61A r 10 and o 84 r 12; MCA s 216; NSW r 45.22 and r 46.7; Qld r 761 and r 785)
	(1)	An appeal to the court from a decision of the master or registrar (the judicial officer) in a civil proceeding does not operate as a stay of the decision appealed from unless a stay of the decision is ordered by the judicial officer or the court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.
	(2)	An application for a stay of the decision may be made by a party to the appeal.
	(3)	In an urgent case, the application may be made without serving it on anyone.
	(4)	If the application is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
	(5)	If the decision appealed from is stayed by the judicial officer or the court, the judicial officer or the court may make any order that the judicial officer or the court considers necessary or desirable to give effect to the stay.
	(6)	The court may, by order, amend or set aside an order for a stay (including an order made by the judicial officer).
	(7)	An application for an order of the court under subrule (1) may be made whether or not a similar application has been made to the judicial officer.
	(8)	If any step has been taken for the enforcement of a decision and the court amends or sets aside the decision on appeal under this part, the court may make the orders for reinstatement it considers appropriate.

Part 5.3	Appeals to Supreme Court
Note to pt 5.3
For appeals to Court of Appeal, see pt 5.4, for orders to review Magistrates Court decisions, see pt 5.5 and for reference appeals, see pt 5.6. 
Division 5.3.1	Appeals to Supreme Court—preliminary
5050	Definitions—pt 5.3
(SCR o 84 r 1 and r 1A)
In this part:
appeal means an appeal to the Supreme Court from an order of a court or tribunal, but does not include—
	(a)	an appeal to the Court of Appeal; or
Note	See pt 5.4 (Appeals to Court of Appeal).
	(b)	an order to review a decision of the Magistrates Court mentioned in the Magistrates Court Act 1930, section 219B (Appeals by way of orders to review); or
Note	See pt 5.5 (Orders to review Magistrates Court decisions).
	(c)	a reference appeal to the Supreme Court mentioned in the Magistrates Court Act 1930, section 219AB (2) (Reference appeal following acquittal on indictment); or
Note	See div 5.6.1 (Reference appeals—Supreme Court).
	(d)	a question referred to the Supreme Court to which division 5.7.1 (Questions referred—Supreme Court) applies.
court or tribunal means a court or tribunal from which an appeal may be made to the Supreme Court, but does not include the master or registrar.
order, of a court or tribunal, includes a decision, conviction, order, sentence or penalty mentioned in the Magistrates Court Act 1930, section 208 (Appeals to which div 3.10.2 applies).
Note	Order is defined in the dictionary (see also def made).
registrar, of a court or tribunal, means—
	(a)	for the Magistrates Court—the registrar of the Magistrates Court; or
	(b)	for a tribunal—the registrar or a deputy registrar of the tribunal or, if there is no registrar of the tribunal, the person in charge of the tribunal’s administration.
relevant law, in relation to an appeal, means the law under which the appeal is brought.
tribunal includes any entity (other than a court) from which an appeal may be made to the Supreme Court.
5051	Application—pt 5.3
(SCR o 84 r 2)
	(1)	This part applies to an appeal to the Supreme Court from an order of a court or tribunal.
	(2)	This part applies subject to any territory law applying to the appeal.
Note 1	A territory law includes these rules (see Legislation Act, s 98).
Note 2	Appeals may be made from the courts and tribunals mentioned in table 5051 to the Supreme Court.
Note 3	Certain jurisdiction of the Supreme Court under the Legal Profession Act 2006 must be exercised by a Full Court (see Supreme Court Act 1933, s 11).
Table 5051	Courts and tribunals that may be appealed from
column 1
item	column 2
court or tribunal	column 3
constitution of Supreme Court for appeal	column 4
law appealed under	
1	administrative appeals tribunal	judge or master	Administrative Appeals Tribunal Act 1989, s 46	
2	admissions board	Full Court or judge	Legal Profession Act 2006, s 25	
3	consumer and trader tribunal	judge or master	Consumer and Trader Tribunal Act 2003, s 51	
4	credit tribunal	judge or master	Consumer Credit (Administration) Act 1996, s 94	
5	disciplinary tribunal	Full Court or judge	Legal Profession Act 2006, s 437	
6	discrimination tribunal	judge or master	Discrimination Act 1991, s 108DB	
7	guardianship tribunal	judge or master	Guardianship and Management of Property Act 1991, s 56	
8	health professions tribunal	judge or master	Health Professionals Act 2004, s 67	
9	licensing body, bar council or relevant council	Full Court 	Legal Profession Act 2006, s 81	
10	licensing body or relevant council	judge	Legal Profession Act 2006, s 207, s 239 (5), s 249 (5), s 514 and s 589 (4)	
11	Magistrates Court	judge or master	Community and Health Services Complaints Act 1993, s 39G (1)
Consumer Credit (Administration) Act 1996, s 95
Health Records (Privacy and Access) Act 1997, s 32 (1)
Leases (Commercial and Retail) Act 2001, s 155
Magistrates Court Act 1930, s 274
Victims of Crime (Financial Assistance) Act 1983, s 61	
12	Magistrates Court	judge	Magistrates Court Act 1930, s 207 (1) (a)	
13	mental health tribunal	judge or master	Mental Health (Treatment and Care) Act 1994, s 141	
14	occupational health and safety review authority	judge or master	Occupational Health and Safety Act 1989, s 194	
15	residential tenancies tribunal	judge or master	Residential Tenancies Act 1997, s 125	
16	Small Claims Court 	judge or master	Magistrates Court Act 1930, s 275	

5052	Appeals to Supreme Court—general powers
(Qld r 766 (1))
	(1)	For an appeal to the Supreme Court, the court—
	(a)	has all the powers and duties of the court or tribunal that made the order appealed from; and
	(b)	may draw inferences of fact; and
	(c)	may, on special grounds, receive further evidence about questions of fact, either orally in court, by affidavit or in another way; and
	(d)	may make any of the following orders:
	(i)	an order confirming, amending or setting aside the order of the court or tribunal appealed from;
	(ii)	an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the court or tribunal in accordance with any direction the court considers appropriate; and
	(e)	may make any other order that it considers appropriate.
	(2)	If the Supreme Court orders that it will receive further evidence, and the evidence is to be given by an expert witness, the following rules apply, with necessary changes, to the appeal:
	division 2.12.1 (Expert evidence generally)
	division 2.12.2 (Multiple expert witnesses for same issue)
	rule 1242 (Supplementary expert reports)
	rule 1243 (Expert evidence to be covered by expert report)
	rule 1244 (Expert reports admissible as evidence of opinion etc)
	rule 1245 (Requiring attendance of expert for cross-examination etc)
	rule 1246 (Tender of expert report).
	(3)	Subrule (1) (c) is subject to rule 5193 (Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214).
5053	Appeals to Supreme Court—non-publication order
(SCR o 84 r 2A)
	(1)	This rule applies if—
	(a)	the court or tribunal appealed from made an order prohibiting the publication of a party’s name (the non-publication order); and
	(b)	the non-publication order has not been discharged by the court or tribunal or by the Supreme Court.
	(2)	For the appeal, the non-publication order remains in force as if it were an order of the Supreme Court, subject to any order of the Supreme Court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	In this rule:
party means a party to the proceeding in which the order appealed from was made.
5054	Appeals to Supreme Court—stay and reinstatement
(SCR o 84 r 12; MCA s 216; NSW r 45.22 and r 46.7; Qld r 761 and r 785)
	(1)	An appeal to the Supreme Court in a civil proceeding does not operate as a stay of the order of the court or tribunal appealed from unless—
	(a)	the relevant law or these rules otherwise provide; or
	(b)	in any other case—
	(i)	the court or tribunal, under another territory law, orders a stay of the order; or
	(ii)	the Supreme Court orders a stay of the order on application by a party to the appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a stay or an order under this rule.
	(2)	In an urgent case, an application to the Supreme Court for a stay may be made without serving it on anyone.
	(3)	If the application to the Supreme Court for a stay is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
	(4)	If the order appealed from is stayed by the Supreme Court, the court may make any order that it considers necessary or desirable to give effect to the stay.
Examples
1	If the order appealed from is the cancellation or suspension of a licence (however described), the Supreme Court may order that the cancellation or suspension not have effect until the appeal is decided.
2	If the order appealed from is the refusal to issue a licence (however described), the Supreme Court may order that the licence be issued pending the deciding of the appeal.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	If an appeal mentioned in the Magistrates Court Act 1930, section 207 (1) (a) (Jurisdiction of Supreme Court) has been properly started—
	(a)	the enforcement of the order appealed from is stayed until the appeal ends, is abandoned or discontinued; and
	(b)	if the appellant is in custody and is not detained for any other reason, the appellant—
	(i)	may be granted bail under the Bail Act 1992; or
	(ii)	may be remanded in custody on the order of the Supreme Court or Magistrates Court.
	(6)	The Supreme Court may, by order, amend or set aside—
	(a)	an order of the court or tribunal staying the order of the court or tribunal appealed from; or
	(b)	an order made by it under this rule.
	(7)	An application for an order of the Supreme Court for a stay may be made whether or not a similar application has been made to the court or tribunal.
	(8)	If any step has been taken for the enforcement of an order and the Supreme Court amends or sets aside the order on appeal under this part, the court may make the orders for reinstatement it considers appropriate.
5055	Appeals to Supreme Court—security for costs
(SCR o 84 r 11; NSW r 46.8; Qld rr 772-774 and r 785)
	(1)	Security for costs of an appeal is not required, unless the Supreme Court otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(2)	This rule does not limit division 2.17.8 (Security for costs).
Division 5.3.2	Appeals to Supreme Court—leave to appeal
5070	Application—div 5.3.2
(SCR o 86 r 2)
	(1)	This division applies if—
	(a)	a person wants to appeal to the Supreme Court from an order of a court or tribunal; and
	(b)	the relevant law requires the Supreme Court’s leave to appeal.
	(2)	The person must make an application for leave to appeal under this division.
Note	Leave to appeal is required for orders of the following courts and tribunals:
	the AAT
	the consumer and trader tribunal
	the credit tribunal
	the discrimination tribunal
	the guardianship tribunal (for an order of the guardianship tribunal on a question other than a question of law)
	the Magistrates Court (for appeals mentioned in the Magistrates Court Act 1930, s 274 (1) (Cases in which appeal may be brought))
	the residential tenancies tribunal
	the small claims court.
5071	Appeals to Supreme Court—application for leave to appeal
(SCR o 84 r 4 (2) and (3) and r 4 and o 86 r 3)
	(1)	The application for leave to appeal must comply with this division.
Note 1	See approved form 5.2 (Supreme Court—application for leave to appeal) AF2006-386.
Note 2	The application must be in accordance with pt 6.2 (Applications in proceedings) for matters not dealt with in this division.
	(2)	The application must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
	(3)	If the applicant is also applying for leave to appeal out of time under division 5.3.3 (Appeals to Supreme Court—leave to appeal out of time), the application for leave to appeal under this division and for leave to appeal out of time under division 5.3.3 may be made in a single application (supported by a single affidavit).
	(4)	If the applicant wants to present the applicant’s case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.
5072	Appeals to Supreme Court—time for filing application for leave to appeal
(SCR o 86 r 5; MC(CJ)R s 388)
The applicant for leave to appeal must file the application for leave to appeal, accompanying affidavit, and draft notice of appeal, in the Supreme Court not later than 28 days after the day the order appealed from is made, or not later than any further time allowed by the court.
Note 1	See r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for further time to apply for leave to appeal.
Note 3	An application for further time may be made before or after the time mentioned in this rule (see Legislation Act, s 151C).
5073	Appeals to Supreme Court—application for leave to appeal to be sealed
The registrar of the Supreme Court must seal the original and filed copies of an application for leave to appeal.
Note	The registrar may reject an application for leave to appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5074	Appeals to Supreme Court—serving application for leave to appeal
(SCR o 86 r 6)
	(1)	The applicant for leave to appeal must, not later than 3 days after the day the application is filed, serve the following on each person who was a party to, or given leave to intervene in, the proceeding in which the order appealed from was made (the original proceeding):
	(a)	a sealed copy of the application;
	(b)	a stamped copy of the accompanying affidavit;
	(c)	a stamped copy of the draft notice of appeal.
	(2)	The documents mentioned in subrule (1) must be served—
	(a)	personally; or
Note	See r 6405 (How document is personally served).  A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally).  Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
	(b)	if the person filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described)—on the person at the person’s address for service (however described) in the original proceeding.
	(3)	Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (2) (b).
Note	See in particular r 6420 (Ordinary service—address for service).
5075	Appeals to Supreme Court—notice of intention to respond to application for leave to appeal
(SCR o 86 r 7)
	(1)	A respondent to the application for leave to appeal must file in the Supreme Court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the application were an originating application; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
	(2)	To remove any doubt, if the application for leave to appeal is a single application mentioned in rule 5071 (3) (Appeals to Supreme Court—application for leave to appeal), the respondent need only file a single notice of intention to respond.
5076	Appeals to Supreme Court—time for filing etc respondent’s affidavits for leave to appeal
(SCR o 86 r 8)
If a respondent to the application for leave to appeal wants to present evidence, the respondent must file, and serve a stamped copy of, the respondent’s affidavits not later than 14 days after the day the application is served on the respondent.
Note	Rule 6351 (Time—extending and shortening by court order) provides for the extending or shortening of time by the court.
Division 5.3.3	Appeals to Supreme Court—leave to appeal out of time
5080	Meaning of out of time—div 5.3.3
(SCR o 86 r 9)
In this division:
out of time, for an appeal from an order of a court or tribunal, means later than the time provided under the relevant law or this part within which the appeal must be started (disregarding any further time allowed by the Supreme Court for starting the appeal).
5081	Application—div 5.3.3
(SCR o 86 r 10)
	(1)	This division applies if a person wants to appeal out of time to the Supreme Court from an order of a court or tribunal.
	(2)	The person must make an application for leave to appeal out of time under this division.
5082	Appeals to Supreme Court—application for leave to appeal out of time
(SCR o 86 r 11 and r 12)
	(1)	The application for leave to appeal out of time must comply with this division.
Note 1	See approved form 5.3 (Supreme Court—application for leave to appeal out of time) AF2006-387.
Note 2	The application must be in accordance with pt 6.2 (Applications in proceedings) for matters not dealt with in this division.
	(2)	The application must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
	(3)	If the applicant is also applying for leave to appeal under division 5.3.2 (Appeals to Supreme Court—leave to appeal), the application for leave to appeal out of time under this division and for leave to appeal under division 5.3.2 may be made in a single application (supported by a single affidavit).
	(4)	If the applicant wants to present the applicant’s case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.
5083	Appeals to Supreme Court—filing application for leave to appeal out of time
(SCR o 86 r 13)
The applicant for leave to appeal out of time must file the application for leave to appeal out of time, accompanying affidavit, and draft notice of appeal, in the Supreme Court.
Note	For when the application for leave to appeal out of time must be filed, see r 5103 (d) (Appeals to Supreme Court—time for filing notice of appeal).
5084	Appeals to Supreme Court—application for leave to appeal out of time to be sealed
The registrar of the Supreme Court must seal the original and filed copies of an application for leave to appeal out of time.
Note	The registrar may reject an application for leave to appeal out of time that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc).
5085	Appeals to Supreme Court—serving application for leave to appeal out of time
(SCR o 86 r 13)
	(1)	The applicant for leave to appeal out of time must, not later than 3 days after the day the application is filed, serve the following on each person who was a party to, or given leave to intervene in, the proceeding in which the order appealed from was made (the original proceeding):
	(a)	a sealed copy of the application;
	(b)	a stamped copy of the accompanying affidavit;
	(c)	a stamped copy of the draft notice of appeal.
	(2)	The documents mentioned in subrule (1) must be served—
	(a)	personally; or
Note	See r 6405 (How document is personally served).  A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally).  Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
	(b)	if the person filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described)—on the person at the person’s address for service (however described) in the original proceeding.
	(3)	Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (2) (b).
Note	See in particular r 6420 (Ordinary service—address for service).
5086	Appeals to Supreme Court—notice of intention to respond to application for leave to appeal out of time
(SCR o 86 r 14)
	(1)	A respondent to the application for leave to appeal out of time must file in the Supreme Court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the application were an originating application; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
	(2)	To remove any doubt, if the application for leave to appeal is a single application mentioned in rule 5082 (3) (Appeals to Supreme Court—application for leave to appeal out of time), the respondent need only file a single notice of intention to respond.
5087	Appeals to Supreme Court—time for filing etc respondent’s affidavits for leave to appeal out of time
(SCR o 86 r 15)
If a respondent to the application for leave to appeal out of time wants to present evidence, the respondent must file, and serve a stamped copy of, the respondent’s affidavits not later than 14 days after the day the application is served on the respondent.
Note	Rule 6351 (Time—extending and shortening by court order) provides for the extending or shortening of time by the court.
Division 5.3.4	Appeals to Supreme Court—procedure generally
5100	Appeals to Supreme Court—starting appeal
(SCR o 84 r 3; MC(CJ)R s 389 (1); Qld r 784 (1))
An appeal may be started in the Supreme Court by filing a notice of appeal in the Supreme Court.
Note	See approved form 5.4 (Supreme Court—notice of appeal) AF2006‑388.
5101	Appeals to Supreme Court—requirements for notice of appeal etc
(SCR o 84 r 4 and r 5 (1); NSW r 46.4 (a); Qld r 747, r 785 and r 786 (1) and (5))
	(1)	The notice of appeal to the Supreme Court must state—
	(a)	the court or tribunal’s name; and
	(b)	the order of the court or tribunal appealed from and the date of the order; and
	(c)	whether the appeal is from all or part of the order; and
	(d)	if the appeal is from part of the order—the part appealed from; and
	(e)	whether the appellant will seek to put further evidence before the court; and
	(f)	if further evidence is to be put before the court—briefly the nature of the evidence and what is sought to be proved; and
	(g)	briefly, but specifically, the grounds relied on in support of the appeal, including, in particular, any grounds on which it is claimed that there is an error of law in the order of the court or tribunal; and
	(h)	the order sought.
	(2)	If the appeal is brought by leave of the Supreme Court—
	(a)	the notice of appeal must state that the appeal is brought by leave; and
	(b)	a sealed copy of the order giving leave to appeal must be attached to the notice of appeal and every copy of the notice of appeal served under rule 5107 (Appeals to Supreme Court—serving notice of appeal).
	(3)	If the appellant wants to present the appellant’s case in writing under part 5.8 (Written cases), the notice of appeal must state that the appellant wants to do so.
	(4)	If there is a respondent to the appeal, the notice of appeal must include an instruction that before taking any other step in the proceeding the respondent must file in the Supreme Court a notice of intention to respond (unless the respondent filed a notice of intention to respond to an application for leave to appeal, or for leave to appeal out of time, in the proceeding, and the information provided in the notice has not changed).
	(5)	On the hearing of the appeal, the appellant must not, without the Supreme Court’s leave—
	(a)	raise any question that is not stated in the notice of appeal; or
	(b)	rely on any ground in support of the judgment sought that is not stated in the notice of appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
5102	Appeals to Supreme Court—parties to appeal
(SCR o 84 r 6; NSW r 46.5; Qld r 749, r 750 and r 785)
	(1)	A person must be included as a respondent to the appeal if the person—
	(a)	appeared or was given leave to appear before the court or tribunal in the proceeding in which the order appealed from was made (the original proceeding); and
	(b)	would be directly affected by the order sought by the notice of appeal, or is interested in maintaining the order appealed from.
	(2)	If the order appealed from is an order of a tribunal, the tribunal must be included as a respondent to the appeal.
	(3)	If an unincorporated organisation or association appeared or was given leave to appear before the court or tribunal in the original proceeding—
	(a)	a reference in subrule (1) to a person is a reference to someone acting (other than as a legal practitioner) for the organisation or association; and
	(b)	subrule (1) (b) is taken to require that the interests of the organisation or association, found out from its objects or purposes, would be directly affected by the order sought by the notice of appeal or by the maintenance of the order appealed from.
	(4)	The Supreme Court may order that—
	(a)	a person (whether or not a party to the original proceeding) be included or removed as a party to the appeal; or
	(b)	a person directly affected by the appeal be included or substituted as a party.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(5)	However, a person may be made an appellant only with the person’s consent.
	(6)	If the Supreme Court orders the inclusion or substitution of someone as a party to the appeal, it may adjourn the hearing of the appeal and make any order it considers appropriate about the conduct of the appeal.
5103	Appeals to Supreme Court—time for filing notice of appeal
(SCR o 84 r 7 and r 8; MCA s 209 (1); MC(CJ)R s 389 (1); NSW r 46.3; Qld r 748 and r 785)
The notice of appeal must be filed in the Supreme Court—
	(a)	not later than the time provided by the relevant law; or
	(b)	not later than any further time the Supreme Court allows; or
	(c)	if no time is provided by the relevant law and leave to appeal has been given—
	(i)	not later than 7 days after the day leave to appeal is given, or not later than any further time allowed by the Supreme Court on application filed in the court before the end of the 7-day period; or
	(ii)	if the Supreme Court sets a time for the filing when giving leave to appeal—not later than the time set, or not later than any further time allowed by the Supreme Court on application filed in the court before the end of the time set; or
Note	Pt 6.2 (Applications in proceedings) applies to an application for further time.
	(d)	if no time is provided by the relevant law and leave to appeal under division 5.3.2 (Appeals to Supreme Court—leave to appeal) is not necessary—not later than 28 days after the day the order appealed from was made, or not later than any further time the Supreme Court allows on application filed in the court before the end of the 28-day period.
Note	Div 5.3.3 (Appeals to Supreme Court—leave to appeal out of time) applies to an application for further time.
5104	Appeals to Supreme Court—notice of appeal to be sealed
The registrar of the Supreme Court must seal the original and filed copies of the notice of appeal.
Note	The registrar may reject a notice of appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5105	Appeals to Supreme Court—numbering etc of appeals
(SCR o 2 r 16 (2); Qld r 964)
	(1)	When the notice of appeal is sealed, the registrar of the Supreme Court must give a distinguishing number or other unique identifier to the appeal started by the notice.
	(2)	The registrar must ensure that the original and each copy sealed under rule 5104 is endorsed with—
	(a)	the distinguishing number or other unique identifier given to the appeal; and
	(b)	the date when the notice was filed in the court.
5106	Appeals to Supreme Court—date for settlement of appeal papers
(SCR o 84 r 9)
The registrar of the Supreme Court must set a date for settlement of the appeal papers by writing the date on the notice of appeal.
5107	Appeals to Supreme Court—serving notice of appeal
(SCR o 84 r 10; MCA s 209 (2); MC(CJ)R s 389 (2); NSW r 46.6; Qld r 752, r 784 (2) and r 785)
	(1)	The appellant must serve a sealed copy of the notice of appeal on each respondent.
	(2)	The notice of appeal must be served—
	(a)	personally; or
Note	See r 6405 (How document is personally served).  A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally).  Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
	(b)	if a respondent filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described)—on the respondent at the respondent’s address for service (however described) in the proceeding in which the order appealed from was made; or
	(c)	for an appeal mentioned in the Magistrates Court Act 1930, section 208 (1), other than section 208 (1) (a)—on the informant; or
	(d)	for an appeal mentioned in the Magistrates Court Act 1930, section 208 (1) (a)—on each person mentioned in the paragraph.
	(3)	The appellant must also serve a sealed copy of the notice of appeal on the registrar of the court or tribunal.
	(4)	On application by a party to the appeal or on its own initiative, the Supreme Court may order the appellant to serve the notice of appeal on anyone else.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(5)	The appellant must serve the notice of appeal under subrule (1) not later than 7 days after the day the notice is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders.
	(6)	If the Supreme Court makes an order under subrule (5), the registrar of the Supreme Court must make a note of the order on the notice of appeal.
	(7)	Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (2) (b).
Note	See in particular r 6420 (Ordinary service—address for service).
5108	Appeals to Supreme Court—notice of intention to respond
(SCR o 84 r 5; Qld r 786 (2) to (4))
	(1)	A respondent to the appeal must file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the notice of appeal were an originating claim; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
	(2)	However, this rule does not apply to a respondent if the respondent filed a notice of intention to respond under rule 5075 (Appeals to Supreme Court—notice of intention to respond to application for leave to appeal) or rule 5085 (Appeals to Supreme Court—notice of intention to respond to application for leave to appeal out of time) in the proceeding, and the information provided in the notice has not changed.
5109	Appeals to Supreme Court—respondent taken to be served by filing notice of intention to respond
(SCR o 2 r 18C; MC(CJ)R s 33)
	(1)	This rule applies to a respondent to the appeal if—
	(a)	the respondent is represented by a solicitor; and
	(b)	the respondent has not been served with the notice of appeal for the appeal, but files a notice of intention to respond (other than a conditional notice of intention to respond).
	(2)	The respondent is taken to have been served with the notice of appeal on the day the respondent files the notice of intention to respond.
5110	Appeals to Supreme Court—documents
(SCR o 84 r 13; NSW r 46.14; Qld r 784 (3))
	(1)	Not later than 14 days after the day the notice of appeal is served on the registrar of the court or tribunal appealed from, the registrar of the court or tribunal must—
	(a)	give the registrar of the Supreme Court and serve on each appellant—
	(i)	a copy of the order appealed from; and
	(ii)	if the court or tribunal gave written reasons for its order—a copy of the reasons, certified by the registrar of the court or tribunal; and
	(iii)	if there is no transcript of the proceeding in which the order appealed from was made—a copy of the notes (if any) of the proceeding, certified by the registrar of the court or tribunal; and
	(iv)	a list of the documents and any other exhibits that were before the court or tribunal, certified by the registrar of the court or tribunal; and
	(b)	give the registrar of the Supreme Court all documents and exhibits that were before the court or tribunal in relation to the proceeding in which the order appealed from was made.
	(2)	Not later than 14 days after the day the notice of appeal is filed in the Supreme Court, the appellant must, if there is a transcript of the proceeding in the court or tribunal, file in the Supreme Court a copy of the transcript of—
	(a)	the evidence in the proceeding in the court or tribunal; and
	(b)	the decision made by the court or tribunal.
	(3)	If the appeal is from an order of the AAT, the list mentioned in subrule (1) (a) (iv) must—
	(a)	state any documents that were the subject of an order under the Administrative Appeals Tribunal Act 1989, section 34 (3) (Hearings to be in public except in special circumstances); and
	(b)	state any documents for which a certificate of the Minister is in force under that Act, section 26 (7) (Person affected by decision may obtain reasons for decision); and
	(c)	state any documents for which a certificate is in force under that Act, section 35 (Certain documents and information not required to be disclosed and questions not required to be answered) and whether an order was made by the tribunal under that Act, section 35 (4) in relation to the document.
	(4)	If the appeal is from an order of the AAT and the AAT has not given written reasons for the order, the appellant must, if entitled to do so under the relevant law—
	(a)	obtain a statement of written reasons for the order; and
	(b)	give a copy of the statement to the registrar of the AAT, and file a copy of the statement in the Supreme Court, no later than 14 days after the day the appellant receives the statement.
5111	Appeals to Supreme Court—amending notice of appeal
(SCR o 84 r 15; Qld r 751 and r 785)
	(1)	Before the appeal papers are settled, the appellant may amend the notice of appeal without the Supreme Court’s leave.
	(2)	After the appeal papers are settled, the appellant may amend the notice of appeal only with the Supreme Court’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(3)	The provisions of part 2.7 (Amendment) mentioned in subrule (4) apply to an amendment of the notice of appeal as if—
	(a)	the notice of appeal were a pleading; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
	(4)	The provisions of part 2.7 applying to an amendment of the notice of appeal are the following:
	rule 502 (Amendment—of documents)
	rule 508 (Amendment—when leave to amend ceases to have effect)
	rule 509 (Amendment—procedure)
	rule 510 (Amendment—person required to make)
	rule 511 (Amendment—service of amended or revised document etc)
	for an appeal in a civil proceeding—rule 513 (Amendment—costs).
5112	Appeals to Supreme Court—cross-appeal
(SCR o 84 r 4 (6) and r 16; NSW r 46.10 and r 46.13 (3) (d); Qld r 754, r 755 and r 785)
	(1)	If a respondent wants to appeal from all or part of the order appealed from, or wants an amendment of the order, the respondent need not start a substantive appeal.
	(2)	However, the respondent must—
	(a)	file a notice of cross-appeal in the Supreme Court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Supreme Court; and
	(b)	serve a sealed copy of the notice of cross-appeal, not later than 7 days after the day the notice of cross-appeal is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders, on the following:
	(i)	each appellant and any other respondent;
	(ii)	any other party to the proceeding in which the order appealed from was made (the original proceeding) who would be directly affected by the order that the respondent seeks.
Note 1	See approved form 5.5 (Supreme Court—notice of cross-appeal) AF2006-389.
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for further time.
Note 3	For the use of a notice of contention instead of a notice of cross-appeal, see r 5115.
	(3)	If a party mentioned in subrule (2) (b) (ii) filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described), the notice of cross-appeal may be served on the party at the party’s address for service (however described) in the original proceeding.
	(4)	Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (3).
Note	See in particular r 6420 (Ordinary service—address for service).
	(5)	The notice of cross-appeal must state—
	(a)	whether the appeal is from all or part of the order or seeks an amendment of the order; and
	(b)	if the appeal is from part of the order or seeks an amendment of the order—the part the respondent cross-appeals from; and
	(c)	either—
	(i)	the order that the respondent seeks instead of the order cross-appealed; or
	(ii)	the amendment of the order that the respondent seeks; and
	(d)	whether the respondent will seek to put further evidence before the Supreme Court; and
	(e)	if further evidence is to be put before the Supreme Court—briefly the nature of the evidence and what is sought to be proved; and
	(f)	briefly, but specifically, the grounds relied on in support of the appeal, including, in particular, any grounds on which it is contended that there is an error of law in the order appealed from.
	(6)	On the hearing of a cross-appeal, the respondent bringing the cross‑appeal must not, without the Supreme Court’s leave—
	(a)	raise any question that is not stated in the notice of cross‑appeal; or
	(b)	rely on any ground in support of—
	(i)	the order sought that is not stated in the notice of cross‑appeal; or
	(ii)	the amendment of the order sought that is not stated in the notice of cross-appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
5113	Appeals to Supreme Court—application of certain rules to cross-appeals
(SCR o 86 r 31)
	(1)	The provisions mentioned in subrule (2) apply to a cross-appeal as if—
	(a)	a reference to an appeal were a reference to a cross-appeal; and
	(b)	a reference to the appellant were a reference to the respondent bringing the cross-appeal; and
	(c)	a reference to the respondent were a reference to the appellant (or an appellant) on whom the cross-appeal is served; and
	(d)	any other necessary changes were made.
	(2)	The provisions applying to a cross-appeal are as follows:
	rule 5054 (Appeals to Supreme Court—stay and reinstatement)
	rule 5055 (Appeals to Supreme Court—security for costs)
	rule 5102 (Appeals to Supreme Court—parties to appeal)
	rule 5104 (Appeals to Supreme Court—notice of appeal to be sealed)
	rule 5107 (2) to (5) (Appeals to Supreme Court—serving notice of appeal)
	rule 5111 (Appeals to Supreme Court—amending notice of appeal)
	division 5.3.6 (Appeals to Supreme Court—ending all or part of appeal).
5114	Appeals to Supreme Court—effect of failure to give notice of cross-appeal
(Qld r 756)
A failure to give a notice of cross-appeal does not affect the powers of the Supreme Court on the hearing of the appeal, but the court may adjourn the hearing of the appeal.
5115	Appeals to Supreme Court—notice of contention
(SCR o 84 r 17; NSW r 45.24 and r 46.11; Qld r 757 and r 785)
	(1)	A respondent need not file a notice of cross-appeal if the respondent—
	(a)	proposes to contend that a question of fact or law has been incorrectly decided against the respondent but does not seek to have the order appealed from set aside or the order amended; or
	(b)	wants to contend that the order appealed from should be confirmed on a ground other than the ground relied on by the court or tribunal that made the order.
	(2)	However, the respondent must—
	(a)	file a notice of contention in the Supreme Court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Supreme Court; and
Note 1	See approved form 5.6 (Supreme Court—notice of contention) AF2006-390.
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for further time.
	(b)	serve a stamped copy of the notice of contention, not later than 7 days after the day the notice of contention is filed, but no later than 5 days before the day for settling the appeal papers, unless the Supreme Court otherwise orders, on the following:
	(i)	each appellant and any other respondent;
	(ii)	any other party to the proceeding in which the order appealed from was made who would be directly affected by the order that the respondent seeks; and
	(c)	give notice to the appellant of the record of evidence or documents before the court or tribunal relevant to the respondent’s contention, for inclusion in the appellant’s draft index of the appeal papers; and
	(d)	when the appeal papers are being settled, ask the Supreme Court to include the record of evidence or documents in the appeal papers.
	(3)	If a party mentioned in subrule (2) (b) (ii) filed a notice of intention to respond or defence (however described) in the court or tribunal that made the order appealed from, or otherwise gave the court or tribunal an address for service (however described), the notice of contention may be served on the party at the party’s address for service (however described) in the proceeding in which the order appealed from was made.
	(4)	Part 6.8 (Service) applies to this rule as if a reference to an address for service were a reference to an address for service mentioned in subrule (3).
Note	See in particular r 6420 (Ordinary service—address for service).
	(5)	The notice of contention must state—
	(a)	the contention; and
	(b)	briefly, but specifically, the grounds relied on in support of the contention.
	(6)	On the hearing of a contention, the respondent making the contention must not, without the Supreme Court’s leave—
	(a)	raise any question that is not stated in the notice of contention; or
	(b)	rely on any ground in support of—
	(i)	the order sought that is not stated in the notice of contention; or
	(ii)	the amendment of the order sought that is not stated in the notice of contention.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
Division 5.3.5	Appeals to Supreme Court—appeal papers and hearing
5130	Appeals to Supreme Court—draft index of appeal papers
(SCR o 86 r 35)
	(1)	Before the date set for settling the appeal papers, the appellant must prepare and file a draft index of the appeal papers.
	(2)	The appellant must serve a copy of the draft index on each respondent not later than 3 days before the date set for settling the appeal papers.
5131	Appeals to Supreme Court—settlement of appeal papers
(SCR o 84 r 18; Qld r 789)
	(1)	When settling the appeal papers, the registrar of the Supreme Court may give directions about the conduct of the appeal that the registrar considers appropriate.
	(2)	Without limiting subrule (1), the registrar may do the following:
	(a)	work out what documents were before the court or tribunal;
	(b)	decide what documents are to be included in the appeal papers, and the order of inclusion;
	(c)	settle the index of the documents to be included in the appeal papers;
	(d)	decide the number of copies of the appeal papers required and when they should be served;
	(e)	direct the inclusion, substitution or removal of parties;
	(f)	get an estimate of the length of the hearing from the parties;
	(g)	direct the place, date and kind of hearing.
5132	Appeals to Supreme Court—content of appeal papers
(SCR o 84 r 19 (1) (a) to (c) and o 86 r 36)
	(1)	The title page of the appeal papers must give—
	(a)	the title of the proceeding; and
	(b)	the name of the court or tribunal appealed from; and
	(c)	the names of each party (and the party’s solicitor (if any)) and the party’s address for service.
	(2)	Following the title page of the appeal papers, there must be an index of the documents making up the appeal papers that shows the date and page number of each document.
	(3)	The documents must be arranged as directed under rule 5131 (2) (b) or, if no direction is given, in the following order:
	(a)	notice of appeal or, if amended, the amended notice of appeal;
	(b)	any notice of cross-appeal or notice of contention;
	(c)	if leave to appeal has been given—the order giving leave;
	(d)	the formal order of the court or tribunal from which the appeal is brought;
	(e)	reasons for the order of the court or tribunal;
	(f)	process and pleading;
	(g)	evidence, as follows:
	(i)	the transcript of any oral evidence;
	(ii)	affidavit evidence;
	(iii)	other exhibits that are documents (other than affidavits and documents exhibited or attached to each affidavit) arranged in the order in which they have been numbered as exhibits in the court or tribunal, and any list of the exhibits appearing in the transcript;
	(iv)	a list of exhibits that are not documents;
	(h)	the certificate under rule 5134 (1) (Appeals to Supreme Court—filing and serving appeal papers).
	(4)	The requirements of this rule are subject to any direction given by the Supreme Court on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction under this rule.
5133	Appeals to Supreme Court—presentation of appeal papers
(SCR o 84 r 19 (1) (d) and (e))
	(1)	The appeal papers must be—
	(a)	paginated; and
	(b)	clear, legible and securely fastened, but need not be bound or printed.
	(2)	The registrar must be satisfied about the presentation of the appeal papers.
	(3)	The requirements of this rule are subject to any direction given by the Supreme Court on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction under this rule.
5134	Appeals to Supreme Court—filing and serving appeal papers
(SCR o 84 r 19 (2) and (3))
	(1)	The appellant must file the appeal papers with a certificate, by the parties or their solicitors, stating that the papers have been examined and are correct.
Note	See approved form 5.7 (Supreme Court—certificate of examination of appeal papers) AF2006-391.
	(2)	The appellant must file the number of copies of the appeal papers, and serve stamped copies of them, as decided under rule 5131 (2) (d) (Appeals to Supreme Court—settlement of appeal papers).
5135	Appeals to Supreme Court—setting appeal for hearing
(SCR o 84 r 20)
	(1)	This rule applies if the registrar of the Supreme Court does not set a date for hearing when the appeal papers are settled under rule 5131 (Appeals to Supreme Court—settlement of appeal papers).
	(2)	The registrar may set a hearing date for the appeal when the registrar is satisfied that the appeal is ready for hearing.
	(3)	The registrar may set the date on application to the registrar by any party to the appeal or on the registrar’s own initiative.
	(4)	The registrar must tell the parties the hearing date set for the appeal.
5136	Appeals to Supreme Court—changing appeal hearing date
(SCR o 86 r 41)
	(1)	The Supreme Court may, at any time, order that the appeal be heard on a date other than the date set under rule 5131 (Appeals to Supreme Court—settlement of appeal papers) or rule 5135 (Appeals to Supreme Court—setting appeal for hearing).
	(2)	The Supreme Court may make an order under subrule (1) on the application of a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5137	Appeals to Supreme Court—written summary and list for appeal hearing
(SCR o 84 r 22)
	(1)	Each party to the appeal must prepare a written summary of arguments in accordance with rule 5138 (Appeals to Supreme Court—summaries of arguments) and a list of authorities, legislation and texts in accordance with rule 5139 (Appeals to Supreme Court—list of authorities, legislation and texts), unless the Supreme Court otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(2)	At least 5 days before the day set for the start of the hearing of the appeal, each appellant must—
	(a)	file in the Supreme Court the appellant’s summary and list, and serve a copy of each on each other party to the appeal; and
	(b)	file in the court a copy of each authority and item of legislation mentioned in the list.
	(3)	At least 2 days before the day set for the start of the hearing of the appeal, each respondent must—
	(a)	file in the Supreme Court the respondent’s summary and list, and serve a copy of each on each other party to the appeal; and
	(b)	file in the court a copy of each authority and item of legislation mentioned in the list.
	(4)	At least 1 day before the day set for the start of the hearing of the appeal, each appellant may file in the Supreme Court a written summary of arguments in reply, and serve a copy on each other party to the appeal.
5138	Appeals to Supreme Court—summaries of arguments
(SCR o 84 r 23)
	(1)	A party’s summary of arguments must state as briefly as possible—
	(a)	the issues in the appeal; and
	(b)	an outline of the argument expected to be made on each issue, mentioning the steps in the argument and any legislation, authority or finding of fact to be relied on for each step; and
	(c)	if there is to be a challenge to any of the findings of fact of the court or tribunal—
	(i)	the claimed error (including any failure to make a finding of fact); and
	(ii)	the reasons why the party considers the finding was an error; and
	(iii)	the finding that the party considers should have been made; and
	(d)	for an appellant—a chronology of the facts; and
	(e)	if a respondent disagrees with an appellant’s chronology of facts—the respondent’s chronology of facts that highlights where the respondent’s chronology differs from the appellant’s chronology.
	(2)	If the summary relies on a matter in another document, the summary must—
	(a)	for a document mentioned in rule 5139 (3) (a) to (c)—identify the document as mentioned in the paragraphs; and
	(b)	for other documents—if relevant, identify the page of the document relied on.
5139	Appeals to Supreme Court—list of authorities, legislation and texts
(SCR o 84 r 24)
	(1)	A party’s list of authorities, legislation and texts must list any authority, legislation or text that the party expects will be quoted from, or that may be referred to, by the party.
	(2)	A party’s list of authorities, legislation and texts may be divided into 2 parts (parts A and B) and list any authority, legislation or text—
	(a)	in part A—that the party expects will be quoted from by the party; and
	(b)	in part B—that may be referred to by the party.
	(3)	An authority, legislation or text must be identified as follows:
	(a)	for an authority—by case, citation and relevant part; 
	(b)	for legislation—by provision;
	(c)	for a text—by edition and page number.
5140	Appeals to Supreme Court—absence of party
(SCR o 86 r 47)
	(1)	If a party is not present when the appeal is called on for hearing, the Supreme Court may—
	(a)	order that the hearing not proceed unless a hearing date is again set for the appeal or the other steps directed by the court are taken; or
	(b)	adjourn the hearing; or 
	(c)	if the absent party is an appellant or cross-appellant—dismiss the appeal or cross-appeal; or
	(d)	proceed with the hearing, either generally or in relation to the order sought in the appeal; or
	(e)	for an appeal against a conviction or sentence mentioned in the Magistrates Court Act 1930, section 208 (Appeals to which div 3.10.2 applies), and the absent party is the appellant who is on bail and is not represented by a legal practitioner—make another order the court considers appropriate or issue a warrant for the appellant’s arrest.
	(2)	The Supreme Court may make an order, or do anything else, mentioned in subrule (1) on application by a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application under this rule.
	(3)	If the hearing proceeds in the absence of the party and an order is made, the Supreme Court may, on application by the party—
	(a)	amend or set aside the order; and
	(b)	give directions for the further conduct of the appeal.
5141	Appeals to Supreme Court—insufficient material
(Qld r 769)
If the Supreme Court considers that it has insufficient material before it to enable it to make a decision on the appeal, it may give all or any of the following directions:
	(a)	that the appeal be adjourned for further consideration;
	(b)	a direction about the issues to be decided that it considers appropriate;
	(c)	a direction about the accounts to be taken, or inquiries made, that it considers appropriate.
Division 5.3.6	Appeals to Supreme Court—ending all or part of appeal
Note to div 5.3.6
See also r 5140 (Appeals to Supreme Court—absence of party).
5170	Appeals to Supreme Court—abandonment of ground of appeal
(SCR o 84 r 25)
	(1)	This rule applies if an appellant wants to abandon a ground of appeal.
	(2)	The appellant must give notice to each other party to the appeal that the ground of appeal will not be relied on.
	(3)	The notice must be given—
	(a)	as soon as possible; but
	(b)	if the appeal is not to be decided by written cases under part 5.8 (Written cases)—within a reasonable time before the day set for the start of the hearing.
	(4)	The Supreme Court may make any order the court considers appropriate in an appeal in a civil proceeding in relation to costs incurred because of a failure by the appellant to comply with this rule.
5171	Appeals to Supreme Court—discontinuance of appeal
(SCR o 84 r 14)
	(1)	An appellant may discontinue the appeal or a part of the appeal—
	(a)	without the Supreme Court’s leave, at any time before the hearing of the appeal; or
	(b)	only with the Supreme Court’s leave, at the hearing or after the hearing and before judgment.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
	(2)	However, if the appeal is an appeal in a criminal proceeding from an order of the Magistrates Court by an appellant other than the director of public prosecutions, the appeal may be discontinued before the hearing of the appeal only with—
	(a)	the agreement of the director of public prosecutions; or
	(b)	the leave of the Supreme Court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
	(3)	Also, if the appeal is to be decided by written cases under part 5.8 (Written cases), an appellant may discontinue the appeal or a part of the appeal—
	(a)	without the Supreme Court’s leave, at any time before, or on, the last day that the appellant may file written submissions under rule 5856 (3) (Written cases—filing etc written case for appeal); or
	(b)	only with the Supreme Court’s leave, at any time after the last day mentioned in paragraph (a), but before judgment.
	(4)	The appellant may discontinue the appeal by filing a notice of discontinuance in the Supreme Court, and serving a stamped copy of the notice on each party to the appeal.
Note	See approved form 5.8 (Supreme Court—notice of discontinuance of appeal) AF2006-392.
	(5)	If the appeal or a part of the appeal is discontinued—
	(a)	the appeal or part of the appeal is abandoned by the appellant; and
	(b)	the discontinuance does not affect any other appellant in the appeal.
	(6)	If the appeal or part of the appeal is discontinued in a civil proceeding, the appellant must pay the costs of the other parties caused by the appeal or part of the appeal discontinued, unless the Supreme Court otherwise orders.
	(7)	The Supreme Court may make an order under subrule (6) on application by a party to the appeal or on its own initiative.
5172	Appeals to Supreme Court—competency of appeal
(SCR o 86 r 25)
	(1)	A respondent to the appeal may apply to the Supreme Court at any time for an order striking out the appeal as incompetent.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(2)	The burden of establishing the competency of the appeal is on the appellant.
5173	Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent
(SCR o 86 r 26)
	(1)	This rule applies if a respondent to the appeal does not make an application under rule 5172 (1) and the appeal is struck out by the Supreme Court as incompetent.
	(2)	The respondent must not receive any costs of the appeal, unless the Supreme Court otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	The Supreme Court may order that the respondent pay the appellant any costs of the appeal wasted because of the respondent’s failure to make an application under rule 5172 (1).
	(4)	The Supreme Court may make an order under this rule on application by a party to the appeal or on its own initiative.
5174	Appeals to Supreme Court—dismissal by consent
(Qld r 762)
	(1)	The parties to the appeal may agree that the appeal be dismissed by consent.
	(2)	Rule 1612 (Orders—by consent in proceeding) applies, with any necessary changes, to an order for the dismissal of the appeal by consent.
	(3)	Without limiting subrule (2), the order may provide that—
	(a)	an amount secured for the costs of the appeal be paid to a party stated in the order; or
	(b)	the appellant pay the respondent’s costs of the appeal to be assessed; or
	(c)	the appellant pay the respondent’s costs of the appeal agreed as a stated amount; or
	(d)	the appellant pay the respondent’s costs of the appeal, to be satisfied from an amount secured for the costs of the appeal with any balance to be paid to a stated party or the party’s solicitor; or
	(e)	there be no order for the costs of the appeal.
	(4)	Unless the Supreme Court otherwise orders in relation to an amount secured for the costs of the appeal, on the dismissal of the appeal, the registrar of the Supreme Court may pay the amount to the successful respondent.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(5)	The payment may be made to the solicitor on the record for the respondent.
5175	Appeals to Supreme Court—consent orders
(Qld r 764)
If the parties agree about the substantive orders the Supreme Court will be asked to make by consent, but do not agree about the order for costs, the appeal may be listed for hearing even though the appeal papers have not been settled.
Division 5.3.7	Appeals to Supreme Court—miscellaneous
5190	Appeals to Supreme Court—directions about appeal etc
(SCR o 86 r 89)
	(1)	At any time after the filing in the Supreme Court of a notice of appeal or application for leave to appeal (or leave to appeal out of time) under this part, the court may give directions in relation to the conduct of the appeal or application (including, for the application, the appeal if the leave is given), even though the direction may be inconsistent with another provision of these rules.
	(2)	A direction under this rule may be made on application by a party to the appeal or application or on the court’s own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for directions or to amend or revoke a direction.
	(3)	In deciding whether to give a direction under this rule, the interests of justice are paramount.
	(4)	If a direction under this rule is inconsistent with another provision of these rules, the direction prevails to the extent of the inconsistency.
	(5)	The court may at any time amend or revoke a direction made under this rule on application by a party or on its own initiative.
	(6)	The powers of the court under this rule are additional to any other powers of the court under a territory law.
Note	A territory law includes these rules (see Legislation Act, s 98).
5191	Appeals to Supreme Court—want of prosecution of appeal
(SCR o 86 r 90; Qld r 775)
	(1)	In this rule:
appeal means—
	(a)	an application for further time to apply for leave to appeal under this part; or
	(b)	an appeal or application for leave to appeal (or leave to appeal out of time) under this part.
appellant means—
	(a)	a person applying for further time to apply for leave to appeal under this part; or
	(b)	an applicant for leave to appeal (or leave to appeal out of time) under this part; or
	(c)	a person appealing under this part.
	(2)	This rule applies if an appellant—
	(a)	has not done anything required to be done under these rules during a period of 3 months after the day the requirement arises; or
	(b)	otherwise has not prosecuted the appellant’s appeal with appropriate effort during a period of 3 months after the day the last step in the proceeding was taken.
	(3)	The Supreme Court may—
	(a)	order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or
	(b)	on its own initiative, set a time for the doing of a thing required to be done in relation to the appeal and—
	(i)	at the same time order that, if the appellant does not do the thing within the time, the appeal will be dismissed for want of prosecution and the order appealed from confirmed; or
	(ii)	if the appellant does not do the thing within the time—order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or
	(c)	make any other order the Supreme Court considers just.
	(4)	A respondent may apply to the Supreme Court to require the appellant to show cause why the appeal should not be dismissed for want of prosecution.
Note	Pt 6.2 (Applications in proceedings) applies to an application under this subrule.
	(5)	On the hearing of the application, the Supreme Court may make an order mentioned in subrule (3).
	(6)	An order mentioned in subrule (3) (b) may be amended at any time before the appeal is dismissed for want of prosecution and, in special circumstances, may be amended or revoked after that time.
5192	Appeals to Supreme Court—matter happening in court or tribunal appealed from
(Qld r 768)
	(1)	In an appeal or application to the Supreme Court under this part, if a question arises about something that happened or may have happened in the court or tribunal that made the order appealed from (or sought to be appealed from), the Supreme Court may have regard to the material it considers appropriate.
	(2)	Without limiting subrule (1), the Supreme Court may—
	(a)	call for a report from the court or tribunal; and
	(b)	if the contents of the report have been made available to the parties to the appeal—act on the report.
5193	Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214
(SCR o 84 r 21)
	(1)	This rule applies to an application to the Supreme Court to receive evidence mentioned in the Magistrates Court Act 1930, section 214 (3) and (4) in an appeal mentioned in that section.
Note	Pt 6.2 (Applications in proceedings) applies to the application and an application for an order under this rule.
	(2)	The application must be supported by an affidavit stating—
	(a)	the grounds of the application; and
	(b)	any evidence necessary to establish the grounds of the application; and
	(c)	the evidence that the applicant wants the Supreme Court to receive.
	(3)	Not later than 21 days before the day set for the hearing of the appeal, the applicant must file the affidavit in the Supreme Court and serve a stamped copy on the other party to the appeal.
	(4)	Unless the Supreme Court otherwise orders, the evidence of the other party to the appeal must be given by affidavit.
	(5)	Not later than 14 days before the day set for the hearing of the appeal, the other party to the appeal must file the affidavit in the Supreme Court and serve a stamped copy on the applicant.
5194	Appeals to Supreme Court—keeping exhibits
(SCR o 86 r 32)
	(1)	This rule applies in relation to an appeal or application to the Supreme Court under this part.
	(2)	Unless the Supreme Court otherwise orders, the registrar of the Supreme Court must keep the exhibits in the proceeding until 28 days after the day the appeal is disposed of.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(3)	However, the register may permit a document or thing to be removed from the registry in accordance with rule 6767 (Power to allow removal of documents and things).

Part 5.4	Appeals to Court of Appeal
Division 5.4.1	Appeals to Court of Appeal—preliminary
5300	Meaning of court—pt 5.4
(SCR o 86 r 1; Qld r 745)
	(1)	In this part, the court is the Supreme Court otherwise than when it is the Court of Appeal.
	(2)	Also, the court includes the master, except in relation to interlocutory judgments of the master.
	(3)	However, the court does not include—
	(a)	a Full Court of the Supreme Court exercising appellate jurisdiction; or
	(b)	the registrar.
5301	Appeals to Court of Appeal—stay and reinstatement
(SCR o 86 r 24; Qld r 761)
	(1)	An appeal to the Court of Appeal in a civil proceeding does not operate as a stay of the order appealed from unless—
	(a)	a territory law provides otherwise; or
Note	A territory law includes these rules (see Legislation Act, s 98).
	(b)	the Court of Appeal or the court otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.
	(2)	In an urgent case, an application to the Court of Appeal or the court for a stay may be made without serving it on anyone.
	(3)	If the application to the Court of Appeal or the court for a stay is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
	(4)	If the order appealed from is stayed by the Court of Appeal or the court, the Court of Appeal or the court may make any order that it considers necessary or desirable to give effect to the stay.
	(5)	The Court of Appeal may, by order, amend or set aside an order made by the court or it under this rule.
	(6)	The court may, by order, amend or set aside an order made by it under this rule.
	(7)	An application for an order of the Court of Appeal for a stay may be made whether or not a similar application has been made to the court.
	(8)	If any step has been taken for the enforcement of an order and the Court of Appeal amends or sets aside the order on appeal under this part, the Court of Appeal may make the orders for reinstatement it considers appropriate.
5302	Appeals to Court of Appeal—security for costs
(SCR o 86 r 28; Qld rr 772-774)
	(1)	Security for costs of an appeal is not required, unless the Court of Appeal otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(2)	This rule does not limit division 2.17.8 (Security for costs).

Division 5.4.2	Appeals to Court of Appeal—leave to appeal from interlocutory judgments
5310	Application—div 5.4.2
(SCR o 86 r 2)
	(1)	This division applies if a person wants to appeal to the Court of Appeal from an interlocutory judgment of the court constituted by a single judge.
Note	Pt 5.2 deals with appeals from interlocutory judgments of the master and appeals from all orders of the registrar of the Supreme Court.
	(2)	The person must make an application for leave to appeal under this division.
5311	Appeals to Court of Appeal—application for leave to appeal
(SCR o 86 r 3 and r 4)
	(1)	The application for leave to appeal must comply with this division.
Note 1	See approved form 5.9 (Court of appeal—application for leave to appeal from interlocutory judgment) AF2006-393.
Note 2	The application must be in accordance with pt 6.2 (Applications in proceedings) for matters not dealt with in this division.
	(2)	The application must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
	(3)	If the applicant wants to present the applicant’s case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.
5312	Appeals to Court of Appeal—time for filing application for leave to appeal
(SCR o 86 r 5)
The applicant for leave to appeal must file the application for leave to appeal, accompanying affidavit, and draft notice of appeal, in the court not later than 7 days after the day the interlocutory judgment is given, or not later than any further time allowed by the Court of Appeal or the judge who gave the interlocutory judgment.
Note 1	See r 5405 (Appeals to Court of Appeal—time for filing notice of appeal).
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for further time to apply for leave to appeal.
Note 3	An application for further time may be made before or after the time mentioned in this rule (see Legislation Act, s 151C).
5313	Appeals to Court of Appeal—application for leave to appeal to be sealed
The registrar must seal the original and filed copies of an application for leave to appeal.
Note	The registrar may reject an application for leave to appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5314	Appeals to Court of Appeal—serving application for leave to appeal
(SCR o 86 r 6)
	(1)	The applicant for leave to appeal must, not later than 3 days after the day the application is filed, serve the following on each person who was a party to, or given leave to intervene in, the proceeding in which the order appealed from was made:
	(a)	a sealed copy of the application;
	(b)	a stamped copy of the accompanying affidavit;
	(c)	a stamped copy of the draft notice of appeal.
	(2)	The documents mentioned in subrule (1) must be served—
	(a)	personally; or
Note	See r 6405 (How document is personally served).  A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally).  Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
	(b)	on the person at the person’s address for service in the proceeding in which the interlocutory judgment appealed from was given.
Note 1	Address for service is defined in the dictionary.
Note 2	See r 6420 (Ordinary service—address for service).
5315	Appeals to Court of Appeal—notice of intention to respond to application for leave to appeal
(SCR o 86 r 7)
A respondent to the application for leave to appeal must file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the application were an originating application; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
5316	Appeals to Court of Appeal—time for filing etc respondent’s affidavits for leave to appeal
(SCR o 86 r 8)
If a respondent to the application for leave to appeal wants to present evidence, the respondent must file, and serve a stamped copy of, the respondent’s affidavits not later than 14 days after the day the application is served on the respondent.
Note	Rule 6351 (Time—extending and shortening by court order) provides for the extending or shortening of time by the court.

Division 5.4.3	Appeals to Court of Appeal—leave to appeal out of time from final judgments
5330	Definitions—div 5.4.3
(SCR o 86 r 9)
In this division:
final judgment, of the court, means a judgment of the court that is not an interlocutory judgment, but does not include a conviction or sentence.
Note	Conviction and sentence are defined in r 5000 (Definitions—ch 5).
out of time, for a final judgment of the court, means more than 28 days after the day the judgment was given by the court.
5331	Application—div 5.4.3
(SCR o 86 r 10)
	(1)	This division applies if a person wants to appeal out of time to the Court of Appeal from a final judgment of the court.
Note	For leave to appeal out of time from a conviction or sentence, see sdiv 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person) and sdiv 5.4.7.3 (Appeals to Court of Appeal—leave to appeal out of time by DPP).
	(2)	The person must make an application for leave to appeal out of time under this division.
5332	Appeals to Court of Appeal—application for leave to appeal out of time
(SCR o 86 r 11 and r 12)
	(1)	The application for leave to appeal out of time must comply with this division.
Note 1	See approved form 5.10 (Court of Appeal—application for leave to appeal out of time from final judgment) AF2006-394.
Note 2	The application must be in accordance with pt 6.2 (Applications in proceedings) for matters not dealt with in this division.
	(2)	The application must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
	(3)	If the applicant wants to present the applicant’s case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.
5333	Appeals to Court of Appeal—filing application for leave to appeal out of time
(SCR o 86 r 13)
The applicant for leave to appeal out of time must file the application for leave to appeal out of time, accompanying affidavit, and draft notice of appeal, in the court.
Note	For when the application for leave to appeal out of time must be filed, see r 5405 (1) (b) (Appeals to Court of Appeal—time for filing notice of appeal).
5334	Appeals to Court of Appeal—application for leave to appeal out of time to be sealed
The registrar must seal the original and filed copies of an application for leave to appeal out of time.
Note	The registrar may reject an application for leave to appeal out of time that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5335	Appeals to Court of Appeal—serving application for leave to appeal out of time
(SCR o 86 r 13)
	(1)	The applicant for leave to appeal out of time must, not later than 3 days after the day the application is filed, serve the following on each person who was a party to, or given leave to intervene in, the proceeding in which the final judgment appealed from was given:
	(a)	a sealed copy of the application;
	(b)	a stamped copy of the accompanying affidavit;
	(c)	a stamped copy of the draft notice of appeal.
	(2)	The documents mentioned in subrule (1) must be served—
	(a)	personally; or
Note	See r 6405 (How document is personally served).  A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally).  Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
	(b)	on the person at the person’s address for service in the proceeding in which the final judgment appealed from was given.
Note 1	Address for service is defined in the dictionary.
Note 2	See r 6420 (Ordinary service—address for service).
5336	Appeals to Court of Appeal—notice of intention to respond to application for leave to appeal out of time
(SCR o 86 r 14)
A respondent to the application for leave to appeal out of time must file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the application were an originating application; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
5337	Appeals to Court of Appeal—time for filing etc respondent’s affidavits for leave to appeal out of time
(SCR o 86 r 15)
If a respondent to the application for leave to appeal out of time wants to present evidence, the respondent must file, and serve a stamped copy of, the respondent’s affidavits not later than 14 days after the day the application is served on the respondent.
Note	Rule 6351 (Time—extending and shortening by court order) provides for the extending or shortening of time by the court.
Division 5.4.4	Appeals to Court of Appeal—procedure generally
Note to div 5.4.4
See also sdiv 5.4.7.4 (Appeals to Court of Appeal—convictions and sentences generally).
5400	Definitions—divs 5.4.4 to 5.4.6
(SCR o 86 r 16; Qld r 744)
	(1)	In this division, division 5.4.5 (Appeals to Court of Appeal—appeal papers and hearing) and division 5.4.6 (Appeals to Court of Appeal—ending all or part of appeal):
appeal means an appeal from an order of the court.
order includes—
	(a)	a conviction of the court; or
	(b)	a sentence of the court.
Note 1	Order is defined in the dictionary.
Note 2	Conviction and sentence are defined in r 5000 (Definitions—ch 5).
	(2)	However, an appeal does not include—
	(a)	a case stated or question reserved by the court about any matter in relation to which an appeal may be brought to the Court of Appeal; or
Note	See div 5.7.2 (Questions referred—Court of Appeal).
	(b)	an appeal under the Supreme Court Act 1933, section 37S (Reference appeal following acquittal on indictment).
Note	See div 5.6.2 (Reference appeals—Court of Appeal).
5401	Application—divs 5.4.4 to 5.4.6
(SCR o 84 r 2)
	(1)	This division, division 5.4.5 and division 5.4.6 apply to an appeal to the Court of Appeal.
	(2)	The divisions apply subject to any territory law applying to the appeal.
Note	A territory law includes these rules (see Legislation Act, s 98).
5402	Appeals to Court of Appeal—starting appeal
(SCR o 86 r 18; Qld r 746)
An appeal may be started in the Court of Appeal by filing a notice of appeal in the court.
Note	See approved form 5.11 (Court of Appeal—notice of appeal) AF2006‑395.
5403	Appeals to Court of Appeal—requirements for notice of appeal etc
(SCR o 86 r 19; Qld r 747)
	(1)	The notice of appeal to the Court of Appeal must state—
	(a)	the order appealed from and the date of the order; and
	(b)	whether the appeal is from all or part of the order; and
	(c)	if the appeal is from part of the order—the part appealed from; and
	(d)	whether the appellant will seek to put further evidence before the court; and
	(e)	if further evidence is to be put before the court—briefly the nature of the evidence and what is sought to be proved; and
	(f)	briefly, but specifically, the grounds relied on in support of the appeal, including, in particular, any grounds on which it is claimed that there is an error of law in the order; and
	(g)	the order sought.
	(2)	If the appeal is brought by leave of the Court of Appeal—
	(a)	the notice of appeal must state that the appeal is brought by leave; and
	(b)	a sealed copy of the order giving leave to appeal must be attached to the notice of appeal and every copy of the notice of appeal served under rule 5409 (Appeals to Court of Appeal—serving notice of appeal).
	(3)	If the appellant wants to present the appellant’s case in writing under part 5.8 (Written cases), the notice of appeal must state that the appellant wants to do so.
	(4)	If there is a respondent to the appeal, the notice of appeal must include an instruction that before taking any other step in the proceeding the respondent must file in the court a notice of intention to respond (unless the respondent filed a notice of intention to respond to an application for leave to appeal from an interlocutory judgment, or for leave to appeal out of time from a final judgment, in the proceeding, and the information provided in the notice has not changed).
	(5)	On the hearing of the appeal, the appellant must not, without the Court of Appeal’s leave—
	(a)	raise any question that is not stated in the notice of appeal; or
	(b)	rely on any ground in support of the order sought that is not stated in the notice of appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
5404	Appeals to Court of Appeal—parties to appeal
(SCR o 86 r 20; Qld r 749 and r 750)
	(1)	Each party to the proceeding in which the order appealed from was made (the original proceeding) must be joined as an appellant or respondent to the appeal if the party is directly affected by the order sought by the notice of appeal or is interested in maintaining the order appealed from.
	(2)	The Court of Appeal may order that—
	(a)	a person (whether or not a party to the original proceeding) be included or removed as a party to the appeal; or
	(b)	a person directly affected by the appeal be included or substituted as a party.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	However, a person may be made an appellant only with the person’s consent.
	(4)	If the Court of Appeal orders the inclusion or substitution of someone as a party to the appeal, it may adjourn the hearing of the appeal and make any order it considers appropriate about the conduct of the appeal.
5405	Appeals to Court of Appeal—time for filing notice of appeal
(SCR o 86 r 22; Qld r 748)
	(1)	The notice of appeal must be filed in the court—
	(a)	if leave to appeal has been given—
	(i)	not later than 7 days after the day leave to appeal is given, or not later than any further time allowed by the Court of Appeal on application filed in the court before the end of the 7-day period; or
	(ii)	if the Court of Appeal sets a time for the filing when giving leave to appeal—not later than the time set, or not later than any further time allowed by the Court of Appeal on application filed in the court before the end of the time set; or
Note	Pt 6.2 (Applications in proceedings) applies to an application for further time.
	(b)	in any other case—not later than 28 days after the day the order appealed from was made, or not later than any further time the Supreme Court allows on application filed in the court before the end of the 28-day period.
Note 	Div 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from final judgments) applies to an application for further time.
	(2)	However, the Court of Appeal may, at any time and for special reasons, give leave to file a notice of appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
5406	Appeals to Court of Appeal—notice of appeal to be sealed
The registrar must seal the original and filed copies of the notice of appeal.
Note	The registrar may reject a notice of appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5407	Appeals to Court of Appeal——numbering etc of appeals
(SCR o 2 r 16 (2); Qld r 964)
	(1)	When the notice of appeal is sealed, the registrar must give a distinguishing number or other unique identifier to the appeal started by the notice.
	(2)	The registrar must ensure that the original and each copy sealed under rule 5406 is endorsed with—
	(a)	the distinguishing number or other unique identifier given to the appeal; and
	(b)	the date when the notice was filed in the court.
5408	Appeals to Court of Appeal—date for settlement of appeal papers
(SCR o 86 r 33; Qld r 753)
The registrar must set a date for settlement of the appeal papers by writing the date on the notice of appeal.
5409	Appeals to Court of Appeal—serving notice of appeal
(SCR o 86 r 23; Qld r 752)
	(1)	The appellant must serve a sealed copy of the notice of appeal on each respondent.
	(2)	The notice of appeal must be served—
	(a)	personally; or
Note	See r 6405 (How document is personally served).  A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally).  Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).
	(b)	on a respondent at the respondent’s address for service in the proceeding in which the order appealed from was made.
Note 1	Address for service is defined in the dictionary.
Note 2	See r 6420 (Ordinary service—address for service).
	(2)	However, if the appeal is from an order refusing an application made without notice, the notice of appeal need not be served on anyone unless the Court of Appeal otherwise orders on application by an interested person or on its own initiative.
	(3)	On application by a party to the appeal or on its own initiative, the Court of Appeal may order the appellant to serve the notice of appeal on anyone else.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(4)	The appellant must serve the notice of appeal under subrule (1) not later than 7 days after the day the notice is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders.
	(5)	If the Court of Appeal makes an order under subrule (4), the registrar must make a note of the order on the notice of appeal.
5410	Appeals to Court of Appeal—notice of intention to respond
(SCR o 86 r 21; Qld r 786 (2) to (4))
	(1)	A respondent to the appeal must file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the notice of appeal were an originating application; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
	(2)	However, this rule does not apply to a respondent if the respondent filed a notice of intention to respond under rule 5315 (Appeals to Court of Appeal—notice of intention to respond to application for leave to appeal) or rule 5335 (Appeals to Court of Appeal—notice of intention to respond to application for leave to appeal out of time) in the proceeding, and the information provided in the notice has not changed.
5411	Appeals to Court of Appeal—respondent taken to be served by filing notice of intention to respond
(SCR o 2 r 18C; MC(CJ)R s 33)
	(1)	This rule applies to a respondent to the appeal if—
	(a)	the respondent is represented by a solicitor; and
	(b)	the respondent has not been served with the notice of appeal for the appeal, but files a notice of intention to respond (other than a conditional notice of intention to respond).
	(2)	The respondent is taken to have been served with the notice of appeal on the day the respondent files the notice of intention to respond.
5412	Appeals to Court of Appeal—amending notice of appeal
(SCR o 86 r 29; Qld r 751)
	(1)	Before the appeal papers are settled, the appellant may amend the notice of appeal without the Court of Appeal’s leave.
	(2)	After the appeal papers are settled, the appellant may amend the notice of appeal only with the Court of Appeal’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(3)	The provisions of part 2.7 (Amendment) mentioned in subrule (4) apply to an amendment of the notice of appeal as if—
	(a)	the notice of appeal were a pleading; and
	(b)	the respondent were a defendant; and
	(c)	the appellant were the plaintiff; and
	(d)	any other necessary changes were made.
	(4)	The provisions of part 2.7 applying to an amendment of the notice of appeal are the following:
	rule 502 (Amendment—of documents)
	rule 508 (Amendment—when leave to amend ceases to have effect)
	rule 509 (Amendment—procedure)
	rule 510 (Amendment—person required to make)
	rule 511 (Amendment—service of amended or revised document etc)
	for an appeal in a civil proceeding—rule 513 (Amendment—costs).
5413	Appeals to Court of Appeal—cross-appeal
(SCR o 86 r 30; Qld r 754 and r 755)
	(1)	If a respondent wants to appeal from all or part of the order appealed from, or wants an amendment of the order, the respondent need not start a substantive appeal.
	(2)	However, the respondent must—
	(a)	file a notice of cross-appeal in the court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Court of Appeal; and
	(b)	serve a sealed copy of the notice of cross-appeal, not later than 7 days after the day the notice of cross-appeal is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders, on the following:
	(i)	each appellant and any other respondent;
	(ii)	any other party to the proceeding in which the order appealed from was made who would be directly affected by the order that the respondent seeks.
Note 1	See approved form 5.12 (Court of Appeal—notice of cross-appeal) AF2006-396.
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for further time.
Note 3	For the use of a notice of contention instead of a notice of cross-appeal, see r 5416.
	(3)	The notice of cross-appeal must state—
	(a)	whether the appeal is from all or part of the order or seeks an amendment of the order; and
	(b)	if the appeal is from part of the order or seeks an amendment of the order—the part the respondent cross-appeals from; and
	(c)	either—
	(i)	the order that the respondent seeks instead of the order cross-appealed; or
	(ii)	the amendment of the order that the respondent seeks; and
	(d)	whether the respondent will seek to put further evidence before the Court of Appeal; and
	(e)	if further evidence is to be put before the Court of Appeal—briefly the nature of the evidence and what is sought to be proved; and
	(f)	briefly, but specifically, the grounds relied on in support of the appeal, including, in particular, any grounds on which it is contended that there is an error of law in the order appealed from.
	(4)	On the hearing of a cross-appeal, the respondent bringing the cross‑appeal must not, without the Court of Appeal’s leave—
	(a)	raise any question that is not stated in the notice of cross‑appeal; or
	(b)	rely on any ground in support of—
	(i)	the order sought that is not stated in the notice of cross‑appeal; or
	(ii)	the amendment of the order sought that is not stated in the notice of cross-appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
5414	Appeals to Court of Appeal—application of certain rules to cross-appeals
(SCR o 86 r 31)
	(1)	The provisions mentioned in subrule (2) apply to a cross-appeal as if—
	(a)	a reference to an appeal were a reference to a cross-appeal; and
	(b)	a reference to the appellant were a reference to the respondent bringing the cross-appeal; and
	(c)	a reference to the respondent were a reference to the appellant (or an appellant) on whom the cross-appeal is served; and
	(d)	any other necessary changes were made.
	(2)	The provisions applying to a cross-appeal are as follows:
	rule 5301 (Appeals to Court of Appeal—stay and reinstatement)
	rule 5302 (Appeals to Court of Appeal—security for costs)
	rule 5404 (Appeals to Court of Appeal—parties to appeal)
	rule 5406 (Appeals to Court of Appeal—notice of appeal to be sealed)
	rule 5409 (2) to (5) (Appeals to Court of Appeal—serving notice of appeal)
	rule 5412 (Appeals to Court of Appeal—amending notice of appeal)
	division 5.4.6 (Appeals to Court of Appeal—ending all or part of appeal).
5415	Appeals to Court of Appeal—effect of failure to give notice of cross-appeal
(Qld r 756)
A failure to give a notice of cross-appeal does not affect the powers of the Court of Appeal on the hearing of the appeal, but the court may adjourn the hearing of the appeal.
5416	Appeals to Court of Appeal—notice of contention
(SCR o 86 r 30; Qld r 757)
	(1)	A respondent need not file a notice of cross-appeal if the respondent—
	(a)	proposes to contend that a question of fact or law has been incorrectly decided against the respondent but does not seek to have the order appealed from set aside or the order amended; or
	(b)	wants to contend that the order appealed from should be confirmed on a ground other than the ground relied on by the court.
	(2)	However, the respondent must—
	(a)	file a notice of contention in the court not later than 28 days after the day the notice of appeal is served on the respondent, or not later than any further time allowed by the Court of Appeal; and
Note 1	See approved form 5.13 (Court of Appeal—notice of contention) AF2006-397.
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for further time.
	(b)	serve a stamped copy of the notice of contention, not later than 7 days after the day the notice of contention is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders, on the following:
	(i)	each appellant and any other respondent;
	(ii)	any other party to the proceeding in which the order appealed from was made who would be directly affected by the order that the respondent seeks; and
	(c)	give notice to the appellant of the record of evidence or documents before the court relevant to the respondent’s contention, for inclusion in the appellant’s draft index of the appeal papers; and
	(d)	when the appeal papers are being settled, ask the Court of Appeal to include the record of evidence or documents in the appeal papers.
	(3)	The notice of contention must state—
	(a)	the contention; and
	(b)	briefly, but specifically, the grounds relied on in support of the contention.
	(4)	On the hearing of a contention, the respondent making the contention must not, without the Court of Appeal’s leave—
	(a)	raise any question that is not stated in the notice of contention; or
	(b)	rely on any ground in support of—
	(i)	the order sought that is not stated in the notice of contention; or
	(ii)	the amendment of the order sought that is not stated in the notice of contention.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
Division 5.4.5	Appeals to Court of Appeal—appeal papers and hearing
Note to div 5.4.5
Appeal and order are defined for this div in r 5400.
5430	Appeals to Court of Appeal—filing of things before settlement of appeal papers
(SCR o 86 r 34 and PD 4/04)
	(1)	Before the date set for settling the appeal papers, the appellant must get and file—
	(a)	the reasons for the order or the summing up of the judicial officer of the court who gave the order appealed from, certified by the judicial officer’s associate; and
	(b)	a copy of the transcript of the proceeding in which the order was made, corrected in accordance with subrules (2) and (3) and, if corrected, certified by the registrar; and
	(c)	a 1-paragraph (about 250 words) summary (the case summary) of—
	(i)	the proceeding in which the order appealed from was made; and
	(ii)	the order appealed from; and
	(iii)	the grounds relied on in support of the appeal.
	(2)	If the appellant gets a copy of the transcript of the proceeding, the appellant must—
	(a)	correct any errors in it; and
	(b)	give a list of the corrections to each respondent; and
	(c)	give each respondent a reasonable time to examine the transcript and corrections.
	(3)	If the parties disagree on the accuracy of any part of the transcript, or cannot agree on a correction, the disagreement must be submitted to the judicial officer of the court who gave the order appealed from, or to the registrar, for directions.
	(4)	The appellant must serve a copy of the case summary on each respondent not later than 3 days before the date set for settling the appeal papers.
5431	Appeals to Court of Appeal—draft index of appeal papers
(SCR o 86 r 35)
	(1)	Before the date set for settling the appeal papers, the appellant must prepare and file a draft index of the appeal papers.
	(2)	The appellant must serve a copy of the draft index on each respondent not later than 3 days before the date set for settling the appeal papers.
5432	Appeals to Court of Appeal—settlement of appeal papers
(SCR o 86 r 37; Qld r 760)
	(1)	When settling the appeal papers, the Court of Appeal may give directions about the conduct of the appeal that the court considers appropriate.
	(2)	Without limiting subrule (1), the Court of Appeal may do the following:
	(a)	work out what documents were before the judicial officer of the court who gave the order appealed from;
	(b)	decide what documents are to be included in the appeal papers, and the order of inclusion;
	(c)	settle the index of the documents to be included in the appeal papers;
	(d)	decide the number of copies of the appeal papers required and when they should be served;
	(e)	direct the inclusion, substitution or removal of parties;
	(f)	get an estimate of the length of the hearing from the parties;
	(g)	direct the place, date and kind of hearing.
5433	Appeals to Court of Appeal—content of appeal papers
(SCR o 86 r 36; Qld r 758)
	(1)	The title page of the appeal papers must give—
	(a)	the title of the proceeding; and 
	(b)	the names of each party (and the party’s solicitor (if any)) and the party’s address for service.
	(2)	Following the title page of the appeal papers, there must be an index of the documents making up the appeal papers that shows the date and page number of each document.
	(3)	The documents must be arranged as directed under rule 5432 (2) (b) or, if no direction is given, in the following order:
	(a)	notice of appeal or, if amended, the amended notice of appeal;
	(b)	any notice of cross-appeal or notice of contention;
	(c)	if leave to appeal has been given—the order giving leave;
	(d)	the formal order of the court from which the appeal is brought;
	(e)	reasons for the order of the court;
	(f)	if the order appealed from was made in an appeal from a court or tribunal to the court, as follows:
	(i)	reasons for decisions of the court or tribunal;
	(ii)	the formal order of the court or tribunal;
	(iii)	any notice of appeal to the Supreme Court;
	(g)	process and pleading;
	(h)	evidence, as follows:
	(i)	the transcript of any oral evidence;
	(ii)	affidavit evidence;
	(iii)	other exhibits that are documents (other than affidavits and documents exhibited or attached to each affidavit) arranged in the order in which they have been numbered as exhibits in the court, and any list of the exhibits appearing in the transcript;
	(iv)	a list of exhibits that are not documents;
	(i)	testimony taken on commission or before an examiner and received in evidence in the proceeding in which the order appealed from was made;
	(j)	the certificate under rule 5435 (1) (Appeals to Court of Appeal—filing and serving appeal papers).
	(4)	Interrogatories and answers and affidavits of documents must not be copied except as far as they were put in evidence in the proceeding in which the order appealed from was made.
	(5)	If the text of an oral order or summing up of a judicial officer of the court is included in the appeal papers, the text must first be submitted to the judicial officer for correction and must, when included in the appeal papers, be accompanied by a certificate from the judicial officer’s associate that this has been done.
	(6)	The requirements of this rule are subject to any direction given by the Court of Appeal on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction under this rule.
	(7)	In subrule (3) (f):
appeal includes an application for—
	(a)	a prerogative order; or
	(b)	a review order.
court or tribunal—see rule 5050 (Definitions—pt 5.3).
prerogative order—see rule 3550 (Definitions—pt 3.10).
review order—see rule 5700 (Meaning of review order—pt 5.5).
5434	Appeals to Court of Appeal—presentation of appeal papers
(SCR o 86 r 38)
	(1)	The appeal papers must be—
	(a)	paginated; and
	(b)	clear, legible and securely fastened, but need not be bound or printed.
	(2)	The registrar must be satisfied about the presentation of the appeal papers.
	(3)	The requirements of this rule are subject to any direction given by the Court of Appeal on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction under this rule.
5435	Appeals to Court of Appeal—filing and serving appeal papers
(SCR o 86 r 39)
	(1)	The appellant must file the appeal papers with a certificate, by the parties or their solicitors, stating that the papers have been examined and are correct.
Note	See approved form 5.14 (Court of Appeal—certificate of examination of appeal papers) AF2006-398.
	(2)	The appellant must file the number of copies of the appeal papers, and serve stamped copies of them, as decided under rule 5432 (2) (d) (Appeals to Court of Appeal—settlement of appeal papers).
5436	Appeals to Court of Appeal—setting appeal for hearing
(SCR o 86 r 40)
	(1)	This rule applies if the Court of Appeal does not set a date for hearing when the appeal papers are settled under rule 5432 (Appeals to Court of Appeal—settlement of appeal papers).
	(2)	The registrar may set a hearing date for the appeal when the registrar is satisfied that the appeal is ready for hearing.
	(3)	The registrar may set the date on application by any party to the appeal or on the registrar’s own initiative.
	(4)	The registrar must tell the parties the hearing date set for the appeal.
5437	Appeals to Court of Appeal—changing appeal hearing date
(SCR o 86 r 41)
	(1)	The Court of Appeal may, at any time, order that the appeal be heard on a date other than that set under rule 5432 (Appeals to Court of Appeal—settlement of appeal papers) or rule 5436 (Appeals to Court of Appeal—setting appeal for hearing).
	(2)	The Court of Appeal may make an order under subrule (1) on the application of a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5438	Appeals to Court of Appeal—written summary and list for appeal hearing
(SCR o 86 r 42; PD 1/03)
	(1)	Each party to the appeal must prepare a written summary of arguments in accordance with rule 5439 (Appeals to Court of Appeal—summaries of arguments) and a list of authorities, legislation and texts in accordance with rule 5440 (Appeals to Court of Appeal—list of authorities, legislation and texts), unless the Court of Appeal otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(2)	At least 5 days before the day set for the start of the hearing of the appeal, each appellant must—
	(a)	file in the court 4 copies of the appellant’s summary and list, and serve a copy of each on each other party to the appeal; and
	(b)	file in the court 3 copies of each authority and item of legislation mentioned in the list (each attached to a copy of the list being filed).
	(3)	At least 2 days before the day set for the start of the hearing of the appeal, each respondent must—
	(a)	file in the court 4 copies of the respondent’s summary and list, and serve a copy of each on each other party to the appeal; and
	(b)	file in the court 3 copies of each authority and item of legislation mentioned in the list (each attached to a copy of the list being filed).
	(4)	At least 1 day before the day set for the start of the hearing of the appeal, each appellant may file in the court 4 copies of a written summary of arguments in reply, and serve a copy on each other party to the appeal.
5439	Appeals to Court of Appeal—summaries of arguments
(SCR o 86 r 43)
	(1)	A party’s summary of arguments must state as briefly as possible—
	(a)	the issues in the appeal; and
	(b)	an outline of the argument expected to be made on each issue, mentioning the steps in the argument and any legislation, authority or finding of fact to be relied on for each step; and
	(c)	if there is to be a challenge to any of the court’s findings of fact—
	(i)	the claimed error (including any failure to make a finding of fact); and
	(ii)	the reasons why the party considers the finding was an error; and
	(iii)	the finding that the party considers should have been made; and
	(d)	for an appellant—a chronology of the facts; and
	(e)	if a respondent disagrees with an appellant’s chronology of facts—the respondent’s chronology of facts that highlights where the respondent’s chronology differs from the appellant’s chronology.
	(2)	If the summary relies on a matter in another document, the summary must—
	(a)	for a document mentioned in rule 5440 (3) (a) to (c)—identify the document as mentioned in the paragraphs; and
	(b)	for other documents—if relevant, identify the page of the document relied on.
5440	Appeals to Court of Appeal—list of authorities, legislation and texts
(SCR o 86 r 44)
	(1)	A party’s list of authorities, legislation and texts must list any authority, legislation or text that the party expects will be quoted from, or that may be referred to, by the party.
	(2)	A party’s list of authorities, legislation and texts may be divided into 2 parts (parts A and B) and list any authority, legislation or text—
	(a)	in part A—that the party expects will be quoted from by the party; and
	(b)	in part B—that may be referred to by the party.
	(3)	An authority, legislation or text must be identified as follows:
	(a)	for an authority—by case, citation and relevant part; 
	(b)	for legislation—by provision;
	(c)	for a text—by edition and page number.
5441	Appeals to Court of Appeal—absence of party
(SCR o 86 r 47)
	(1)	If a party is not present when the appeal is called on for hearing, the Court of Appeal may—
	(a)	order that the hearing not proceed unless a hearing date is again set for the appeal or the other steps directed by the Court of Appeal are taken; or
	(b)	adjourn the hearing; or 
	(c)	if the absent party is an appellant or cross-appellant—dismiss the appeal or cross-appeal; or
	(d)	proceed with the hearing, either generally or in relation to the decision sought in the appeal; or
	(e)	for an appeal against conviction or sentence, and the absent party is the appellant who is on bail and is not represented by a legal practitioner—make another order the court considers appropriate or issue a warrant for the appellant’s arrest.
	(2)	The Court of Appeal may make an order, or do anything else, mentioned in subrule (1) on application by a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application under this rule.
	(3)	If the hearing proceeds in the absence of the party and an order is made, the Court of Appeal may, on application by the party—
	(a)	amend or set aside the order; and
	(b)	give directions for the further conduct of the appeal.
5442	Appeals to Court of Appeal—insufficient material
(Qld r 769)
If the Court of Appeal considers that it has insufficient material before it to enable it to make a decision on the appeal, it may give all or any of the following directions:
	(a)	that the appeal be adjourned for further consideration;
	(b)	a direction about the issues to be decided that it considers appropriate;
	(c)	a direction about the accounts to be taken, or inquiries made, that it considers appropriate.
Division 5.4.6	Appeals to Court of Appeal—ending all or part of appeal
Note to div 5.4.6
Appeal and order are defined for this div in r 5400.  See also r 5441 (Appeals to Court of Appeal—absence of party).
5470	Appeals to Court of Appeal—abandonment of ground of appeal
(SCR o 86 r 45)
	(1)	This rule applies if an appellant wants to abandon a ground of appeal.
	(2)	The appellant must give notice to each other party to the appeal that the ground of appeal will not be relied on.
	(3)	The notice must be given—
	(a)	as soon as possible; but
	(b)	if the appeal is not to be decided by written cases under part 5.8 (Written cases)—within a reasonable time before the day set for the start of the hearing.
	(4)	The Court of Appeal may make any order the court considers appropriate in an appeal in a civil proceeding in relation to costs incurred because of a failure by the appellant to comply with this rule.
5471	Appeals to Court of Appeal—discontinuance of appeal
(SCR o 86 r 27)
	(1)	An appellant may discontinue the appeal or part of the appeal—
	(a)	without the Court of Appeal’s leave, at any time before the hearing of the appeal; or
	(b)	only with the Court of Appeal’s leave, at the hearing, or after the hearing and before judgment.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
	(2)	However, if the appeal is to be decided by written cases under part 5.8 (Written cases), an appellant may discontinue the appeal or a part of the appeal—
	(a)	without the Court of Appeal’s leave, at any time before, or on, the last day that the appellant may file written submissions under rule 5856 (3) (Written cases—filing etc written case for appeal); or
	(b)	only with the Court of Appeal’s leave, at any time after the last day mentioned in paragraph (a), but before judgment.
	(3)	The appellant may discontinue the appeal by filing a notice of discontinuance in the court, and serving a stamped copy of the notice on each party to the appeal.
Note	See approved form 5.15 (Court of Appeal—notice of discontinuance) AF2006-399.
	(4)	If the appeal or a part of the appeal is discontinued—
	(a)	the appeal or part of the appeal is abandoned by the appellant; and
	(b)	the discontinuance does not affect any other appellant in the appeal.
	(5)	If the appeal or a part of the appeal is discontinued in a civil proceeding, the appellant must pay the costs of the other parties caused by the appeal or part of the appeal discontinued, unless the Court of Appeal otherwise orders.
	(6)	The Court of Appeal may make an order under subrule (5) on application by a party to the appeal or on its own initiative.
5472	Appeals to Court of Appeal—competency of appeal
(SCR o 86 r 25)
	(1)	A respondent to the appeal may apply to the Court of Appeal at any time for an order striking out the appeal as incompetent.
Note	Pt 6.2 (Applications in proceedings) applies to the application for an order under this rule.
	(2)	The burden of establishing the competency of the appeal is on the appellant.
5473	Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent
(SCR o 86 r 26)
	(1)	This rule applies if a respondent to the appeal does not make an application under rule 5472 (1) and the appeal is struck out by the Court of Appeal as incompetent.
	(2)	The respondent must not receive any costs of the appeal, unless the Court of Appeal otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	The Court of Appeal may order that the respondent pay the appellant any costs of the appeal wasted because of the respondent’s failure to make an application under rule 5472 (1).
	(4)	The Court of Appeal may make an order under this rule on application by a party to the appeal or on its own initiative.
5474	Appeals to Court of Appeal—dismissal by consent
(Qld r 762)
	(1)	The parties to the appeal may agree that the appeal be dismissed by consent.
	(2)	Rule 1612 (Orders—by consent in proceeding) applies, with any necessary changes, to an order for the dismissal of the appeal by consent.
	(3)	Without limiting subrule (2), the order may provide that—
	(a)	an amount secured for the costs of the appeal be paid to a party stated in the order; or
	(b)	the appellant pay the respondent’s costs of the appeal to be assessed; or
	(c)	the appellant pay the respondent’s costs of the appeal agreed as a stated amount; or
	(d)	the appellant pay the respondent’s costs of the appeal, to be satisfied from an amount secured for the costs of the appeal with any balance to be paid to a stated party or the party’s solicitor; or
	(e)	there be no order for the costs of the appeal.
	(4)	Unless the Court of Appeal otherwise orders in relation to an amount secured for the costs of the appeal, on the dismissal of the appeal, the registrar may pay the amount to the successful respondent.
	(5)	The payment may be made to the solicitor on the record for the respondent.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
5475	Appeals to Court of Appeal—consent orders
(Qld r 764)
If the parties agree about the substantive orders the Court of Appeal will be asked to make by consent, but do not agree about the order for costs, the appeal may be listed for hearing even though the appeal papers have not been settled.
Division 5.4.7	Appeals to Court of Appeal—convictions and sentences
Subdivision 5.4.7.1	Appeals to Court of Appeal—convictions and sentences preliminary
5500	Definitions—div 5.4.7
(SCR o 86 r 48)
In this division:
appeal means an appeal against a conviction recorded, or sentence imposed, by the court.
Note	Conviction and sentence are defined in r 5000 (Definitions—ch 5).
convicted person means—
	(a)	for a conviction—the person against whom the conviction was recorded; or
	(b)	for a sentence—the person on whom the sentence was imposed.
out of time, for a conviction or sentence, means more than 28 days after the day the conviction was recorded or sentence was imposed.
Subdivision 5.4.7.2	Appeals to Court of Appeal—leave to appeal out of time by convicted person
5505	Application—sdiv 5.4.7.2
(SCR o 86 r 49)
This subdivision applies to an application by the convicted person for a conviction or sentence for leave to appeal to the Court of Appeal out of time against the conviction or sentence.
5506	Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence
(SCR o 86 r 50 and r 51)
	(1)	The application must be made to the registrar in the first instance.
Note	See approved form 5.16 (Court of Appeal—application to registrar for leave to appeal out of time against conviction or sentence) AF2006-400.
	(2)	Part 6.2 (Applications in proceedings) applies to the application as if—
	(a)	a reference to an application in a proceeding were a reference to the application; and
	(b)	any other necessary changes were made.
	(3)	The application must be accompanied by—
	(a)	an affidavit showing—
	(i)	the nature of the case; and
	(ii)	the questions involved; and
	(iii)	the reasons why leave should be given; and
	(b)	the draft notice of appeal.
	(4)	If the convicted person wants to present the person’s case in writing under part 5.8 (Written cases) the application must state that the person wants to do so.
5507	Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence to be sealed
The registrar must seal the original and filed copies of the application.
Note	The registrar may reject an application that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5508	Appeals to Court of Appeal—serving application for leave to appeal out of time against conviction or sentence
(SCR o 86 r 52)
The convicted person must serve the following on the director of public prosecutions not later than 5 days after the day the application is filed:
	(a)	a sealed copy of the application;
	(b)	a stamped copy of the accompanying affidavit;
	(c)	a stamped copy of the draft notice of appeal.
Note	Rule 5533 (Appeals to Court of Appeal—service if convicted person in custody and unrepresented) deals with the service of documents if the convicted person is in custody and not represented by a lawyer.
5509	Appeals to Court of Appeal—response by DPP to application for leave to appeal out of time against conviction or sentence
(SCR o 86 r 53 and r 54)
	(1)	The director of public prosecutions must file a response to the application.
Note	See approved form 5.17 (Court of Appeal—response by Director of Public Prosecutions) AF2006-401.
	(2)	The response must state—
	(a)	whether the director opposes, consents to, or does not oppose, the application; and
	(b)	whether the director proposes to file any affidavits in response to the application; and
	(c)	an address for service.
Note	Address for service is defined in the dictionary.
	(3)	The director of public prosecutions must file the response, and serve a stamped copy on the convicted person, not later than 7 days after the day the application is served on the director.
	(4)	If the director of public prosecutions wants to present evidence, the director must file the director’s affidavits, and serve them on the convicted person, not later than 14 days after the day the application is served on the director.
5510	Appeals to Court of Appeal—registrar’s decision on application for leave to appeal out of time against conviction or sentence
(SCR o 86 r 55)
	(1)	The registrar must tell the convicted person, and the director of public prosecutions, of the registrar’s decision to give or refuse leave to appeal out of time.
	(2)	If the registrar gives leave, the director of public prosecutions may apply to the Court of Appeal for an order that the application mentioned in rule 5505 (Application—sdiv 5.4.7.2) be refused.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order.
	(3)	If the registrar refuses leave—
	(a)	the registrar must give the convicted person a copy of the form to be used for applying to the Court of Appeal when telling the person about the refusal; and
	(b)	the convicted person may apply to the Court of Appeal to have the application mentioned in rule 5505 decided by the Court of Appeal.
Note 1	Pt 6.2 (Applications in proceedings) applies to the application to the Court of Appeal.
Note 2	See approved form 5.18 (Court of Appeal—application for leave to appeal out of time against conviction or sentence) AF2006‑402.
	(4)	The application to the Court of Appeal must be filed not later than 14 days after the day the convicted person is told about the registrar’s decision.
Subdivision 5.4.7.3	Appeals to Court of Appeal—leave to appeal out of time by DPP
5520	Application of div 5.4.3 to certain appeals by DPP
(SCR o 86 r 56)
For these rules, division 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from final judgments) applies to an application for leave to appeal out of time against sentence by the director of public prosecutions as if—
	(a)	a reference to a final judgment were a reference to a sentence; and
	(b)	any other necessary changes were made.
Subdivision 5.4.7.4	Appeals to Court of Appeal—convictions and sentences generally
5530	Appeals to Court of Appeal—treating application for leave to appeal out of time against conviction or sentence as appeal
(SCR o 86 r 57)
If an application for leave to appeal out of time against conviction or sentence is made by the convicted person to the Court of Appeal, the court may treat the hearing of the application as the hearing of the appeal.
5531	Appeals to Court of Appeal—grounds of appeal against conviction or sentence
(SCR o 86 r 58)
Unless the Court of Appeal otherwise orders, the following must not be allowed as a ground for appeal against conviction or sentence unless objection was taken at the trial by the party appealing:
	(a)	a direction given by the trial judge;
	(b)	the trial judge’s failure to give a direction;
	(c)	the trial judge’s decision about the admission or rejection of evidence.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
5532	Appeals to Court of Appeal—trial judge’s report for appeal against conviction or sentence
(SCR o 86 r 59)
	(1)	During the hearing of an appeal against conviction or sentence, the Court of Appeal may ask the trial judge to give the court (through the registrar) a report on any aspect of the case.
	(2)	The report is not available for inspection by the parties or anyone else unless the Court of Appeal otherwise orders on application by a party to the appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
5533	Appeals to Court of Appeal—service if convicted person in custody and unrepresented
(SCR o 86 r 60)
	(1)	This rule applies to an application or appeal under this part in relation to a conviction or sentence if the convicted person—
	(a)	is in custody; and
	(b)	is not represented by a solicitor.
	(2)	A document required or allowed under these rules to be served by the convicted person for the application or appeal may be served on the registrar for service by the registrar on another party.
	(3)	A document required or allowed under these rules to be served on the convicted person for the application or appeal may be served by leaving the document with the person in charge of the place where the person is in custody.
	(4)	If a document mentioned in subrule (3) is served by the registrar, the document may be served—
	(a)	by sending a copy by prepaid post to the place where the convicted person is in custody, addressed to the person in charge of the place; or
	(b)	if the place has a postbox at a post office—by sending a copy by prepaid post to the postbox, addressed to the person in charge of the place; or
	(c)	if the place has a fax machine—by sending a copy by fax to the place, addressed to the person in charge of the place; or
	(d)	if the person in charge of the place has an email address—by sending a copy by electronic communication to the email address.
5534	Appeals to Court of Appeal—written case and presence if convicted person appellant
(SCR o 86 r 61)
	(1)	This rule applies to an application or appeal under this part in relation to a conviction or sentence if the convicted person is the applicant or appellant.
	(2)	The convicted person may present the person’s case to the Court of Appeal in writing if the person wants to, whether or not the respondent director of public prosecutions presents his or her case in writing.
Note	The convicted person must state that the person wants to present his or her case in writing.  See, eg, r 5506 (4) (Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence).
	(3)	If the convicted person presents his or her case in writing, the person need not appear or be present at the hearing of the application or appeal unless the Court of Appeal otherwise orders.
	(4)	If the convicted person is in custody, is not represented by a legal practitioner and does not present his or her case in writing, the person is entitled to be present at the hearing of the application or appeal in the way that the Court of Appeal orders.
	(5)	The Court of Appeal may order that the convicted person be present—
	(a)	in person; or
	(b)	by audiovisual link or audio link.
	(6)	The Court of Appeal may make an order under this rule on application by a party to the application or appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5535	Appeals to Court of Appeal—order for production of offender
(SCR o 86 r 62)
	(1)	The Court of Appeal may make the following orders in relation to the hearing of an application or appeal under this part in relation to a conviction or sentence:
	(a)	an order requiring the production of a person who is in custody;
	(b)	an order about the continuing custody of a person who is in custody.
Note	See approved form 5.19 (Court of Appeal—order for production of offender) AF2006-403.
	(2)	The Court of Appeal may order that the person in custody be produced—
	(a)	in person; or
	(b)	by audiovisual link or audio link.
	(3)	The Court of Appeal may make an order under this rule on application by a party to the application or appeal or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5536	Appeals to Court of Appeal—fine paid to be kept pending appeal
(SCR o 86 r 63)
	(1)	This rule applies if the convicted person for a conviction or sentence is sentenced to pay a fine.
	(2)	If the convicted person appeals against the conviction or sentence, any amount paid by the person as the fine, or part of the fine, must be kept by the person authorised to receive the fine until the appeal is finally decided.
	(3)	If the convicted person has paid an amount mentioned in subrule (2), and the person’s appeal is upheld, the person is entitled to a refund, unless the Court of Appeal otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(4)	Without limiting rule 6016 (Application in proceeding—oral application), an application for an order otherwise ordering under subrule (3) may be made orally, unless the Court of Appeal otherwise orders on application by a party to the appeal or on its own initiative.
	(5)	In this rule:
fine includes an amount for costs or any other amount ordered to be paid by the convicted person in relation to an offence.
Examples
1	a financial penalty imposed by a court for an offence
2	a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence
3	costs payable to the Territory under a court order in a proceeding for an offence
4	a levy imposed under the Victims of Crime (Financial Assistance) Act 1983
5	an amount payable under a reparation order under the Crimes (Sentencing) Act 2005, section 19 (Reparation orders—losses and expenses generally)
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5537	Appeals to Court of Appeal—solicitor’s instructions to act for convicted person ended
(SCR o 86 r 64)
	(1)	This rule applies to a solicitor if—
	(a)	the solicitor is acting for the convicted person for a conviction or sentence in relation to an application or appeal under this part in relation to the conviction or sentence; and
	(b)	the solicitor’s instructions to act for the convicted person are ended before—
	(i)	for an application—the application is decided; or
	(ii)	for an appeal—judgment is given in the appeal.
	(2)	The solicitor must—
	(a)	file a notice stating that the solicitor is no longer acting for the convicted person; and
	(b)	serve a stamped copy of the notice on each party to the application or appeal (including the convicted person).
Note	See approved form 5.20 (Court of Appeal—notice of solicitor no longer acting) AF2006-404.
	(3)	The solicitor must file and serve the notice as soon as practicable, but not later than 14 days after the day the solicitor’s instructions are ended.
5538	Appeals to Court of Appeal—solicitor wants to withdraw from acting for convicted person
(SCR o 86 r 65)
	(1)	This rule applies to a solicitor if—
	(a)	the solicitor is acting for the convicted person for a conviction or sentence in relation to an application or appeal under this part in relation to the conviction or sentence; and
	(b)	the solicitor no longer wants to act for the convicted person in relation to the application or appeal.
	(2)	The solicitor must—
	(a)	file a notice stating that the solicitor intends to ask the Court of Appeal for leave to withdraw; and
	(b)	serve a stamped copy of the notice on each party other than the convicted person; and
	(c)	serve a stamped copy of the notice on the convicted person personally, or by registered letter addressed to the person’s last-known address.
	(3)	The copies of the notice must be served as soon as possible after the notice is filed.
	(4)	The solicitor may withdraw from acting for the convicted person only with the Court of Appeal’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(5)	If the Court of Appeal gives the solicitor leave to withdraw, the solicitor must—
	(a)	file a notice of withdrawal; and
Note	See approved form 5.21 (Court of Appeal—notice of withdrawal of solicitor) AF2006-405.
	(b)	serve a stamped copy of the notice on the convicted person personally, or by registered letter addressed to the person’s last-known address; and
	(c)	serve a stamped copy of the notice on the director of public prosecutions.
5539	Appeals to Court of Appeal—notification of result of appeal against conviction etc
(SCR o 86 r 66)
	(1)	For an application or appeal under this part in relation to a conviction or sentence, the registrar must give notice—
	(a)	to each relevant person about the final decision made on the application or appeal; and
	(b)	to each party to the application or appeal, or anyone else the registrar considers appropriate, about an order made in relation to the application or appeal.
	(2)	However, the registrar need only give notice to a person mentioned in subrule (1) if the person was not present when the application or appeal was decided, or the order made.
	(3)	In this rule:
present means—
	(a)	present in person; or
	(b)	present by audiovisual link or audio link.
relevant person means—
	(a)	a party to the application or appeal; or
	(b)	the judge who gave the order appealed from; or
	(c)	anyone else the registrar considers appropriate.
Division 5.4.8	Appeals to Court of Appeal—miscellaneous
5600	Appeals to Court of Appeal—power to amend proceedings in court below
(SCR o 86 r 87)
The Court of Appeal may amend the proceeding in which the order appealed from under this part was made.
5601	Appeals to Court of Appeal—expediting appeals etc
(SCR o 86 r 88)
	(1)	The Court of Appeal may, at any time, make any order the Court of Appeal considers just to expedite an appeal or application under this part.
	(2)	A party wanting leave to appeal under this part may apply to the Court of Appeal for an order that the application for leave to appeal be heard with, or immediately before, the hearing of the appeal, and for any consequential orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order.
5602	Appeals to Court of Appeal—directions about appeal etc
(SCR o 86 r 89)
	(1)	At any time after the filing in the court of a notice of appeal or application for leave to appeal (or leave to appeal out of time) under this part, the Court of Appeal may give directions in relation to the conduct of the appeal or application (including, for the application, the appeal if leave is given), even though the direction may be inconsistent with another provision of these rules.
	(2)	The Court of Appeal may give a direction under this rule on application by a party to the appeal or application or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for directions or to amend or revoke a direction.
	(3)	In deciding whether to give a direction under this rule, the interests of justice are paramount.
	(4)	If a direction under this rule is inconsistent with another provision of these rules, the direction prevails to the extent of the inconsistency.
	(5)	The Court of Appeal may at any time amend or revoke a direction made under this rule on application by a party or on its own initiative.
	(6)	The powers of the Court of Appeal under this rule are additional to any other powers of the Court of Appeal under a territory law.
Note	A territory law includes these rules (see Legislation Act, s 98).
5603	Appeals to Court of Appeal—want of prosecution of appeal
(SCR o 86 r 90; Qld r 775)
	(1)	In this rule:
appeal means—
	(a)	an application for further time to apply for leave to appeal under this part; or
	(b)	an appeal or application for leave to appeal (or leave to appeal out of time) under this part, and includes a convicted person’s application; or
	(c)	an application for leave to file a notice of appeal under rule 5405 (2) (Appeals to Court of Appeal—time for filing notice of appeal).
appellant means—
	(a)	a person applying for further time to apply for leave to appeal under this part; or
	(b)	an applicant for leave to appeal (or leave to appeal out of time) under this part; or
	(c)	the convicted person for a conviction or sentence applying for leave to appeal under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person); or
	(d)	an applicant for leave to file a notice of appeal under rule 5405 (2); or
	(e)	a person appealing under this part.
convicted person’s application means an application under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person) by the convicted person for a conviction or sentence.
	(2)	This rule applies if an appellant—
	(a)	has not done anything required to be done under these rules during a period of 3 months after the day the requirement arises; or
	(b)	otherwise has not prosecuted the appellant’s appeal with appropriate effort during a period of 3 months after the day the last step in the proceeding was taken.
	(3)	The Court of Appeal may—
	(a)	order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or
	(b)	on its own initiative, set a time for the doing of a thing required to be done in relation to the appeal and—
	(i)	at the same time order that, if the appellant does not do the thing within the time, the appeal will be dismissed for want of prosecution and the order appealed from confirmed; or
	(ii)	if the appellant does not do the thing within the time—order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or
	(c)	make any other order the Court of Appeal considers just.
	(4)	A respondent may apply to the Court of Appeal to require the appellant to show cause why the appeal should not be dismissed for want of prosecution.
Note	Pt 6.2 (Applications in proceedings) applies to the application.
	(5)	On the hearing of the application, the Court of Appeal may make an order mentioned in subrule (3).
	(6)	An order mentioned in subrule (3) (b) may be amended at any time before the appeal is dismissed for want of prosecution and, in special circumstances, may be amended or revoked after that time.
5604	When Court of Appeal may be constituted by single judge—Supreme Court Act 1933, s 37J (1) (h)
(SCR o 86 r 90A; Qld r 767)
The Court of Appeal may be constituted by a single judge in relation to hearing and deciding the dismissal of an appeal under this part for any of the following reasons:
	(a)	the appeal is incompetent;
	(b)	the notice of appeal does not contain any coherent or arguable ground of appeal;
	(c)	the appellant has failed to comply with any relevant rules of court or practice note;
	(d)	the appellant has failed to comply with a direction of the Court of Appeal;
	(e)	the appellant has failed to provide security for costs in accordance with an order of the Court of Appeal.
5605	Jurisdiction of Court of Appeal that may be exercised by single judge—Supreme Court Act 1933, s 37J (3)
(SCR o 86 r 90B)
The jurisdiction and powers of the Court of Appeal may be exercised by a single judge in the following proceedings:
	(a)	an application by the director of public prosecutions under rule 5510 (2) (Appeals to Court of Appeal—registrar’s decision on application for leave to appeal out of time against conviction or sentence);
	(b)	an application by the applicant under rule 5510 (3) (b).
5606	Appeals to Court of Appeal—further evidence on appeal
(SCR o 86 r 46)
	(1)	This rule applies—
	(a)	to an application to the Court of Appeal to receive evidence on a hearing of an appeal under this part in addition to evidence in the proceeding appealed from; and
	(b)	unless the Court of Appeal otherwise orders.
	(2)	The application must be made on the hearing of the appeal.
Note	Pt 6.2 (Applications in proceedings) applies to the application.
	(3)	Not later than 28 days before the day set for the start of the hearing of the appeal, the applicant must file 1 or more affidavits stating—
	(a)	the grounds of the application; and
	(b)	any evidence necessary to establish the grounds of the application; and
	(c)	any evidence that the applicant wants the Court of Appeal to receive.
	(4)	The evidence of any other party to the appeal must be given by affidavit filed in the court not later than 7 days before the day set for the start of the hearing of the appeal.
	(5)	A party to the appeal must, not later than the time for the party to file an affidavit under this rule—
	(a)	file the number of copies of the affidavit that the registrar directs; and
	(b)	serve 3 stamped copies of the affidavit on each other party to the appeal.
	(6)	If the Court of Appeal orders that it will receive the evidence in the appeal, and the evidence is to be given by an expert witness, the following rules apply, with necessary changes, to the appeal:
	division 2.12.1 (Expert evidence generally)
	division 2.12.2 (Multiple expert witnesses for same issue)
	rule 1242 (Supplementary expert reports)
	rule 1243 (Expert evidence to be covered by expert report)
	rule 1244 (Expert reports admissible as evidence of opinion etc)
	rule 1245 (Requiring attendance of expert for cross-examination etc)
	rule 1246 (Tender of expert report).
5607	Appeals to Court of Appeal—keeping exhibits
(SCR o 86 r 32)
	(1)	This rule applies in relation to an appeal or application to the Court of Appeal under this part.
	(2)	Unless the Court of Appeal or the court otherwise orders, the registrar must keep the exhibits in the proceeding until 28 days after the day the appeal is disposed of.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(3)	However, the register may permit a document or thing to be removed from the registry in accordance with rule 6767 (Power to allow removal of exhibits etc).

Part 5.5	Orders to review Magistrates Court decisions
    
5700	Meaning of review order—pt 5.5
(SCR o 85 r 1)
In this part:
review order means an order nisi to review a decision of the Magistrates Court mentioned in the Magistrates Court Act 1930, section 219B (Appeals by way of orders to review).
5701	Review orders—application for order
(SCR o 85 r 2)
	(1)	An application for a review order must be—
	(a)	made to the Supreme Court not later than the time mentioned in the Magistrates Court Act 1930, section 219C (1) (Grant of order nisi to review); and
	(b)	made without notice to another party; and
	(c)	supported by an affidavit under rule 5702.
	(2)	Part 6.2 (Applications in proceedings) applies to an application for a review order as if—
	(a)	a reference to an application in a proceeding were a reference to an application for a review order; and
	(b)	any other necessary changes were made.
	(3)	Without limiting rule 6016 (Application in proceeding—oral application), an application under this rule may be made orally, unless the court otherwise orders on application by a party or on its own initiative.
5702	Review orders—affidavits
(SCR o 85 r 3)
The affidavit must set out—
	(a)	the material circumstances; and
	(b)	each statutory ground relied on; and
	(c)	a brief statement of the matter relied on for each ground.
5703	Review orders—service of applications
(SCR o 85 r 4)
The Supreme Court may, on its own initiative, order that notice of an application for a review order be given to anyone interested in maintaining the relevant decision of the Magistrates Court.
5704	Review orders—parties
(SCR o 85 r 5)
A party served with an application for a review order is entitled to be heard on the application.
5705	Review orders—service of review order
(SCR o 85 r 7)
	(1)	Not later than 7 days after the day a review order is made or not later than any further time allowed by the Supreme Court, the order, and affidavit mentioned in rule 5702 (Review orders—affidavits), must be—
	(a)	served on each person called on by the order to show cause; and
	(b)	if the court orders service under rule 5703 (Review orders—service of applications) on anyone else—served on the person; and
	(c)	given to the registrar of the Magistrates Court.
	(2)	The Supreme Court may allow further time under subrule (1) on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for further time.
5706	Review orders—notice of intention to respond to review order
(SCR o 85 r 8)
	(1)	This rule applies if a person served with a review order wants to oppose the making absolute of the order, or be heard in that proceeding.
	(2)	The person must file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the order were an originating application; and
	(b)	the person were a defendant; and
	(c)	the applicant for the order were the plaintiff; and
	(d)	any other necessary changes were made.
5707	Review orders—security for costs
(MCA s 219D (1) (a) and (3) and s 230)
	(1)	This rule applies if the Supreme Court makes a review order under the Magistrates Court Act 1930, section 219C (2) (Grant of order nisi to review).
	(2)	The Supreme Court may order that the person on whose application the review order is made give the security it considers appropriate for the costs of the proceeding.
	(3)	The security must be given not later than the time stated in the order or not later than any further time allowed by the Supreme Court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for further time.
	(4)	If the security is not given under the order, the Supreme Court may, on application by the person called on to show cause by the review order, revoke the review order.
	(5)	Rule 1903 (Security for costs—way security given) and rule 1906 (Security for costs—finalising security) apply to security ordered to be given under this rule as if—
	(a)	the applicant for the review order were the plaintiff; and
	(b)	the person called on to show cause by the review order were the defendant; and
	(c)	any other necessary changes were made.
	(6)	If the security is given by bond, and the appellant is ordered to pay the costs of the proceeding to the respondent, the registrar must assign the bond to the respondent so the respondent may enforce it.
5708	Review orders—stay
(MCA s 219D (1) (b)-(d) and (2))
	(1)	This rule applies if the Supreme Court makes a review order under the Magistrates Court Act 1930, section 219C (2) (Grant of order nisi to review).
	(2)	The Supreme Court may—
	(a)	order that the enforcement of the decision of the Magistrates Court be stayed pending the hearing of the review order; and
	(b)	if the appellant is in custody and is not detained for any other reason—grant the appellant bail in accordance with the Bail Act 1992; and
	(c)	if the review order is made in relation to a decision of a kind mentioned in the Magistrates Court Act 1930, section 219B (1) (d) or (e) and, after making that decision, the Magistrates Court has, under the Crimes Act 1900, section 375 (Summary disposal of certain cases), heard and decided a case and sentenced or otherwise dealt with the defendant according to law—order that the enforcement of any further decision made by the Magistrates Court in relation to the case be stayed.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a stay under this rule.
	(3)	If the Supreme Court makes a review order in relation to an application by the informant in relation to a decision of the Magistrates Court of a kind mentioned in the Magistrates Court Act 1930, section 219B (1) (d) or (e), the proceeding in the Magistrates Court is stayed until the proceeding in the Supreme Court is finished, abandoned or discontinued.
5709	Review orders—non-appearance of applicant
(MCA s 219E)
If the person on whose application the review order has been made under the Magistrates Court Act 1930, section 219C (2) (Grant of order nisi to review) fails to appear on the date stated in the order or on any date to which the hearing is adjourned, the Supreme Court may revoke the order on its own initiative.
5710	Review orders—application to revoke review order
(SCR o 85 r 9)
	(1)	An application to revoke a review order must be supported by affidavit.
Note	Pt 6.2 (Applications in proceedings) applies to the application.
	(2)	An application to revoke a review order, together with any supporting affidavit, must be served on—
	(a)	the applicant for the order; and
	(b)	anyone the court orders to be served under rule 5703 (Review orders—service of applications).

Part 5.6	Reference appeals
Division 5.6.1	Reference appeals—Supreme Court
5750	Definitions—div 5.6.1
(SCR o 86 r 71)
In this division:
applicant—see the Magistrates Court Act 1930, section 219AB (2) (Reference appeal following acquittal on indictment).
Note	The applicant for a reference appeal is the Attorney-General or director of public prosecutions.
interested party—see the Magistrates Court Act 1930, section 219AC (1).
Note	An interested party, for a reference appeal arising from a trial, is a person charged at the trial, or a person who seeks to be heard if the Supreme Court is satisfied that the person has a sufficient interest in the appeal to be heard.
reference appeal means an appeal under the Magistrates Court Act 1930, section 219AB (2).
5751	Reference appeals to Supreme Court—application for reference appeal
(SCR o 86 r 72 and MCA s 219AB (3))
	(1)	An application for a reference appeal must—
	(a)	state the grounds of the application; and
	(b)	state the question of law to be decided.
Note	See approved form 5.22 (Supreme Court—application for reference appeal) AF2006-406.
	(2)	An application for a reference appeal must be filed in the Supreme Court not later than 6 weeks after the day the trial ends, or not later than any further time the court allows.
	(3)	Part 6.2 (Applications in proceedings) applies to an application for further time as if—
	(a)	a reference to an application in a proceeding were a reference to an application for further time; and
	(b)	any other necessary changes were made.
	(4)	If the applicant wants to present the applicant’s case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.
5752	Reference appeals to Supreme Court—service of application etc for reference appeal
(SCR o 86 r 73)
A sealed copy of the application must be served on each interested party within 7 days after the day the application is filed in the Supreme Court.
5753	Reference appeals to Supreme Court—notice of intention to respond by interested party
(SCR o 86 r 74 and MCA s 219C (2))
	(1)	An interested party may file in the Supreme Court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the application were an originating application; and
	(b)	the party were a defendant; and
	(c)	the applicant were the plaintiff; and
	(d)	any other necessary changes were made.
	(2)	If an interested party is not represented in the appeal, the applicant must instruct counsel to represent the party and file the notice of intention to respond as mentioned in subrule (1).
5754	Reference appeals to Supreme Court—discontinuance of reference appeal
(SCR o 86 r 75)
	(1)	The applicant may discontinue the reference appeal or a part of the reference appeal—
	(a)	without the Supreme Court’s leave, at any time before the hearing of the reference appeal; or
	(b)	only with the Supreme Court’s leave, at the hearing, or after the hearing and before the decision is made on the reference appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
	(2)	However, if the reference appeal is to be decided by written cases under part 5.8 (Written cases), the applicant may discontinue the reference appeal or a part of the reference appeal—
	(a)	without the Supreme Court’s leave, at any time before, or on, the last day that the applicant may file written submissions under rule 5856 (3) (Written cases—filing etc written case for appeal); or
	(b)	only with the Supreme Court’s leave, at any time after the last day mentioned in paragraph (a), but before the decision is made on the reference appeal.
	(3)	The applicant may discontinue the reference appeal by filing a notice of discontinuance in the Supreme Court, and serving a stamped copy of the notice on each interested party.
	(4)	If the reference appeal or a part of the reference appeal is discontinued, the appeal or part of the appeal is abandoned by the applicant.
5755	Reference appeals to Supreme Court—application of certain rules to reference appeals
(SCR o 86 r 76)
	(1)	The provisions mentioned in subrule (2) apply to a reference appeal as if—
	(a)	a reference to an appeal were a reference to the reference appeal; and
	(b)	a reference to the appellant were a reference to the applicant; and
	(c)	a reference to the respondent were a reference to each interested party; and
	(d)	a reference to a notice of appeal were a reference to the application for a reference appeal; and
	(e)	any other necessary changes were made to those provisions or any other provisions of these rules.
	(2)	The provisions applying to reference appeals are as follows:
	rule 5104 (Appeals to Supreme Court—notice of appeal to be sealed)
	rule 5106 (Appeals to Supreme Court—date for settlement of appeal papers)
	rule 5111 (Appeals to Supreme Court—amending notice of appeal)
	rule 5130 (Appeals to Supreme Court—draft index of appeal papers)
	rule 5131 (Appeals to Supreme Court—settlement of appeal papers)
	rule 5132 (Appeals to Supreme Court—content of appeal papers)
	rule 5133 (Appeals to Supreme Court—presentation of appeal papers)
	rule 5134 (Appeals to Supreme Court—filing and serving appeal papers)
	rule 5135 (Appeals to Supreme Court—setting appeal for hearing)
	rule 5136 (Appeals to Supreme Court—changing appeal hearing date)
	rule 5137 (Appeals to Supreme Court—written summary and list for appeal hearing)
	rule 5138 (Appeals to Supreme Court—summaries of arguments), other than subrule (1) (c)
	rule 5139 (Appeals to Supreme Court—list of authorities, legislation and texts)
	rule 5140 (Appeals to Supreme Court—absence of party)
	rule 5170 (Appeals to Supreme Court—abandonment of ground of appeal)
	rule 5194 (Appeals to Supreme Court—keeping exhibits).
Division 5.6.2	Reference appeals—Court of Appeal
5770	Definitions—div 5.6.2
(SCR o 86 r 71)
In this division:
applicant—see the Supreme Court Act 1933, section 37S (2) (Reference appeal following acquittal on indictment).
Note	The applicant for a reference appeal is the Attorney-General or director of public prosecutions.
interested party—see the Supreme Court Act 1933, section 37S (4).
Note	An interested party, for a reference appeal arising from a trial, is a person charged at the trial or a person affected by any decision in the trial.
reference appeal means an appeal under the Supreme Court Act 1933, section 37S.
5771	Reference appeals to Court of Appeal—application for reference appeal
(SCR o 86 r 72)
	(1)	An application for a reference appeal must—
	(a)	state the grounds of the application; and
	(b)	state the question of law to be decided.
Note	See approved form 5.23 (Court of Appeal—application for reference appeal) AF2006-407.
	(2)	If the applicant wants to present the applicant’s case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.
5772	Reference appeals to Court of Appeal—service of application etc for reference appeal
(SCR o 86 r 73)
A sealed copy of the application must be served on each interested party within 7 days after the day the application is filed in the court.
5773	Reference appeals to Court of Appeal—notice of intention to respond by interested party
(SCR o 86 r 74)
	(1)	An interested party may file in the court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—
	(a)	the application were an originating application; and
	(b)	the party were a defendant; and
	(c)	the applicant were the plaintiff; and
	(d)	any other necessary changes were made.
	(2)	If an interested party is not represented in the appeal, counsel instructed by the applicant under the Supreme Court Act 1933, section 37S (5) represents the party and must file the notice of intention to respond as mentioned in subrule (1).
5774	Reference appeals to Court of Appeal—discontinuance of reference appeal
(SCR o 86 r 75)
	(1)	The applicant may discontinue the reference appeal or a part of the reference appeal—
	(a)	without the Court of Appeal’s leave, at any time before the hearing of the reference appeal; or
	(b)	only with the Court of Appeal’s leave, at the hearing, or after the hearing and before the decision is made on the reference appeal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
	(2)	However, if the reference appeal is to be decided by written cases under part 5.8 (Written cases), the applicant may discontinue the reference appeal or a part of the reference appeal—
	(a)	without the Court of Appeal’s leave, at any time before, or on, the last day that the applicant may file written submissions under rule 5856 (3) (Written cases—filing etc written case for appeal); or
	(b)	only with the Court of Appeal’s leave, at any time after the last day mentioned in paragraph (a), but before the decision is made on the reference appeal.
	(3)	The applicant may discontinue the reference appeal by filing a notice of discontinuance in the court, and serving a stamped copy of the notice on each interested party.
	(4)	If the reference appeal or a part of the reference appeal is discontinued, the appeal or part of the appeal is abandoned by the applicant.
5775	Reference appeals to Court of Appeal—application of certain rules to reference appeals
(SCR o 86 r 76)
	(1)	The rules mentioned in subrule (2) apply to a reference appeal as if—
	(a)	a reference to an appeal were a reference to the reference appeal; and
	(b)	a reference to the appellant were a reference to the applicant; and
	(c)	a reference to the respondent were a reference to each interested party; and
	(d)	a reference to a notice of appeal were a reference to the application for a reference appeal; and
	(e)	any other necessary changes were made to those provisions or any other provisions of these rules.
	(2)	The rules applying to reference appeals are as follows:
	rule 5406 (Appeals to Court of Appeal—notice of appeal to be sealed)
	rule 5408 (Appeals to Court of Appeal—date for settlement of appeal papers)
	rule 5412 (Appeals to Court of Appeal—amending notice of appeal)
	rule 5430 (Appeals to Court of Appeal—filing of things before settlement of appeal papers)
	rule 5431 (Appeals to Court of Appeal—draft index of appeal papers)
	rule 5432 (Appeals to Court of Appeal—settlement of appeal papers)
	rule 5433 (Appeals to Court of Appeal—content of appeal papers)
	rule 5434 (Appeals to Court of Appeal—presentation of appeal papers)
	rule 5435 (Appeals to Court of Appeal—filing and serving appeal papers)
	rule 5436 (Appeals to Court of Appeal—setting appeal for hearing)
	rule 5437 (Appeals to Court of Appeal—changing appeal hearing date)
	rule 5438 (Appeals to Court of Appeal—written summary and list for appeal hearing)
	rule 5439 (Appeals to Court of Appeal—summaries of arguments), other than subrule (1) (c)
	rule 5440 (Appeals to Court of Appeal—list of authorities, legislation and texts)
	rule 5441 (Appeals to Court of Appeal—absence of party)
	rule 5470 (Appeals to Court of Appeal—abandonment of ground of appeal)
	rule 5607 (Appeals to Court of Appeal—keeping exhibits).

Part 5.7	Special cases
Division 5.7.1	Questions referred—Supreme Court
5800	Application—div 5.7.1
This division applies to a question referred to the Supreme Court from a proceeding in another court or a tribunal (the referring court or tribunal), other than a reference appeal to which division 5.6.1 (Reference appeals—Supreme Court) applies.
Note 1	Div 2.15.3 (Separate decisions on questions) deals with questions for decision of the Supreme Court from a proceeding in the Supreme Court.
Note 2	Div 5.7.2 deals with a case stated or question reserved by the Supreme Court for decision by the Court of Appeal.
Note 3	Referring courts and tribunals are mentioned in table 5800.
Table 5800	Referring courts and tribunals
column 1
item	column 2
referring court or tribunal	column 3
constitution of Supreme Court for special case	column 4
law under which question referred	
1	administrative appeals tribunal	judge or master	Administrative Appeals Tribunal Act 1989, s 48	
2	consumer and trader tribunal	judge or master	Consumer and Trader Tribunal Act 2003, s 50	
3	credit tribunal	judge or master	Consumer Credit (Administration) Act 1996, s 78	
4	disciplinary tribunal	judge	Legal Profession Act 2006, s 436 (Referral of questions of law to Supreme Court)	
5	discrimination tribunal	judge or master	Discrimination Act 1991, s 108DA	
6	health professions tribunal	judge or master	Health Professionals Act 2004, s 66	
7	Magistrates Court	judge or master	Magistrates Court Act 1930, s 267	
8	occupational health and safety review authority	judge or master	Occupational Health and Safety Act 1989, s 193	
9	residential tenancies tribunal	judge or master	Residential Tenancies Act 1997, s 124	
10	essential services consumer council	judge or master	Utilities Act 2000, section 205	

5801	Definitions—div 5.7.1
(SCR o 37 r 1A; NSW r 28.1; Qld r 482)
In this division:
initiating party means—
	(a)	the party who requested that the question be referred; or
	(b)	if the question was referred by the referring court or tribunal on its own initiative and the court or tribunal is a party to the proceeding—the court or tribunal; or
	(c)	if the question was referred by the referring court or tribunal on its own initiative and the court or tribunal is not a party to the proceeding—the entity that made the decision to which the proceeding before the referring court or tribunal relates.
question referred, to the Supreme Court—a reference to a question referred to the Supreme Court is a reference to a case stated to, or question reserved for, (however described) the Supreme Court.
referring court or tribunal—see rule 5800.
Supreme Court means the Supreme Court otherwise than when it is the Court of Appeal.
tribunal includes any entity (other than a court) that may refer a question to the Supreme Court.
5802	Question referred to Supreme Court—form
(SCR o 86 r 67)
	(1)	A question referred to the Supreme Court must be in the form of a special case.
Note	See approved form 5.24 (Supreme Court—special case) AF2006-408.
	(2)	The special case must—
	(a)	state the questions to be decided; and
	(b)	briefly state the facts, and have attached all documents, necessary to allow the Supreme Court to decide the questions raised by the special case; and
	(c)	be divided into paragraphs numbered consecutively.
	(3)	If the special case is to be presented in writing under part 5.8 (Written cases), the special case must state that it is to be presented in that way.
5803	Special case to Supreme Court—preparation and settling
(SCR o 37 r 1A and r 3)
Unless the referring court or tribunal otherwise directs, the special case must—
	(a)	be prepared in draft by the initiating party after consultation with each other active party; and
Note	Active party is defined in the dictionary.
	(b)	contain an address for service for each active party; and
Note	Address for service is defined in the dictionary.
	(c)	be settled by the referring court or tribunal; and
	(d)	be served on each active party; and 
	(e)	be filed in the Supreme Court by the initiating party on behalf of the referring court or tribunal.
5804	Special case to Supreme Court—person with legal disability
(SCR o 37 r 5)
	(1)	If a person with a legal disability is a party to the special case, the special case must not be set down for hearing without the Supreme Court’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(2)	The application for leave must be supported by sufficient evidence that the statements contained in the special case are true, as far as they affect the interests of the person with a legal disability.
5805	Special case to Supreme Court—directions hearing
(SCR o 37 r 6)
After the special case is filed under rule 5803, the registrar must—
	(a)	set a date for a directions hearing; and
	(b)	tell the parties the date set for the directions hearing.
5806	Special case to Supreme Court—setting down for hearing
(SCR o 86 r 69)
At the directions hearing, the registrar must—
	(a)	if satisfied that all the active parties have been served with the special case, and the special case is ready for hearing—
	(i)	set a date for the hearing of the special case; and
	(ii)	tell the parties the date set for the hearing; or
	(b)	adjourn the directions hearing.
5807	Special case to Supreme Court—insufficient statement of case
(SCR o 37 r 6A)
	(1)	This rule applies if it appears to the Supreme Court that the special case does not state the facts, and have attached the documents, necessary to allow the Supreme Court to decide the questions raised by the special case or otherwise to hear and decide the proceeding on the special case.
	(2)	The Supreme Court may—
	(a)	with each active party’s agreement, amend the special case; or
	(b)	send the special case back to the initiating party for the party to amend the special case in the way stated by the court; or
	(c)	for a proceeding that is a civil proceeding—receive evidence, make findings of fact, and amend the special case accordingly.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5808	Special case to Supreme Court—court can draw inferences
(SCR o 86 r 70)
For a special case under this division, the Supreme Court may draw from the facts stated in, and the documents attached to, the special case any inference (of fact or law) that might have been drawn from them if proved at a trial.
5809	Special case to Supreme Court—agreement about damages and costs
(SCR o 37 r 7)
	(1)	The parties to a special case may enter into a written agreement that, on the Supreme Court’s decision in the affirmative or negative on the questions raised by the special case, a stated amount must be paid by a party to another party, either with or without costs of the proceeding.
	(2)	Judgment may be given for the stated amount with or without costs, and the judgment may be enforced immediately unless otherwise agreed or stayed on appeal.
	(3)	In this rule:
stated amount means—
	(a)	an amount agreed by the parties; or
	(b)	an amount set by the Supreme Court; or
	(c)	an amount set in the way agreed by the parties or as the Supreme Court orders.
Division 5.7.2	Questions referred—Court of Appeal
5830	Application—div 5.7.2
This division applies to a question referred to the Court of Appeal from the Supreme Court, other than a reference appeal to which division 5.6.2 (Reference appeals—Court of Appeal) applies.
5831	Definitions—div 5.7.2
(SCR o 86 r 1)
In this division:
question referred, to the Court of Appeal—a reference to a question referred to the Court of Appeal is a reference to a case stated, or question reserved, by the Supreme Court to the Court of Appeal.
Supreme Court—
	(a)	means the Supreme Court otherwise than when it is the Court of Appeal; but
	(b)	does not include—
	(i)	a Full Court exercising appellate jurisdiction; or
	(ii)	the registrar.
5832	Question referred to Court of Appeal—form
(SCR o 86 r 67; Qld r 781 (1))
	(1)	A question referred to the Court of Appeal must be in the form of a special case.
Note	See approved form 5.25 (Court of Appeal—special case) AF2006-409.
	(2)	The special case must—
	(a)	state the questions to be decided; and
	(b)	briefly state the facts, and have attached all documents, necessary to allow the Court of Appeal to decide the questions raised by the special case; and
	(c)	be divided into paragraphs numbered consecutively.
	(3)	If the special case is to be presented in writing under part 5.8 (Written cases), the special case must state that it is to be presented in that way.
5833	Special case to Court of Appeal—preparation and settling
(SCR o 86 r 68)
Unless the Supreme Court otherwise orders, the special case must be—
	(a)	prepared in draft by the party having conduct of the special case after consultation with each other active party; and
Note	Active party is defined in the dictionary.
	(b)	settled by the Supreme Court; and
	(c)	served on each active party; and
	(d)	filed in the Supreme Court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
5834	Special case to Court of Appeal—setting down for hearing
(SCR o 86 r 69; Qld r 781 (2))
On filing of the special case in the Supreme Court, the registrar, if satisfied that all the active parties have been served with the special case, must—
	(a)	set a date for the hearing of the special case; and
	(b)	tell the parties the date set for the hearing.
5835	Special case to Court of Appeal—court can draw inferences
(SCR o 86 r 70; Qld r 781 (3) (b))
For a special case under this division, the Court of Appeal may draw from the facts stated in, and the documents attached to, the special case any inference (of fact or law) that might have been drawn from them if proved at trial.
5836	Special case to Court of Appeal—agreement about damages and costs
(SCR o 37 r 7)
	(1)	The parties to a special case may enter into a written agreement that, on the Court of Appeal’s decision in the affirmative or negative on the questions raised by the special case, a stated amount must be paid by a party to another party, either with or without costs of the proceeding.
	(2)	Judgment may be given for the stated amount with or without costs, and the judgment may be enforced immediately unless otherwise agreed or stayed on appeal.
	(3)	In this rule:
stated amount means—
	(a)	an amount agreed by the parties; or
	(b)	an amount set by the Court of Appeal; or
	(c)	an amount set in the way agreed by the parties or as the Court of Appeal orders.

Part 5.8	Written cases
    
5850	Definitions—pt 5.8
(SCR o 86 r 77)
In this part:
appeal means—
	(a)	an application for further time to apply for leave to appeal under part 5.3 (Appeals to Supreme Court) or part 5.4 (Appeals to Court of Appeal); or
	(b)	an appeal or application for leave to appeal (or leave to appeal out of time) to the Supreme Court under part 5.3; or
	(c)	an appeal or application for leave to appeal (or leave to appeal out of time) to the Court of Appeal under part 5.4, and includes a convicted person’s application; or
Note	For the application of div 5.4.3 to an application under sdiv 5.4.7.3 (Appeals to Court of Appeal—leave to appeal out of time by DPP), see r 5520.
	(d)	an application for leave to file a notice of appeal under rule 5405 (2) (Appeals to Court of Appeal—time for filing notice of appeal).
appellant means—
	(a)	for an appeal to the Supreme Court—
	(i)	a person applying for further time to apply for leave to appeal under part 5.3; or
	(ii)	an applicant for leave to appeal under division 5.3.2 (Appeals to Supreme Court—leave to appeal) or division 5.3.3 (Appeals to Supreme Court—leave to appeal out of time); or
	(iii)	a person appealing under part 5.3; and
	(b)	for an appeal to the Court of Appeal—
	(i)	a person applying for further time to apply for leave to appeal under part 5.4; or
	(ii)	an applicant for leave to appeal under division 5.4.2 (Appeals to Court of Appeal—leave to appeal from interlocutory judgments) or division 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from final judgments); or
	(iii)	the convicted person for a conviction or sentence applying for leave to appeal under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person); or
	(iv)	an applicant for leave to file a notice of appeal under rule 5405 (2); or
	(v)	a person appealing under part 5.4.
convicted person’s application means an application under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person) by the convicted person for a conviction or sentence.
5851	Application of pt 5.8 to div 5.6.1 etc
(SCR o 86 r 78)
This part applies, with necessary changes, to—
	(a)	division 5.6.1 (Reference appeals—Supreme Court); and
	(b)	division 5.6.2 (Reference appeals—Court of Appeal); and
	(c)	division 5.7.1 (Questions referred—Supreme Court); and
	(d)	division 5.7.2 (Questions referred—Court of Appeal).
5852	Written cases—when used
(SCR o 86 r 79)
	(1)	If all the parties to an appeal indicate, in accordance with this chapter, that they want to present their cases in writing, the appeal may be dealt with by written cases.
	(2)	If any of the parties to an appeal does not indicate, in accordance with this chapter, that the party wants to present his or her case in writing, the appeal must be dealt with by oral hearing.
	(3)	Subrule (2) is subject to rule 5534 (2) (Appeals to Court of Appeal—written case and presence if convicted person appellant).
Note	Rule 5534 (2) provides that a convicted person who is the applicant or appellant may present the person’s case to the Court of Appeal in writing if the person wants to, whether or not the respondent director of public prosecutions presents his or her case in writing.
	(4)	This rule does not prevent the Court of Appeal or Supreme Court requiring the parties or a party to present oral argument.
5853	Written cases—appellant wants written case
(SCR o 86 r 80)
An appellant may indicate, in accordance with this chapter, that the appellant wants to present his or her case in writing.
Note	See the following provisions:
·	r 5071 (4) (Appeals to Supreme Court—application for leave to appeal)
·	r 5082 (4) (Appeals to Supreme Court—application for leave to appeal out of time)
·	r 5101 (3) (Appeals to Supreme Court—requirements for notice of appeal etc)
·	r 5311 (3) (Appeals to Court of Appeal—application for leave to appeal)
·	r 5332 (3) (Appeals to Court of Appeal—application for leave to appeal out of time)
·	r 5403 (3) (Appeals to Court of Appeal—requirements for notice of appeal etc)
·	r 5506 (4) (Appeals to Court of Appeal—application for leave to appeal out of time against conviction or sentence)
·	r 5751 (4) (Reference appeals to Supreme Court—application for reference appeal)
·	r 5771 (2) (Reference appeals to Court of Appeal—application for reference appeal)
·	r 5802 (3) (Question referred to Supreme Court—form)
·	r 5832 (3) (Question referred to Court of Appeal—form).
5854	Written cases—respondent wants written case
(SCR o 86 r 81)
	(1)	This rule applies if—
	(a)	an appellant indicates, in accordance with this chapter, that the appellant wants to present the appellant’s case in writing; and
	(b)	a respondent also wants to present his or her case in writing.
	(2)	The respondent must file a notice stating that the respondent wants to present the respondent’s case in writing.
	(3)	The notice must be filed, and a stamped copy served on each other party, not later than 7 days after the day the appellant’s application or notice of appeal is served on the respondent.
	(4)	If all the parties to an appeal indicate, in accordance with this chapter, that they want to present their cases in writing, the hearing date for the appeal is vacated on the filing of the respondent’s notice under subrule (2) (or, if there are 2 or more respondents, on the filing of the last notice under subrule (2)).
5855	Written cases—filing etc written case for application
(SCR o 86 r 82)
	(1)	This rule applies if an application is to be dealt with by written case.
	(2)	The appellant (or each appellant) must—
	(a)	if there is only 1 respondent—file the required number of copies of the appellant’s written case in the court, and serve a copy on the respondent not later than 28 days after the day the notice mentioned in rule 5854 (2) is served on the appellant; or
	(b)	if there are 2 or more respondents and the notice mentioned in rule 5854 (2) is served by them on different days—file the required number of copies of the appellant’s written case in the court, and serve a copy on each respondent not later than 28 days after the earliest of the days.
	(3)	The respondent (or each respondent) must file the required number of copies of the respondent’s written case in the court, and serve a copy on each other party not later than 28 days after the day the appellant’s written case is served on the respondent (or, if there are 2 or more appellants, the day the last of the appellants’ written cases are served on the respondent).
	(4)	An appellant may file the required number of copies of written submissions in reply to a respondent’s written case in the court, and serve a copy on the respondent (or each respondent) not later than 14 days after the day the respondent’s written case is served on the appellant.
	(5)	In this rule:
application means an application mentioned in rule 5850 (Definitions—pt 5.8), definition of appeal.
appellant means a person mentioned in rule 5850, definition of appellant, other than subparagraphs (a) (iii) and (b) (iv).
required number means—
	(a)	for an application to the Court of Appeal—4; or
	(b)	for an application to the Supreme Court—1.
5856	Written cases—filing etc written case for appeal
(SCR o 86 r 83)
	(1)	This rule applies if an appeal is to be dealt with by written case.
	(2)	The appellant (or each appellant) must file the required number of copies of the appellant’s written case in the court, and serve a copy on the respondent (or each respondent) not later than 28 days after the day the appeal papers are filed.
	(3)	The respondent (or each respondent) must file the required number of copies of the respondent’s written case in the court, and serve a copy on each other party not later than 35 days after the day the appellant’s written case is served on the respondent (or, if there are 2 or more appellants, the day the last of the appellants’ written cases are served on the respondent).
	(4)	An appellant may file the required number of copies of written submissions in reply to the respondent’s written case in the court, and serve a copy on the respondent (or each respondent) not later than 14 days after the day the respondent’s written case is served on the appellant.
	(5)	In this rule:
appeal means—
	(a)	an appeal to the Supreme Court under part 5.3 (Appeals to Supreme Court); or
	(b)	an appeal to the Court of Appeal under part 5.4 (Appeals to Court of Appeal).
appellant means a person appealing under part 5.3 or part 5.4.
required number means—
	(a)	for an appeal to the Court of Appeal—4; or
	(b)	for an appeal to the Supreme Court—1.
5857	Written cases—form
(SCR o 86 r 84)
	(1)	The written case of a party must—
	(a)	have a title that includes the title of the proceeding; and
	(b)	identify the party; and
	(c)	have consecutively numbered paragraphs; and
	(d)	state the issues; and
	(e)	state the argument to be made on each issue, mentioning the steps in the argument and any authority, legislation or finding of fact to be relied on for each step; and
	(f)	if there is to be a challenge to any of the findings of fact of the entity appealed from, state—
	(i)	the claimed error (including any failure to make a finding of fact); and
	(ii)	the reasons why the party considers the finding was an error; and
	(iii)	the finding that the party considers should have been made; and
	(g)	include a chronology of the facts; and
	(h)	include a list of authorities, legislation and texts relied on by the party that identifies them in accordance with rule 5139 (3) (Appeals to Supreme Court—list of authorities, legislation and texts) or rule 5440 (3) (Appeals to Court of Appeal—list of authorities, legislation and texts).
	(2)	If the written case relies on a matter in another document, a copy of the document must be attached to the case and the case must—
	(a)	for a document mentioned in subrule (1) (h)—identify the document as mentioned in that paragraph; and
	(b)	for a transcript—identify the relevant parts by page and line; and
	(c)	for other documents—if relevant, identify the page of the document relied on.
	(3)	A written case need not be printed or in bound form, but must be clear, legible and securely fastened.
5858	Written cases—inspection
(SCR o 86 r 85)
A written case cannot be inspected at the registry unless—
	(a)	all parties have filed their cases; or
	(b)	the appeal or application in which the written case is used has been decided.

Chapter 6	General rules for all proceedings
Part 6.1	Introductory provisions—ch 6
    
6000	Application—ch 6
	(1)	This chapter applies to every proceeding in the Supreme Court or Magistrates Court to which these rules apply.
Note 1	Rule 4 (Application of rules) deals with the proceedings to which these rules apply.
Note 2	The Magistrates Court includes the Childrens Court (see Children and Young People Act 1999, s 53) and the Small Claims Court (see Magistrates Court Act 1930, s 279).
	(2)	However, this chapter does not apply to a proceeding as far as—
	(a)	this chapter provides that it does not apply to the proceeding; or
	(b)	another chapter makes provision for the proceeding or provides that this chapter does not apply to the proceeding; or
	(c)	another territory law provides that this chapter does not apply to the proceeding.

Part 6.2	Applications in proceedings
6005	Definitions—pt 6.2
(SCR o 54 r 1 and r 4 (6) and o 80 r 3)
In this part:
application in a proceeding—see rule 6006.
schedule of correspondence—a schedule of correspondence may include a copy of any of the following:
	(a)	an email;
	(b)	a fax;
	(c)	a legible, contemporaneous diary or file note of a conversation.
supporting material, for an application in a proceeding, means an affidavit, schedule of correspondence or anything else required by these rules to be, or otherwise properly, filed in the court in support of the application.
6006	Application—pt 6.2
	(1)	This part applies to an application in a proceeding in the court.
	(2)	An application in a proceeding includes—
	(a)	an application to the court about the proceeding, whether made during the proceeding or after judgment is given in the proceeding; or
	(b)	an application that a territory law requires be made in accordance with this part (however expressed).
Examples for par (a)
1	an application under part 2.18 (Enforcement) for an order appointing a receiver, or an order for seizure and detention of property
2	an application under rule 1603 (Orders—set off between enforceable money orders) for an order that a money order be set off against another money order of the same court
3	an application for leave to appeal to the Court of Appeal under rule 5311 (Appeals to Court of Appeal—application for leave to appeal)
4	an application for leave to appeal to the Court of Appeal under rule 5332 (Appeals to Court of Appeal—application for leave to appeal out of time)
Example for par (b)
an application for leave to start a proceeding in the Supreme Court by oral originating application under rule 37 (When oral originating application may be made in Supreme Court)
Note 1	For the making of orders before a proceeding starts, see r 706 (Urgent orders before start of proceeding).
Note 2	A territory law includes these rules (see Legislation Act, s 98).
Note 3	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	However, an application in a proceeding does not include—
	(a)	an application that is required under a territory law to be made to the registrar unless a territory law provides that this part applies to the application; or
	(b)	an application if these rules provide that this part does not apply to the application.
6007	Application in proceeding—contents
(SCR o 54 r 3 and o 80 r 3; MC(CJ)R s 123; NSW r 18.3; Qld r 31)
	(1)	An application in a proceeding must identify the person making the application—
	(a)	if the person is already a party to the proceeding—as the party (for example, as plaintiff or defendant); or
	(b)	if the person is not yet a party to the proceeding—as the applicant.
Note 1	See approved form 6.2 (Application in proceeding) AF2006-410.
Note 2	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	An application in a proceeding must name as a person against whom relief is sought anyone whose interests may be affected by the granting of the relief.
	(3)	An application in a proceeding must identify each person against whom relief is sought—
	(a)	if the person is already a party to the proceeding—as the party (for example, as plaintiff or defendant); or
	(b)	if the person is not yet a party to the proceeding—as the respondent.
	(4)	If the person making the application is not already an active party, the application must state an address for service for the person.
Note	Address for service is defined in the dictionary.
	(5)	The application—
	(a)	may be supported by—
	(i)	an affidavit setting out the facts relied on; or
	(ii)	a schedule of correspondence; or
	(iii)	anything else properly filed in support of the application; and
	(b)	must be supported by anything required by these rules to be filed in the court in support of the application; and
	(c)	must be accompanied by anything required by these rules to accompany the application.
Note	Rule 6746 (Div 6.10.3 application—hearing) provides that the court may receive affidavit evidence in relation to a div 6.10.3 application only if the court directs.
	(6)	If the court considers that the supporting material (if any) is insufficient to support the application, it may—
	(a)	adjourn the hearing of the application; and
	(b)	make any other orders it considers appropriate, including an order that supporting material or further supporting material be prepared.
	(7)	If the court orders that supporting material or further supporting material be prepared, the material must be filed in the court and served at least 2 days before the return date for the application.
Note	See example to r 6008 (1).
6008	Application in proceeding—filing and service
(SCR o 54 r 4 and r 9 and o 80 r 3; MC(CJ)R s 123; NSW r 18.2 (1), r 18.4 and r 18.5)
	(1)	An application in a proceeding must be filed in the court, and, unless these rules otherwise provide, a stamped copy served on each other party, not later than 2 days before the return date for the application.
Example
If the return date is Friday, that day and the day the application is served are not counted in working out the 2 days.  For service to be valid, the application must be served on or before the Tuesday before the return date.
Note 1	See r 6015 (Application in proceeding—applications under r 40).
Note 2	See the Legislation Act, s 151 (Working out periods of time generally) and these rules, pt 6.7 (Time).
Note 3	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	However, a party to the proceeding who is not an active party need not be served with the application unless the application seeks an order requiring the party to do, or not to do, something.
	(3)	If the application is to be served on a person who is not an active party, the application must be served—
	(a)	personally unless the court otherwise orders; and
	(b)	not later than 2 days before the return date.
Note	This part applies to an application for an order otherwise ordering.
	(4)	The court may order service of the application on anyone it considers appropriate.
Note	This part applies to an application for an order under r (4).
6009	Application in proceeding—filing and service of supporting material
(SCR o 54 r 2 and o 80 r 3)
	(1)	If an application in a proceeding is to be filed in the court, the supporting material (if any) for the application must be filed with the application.
	(2)	If an application in a proceeding is to be served, the supporting material (if any) for the application must be served with the application.
6010	Application in proceeding—absence of party
(SCR o 54 r 10 and o 80 r 3; NSW r 18.7)
The court may hear and decide an application in a proceeding in the absence of a party to the proceeding if—
	(a)	service of the application on the absent party is not required under these rules or by an order of the court; or
	(b)	the application has been served on the absent party in accordance with these rules; or
	(c)	these rules provide that the application may be heard in the absence of the party.
6011	Application in proceeding—dismissal or adjournment if application not served etc
(SCR o 54 r 11 and o 80 r 3)
	(1)	This rule applies if—
	(a)	a person has not been served with an application in a proceeding; and
	(b)	on the hearing of the application, the court considers that the person should have been served.
	(2)	The court may—
	(a)	dismiss the application; or
	(b)	adjourn the hearing of the application so that the application can be served on the person.
6012	Application in proceeding—adjournment generally
(SCR o 54 r 13, o 56A r 2 and o 80 r 3)
	(1)	The court may adjourn the hearing of an application in a proceeding.
Note	Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.
	(2)	Without limiting subrule (1), the court may adjourn the hearing of an application in a proceeding if, at the hearing—
	(a)	a party to the application who is represented by a solicitor does not appear either personally or by the solicitor; and
	(b)	the applicant produces to the court a copy of the application endorsed with the agreement of the party’s solicitor to the adjournment of the hearing.
6013	Application in proceeding—adjournment without attendance
(SCR o 54 r 12, o 56A r 3 and o 80 r 3)
	(1)	This rule applies if, at least 2 days before the return date for an application in a proceeding or a later date set by the court for hearing the application, a document is filed in the court that—
	(a)	states that each party to the application agrees to the adjournment of the application; and
	(b)	is signed by each party’s solicitor.
Note	See approved form 6.3 (Agreement to adjournment of application) AF2006-411.
	(2)	The court may—
	(a)	adjourn the hearing without any of the parties attending before the court; or 
	(b)	direct the parties to attend before the court on a stated date.
	(3)	If the court adjourns the hearing in the absence of the parties, the registrar must tell the parties the adjourned date for the hearing.
6014	Application in proceeding—further hearing
(SCR o 54 r 14 and o 80 r 3; NSW r 18.8)
	(1)	This rule applies if—
	(a)	an application in a proceeding (the original application) has been filed in the court and served; and
	(b)	the application is not dealt with on the return date for the application.
	(2)	The court may adjourn the application.
	(3)	A further application must be filed if the court orders it to be filed.
Note	This part applies to an application for an order under this rule.
	(4)	The further application must be served on a party if—
	(a)	the court orders service on the party; or
	(b)	the party was not served with the original application.
6015	Application in proceeding—application under r 40
(SCR o 13 r 17 (3) (a))
An application for an order under rule 40 (Setting aside originating process etc) in relation to an originating process must be filed within the time mentioned in rule 102 (Notice of intention to respond or defence—filing and service) for filing a notice of intention to respond to the originating process or, if the application is for an order in relation to an originating claim and no notice of intention to respond is filed, a defence.
6016	Application in proceeding—oral application
(SCR o 54 r 4 (3) and o 80 r 3; MC(CJ)R s 123; Qld r 32)
A person may make an application in a proceeding to the court orally if—
	(a)	the preparation of a written application, or the filing in the court or service of a written application, would cause unreasonable delay or other prejudice to the person; or
	(b)	each active party to the proceeding, and, if the respondent to the application is not an active party, the respondent, agrees to the application being made orally; or
	(c)	an application may be made under these rules without filing or serving the application; or
	(d)	the court orders that the person does not have to file or serve a written application; or
	(e)	these rules otherwise allow the application to be made orally.

Part 6.3	Documents
Division 6.3.1	General provisions about documents for filing
6100	Application—div 6.3.1
(SCR o 66 r 1 and o 80 r 3; NSW r 4.1;Qld r 960)
	(1)	This division applies to a document that is prepared by a party to a proceeding for use by or in the court, and includes an originating process or other document starting a proceeding.
	(2)	However, this division does not apply to an annexure or exhibit except to the extent otherwise expressly provided.
6101	Documents—compliance with approved form
	(1)	If an approved form for a document requires particular information to be included in the document or a particular document (including an annexure or exhibit) to be attached to, or filed with the document, the document is properly completed only if the requirement is complied with.
Note 1	Substantial compliance with an approved form is otherwise sufficient (see Legislation Act, s 255 (4)), unless the Legislation Act, s 255 (5) applies (see note to r (3)).
Note 2	The court may, by order, dispense with compliance with these rules (see r 6 (Dispensing with rules)).
	(2)	Subrule (1) has effect despite the Legislation Act, section 255 (6).
	(3)	To remove any doubt, this rule does not affect the Legislation Act, section 255 (5).
Note	Under the Legislation Act, s 255 (5), if a form requires any of the following, substantial compliance with the form is not sufficient and the form is properly completed only if the requirement is complied with:
	(a)	the form to be signed;
	(b)	the form to be prepared in a particular way (for example, on paper of a particular size or quality or in a particular electronic form);
	(c)	the form to be completed in a particular way;
	(d)	particular information to be included in the form, or a particular document to be attached to or given with the form;
	(e)	the form, information in the form, or a document attached to or given with the form, to be verified in a particular way (for example, by statutory declaration).
6102	Documents—general heading style
(SCR o 66 r 2 and o 80 r 3; MC(CJ)R s 472; NSW r 4.2; Qld r 6)
	(1)	A document for use in relation to a proceeding, and for which there is an approved form, must be headed in the way set out in the form.
	(2)	However, a document in a civil proceeding may be headed using an abbreviation of title sufficient to identify the proceeding.
Example
AB and others
Defendants
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Subrule (2) does not apply to—
	(a)	an originating process; or
	(b)	a document to be served on a person not a party to the proceeding; or
	(c)	an order.
	(4)	If the parties to a proceeding change, the names of the parties on each document filed after the change must reflect the state of the parties after the change.
6103	Documents—layout etc
(SCR o 66 r 3 to r 5 and r 7 and o 80 r 3; MC(CJ)R s 473 (1); NSW r 4.3; Qld r 961)
	(1)	A document—
	(a)	must be on A4 size paper that—
	(i)	is white; and
	(ii)	is durable; and
	(iii)	is free from discolouration or blemishes; and
	(b)	may be single-sided (that is, with writing on 1 side of each sheet) or double-sided (that is, with writing on both sides of each sheet), but not partly single-sided and partly double‑sided); and
	(c)	must have all its pages and all attachments securely bound together in a way satisfactory to the registrar; and
	(d)	must have pages (that is, the sides of the sheets that have writing) that are numbered consecutively after the first page (if any); and
	(e)	must have clear margins no smaller than 20mm on the top, bottom and right sides; and
	(f)	must have a clear margin on the left side no smaller than 25mm; and
	(g)	must be written—
	(i)	if handwritten—in legible writing; and
	(ii)	if typewritten—with type no smaller than 1.8mm (10 point); and
	(iii)	with each line of writing separated from any previous line of writing by a space no smaller than 3mm; and
	(iv)	in a way that is permanent and can be photocopied to produce a copy satisfactory to the registrar.
	(2)	Subrule (1) (a) and (b) apply to an annexure or exhibit to a document if the annexure or exhibit is a copy of a document.
	(3)	Subrule (1) (c) and (d) apply to an annexure to a document as if the annexure formed part of the document.
Example
The pages of a document and its annexure must be numbered consecutively through the document and annexure (after the first page).
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	Subrule (1) (c) and (d) apply to an exhibit to a document.
	(5)	This rule does not apply to a document to the extent to which the nature of the document makes compliance impracticable.
	(6)	The registrar may dispense with compliance with any requirement of this rule.
6104	Documents—use of copies
On application by a party to a proceeding or on its own initiative, the court may give leave for a fax or other copy of a document to be used.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
6105	Documents—use of figures
(SCR o 66 r 6 and o 80 r 3; MC(CJ)R s 473 (2); NSW r 4.7; Qld r 962)
Amounts, dates, mathematical expressions and numbers in a document must, as far as practicable, be expressed using figures and not words.
6106	Documents—signing
(SCR o 66 r 10 and o 80 r 3; MC(CJ)R s 16 and s 476; NSW r 4.4; Qld r 19)
	(1)	If a party is represented by a solicitor in a proceeding, a document filed in the proceeding for the party that is required to be signed must be signed by—
	(a)	the solicitor; or
	(b)	a solicitor who is the solicitor’s agent for the proceeding; or
	(c)	another solicitor belonging to the same firm or other entity (whether as partner or employee) as the solicitor or agent.
	(2)	If a party is not represented by a solicitor in a proceeding, a document filed in the proceeding for the party that is required to be signed must be signed by—
	(a)	the party; or
	(b)	someone else allowed under these rules to start, defend or carry on the proceeding for the party.
Note	If the party is a person with a legal disability, anything required or allowed to be done in the proceeding may be done only by the party’s litigation guardian (see r 275 (3) (Person with legal disability—litigation guardian to start proceeding etc)).
	(3)	A person signing a document under subrule (1) or (2) (b) must state the capacity in which the person signs the document.
6107	Documents—alterations
(SCR o 66 r 4 and o 80 r 3; MC(CJ)R s 473 (1) (d); Qld r 963)
	(1)	An alteration on a document must be made by—
	(a)	striking through the writing intended to be altered so that the original writing is still legible; and
	(b)	having the alteration signed or initialled by—
	(i)	if the document is signed—everyone who signed the document; or
	(ii)	if the document is signed and witnessed—everyone who signed and witnessed the document; or
	(iii)	if the document is not signed, or signed and witnessed—the party filing the document.
	(2)	The alteration may be handwritten.
	(3)	However, if the alteration is handwritten, it must be—
	(a)	legible; and
	(b)	made in a way that is—
	(i)	permanent; and
	(ii)	can be photocopied to produce a copy satisfactory to the registrar.
	(4)	A document cannot be filed if it contains an alteration that causes a material disfigurement.
	(5)	In this rule:
alteration includes an alteration by omission, substitution or addition.
Note	Pt 2.7 (Amendment) deals with the amendment of filed documents.
Division 6.3.2	Filing documents
6120	Filing documents—number of copies
(SCR o 2 r 16 (1) and o 80 r 3; MC(CJ)R s 13 (1); NSW r 4.12(1); Qld r 20)
When filing a document in the court, a person must file—
	(a)	the original; and
	(b)	enough copies for service and proof of service, if required by a territory law or an order of the court.
Note	A territory law includes these rules (see Legislation Act, s 98).
6121	How documents may be filed
(NSW r 4.10 (1); Qld r 967 (1))
A document may be filed in the court by—
	(a)	delivering it to the registry personally; or
	(b)	sending it to the registry by post in accordance with rule 6123 (Filing documents by post); or
	(c)	delivering or sending it to the registry’s document exchange box in accordance with rule 6124 (Filing documents by document exchange); or
	(d)	faxing it to the registry’s fax number for the filing of documents; or
	(e)	if filing by electronic communication is allowed under a practice note—complying with the practice note.
6122	Filing documents personally
(NSW r 4.10; Qld r 968)
	(1)	This rule applies to a document filed in the court by personal delivery to the registry.
	(2)	However, this rule does not apply to an exhibit or another document that does not require sealing or stamping.
	(3)	The registrar may—
	(a)	record the filing of the document and, if appropriate, seal or stamp the document; or
	(b)	reject the document under division 6.3.3 (Rejecting filed documents).
	(4)	If the registrar records the filing of the document, the registrar must return any copies of the document filed with the document for sealing or stamping.
6123	Filing documents by post
(Qld r 969)
	(1)	This rule applies to a document filed in the court by post.
	(2)	The person filing the document must send the document to the registry by prepaid post, addressed to the registrar, in an envelope marked with a note to the effect that it contains court documents.
	(3)	The person filing the document must also ensure the document is accompanied by the following:
	(a)	any copies of the document for sealing or stamping;
	(b)	a stamped envelope addressed to the person filing the document or the person’s solicitor;
	(c)	if a fee is determined under the Court Procedures Act 2004, section 13 for filing the document—the fee in a form satisfactory to the registrar.
Note	The Legislation Act, s 54 requires a filing fee to be paid before filing.
	(4)	The registrar may—
	(a)	record the filing of the document and, if appropriate, seal or stamp the document; or
	(b)	reject the document under division 6.3.3 (Rejecting filed documents).
	(5)	If the registrar records the filing of the document, the registrar must return any copies of the document filed with the document for sealing or stamping in the envelope provided by the person filing the document.
	(6)	If the court enters a default judgment after a request for the judgment is filed by post, the registrar must return the default judgment in the envelope provided by the person filing the request.
	(7)	A person files a document by post at the person’s risk.
6124	Filing documents by document exchange
	(1)	This rule applies to a document filed in the court by delivering or sending the document to the registry’s document exchange box.
	(2)	The person filing the document must ensure the document is delivered or sent to the registry’s document exchange box, addressed to the registrar, in an envelope marked with a note to the effect that it contains court documents.
	(3)	The person filing the document must also ensure the document is accompanied by the following:
	(a)	any copies of the document for sealing or stamping;
	(b)	an envelope addressed to the document exchange box number of the person filing the document or the person’s solicitor;
	(c)	if a fee is determined under the Court Procedures Act 2004, section 13 for filing the document—the fee in a form satisfactory to the registrar.
Note	The Legislation Act, s 54 requires a filing fee to be paid before filing.
	(4)	The registrar may—
	(a)	record the filing of the document and, if appropriate, seal or stamp the document; or
	(b)	reject the document under division 6.3.3 (Rejecting filed documents).
	(5)	If the registrar records the filing of the document, the registrar must return any copies of the document filed with the document for sealing or stamping in the envelope provided by the person filing the document.
	(6)	If the court enters a default judgment after a request for the judgment is filed by document exchange, the registrar must return the default judgment in the envelope provided by the person filing the request.
	(7)	A person files a document by document exchange at the person’s risk.
6125	Practice notes about filing
(SCR o 34 r 27, Qld r 967 (2))
	(1)	A practice note may make provision in relation to—
	(a)	the documents that must be filed in the court by being delivered to a registry personally; or
	(b)	the documents that must not be filed in the court using a particular method of filing; or
	(c)	filing documents in the court by electronic communication.
	(2)	A practice note must be complied with despite anything in these rules.
6126	Date of filing
(SCR o 62 r 4 and r 5)
	(1)	The registrar must record the date of filing in the court of each filed document.
	(2)	For these rules, the date of filing is the date of—
	(a)	for a document filed in the court by personal delivery to the registry—the day it is delivered to the registry; or
	(b)	for a document filed in the court by post—the day it is received at the registry; or
	(c)	for a document filed in the court by delivery or sending it to the registry’s document exchange box—the day it is received at the registry; or
	(d)	for a document filed in the court by being faxed to the registry’s fax number before 4 pm on a day the registry is open—that day; or
	(e)	for a document filed in the court by being faxed to the registry’s fax number on a day the registry is not open or after 4 pm on a day the registry is open—the next day the registry is open; or
	(f)	for a document filed in the court by electronic communication under a practice note—in accordance with the practice note.
Note	See also r 6145 (Filed documents initially rejected).
	(3)	However, if the registrar opens the registry for a document to be filed in the court under subrule (2) (e), the date of filing for the document is the date the document is faxed to the registry’s fax number.
	(4)	For this rule, a document is taken to have been faxed to the registry’s fax number only if it is received at that number.
	(5)	For this rule, it does not matter when the registrar records the date of filing.
	(6)	The date of filing must be written on the filed document.
Division 6.3.3	Rejecting filed documents
6140	Rejecting documents—noncompliance with rules etc
(SCR o 66 r 10A (1) and o 80 r 3; MC(CJ)R s 475)
The registrar may reject a document that is filed in the court if—
	(a)	the document does not comply with division 6.3.1 (General provisions about documents for filing) as far as the document can comply; or
	(b)	there is an approved form for the document and the document is not properly completed; or
Note	See r 6101 (Documents—compliance with approved form).
	(c)	a fee determined under the Court Procedures Act 2004, section 13 is payable for filing the document and the fee has not been paid; or
Note	The Legislation Act, s 54 requires a filing fee to be paid before filing.
	(d)	the document does not otherwise comply with these rules.
6141	Rejecting documents—inconvenient address for service
(SCR o 10 r 14)
The registrar may reject a document that is filed in the court if the address for service stated in the document is manifestly inconvenient for a party or the court.
Note	Address for service is defined in the dictionary.
6142	Rejecting documents—abuse of process etc
(SCR o 66 r 10B and o 80 r 3; MC(CJ)R s 474; NSW r 5.15; Qld r 15 and r 973)
	(1)	This rule applies if a document that is filed in the court appears to the registrar on its face to be an abuse of the court’s process or to be frivolous or vexatious.
	(2)	The registrar may—
	(a)	reject the document; or
	(b)	refer the document to a judicial officer for directions about how to deal with it.
	(3)	If the registrar refers the document to a judicial officer, the judicial officer may direct the registrar—
	(a)	to accept the document; or
	(b)	to reject the document; or
	(c)	to reject the document unless the court gives leave to accept the document.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(4)	This rule applies to a written notification under rule 6613 (Documents and things in custody of court) as if it were a document filed in the court.
	(5)	In this rule:
judicial officer means—
	(a)	for the Supreme Court—a judge or the master; or
	(b)	for the Magistrates Court—a magistrate.
6143	Rejecting document—registrar to give notice etc
(MC(CJ)R s 475)
	(1)	If the registrar rejects a document under this division—
	(a)	the registrar must give notice of the rejection, and of the grounds of the rejection, to the person who filed the document in the court; and
	(b)	the registrar must return the document and copies of the document filed with the document; and
	(c)	the document is taken not to have been filed.
	(2)	Subrule (1) (c) is subject to rule 6145 (Filed documents initially rejected).
Note	See r 6144 in relation to costs incurred by a party in relation to a rejected document.
6144	Rejecting document—costs
(SCR o 66 r 10A (2) and o 80 r 3)
Costs incurred by a party in relation to a document rejected under this division may be disallowed on assessment of the party’s costs.
6145	Filed documents initially rejected
	(1)	This rule applies to a document if—
	(a)	the registrar rejects the document under this division; but
	(b)	either—
	(i)	the registrar subsequently accepts the document; or
	(ii)	the court or a judicial officer subsequently directs the registrar to accept the document.
	(2)	The registrar must record the filing of the document in the court and, if appropriate, seal or stamp the document.
	(3)	If the registrar records the filing of the document, the registrar must return any copies of the document filed with the document for sealing or stamping.
	(4)	The document is taken to have been filed in the court on the day it would have been filed if the registrar had not rejected the document.
Note	Rule 6126 (2) (Date of filing) deals with the date of filing.
	(5)	If the document is rejected by the registrar (whether or not more than once), the document is taken to have been filed in the court on the day it was first filed.

Part 6.4	Master
    
6200	Jurisdiction exercisable by master
(SCR o 61A r 1 and r 4)
	(1)	The civil jurisdiction (including the inherent jurisdiction) of the Supreme Court that is exercisable by a single judge may be exercised by the master.
Examples
1	certain appeals to the Supreme Court mentioned in pt 5.3 (Appeals to Supreme Court) (see r 5051, table 5051)
2	certain questions referred to the Supreme Court mentioned in div 5.7.1 (Questions referred—Supreme Court) (see r 5800, table 5800).
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The master may exercise the jurisdiction of the Supreme Court—
	(a)	in hearing and deciding applications for further time under the Magistrates Court Act 1930, section 209 (1) to file a notice of appeal; and
	(b)	in hearing and deciding applications for an order under the Magistrates Court Act 1930, section 210 about serving a notice of appeal.
	(3)	However, the master may not exercise the jurisdiction of the Supreme Court—
	(a)	to hear or decide an appeal from an interlocutory judgment of the master; or
	(b)	under the Legal Profession Act 2006.
Note	Appeals from non-interlocutory judgments of the master are to the Court of Appeal (see Supreme Court Act 1933, s 9 (2) (b)).
6201	Order that jurisdiction in proceeding be exercised by judge instead of master
(SCA s 15)
	(1)	If the jurisdiction of the court is to be, or is being, exercised in a proceeding by the master, a judge may order that the jurisdiction of the court in the proceeding be exercised by a judge.
	(2)	A judge may make an order under this rule—
	(a)	on application by a party to the proceeding; and
	(b)	at any time before the end of the proceeding before the master.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	If a judge makes an order under this rule, the judge may—
	(a)	hear and decide the proceeding; or
	(b)	decide an issue in the proceeding and refer the proceeding back to the master and give the directions (if any) the judge considers appropriate in relation to the proceeding.
6202	Master referring proceeding or issue to judge
(SCA s 15; SCR o 61A r 4B)
	(1)	If the jurisdiction of the court is to be, or is being, exercised in a proceeding by the master, the master may refer the proceeding or an issue in the proceeding to a judge if the master considers that it would be appropriate for the proceeding or issue to be decided by a judge.
	(2)	If the master refers the proceeding to a judge, the judge may—
	(a)	hear and decide the proceeding; or
	(b)	refer the proceeding back to the master and give the directions (if any) the judge considers appropriate in relation to the proceeding.
	(3)	If the master refers an issue in the proceeding to a judge, the judge may decide the issue or refer the issue back to the master and give the directions (if any) the judge considers appropriate in relation to the proceeding.

Part 6.5	Registrar
6250	Jurisdiction exercisable by registrar of Supreme Court
(SCR o 61 r 3; NSWA s 12; Qld r 451 and r 452)
	(1)	This rule applies only to the registrar of the Supreme Court.
	(2)	The registrar may exercise the following jurisdiction of the court:
	(a)	to hear and decide an application in a proceeding, other than an application under a provision of these rules mentioned in schedule 5, part 5.1;
Note	Application in a proceeding is defined in r 6006 (Application—pt 6.2).
	(b)	to hear and decide an originating application mentioned in any of the following provisions of these rules:
·	rule 6 (4) (Dispensing with rules)
·	rule 30 (6) (Who may start and carry on a proceeding)
·	rule 211 (4) (Including parties—common issues of law or fact)
·	rule 280 (10) (Litigation guardian—appointment and removal by court)
·	rule 650 (2) (Discovery to identify potential defendant)
·	rule 651 (2) (Discovery to identify right to claim relief);
	(c)	in relation to an application for default judgment under rule 1118 (3) (Default judgment—generally) or rule 1138 (3) (Default judgment—partial defence);
	(d)	in relation to a directions hearing under rule 1303 (Directions hearing—category C proceedings) or rule 1308 (Directions hearing—category A, category B and category D proceedings);
	(e)	in relation to a listing hearing under rule 1309 (Listing hearing);
	(f)	in relation to the setting down under rule 1310 (Special fixture) of a proceeding for trial as a special fixture;
	(g)	to hear and decide a proceeding on an application for directions under rule 1403 (Decision in proceeding);
	(h)	the setting of a date for a directions hearing under rule 1522 (Separate decisions on questions—directions);
	(i)	in relation to an application mentioned in any of the following rules:
·	rule 2010 (Enforcement—enforcement of Magistrates Court order in Supreme Court)
·	rule 2052 (Enforcement orders—duration and renewal of certain enforcement orders given to enforcement officers)
·	rule 2100 (Enforcement hearing—application by enforcement creditor)
·	rule 2101 (Enforcement hearing—otherwise than on enforcement creditor’s application)
·	rule 2151 (Instalment order—application by enforcement debtor)
·	rule 2201 (Seizure and sale order—application)
·	rule 2218 (Seizure and sale order—additional provisions relating to land)
·	rule 2219 (Seizure and sale order—power of entry for auction of land)
·	rule 2302 (Debt redirection order—application)
·	rule 2311 (Debt redirection order—third person disputes liability)
·	rule 2351 (Earnings redirection order—application)
·	rule 2402 (Charging order—application)
·	rule 2451 (Order for delivery of possession of land—making)
·	rule 2460 (Order for seizure and delivery of goods—making);
	(j)	in relation to an enforcement hearing under division 2.18.3 (Enforcement of money orders—enforcement hearings);
	(k)	in relation to an instalment order agreement under rule 2157 (Instalment order—instalment order agreement);
	(l)	in relation to the giving of directions under rule 2307 (Debt redirection order—claim by someone else);
	(m)	in relation to a notice of objection under rule 2311 (Debt redirection order—third person disputes liability);
	(n)	under division 2.20.2 (Taking of accounts), division 2.20.3 (Making of inquiries) and division 2.20.4 (Executors, administrators and trustees—accounts and commission);
	(o)	in relation to an application for grant of representation of the estate of a deceased person under part 3.1 (Administration and probate) (including an application under the Administration and Probate Act 1929, section 80 (Reseal of grant made in reciprocating jurisdiction)), other than an application in relation to which a caveat is in force or to which division 3.1.9 (Other probate proceedings) applies;
	(p)	in relation to an application mentioned in rule 3080 (3) (Revocation of grant—urgent order before start of proceeding);
	(q)	in relation to an application under part 3.8 (Foreign judgments—reciprocal enforcement);
	(r)	in relation to the giving of directions under rule 3565 (Judicial review—directions on return date);
	(s)	in relation to an application under rule 6439 (Service of originating application to recover unoccupied land);
	(t)	in relation to an application for leave under rule 6481 (Subpoena—service on medical expert);
	(u)	in relation to the making of an order under rule 6510 (9) (Service outside Australia—service in convention countries) or rule 6511 (14) (Service outside Australia—service in non‑convention countries);
	(v)	in relation to an application for leave under rule 6603 (Subpoena to produce—leave to serve late).
	(3)	The registrar may also exercise the following jurisdiction of the court:
	(a)	under a provision of the Australian Securities and Investments Commission Act 2001 (Cwlth) mentioned in column 2 of an item in schedule 5, part 5.3;
	(b)	under the Civil Law (Wrongs) Act 2002, chapter 6 (Expert medical evidence);
	(c)	under the following provisions of the Commercial Arbitration Act 1986:
·	section 17 (Subpoenas to attend etc)
·	section 34 (2) (Costs);
	(d)	under a provision of the Corporations Act mentioned in column 2, or a provision of schedule 6 mentioned in column 3, of an item in schedule 5, part 5.2;
	(e)	under the Legal Profession Act 2006, division 3.2.7 (Costs review);
	(f)	under the following provisions of the Service and Execution of Process Act 1992 (Cwlth):
·	section 11 (8) (Proof of service)
·	section 17 (1) (b) (Time for appearance)
·	section 30 (1) (b) (Time for service)
·	section 35 (3) (Entitlement to expenses)
·	section 45 (3) (Entitlement to expenses)
·	section 105 (4) (Enforcement of judgments).
Note	The court may order the registrar to do, or not do, an act relating to the registrar’s duties (see r 6904 (Mandatory order to registrar etc)).
	(4)	The registrar may exercise the jurisdiction of the Court of Appeal under the following provisions:
	rule 5416 (2) (d) (Appeals to Court of Appeal—notice of contention)
	rule 5432 (Appeals to Court of Appeal—settlement of appeal papers)
	rule 5535 (1) (a) and (2) (Appeals to Court of Appeal—order for production of prisoner).
	(5)	If the registrar may exercise the jurisdiction of the court to hear and decide an application in a proceeding about a matter under subrule (2) (a), the registrar may, on the registrar’s own initiative, exercise the jurisdiction of the court in relation to the matter even if there is no application.
	(6)	If, under this rule, the registrar may exercise the jurisdiction of the court in relation to a matter, the registrar may exercise the jurisdiction of the court to make any order the court could make, and do anything else the court could do, in relation to the matter, including making any order that the court could make, or doing anything the court could do, on its own initiative in relation to the matter.
Example of thing court could do
issue warrant
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(7)	In this rule:
registrar does not include a deputy registrar.
6252	Registrar’s powers—postponement of hearing
(MC(CJ)R s 193)
	(1)	This rule applies if a judicial officer—
	(a)	is not available to exercise the jurisdiction of the court at the time set for the hearing of a proceeding; and
	(b)	is unlikely to become available within a reasonable time.
	(2)	The registrar may, if asked by a party to the proceeding, postpone the hearing to another date or time set by the registrar.
	(3)	In this rule:
judicial officer  means—
	(a)	for the Supreme Court—a judge or the master; or
	(b)	for the Magistrates Court—a magistrate.
6253	Registrar’s powers—subpoenas
(SCR o 61 r 3AA)
	(1)	This rule applies to a subpoena issued in a proceeding if the jurisdiction of the court in the proceeding is to be, or is being exercised, by the registrar.
	(2)	The registrar may hear and decide an objection under rule 6609 (Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on attendance) in relation to the subpoena instead of referring the objection to the court.
6254	Order that jurisdiction in proceeding be exercised by judicial officer other than registrar
(SCR o 61 r 3A; NSW r 45.17 and r 45.18; Qld r 453, r 456 and r 457)
	(1)	If the jurisdiction of the court is to be, or is being, exercised in a proceeding by the registrar, a judicial officer of the court may order that the jurisdiction of the court in the proceeding be exercised by a judicial officer of the court.
	(2)	A judicial officer may make an order under this rule—
	(a)	on application by a party to the proceeding; and
	(b)	at any time before the end of the proceeding before the registrar.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	If a judicial officer makes an order under this rule, the judicial officer exercising the jurisdiction of the court in the proceeding may—
	(a)	hear and decide the proceeding; or
	(b)	decide an issue in the proceeding and refer the proceeding back to the registrar and give the directions (if any) the judicial officer considers appropriate in relation to the proceeding.
	(4)	In this rule:
judicial officer  means—
	(a)	for the Supreme Court—a judge or the master; or
	(b)	for the Magistrates Court—a magistrate.
6255	Registrar referring proceeding or issue to judicial officer
(SCR o 61 r 4; NSW r 45.16 and r 45.18; Qld r 455, r 457 and r 982)
	(1)	If the jurisdiction of the court is to be, or is being, exercised in a proceeding by the registrar, the registrar may refer the proceeding or an issue in the proceeding to a judicial officer of the court if the registrar considers that it would be appropriate for the proceeding or issue to be decided by a judicial officer.
	(2)	If the registrar refers the proceeding to a judicial officer, the judicial officer may—
	(a)	hear and decide the proceeding; or
	(b)	refer the proceeding back to the registrar and give the directions (if any) the judicial officer considers appropriate in relation to the proceeding.
	(3)	If the registrar refers an issue in the proceeding to a judicial officer, the judicial officer may decide the issue or refer the issue back to the registrar and give the directions (if any) the judicial officer considers appropriate in relation to the proceeding.
	(4)	In this rule:
judicial officer means—
	(a)	for the Supreme Court—a judge or the master; or
	(b)	for the Magistrates Court—a magistrate.
6256	Appeals from registrar’s orders etc
(CPA s 133; SCR o 61 r 5 (1) (h) and (i); MC(CJ)R s 483; NSW r 45.19; Qld r 791)
	(1)	This rule applies in relation to an order made by the registrar in a proceeding in the court in the exercise of jurisdiction given under rule 6250 (Jurisdiction exercisable by registrar of Supreme Court) or rule 6253 (Registrar’s powers—subpoenas).
Note	Order is defined in the dictionary (see also def made).
	(2)	If the order is made by the registrar of the Supreme Court, and a party to the proceeding is dissatisfied with the order, the party may appeal, in accordance with these rules, to the Supreme Court constituted by a judge or the master.
Note	See the Supreme Court Act 1933, s 8 (Exercise of jurisdiction) and r 6200 (Jurisdiction exercisable by master).
	(3)	If the order is made by the registrar of the Magistrates Court, and a party to the proceeding is dissatisfied with the order, the party may appeal, in accordance with these rules, to the Magistrates Court constituted by a magistrate.
	(4)	The appeal is a rehearing of the matter anew.
	(5)	However, each party to the appeal may, subject to subrule (6) and any proper objections about admissibility, rely on any affidavit used, and any evidence given orally, before the registrar.
	(6)	If a party to the appeal requires the attendance of someone for examination at the hearing of the appeal, an affidavit made, or evidence given, by the person must not be used unless the person attends for examination or the court gives leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(7)	The court may—
	(a)	confirm, amend or set aside the registrar’s order; and
	(b)	make any other order the court considers appropriate.
Note	See pt 5.2 for the procedure to be followed for an appeal against an order of the registrar.

Part 6.6	Registry
6300	Office hours
(SCR o 63 r 1 and r 2 and o 80 r 3; MCR s 5; Qld r 976)
	(1)	The registry must be open between 9.15 am and 4.15 pm on each day other than a Saturday, Sunday or public holiday in the ACT under the Holidays Act 1958.
	(2)	The registrar may open or close the registry at other times.
	(3)	The registrar may direct that the registry is to be closed between 1.00 pm and 2.00 pm.
6301	Registrar’s duties
(MCR s 6 (1) (a)-(c))
The registrar must—
	(a)	register all records, orders and convictions of the court; and
	(b)	keep an account of all proceedings of the court; and
	(c)	take charge, and keep an account, of all court fees, fines, penalties and costs and other amounts payable or paid into court, and of all amounts paid out of court.
6302	Cause book
(SCR o 2 r 19)
	(1)	The registrar may keep a cause book.
	(2)	The cause book—
	(a)	must be kept in accordance with the directions of the court; and
	(b)	may be kept in electronic form.
	(3)	The registrar must record in the cause book, for each originating process filed—
	(a)	the distinguishing number or other unique identifier given to the proceeding under rule 71 (Numbering etc of proceedings); and
	(b)	the date when—
	(i)	the process was filed in the court; or
	(ii)	if the proceeding was started by oral originating application—the application was made; and
	(c)	the other information that the court directs; and
	(d)	any other information required under a territory law.
Note	A territory law includes these rules (see Legislation Act, s 98).
	(4)	The registrar must also include in the cause book any other information required under a territory law.
Note	Rule 3310 (Cross-vesting—procedure following transfer of proceeding to court) requires certain information to be included in the cause book.
	(5)	The registrar may record any other information in the cause book.
	(6)	This rule applies only to the Supreme Court.
6303	Registrar to keep seals
(SCA s 64; MC(CJ)R s 478; MCR s 101; Qld r 978)
	(1)	The registrar of the Supreme Court must keep the following seals:
	(a)	the seal of the Court of Appeal;
	(b)	the seal of the Supreme Court.
	(2)	The registrar of the Magistrates Court must keep the following seals:
	(a)	the seal of the Magistrates Court;
	(b)	the seal of the Coroner’s Court;
	(c)	the seal of the Childrens Court;
	(d)	the seal of the Small Claims Court.
6304	Documents—sealing and stamping
(SCR o 1 r 8, o 62 r 1 and r 1A and o 80 r 3; MC(CJ)R s 478 (3); MCR s 101; Qld r 978)
	(1)	A document must be sealed if the document is—
	(a)	issued by the court; and
	(b)	required to be sealed under these rules.
	(2)	The registrar may stamp a copy of a document to indicate that it is a copy of a filed document if—
	(a)	the document has been filed by a party; and
	(b)	a copy of the document must or may be served on another party.
6305	Issue of commissions
(Qld r 979)
If a territory law requires the court to issue a commission, the registrar must issue the commission.
Note	A territory law includes these rules (see Legislation Act, s 98).
6306	Duplicate sealed etc documents
(MC(CJ)R s 477)
	(1)	This rule applies if the registrar is satisfied, by affidavit or otherwise, that a sealed or stamped document has been lost or destroyed.
	(2)	The registrar may issue a duplicate copy of the document.
6307	Delegation by registrar
(SCR o 61 r 2; SCQA s 930)
	(1)	The registrar of the court may delegate the registrar’s functions under a territory law to a public servant.
	(2)	This rule does not apply to functions in the exercise of the court’s jurisdiction.
Note 1	For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Note 2	A territory law includes these rules (see Legislation Act, s 98).

Part 6.7	Time
Note to pt 6.7
The Legislation Act contains provisions that apply in working out periods of time, including the following:
·	s 151 (Working out periods of time generally)
·	s 151A (Periods of time ending on non-working days)
·	s 151B (Doing things for which no time is fixed).
6350	Time—certain days excluded in working out
(SCR o 64 r 1 and r 3 and o 80 r 3; MC(CJ)R s 489; NSW r 1.11 (3); FCR o 3 r 2 (3) and (4A))
	(1)	This rule applies if, under these rules or an order of the court, something must or may be done within a particular period of time.
	(2)	If the period is 5 days or less, any day when the registry is closed is excluded in working out when the thing must or may be done.
Example
An application must be served at least 2 days before the return date for the application under rule 6008 (Application in proceeding—filing and service).  If the return date is a Monday, the weekend before the return date is excluded in working out the 2-day period, and the application must be served no later than Wednesday before the return date.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(3)	Any day in the period beginning on 25 December and ending on 1 January is excluded in working out when the thing must or may be, or is, done.
6351	Time—extending and shortening by court order
(SCR o 64 r 5; MC(CJ)R s 490 (1); NSW r 1.12; FCR o 3 r 3)
	(1)	This rule applies if, under these rules or an order of the court, something must or may be done in a proceeding within a particular period of time (however expressed).
	(2)	On application by a party to the proceeding, the court may, by order, extend or shorten the period.
Note 1	The Legislation Act, s 151C (Power to extend time) applies to this power.
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
Note 3	Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.
6352	Time—fixing by court order
(MC(CJ)R s 491; FCR o 3 r 4; NSW r 1.13)
	(1)	This rule applies if—
	(a)	under these rules or an order of the court, something must or may be done in or in relation to a proceeding; but
	(b)	no time is provided for doing the thing.
	(2)	On application by a party to the proceeding, the court may, by order, fix the period within which the thing may or must be done.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Part 6.8	Service
Division 6.8.1	Service—preliminary
6400	Application—pt 6.8
(SCR o 10 r 1)
This part applies to a document that is required or allowed under these rules to be served, whether the word ‘serve’, ‘give’, ‘notify’, ‘send’, ‘tell’ or any other word is used.
Note	The following rules do not apply to a criminal proceeding:
·	r 6421 (Service by filing)
·	r 6437 (Service on detainees)
·	r 6438 (Service if no-one found at party’s address for service)
·	r 6461 (Informal service)
·	r 6469 (Change of address for service).
6401	Service of filed documents
(NSW r 10.1 (1))
	(1)	If a party files a document in a proceeding, the party must serve sealed or stamped copies of the document on each other active party.
	(2)	This rule does not apply to an application allowed under a territory law to be filed in the court without being served on another party.
Note	A territory law includes these rules (see Legislation Act, s 98).
Division 6.8.2	Personal service
6405	How document is personally served
(SCR o 1 r 4 def personal service; MC(CJ)R s 23 (a) and s 32; NSW r 10.21; Qld r 106)
	(1)	To serve a document personally on a person, the person serving the document must give the person—
	(a)	if the original of the document is sealed—a sealed copy of the document; or
	(b)	in any other case—a stamped copy of the document.
	(2)	However, if the person does not accept the copy, the person serving the document may serve it by putting the copy down in the person’s presence and telling the person in general terms what it is.
	(3)	Also, if the person serving the document is prevented from approaching the person by violence or threat of violence, the person serving the document may serve it by putting the copy down as near as practicable to, but in the sight of, the person being served.
	(4)	For this rule, it is not necessary to show that the original of the document was served.
Division 6.8.3	Service—Magistrates Court
6410	Application—div 6.8.3
(Qld r 111)
All documents in a proceeding in the Magistrates Court, including a document required by these rules to be served on a person personally, may be served in accordance with this division, unless a territory law expressly provides otherwise.
Note	A territory law includes these rules (see Legislation Act, s 98).
6411	Service on individuals generally—Magistrates Court
(MC(CJ)R s 23; Qld r 112)
	(1)	A document in a proceeding may be served on an individual—
	(a)	by serving the document personally on the individual; or
	(b)	by serving the document on the individual in accordance with rule 6420 (Ordinary service—address for service); or
	(c)	if the individual does not have an address for service—by leaving a sealed or stamped copy of the document at the last‑known home or business address of the individual with someone who appears to be at least 16 years old and to live or be employed at the address.
Note	Rule 6431 (Service on corporations—generally) and r 6432 (Service on corporations—additional ways for all corporations) deal with service on corporations.
	(2)	To remove any doubt, subrule (1) (b) and (c) apply to the document whether or not the document is required by these rules to be served personally.
6412	Service of originating process by post—Magistrates Court
(MC(CJ)R s 24; NSW r 10.20 (2) (b) (iii) and (3))
	(1)	The plaintiff may serve an originating process by post by sending a sealed copy by prepaid post in accordance with subrule (2) if the defendant’s address stated in the process is an address in the ACT.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
	(2)	The copy must be sent in an envelope—
	(a)	addressed to the defendant at the defendant’s address stated in the originating process; and
	(b)	marked with a return address.
	(3)	The return address must be the registry’s address, but must not be identified as such.
	(4)	If the plaintiff serves an originating process under this rule, the plaintiff must complete and file a certificate of postal service for the process.
Note	See approved form 6.4 (Certificate of postal service) AF2006-412.
	(5)	If the plaintiff completes and files a certificate of postal service for the originating process, the plaintiff is taken to have served the process personally on the defendant.
	(6)	However, if the envelope containing the originating process is returned to the registry by the postal authority as not having been delivered to the defendant—
	(a)	the plaintiff is not taken to have served the process on the defendant; and
	(b)	the registrar must—
	(i)	if judgment has been entered on the basis of the postal service—
	(A)	set aside the judgment; and
	(B)	if an enforcement proceeding has been issued—withdraw the proceeding; and
	(ii)	tell the plaintiff—
	(A)	that the process has not been served; and
	(B)	if judgment has been set aside—that judgment has been set aside.
6413	Doubtful service—Magistrates Court
(MC(CJ)R s 31 (1))
	(1)	This rule applies if—
	(a)	an originating process or other document in a proceeding has been served on a person under rule 6411 (1) (c) (Service on individuals generally—Magistrates Court) or rule 6412 (Service of originating process by post—Magistrates Court); and
	(b)	the court is satisfied that—
	(i)	the document did not come to the knowledge of the person within a reasonable time; or
	(ii)	there is doubt about whether the document came to the knowledge of the person within a reasonable time.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
	(2)	The court must not allow any further step in the proceeding to be taken against the person.
	(3)	On application by the person or a party to the proceeding, or on its own initiative, the court must—
	(a)	strike out or adjourn the proceeding; or
	(b)	order that the document be re-served on the person in the way (if any) stated in the order; or
	(c)	if judgment has been entered because the document was taken to be served—set aside the judgment; or
	(d)	make any other order it considers appropriate.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
Division 6.8.4	Ordinary service
6420	Ordinary service—address for service
(SCR o 10 r 4; MC(CJ)R s 26 (2), s 27 and s 29; NSW r 10.5; Qld s 112)
If a document is not required by these rules to be served personally on a person, the document may be served on the person—
	(a)	by serving it personally on the person; or
	(b)	by leaving a sealed or stamped copy at the person’s address for service; or
	(c)	by sending a sealed or stamped copy by prepaid post, addressed to the person, at the person’s address for service; or
	(d)	if the person’s address for service includes a postbox at a post office in the ACT—by sending a sealed or stamped copy by prepaid post, addressed to the person, at the person’s postbox; or
	(e)	if the person’s address for service includes a document exchange box number—by leaving a sealed or stamped copy, addressed to the person, in the exchange box or at a collection point of the document exchange for delivery to the exchange box; or
	(f)	if the person’s address for service includes a fax number—by faxing a sealed or stamped copy to the fax number; or
	(g)	if the person’s address for service includes an email address—by sending a copy by electronic communication to the email address; or
	(h)	if the document to be served is from the registrar’s office, the person has a solicitor, and the solicitor has a collection box in the office—by leaving a copy of the document in the solicitor’s collection box.
6421	Service by filing
(SCR o 10 r 5; NSW r 10.16)
	(1)	This rule—
	(a)	applies if a defendant—
	(i)	has not filed in the court a notice of intention to respond or defence; or 
	(ii)	has not given an address for service; and
	(b)	does not apply to a document that must be served personally.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8) and see also r 4007 (Criminal proceedings—service on accused person by filing if no address for service)).
	(2)	A document may be served on the defendant by—
	(a)	filing it in the court; and
	(b)	sending a sealed or stamped copy by prepaid post, addressed to the defendant, at the defendant’s last-known address.
	(3)	A document filed under this rule must state on its first page that it is filed under this rule.
Division 6.8.5	Service—particular cases
Note to div 6.8.5
This division does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
6430	Service in Australia but outside ACT
	(1)	This rule applies only to service of an originating process outside the ACT but in Australia.
	(2)	The originating process must be served in accordance with the Service and Execution of Process Act 1992 (Cwlth).
	(3)	In this rule:
Australia includes the external territories.
6431	Service on corporations—generally
(SCR o 10 r 11; NSW r 10.22; Qld r 107)
	(1)	A document may be served on a corporation under these rules in a way provided—
	(a)	for the service of documents on the corporation under the Corporations Act or another applicable law; or
	(b)	by rule 6432 (Service on corporations—additional ways for all corporations).
Note 1	Meaning of corporation
Corporation includes a body politic or corporate (see Legislation Act, dict, pt 1).
Note 2	Corporations Act
·	the Corporations Act, s 109X provides non-exhaustively for the service of documents on a company registered under that Act.  The section does not apply to a document that may be served under the Service and Execution of Process Act 1992 (Cwlth) (SEPA), s 9 (see s 9 (9))
·	the Corporations Act, s 601CX provides for service of documents on a body corporate registered under that Act, pt 5B.1 (Registering a body corporate as a company).  The section does not apply to a document that may be served under SEPA, s 9 (see s 9 (9)).
Note 3	Service and Execution of Process Act
SEPA, s 9 provides exhaustively for service of documents under that Act on a company or registered body corporate (see also s 15 (3)).  SEPA, s 10 provides non-exhaustively for service of documents under that Act on any other body corporate (but see s 15 (4) for an originating process).  SEPA, s 15 (5) provides for service of an originating process under that Act on a body politic.
Note 4	ACT legislation—general
The Legislation Act, pt 19.5 provides non-exhaustively for the service of documents on corporations generally (including territory agencies).
Note 5	ACT legislation—specific
·	the Associations Incorporation Act 1991, s 122 provides non‑exhaustively for the service of documents and process on an incorporated association under that Act
·	the Business Names Act 1963, s 31 provides non-exhaustively for the personal service of documents on a person (including a corporation) who carries on business under a business name registered under that Act
·	the Community Title Act 2001, s 59 provides for an address for service for a body corporate under that Act (see also Legislation Act, s 246, def business address)
·	the Cooperatives Act 2002, s 461 provides non-exhaustively for the service of documents on a foreign cooperative by post
·	the Unit Titles Act 2001, s 79 provides non-exhaustively for the service of documents on an owners corporation under that Act.
Note 6	Service on governments
The Judiciary Act 1903 (Cwlth), s 63 provides for service of process on the Commonwealth or a State.  The Court Procedures Act 2004, s 33 and s 34 provide for service on the Territory and its Ministers.
	(2)	For any provision of these rules requiring personal service of a document, service of the document on a corporation in a way mentioned in subrule (1) is taken to be personal service of the document on the corporation.
6432	Service on corporations—additional ways for all corporations
	(1)	A document may be served on a corporation under these rules by leaving it at, or sending it by post to, the corporation’s registered office.
	(2)	This rule does not affect the operation of any other law that authorises or requires service of a document otherwise than as provided under this rule.
Note	The note to r 6431 (1) sets out other applicable laws.
	(3)	In this rule:
registered office, for a corporation, includes—
	(a)	if the corporation has a registered office under the Corporations Act—that office; and
	(b)	if under a territory law or a law of the Commonwealth a document may be served on the corporation by leaving it at, or sending it by post to, a place—that place; and
	(c)	if paragraphs (a) and (b) do not apply in relation to the corporation but it has an office or place of business in the ACT—that office or place.
6433	Service of originating process on partnership
(SCR o 2 r 18D; NSW r 10.11; Qld r 114)
	(1)	An originating process against a partnership must be served in accordance with these rules—
	(a)	on at least 1 of the partners; or
	(b)	on someone at the partnership’s main place of business in the ACT who appears to have control or management of the partnership’s business at the place; or
	(c)	for an incorporated limited partnership—at the partnership’s registered office.
	(2)	If the originating process is served under subrule (1), each of the partners who were partners in the partnership when the originating process was issued, including a partner who was outside the ACT at the time, is taken to have been served.
	(3)	However, if the plaintiff knows that the partnership has been dissolved before the proceeding is started, the originating process must be served on everyone sought to be made liable.
	(4)	To remove any doubt, if the partnership has been dissolved before the proceeding is started, but the plaintiff does not know it has been dissolved, subrules (1) and (2) apply as if the partnership had not been dissolved.
	(5)	The originating process must also be served on anyone the plaintiff seeks to make liable as a partner but who was not a partner when the originating process was issued.
	(6)	In this rule:
registered office, of an incorporated limited partnership, means the registered office kept under the Partnership Act 1963, section 90.
6434	Service on defendant operating under unregistered business name
(NSW r 10.9; Qld r 113)
	(1)	This rule applies in relation to a person if—
	(a)	the person (the defendant) is carrying on business under a business name that is not registered under the Business Names Act 1963 (the unregistered name); and
	(b)	a proceeding is started against the defendant under the unregistered name.
Note 	For service on a defendant carrying on a business under a registered business name, see the Business Names Act 1963, s 31 (2).
	(2)	The originating process for the proceeding may be served on the defendant by serving it personally on someone at the place of business who appears—
	(a)	to have control or management of the business at the place; and
	(b)	to be at least 16 years old.
	(3)	Any other document for the proceeding may be served on the defendant—
	(a)	as mentioned in subrule (2); or
	(b)	by sending it by prepaid post, addressed to the defendant, to any place where business is carried on under the unregistered name, whether or not the place is in the ACT.
	(4)	For any provision of these rules requiring personal service of a document on the defendant, service of the document in accordance with subrule (2) or (3) is taken to be personal service of the document on the defendant.
6435	Service on children
(SCR o 10 r 7; MC(CJ)R s 98; NSW r 10.12; Qld r 108)
	(1)	A document otherwise required or allowed under these rules to be served on a child for a proceeding must be served instead on the person who is the child’s litigation guardian for the proceeding.
Note	The Legislation Act, dict, pt 1 defines child as an individual who is under 18 years old.
	(2)	If the child does not have a litigation guardian for the proceeding, the document must be served instead on—
	(a)	if the child is at least 16 years old—the child; or
	(b)	the child’s parent or guardian; or
	(c)	if there is no parent or guardian—
	(i)	an adult who has parental responsibility for the child under the Children and Young People Act 1999, section 18; or
	(ii)	if there is no-one under subparagraph (i)—an adult who otherwise has care of the child or with whom the child lives.
	(3)	For any provision of these rules requiring personal service of a document, personal service of the document on a person (including the child) under subrule (1) or (2) is taken to be personal service on the child.
6436	Service on people with mental disabilities
(SCR o 10 r 8; MC(CJ)R s 98; NSW r 10.12; Qld r 109)
	(1)	A document otherwise required or allowed under these rules to be served on a person for a proceeding with a mental disability who is an adult (the relevant person) must be served instead on—
	(a)	the person who is the relevant person’s litigation guardian for the proceeding; or
	(b)	if there is no-one under paragraph (a)—a person who is entitled under rule 276 (2) (Who may be litigation guardian) to be the relevant person’s litigation guardian for the proceeding; or
	(c)	if there is no-one under paragraph (a) or (b)—
	(i)	an adult who has the care of the relevant person; or
	(ii)	an adult with whom the relevant person lives.
Note	Person with a mental disability is defined in the dictionary.
	(2)	For any provision of these rules requiring personal service of a document, personal service of the document on a person under subrule (1) is taken to be personal service on the relevant person.
6437	Service on detainees
(SCR o 80 r 8; NSW r 10.25; Qld r 110)
	(1)	A document otherwise required or allowed under these rules to be served on a detainee must be served on the person in charge of the place where the detainee is being detained.
	(2)	For any provision of these rules requiring personal service of a document, personal service of the document on a person under subrule (1) is taken to be personal service on the detainee.
	(3)	In this rule:
detainee means a person who is a full-time detainee under the Crimes (Sentence Administration) Act 2005.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8) and see also r 4009 (Criminal proceedings—service of documents when unrepresented accused person in custody)).
6438	Service if no-one found at party’s address for service
(SCR o 10 r 6; Qld r 112 (1) (b))
	(1)	This rule applies to a party to a proceeding if the party does not have a solicitor, and no-one can be found at the party’s address for service.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8) and see also r 4008 (Criminal proceedings—service if no-one found at accused person’s address for service)).
	(2)	Any document in the proceeding may be served on the party by leaving a copy at the party’s address for service in a position where it is reasonably likely to come to the party’s attention.
	(3)	This rule does not apply to a document that is required under a territory law to be served personally on the party.
Note	A territory law includes these rules (see Legislation Act, s 98).
6439	Service of originating application to recover unoccupied land
(SCR o 2 r 18B; NSW r 10.15)
	(1)	This rule applies if an originating application in a proceeding to recover unoccupied land cannot be served on the defendant without unreasonable delay or expense.
	(2)	The court may order that the application may be served by attaching a stamped copy of the application to a door of a house, or to something else at another conspicuous place, on the land.
	(3)	An order under subrule (2) may direct that the application be taken to be served on the defendant at the end of a stated time.
	(4)	If an application has been served by attaching a stamped copy of the application to something at a conspicuous place on the land other than under an order under subrule (2), the court may order that the application be taken to be served on the defendant on a date stated in the order.
	(5)	Service under this rule is taken to be personal service.
	(6)	Part 6.2 (Applications in proceedings) does not apply to an application under this rule.
	(7)	An application under this rule is made by filing in the court—
	(a)	a draft of the order sought; and
	(b)	an affidavit in support of the order.
	(8)	The draft order and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.
	(9)	Unless the court otherwise orders on its own initiative, an application under this rule may be dealt with without a hearing and in the absence of the parties.
Note	For the jurisdiction of the Magistrates Court in relation to title to land, see the Magistrates Court Act 1930, s 264 (Proceedings affecting title to land).
Division 6.8.6	Time of service
6450	Time of service at address for service
(SCR o 10 r 4; MC(CJ)R s 29; NSW r 10.5 (3); Qld s 112)
Service of a document at an address for service is taken to have been made—
	(a)	if the document is left with someone or at a place in accordance with these rules—
	(i)	if the document is left before 4 pm on a day—on that day; or
	(ii)	if the document is left at or after 4 pm on a day—on the next day; or
	(b)	if the document is served by post in Australia or an external territory in accordance with these rules—4 days after the day it is posted, unless the contrary is proved; or
	(c)	if the document is left in a document exchange box or at a collection point of an authorised DX system in accordance with these rules—2 days after the day it is left; or
	(d)	if the document is faxed in accordance with these rules—1 day after the day it is faxed; or
	(e)	if the document is sent by electronic communication to an email address in accordance with these rules—
	(i)	if the document is sent before 4 pm on a day—on that day; or
	(ii)	if the document is sent at or after 4 pm on a day—on the next day.
Division 6.8.7	Service—other
6460	Substituted service
(SCR o 10 r 12; MC(CJ)R s 25; NSW r 10.14; Qld r 116)
	(1)	This rule applies if these rules require or allow a document in a proceeding to be served in a particular way (the authorised way).
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
	(2)	A party to the proceeding may apply to the court for an order allowing the document to be served in another way (the alternative way).
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	The court may make the order if satisfied that—
	(a)	it is impracticable, for any reason, for the document to be served in the authorised way; and
	(b)	the alternative way is reasonably likely to bring the document to the attention of the person to be served.
	(4)	If the court makes the order, it may, in the order, provide that the document is taken to have been served on the happening of a stated event, at a stated time or at the end of a stated period.
	(5)	The court may make an order under this rule even though the person to be served is not in the ACT or Australia or was not in the ACT or Australia when the proceeding started.
	(6)	For any provision of these rules requiring personal service of a document on a person, service of the document on the person in accordance with an order under subrule (3) is taken to be personal service of the document on the person.
6461	Informal service
(Qld r 117)
	(1)	This rule applies if—
	(a)	a document is not served on a person as required or allowed by this part but the document or a copy of it comes to the notice of the person; and
	(b)	the court is satisfied that the document came to the person’s notice on or before a particular day.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
	(2)	The court may, by order, decide that the document was served on the person on the day stated in the order.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	For any provision of these rules requiring personal service of a document on a person, the document is taken to have been personally served on the person on that day.
6462	Service on agent
(Qld r 118)
	(1)	This rule applies if a person living or carrying on a business outside the ACT (the principal) enters into a contract in the ACT through an agent living or carrying on business in the ACT.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
	(2)	The court may, without deciding the agent’s authority or business relationship with the principal, give leave to a person to serve an originating process or notice of appeal relating to a proceeding arising out of the contract on the agent.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave.
	(3)	If the court gives leave under subrule (2), the court must state the time within which the principal must file a notice of intention to respond or defence.
	(4)	If the person serves the originating process or notice of appeal on the agent under this rule, the person must immediately send to the principal by prepaid post, addressed to the principal, at the principal’s address outside the ACT a copy—
	(a)	of the originating process or notice of appeal; and
	(b)	of the order giving leave under subrule (2).
6463	Service under contract
(Qld r 119)
	(1)	This rule applies if, before or after a proceeding starts, parties to the proceeding agree that a document relating to the proceeding may be served on 1 or more of the parties, or someone else for 1 or more of the parties, in a way or at a place, in the ACT or somewhere else, stated in the agreement.
Note	This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
	(2)	The document may be served in accordance with the agreement.
	(3)	For any provision of these rules requiring personal service of a document on a party to the agreement, service of the document on the party in accordance with the agreement is taken to be personal service on the party.
6464	Acceptance of service by solicitor
(SCR o 10 r 3; MC(CJ)R s 26 (1); NSW r 10.13; Qld r 115)
	(1)	A solicitor may accept service of a document for a person (the relevant person).
	(2)	The solicitor must—
	(a)	make a note on a copy of the document to the effect that the solicitor accepts service for the relevant person; and
	(b)	give the copy to the person serving the document.
	(3)	The relevant person is taken to have been served with the document on the day the solicitor accepts service of the document, unless the relevant person proves the solicitor did not have authority to accept service for the relevant person.
	(4)	For any provision of these rules requiring personal service of a document, service of the document on the solicitor under this rule is taken to be personal service on the relevant person.
6465	Special requirements for service by fax
(Qld r 122)
	(1)	A document served by fax must include a cover page stating the following:
	(a)	the sender’s name and address;
	(b)	the name of the person to be served;
	(c)	the date and time of transmission;
	(d)	the total number of pages, including the cover page, transmitted;
	(e)	the phone number from which the document is transmitted;
	(f)	the name and phone number of a person to contact if there is a problem with the transmission;
	(g)	that the transmission is for service under these rules.
	(2)	An affidavit of service of a document by fax must include, as an annexure, the transmission advice, generated by the sender’s fax machine, indicating the transmission was successful.
6466	Email service—other matters
(SCR o 10 r 16)
	(1)	This rule applies if a document (the emailed document) is served by electronic communication under these rules.
	(2)	The emailed document must be capable of being printed by the recipient with the content and in the form in which it was created.
	(3)	The electronic communication for the emailed document must include the following:
	(a)	the name and phone number of a person to contact if there is a problem with the electronic communication;
	(b)	that the electronic communication is for service under these rules.
	(4)	If these rules require or allow the emailed document to be signed, it is sufficient compliance if the person who serves the emailed document—
	(a)	identifies himself or herself in the electronic communication by stating his or her name and business address; and
	(b)	states in the electronic communication that the original of the emailed document was signed and by whom.
Note	These rules is defined in the dictionary.
	(5)	If these rules require or allow service of a sealed or stamped copy of a document, it is sufficient compliance if—
	(a)	the emailed document is a copy of a document that was sealed or stamped; and
	(b)	the person who serves the emailed document states in the electronic communication that the original of the emailed document was sealed or stamped.
	(6)	If the emailed document is a copy of an affidavit, the original affidavit is taken to have been sworn if—
	(a)	the original affidavit was properly sworn; and
	(b)	the person who serves the copy of the affidavit states in the email that the original was properly sworn.
6467	Proof of service
(SCR o 10 r 13; MC(CJ)R s 30; NSW r 35.8; Qld r 120)
	(1)	Service of a document may be proved—
	(a)	by affidavit of service made by the person who served the document; or
	(b)	by the person who served the document giving sworn evidence about the service; or
	(c)	if the document was served under rule 6412 (Service of originating process by post—Magistrates Court)—by production of the certificate of postal service; or
	(d)	in another way that the court directs is to be treated as appropriate.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction.
	(2)	If an affidavit of service of a document is required or allowed under a territory law, the affidavit—
	(a)	for service in accordance with rule 6405 (How document is personally served)—must be made by the person who served the document and include the following:
	(i)	the person’s full name;
	(ii)	the time, day and date the document was served;
	(iii)	the place of service;
	(iv)	the name of the person served and how the person was identified; or
	(b)	for any other kind of service—
	(i)	must state how the document was served; and
	(ii)	must state the relevant dates and the facts showing service; and
	(iii)	if service was made in a way that required the person served to be identified—how the person was identified; and
	(iv)	may be made on information given to, or the belief of, the person causing the service; and
	(v)	if made on information given to the person causing the service—must state the source of the information.
Note	A territory law includes these rules (see Legislation Act, s 98).
	(3)	For subrule (2) (b) (ii), if the document was served by post, the affidavit must state the following:
	(a)	that it was sent by prepaid post to a stated address;
	(b)	that it was addressed to the person or, if it was sent to an address for service that is the office of a solicitor, to that solicitor;
	(c)	the date the document was posted.
	(4)	Subrules (2) and (3) do not limit the matters to be stated in the affidavit.
	(5)	If the court gives leave to serve a document—
	(a)	a sealed copy of the order giving leave must be served with the document; and
	(b)	any affidavit of service for the document must deal with the service of the order as well as the service of the document.
	(6)	An affidavit of service of a document must—
	(a)	have the document filed with it as an annexure or exhibit or be written on the document; or
	(b)	if the document has been filed in the court—mention the document in a way sufficient to enable the document to be identified.
6468	Identity of person served
(NSW r 10.27; Qld r 121; SEPA s 11 (7))
For proving service, a statement by the person served of his or her identity or that the person holds a particular position is evidence of the identity or that the person holds the position.
6469	Change of address for service
(SCR o 10 r 15; MC(CJ)R s 28 (4); Qld r 17 (5))
	(1)	This rule applies if a person has given the court an address for service in a proceeding and the person’s address for service changes in any way before the proceeding is finally disposed of.
	(2)	The person must—
	(a)	file in the court a notice stating the new address (the new address notice); and
	(b)	serve a sealed or stamped copy of the new address notice on every other active party to the proceeding.
Note	See approved form 6.15 (Notice of change of address for service) AF2006-423.
Division 6.8.8	Service of subpoenas and notices instead of subpoenas—general
6480	Subpoena—service on solicitor
(SCR o 10 r 17; NP 03.03.93)
If the addressee for a subpoena in a proceeding is a party and is represented by a solicitor in the proceeding, the subpoena may, with the solicitor’s agreement, be served on the addressee by leaving it at the addressee’s address for service.
6481	Subpoena—service on medical expert
(SCR o 10 r 17; NP 03.03.93)
	(1)	A subpoena is taken to be served personally on a medical expert if, at a place where the expert’s practice is carried on—
	(a)	it is given to a person apparently engaged (whether as employee or otherwise) in relation to the practice and apparently at least 16 years old; or
	(b)	if a person mentioned in paragraph (a) does not accept the subpoena—the subpoena is put down in the person’s presence and the person is told in general terms what it is.
	(2)	A subpoena requiring a medical expert to give evidence in a proceeding must be served at least 6 weeks before the date set by the court for the hearing of the proceeding (the hearing date) unless the subpoena is served in accordance with leave given under subrule (3) or (8).
	(3)	The court may give leave for a subpoena to be served on a medical expert requiring the expert to attend to give evidence later than 6 weeks before the hearing date.
	(4)	An application for leave under subrule (3) is made by filing—
	(a)	the subpoena with a statement on its first page that leave is granted to serve the subpoena later than 6 weeks before the hearing date; and
	(b)	an affidavit in support of the application.
	(5)	The affidavit in support of the application must state—
	(a)	the need for the medical expert to give evidence in the proceeding; and
	(b)	the reason the subpoena was not issued in enough time to enable it to be served at least 6 weeks before the hearing date; and
	(c)	whether the expert has been told about the hearing and, if so, whether the expert is able to attend the hearing; and
	(d)	the earliest date when the subpoena can be served.
	(6)	Part 6.2 (Applications in proceedings) does not apply to an application for leave under subrule (3).
	(7)	If the court gives leave under subrule (3), it must set a date for the last date of service for the subpoena.
	(8)	If a medical expert to whom a notice has been given in accordance with rule 6482 fails to attend the court on the date and at the time stated in the notice, the court may give leave for the service of a subpoena on the expert requiring the attendance of the expert.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under r (8).
6482	Medical expert—notice instead of subpoena
(SCR o 10 r 18)
	(1)	In a proceeding, a notice stating the date and time set for the hearing for the proceeding and requesting a medical expert’s attendance may be given to the expert instead of a subpoena.
	(2)	The notice may be given in the same way as a subpoena may be served on a medical expert.
	(3)	However, the notice must not be given later than 6 weeks before the date set for the hearing.
6483	Medical expert—no shortening of time for service of notice
(SCR o 10 r 19)
The parties to a proceeding cannot, by agreement, shorten the time for service of a subpoena on, or the giving of a notice under rule 6482 to, a medical expert.
Division 6.8.9	Service outside Australia—general
Note to div 6.8.9
This division does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
6500	Definitions—div 6.8.9
(NSW r 11.1 (2) and r 11.9; Qld r 100)
In this division:
Australia includes the external territories.
convention means an agreement, arrangement, treaty or convention, relating to legal proceedings in civil matters, made between Australia and another country.
convention country means a country other than Australia to which a convention applies.
non-convention country means a country other than Australia to which a convention does not apply.
6501	Service outside Australia—service of originating process without leave
(SCR o 12 r 2; FCR o 8 r 1; NSW r 11.2 and sch 6; Qld r 124)
	(1)	An originating process for any of the following may be served on a person outside Australia without the court’s leave:
	(a)	a proceeding based on a cause of action arising in the ACT;
	(b)	a proceeding in relation to—
	(i)	property in the ACT; or
	(ii)	obtaining evidence for a future claim about property in the ACT;
	(c)	a proceeding for the interpretation, rectification, setting aside or enforcement of a law, deed, will, contract, obligation or liability affecting property in the ACT;
	(d)	a proceeding for relief against—
	(i)	a person domiciled or ordinarily resident in the ACT; or
	(ii)	a corporation incorporated in the ACT or under a territory law; or
	(iii)	a company taken to be registered in the ACT; or
	(iv)	a company or other corporation carrying on business in the ACT;
	(e)	a proceeding for—
	(i)	the administration of the estate of a person who died domiciled in the ACT; or
	(ii)	relief that might be obtained in a proceeding for the administration of the estate of a person who died domiciled in the ACT;
	(f)	a proceeding for the execution of a trust if—
	(i)	the trust is created or declared by an instrument; and
	(ii)	the person is a trustee or beneficiary; and
	(iii)	the execution relates to trust property in the ACT; and
	(iv)	the trust ought to be executed under ACT law;
	(g)	a proceeding in relation to a contract—
	(i)	made in the ACT; or
	(ii)	made by 1 or more parties carrying on business or living in the ACT; or
	(iii)	made by or through an agent carrying on business or living in the ACT on behalf of a principal carrying on business or living outside the ACT; or
	(iv)	governed by ACT law;
	(h)	a proceeding based on a breach in the ACT of a contract (wherever made), whether or not the breach was preceded or accompanied by a breach (wherever happening), that makes impossible the performance of a part of the contract that ought to be performed in the ACT;
	(i)	a proceeding based on a contract containing a condition by which the parties agree to submit to the jurisdiction of the court;
	(j)	a proceeding for the recovery of an amount payable under a law to an entity in the ACT;
	(k)	a proceeding based on a tort committed in the ACT;
	(l)	a proceeding for damage—
	(i)	all or part of which was suffered in the ACT; and
	(ii)	caused by a tortious act or omission (wherever happening);
	(m)	a proceeding affecting a person in relation to—
	(i)	membership of, or office holding in, a corporation incorporated in the ACT or under a territory law; or
	(ii)	membership of, or office holding in, a company taken to be registered in the ACT; or
	(iii)	membership of, or office holding in, a company or other corporation carrying on business in the ACT; or
	(iv)	membership of, or office holding in, an unincorporated partnership, association or other entity formed, or carrying on any part of its affairs, in the ACT; or
	(v)	the person’s conduct as a member or officer of such a company, other corporation, or unincorporated partnership, association or other entity;
	(n)	a proceeding for a contribution or indemnity for a liability enforceable in the court;
	(o)	a proceeding in which a division 2.9.4 order in relation to anything to be done, or not done, in the ACT is the principal relief claimed (whether or not damages are also claimed);
	(p)	a proceeding properly brought in the ACT against a person in which someone else outside the ACT is a necessary or proper party to the proceeding;
	(q)	a proceeding brought under the Civil Aviation (Carrier’s Liability) Act 1959 (Cwlth)—
	(i)	by a resident of the ACT; or
	(ii)	in relation to damage that happened in the ACT;
	(r)	a proceeding in which a person has submitted or agreed to submit to the jurisdiction of the court;
	(s)	a proceeding in which the subject matter of the proceeding, as far as it concerns the person, is property in the ACT;
	(t)	a proceeding about the interpretation, effect or enforcement of—
	(i)	an ACT law; or
	(ii)	a law of the Commonwealth (including an Imperial Act applying as a law of the Commonwealth) affecting property in the ACT;
	(u)	a proceeding in relation to the effect or enforcement of an executive, ministerial or administrative act done, or purported to have been done, under a law;
	(v)	a proceeding—
	(i)	in relation to an arbitration held in the ACT or governed by ACT law; or
	(ii)	to enforce in the ACT an arbitral award wherever made; or
	(iii)	for orders to carry into effect in the ACT all or part of an arbitral award wherever made;
	(w)	a proceeding to enforce in the ACT a judgment wherever given;
	(x)	a proceeding in relation to a person with a legal disability who is domiciled or present in, or a resident of, the ACT;
	(y)	a proceeding, as far as it relates to the person to be served, falling partly within 1 or more of paragraphs (a) to (x).
Note	Rule 6505 (Service outside Australia—leave for service) provides for the giving of leave for service of an originating process that is not allowed under r (1).
	(2)	Any other originating process must not be served outside Australia without the court’s leave.
Note	Rule 6505 (Service outside Australia—leave for service) provides for the giving of leave for service of an originating process that is not mentioned in r (1).
	(3)	Each paragraph of subrule (1) is a separate ground for deciding whether an originating process may be served outside Australia under that subrule.
	(4)	This rule does not limit or extend the jurisdiction the court has apart from this rule.
6502	Service outside Australia—counterclaim or third-party notice
(Qld r 125)
	(1)	This rule applies to—
	(a)	a counterclaim against a plaintiff and someone else if the other person is not already a party to the proceeding; or
	(b)	a third-party notice.
	(2)	If the claim made by the defendant in the counterclaim or third-party notice is of a kind that, if the claim were made by originating process, the process could be served outside Australia under rule 6501 (Service outside Australia—service of originating process without leave), the counterclaim or third-party notice may be served outside Australia without the court’s leave.
	(3)	If subrule (2) does not apply to the counterclaim or third-party notice, the counterclaim or third-party notice must not be served outside Australia without the court’s leave.
Note	Rule 6505 (Service outside Australia—leave for service) provides for the giving of leave for service of a counterclaim or third-party notice that is not mentioned in r (1).
6503	Service outside Australia—setting aside service of originating process etc
(SCR o 13 r 17 (2); NSW r 11.7; Qld r 126)
	(1)	This rule applies to an originating process, counterclaim or third‑party notice that has been served on a defendant outside Australia without the court’s leave.
	(2)	On application by the defendant, the court may make an order of the kind mentioned in rule 40 (Setting aside originating process etc).
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	Without limiting subrule (2), the court may make an order under this rule on the ground that—
	(a)	for an originating process—service of the originating process was not allowed under rule 6501 (Service outside Australia—service of originating process without leave); or
	(b)	for a counterclaim or third-party notice—service of the counterclaim or third-party notice was not allowed under rule 6502 (Service outside Australia—counterclaim or third‑party notice); or
	(c)	the court is an inappropriate forum for the proceeding.
6504	Service outside Australia—service of other documents in proceeding
(NSW r 11.5)
A document in a proceeding (other than an originating process, counterclaim or third-party notice) may be served outside Australia only with the court’s leave, unless these rules otherwise provide.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for leave.
Note 2	Service may subsequently be confirmed under r 6506 (Service outside Australia—confirmation of service of other process).
Note 3	See also r 744 (Freezing orders—service outside Australia of application for freezing order or ancillary order).
Note 4	See also div 6.8.10 (Service of subpoenas in New Zealand).
6505	Service outside Australia—leave for service
(SCR o 12 r 4 and r 9; NSW r 11.5; Qld r 127)
	(1)	The court may give leave for service outside Australia of—
	(a)	an originating process if service outside Australia is not allowed under rule 6501 (Service outside Australia—service of originating process without leave); or
	(b)	a counterclaim or third-party notice if service outside Australia is not allowed under rule 6502 (Service outside Australia—counterclaim or third-party notice); or
	(c)	a document in a proceeding other than an originating process, counterclaim or third-party notice.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
	(2)	An application for leave under this rule must be supported by affidavit or other evidence—
	(a)	for an originating process mentioned in subrule (1) (a)—establishing the plaintiff’s belief that the plaintiff has a good cause of action; and
	(b)	showing in what place or country the person on whom the document is to be served is, or probably may be found; and
	(c)	stating the grounds on which the application is made.
6506	Service outside Australia—confirmation of service of other documents in proceeding
(NSW r 11.5)
The court may confirm the service of a document in a proceeding other than an originating process, counterclaim or third-party notice if the document was served outside Australia without leave being sought under rule 6505.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
6507	Service outside Australia—directions etc
(SCR o 12 r 6; Qld r 128)
	(1)	If the court gives leave for a document to be served outside Australia, it may give directions about the time for filing a notice of intention to respond or defence or anything else.
Note	Pt 6.2 (Applications in proceedings) applies to an application for directions under this rule.
	(2)	If a document is served outside Australia with the court’s leave, a copy of each of the following must be served with the document:
	(a)	a sealed copy of the order giving leave;
	(b)	each affidavit filed in the court in support of the application for the leave;
	(c)	an exhibit mentioned in the affidavit.
6508	Service outside Australia—leave to proceed against defendant
(NSW r 11.4)
	(1)	A plaintiff in a proceeding may, with the court’s leave, proceed against a defendant if—
	(a)	the originating process, counterclaim or third-party notice in the proceeding was served on a defendant outside Australia; and
	(b)	for a proceeding started by originating claim—
	(i)	the defendant does not file a notice of intention to respond or defence within the time required by rule 102 (Notice of intention to respond or defence—filing and service) or any further period agreed between the relevant parties or allowed by the court; or
	(ii)	the defendant files a notice of intention to respond within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but does not file a defence within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court; or
	(iii)	the defendant files a conditional notice of intention to respond that becomes an unconditional notice of intention to respond but does not file a defence within the time required by rule 111 (Conditional notice of intention to respond) or any further period agreed between the relevant parties or allowed by the court; or
	(iv)	the defendant files a defence but the court orders the defence to be struck out; and
Note	In this rule, ‘defendant’ includes a person not a party to the original proceeding who is included as a party by a counterclaim (see r 462 (4) (c)).
	(c)	for a counterclaim—
	(i)	the defendant to the counterclaim does not file an answer to the counterclaim within the time required by rule 466 (3) (Counterclaim—answer to) or any further period agreed between the relevant parties or allowed by the court; or
	(ii)	the defendant to the counterclaim files an answer to the counterclaim but the court orders the answer to be struck out; and
	(d)	for a third-party notice—
	(i)	the third party does not file a notice of intention to respond or defence within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court; or
	(ii)	the third party files a notice of intention to respond within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but does not file a defence within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court; or
	(iii)	the third party files a conditional notice of intention to respond that becomes an unconditional notice of intention to respond but does not file a defence within the time required by rule 111 or any further period agreed between the relevant parties or allowed by the court; or
	(iv)	the third party files a defence but the court orders the defence to be struck out.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
Note 2	Pt 2.3 (Notice of intention to respond and defence) applies to a third‑party notice (see r 311 (Third-party notice—notice of intention to respond and defence)).
Note 3	Rule 425 (Pleadings—striking out) deals with striking out of defences and answers.
Note 4	Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.
	(2)	However, the plaintiff may not proceed against a defendant under subrule (1) if—
	(a)	for a proceeding started by originating claim—
	(i)	the proceeding is stayed under rule 1102 (Stay of debt etc proceeding on payment of amount sought); or
	(ii)	the defendant files a statement under rule 1104 (Judgment on acknowledgment of debt or liquidated demand); or
	(iii)	the defendant files a defence after the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the defendant; or
	(b)	for a counterclaim—the defendant to the counterclaim files an answer to the counterclaim after the time required by rule 466 (3) or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the defendant to the counterclaim; or
	(c)	for a third-party notice—the third party files a defence after the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the third party.
6509	Service outside Australia—how service is made
(NSW r 11.6; Qld r 129)
	(1)	If service outside Australia of an originating process, counterclaim or a third-party notice is authorised under this division, divisions 6.8.1 to 6.8.7 apply to the service.
	(2)	However, these rules do not require or allow the doing of anything in a country in which service is to be made that is contrary to the law of the country.
6510	Service outside Australia—service in convention countries
(SCR o 12 r 10; FCR o 8 rr 6-12; NSW rr 11.9-11.12; Qld r 130)
	(1)	This rule applies if a person (the relevant person)—
	(a)	is required by a convention to serve a document in a convention country in accordance with the convention; or
	(b)	otherwise wants to serve a document in a convention country in accordance with a convention.
	(2)	The relevant person must give the registrar—
	(a)	the document to be served; and
	(b)	if a particular way of service is required—a request for service in that way; and
	(c)	if English is not an official language of the convention country—a written translation of the documents mentioned in paragraphs (a) and (b) in an official language of the country; and
	(d)	the further copies of each of the documents mentioned in paragraphs (a) to (c) that the registrar directs; and
	(e)	a request in accordance with subrule (5).
	(3)	The translation of a document mentioned in subrule (2) (c) must be certified, in writing, by the person making it to be a correct translation of the document.
	(4)	The certificate of the person making the translation must also state the person’s full name and address and qualifications for making the translation.
	(5)	The request given to the registrar under subrule (2) (e) must—
	(a)	ask the registrar to send a sealed copy of the document to be served to the convention country for service on a stated person; and
	(b)	refer to the relevant convention; and
	(c)	include an undertaking by the relevant person, or the relevant person’s solicitor, to be responsible for all expenses incurred by the court, or by anyone at the court’s request, in complying with the request (the incurred expenses) and to pay the registrar the amount of the incurred expenses on being given an account of them by the registrar.
	(6)	The registrar must give the Attorney-General for transmission for service—
	(a)	a sealed copy of the documents given to the registrar; and
	(b)	if the judicial authority of the convention country requires a letter of request—the request.
	(7)	If—
	(a)	a certificate of service, attempted service or non-service is filed; and
	(b)	the certificate purports to be a certificate—
	(i)	in relation to the document to be served; and
	(ii)	from—
	(A)	a judicial authority or other responsible person in the convention country; or
	(B)	an Australian consular authority in the convention country;
the certificate is evidence of the matters stated in the certificate.
	(8)	The person giving the undertaking mentioned in subrule (5) (c) must pay the amount of the incurred expenses to the registrar not later than 7 days after the day the person is given an account of them by the registrar.
	(9)	If the amount of the incurred expenses is not paid in accordance with subrule (8), the court may, on its own initiative—
	(a)	order the party who obtained the order to pay the unpaid amount of the incurred expenses; and
	(b)	if the party is a plaintiff—stay the proceeding, until the unpaid amount is paid, to the extent that it relates to all or part of a claim for relief by that party; and
	(c)	if the party is a defendant—make any order it considers appropriate, including an order that, until the unpaid amount is paid, the defendant be taken not to have filed a notice of intention to respond or defence.
	(10)	Despite subrules (2) (e) and (6), the registrar may—
	(a)	require the person giving the undertaking to provide security, in a form satisfactory to the registrar, for the anticipated incurred expenses; and
	(b)	refuse to give documents to the Attorney-General under subrule (6) until security is provided.
6511	Service outside Australia—service in non-convention countries
(FCR o 8 rr 13-16)
	(1)	This rule applies if a person (the relevant person) wants to serve a document in a non-convention country.
	(2)	The relevant person must give the registrar—
	(a)	the document to be served; and
	(b)	if English is not an official language of the non-convention country—a written translation of the document in an official language of the country; and
	(c)	the further copies of the documents mentioned in paragraphs (a) and (b) that the registrar directs; and
	(d)	a request in accordance with subrule (3); and
	(e)	a request addressed to the Attorney-General under subrule (4).
	(3)	The request given to the registrar under subrule (2) (d) must—
	(a)	ask the registrar to send the document through the diplomatic channel to the non-convention country for service or, if substituted service is allowed under subrule (8), for substituted service on a stated person at a stated address or somewhere else in the country; and
	(b)	include an undertaking by the relevant person, or the relevant person’s solicitor, to be responsible for all expenses incurred by the court, or by anyone at the court’s request, in complying with the request (the incurred expenses) and to pay the registrar the amount of the incurred expenses on being given an account of them by the registrar.
Note	See approved form 6.5 (Request to Registrar for service in
non-convention country) AF2006-413.
	(4)	The request given to the registrar under subrule (2) (e) must—
	(a)	be made by the head of jurisdiction to the Attorney-General; and
	(b)	ask that the Attorney-General transmit the document to the government of the non-convention country with the following requests:
	(i)	that the document be served personally, or, if substituted service is allowed under subrule (8), by substituted service, on a stated person;
	(ii)	that evidence of service of the document be officially certified or declared (on oath or otherwise) to the court in a way that is consistent with usage or practice of courts in the non-convention country in proving service of legal process;
	(iii)	if the document is to be served personally—that, if efforts to serve the document personally prove ineffective, the government or a court of the non-convention country certify or declare (on oath or otherwise) that fact to the court.
Note	See approved form 6.6 (Request to Attorney-General for transmission of document to non-convention country) AF2006-414.
	(5)	The registrar must give the Attorney-General for transmission to the government of the non-convention country a sealed copy of the documents given to the registrar.
	(6)	An official certificate or declaration (on oath or otherwise) transmitted to the court through the diplomatic channel by the government or a court of the non-convention country is sufficient proof of the service of the document if it certifies or declares that (or to the effect that) the document has been—
	(a)	served personally or, if substituted service was allowed under subrule (8), by substituted service; and
	(b)	served in accordance with the law of the non-convention country.
	(7)	An official certificate or declaration mentioned in subrule (6), when filed in the court, is taken to be a record of the service of the document and equivalent to an affidavit of service under these rules.
	(8)	If an official certificate or declaration mentioned in subrule (6) certifies or declares that efforts to serve the document have been without effect, the court may, on application, order that the relevant person be allowed to request substituted service of the document.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(9)	A request for substituted service must be made by giving the registrar—
	(a)	the document to be served; and
	(b)	if English is not an official language of the non-convention country—a written translation of the document in an official language of the country; and
	(c)	the further copies of the documents mentioned in paragraphs (a) and (b) that the registrar directs; and
	(d)	a request that complies with subrule (3) (as if it were a request under subrule (2) (d)); and
	(e)	a request addressed to the Attorney-General that complies with subrule (4) (as if it were a request under subrule (2) (e)).
	(10)	The translation of a document mentioned in subrule (2) (b) or (9) (b) must be certified, in writing, by the person making it to be a correct translation of the document.
	(11)	The certificate of the person making the translation must also state the person’s full name and address and qualifications for making the translation.
	(12)	The registrar must give to the Attorney-General for transmission to the government of the non-convention country a sealed copy of—
	(a)	the order made by the court allowing substituted service; and
	(b)	the documents given to the registrar.
	(13)	The person giving the undertaking mentioned in subrule (3) (b) must pay the amount of the incurred expenses to the registrar not later than 7 days after the day the person is given an account of them by the registrar.
	(14)	If the amount of the incurred expenses is not paid in accordance with subrule (13), the court may, on its own initiative—
	(a)	order the party who obtained the order to pay the unpaid amount of the incurred expenses; and
	(b)	if the party is a plaintiff—stay the proceeding, until the unpaid amount is paid, to the extent that it relates to all or part of a claim for relief by that party; and
	(c)	if the party is a defendant—make any order it considers appropriate, including an order that, until the unpaid amount is paid, the defendant be taken not to have filed a notice of intention to respond or defence.
	(15)	Despite subrules (2) (d) and (5), the registrar may—
	(a)	require the person giving the undertaking to provide security, in a form satisfactory to the registrar, for the anticipated incurred expenses; and
	(b)	refuse to give documents to the Attorney-General under subrule (5) until security is provided.
6512	Service outside Australia—other orders
(SCR o 12 r 12)
The court may, with the Attorney-General’s agreement, make any order for service (including substituted service) necessary to give effect to this division.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
Division 6.8.10	Service of subpoenas in New Zealand
Note to div 6.8.10
This division does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
6520	Application—div 6.8.10
	(1)	This division applies to the service in New Zealand under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), part 2 of a subpoena issued in any proceeding in the Supreme Court, Magistrates Court or Coroner’s Court.
Note 1	The Evidence and Procedure (New Zealand) Act 1994 (Cwlth) does not apply to a subpoena issued in a criminal proceeding or family proceeding.  Family proceeding is defined in that Act, s 3 (1).
Note 2	The Evidence and Procedure (New Zealand) Regulations 1995 (Cwlth), reg 4 and sch 1, pt 1, item 1 prescribe the Supreme Court and Magistrates Court for the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 7 (b).
	(2)	This rule has effect despite rule 4 (Application of rules).
Note	This division applies to proceedings under the Domestic Violence and Protection Orders Act 2001.
6521	Terms used in Evidence and Procedure (New Zealand) Act
(SCR o 83 r 2; NSW r 32.1 (2))
A term used in the Evidence and Procedure (New Zealand) Act 1994 (Cwlth) has the same meaning in this division.
Note	For example, the following terms are defined in the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 3 (1):
·	expenses
·	person named
·	subpoena.
6522	Application for leave to serve subpoena in New Zealand
(SCR o 83 r 3; NSW r 32.2 (1))
An application for leave to serve a subpoena in New Zealand must be made—
	(a)	if the subpoena was issued in a proceeding in the Supreme Court—by application in the proceeding; or
Note	Pt 6.2 (Applications in proceedings) applies to the application.
	(b)	if the subpoena was issued in a proceeding in the Magistrates Court or Coroner’s Court—by originating application filed in the Supreme Court.
Note	Under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 9 leave must be given by a judge of the Supreme Court.
6523	Supporting affidavit—application for leave to serve subpoena in New Zealand
(SCR o 83 r 4; NSW r 32.2 (2))
	(1)	An application for leave to serve a subpoena in New Zealand must be supported by an affidavit.
	(2)	A sealed copy of the subpoena must be annexed to the affidavit.
	(3)	The affidavit must state the following:
	(a)	the name, occupation and address of the addressee for the subpoena and whether the addressee is at least 18 years old; 
	(b)	the nature and significance of the evidence required from, or of the document or thing required to be produced by, the addressee;
	(c)	details of the steps taken to find out whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the addressee;
	(d)	the date by which it is intended to serve the subpoena;
Note	The Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 9 (4) (a) requires any leave to be given on condition that the subpoena not be served after a specified day.
	(e)	details of—
	(i)	the calculation of the amount sufficient to compensate the addressee for expense or loss reasonably incurred in complying with the subpoena; and
	(ii)	how the amount is proposed to be given to the addressee;
Note 1	Expenses, for a subpoena, is defined in the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 3 (1).
Note 2	Service of the subpoena is effective only if allowances and travelling expenses for the addressee’s reasonable expenses of complying with the subpoena are given to the addressee before the addressee is to comply with the subpoena (see the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s11). 
Note 3	The Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 15 provides that the addressee is entitled to payment of a reasonable amount for expenses incurred in complying with the subpoena.
	(f)	if the subpoena is a subpoena to attend to give evidence—an estimate of the time that will be required for the addressee to attend to give evidence; 
	(g)	details of any facts or circumstances known to the person making the affidavit that may give cause for the subpoena to be set aside under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), section 14 (2) or (3) (Setting aside subpoenas).
6524	Application for leave to serve subpoena in New Zealand need not be served etc
(SCR o 83 r 5; NSW r 32.2 (3))
	(1)	Unless the Supreme Court otherwise orders, an application for leave to serve a subpoena in New Zealand need not be served on the addressee for the subpoena or anyone else.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering under this rule.
	(2)	Unless the Supreme Court otherwise orders on its own initiative, the application may be heard and decided in the absence of the addressee.
6525	Undertaking about paying loss or expense in complying with subpoena served in New Zealand
(SCR o 83 r 6; NSW r 32.2 (4))
	(1)	This rule applies to an application for leave to serve a subpoena in New Zealand if the addressee for the subpoena is not a party to the proceeding in which the subpoena was issued.
	(2)	Before giving leave to serve the subpoena, the judge may require the applicant to undertake to pay the addressee the amount of any reasonable loss or expense incurred in complying with the subpoena.
6526	Setting aside subpoena for service in New Zealand
(SCR o 83 rr 11-15; NSW r 32.5)
	(1)	This rule applies in relation to a subpoena issued by the Supreme Court, Magistrates Court or Coroner’s Court if leave to serve the subpoena in New Zealand has been given under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth) (the Commonwealth Act), section 9.
	(2)	The person named in the subpoena may apply to the Supreme Court under the Commonwealth Act, section 13 for the subpoena to be set aside.
Note	Pt 6.2 (Applications in proceedings) applies to the application.
	(3)	The application must be supported by an affidavit stating the facts and grounds on which the application is based. 
Note	The Evidence and Procedure (New Zealand) Act 1994 (Cwlth), s 13 (5) requires the registrar of the Supreme Court to serve a copy of the application and any supporting affidavit on the solicitor on the record for the person who obtained leave to serve the subpoena in New Zealand or, if there is no solicitor on the record, the person who obtained leave.
	(4)	An objection under the Commonwealth Act, section 14 (4) to the application being determined without a hearing must be made by filing a notice of objection not later than 7 days after—
	(a)	if the objection is by the applicant for the subpoena to be set aside—the day the application is filed; or
	(b)	if the objection is by the person who obtained leave to serve the subpoena in New Zealand—the day the application and its supporting affidavit are served on the person.
Note	See approved form 6.7 (Objection to determination of application for setting aside subpoena for service in New Zealand without hearing) AF2006-415.
	(5)	A request under the Commonwealth Act, section 14 (6) that the Supreme Court exercise its powers to hold a hearing on the application by video link or telephone must be made by filing a notice of request if the request is not made in the application.
Note	See approved form 6.8 (Request for hearing by video link or telephone‑application for setting aside subpoena for service in New Zealand) AF2006-416.
6527	Noncompliance with subpoena served in New Zealand
(SCR o 83 rr 8-10; NSW r 32.4)
	(1)	This rule applies in relation to a subpoena issued by the Supreme Court, Magistrates Court or Coroner’s Court (the issuing court) if leave to serve the subpoena in New Zealand has been given under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth) (the Commonwealth Act), section 9.
	(2)	The issuing court may issue a sealed certificate under the Commonwealth Act, section 16 (Noncompliance with subpoenas) on its own initiative or on the application of a party to the proceeding in which the subpoena was issued.
Note 1	See approved form 6.9 (Certificate of noncompliance with subpoena served in New Zealand) AF2006-417.
Note 2	Pt 6.2 (Applications in proceedings) applies to the application.
	(3)	The application must—
	(a)	be accompanied by—
	(i)	a draft of the certificate; and
	(ii)	an affidavit of service of the subpoena, the order giving leave to serve the subpoena in New Zealand and any other document required under the Commonwealth Act, section 10 (3); and
	(b)	be supported by an affidavit.
	(4)	The supporting affidavit must state the following:
	(a)	particulars of the order giving leave to serve the subpoena in New Zealand; 
	(b)	whether an application was made for the subpoena to be set aside and, if so, particulars of the application and any consequential orders made;
	(c)	that the subpoena was not complied with.
	(5)	Unless the issuing court otherwise orders, the application and documents required under subrule (3) need not be served on the addressee for the subpoena or anyone else.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering under this rule.
	(6)	Unless the issuing court otherwise orders, the application may be heard and decided in the absence of the addressee.
Note	The court may give leave for a fax or other copy of a document to be used (see r 6104 (Documents—use of copies)).
Division 6.8.11	Service of foreign legal process in the ACT
Note to div 6.8.11
This division does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
6540	Letter of request from foreign tribunal—procedure
(SCR o 12 r 11; MCR r 97A; Qld r 131)
	(1)	This rule applies if, in a civil or commercial matter before a court or tribunal of a foreign country (the foreign court)—
	(a)	the foreign court, by letter of request, requests service on a person in the ACT of any process or citation (the process) in the matter; and
	(b)	the Attorney-General files the request in the court and indicates that the process should be served.
	(2)	The following procedures apply:
	(a)	the letter of request must be accompanied by the following:
	(i)	if the letter is not in English—a translation of the letter in English;
	(ii)	2 copies of the process to be served;
	(iii)	either—
	(A)	2 copies of the process in English; or
	(B)	2 copies of the process each having a notation on it in English stating as precisely as possible the name and address of the person on whom the document is to be served, the nature of the document, and the names of the parties;
	(b)	if paragraph (a) (iii) (B) is complied with, it is not necessary to give the person served a translated copy of the process;
	(c)	an enforcement officer must serve the process personally under these rules;
	(d)	after serving the process, the enforcement officer must return to the registrar 1 copy of the process, an affidavit of service of the process, and particulars of charges for the cost of service of the process;
	(e)	the registrar must certify the charges, or another amount properly payable for service of the process;
	(f)	the registrar must send the following to the Attorney-General:
	(i)	the letter of request for service received from the foreign court;
	(ii)	the affidavit of service of the process, with a sealed certificate on it;
	(iii)	a certificate establishing the fact and the date of service or indicating why it has not been possible to serve the process;
	(iv)	a certificate stating the amount of the charges properly payable for the cost of serving the process.
6541	Orders for substituted service etc for div 6.8.11
(SCR o 12 r 12; Qld r 132)
With the Attorney-General’s agreement, the court may, in relation to the service of process of a court or tribunal of a foreign country, make an order for substituted service or any other order.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
6542	Noncompliance with div 6.8.11
(Qld r 133)
The court may order that effect is to be given to a letter of request for the service of process of a court or tribunal of a foreign country, even though rule 6540 (Letter of request from foreign tribunal—procedure) has not been complied with.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Part 6.9	Subpoenas
    
6600	Definitions—pt 6.9
(SCR o 1AA r 1)
	(1)	In this part:
issuing officer means the registrar.
issuing party, for a subpoena, means the party at whose request the subpoena is issued.
	(2)	To the extent that a subpoena requires the addressee to attend to give evidence, it is a subpoena to attend to give evidence.
	(3)	To the extent that a subpoena requires the addressee to produce the subpoena or a copy of it and a document or thing, it is a subpoena to produce.
6601	Issuing subpoena
(SCR o 1AA r 2)
	(1)	In any proceeding, the court may by subpoena order the addressee to do either or both of the following:
	(a)	to attend to give evidence as directed by the subpoena;
	(b)	to produce the subpoena or a copy of it and any document or thing as directed by the subpoena.
	(2)	An issuing officer must not issue a subpoena—
	(a)	without the court’s leave if it appears to the issuing officer that the subpoena—
	(i)	is not substantially complete; or
	(ii)	does not substantially comply in form with these rules; or
Note	The registrar may refuse to accept a subpoena for filing under r 6142 (Rejecting documents—abuse of process etc).
	(b)	if the court has made an order, or there is a provision of these rules, having the effect of requiring that the proposed subpoena—
	(i)	not be issued; or
	(ii)	not be issued without the court’s leave and the leave has not been given; or
	(c)	requiring the production of a document or thing in the custody of the court or another court.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave for this subrule.
	(3)	The issuing officer must seal, or otherwise authenticate, a sufficient number of copies of the subpoena for service and proof of service.
	(4)	A subpoena is taken to be issued on its being sealed or otherwise authenticated under subrule (3).
6602	Form of subpoena
(SCR o 1AA r 3)
	(1)	A subpoena must not be addressed to more than 1 person.
Note	See approved form 6.10 (Subpoena) AF2006-418.
	(2)	A subpoena must identify the addressee by name or by description of position.
Note	The Legislation Act, dict, pt 1 defines position to include office.
	(3)	A subpoena to attend to give evidence must state the date, time and place for attendance.
	(4)	A subpoena to produce must—
	(a)	identify the document or thing to be produced; and
	(b)	state the date, time and place for production.
	(5)	The date stated in a subpoena must be the date of trial or any other date allowed by the court.
	(6)	The place stated for production may be the court or the address of anyone authorised to take evidence in the proceeding.
	(7)	A subpoena must state the last date for service of the subpoena.
	(8)	The last date for service must be—
	(a)	5 days before the date stated in the subpoena for compliance with it; or
	(b)	if the court sets a different date under rule 6603 (Subpoena to produce—leave to serve late)—the date set.
	(9)	Subrule (8) is subject to rule 6481 (Subpoena—service on medical expert).
Note	Rule 6481 (2) provides that a subpoena requiring a medical expert to give evidence in a proceeding must be served at least 6 weeks before the date set by the court for the hearing of the proceeding unless the subpoena is served in accordance with leave under the rule.
	(10)	If the addressee is a corporation, the corporation must comply with the subpoena by its appropriate or proper officer.
6603	Subpoena to produce—leave to serve late
(NP 03.03.93)
	(1)	The court may give leave for a subpoena to produce to be served later than 5 days before the date stated in the subpoena for compliance with it (the compliance date).
	(2)	An application for leave is made by filing—
	(a)	a draft of the subpoena with a statement on its first page that leave is granted to serve the subpoena later than 5 days before the compliance date; and
	(b)	an affidavit in support of the application.
	(3)	The affidavit in support of the application must state—
	(a)	the need for production of the document or thing required to be produced by the subpoena; and
	(b)	the reason the subpoena was not issued in enough time to enable it to be served at least 5 days before the compliance date; and
	(c)	whether the addressee for the subpoena has been told about the subpoena and, if so, whether the addressee is able to produce the document or thing before the compliance date; and
	(d)	the earliest date when the subpoena can be served.
	(4)	If the court gives leave, it must set a date for the last date of service for the subpoena.
	(5)	Part 6.2 (Applications in proceedings) does not apply to an application under this rule.
	(6)	The draft subpoena and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.
	(7)	Unless the court otherwise orders on its own initiative, an application under this rule may be dealt with without a hearing and in the absence of the parties.
6604	Setting aside subpoena or other relief
(SCR o 1AA r 4)
	(1)	On the application of a party or someone else having a sufficient interest, the court may set aside a subpoena completely or partly, or grant other relief in relation to it.
Note	Pt 6.2 (Applications in proceedings) applies to an application under this rule.
	(2)	A copy of the application must be served on the issuing party.
	(3)	The court may order that the applicant give notice of the application to any other party or anyone else who has a sufficient interest.
6605	Service of subpoena
(SCR o 1AA r 5)
	(1)	A subpoena must be served personally on the addressee.
	(2)	Subrule (1) is subject to rule 6480 (Subpoena—service on solicitor) and rule 6481 (Subpoena—service of medical expert).
Note	See also div 6.8.10 (Service of subpoenas in New Zealand).
	(3)	The issuing party must serve a copy of a subpoena to produce on each other active party as soon as practicable after the subpoena has been served on the addressee.
6606	Compliance with subpoena
(SCR o 1AA r 6)
	(1)	An addressee need not comply with the requirements of a subpoena to attend to give evidence unless conduct money has been handed or tendered to the addressee a reasonable time before the date when attendance is required.
	(2)	An addressee need not comply with the requirements of a subpoena unless it is served on or before the date stated in the subpoena as the last date for service of the subpoena.
	(3)	Despite rule 6605 (1), an addressee must comply with the requirements of a subpoena even if it has not been served personally on the addressee (or, if the court orders service in another way, it has not been served in that way) if the addressee has, by the last date for service of the subpoena, actual knowledge of the subpoena and its requirements.
	(4)	The addressee must comply with a subpoena to produce—
	(a)	by attending at the date, time and place stated for production and producing the subpoena or a copy of it and the document or thing to the court or to the person authorised to take evidence in the proceeding; or
	(b)	by delivering or sending the subpoena or a copy of it and the document or thing to the registrar at the address stated for the purpose in the subpoena, so that they are received not less than 2 days before the date stated in the subpoena for attendance and production.
	(5)	For a subpoena that is both a subpoena to attend to give evidence and a subpoena to produce, production of the subpoena or a copy of it and the document or thing in any of the ways allowed by subrule (4) does not discharge the addressee from the obligation to attend to give evidence.
6607	Production of subpoenaed document etc otherwise than on attendance
(SCR o 1AA r 7)
	(1)	This rule applies if an addressee produces a document or thing under rule 6606 (4) (b).
	(2)	The registrar must, if asked by the addressee, give a receipt for the document or thing to the addressee.
	(3)	If the addressee produces more than 1 document or thing, the addressee must, if asked by the registrar, provide a list of the documents or things produced.
	(4)	The addressee may, with the issuing party’s agreement, produce a copy, instead of the original, of any document required to be produced.
	(5)	The addressee may, in the subpoena or at the time of production, tell the registrar in writing that any document or copy of a document produced need not be returned and may be destroyed.
6608	Removal, return, inspection etc of subpoenaed documents and things
(SCR o 1AA r 8)
The court may give directions, on application or its own initiative, in relation to the removal from and return to the court, and the inspection, copying and disposal, of any document or thing that has been produced to the court in response to a subpoena.
Note	Pt 6.2 (Applications in proceedings) applies to an application for directions under this rule.
6609	Inspection of, and dealing with, subpoenaed documents and things produced otherwise than on attendance
(SCR o 1AA r 9)
	(1)	This rule applies if an addressee produces a document or thing under rule 6606 (4) (b).
	(2)	On the request of a party, the registrar must tell the party whether production in response to a subpoena has happened and, if so, include a description, in general terms, of the documents and things produced.
	(3)	The request mentioned in subrule (2) must be made orally on the return date for the subpoena or in writing after the return date.
	(4)	A person may inspect a document or thing produced in response to a subpoena only—
	(a)	in accordance with this rule; or
	(b)	if the court has given leave and the inspection is in accordance with the leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave or an order under this rule.
	(5)	Unless the court otherwise orders, the registrar may allow the parties to inspect at the registry any document or thing produced unless the addressee, a party or someone else having sufficient interest objects to the inspection under this rule.
	(6)	If the addressee objects to a document or thing being inspected by any party to the proceeding, the addressee must tell the court about the objection and the grounds of the objection.
	(7)	The objection mentioned in subrule (6) must be made orally to the court on the return date for the subpoena or in writing to the court before or after the return date.
	(8)	If a party or person having a sufficient interest objects to a document or thing being inspected by a party to the proceeding, the objector may tell the court on the return date for the subpoena or in writing about the objection and the grounds of the objection.
	(9)	If the court receives an objection under this rule, the registrar—
	(a)	must not allow any, or any further, inspection of the document or thing the subject of the objection; and
	(b)	must refer the objection to the court for hearing and decision.
Note	The registrar may hear and decide the objection in some circumstances (see r 6253 (Registrar’s powers—subpoenas)).
	(10)	The registrar must tell the issuing party in writing about—
	(a)	the objection; and
	(b)	the date, time and place the objection will be heard.
	(11)	The issuing party must, a reasonable time before the date the objection will be heard, tell the addressee, the objector and each other active party in writing about—
	(a)	the objection; and
	(b)	the date, time and place the objection will be heard.
Note	See r 6767 (Power to allow removal of exhibits etc) for the procedure for the removal of documents and things from the registry.
6610	Disposal of subpoenaed documents and things produced
(SCR o 1AA r 10)
	(1)	This rule applies in relation to a proceeding before the end of the hearing of the proceeding.
Note	See r 6764 (Return of subpoenaed document or thing) for the return of documents or things produced on subpoena at the end of the hearing of a proceeding.
	(2)	Unless the court otherwise orders, the registrar may return to the addressee any document or thing produced in the proceeding in response to the subpoena.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering under this rule.
	(3)	The registrar must not return any document or thing under subrule (2) unless the registrar has given the issuing party at least 14 days notice of the registrar’s intention to do so and that period has ended.
	(4)	If the addressee has told the court that a document or copy of a document produced need not be returned and may be destroyed, the registrar may, unless the court otherwise orders, destroy the document or copy instead of returning it.
	(5)	The registrar must not destroy a document or copy of a document unless the registrar has first given the issuing party and the addressee at least 14 days notice of the registrar’s intention to destroy the document or copy.
6611	Costs and expenses of compliance with subpoena
(SCR o 1AA r 11)
	(1)	This rule applies if the addressee for a subpoena in a proceeding is not a party to the proceeding.
	(2)	The court may order the issuing party to pay the amount of any reasonable loss or expense incurred in complying with the subpoena.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	If an order is made under subrule (2), the court must fix the amount or direct that it be fixed according to the court’s usual procedure in relation to costs.
	(4)	An amount fixed under this rule is separate from and additional to—
	(a)	any conduct money paid to the addressee; and
	(b)	any witness expenses payable to the addressee; and
	(c)	any amount that the addressee is entitled to under rule 1722 (Costs—solicitors’ costs generally).
6612	Failure to comply with subpoena—contempt of court
(SCR o 1AA r 12)
	(1)	Failure to comply with a subpoena without lawful excuse is a contempt of court and the addressee may be dealt with accordingly.
	(2)	Despite rule 6605 (1), if a subpoena has not been served personally on the addressee, the addressee may be dealt with for contempt of court as if the addressee had been personally served if it is proved that the addressee had, by the last date for service of the subpoena, actual knowledge of the subpoena and of its requirements.
	(3)	This rule does not affect any power of the court to enforce compliance with a subpoena, including power to issue a warrant for the arrest of an addressee who does not comply with a subpoena.
Note 1	Failure to comply with a subpoena may also be a criminal offence (see Criminal Code, s 719 (Failing to attend) and s 720 (Failing to produce document or other thing)).
Note 2	See also r 2444 (Enforcement—failure of individual to comply with subpoena etc) and r 2445 (Enforcement—failure of corporation to comply with subpoena etc).
6613	Documents and things in custody of court
(SCR o 1AA r 13)
	(1)	A party who seeks production of a document or thing in the custody of the court or another court may tell the registrar in writing accordingly, identifying the document or thing.
	(2)	If the document or thing is in the custody of the court, the registrar must produce the document or thing—
	(a)	in court or to anyone authorised to take evidence in the proceeding, as required by the party; or
	(b)	as the court directs.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction or order under this rule.
	(3)	If the document or thing is in the custody of another court, the registrar must, unless the court has otherwise ordered—
	(a)	ask the other court to send the document or thing to the registrar; and
	(b)	after receiving it, produce the document or thing—
	(i)	in court or to anyone authorised to take evidence in the proceeding, as required by the party; or 
	(ii)	as the court directs.
	(4)	Subrules (2) and (3) do not apply if rule 6142 (Rejecting documents—abuse of process etc) applies.
6614	Application of pt 6.9—subpoena under Commercial Arbitration Act
(SCR o 1AA r 15)
	(1)	This part applies, with necessary changes, in relation to a subpoena issued under the Commercial Arbitration Act for an arbitration as if—
	(a)	a reference to a subpoena were a reference to a subpoena issued under the Commercial Arbitration Act; and
	(b)	a reference to a proceeding were a reference to the arbitration; and
	(c)	a reference to the registrar in rule 6606 (4) (b), rule 6607, rule 6609 and rule 6610 were a reference to the arbitrator or umpire for the arbitration; and
	(d)	a reference to the court in rule 6608, rule 6609, rule 6610 and rule 6611 were a reference to the arbitrator or umpire for the arbitration.
	(2)	In this rule:
arbitrator, for a subpoena, means the arbitrator for the arbitration in relation to which the subpoena was issued.
Commercial Arbitration Act means the Commercial Arbitration Act 1986.
umpire, for a subpoena, means the umpire for the arbitration in relation to which the subpoena was issued.
Note	The court has wide powers to issue subpoenas under the Arbitration Act (see s 17).

Part 6.10	Evidence
Note to pt 6.10
Pt 2.12 contains provisions about expert evidence in civil proceedings.
Division 6.10.1	General—pt 6.10
6700	Way evidence given—civil proceedings
(SCR o 39 r 1; MC(CJ)R s 195 and s 196; NSW r 31.1; Qld r 390)
	(1)	Evidence at the trial of a proceeding started by originating claim must be given orally in open court.
Note	A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39 (Proceeding incorrectly started by originating application)).
	(2)	Evidence in a proceeding started by originating application must be given by affidavit.
Note 1	A proceeding incorrectly started by originating claim is taken to be a proceeding started by originating application if the court orders that the proceeding continue as if started by originating application (see r 38 (Proceeding incorrectly started by originating claim)).
Note 2	See also r 36 (When originating application taken to be used).
	(3)	This rule applies—
	(a)	unless the court otherwise orders; or
	(b)	subject to the Commonwealth Evidence Act, these rules or any other territory law.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
Note 2	The following provisions set out other ways in which evidence may be given in particular circumstances or proceedings:
·	div 2.8.4 (Interrogatories)
·	div 2.12.4 (Expert reports)
·	r 1547 (Assessment of damages—use of affidavit evidence)
·	r 6701 (Evidence on affidavit by agreement—civil proceedings)
·	r 6702 (Evidence in another civil proceeding etc)
·	r 6703 (Evidence by telephone etc)
·	div 6.10.3 (Exchange of correspondence before making application in proceeding)
·	div 6.10.6 (Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link)
·	div 6.10.7 (Taking evidence from New Zealand by video link or telephone)
·	div 6.10.8 (Taking evidence otherwise than at trial).
6701	Evidence on affidavit by agreement—civil proceedings
(SCR o 40 r 24; MC(CJ)R s 196 (2))
	(1)	Unless the court otherwise orders, the parties to a proceeding started by originating claim may agree that evidence at the trial of the proceeding be given by affidavit.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
Note 2	A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39 (Proceeding incorrectly started by originating application)).
	(2)	The agreement must be made before the proceeding is set down for trial.
	(3)	The parties must tell the court about the agreement before the proceeding is set down for trial.
6702	Evidence in another civil proceeding etc
(SCR o 39 r 2; NSW r 31.8 and r 31.9; Qld r 395)
	(1)	A party to a civil proceeding may rely on evidence given or an affidavit filed in another proceeding or in an earlier stage of the same proceeding.
	(2)	The party must give all other active parties to the proceeding 2 days notice of the party’s intention to rely on the evidence.
	(3)	However, if the notice is not given to any other active party, the party may only rely on the evidence or the affidavit with the court’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
6703	Evidence by telephone etc
(SCR o 39 r 2A and o 80 r 3; NSW r 31.3; Qld r 392)
	(1)	The court may receive evidence or submissions by telephone, video link or another form of communication in a proceeding.
	(2)	The court may, by order, impose conditions for subrule (1).
Note 1	The following provisions also apply to receipt of evidence or submissions by the court by audiovisual or audio link:
·	from within the ACT—the Evidence (Miscellaneous Provisions) Act 1991, div 3.4
·	from elsewhere in Australia—the Evidence (Miscellaneous Provisions) Act 1991, div 3.2 and these rules, div 6.10.6 (Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link)
·	from New Zealand—the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), pt 4 and these rules, div 6.10.7 (Taking evidence from New Zealand by video link or telephone).
Note 2	The provisions of the Evidence (Miscellaneous Provisions) Act 1991 mentioned in note 1 do not exclude or limit the operation of any territory law (including these rules) that makes provision for the taking of evidence or the making of a submission outside the ACT for a proceeding in the ACT (see that Act, s 18).
Note 3	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
6704	Plans, photographs, video or audio recordings and models
(Qld r 393)
	(1)	This rule applies if a party intends to tender a plan, photograph, video or audio recording, or model at a trial.
	(2)	Unless the court otherwise orders, at least 7 days before the day the trial starts, the party must give all other parties an opportunity to—
	(a)	inspect anything mentioned in subrule (1) the party intends to tender; and
	(b)	agree to its admission without proof.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(3)	An application for an order under subrule (2) need not be served on another party and the court may direct that the application and any supporting evidence be placed in a sealed container, for example, an envelope.
Note 	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	The container may be opened only if the court orders it to be opened.
	(5)	Noncompliance with subrule (2) does not affect the admissibility of a plan, photograph, video or audio recording, or model.
	(6)	Compliance or noncompliance with subrule (2) may be taken into account on the question of costs.
	(7)	In this rule:
model includes a model or image generated by a computer.
Division 6.10.2	Affidavits
6710	Affidavit—form
(SCR o 40 r 2 and o 80 r3; MC(CJ)R s 204; NSW r 35.4; Qld r 431)
	(1)	An affidavit must be—
	(a)	made in the first person; and
	(b)	divided into paragraphs numbered consecutively; and
	(c)	limited, as far as possible, to 1 subject matter in each paragraph.
Note 1	See approved form 6.11 (Affidavit–general) AF2006-419.
Note 2	See also div 6.3.1 (General provisions about documents for filing), esp r 6103 (Documents—layout etc).
	(2)	If the person making an affidavit is, or is employed by, a party to the proceeding in which the affidavit is to be used, the affidavit must state that fact.
6711	Affidavit—contents
(SCR o 40 r 3 and o 80 r 3; MC(CJ)R s 208; NSW r 35.3 (3); Qld r 430)
	(1)	An affidavit must be confined to facts within the knowledge of the person making the affidavit.
	(2)	However, an affidavit to be used in an application in a proceeding may contain statements based on information and belief if the person making it states the sources of the information and the grounds for the belief.
Note 1	Application in a proceeding is defined in r 6006.
Note 2	The hearsay rule does not apply to evidence in an application in a proceeding if the party adducing the evidence also adduces evidence of its source (see Commonwealth Evidence Act, s 75 (Exception: interlocutory proceedings)). 
	(3)	This rule does not apply to an affidavit made under division 2.11.3 (Default by defendant).
Note	An affidavit in support of an application for default judgment must comply with r 1119 (Default judgments—relevant affidavits).
6712	Affidavit—annexures and exhibits
(SCR o 40 r 4 and o 80 r 3; MC(CJ)R s 212; NSW r 35.6; Qld r 435)
	(1)	A document to be used with an affidavit must, if convenient, be annexed to the affidavit.
	(2)	However, an annexure to an affidavit must not be longer than 20 pages and, if there is more than 1 annexure to an affidavit, the annexures must not total more than 20 pages.
	(3)	Each annexure must be identified sequentially on its 1st page by a letter, starting at ‘A’ for the 1st annexure.
	(4)	Each annexure must include on its 1st page a statement—
	(a)	identifying the annexure as the annexure mentioned in the affidavit of the person making the affidavit, and
	(b)	signed by the person before whom the affidavit is taken.
Note 	See approved form 6.12 (Annexure to affidavit) AF2006-420.
	(5)	A group of different documents may form a single annexure.
	(6)	If it is not practicable to annex a document to be used with an affidavit, a copy of the document may be annexed to the affidavit.
	(7)	If it is not convenient to annex a document (or a copy of the document) to an affidavit, the document may be made an exhibit to the affidavit.
	(8)	Each exhibit to the affidavit must be identified by a separate certificate.
Note	See approved form 6.13 (Certificate identifying exhibit) AF2006-421.
	(9)	The certificate is the title page for the exhibit, and must be securely attached to the front of it.
	(10)	The certificate—
	(a)	must be signed by the person before whom the affidavit is taken; and
	(b)	must include the initials of the person making the affidavit, followed by an identifying number corresponding to the number of the exhibit.
Examples for r (10) (b)
1	for the 1st exhibit, the identifying number is 1
2	for the 4th exhibit, the identifying number is 4
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(11)	An exhibit to an affidavit must be filed at the same time as the affidavit.
	(12)	Subrules (13) and (14) apply if—
	(a)	an exhibit to an affidavit contains a group of documents; or
	(b)	there is more than 1 documentary exhibit to an affidavit.
	(13)	The documents must be presented in a way that will facilitate the court’s efficient and quick reference to them.
	(14)	As far as practicable—
	(a)	the documents must be bound in 1 or more books, with the pages numbered; and
	(b)	a certificate must be bound—
	(i)	if there is 1 book—at the front of the book; or
	(ii)	if there is more than 1 book—at the front of each book dealing with the exhibits in the book; and
	(c)	an index to each book must be bound immediately after the certificate.
	(15)	If a document or thing has been filed in a proceeding, whether or not as an annexure or exhibit to an affidavit, in a subsequent affidavit filed in the proceeding—
	(a)	the document or thing must not be made an annexure or exhibit to the affidavit; and 
	(b)	the document or thing may be referred to in the affidavit in a way sufficient to enable the document or thing to be identified.
6713	Affidavit—document included in
(SCR o 40 r 4 (5) and o 80 r 3)
	(1)	A person making an affidavit may include the relevant part of a document in the affidavit instead of making the document an annexure or exhibit to the affidavit.
	(2)	The party filing the affidavit must produce the document whenever the affidavit is used.
6714	Affidavit—when may be taken
(SCR o 40 r 6 and o 80 r 3; MC(CJ)R s 203 (1))
An affidavit to be used in a proceeding may be taken before or after the proceeding starts.
6715	Affidavit—taking of
(SCR o 40 r 5 and r 7 and o 80 r 3; MC(CJ)R s 204 (2) (d); NSW r 35.7B; Qld r 432)
	(1)	The person (or each person) making an affidavit and the person taking the affidavit must sign or initial each page of the affidavit.
	(2)	For each person making the affidavit, a statement (a jurat) must be placed at the end of the body of the affidavit and must—
	(a)	state whether the affidavit was sworn or affirmed; and
	(b)	state the place the person made the affidavit; and
	(c)	be signed by the person making the affidavit in the presence of the person taking the affidavit; and
	(d)	then be signed by the person taking the affidavit, above a statement of the person’s full name, address and capacity to take the affidavit.
Example of capacity for r (2) (d)
solicitor
Note 1	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Note 2	See the Commonwealth Evidence Act, s 186 (Swearing of affidavits before justices of the peace, notaries public and lawyers) and the Oaths and Affirmations Act 1984, s 11 (Authority to administer oath etc).
	(3)	However, a single jurat may be used for 2 or more people making the affidavit if—
	(a)	they all swear or affirm the affidavit at the same time before the same person; and
	(b)	the jurat includes their names in addition to the details required for each of them under subrule (2).
6716	Affidavit—certificate of reading or signature for person making
(SCR o 40 r 8 and r 9 and o 80 r 3; MC(CJ)R s 210 and s 211; NSW r 35.7; Qld r 433)
	(1)	If the person taking an affidavit considers that the person making it is incapable of reading the affidavit, the person taking the affidavit must certify in or below the jurat that—
	(a)	the affidavit was read or otherwise communicated in the person’s presence to the person making it; and
	(b)	the person making it seemed to understand the affidavit; and 
	(c)	either—
	(i)	the person making the affidavit made his or her mark or signature in the presence of the person taking the affidavit; or 
	(ii)	if the person taking the affidavit considers that the person making it is not capable of marking or signing the affidavit—the person making it signified in another way that the person made the affidavit.
	(2)	If the person taking an affidavit considers that the person making it cannot understand the affidavit when the affidavit is read or otherwise communicated to the person in English, the person taking the affidavit must certify in or below the jurat that an interpreter, whose name and address is stated in the certificate, swore before the person taking the affidavit that—
	(a)	the interpreter had, in the presence of the person taking the affidavit, interpreted the contents of the affidavit to the person making the affidavit; and
	(b)	the person making the affidavit seemed to understand it; and
	(c)	the interpreter had interpreted the oath to the person; and 
	(d)	the person swore that the contents of the affidavit interpreted to the person were true. 
	(3)	If the person taking an affidavit considers that the person making it is physically incapable of signing the affidavit, but is capable of reading it, the person taking the affidavit must certify in or below the jurat that the person signified that the person made the affidavit.
	(4)	If an affidavit is made by a person who is incapable of reading the affidavit, and a certificate under subrule (1) or (2) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that—
	(a)	the affidavit was read or otherwise communicated to the person making it; and
	(b)	the person seemed to understand it; and
	(c)	the person signified that the person made the affidavit.
	(5)	If an affidavit is made by a person who is physically incapable of signing the affidavit, but is capable of reading it, and a certificate under subrule (3) does not appear on the affidavit, the affidavit may be used in a proceeding only if the court is satisfied that the person signified that the person made the affidavit.
	(6)	In this rule:
jurat—see rule 6715 (2) (Affidavit—taking of).
6717	Affidavit—alterations in
(SCR o 40 r 10 and o 80 r 3; MC(CJ)R s 213; NSW r 35.5; Qld r 434)
	(1)	This rule applies to an affidavit if—
	(a)	the body or jurat of the affidavit has been altered; or
	(b)	the affidavit verifies an account or other document that has been altered.
	(2)	Unless the court otherwise orders, the affidavit may be filed and served.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering or leave under this rule.
	(3)	However, the affidavit may only be used in a proceeding—
	(a)	with the court’s leave; or
	(b)	if the alteration was made in accordance with rule 6107 (Documents—alterations); or
	(c)	if the affidavit is taken before the registrar or another officer of the court and the registrar or other officer signs, initials or seals the alteration.
	(4)	This rule applies to an account or document verified by affidavit as if the account or document were part of the affidavit.
	(5)	In this rule:
alter includes alter by omission, substitution or addition.
jurat—see rule 6715 (2) (Affidavit—taking of).
6718	Affidavit—filing and service
(SCR o 40 r 11 and r 12 and o 80 r 3; MC(CJ)R s 206; NSW r 35.9; Qld r 437 and r 438)
	(1)	An affidavit to be used in a proceeding must be filed.
	(2)	A copy of an affidavit intended to be used by a party in a proceeding must be served on each other active party—
	(a)	if these rules or the court sets a time for service—not later than that time; or
	(b)	if these rules or the court does not set a time for service—within a reasonable time before the hearing of the proceeding.
	(3)	If an affidavit—
	(a)	has not been filed; or
	(b)	has not been served in accordance with this rule;
the affidavit may only be used in a proceeding with the court’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
	(4)	Subrule (2) and subrule (3) (b) do not apply to an application made without being served on another party.
6719	Affidavit—irregular in form
(SCR o 40 r 13 and o 80 r 3; MC(CJ)R s 205; NSW r 35.1; Qld r 436)
	(1)	An affidavit that is irregular in form (including an affidavit that does not comply with any approved form for the affidavit)—
	(a)	may be filed and served; and
	(b)	may be used in a proceeding only with the court’s leave.
Note	Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.
	(2)	If the court gives leave, the court must note on the affidavit that it was used by leave.
	(3)	An affidavit used under subrule (2) is afterwards taken to be a regular affidavit.
6720	Affidavit—scandalous matter etc
(SCR o 40 r 14 and o 80 r 3; MC(CJ)R s 214; Qld r 440)
	(1)	If an affidavit contains irrelevant, offensive, oppressive, scandalous, or vexatious matter, the court may order that—
	(a)	the matter be struck out; or
	(b)	the affidavit be removed from the file; or
	(c)	the affidavit be removed from the file and destroyed.
	(2)	The court may make an order under this rule on the application of an interested party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
6721	Affidavit—cross-examination of maker
(SCR o 40 r 15 and o 80 r 3; MC(CJ)R s 207; NSW r 35.2; Qld r 439)
	(1)	If an affidavit is to be relied on at a hearing, the court may, by order—
	(a)	direct the person making it to be examined and cross-examined before the court and may order the person to attend the court for the purpose; or
	(b)	dispense with the attendance for cross-examination of the person making it, and direct that the affidavit be used without the person making it being cross-examined in relation to it.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order or leave under this rule.
	(2)	If an affidavit to be relied on at a hearing is served on a party more than 1 day before the day set for the hearing, and the party wishes the person who made the affidavit to attend the court for cross‑examination, the party may, by notice served on the party filing or proposing to use an affidavit in the proceeding, require the attendance for cross-examination of the person who made the affidavit. 
	(3)	The notice must be served—
	(a)	if the court, by order, sets a time for service—within that time; or
	(b)	if the court does not set a time for service—not later than a reasonable time before the attendance is required.
	(4)	If an affidavit to be relied on at a hearing is served on a party less than 2 days before the day set for the hearing, the person who made the affidavit must attend the court to be available for cross-examination unless the party otherwise agrees or the court dispenses with the attendance of the person under subrule (1).
	(5)	If the person who made the affidavit does not attend for cross‑examination as required by a notice under subrule (2), the affidavit must not be used without the court’s leave unless the court has dispensed with the attendance of the person under subrule (1).
	(6)	If the person who made the affidavit is cross-examined, the party using the affidavit may re-examine the person.
	(7)	Unless the court otherwise orders, a party who serves a notice under subrule (2) for the person who made an affidavit to attend the court is not liable to pay the expenses of the attendance.
6722	Affidavit—taken before party
(Qld r 441)
The court may not receive, and a party may not file, an affidavit taken before a party personally.
Division 6.10.3	Exchange of correspondence before making application in proceeding
6740	Definitions—div 6.10.3
(Qld r 442)
In this division:
applicant means a party seeking, or proposing to seek, an order in relation to an application to which this division applies.
nominated time—see rule 6742 (2) (e) (Applicant’s letter to respondent).
respondent means a party against whom an order in relation to an application to which this division applies is, or is proposed to be, sought.
6741	Application—div 6.10.3
(Qld r 443)
This division applies to the following applications:
	(a)	an application under rule 434 (Pleadings—application for better particulars);
	(b)	an application under division 2.14.1 (Directions);
	(c)	an application under division 2.14.2 (Failure to comply with rules or order);
	(d)	any other application relating to a failure to comply with an order of the court.
6742	Applicant’s letter to respondent
(SCR o 23 r 8; MC(CJ)R s 122 (1) and (2); Qld r 444)
	(1)	For an application under rule 434 (Pleadings—application for better particulars), this rule applies only if a certificate of readiness for hearing—
	(a)	has not been filed; or
	(b)	has been withdrawn or struck out.
	(2)	Before making an application mentioned in rule 6741, the applicant must write to the respondent stating—
	(a)	the applicant’s complaint; and
	(b)	a brief statement of the relevant facts; and
	(c)	the relief sought by the applicant; and
	(d)	why the applicant should have the relief; and
	(e)	a time (at least 3 days after the day the letter is sent to the respondent) within which the respondent must reply to the letter (the nominated time); and
	(f)	that the letter is written under this rule.
	(3)	The applicant—
	(a)	need not serve the letter on the respondent under part 6.8 (Service); and
	(b)	may send the letter to the respondent by fax or email.
	(4)	The applicant must send a copy of the letter to everyone the applicant would be required to serve if the applicant was making an application to the court for the relief sought.
	(5)	The letter must list the people to whom a copy of the letter is sent.
	(6)	The applicant need not comply with subrule (4) if complying would—
	(a)	cause the applicant unnecessary delay, expense or inconvenience; or
	(b)	unfairly prejudice the applicant if a person mentioned in that subrule saw the contents of the letter.
6743	Respondent’s reply to applicant’s letter
(Qld r 445)
	(1)	If the respondent receives a letter from the applicant under rule 6742, the respondent must write to the applicant, stating—
	(a)	that the letter is a reply to the applicant’s letter under this rule; and
	(b)	what, if anything, the respondent proposes to do in response to the applicant’s letter; and
	(c)	if applicable, why the applicant should not have the relief sought.
	(2)	The respondent’s letter of reply must be sent to the applicant within the nominated time.
	(3)	The respondent must send a copy of the letter of reply to everyone the respondent would be required to serve if the applicant was making an application to the court for the relief sought.
	(4)	The letter of reply must list the people to whom a copy of the letter is sent.
	(5)	The respondent need not comply with subrule (3) if complying would—
	(a)	cause the respondent unnecessary delay, expense or inconvenience; or
	(b)	unfairly prejudice the respondent if a person mentioned in that subrule saw the contents of the letter in reply.
6744	Applicant and respondent—additional correspondence
(Qld r 446)
Rule 6742 (Applicant’s letter to respondent) and rule 6743 (Respondent’s reply to applicant’s letter) do not prevent the applicant and respondent from writing to each other in addition to the correspondence required under this division.
6745	Div 6.10.3 application—making application
(Qld r 447)
	(1)	The applicant may apply to the court only after—
	(a)	the applicant receives a letter of reply from the respondent under rule 6743 (Respondent’s reply to applicant’s letter); or
	(b)	the nominated time for replying has passed.
	(2)	The following documents must be filed with the application:
	(a)	the applicant’s letter to the respondent mentioned in rule 6742 (Applicant’s letter to respondent);
	(b)	the letter of reply (if any);
	(c)	other relevant correspondence between the applicant and the respondent exchanged after—
	(i)	the applicant receives the respondent’s letter of reply; or
	(ii)	the nominated time for replying has passed;
	(d)	relevant responses from anyone mentioned in rule 6742 (4) or rule 6743 (3);
	(e)	a list of the affidavits (if any) on which the applicant wishes to rely.
6746	Div 6.10.3 application—hearing
(Qld r 448)
	(1)	The court may hear an application to which this division applies that does not comply with this division if the court directs.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction under this rule.
	(2)	The court may decide an application to which this division applies on the basis of, or partly on the basis of, the contents of the letters between the applicant and the respondent.
	(3)	The court may receive affidavit evidence in relation to the application only if the court directs.
	(4)	Subrule (3) applies despite rule 6700 (Way evidence given—civil proceedings).
Division 6.10.4	Notices under Commonwealth Evidence Act
6750	Evidence of previous representation notice
(SCR o 1AB r 1; NSW r 31.5)
	(1)	A notice of intention to adduce evidence of a previous representation under the Commonwealth Evidence Act, section 67 (1) must be in accordance with the form approved under the Court Procedures Act 2004, section 8 for section 67.
	(2)	The notice may be accompanied by an affidavit setting out the evidence of the previous representation.
Note 1	The Commonwealth Evidence Act, s 67 (4) provides that the court may, on the application of a party, direct that 1 or more of s 63 (2), s 64 (2) or s 65 (2), (3) or (8) is to apply despite the party’s failure to give notice.
Note 2	Noncompliance with this rule does not make any proceeding void (see r 1450 (Effect of failure to comply with rules)).
6751	Objection to hearsay evidence notice—civil proceedings
(SCR o 1AB r 2)
A notice of objection to the tender of hearsay evidence under the Commonwealth Evidence Act, section 68 (2) must be in accordance with the form approved under the Court Procedures Act 2004, section 8 for that subsection.
6752	Tendency evidence notice
(SCR o 1AB r 3; NSW r 31.5)
A notice of intention to adduce tendency evidence under the Commonwealth Evidence Act, section 97 must be in accordance with the form approved under the Court Procedures Act 2004, section 8 for section 97.
Note	The Commonwealth Evidence Act, s 100 (1) provides that the court may, on the application of a party, direct that the tendency rule is not to apply to particular tendency evidence despite the party’s failure to give notice under s 97.
6753	Coincidence evidence notice
(SCR o 1AB r 4)
A notice of intention to adduce coincidence evidence under the Commonwealth Evidence Act, section 98 must be in accordance with the form approved under the Court Procedures Act 2004, section 8 for section 98.
Note	The Commonwealth Evidence Act, s 100 (2) provides that the court may, on the application of a party, direct that the coincidence rule is not to apply to particular coincidence evidence despite the party’s failure to give notice under s 98.
Division 6.10.5	Exhibits, documents and things
6760	Meaning of subpoenaed document or thing—div 6.10.5
(SCR o 39A r 1 and o 80 r 3)
In this division:
subpoenaed document or thing means a document or thing, produced in a proceeding because of a subpoena, by someone who is not a party to the proceeding.
6761	Registrar to keep record of proceeding
(SCR o 39A r 3 and o 80 r 3)
	(1)	The registrar must keep a record of each proceeding.
	(2)	The registrar must—
	(a)	take charge of a document or thing that is an exhibit in the proceeding; and
	(b)	mark or otherwise label each exhibit so the exhibit has a unique identifier in a sequence of consecutive identifiers allocated to the exhibits of the party that put it into evidence; and
	(c)	prepare a list of the exhibits for the proceeding that shows—
	(i)	the party that put the exhibit into evidence; and
	(ii)	if the exhibit was produced because of a subpoena—the name of the addressee for the subpoena.
	(3)	The list of exhibits forms part of the record of the proceeding.
	(4)	The registrar may treat 2 or more documents as a single exhibit.
6762	Custody of exhibits after proceeding
(SCR o 39A r 4 and o 80 r 3)
Unless the court otherwise orders, the registrar must keep exhibits in a proceeding in the court for at least—
	(a)	28 days after the day judgment is given in the proceeding; or
	(b)	if leave to appeal from the judgment is given within that time—28 days after the day leave is given.
Note 1	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
Note 2	Rule 5194 (Appeals to Court of Appeal—keeping exhibits) deals with the keeping of the exhibits if an appeal is started in the Court of Appeal from a judgment given in the proceeding.
6763	Duty of parties to claim exhibits
(SCR o 39A r 5 and o 80 r 3; Qld r 984A (2))
	(1)	The party that put an exhibit into evidence in a proceeding must apply to the registrar for the return of the exhibit as soon as practicable after—
	(a)	if an appeal is started in relation to the proceeding within the appeal period—the appeal is disposed of; or
	(b)	if an appeal is not started in relation to the proceeding within the appeal period—the appeal period ends.
	(2)	If the registrar has the exhibit, the registrar must give it to—
	(a)	the applicant; or
	(b)	if the exhibit belongs to someone who is not a party, and the application asks for it to be given to the person—the person.
	(3)	If the registrar does not have the exhibit, the registrar must get the exhibit and give it to—
	(a)	the applicant; or
	(b)	if the exhibit is a subpoenaed document or thing produced by someone who is not a party, and the application asks for it to be given to the person—the person.
	(4)	If a party does not apply for the return of an exhibit (other than a subpoenaed document or thing) put into evidence by the party, the registrar must—
	(a)	give the exhibit to the party; or
	(b)	if it is not practicable for the registrar to give the exhibit to the party—give notice to the party, the party’s solicitor, or anyone else who appears to the registrar to be the owner or person entitled to possession of the exhibit, to collect the exhibit from the registry not later than 28 days after the day the notice is given.
	(5)	If a party is given a subpoenaed document or thing, the party must return the document or thing to the addressee for the subpoena.
	(6)	This rule does not require a party to apply for the return of a subpoenaed document or thing.
	(7)	This rule applies subject to any direction of the court under rule 6608 (Removal, return, inspection etc of subpoenaed documents and things).
	(8)	In this rule:
appeal period, in relation to a proceeding, means 28 days after the day judgment is given in the proceeding.
6764	Return of subpoenaed document or thing
(SCR o 39A r 6 and o 80 r 3; Qld r 984A (2))
	(1)	This rule applies to a subpoenaed document or thing produced in a proceeding.
Note	See r 6610 (Disposal of subpoenaed documents and things produced) for the return or disposal of documents or things produced on subpoena before the end of the hearing of a proceeding.
	(2)	The registrar must—
	(a)	return, or arrange for the return of, the document or thing to the addressee for the subpoena; or
	(b)	if it is not practicable for the registrar to return, or arrange for the return of, the document or thing to the addressee for the subpoena—give notice to the addressee, or anyone else who appears to the registrar to be the owner or person entitled to possession of the document or thing, to collect the document of thing from the registry not later than 28 days after the day the notice is given.
	(3)	If the document or thing was not put into evidence as an exhibit in the proceeding (whether or not it was marked for identification) and subrule (2) (a) applies, it must be returned as soon as practicable after the hearing of the proceeding.
	(4)	If the document or thing was put into evidence as an exhibit in the proceeding and subrule (2) (a) applies, it must be returned as soon as practicable after—
	(a)	if an appeal is started in relation to the proceeding within the appeal period—the appeal is disposed of; or
	(b)	if an appeal is not started in relation to the proceeding within the appeal period—the appeal period ends.
	(5)	This rule applies subject to any direction of the court under rule 6608 (Removal, return, inspection etc of subpoenaed documents and things).
6765	Requirement to give or send exhibit
(SCR o 39A r 7 and o 80 r 3)
	(1)	If the registrar is required to give an exhibit (including a subpoenaed document or thing) to a person under rule 6763 (Duty of parties to claim exhibits) or rule 6764 (Return of subpoenaed document or thing), the registrar must give or send the exhibit to the person in a way that seems reasonable to the registrar.
	(2)	This rule applies subject to any direction of the court under rule 6608.
6766	Disposal of exhibits
(Qld r 984A)
	(1)	This rule applies if—
	(a)	the registrar has given notice to someone under rule 6763 (4) (b) in relation to an exhibit other than a subpoenaed document or thing or rule 6764 (2) (b) in relation to an exhibit that is a subpoenaed document or thing; and
	(b)	at the end of 3 months after the day the notice is given, the exhibit has not been collected from the registry.
Note	For the disposal of a document or thing produced on subpoena by a party that is not an exhibit, see r 6608 (Removal, return, inspection etc of subpoenaed documents and things).
	(2)	The registrar may destroy or otherwise dispose of the exhibit in the way the registrar considers appropriate.
	(3)	The registrar may apply to the court at any time for an order about the return, destruction or other disposal of an exhibit.
	(4)	If the registrar returns, destroys or otherwise disposes of an exhibit under rule 6763 (Duty of parties to claim exhibits), rule 6764 (Return of subpoenaed document or thing) or this rule, the registrar must ensure a note is placed on the court file specifying the exhibit and details of the person to whom it was returned or the way in which it was destroyed or otherwise disposed of.
	(5)	This rule applies subject to any direction of the court under rule 6608.
6767	Power to allow removal of exhibits etc
(SCR o 39A r 8 and o 80 r 3)
	(1)	This rule applies to a document or thing that the registrar has in relation to a proceeding, whether or not the document or thing—
	(a)	is an exhibit; or
	(b)	was produced on subpoena.
	(2)	The registrar must not permit the document or thing to be removed from the registry except on application signed by the solicitor for a party to the proceeding.
	(3)	The registrar may—
	(a)	permit the document or thing to be removed from the registry on any conditions the registrar considers appropriate; or
	(b)	refuse to permit the document or thing to be removed.
	(4)	If a solicitor removes the document or thing from the registry with the registrar’s permission, the solicitor is taken to undertake to the court that—
	(a)	the document or thing will be kept in the personal custody of the solicitor or counsel briefed by the solicitor in the proceeding; and
	(b)	the document or thing will be returned to the registry in the same condition, order and packaging in which it was removed, when directed by the registrar; and
	(c)	the solicitor will comply with the conditions (if any) to which the permission is subject.
	(5)	This rule applies subject to any direction of the court under rule 6608 (Removal, return, inspection etc of subpoenaed documents and things).

Division 6.10.6	Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link
6800	Application for direction under Evidence (Miscellaneous Provisions) Act, s 20
(SCR o 39 rr 3-5 and o 80 r 3)
	(1)	An application for a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (Territory courts may take evidence and submissions from outside ACT) may be made in a civil or criminal proceeding.
Note	Pt 6.2 (Applications in proceedings) applies to an application or a direction under this rule.
	(2)	The application may be made orally.
	(3)	The application must be supported by an affidavit stating—
	(a)	why the evidence should be taken or submissions made by audiovisual link or audio link; and
	(b)	the nature of any evidence to be taken; and
	(c)	the number of witnesses to be examined; and
	(d)	whether issues of character are likely to be raised; and
	(e)	the expected duration of the evidence or submissions; and
	(f)	a description of the facilities that are available, or that can reasonably be made available, for the evidence to be taken or submissions to be made; and
	(g)	that the requirements of the Evidence (Miscellaneous Provisions) Act 1991, section 20 (2) can be met.
	(4)	In deciding whether to make the direction, the court may have regard to the following matters:
	(a)	the matters included in the applicant’s affidavit; 
	(b)	the cost and convenience to the witnesses and parties.
	(5)	Subrule (4) does not limit the matters to which the court may have regard.
6801	Directions for Evidence (Miscellaneous Provisions) Act, s 20
(SCR o 39 r 6 and o 80 r 3)
	(1)	If the court gives a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (Territory courts may take evidence and submissions from outside ACT), it may, on application or its own initiative, direct the registrar to arrange for and coordinate the use of appropriate facilities in the ACT and the other jurisdiction.
	(2)	Without limiting subrule (1), the court may direct that—
	(a)	the registrar arrange for the evidence to be given, or the submissions to be made, at a court of the other jurisdiction or at another place approved by that court for the purpose; and
	(b)	an officer of the court of the other jurisdiction, or anyone else approved by that court for the purpose, be asked to be present to assist in the transmission of the evidence or submissions and, in particular, to—
	(i)	introduce witnesses and legal representatives; and
	(ii)	assist with the administration of oaths, if necessary; and
	(iii)	assist in carrying out any direction given or request made by the judicial officer hearing the evidence or submissions.
Division 6.10.7	Taking evidence from New Zealand by video link or telephone
6805	Terms used in Evidence and Procedure (New Zealand) Act
(SCR o 83 r 2; NSW r 32.1 (2))
A term used in the Evidence and Procedure (New Zealand) Act 1994 (Cwlth) has the same meaning in this division.
6806	Application for direction under Evidence and Procedure (New Zealand) Act, s 25
(SCR o 83 rr 16-18; NSW r 32.6 (1)-(2))
	(1)	An application for a direction under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), section 25 (Australian courts may take evidence etc from New Zealand) may be made in a civil or criminal proceeding.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a direction under this rule.
	(2)	The application may be made orally.
	(3)	The application must be supported by an affidavit stating—
	(a)	why the evidence should be taken or submissions made by video link or telephone from New Zealand; and
	(b)	the nature of any evidence to be taken; and
	(c)	the number of witnesses to be examined; and
	(d)	whether issues of character are likely to be raised; and
	(e)	the expected duration of the evidence or submissions; and
	(f)	a description of the facilities that are available, or that can reasonably be made available, for the evidence to be taken or submissions to be made; and
	(g)	that the requirements of the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), section 25 and section 26 (Taking evidence by video link), or section 27 (Taking evidence by telephone), can be met.
	(4)	In deciding whether to make the direction, the court may have regard to the following matters:
	(a)	the matters included in the applicant’s affidavit; 
	(b)	the cost and convenience to the witnesses and parties.
	(5)	Subrule (4) does not limit the matters to which the court may have regard.
6807	Directions for Evidence and Procedure (New Zealand) Act, s 25
(SCR o 83 r 19; NSW r 32.6 (3)-(4))
	(1)	If the court gives a direction under the Evidence and Procedure (New Zealand) Act 1994 (Cwlth), section 25 (Australian courts may take evidence etc from New Zealand), it may, on application or its own initiative, direct the registrar to arrange for and coordinate the use of appropriate facilities in the ACT and New Zealand.
	(2)	Without limiting subrule (1), the court may direct that—
	(a)	the registrar arrange for the evidence to be given, or the submissions to be made, at the High Court of New Zealand or at another place approved by that court for the purpose; and
	(b)	an officer of the High Court of New Zealand, or anyone else approved by that court for the purpose, be asked to be present to assist in the transmission of the evidence or submissions and, in particular, to—
	(i)	introduce witnesses and legal representatives; and
	(ii)	assist with the administration of oaths, if necessary; and
	(iii)	assist in carrying out any direction given or request made by the judicial officer hearing the evidence or submissions.
Division 6.10.8	Taking evidence otherwise than at trial
6810	Definitions—div 6.10.8
(CPA s 57; FEA s 3)
In this division:
examination—
	(a)	means an examination of a person under an examination order; and
	(b)	includes a proceeding for the taking of evidence of a person conducted by a judicial authority of a place outside the ACT (including outside Australia) under a letter of request issued under an examination order.
examination order means an order—
	(a)	under rule 6813 (Order for taking evidence otherwise than at trial); or
	(b)	under the Foreign Evidence Act 1994 (Cwlth), section 7 (Orders for taking evidence abroad) or section 10 (Orders for taking evidence abroad—inferior courts).
examiner, in relation to an examination, means the person before whom the examination is to be conducted under the examination order for the examination.
6811	Effect of court directions for examination order
(SCR o 39 r 24E (2))
The provisions of this division about the examination of a person under an examination order apply subject to—
	(a)	for an examination order under rule 6813—any directions of the court under rule 6813 (4); or
	(b)	for an examination order under the Foreign Evidence Act 1994 (Cwlth)—any directions of the Supreme Court under that Act, section 8 (1).
6812	Application of div 6.10.8 to letter of request
(SCR o 39 r 24F (2))
The provisions of this division about the examination of a person under an examination order apply, with any necessary changes, to a proceeding for the taking of evidence of a person under a letter of request issued under an examination order—
	(a)	as if the court or tribunal taking the evidence were an examiner appointed under this division; but
	(b)	subject to—
	(i)	the terms of the letter of request; and
	(ii)	if the court or tribunal is a court or tribunal of a foreign country—any convention dealing with the examination of witnesses to which Australia and the foreign country are parties.
6813	Order for taking evidence otherwise than at trial
(SCA s 57; CPA s 58; FEA s 7 and s 8; MC(CJ)R s 202 (1); MCR s 7; NSWECA s 6 and s 20; Qld r 396)
	(1)	In any civil or criminal proceeding in the court, the court may, on the application of a party to the proceeding, make an order—
	(a)	for the examination of a person on oath at a place in or outside the ACT (including outside Australia) before a person appointed by the court; or
Note	Oath includes affirmation (see Legislation Act, dict, pt 1).
	(b)	for the issue of a commission for the examination of a person on oath at a place in or outside the ACT (including outside Australia); or
	(c)	for the issue of a letter of request to a judicial authority of a place outside the ACT (including outside Australia) to take the evidence of a person (or cause it to be taken).
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order or direction under this rule.
	(2)	The court may make an order under subrule (1) only if it appears in the interests of justice to make the order.
	(3)	In deciding whether it is in the interests of justice to make the order, the court must have regard to—
	(a)	whether the person to be examined is willing or able to come to the ACT to give evidence in the proceeding; and
	(b)	whether the person will be able to give evidence material to any issue to be tried in the proceeding; and
	(c)	whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order.
	(4)	If the court makes an order under subrule (1) (a) or (b), it may, when it makes the order or subsequently, give any direction it considers just in relation to the examination.
	(5)	If the court makes an order under subrule (1) (c), it may include in the order a request about anything relating to the taking of the evidence, including, for example—
	(a)	the examination, cross-examination or re-examination of the person, whether the evidence is to be given orally, by affidavit or in another way; and
	(b)	the attendance of the legal representative of each party to the proceeding and the participation of the legal representatives in the examination.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
6814	When examination order may be made
(SCA s 57; SCR o 39 r 9)
The court may make an examination order at any stage of the proceeding.
6815	Application for examination order
(SCR o 39 r 10)
	(1)	Any party to a proceeding may apply for an examination order.
Note 1	An application for an order under the Foreign Evidence Act 1994 (Cwlth) can only be made to the Supreme Court (see that Act, s 7 and s 10).
Note 2	Pt 6.2 (Applications in proceedings) applies to an application for an examination order.
	(2)	The application must be supported by an affidavit.
6816	Appointment of examiner
(SCR o 39 r 11; NSW r 24.4; Qld r 396)
	(1)	The court may appoint any of the following as an examiner:
	(a)	a judicial officer or other officer of the court;
	(b)	anyone else it considers appropriate.
	(2)	A judicial officer or other officer of the Supreme Court may only be appointed with the agreement of the Chief Justice.
	(3)	A judicial officer or other officer of the Magistrates Court may only be appointed with the agreement of the Chief Magistrate.
	(4)	The Legislation Act, part 19.3 (Appointments) does not apply to an appointment under this rule.
6817	Documents for examiner
(SCR o 39 r 13; NSW r 24.7; Qld r 397)
	(1)	A party who obtains an examination order must give the examiner copies of the documents in the proceeding necessary to inform the examiner of the relevant questions for the examination.
	(2)	If the documents in the proceeding are not sufficient to inform the examiner of the questions, the court must state the questions in the examination order or a later order.
Note	Pt 6.2 (Applications in proceedings) applies to an application for a later order.
	(3)	Subrule (1) does not apply if the examiner is a judicial officer or other officer of the court.
6818	Time and place of examination etc
(SCA s 57 (c); CPA s 58 (3); SCR o 39 r 14; NSW r 24.8; Qld r 398)
	(1)	The examiner must set the time and place for the examination, unless the court otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(2)	The time set must be as soon as practicable after the making of the examination order.
	(3)	The examiner must tell the party who obtained the examination order of the time and place set for the examination at least 7 days before the day set for the examination.
	(4)	The party who obtained the examination order must give notice of the time and place set for the examination to the person to be examined and each other active party at least 3 days before the day set for the examination.
	(5)	Also, if the person to be examined is not a party to the proceeding, the party who obtained the examination order must serve the person with a subpoena under part 6.9 (Subpoenas) at least 3 days before the day set for the examination.
6819	Conduct of examination
(SCR o 39 r 15; NSW r 24.9; Qld r 399)
	(1)	Subject to this division, an examination must be conducted in accordance with the procedure of the court.
Note	The examination is an examination on oath (see r 6813 (1) (a) and (b) (Order for taking evidence otherwise than at trial)).
	(2)	Each party to the proceeding and each party’s counsel and solicitor may attend the examination.
	(3)	The person examined may be cross-examined and re-examined, unless the court otherwise orders.
	(4)	The examination, cross-examination and re-examination of the person examined is to be conducted in the same way as at a trial, unless the court otherwise orders.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
	(5)	The examiner may put any question to the person being examined about—
	(a)	the meaning of an answer given by the person; or 
	(b)	anything arising during the examination, cross-examination or re-examination. 
	(6)	The examiner may adjourn the examination from time to time or from place to place.
6820	Examination of additional people
(SCR o 39 r 16; NSW r 24.10; Qld r 400)
	(1)	If the examiner is a judicial officer of a court, the examiner may, on the application of a party, examine a person not named or provided for in the examination order.
Note	Pt 6.2 (Applications in proceedings) applies to an application under r (1).
	(2)	If the examiner is not a judicial officer of a court, the examiner may, with the written agreement of every active party to the proceeding, examine a person not named or provided for in the examination order.
	(3)	The examiner must attach the agreements of the parties to the deposition under rule 6822 (Recording evidence of examination) of a person examined under subrule (2).
6821	Objections by party or person being examined
(SCR o 39 r 17; NSW r 24.11; Qld r 401)
	(1)	This rule applies if—
	(a)	the examiner is not a judicial officer of a court; and
	(b)	either—
	(i)	a party to the proceeding objects to a question put to a person being examined; or
	(ii)	a person being examined objects to answering a question or producing a document or thing.
	(2)	The examiner must state to the parties the examiner’s opinion, but must not decide, on the validity of the objection. 
	(3)	The following matters must be set out in the deposition under rule 6822 (Recording evidence of examination) of the person examined, or in a statement attached to the deposition:
	(a)	the question;
	(b)	the ground for the objection;
	(c)	the examiner’s opinion;
	(d)	except if the objection is based on privilege, the answer.
	(4)	On application by a party, the court may decide the validity of the objection.
Note	Pt 6.2 (Applications in proceedings) applies to an application under r (4).
	(5)	If the court disallows the objection, it may—
	(a)	remit the examination back to the examiner with any necessary direction about the conduct of the examination; and
	(b)	make an order for the costs caused by the objection, including an order for costs against the person being examined.
6822	Recording evidence of examination
(SCR o 39 r 18 and r 19; NSW r 24.12 and r 24.14; Qld r 402)
	(1)	The examiner must ensure evidence given at the examination is recorded, in writing or in another way, and authenticated by the examiner.
	(2)	The court or the examiner may give directions for making an audiovisual recording of the evidence at the examination.
	(3)	If a transcript of the evidence is prepared, the person who prepares the transcript must certify that it is a correct transcript of the evidence recorded.
	(4)	The examiner must authenticate and sign any deposition or other recording.
	(5)	If evidence given at an examination is recorded in a deposition, it must—
	(a)	contain, in question and answer form, the evidence of the person examined; and 
	(b)	be transcribed and read over by or to the person examined in the examiner’s presence and in the presence of the parties wishing to attend; and
	(c)	be signed by the person examined or, if the person refuses to sign the deposition, by the examiner for the person.
6823	Authentication and filing of deposition of examination etc
(SCR o 39 r 19; Qld r 403)
	(1)	This rule applies if a deposition under rule 6822 (Recording evidence of examination) is produced.
	(2)	The examiner must write on the deposition a statement signed by the examiner of the time spent in taking the examination and the fees (if any) received for the examination.
	(3)	The examiner must send the following to the registrar:
	(a)	the original record of the deposition;
	(b)	any transcript of that record;
	(c)	any audiovisual recording;
	(d)	any exhibits obtained during the examination.
	(4)	The registrar must file in the court the documents mentioned in subrule (3) (a) and (b).
6824	Special report on examination
(SCR o 39 r 20; NSW r 24.15; Qld r 404)
An examiner may report to the court on—
	(a)	the examination; or
	(b)	the absence of a person from the examination; or
	(c)	the conduct of a person at the examination.
6825	Default of witness at examination
(SCR o 39 r 21; NSW r 24.16; Qld r 405)
	(1)	This rule applies if–
	(a)	a person is required by subpoena or a notice under rule 6482 (Medical expert—notice instead of subpoena) to attend before an examiner; and
	(b)	the person does not attend or refuses to take an oath for the examination, answer a lawful question or produce a document or thing.
	(2)	The examiner must, if asked by a party, give the party a certificate signed by the examiner of the facts mentioned in subrule (1).
	(3)	On the filing of the certificate, on application by any party, the court may order the person—
	(a)	to attend before the examiner, be sworn, answer the question or to produce the document or thing; and
	(b)	to pay any costs caused by the person’s refusal.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
6826	Costs of examination
(NSW r 24.4 (2)-(7))
The court may make an order about the costs of an examination under an examination order.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
6827	Witness expenses for witness at examination
(SCR o 39 r 22; NSW r 24.20; Qld r 406)
A person appearing before an examiner to be examined, or to produce a document or thing, is entitled to payment of the same amount for expenses and loss of time that the person would have been entitled to on attending to give evidence, or to produce a document or thing, at the trial of the proceeding before the court.
6828	Admissibility of deposition of examination
(Qld r 407)
	(1)	A deposition under rule 6822 (Recording evidence of examination) is admissible in evidence at the trial of a proceeding only if—
	(a)	the deposition is made under an examination order; or
	(b)	the deposition is admissible under the Commonwealth Evidence Act; or
	(c)	a territory law provides for the deposition to be admissible.
Note	A territory law includes these rules (see Legislation Act, s 98).
	(2)	A deposition purporting to be signed by the person before whom it was taken is receivable in evidence without proof of the signature of the person.
6829	Letter of request
(SCR o 39 r 24C and r 24D; NSW r 24.5; Qld r 408 and r 409)
	(1)	This rule applies if an examination order is made for the issue of a letter of request to the judicial authority of a place outside the ACT.
	(2)	The party obtaining the order must give the registrar—
	(a)	a draft of the letter of request; and
	(b)	any interrogatories and cross-interrogatories to accompany the letter of request; and
	(c)	if the place is a foreign country where English is not an official language—a written translation, in an official language of the country, of the documents mentioned in paragraphs (a) and (b); and
	(d)	the further copies of each of the documents mentioned in paragraphs (a) and (b) that the registrar directs; and
	(e)	an undertaking in accordance with subrule (5).
	(3)	The translation mentioned in subrule (2) (c) must be certified, in writing, by the person making it to be a correct translation of the document.
	(4)	The certificate of the person making the translation must also state the person’s full name and address and qualifications for making the translation.
	(5)	The undertaking given to the registrar under subrule (2) must be an undertaking by the party obtaining the order, or the party’s solicitor—
	(a)	to be responsible for all expenses incurred by the court, or by anyone at the court’s request, in relation to the letter of request (the incurred expenses); and
	(b)	to pay the registrar the amount of the incurred expenses on being given an account of them by the registrar.
	(6)	Despite the making of the order and subrules (2) (e), the registrar may—
	(a)	require the person giving the undertaking to provide security, in a form satisfactory to the registrar, for the anticipated expenses in relation to the letter of request; and
	(b)	refuse to take action in relation to the letter of request until the security is provided.
	(7)	The person giving the undertaking must pay the amount of the incurred expenses to the registrar not later than 7 days after the day the person is given an account of them by the registrar.
	(8)	If the amount of the incurred expenses is not paid in accordance with subrule (7), the court may, on its own initiative—
	(a)	order the party who obtained the order to pay the unpaid amount of the incurred expenses; and
	(b)	if the party is a plaintiff—stay the proceeding, until the unpaid amount is paid, to the extent that it relates to all or part of a claim for relief by that party; and
	(c)	if the party is a defendant—make any order it considers appropriate, including an order that, until the unpaid amount is paid, the defendant be taken not to have filed a notice of intention to respond or defence or not be allowed to use in evidence any deposition of a witness obtained under the letter of request.
6830	Use of evidence taken in examination
(SCA s 57 (d); CPA s 58 (6)-(8); FEA s 9, s 12, s 15; NSWECA s 8, s 10, s 20 and s 24)
	(1)	The court may, on the conditions (if any) it considers just, allow a party to a proceeding to tender as evidence in the proceeding—
	(a)	a person’s evidence taken in an examination held under an order made in the proceeding under rule 6813 (Order for taking evidence otherwise than at trial); or
	(b)	a record of that evidence.
Note 1	The Foreign Evidence Act 1996 (Cwlth), s 9, s 12, s 13, s 14 and s 15 deal with the use of evidence taken under that Act.
Note 2	Pt 6.2 (Applications in proceedings) applies to an application under this rule.
	(2)	However, evidence of a person tendered under subrule (1) is not admissible if the evidence would not have been admissible if it had been given or produced at the hearing.
	(3)	Also, the court may exclude from the proceeding evidence taken under an order under rule 6813 even if it is otherwise admissible, if it considers that it is in the interests of justice to exclude the evidence.
	(4)	Without limiting rule 6016 (Application in proceeding—oral application), an application under this rule may be made orally, unless the court otherwise orders on its own initiative.
	(5)	In this rule:
evidence, in relation to an examination, includes—
	(a)	a document produced at the examination (including an exhibit); and
	(b)	answers made, whether in writing, or orally and reduced to writing, to any interrogatories presented at the examination.
6831	Use of evidence taken in an examination—subsequent proceedings
(CPA s 60; FEA s 13 and s 14; NSWECA s 25 and s 26)
	(1)	If the court makes an order under rule 6813 (Order for taking evidence otherwise than at trial) for a committal proceeding (the primary order), it may include in the primary order an order that evidence taken outside the ACT under the primary order may, subject to subrules (3), (4) and (5), be tendered in a proceeding (the subsequent proceeding) that is—
	(a)	a criminal proceeding that results from the committal proceeding; or
	(b)	a related civil proceeding.
	(2)	If the court makes an order under rule 6813 for a criminal proceeding other than a committal proceeding (the primary order), it may include in the primary order an order that evidence taken outside the ACT under the primary order may, subject to subrules (3), (4) and (5), be tendered in a proceeding (also the subsequent proceeding) that is a related civil proceeding.
	(3)	If the court has included in an order under rule 6813 (the primary order) an order under this rule, the court before which the subsequent proceeding is brought may allow a party to the subsequent proceeding to tender as evidence in the subsequent proceeding—
	(a)	a person’s evidence taken in an examination held under the primary order; or
	(b)	a record of that evidence.
Note	Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.
	(4)	However, evidence of a person tendered under subrule (3) is not admissible if—
	(a)	at the hearing of the subsequent proceeding the court is satisfied that the person is in the ACT and is able to attend the hearing; or 
	(b)	the evidence would not have been admissible had it been given or produced at the hearing.
	(5)	Also, the court before which the subsequent proceeding is brought may exclude from the subsequent proceeding evidence taken in an examination held under an order under rule 6813 even if it is otherwise admissible, if it considers that it is in the interests of justice to exclude the evidence.
	(6)	In this rule:
related civil proceeding, in relation to a criminal proceeding, means any civil proceeding arising from the same subject matter from which the criminal proceeding arose, and, in particular, includes—
	(a)	a proceeding under the Confiscation of Criminal Assets Act 2003; and
	(b)	a proceeding for the recovery of tax, or any duty, levy or charge payable to the Territory.
6832	Amendment and revocation of examination orders
(CPA s 61; FEA s 16; NSWECA s 13)
	(1)	The court may amend or revoke an order made under rule 6813 (Order for taking evidence otherwise than at trial) (a primary order).
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(2)	The power given by subsection (1) includes the power to—
	(a)	include in a primary order an order under rule 6831; or
	(b)	amend or revoke an order under rule 6831 that is included in a primary order.
	(3)	If a primary order that includes an order under rule 6831 is revoked, the order under rule 6831 is taken to have been revoked at the same time.
6833	Exclusion of evidence in criminal proceeding
(CPA s 62)
This division does not affect the power of the court in hearing a criminal proceeding to exclude evidence that has been obtained illegally or that would, if admitted, operate unfairly against the defendant.
Division 6.10.9	Taking evidence for Australian and foreign courts and tribunals
6840	Definitions—div 6.10.9
(CPA s 64; NSWECA s 31)
In this division:
applicable convention, in relation to a request issued by or on behalf of a court or tribunal of a foreign country, means a convention dealing with examination of witnesses to which Australia and the foreign country are parties.
Australian court means an entity authorised to exercise an adjudicative function—
	(a)	whether on behalf of a court or otherwise; and
	(b)	whether or not the entity is authorised to require the answering of questions or the production of documents.
proceeding means—
	(a)	a proceeding in any civil or commercial matter; or
	(b)	a proceeding in or before a court in relation to the commission of an offence or an alleged offence, or the confiscation of criminal assets.
request includes any commission, order or other process issued for the making of an application under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal).
requesting court, in relation to a request or an order under rule 6843 made on a request, means the court or tribunal outside the ACT (including outside Australia) by or on behalf of which the request is issued.
6841	Application—div 6.10.9
(SCR o 39 r 24G)
	(1)	This division applies to—
	(a)	an order under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal); and 
	(b)	an examination under the order.
	(2)	This division applies subject to—
	(a)	the terms of the request for the order and any applicable convention; and
	(b)	in relation to the application of a relevant rule of this division—any direction by the court consistent with the request and any applicable convention.
	(3)	In this rule:
relevant rule means any of the following rules:
	rule 6842 (Application for div 6.10.9 order)
	rule 6845 (Appointment of examiner for div 6.10.9)
	rule 6846 (Attendance by div 6.10.9 order applicant at examination)
	rule 6847 (Procedure for taking evidence under div 6.10.9 order)
	rule 6848 (Keeping of exhibits at div 6.10.9 examination)
	rule 6849 (Certificate of order and depositions—div 6.10.9 examination).
6842	Application for div 6.10.9 order
(SCR o 39 r 24H)
	(1)	An application for an order under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal) may only be made by—
	(a)	a person nominated by the requesting court; or
	(b)	if no-one is nominated—the Attorney-General.
Note	Pt 6.2 (Applications in proceedings) applies to an application under this rule.
	(2)	An application mentioned in subrule (1) or for any other order under this division must be filed, but need not be served on anyone.
6843	Order relating to taking evidence for Australian or foreign court or tribunal
(CPA s 65; MCR s 97B; NSWECA s 33)
	(1)	This rule applies if, on application to the court under rule 6842 for evidence to be taken in the ACT, the court is satisfied that—
	(a)	the application is made under a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside the ACT (including outside Australia); and
	(b)	the evidence to which the application relates is to be taken for a proceeding that has been, or may be brought, before the requesting court.
	(2)	The court may, by order, make any provision for the taking of evidence in the ACT that appears to the court to be appropriate for the purpose of giving effect to the request.
	(3)	Without limiting subrule (2), an order under this rule may provide for all or any of the following:
	(a)	the examination of witnesses, orally or in writing;
	(b)	the production of documents;
	(c)	the inspection, photographing, preservation, custody or detention of property;
	(d)	the taking of samples of property and the carrying out of any experiments on or with property;
	(e)	the medical examination of a person;
	(f)	without limiting paragraph (e), the taking and testing of samples of blood from a person.
	(4)	An order under this rule may require a stated person to take steps—
	(a)	that the court considers appropriate for the purpose of giving effect to the request; and
	(b)	that could be taken to obtain evidence for the purpose of a proceeding in the court (whether or not the proceeding is of the same kind as the proceeding to which the application for the order relates).
	(5)	Subrule (4) does not prevent the court making an order requiring a person to give testimony, orally or in writing, otherwise than on oath if this is asked for by the requesting court.
	(6)	An order under this rule must not require a person to—
	(a)	state what documents relevant to the proceeding to which the application for the order relates are or have been in the person’s possession; or
	(b)	produce any documents other than stated documents.
6844	Div 6.10.9 order for criminal proceeding
(CPA s 65 (2))
An order under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal) must not be made in relation to a criminal proceeding unless the requesting court is a court of a place in Australia or New Zealand.
6845	Appointment of examiner for div 6.10.9
(SCR o 39 r 24K)
	(1)	The court may appoint any of the following as an examiner:
	(a)	a judicial officer or other officer of a court; 
	(b)	anyone else it considers suitable.
	(2)	A judicial officer or other officer of the Supreme Court may only be appointed with the agreement of the Chief Justice.
	(3)	A judicial officer or other officer of the Magistrates Court may only be appointed with the agreement of the Chief Magistrate.
	(4)	The Legislation Act, part 19.3 (Appointments) does not apply to an appointment under this rule.
6846	Attendance by div 6.10.9 order applicant at examination
(SCR o 39 r 24L)
The applicant for an order under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal) may attend and take part in the examination held under the order.
6847	Procedure for taking evidence under div 6.10.9 order
(SCR o 39 r 24M)
	(1)	The applied provisions of division 6.10.8 (Taking evidence otherwise than at trial) apply, subject to this division and with any necessary changes, to an examination to which this division applies as if it were an examination to which that division applies.
	(2)	For this rule, the applied provisions of division 6.10.8 are the following:
	rule 6810 (Definitions—div 6.10.8)
	rule 6817 (1) (Documents for examiner)
	rule 6818 (Time and place of examination etc)
	rule 6819 (Conduct of examination)
	rule 6820 (Examination of additional people)
	rule 6821 (Objections by party or person being examined)
	rule 6822 (Recording evidence of examination)
	rule 6823 (Authentication and filing of deposition of examination etc)
	rule 6824 (Special report on examination)
	rule 6827 (Witness expenses for witness at examination).
6848	Keeping of exhibits at div 6.10.9 examination
(SCR o 39 r 24N)
If, in an examination to which this division applies, the examiner receives an exhibit from a person, the examiner must keep it and send it to the registrar with the deposition and other documents required by rule 6823 (3) (Authentication and filing of deposition of examination etc).
6849	Certificate of order and depositions—div 6.10.9 examination
(SCR o 39 r 24P)
On receiving the original record of the deposition, and any transcript of that record, taken in an examination, the registrar must—
	(a)	issue a sealed certificate for the examination; and
	(b)	give the certificate, and the documents mentioned in the certificate, to the Attorney-General.
Note	See approved form 6.14 (Certificate of order and depositions—div 6.10.9 examination) AF2006-422.
6850	Privilege of witnesses—div 6.10.9 examination
(CPA s 66; NSWECA s 34)
	(1)	A person cannot be compelled under an order under rule 6843 (Order relating to taking evidence for Australian or foreign court or tribunal) to give any evidence that the person could not be compelled to give in a similar proceeding in—
	(a)	the ACT; or
	(b)	the place where the requesting court exercises jurisdiction.
	(2)	Subrule (1) (b) does not apply unless the person’s claim to be exempt from giving evidence is—
	(a)	supported by a statement contained in the request (whether it is supported unconditionally or subject to conditions that are fulfilled); or
	(b)	conceded by the applicant for the order.
	(3)	If the claim is not supported or conceded, the person may be required to give the evidence to which the claim relates, but that evidence must not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.
	(4)	In this rule:
giving evidence includes—
	(a)	producing a document; and
	(b)	answering a question.
6851	Privilege of witnesses—unsupported claim etc for div 6.10.9 examination
(SCR o 39 r 24Q)
	(1)	This rule applies to evidence that is the subject of a claim for privilege under rule 6850 (1) (b) if the claim is not supported or conceded in accordance with that rule.
	(2)	The deposition, and any transcript, recording the evidence must—
	(a)	be kept separate from any other deposition or transcript in the examination; and
	(b)	when given to the registrar, be accompanied by a statement signed by the examiner setting out the claim for privilege and the ground on which it was made.
	(3)	The registrar—
	(a)	must include the statement of the claim for privilege, and a request to decide the claim, with the documents sent to the Attorney-General under rule 6849 (Certificate of order and depositions—div 6.10.9 examination); and
	(b)	must not include with those documents the deposition, or any transcript, recording the evidence that is the subject of the claim.
	(4)	After the requesting court decides the claim for privilege, the registrar must—
	(a)	if the requesting court rejects the claim—send it the deposition, and any transcript, recording the evidence to which the claim relates; or
	(b)	if the requesting court upholds the claim—return the deposition and any transcript to the person claiming privilege.
	(5)	The registrar must also tell the person claiming privilege, and the applicant for the order for examination, about the decision of the requesting court.

Part 6.11	Miscellaneous—ch 6
    
6900	Power to make orders
If a provision of these rules gives the court a power that can be exercised by making an order, the provision gives a power to make the order.
Example
Rule 1128 (Default judgment—setting aside etc) provides that the court may amend or set aside a judgment entered under division 2.11.3, and any enforcement of it.  A judgment under the division may be set aside by making an order to that effect.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
6901	Orders may be made on conditions
Subject to these rules, the court may make an order under these rules on any conditions it considers appropriate.
6902	Leave may be given on conditions
If the court gives leave under a provision of these rules, it may give the leave on the conditions it considers appropriate.
6903	References to court acting on its own initiative
An express reference in a provision of these rules to the court acting on it own initiative does not, by implication, prevent the court acting on its own initiative under another provision of these rules.
6904	Mandatory order to registrar etc
(NSW r 45.15)
	(1)	On application by a party to a proceeding or on its own initiative, the court may order the registrar or another officer of the court to do, or not do, any act relating to the registrar’s, or other officer’s, duties.
Note	Pt 6.2 (Applications in proceedings) applies to an application under this rule for an order or an order otherwise ordering.
	(2)	If a party applies for an order in subrule (1), the party must give reasonable notice of the application to the registrar or other officer unless the court otherwise orders.
6905	Notices must be written
(Qld r 974)
A notice required or allowed to be given under these rules must be given in writing.
6906	Mistakes in orders or court certificates
(SCR o 32 r 14 and o 86 r 91; MC(CJ)R s 136; NSW r 36.17; Qld r 388)
	(1)	This rule applies if—
	(a)	there is a clerical mistake in an order or certificate of the court or an error in a record of an order or certificate of the court; and
	(b)	the mistake or error resulted from an accidental slip or omission.
	(2)	On application by a party to the proceeding or on its own initiative, the court may at any time correct the mistake or error.
Note	Pt 6.2 (Applications in proceedings) applies to an application for correction of the mistake or error.
	(3)	Part 2.7 (Amendment) does not apply to a correction made under this rule.
6907	Power to make practice notes
	(1)	The rule-making committee may make practice notes for these rules.
	(2)	A practice note is taken to be made by the rule-making committee if it is signed by 3 or more committee members, 1 of whom must be the member mentioned in the Court Procedures Act 2004, section 9 (2) (a) and another of whom must be the member mentioned in the Act, section 9 (2) (d) or (e).
Note	The member mentioned in the Court Procedures Act 2004, s 9 (2) (a) is the Chief Justice (or the Chief Justice’s delegate), the member mentioned in s 9 (2) (d) is the Chief Magistrate (or the Chief Magistrate’s delegate) and the member mentioned in s 9 (2) (e) is another magistrate appointed by the Chief Magistrate.
	(3)	A practice note may approve a document exchange for these rules.
	(4)	A practice note is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act.

Chapter 7	Transitional
Part 7.1	Transitional—Supreme Court
7000	Transitional—existing proceedings in Supreme Court on 1 July 2006
(NSWA sch 6, cl 5; Qld r 996)
	(1)	Unless the Supreme Court otherwise orders, these rules apply to an existing proceeding.
	(2)	If a difficulty arises in the application of subrule (1) to a particular proceeding, the court may make any order it considers appropriate to resolve the difficulty.
	(3)	The court may make an order under this rule on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(4)	In this rule:
existing proceeding means a proceeding started in the Supreme Court, but not completed, before 1 July 2006.
Note	See sch 4 (Scale of costs), r 4.12 (2) for transitional provisions in relation to costs.
7001	Transitional—approved forms for Supreme Court
	(1)	This rule applies in relation to any application or other thing required or allowed by these rules to be made or done in relation to the Supreme Court if—
	(a)	there is no approved form for the application or thing for these rules; but 
	(b)	there was an approved form (the old approved form) for the corresponding application or thing for the old rules immediately before 1 July 2006.
	(2)	The old approved form may be used, with any necessary changes, for the purposes of the application or thing.
	(3)	In this rule:
old rules means the Supreme Court Rules 1937, the Supreme Court (Admission of Legal Practitioners) Rules 1998 or the Supreme Court (Corporations) Rules 2003.
	(4)	This rule expires on 1 January 2007.
7002	Transitional—construction of outdated references to Supreme Court rules etc
These rules apply as if—
	(a)	a reference in an Act, statutory instrument or document, to the Supreme Court Rules 1937, the Supreme Court (Admission of Legal Practitioners) Rules 1998 or the Supreme Court (Corporations) Rules 2003 were, in relation to anything to which these rules apply, a reference to these rules; and
	(b)	a reference in an Act, statutory instrument or document, to a provision of the Supreme Court Rules 1937, the Supreme Court (Admission of Legal Practitioners) Rules 1998 or the Supreme Court (Corporations) Rules 2003 were, in relation to anything to which these rules apply, a reference to the corresponding provision of these rules; and
	(c)	a reference in an Act, statutory instrument or document, to something that is no longer applicable because of the making of these rules, and for which there is a corresponding thing under these rules, were a reference to the thing under these rules, if the context allows and if otherwise appropriate.
Examples for par (c)
1	A ‘notice of motion’ is taken to be an ‘application’.
2	A reference to entering an appearance in relation to an originating process in a civil proceeding is taken to be a reference to filing a notice of intention to respond in the court or filing a defence (if the defendant chooses not to file a notice of intention to respond but files a defence).
3	A reference to taxation of costs is taken to be a reference to assessment of costs.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 7.2	Transitional—Magistrates Court
7010	Transitional—application of old Magistrates Court rules to proceedings until 1 January 2007
	(1)	Until 1 January 2007, the Magistrates Court Rules 1932, the Magistrates Court (Civil Jurisdiction) Rules 2004 and the forms approved under the Court Procedures Act 2004 for use in the Magistrates Court, as in force immediately before 1 July 2006, continue to apply for the purpose of proceedings in that court as if they had not expired.
	(2)	The rules and forms mentioned in subrule (1) continue to apply—
	(a)	with any necessary changes to take account of the making of these rules; and
	(b)	with the modifications set out in schedule 7.
	(3)	This rule has effect despite rule 4 (2) (Application of rules).
	(4)	This rule and schedule 7 expire on 1 January 2007.
7011	Transitional—existing proceedings in Magistrates Court on 1 January 2007
	(1)	Unless the Magistrates Court otherwise orders, these rules apply to an existing proceeding.
	(2)	If a difficulty arises in the application of subrule (1) to a particular proceeding, the Magistrates Court may make any order it considers appropriate to resolve the difficulty.
	(3)	The Magistrates Court may make an order under this rule on application by a party or on its own initiative.
Note	Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
	(4)	In this rule:
existing proceeding means a proceeding started in the Magistrates Court, but not completed, before 1 January 2007.

Schedule 1	Expert witness code of conduct
    
(see r 1200)
1.1	Application of code
(PD 2/04; NSW sch 7)
This code of conduct applies to an expert witness.
1.2	General duty to court
(PD 2/04; NSW sch 7; Qld r 426)
	(1)	An expert witness has an overriding duty to assist the court impartially on matters relevant to the expert’s area of expertise.
	(2)	An expert witness’s paramount duty is to the court and not to the person retaining the expert.
	(3)	An expert witness is not an advocate for a party.
1.3	Form of expert reports
(PD 2/04; NSW sch 7; Qld r 428 and r 429A)
	(1)	A report by an expert witness must, in the body of the report or in an annexure, state the following:
	(a)	the expert’s qualifications;
	(b)	all material facts and assumptions on which the report is based (a letter of instructions may be annexed);
	(c)	the reasons for each opinion expressed;
	(d)	if applicable, that a particular question or issue falls outside the expert’s area of expertise;
	(e)	references to any literature or other materials relied on by the expert to support the expert’s opinions;
	(f)	any examinations, tests or other investigations that the expert has relied on, and details of the qualifications of the person who carried them out.
	(2)	If an expert witness who prepares a report believes that the report may be incomplete or inaccurate without some qualification, the expert must state the qualification in the report.
	(3)	If an expert witness considers that the opinion expressed in the expert’s report is not a concluded opinion because of insufficient research, or insufficient data, or for any other reason, the expert must state in the report that the opinion is not a concluded opinion.
	(4)	If an expert witness, after giving an opinion to the party who engaged the expert, changes the opinion on a material matter, the expert must, as soon as possible, give the party a supplementary report—
	(a)	expressing the change of opinion; and
	(b)	stating the matters mentioned in subrule (1) that are appropriate.
	(5)	If an expert witness is appointed by the court, subrule (4) applies as if the court were the party who engaged the expert.
1.4	Experts’ conference
(PD 2/04; NSW sch 7; Qld r 429B)
	(1)	An expert witness in a proceeding must comply with any direction of the court—
	(a)	to meet with another expert witness in the proceeding—
	(i)	to identify the matters on which they agree; and
	(ii)	to identify the matters on which they disagree and the reasons why; and
	(iii)	to try to resolve any disagreement; or
	(b)	to produce for the court’s use a document identifying—
	(i)	the matters on which the experts agree; and
	(ii)	the matters on which the experts disagree; and 
	(iii)	the reasons for any failure to reach agreement on any matter.
	(2)	An expert witness must exercise independent, professional judgment in relation to any conference held, or document prepared, under subrule (1), and must not act on any instruction or request to withhold or avoid agreement.

Schedule 2	Interest rates
Part 2.1	Interest up to judgment
(PD 2/2001; MC(CJ)R sch 1)
(see r 51, r 304, r 1104, r 1120 and r 1616)
Table 2.1	Interest up to judgment—Supreme Court
column 1
item	column 2
period	column 3
rate of interest
% per year	
1	1 January 1974 to 31 December 1980	10.00	
2	1 January 1981 to 31 December 1985	14.00	
3	1 January 1986 to 31 December 1987	18.00	
4	1 January 1988 to 31 December 1989	16.00	
5	1 January 1990 to 30 June 1990	21.00	
6	1 July 1990 to 31 December 1990	18.00	
7	1 January 1991 to 30 June 1991	16.00	
8	1 July 1991 to 30 June 1993	15.00	
9	1 July 1993 to 30 April 2001	10.00	
10	1 May 2001 to 9 January 2005	9.00	
11	any period after 9 January 2005 	9.00	

Table 2.2	Interest up to judgment—Magistrates Court
column 1
item	column 2
period	column 3
rate of interest
% per year	
1	any period before 1 July 1981	13.375	
2	1 July 1981 to 30 June 1982	15.00	
3	1 July 1982 to 31 December 1982	17.50	
4	1 January 1983 to 31 December 1983	15.50	
5	1 January 1984 to 30 June 1984	12.375	
6	1 July 1984 to 31 December 1984	14.75	
7	1 January 1985 to 30 June 1985	13.75	
8	1 July 1985 to 31 December 1985	17.25	
9	1 January 1986 to 30 June 1986	20.625	
10	1 July 1986 to 31 December 1986	18.125	
11	1 January 1987 to 30 June 1987	19.25	
12	1 July 1987 to 29 February 1988	18.75	
13	1 March 1988 to 28 February 1989	16.125	
14	1 March 1989 to 31 August 1989	17.875	
15	1 September 1989 to 14 January 1991	20.75	
16	15 January 1991 to 14 July 1991	17.50	
17	15 July 1991 to 14 January 1992	15.75	
18	15 January 1992 to 14 July 1992	13.75	
19	15 July 1992 to 14 January 1993	11.50	
20	15 January 1993 to 31 January 1994	10.00	
21	1 February 1994 to 31 July 1995	9.00	
22	1 August 1995 to 31 March 1997	10.75	
23	1 April 1997 to 30 April 1998	9.55	
24	1 May 1998 to 9 January 2005	8.45	
25	any period after 9 January 2005 	9.00	

Part 2.2	Interest after judgment
(SCR o 42A r 2; MC(CJ)R s 234 and sch 1)
(see r 1617)
Table 2.3	Interest after judgment—Supreme Court
column 1
item	column 2
period and case (if any)	column 3
rate of interest
% per year	
1	any period ending before 1 May 1986:
	(a)	if judgment was entered before 1 October 1977
	(b)	if judgment was entered on or after 1 October 1977	
5.00

10.00	
2	1 May 1986 to 30 June 1990	15.00	
3	1 July 1990 to 31 December 1991	20.00	
4	1 January 1992 to 30 June 1993	15.00	
5	1 July 1993 to 30 April 2001	12.00	
6	1 May 2001 to 9 January 2005	11.00	
7	any period after 9 January 2005 	11.00	
Table 2.4	Interest after judgment—Magistrates Court
column 1
item	column 2
period and case (if any)	column 3
rate of interest
% per year	
1	any period ending before 1 May 1986:
	(a)	if judgment was entered before 1 October 1977
	(b)	if judgment was entered on or after 1 October 1977	
5.00

10.00	
2	1 May 1986 to 30 June 1990	15.00	
3	1 July 1990 to 31 December 1991	20.00	
4	1 January 1992 to 30 June 1993	15.00	
5	1 July 1993 to 9 April 1995	12.00	
6	10 April 1995 to 31 July 1995	9.00	
7	1 August 1995 to 31 March 1997	10.75	
8	1 April 1997 to 30 April 1998	9.55	
9	1 May 1998 to 9 January 2005	8.45	
10	any period after 9 January 2005 	11.00	

Schedule 3	Costs amount—debts and liquidated demands 
Part 3.1	Claim for debt or liquidated demand
(see r 51, r 304, r 1102 and r 1104)
Table 3.1	Prescribed costs amount—claim for debt or liquidated demand
column 1
item	column 2
court and amount claimed	column 3
prescribed amount ($)	
1	Magistrates Court—less than $10 000	165.00	
2	Magistrates Court—not less than $10 000 but less than $25 000	335.00	
3	Magistrates Court—not less than $25 000 but less than $40 000	400.00	
4	Magistrates Court—not less than $40 000 but less than $50 000	450.00	
5	Supreme Court—any amount	500.00	

Part 3.2	Default judgment
(see r 1121)
Table 3.2	Prescribed costs amount—default judgment
column 1
item	column 2
court and amount claimed	column 3
prescribed amount ($)	
1	Magistrates Court—less than $10 000	198.00	
2	Magistrates Court—not less than $10 000 but less than $25 000	402.00	
3	Magistrates Court—not less than $25 000 but less than $40 000	480.00	
4	Magistrates Court—not less than $40 000 but less than $50 000	540.00	
5	Supreme Court—any amount	600.00	

Schedule 4	Scale of costs
(see r 1700)
Part 4.1	Scale of costs—general
Note to pt 4.1
Div 2.17.2 (Entitlement to costs) includes the following rules which relate to the assessment of costs under this schedule:
·	r 1734 (Costs—assessment costs)
·	r 1735 (Costs—counsel’s advice and settling documents)
·	r 1736 (Costs—evidence)
·	r 1737 (Costs—solicitor advocate)
·	r 1738 (Costs—retainer for counsel)
·	r 1739 (Costs—counsel’s fees for applications).
4.1	Costs—general care and conduct
(Qld sch 1, s 1)
In addition to an amount that is to be allowed under an item in part 4.2, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar considers reasonable having regard to the circumstances of the proceeding, including, for example, the following:
	(a)	the complexity of the proceeding;
	(b)	the difficulty and novelty of any question raised in the proceeding;
	(c)	the importance of the proceeding, including to the party;
	(d)	the amount involved;
	(e)	the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor;
	(f)	the number and importance of the documents prepared or perused, without regard to the length of the documents;
	(g)	the time spent by the solicitor;
	(h)	research and consideration of questions of law and fact.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
4.2	Costs—registrar’s discretion
(SCR o 65 r 24 and r 54; Qld r 690 (5) and (6) and sch 1, s 2)
	(1)	For a matter for which a cost is provided for in part 4.2, the registrar may allow an additional amount, reduce the amount to be allowed, or change the method of calculating costs, as the registrar considers appropriate. 
	(2)	For a matter for which a cost is not provided for in part 4.2, the amount to be allowed is the cost the registrar considers reasonable.
	(3)	If the nature and importance, or the difficulty or urgency, of a proceeding and the justice of the case justify it, the registrar may allow an increase of not more than 30% of the solicitor’s costs allowed on the assessment of the costs of the proceeding.
4.3	Costs—letters sent by email
The amount to be allowed for a letter sent as an email, or as an attachment to an email, is the amount that would be allowed if the letter were sent by post or another way.
4.4	Costs—allowance on affidavits to include attendances
(SCR o 65 r 26)
The amount allowed for instructions and drawing an affidavit in answer to interrogatories and other special affidavits, and attending the person making the affidavit to swear the affidavit includes all attendances on the person making the affidavit to read over and settle the affidavit.
4.5	Costs—affidavit made by 2 or more people etc
(SCR o 65 r 25)
The registrar may make any further allowance the registrar considers reasonable in relation to an affidavit if—
	(a)	the affidavit is sworn by 2 or more people; or
	(b)	the affidavit must be sent somewhere else, or an agent has to be employed, for the affidavit to be sworn.
4.6	Costs—documents to be served together
(SCR o 65 r 28)
	(1)	If 2 or more documents can be served at the same time on a party to a proceeding, the documents must be served together.
	(2)	The registrar must not allow any further amount for service if more than 1 document is served at the same time.
4.7	Costs—agency correspondence
(SCR o 65 r 32)
In a proceeding in which there is an agent solicitor, the registrar may make any further allowance for agency correspondence that the registrar considers reasonable if satisfied the correspondence has been special and extensive.
4.8	Costs—attendance to instruct counsel
(SCR o 65 r 35A)
	(1)	If a solicitor who holds an unrestricted practising certificate, or who has held a practising certificate for at least 2 years, attended in court to instruct counsel in a proceeding, the registrar may allow—
	(a)	the amount set by the prescribed scale of costs for a solicitor who holds an unrestricted practising certificate, or who has held a practising certificate for at least 2 years, to attend to instruct counsel, if satisfied that the importance or difficulty of the proceeding, or the responsibility involved in instructing counsel, justified the solicitor’s attendance; or
	(b)	the amount set by the prescribed scale of costs for a solicitor other than a solicitor mentioned in paragraph (a) to attend to instruct counsel, if satisfied the attendance of that solicitor only was justified; or
	(c)	the amount set by the prescribed scale of costs for a clerk to attend to instruct counsel, if satisfied that the attendance of a clerk only was justified.
	(2)	If a solicitor other than a solicitor mentioned in subrule (1) (a) attended in court to instruct counsel in a proceeding, the registrar may allow—
	(a)	the amount set by the prescribed scale of costs for a solicitor other than a solicitor mentioned in subrule (1) (a) to attend to instruct counsel, if satisfied the attendance of the solicitor was justified; or
	(b)	the amount set by the prescribed scale of costs for a clerk to attend to instruct counsel, if satisfied that the attendance of a clerk only was justified.
	(3)	If a clerk attended in court to instruct counsel in a proceeding, the registrar may allow the amount for a clerk to attend to instruct counsel, only if satisfied the clerk was competent to instruct counsel in the proceeding.
4.9	Costs—parties with same solicitor
(SCR o 65 r 27, r 29 and r 30; Qld r 727)
If the same solicitor represents 2 or more parties and the solicitor does work for 1 or some of them separately that could have been done for some or all of them together, the registrar may disallow costs for the unnecessary work.
4.10	Costs—counsel drawing and settling documents
(SCR o 65 r 37 and r 69; Qld r 728)
If the registrar allows costs for counsel to draw and settle a document, the registrar must not allow the costs of a conference with counsel in relation to the document, unless there were special reasons making the conference necessary.
4.11	Costs—premature brief
(SCR o 65 r 72; Qld r 731)
The registrar must not allow costs for the preparation and delivery of a brief to counsel on a trial that did not take place if the costs were incurred prematurely.
4.12	Costs—transitional
(SCR o 65 r 7)
	(1)	A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after 1 July 2006.
	(2)	The Supreme Court Rules 1937, order 65, rule 7 (Scales of costs) as in effect immediately before the commencement of these rules continues to apply for work done or services performed by a solicitor before 1 July 2006.

Part 4.2	Scale of costs—items

column 1
item	column 2
matter in relation to which charge is made	column 3
charge ($)		
Division 4.2.1	Instructions	
1	to sue or defend, to appeal or oppose an appeal
	125.30		
2	for statement of claim, petition, special case or counterclaim
	125.30		
3	for defence
	107.20		
4	for—
	(a)	a reply; or
	(b)	amending a pleading; or
	(c)	a notice claiming contribution or indemnity; or
	(d)	a document to be brought into the registrar’s office (for example, an account or deed); or	44.70		
		(e)	adding parties by order; or
	(f)	a bond or other deed; or
	(g)	retaining counsel, including preparing retainer
			
5	for—
	(a)	a pleading not otherwise provided for; or
	(b)	interrogatories for the examination of a party or witness; or
	(c)	an affidavit in answer to interrogatories or other special affidavit; or
	(d)	disclosure or a list of documents; or
	(e)	an application for an order that a matter be heard before the Full Court; or
	(f)	a brief on application in chambers	89.40		
6	for—
	(a)	an application whether in court, before the registrar or in chambers; or
	(b)	opposition to an application; or
	(c)	the assessment of a bill of costs
	89.40		
7	for brief to advise on evidence
	80.50		
8	for—
	(a)	a statement of facts in an action; or
	(b)	a request for particulars; or
	(c)	particulars
	89.40		
9	for brief in preparation for trial
	the amount the registrar considers appropriate	
Division 4.2.2	Drawing	
10	for an originating process or counterclaim	93.50	or, if longer than 700 words, 13.20 per 100 words
	
11	for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading
	62.60	or, if longer than 400 words, 13.20 per 100 words	
12	for—
	(a)	a notice of an application in a proceeding; or
	(b)	a notice to produce documents; or
	(c)	a notice to admit facts; or
	(d)	a special case; or
	(e)	interrogatories; or
	(f)	a special affidavit; or
	(g)	a brief (including observations)
	57.30	or, if the document is longer than 400 words, 13.20 per 100 words	
13	a formal affidavit, including an affidavit of service
	31.50		
14	any other document	24.80	or, if longer than 100 words, 14.70 per 100 words	
Division 4.2.3	Engrossing	
15	of a document	3.80	per 100 words	
Division 4.2.4	Copies	
16	of any document, or of multiple documents copied at the same time—			
		(a)	for each of the first 10 copies; or	2.40	per page	
		(b)	for each additional copy up to 100 copies; or	1.00	per page	
		(c)	for each additional copy over 100 copies	0.30	per page	
Division 4.2.5	Perusal	
17	of—
	(a)	an originating process; or
	(b)	a pleading; or
	(c)	an application in a proceeding; or
	(d)	interrogatories; or
	(e)	a special case; or
	(f)	a notice to admit	44.10	or, if the document is longer than 800 words, 5.00 per 100 words	
18	of any other document, if it is necessary to peruse	5.00	per 100 words	
19	of a document by scanning it, if it is not necessary to peruse	4.90	or, if the document has more than 10 pages, the additional amount the registrar considers appropriate	
Division 4.2.6	Attendances	
20	for personal service, if necessary, of 1 or more documents at the same time 	66.80		
21	for service of 1 or more documents at the same time—
	(a)	at the office of a solicitor on the record or the address for service of a party; or
	(b)	by post; or
	(c)	made through a document exchange	27.00		
22	by a solicitor, necessarily or properly engaged, if the solicitor holds an unrestricted practising certificate or has been the holder of a practising certificate for at least 2 years—
	(a)	to instruct counsel; or
	(b)	on assessment of a bill of costs or other matter; or	178.80	per hour	
		(c)	at conference with counsel; or
	(d)	on a view; or
	(e)	on witness or other person; or
	(f)	to produce a document; or
	(g)	to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or
	(h)	to prepare appeal papers			
23	by a solicitor, necessarily or properly engaged, other than a solicitor mentioned in item 22—
	(a)	to instruct counsel; or
	(b)	on assessment of a bill of costs or other matter; or
	(c)	at conference with counsel; or
	(d)	on a view; or
	(e)	on witness or other person; or
	(f)	to produce a document; or	125.30	per hour	
		(g)	to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or
	(h)	to prepare appeal papers			
24	by a clerk, necessarily or properly engaged—
	(a)	to instruct counsel; or
	(b)	on assessment of a bill of costs or other matter; or
	(c)	at conference with counsel; or
	(d)	on a view; or
	(e)	on witness or other person; or
	(f)	to produce a document; or
	62.50	per hour	
		(g)	to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or
	(h)	to prepare appeal papers			
25	other than an attendance already mentioned, in court or any hearing without counsel—			
		(a)	by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least 2 years; or	268.10	per hour 	
		(b)	by any other solicitor	187.70	per hour 	
26	by a solicitor involving a high degree of skill and responsibility	268.10	per hour	
27	in court or chambers or before the registrar—
	(a)	to take a reserved judgment; or
	(b)	to mention a matter; or
	(c)	for an adjournment; or
	(d)	for settling the terms of and entering orders; or
	(e)	for another reason	71.50	or 178.80 per hour	
28	at the registry or other office or place for—
	(a)	filing, delivering, or collecting a document; or
	(b)	a purpose not involving the exercise of legal skill or knowledge	22.20		
29	formal telephone attendance	22.20		
30	telephone attendance leaving message only	11.00		
31	any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance)	35.80	or 44.70 per quarter hour	
32	any other attendance by a clerk (including travelling and waiting time and including a telephone attendance)	22.20	or 15.50 per quarter hour	
33	if the registrar is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that—			
		(a)	a solicitor has been necessarily absent from the place where the solicitor carries on practice; or	an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the solicitor is absent, of not more than 1 043.90	
		(b)	a clerk has attended in place of the solicitor	an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the clerk is absent, of not more than 268.10	
Division 4.2.7	Letters	
34	ordinary letter	31.00	or 15.10 per 100 words	
35	special letter	51.50	or 15.10 per 100 words	
36	formal letter—short letter, without legal content	15.00		
37	circular letters after the first	6.80		
38	fax copy or telex, including attendance to send	35.20		
39	receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement)	9.40		
40	receiving, printing and filing incoming letter received by email	10.00		
41	printing any attachment to an email, or multiple attachments to an email printed at the same time—			
		(a)	for each of the first 10 pages; or	2.40	per page	
		(b)	for each additional page up to 100 copies; or	1.00	per page	
		(c)	for each additional page over 100 copies	0.30	per page	
Division 4.2.8	Witness expenses	
42	a witness called because of the witness’s professional, scientific or other special skill or knowledge	877.10	per day	
43	a witness called other than because of the witness’s professional, scientific or other special skill or knowledge	92.50	per day	
44	a witness paid in the witness’s occupation by wages, salary or fees	the amount lost by attendance at court	
45	a witness qualifying to give skilled evidence	the additional amount the registrar considers reasonable and properly incurred and paid	
46	if the witness lives more than 50km from the court	the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals	
47	attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing 	the amount the registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses)	
Division 4.2.9	Disbursements	
48	all court fees, counsel’s fees and other fees and payments	allowed to the extent that they have been properly and reasonably incurred and paid	

Schedule 5	Jurisdiction of registrar
(see r 6250)
Part 5.1	Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Supreme Court

column 1
item	column 2
provision , and if relevant, case	column 3
provision heading	
1	317	Third party—extent bound by judgment between plaintiff and defendant	
2	706	Urgent orders before start of proceeding	
3	707	Interim distribution	
4	708	Interim income	
5	709	Payment before finding out everyone interested	
6	716	Disposal of property other than land	
7	729	Division 2.9.4 order without notice etc	
8	730	Division 2.9.4 order without trial	
9	sdiv 2.9.4.2 (other than r 745 (Freezing orders—costs))	Freezing orders	
10	sdiv 2.9.4.3 (other than r 755 (Search orders—costs))	Search orders	
11	766	Receiver—agreement to act as etc	
12	767	Receiver—application for order appointing	
13	772	Receiver—default	
14	782	Sale of land—order	
15	783	Sale of land—conduct of sale	
16	784	Sale of land—certificate of sale result	
17	1015	Payment into court—amount recovered by person with legal disability	
18	1016	Person with legal disability—approval of settlement etc	
19	1226	Request by appointed expert for directions	
20	1228	Expert report to be admitted in evidence	
21	1240	Application—div 2.12.4	
22	1241	Service of expert reports	
23	1243	Expert evidence to be covered by expert report	
24	1246	Tender of expert report	
25	1505	Trial—defendant or plaintiff not appearing	
26	1521	Separate decisions on questions—order	
27	1522	Separate decisions on questions—directions	
28	1523	Separate decisions on questions—decision	
29	1530	Assessors	
30	1531	Referee—referral of question etc to 	
31	1532	Referee—appointment 	
32	1533	Referee—amendment of order referring question etc	
33	1536	Referee—report	
34	1537	Referee—proceeding on report 	
35	1548	Partial judgment for damages to be assessed	
36	1607	Orders—certified duplicate	
37	1855	Costs—review by court	
38	2220	Seizure and sale order—sale at best price obtainable	
39	2406	Charging order—application to enforce charge	
40	2407 (2) (b)	Charging order—procedure against partnership property for partner’s separate order debt	
41	2443	Enforcement—undertakings	
42	2501	Contempt—applications generally	
43	div 2.18.17	Enforcement—arrest warrants for absconding defendants	
44	2600	Interpleader—application by stakeholder	
45	2606	Interpleader—failure to give notice of claim	
46	2608	Interpleader—admission of claim	
47	2609	Interpleader—enforcement officer’s interpleader application	
48	3049, if on the registrar’s report	Administration bond—addition or reduction after required but before given	
49	3050, if on the registrar’s report	Administration bond—addition or reduction after given	
50	3051 	Administration bond—proceeding on bond	
51	3052	Administration bond—application by surety	
52	3069 (1) to (5)	Caveat—setting aside	
53	3071	Caveat—leave to withdraw	
54	3081	Revocation of grant—application	
55	3092 (2)	Division 3.1.9 proceeding—starting	
56	3114	Failure of executor to prove will—Administration and Probate Act, s 25	
57	3115	Failure by executor, administrator or trustee to comply with beneficiary’s request etc	
58	3116	Grant of administration—grant to child	
59	pt 3.2	Adoption	
60	pt 3.5	Cross-vesting	
61	3359	Disputed election—particulars of contested ballot papers	
62	3362	Disputed election—substitution of plaintiff	
63	3481	Registration of judgment—application to set aside	
64	pt 3.9	Habeas corpus	
65	3564	Judicial review—stay or dismissal of application for statutory order of review on return date	
66	3566	Judicial review—power of the court to stay or dismiss applications in certain circumstances	
67	4020	Criminal proceedings—failure of individual to comply with subpoena etc	
68	4021	Criminal proceedings—failure of corporation to comply with subpoena etc	
69	4050	Criminal proceedings—production of person in custody	
70	4708	Supreme Court criminal proceedings—removal of solicitor by court	
71	4711	Supreme Court criminal proceedings—withdrawal of solicitor	
72	4721	Supreme Court bail application in relation to accused person	
73	4722	Supreme Court bail application by informant	
74	4750	Supreme Court criminal proceedings—application to set aside or stay proceeding	
75	4751	Supreme Court criminal proceedings—application for separate trials	
76	4752	Supreme Court criminal proceedings—other pre-trial applications	
77	part 5.2	Appeals from master or registrar	
78	5054	Appeals to Supreme Court—stay and reinstatement	
79	5055	Appeals to Supreme Court—security for costs	
80	div 5.3.2	Appeals to Supreme Court—leave to appeal	
81	div 5.3.3	Appeals to Supreme Court—leave to appeal out of time	
82	5101	Appeals to Supreme Court—requirements for notice of appeal etc	
83	5112	Appeals to Supreme Court—cross-appeal	
84	5115	Appeals to Supreme Court—notice of contention	
85	5140	Appeals to Supreme Court—absence of party	
86	5171	Appeals to Supreme Court—discontinuance of appeal	
87	5172	Appeals to Supreme Court—competency of appeal	
88	5173	Appeals to Supreme Court—costs for failure to apply for appeal to be struck out as incompetent	
89	5174 (4)	Appeals to Supreme Court—dismissal by consent	
90	5191	Appeals to Supreme Court—want of prosecution of appeal	
91	5193	Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214	
92	5301	Appeals to Court of Appeal—stay and reinstatement	
93	5302	Appeals to Court of Appeal—security for costs	
94	div 5.4.2	Appeals to Court of Appeal—leave to appeal from interlocutory judgments	
95	div 5.4.3	Appeals to Court of Appeal—leave to appeal out of time from final judgments	
96	5403	Appeals to Court of Appeal—requirements for notice of appeal etc	
97	5405	Appeals to Court of Appeal—time for filing notice of appeal	
98	5413	Appeals to Court of Appeal—cross-appeal	
99	5416	Appeals to Court of Appeal—notice of contention	
100	5441	Appeals to Court of Appeal—absence of party	
101	5471	Appeals to Court of Appeal—discontinuance of appeal	
102	5472	Appeals to Court of Appeal—competency of appeal	
103	5473	Appeals to Court of Appeal—costs for failure to apply for appeal to be struck out as incompetent	
104	5510 (2) and (3) (b)	Appeals to Court of Appeal—registrar’s decision on application for leave to appeal out of time against conviction or sentence	
105	5531	Appeals to Court of Appeal—grounds of appeal against conviction or sentence	
106	5532	Appeals to Court of Appeal—trial judge’s report for appeal against conviction or sentence	
107	5535 (1) (b)	Appeals to Court of Appeal—order for production of prisoner	
108	5536	Appeals to Court of Appeal—fine paid to be kept pending appeal	
109	5538	Appeals to Court of Appeal—solicitor wants to withdraw from acting for convicted person	
110	5603	Appeals to Court of Appeal—want of prosecution of appeal	
111	5606	Appeals to Court of Appeal—further evidence on appeal	
112	pt 5.5	Orders to review Magistrates Court decisions	
113	5751	Reference appeals to Supreme Court—application for reference appeal	
114	5754	Reference appeals to Supreme Court—discontinuance of reference appeal	
115	5774	Reference appeals to Court of Appeal—discontinuance of reference appeal	
116	5804	Special case to Supreme Court—person with legal disability	
117	5807	Special case to Supreme Court—insufficient statement of case	
118	5833	Special case to Court of Appeal—preparation and settling	
119	6142 (3) (c)	Rejecting documents—abuse of process etc	
120	6201	Order that jurisdiction in proceeding be exercised by judge instead of master	
121	6522	Application for leave to serve subpoena in New Zealand	
122	6524	Application for leave to serve subpoena in New Zealand need not be served etc	
123	6526 (2)	Setting aside subpoena for service in New Zealand	
124	6527	Noncompliance with subpoena served in New Zealand	
125	6610 (2) or (4)	Disposal of subpoenaed documents and things produced	
126	6613	Documents and things in custody of court	
127	6762	Custody of exhibits after proceeding	
128	6816	Appointment of examiner	
129	6817	Documents for examiner	
130	6904	Mandatory order to registrar etc	
131	6906, if order or certificate of judge or master	Mistakes in orders or court certificates	

Part 5.2	Jurisdiction related to Corporations Act exercisable by registrar of Supreme Court

column 1
item	column 2
provision of Corporations Act 	column 3
rule in sch 6	column 4
description (for information only)	
1		1.8	power to give directions	
2		2.13	power to grant leave to creditor, contributory or officer to be heard in proceeding or be added as a defendant, etc	
3		2.14	power to direct an inquiry in relation to a corporation’s debts, etc	
4	section 227		power to declare that conditions prescribed by division 3 of part 2E.1 have been satisfied	
5	sections 247A and 247B		power to order inspection of books and to authorise use and copying of information	
6	section 252E		power to order meeting of members of registered scheme	
7	section 266 (4) 		power to extend period for lodgment of notice in relation to charge 	
8	section 267 (3) 		power to give leave to enforce charge 	
9	section 274 		power to rectify register of charges 	
10	section 283AE (2) (a) 		power to appoint body corporate as trustee for debenture holders 	
11	section 283EC		power to give directions or determine any question on application of trustee for debenture holders	
12	section 283HA		power to make an order for meeting of debenture holders to direct trustee	
13	section 283HB (1)		power to make an order in relation to borrowing corporations	
14	section 283HB (1) (c)		power to order security for debentures to be enforceable	
15	section 411	3.3
3.4
3.5	power to make order in relation to administration of compromise or arrangement etc	
16	section 418A		power to make declaration about validity of controller’s appointment and in relation to control of property	
17	section 419		power to make order relieving person who incurs liability in belief that properly appointed as a receiver 	
18	section 419A		power to relieve controller from liability 	
19	section 420B		power to authorise managing controller to dispose of property despite prior charge 	
20	section 420C		power to authorise receiver to carry on corporation’s business during the winding-up 	
21	section 423	4.1	power to inquire into conduct of controller	
22	section 424		power to give directions in relation to controller’s functions and powers	
23	section 425	9.1	power to fix amount of remuneration of a receiver 	
24	section 429 (3)		power to extend time for report 	
25	section 434B		power to remove redundant controller 	
26	section 438D		power to direct administrator to give a report 	
27	section 440B		power to grant leave to enforce a charge if an administrator has been appointed	
28	section 440C		power to grant leave to take possession of property 	
29	section 440D		power to grant leave to begin or proceed with a proceeding in a court against a company that is in administration, or in relation to any of its property 	
30	section 440F		power to grant leave to begin or proceed with enforcement process in relation to the property of a company 	
31	section 440G (7)		power to authorise a court officer to take action or to make a payment that would be prohibited 	
32	section 440J		power to grant leave to take enforcement action under a guarantee 	
33	section 441D		power to limit powers of chargee in relation to charged property 	
34	section 441H		power to limit powers of receiver etc in relation to property used by company 	
35	section 442C		power to grant leave to administrator to dispose of encumbered property	
36	section 443B (8)		power to grant relief of administrator from personal liability for rent 	
37	section 444B (2)		power to extend time for execution of deed of company arrangement 	
38	section 444C (2)		power to grant leave to act inconsistently with deed of company arrangement 	
39	section 444E (3)		power to grant leave to person bound by deed of company arrangement to begin or proceed with enforcement process in relation to property of company	
40	section 444F		power to order secured creditor or owner or lessor of property not to take certain actions 	
41	section 445B		power to make an order cancelling a variation of a deed of company arrangement 	
42	section 445D		power to make order terminating a deed of company arrangement	
43	section 445G		power to avoid or validate deed of company arrangement 	
44	section 447A		power to make order to bring administration to an end 	
45	section 447B		power to make order to protect interests of company’s creditors during an administration 	
46	section 447C		power to declare whether administrator is validly appointed 	
47	section 447D		power to give directions to administrator 	
48	section 447E		power to make order about supervision of administrator of company or deed of company arrangement 	
49	section 449B		power to make order about removal and appointment of administrator 	
50	sections 449C and 449D		power to make order in relation to vacancy in office of administrator of company or in office of administrator of deed of company arrangement 	
51	section 449E	9.2	power to fix or review the remuneration of administrator 	
52	sections 459F, 459H, 459J, 459L, 459M and 459N		power to make order in relation to statutory demands 	
53	sections 459A, 459B (except in relation to applications under section 246AA), 459C, 459D, 459P, 459R, 459S, 459T, 461, 462, 464, 465B, 465C, 466, 467, 467A and 467B (except in relation to applications under section 246AA)	pt 6.5	power to make orders in relation to winding-up applications 	
54	section 468		power in relation to validation of disposition of property 	
55	section 470 (2) (b)		power to direct service of copy of order on another person 	
56	section 471B		power to give leave to begin or proceed with proceeding or enforcement process	
57	section 472	5.5
6.1	power to appoint official liquidator (provisionally or otherwise)	
58	section 473 (1)	7.1	power to remove liquidator	
59	section 473 (2)	9.3	power to determine provisional liquidator’s remuneration 	
60	sections 473 (3) and 473 (5)	9.4	power to determine or review liquidator’s remuneration 	
61	section 473 (7)	7.2	power to fill vacancy in office of official liquidator 	
62	section 473 (8)		power to declare what may be done by liquidator, if more than 1 liquidator is appointed by the court 	
63	section 474 (2)		power to order that property vest in liquidator 	
64	section 475 (8)	7.3	power to grant leave for payment of costs and expenses incurred in preparing report under section 475 	
65	section 479		power to give directions in matters arising in winding-up	
66	section 480	7.5	power to release liquidator and deregister company	
67	section 481	7.7	power to order preparation of report on accounts of liquidator 	
68	section 483 (1)		power to require payment of money or transfer of property	
69	section 483 (3)	7.8	power to order payment of a call 	
70	section 484	8.1
8.2
8.3	power to appoint special manager	
71	section 486		power to make order for inspection of books by creditors or contributories 	
72	section 488 (2)	7.9	power to grant leave to distribute a surplus 	
73	section 490		power to grant leave to company to wind up voluntarily	
74	section 495 (4)		power to make order in relation to conduct of meeting in course of members’ voluntary winding-up	
75	section 496 (3)		power to order that list of creditors be sent to creditors in members’ voluntary winding-up 	
76	section 497 (3)		power to order that list of creditors be sent to creditors in creditors’ voluntary winding-up 	
77	section 499		power to make order about liquidator if different liquidator chosen 	
78	section 500		power to make order about execution and civil proceedings 	
79	section 502	7.2	power to appoint liquidator	
80	section 503		power to remove liquidator	
81	section 504		power to review liquidator’s remuneration in voluntary winding-up 	
82	section 507 (6)		power to sanction resolution to accept shares as consideration for sale of property of company 	
83	section 507 (9)		power to give directions necessary for arbitration 	
84	section 507 (10)		power to approve liquidator’s exercise of powers in creditors’ voluntary winding-up 	
85	section 509 (6)		power to order ASIC to deregister company on specified day	
86	section 510 (3)		power to settle dispute about value of security or lien or amount of debt or set-off 	
87	section 511 (1) (a)		power to decide question in winding-up of company 	
88	section 511 (1) (b)		power to make order in relation to an application to the court to exercise powers which might be exercised if a company were being wound up by the court 	
89	section 532 (2)		power to grant leave for person to be appointed as liquidator 	
90	section 536	7.11
11.2
11.8	power to make order in relation to supervision of liquidators 	
91	section 542 (3) (a)		power to give directions in relation to destruction of books of company	
92	section 543 (1)		power to make order about the investment of surplus funds 	
93	section 544 (2)		power to order account of funds in hands of liquidator, audit or payment of money by liquidator 	
94	section 545		power to direct liquidator to incur particular expense 	
95	section 551		power to give leave for member of committee of inspection to accept extra benefit etc	
96	section 552		power to give direction or permission if no committee of inspection is appointed 	
97	section 554A	14.1	power to estimate or determine value of debts and claims of uncertain value in liquidation	
98	section 554G		power to grant leave to secured creditor to amend valuation of security in proof of debt 	
99	section 564		power to make order in favour of creditors who give company indemnity for costs of litigation 	
100	sections 568, 568B, 568E and 568F	10.2	power to make order in relation to disclaimer of onerous property	
101	sections 583 and 585	10.3	power in relation to winding up Part 5.7 bodies	
102	sections 596A, 596B, 596F, 597, 597A and 597B	11.3
11.6
11.7
11.9	power to make order in relation to examinations 	
103	sections 600A to 600D		power to make order in relation to creditor’s resolutions 	
104	section 601AH (2)		power to order reinstatement of registration of company	
105	section 601BJ (2)		power to approve modification in constituent documents of registered company 	
106	section 601CC (9)		power to order restoration of name of registered Australian body to the Register 	
107	section 601CL (10)		power to order restoration of name of registered foreign company to the Register	
108	section 1071D (4)	12.2	power to make order in relation to a person summoned	
109	section 1071F		power to make an order in relation to a company’s refusal to register a share transfer	
110	section 1071H (6)		power to make an order to remedy default in issuing certificate etc	
111	section 1274		power to make order if failure to give, amend etc document	
112	section 1303		power to order that books be available for inspection 	
113	section 1319		power to give directions in relation to meetings 	
114	section 1321	14.1	power to make order in appeal from decision of administrator, receiver or liquidator	
115	section 1322		power to make order in relation to irregularities 	
116	section 1325D		power to make order where contravention of a provision of chapter 6 due to inadvertence	
117	section 1335		power to make order about costs	

Part 5.3	Jurisdiction related to ASIC Act exercisable by registrar of Supreme Court

column 1
item	column 2
provision of the ASIC Act 	column 3
rule	column 4
description (for information only)	
1	section 79 (4)		power to extend period to give notice of intention to have statements made at examination admitted	

Schedule 6	Corporations Rules
(see r 3270)
Part 6.1	Corporations Rules—preliminary
1.1	Name of rules
The rules in this schedule are the Corporations Rules.
1.2	
Note	These rules do not include a r 1.2.
The rule number has been kept to ensure that provision numbers in these rules are consistent with the uniform corporations rules.
1.3	Application of sch 6 and provisions of these rules
	(1)	Unless the Supreme Court otherwise orders, this schedule applies to a proceeding in the court under the Corporations Act, or the ASIC Act, that is started on or after 12 November 2003.
	(2)	The other provisions of these rules apply, as far as they are relevant and not inconsistent with this schedule, to a proceeding in the Supreme Court under the Corporations Act, or the ASIC Act, that is started on or after 12 November 2003.
	(3)	Unless the Supreme Court otherwise orders, the rules applying to a proceeding in the court under the Corporations Act, or the ASIC Act, that were in force immediately before 12 November 2003, continue to apply to a proceeding under the Corporations Act, or the ASIC Act, that was started before that date.
Note	Because of the definition of this Act in the Corporations Act, s 9, a reference to the Corporations Act includes a reference to the Corporations Regulations.
1.4	Terms used in Corporations Act
A term used in the Corporations Act has the same meaning in this schedule.
Note	Terms used in this schedule (including the notes to those rules) that are defined in the Corporations Act include the following:
·	ACN (short for ‘Australian Company Number’) (see s 9)
·	ARBN (short for ‘Australian Registered Body Number’) (see s 9)
·	body (see s 9)
·	body corporate (see s 9)
·	books (see s 9)
·	company (see s 9)
·	corporation (see s 57A)
·	daily newspaper (see s 9)
·	foreign country (see s 9)
·	officer, in relation to a body corporate (see s 82A)
·	official liquidator (see s 9)
·	Part 5.1 body (see s 9)
·	Part 5.7 body (see s 9)
·	register (see s 9)
·	registered liquidator (see s 9)
·	registered office (see s 9)
·	statutory demand (see s 9).
1.5	Definitions—sch 6
In this schedule:
applicant means a person claiming interlocutory relief in a proceeding.
ASIC Act means the Australian Securities and Investments Commission Act 2001 (Cwlth).
commission means the Australian Securities and Investments Commission.
Corporations Regulations means the Corporations Regulations 2001 (Cwlth).
defendant means a person against whom relief (except interlocutory relief) is claimed under the Corporations Act or the ASIC Act, whether in the originating process or not.
interlocutory process means an interlocutory process in a proceeding.
originating process means an originating process in a proceeding.
plaintiff means a person claiming relief (except interlocutory relief) under the Corporations Act or the ASIC Act, whether in the originating process or not.
respondent means a person against whom interlocutory relief is claimed in a proceeding.
1.6	References to rules
A reference in this schedule to a rule is a reference to a rule in this schedule.
1.7	Substantial compliance with forms
	(1)	It is sufficient compliance with this schedule in relation to a document that is required to be in accordance with an approved form if the document is substantially in accordance with the form or has only such variations as the nature of the case requires.
	(2)	Without limiting subrule (1), the registrar must not reject a document for filing only because a term used to describe a party in the document differs from the term used in this schedule.
1.8	Court’s power to give directions
The court may give directions in relation to the practice and procedure to be followed in a proceeding if satisfied, in the circumstances of the proceeding, that—
	(a)	the provisions of the Corporations Act, the ASIC Act, or the rules of the court do not adequately provide for the practice and procedure to be followed in the proceeding; or
	(b)	a difficulty arises, or doubt exists, in relation to the practice and procedure to be followed in the proceeding.
1.9	Calculation of time
	(1)	If, for any purpose, this schedule—
	(a)	prohibits, permits or requires anything to be done within, by, or before the end of; or
	(b)	otherwise prescribes, allows or provides for;
a period of time before or after a particular day, act or event, the period is to be calculated without counting that day, or the day of the act or event.
	(2)	Without limiting subrule (1), in calculating how many days a particular day, act or event is before or after another day, act or event, only the first day, or the day of the first act or event, is to be counted.
	(3)	If the last day of a period prescribed or allowed by these rules for anything to be done falls on a day that is not a business day where it is to be or may be done, it is to be or may be done on the first business day at the place after that day.
	(4)	In calculating a period of time for these rules, the period beginning on 25 December in a year and ending at the end of 1 January in the next year is not to be counted.
1.10	Extending and shortening of time
Unless the Corporations Act, the ASIC Act or this schedule otherwise provides, the rules of the court that provide for the extending or shortening of a period of time fixed for doing anything in relation to a proceeding apply to a proceeding to which this schedule applies.

Part 6.2	Proceedings generally
2.1	Title of documents in a proceeding
A document for use in a proceeding, and for which there is an approved form, must be headed in the way set out in the form.
2.2	Originating process and interlocutory process
	(1)	Unless this schedule otherwise provides, a person must make an application required or permitted by the Corporations Act to be made to the court—
	(a)	if the application is not made in a proceeding already started in the court—by filing an originating process; and
	(b)	in any other case, and whether interlocutory relief or final relief is claimed—by filing an interlocutory process.
Note	See
	approved form 2 (Originating process) AF2006-427
	approved form 3 (Interlocutory process) AF2006-428.
	(2)	Unless the court otherwise directs, a person may make an application to the court in relation to a proceeding in relation to which final relief has been granted by filing an interlocutory process in the proceeding.
	(3)	An originating process must state—
	(a)	each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, under which the proceeding is brought; and
	(b)	the relief sought.
	(4)	An interlocutory process must state—
	(a)	if appropriate, each section of the Corporations Act or the ASIC Act, or each regulation of the Corporations Regulations, or each rule of court under which the interlocutory application is made; and
	(b)	the relief sought.
2.3	Setting of hearing
On receiving an originating process or interlocutory process, the registrar—
	(a)	must set a time, date and place for hearing and endorse those details on the originating process or interlocutory process; and
	(b)	may seal a sufficient number of copies for service and proof of service. 
2.4	Supporting affidavits
	(1)	Unless the court otherwise directs, an originating or interlocutory process must be supported by an affidavit stating the facts in support of the process.
	(2)	An affidavit in support of an originating process must annex a record of a search of the records maintained by the commission, in relation to the company that is the subject of the application to which the originating process relates, carried out no earlier than 7 days before the originating process is filed.
	(3)	This rule does not apply to an application by a company under the Corporations Act, section 459G for an order setting aside a statutory demand served on the company.
2.4A	Application for order setting aside statutory demand (Corporations Act, s 459G)
	(1)	This rule applies to an application by a company under the Corporations Act, section 459G for an order setting aside a statutory demand served on the company.
	(2)	The plaintiff may file a copy of the statutory demand, and a copy of any affidavit that accompanied the statutory demand, with the originating process seeking the order.
	(3)	The plaintiff must—
	(a)	carry out a search of the records maintained by the commission in relation to the plaintiff not earlier than 7 days before the originating process is filed, and not later than the day before the hearing of the application; and
	(b)	either—
	(i)	annex the record of the search to the affidavit in support of the originating process; or
	(ii)	file the record of the search before, or tender it on, the hearing of the application.
2.5	Affidavits made by creditors
Subject to rule 5.4 (Affidavit in support of application for winding‑up), an affidavit that is to be made by a creditor may be made—
	(a)	if the creditor is a corporation—by a director, secretary, or other principal officer of the corporation, or by a person employed by the corporation who is authorised to make the affidavit on its behalf; or
	(b)	if the creditor is a company to which a liquidator, provisional liquidator, receiver, administrator or controller has been appointed—by that person; or
	(c)	in any other case—by the creditor or a person authorised by the creditor to make the affidavit on behalf of the creditor.
2.6	Form of affidavits
An affidavit must be in a form that complies with—
	(a)	the rules of the court; or
	(b)	the rules of the Supreme Court of the State or Territory (if any) where the affidavit was sworn or affirmed.
2.7	Service of originating process or interlocutory process and supporting affidavit
	(1)	As soon as practicable after filing an originating process and, in any case, at least 5 days before the date set for hearing, the plaintiff must serve a copy of the originating process and any supporting affidavit on—
	(a)	each defendant (if any) to the proceeding; and
	(b)	if the corporation to which the proceeding relates is not a party to the proceeding—the corporation.
	(2)	As soon as practicable after filing an interlocutory process and, in any case, at least 3 days before the date set for hearing, the applicant must serve a copy of the interlocutory process and any supporting affidavit on—
	(a)	each respondent (if any) to the interlocutory application; and
	(b)	if the corporation to which the interlocutory application relates is not a party to the interlocutory application—the corporation.
2.8	Notice of certain applications to be given to commission
	(1)	This rule has effect in addition to the requirements of the Corporations Act that, in relation to a proceeding, particular documents are to be served on the commission or notice of particular matters is to be given to the commission.
	(2)	This rule does not apply to a person making an application if the person is the commission or a person authorised by the commission.
	(3)	Unless the court otherwise orders, if a person makes an application under a provision of the Corporations Act mentioned in table 2.8, column 2, the person must serve on the commission, a reasonable time before the hearing of the application, a copy of the originating or interlocutory process and supporting affidavit in relation to the application.
Table 2.8	Applications of which notice must be given to commission
column 1
item	column 2
provision	column 3
description of application	
1	section 480	for the release of a liquidator of a company and the deregistration of the company	
2	section 482 (1)	for the stay of a compulsory winding-up	
3	section 509 (6)	for the deregistration of a company	
4	section 536 (1)	for an inquiry into the conduct of a liquidator	
5	section 601AH (2)	to reinstate the registration of a company	
6	section 601CC (8)	to restore the name of an Australian body to the register	
7	section 601CL (9)	to restore the name of a foreign company to the register	
8	chapter 6, 6A, 6B, 6C, 6D or 7	any application under these chapters	
9	section 1317S (2) and (4)	for relief from liability for contravention of a civil penalty provision	

2.9	Notice of appearance (Corporations Act, s 465C)
	(1)	A person who intends to appear before the court at the hearing of an application must, before appearing—
	(a)	file the following:
	(i)	a notice of appearance; 
Note	See approved form 4 (Notice of Appearance) AF2006-429.
	(ii)	if appropriate, an affidavit stating any facts on which the person intends to rely; and
	(b)	serve on the plaintiff a copy of the notice of appearance and any affidavit not later than—
	(i)	if the person is named in an originating process—3 days before the date set for hearing; or
	(ii)	if the person is named in an interlocutory process—1 day before the date set for hearing.
	(2)	If the person intends to appear before the court to oppose an application for winding up, the person may include in the notice of appearance the notice of the grounds on which the person opposes the application required by the Corporations Act, section 465C.
	(3)	The period prescribed for filing and serving the notice and affidavit required by the Corporations Act, section 465C is the period mentioned in subrule (1) (b) (i).
Note	Under the Corporations Act, s 465C, a person may not, without the leave of the court, oppose an application for winding-up unless, within the period prescribed by these rules (see r (3)), the person has filed, and served on the plaintiff, notice of the grounds on which the person opposes the application and an affidavit verifying the matters stated in the notice. 
2.10	Intervention in proceeding by commission (Corporations Act, s 1330)
	(1)	If the commission intends to intervene in a proceeding, the commission must file a notice of intervention.
Note	See approved form 5 (Notice of intervention by the commission) AF2006-430.
	(2)	Not later than 3 days before the date set for the hearing at which the commission intends to appear in the proceeding, the commission must serve a copy of the notice, and any affidavit on which it intends to rely, on the plaintiff and on any other party to the proceeding.
2.11	Publication of notices
If a rule requires a notice in relation to a body to be published in accordance with this rule, the notice must be published once in a daily newspaper circulating generally in the State or Territory where the body has its principal, or last-known, place of business.
Note	Under the Corporations Act, certain notices may also be required to be published in the Commonwealth Gazette.  Nothing in this rule is intended to affect the operation of any provision of the Corporations Act that requires publication of a notice in the Commonwealth Gazette.
2.12	Proof of publication
	(1)	This rule applies in relation to any matter published in relation to a proceeding.
	(2)	Unless this schedule otherwise provides, or the court otherwise orders, the person responsible for the publication of the matter, or the person’s legal practitioner, must file—
	(a)	an affidavit made by the person, or the person’s legal practitioner, that states the date of publication and to which is annexed or exhibited a copy of the published matter; or
	(b)	a memorandum signed by the person, or the person’s legal practitioner, that states the date of publication and refers to and annexes a copy of the published matter.
	(3)	The affidavit or memorandum is prima facie evidence that the publication took place on the date and otherwise as stated in the affidavit or memorandum.
2.13	Leave to creditor, contributory or officer to be heard
	(1)	The court may grant leave to any person who is, or claims to be—
	(a)	a creditor, contributory or officer of a corporation; or
	(b)	an officer of a creditor, or contributory, of a corporation; or
	(c)	any other interested person;
to be heard in a proceeding without becoming a party to the proceeding.
	(2)	If the court considers that the attendance of a person to whom leave has been granted under subrule (1) has resulted in additional costs for any party, or the corporation, and that the costs should be borne by the person to whom leave was granted, the court may—
	(a)	direct that the person pay the costs; and
	(b)	order that the person not be heard further in the proceeding until the costs are paid or secured to the court’s satisfaction.
	(3)	The court may order that a person who is, or claims to be, a creditor, contributory or officer of a corporation be added as a defendant to the proceeding.
	(4)	The court may grant leave to a person under subrule (1), or order that a person be added as a defendant to a proceeding under subrule (3)—
	(a)	on application by the person or a party to the proceeding; or
	(b)	on the court’s own initiative.
	(5)	The court may—
	(a)	appoint a creditor or contributory to represent all or any class of the creditors or contributories on any question, or in relation to any proceeding, before the court, at the expense of the corporation; and
	(b)	remove any person so appointed.
2.14	Inquiry in relation to corporation’s debts etc
The court may direct an inquiry in relation to the debts, claims or liabilities, or a class of debts, claims or liabilities, of or affecting a corporation to which a proceeding relates.
2.15	Meetings ordered by the court
Subject to the Corporations Act, this schedule and any direction of the court to the contrary, the Corporations Regulations, regulations 5.6.12 to 5.6.36A apply to meetings ordered by the court.

Part 6.3	Compromises and arrangements in relation to Part 5.1 bodies
3.1	Application—pt 1.3
This part applies if an application is made to the court for approval of a compromise or arrangement between a Part 5.1 body and its creditors or members, or any class of its creditors or members.
3.2	Nomination of chairperson for meeting
Before the hearing of an application under the Corporations Act, section 411 (1), (1A) or (1B), the plaintiff must file an affidavit stating—
	(a)	the names of the people who have been nominated to be the chairperson and alternate chairperson of the meeting; and
	(b)	that each person nominated—
	(i)	is willing to act as chairperson; and
	(ii)	has had no previous relationship or dealing with the body, or any other person interested in the proposed compromise or arrangement, except as disclosed in the affidavit; and
	(iii)	has no interest or obligation that may give rise to a conflict of interest or duty if the person were to act as chairperson of the meeting, except as disclosed in the affidavit; and
	(c)	the name of the person (if any) proposed to be appointed to administer the proposed compromise or arrangement; and
	(d)	that the person does not fall within the Corporations Act, section 411 (7) (a) to (f), except as disclosed in the affidavit.
3.3	Order for meetings to identify proposed scheme
	(1)	An order under the Corporations Act, section 411 (1) or (1A) ordering a meeting or meetings in relation to a proposed compromise or arrangement must set out in a schedule, or otherwise identify, a copy of the proposed compromise or arrangement.
	(2)	Unless the court otherwise orders, a meeting of members ordered under the Corporations Act, section 411 must be convened, held and conducted in accordance with—
	(a)	the provisions of the Corporations Act, part 2G.2 that apply to the members of a company; and
	(b)	the provisions of the plaintiff’s constitution that apply in relation to meetings of members and are not inconsistent with the Corporations Act, part 2G.2.
	(3)	Unless the court otherwise orders, a meeting of a class of holders of convertible securities ordered under the Corporations Act, section 411 must be convened, held and conducted as if—
	(a)	the holders were a separate class of members; and
	(b)	the meeting were a meeting of members convened, held and conducted under subrule (2).
	(4)	However, subrule (3) only applies to a meeting of a class of holders of convertible securities to the extent that the subrule is not inconsistent with the applicable provisions of the instrument under which the securities were issued.
3.4	Notice of hearing (Corporations Act, s 411 (4) and s 413 (1))
	(1)	This rule applies to—
	(a)	an application, under the Corporations Act, section 411 (4), for an order approving a proposed compromise or arrangement in relation to a Part 5.1 body; and
	(b)	an application, under the Corporations Act, section 413 (1), for an order in relation to the reconstruction of a Part 5.1 body, or Part 5.1 bodies, or the amalgamation of 2 or more Part 5.1 bodies.
	(2)	Unless the court otherwise orders, the plaintiff must publish a notice of the hearing of the application.
Note	See approved form 6 (Notice of hearing to approve compromise or arrangement) AF2006-431.
	(3)	The notice must be published in accordance with rule 2.11 (Publication of notices) at least 5 days before the date set for the hearing of the application.
3.5	Copy of order approving compromise or arrangement to be lodged with commission
If the court makes an order under the Corporations Act, section 411 (1), (1A) or (4) or section 413 (1), the plaintiff must, as soon as practicable after the order is made—
	(a)	have the order sealed; and
	(b)	lodge an office copy of the order with the commission; and
	(c)	serve an office copy of the order on anyone appointed to administer the compromise or arrangement.

Part 6.4	Receivers and other controllers of corporation property (Corporations Act, pt 5.2)
4.1	Inquiry into conduct of controller (Corporations Act, s 423)
A complaint to the court under the Corporations Act, section 423 (1) (b) about an act or omission of a receiver, or a controller appointed by the court, must be made by an originating process seeking an inquiry in relation to the complaint.

Part 6.5	Winding-up proceedings (including oppression proceedings where winding‑up is sought)
5.1	Application—pt 6.5
This part applies to the following applications for the winding-up of a company:
	(a)	an application for an order under the Corporations Act, part 2F.1;
	(b)	an application under the Corporations Act, part 5.4 or part 5.4A.
5.2	Affidavit accompanying statutory demand (Corporations Act, s 459E (3))
For the Corporations Act, section 459E (3), the affidavit accompanying a statutory demand relating to a debt, or debts, owed by a company must—
	(a)	be made by the creditor or by a person with the authority of the creditor or creditors; and
	(b)	not state a proceeding number, or refer to a court proceeding, in any heading or title to the affidavit.
Note	See approved form 7 (Affidavit accompanying statutory demand) AF2006-432.
5.3	Application for leave to apply for winding-up in insolvency (Corporations Act, s 459P (2))
An application for leave to apply to the court for an order that a company be wound up in insolvency may be made at the same time as the application for an order that the company be wound up in insolvency is made.
5.4	Affidavit in support of application for winding-up (Corporations Act, s 459P, s 462, s 464)
	(1)	The affidavit in support of an originating process seeking an order that a company be wound up must be made by the plaintiff or by a person with the authority of the plaintiff or plaintiffs.
	(2)	If the application is made in reliance on a failure by the company to comply with a statutory demand, the affidavit must—
	(a)	verify service of the demand on the company; and
	(b)	verify the failure of the company to comply with the demand; and
	(c)	state whether and, if so, to what extent the debt, or each of the debts, to which the demand relates is still due and payable by the company at the date when the affidavit is made.
	(3)	If the application is made in reliance on the ground mentioned in the Corporations Act, section 461 (1) (a), the affidavit must—
	(a)	state whether the company is able to pay all its debts as and when they become due and payable; and
	(b)	refer to the company’s most recent balance sheet and profit and loss statement as an annexure or exhibit to the affidavit, or explain their absence.
	(4)	The affidavit must be made within 7 days before the originating process is filed.
5.5	Consent of liquidator (Corporations Act, s 532 (9))
	(1)	For the Corporations Act, section 532 (9), an official liquidator must consent to act as liquidator of a company.
Note	See approved form 8 (Consent of liquidator/provisional liquidator) AF2006-433.
	(2)	In an application for an order that a company be wound up, the plaintiff must—
	(a)	before the hearing of the application, file the consent mentioned in subrule (1) of an official liquidator who would be entitled to be appointed as liquidator of the company; and
	(b)	serve a copy of the consent on the company at least 1 day before the hearing.
	(3)	In this rule:
liquidator does not include a provisional liquidator.
5.6	Notice of application for winding-up
	(1)	Unless the court otherwise orders, the plaintiff must publish a notice of the application for an order that a company be wound up.
Note	See approved form 9 (Notice of application for winding-up order) AF2006-434.
	(2)	The notice must be published in accordance with rule 2.11 (Publication of notices)—
	(a)	at least 3 days after the originating process is served on the company; and
	(b)	at least 7 days before the date set for hearing of the application.
5.7	Applicant to make copies of documents available
A copy of any document filed in a proceeding to which this part applies must be available at the plaintiff’s address for service for inspection by a creditor, contributory or officer of the company, or an officer of a creditor or contributory of the company.
5.8	Discontinuance of application for winding-up
An application for an order that a company be wound up may not be discontinued except with the leave of the court.
5.9	Appearance before registrar
After filing an originating process seeking an order that a company be wound up, the plaintiff must, if required—
	(a)	appear before the registrar on a date to be appointed by the registrar; and
	(b)	satisfy the registrar that the plaintiff has complied with the Corporations Act and these rules in relation to applications for a winding-up order.
5.10	Order substituting plaintiff in application for winding‑up (Corporations Act, s 465B)
	(1)	If the court makes an order under the Corporations Act, section 465B, the court may also order that the substituted plaintiff or plaintiffs publish a notice stating that the substituted plaintiff or plaintiffs intend to apply for an order that the company be wound up.
Note	See approved form 10 (Notice of application for winding-up order by substituted plaintiff) AF2006-435.
	(2)	The notice must be published—
	(a)	in accordance with rule 2.11 (Publication of notices) at least 7 days before the date set for the hearing of the application; or
	(b)	as otherwise directed by the court.
5.11	Notice of winding-up order and appointment of liquidator
	(1)	This rule applies if the court orders that a company be wound up and an official liquidator be appointed as liquidator of the company.
	(2)	Not later than the day after the order is made, the plaintiff must inform the liquidator of the appointment.
	(3)	As soon as practicable after being informed of the appointment, the liquidator must publish a notice of the winding-up order and the liquidator’s appointment.
Note	See approved form 11 (Notice of winding-up order and of appointment of liquidator) AF2006-436.
	(4)	The notice must be published in accordance with rule 2.11 (Publication of notices).
	(5)	In this rule:
liquidator does not include a provisional liquidator.

Part 6.6	Provisional liquidators (Corporations Act, pt 5.4B)
6.1	Appointment of provisional liquidator (Corporations Act, s 472)
	(1)	An application for an official liquidator to be appointed, under the Corporations Act, section 472 (2), as a provisional liquidator of a company must be accompanied by the written consent of the official liquidator.
Note	See approved form 8 (Consent of liquidator/provisional liquidator) AF2006-433.
	(2)	If—
	(a)	an order is made appointing a provisional liquidator; and
	(b)	the order provides that the provisional liquidator may take into the provisional liquidator’s custody part only of the company’s property;
the order must include a short description of the part of the company’s property that the provisional liquidator may take into custody.
	(3)	The court may require the plaintiff to give an undertaking as to damages.
6.2	Notice of appointment of provisional liquidator
	(1)	This rule applies if the court orders that an official liquidator be appointed as a provisional liquidator of a company.
	(2)	Not later than the day after the order is made, the plaintiff must—
	(a)	except if the plaintiff is the commission—lodge an office copy of the order with the commission; and
	(b)	serve an office copy of the order on the company (except if the plaintiff is the company) and on anyone else as directed by the court; and
	(c)	give to the provisional liquidator an office copy of the order and a written statement that the order has been served as required by paragraph (b).
	(3)	As soon as practicable after the order is made, the provisional liquidator must publish a notice of the provisional liquidator’s appointment.
Note	See approved form 12 (Notice of appointment of provisional liquidator) AF2006-437.
	(4)	The notice must be published in accordance with rule 2.11 (Publication of notices).

Part 6.7	Liquidators
7.1	Resignation of liquidator (Corporations Act, s 473 (1))
	(1)	A liquidator appointed by the court who wishes to resign office must file with the registrar, and give to the commission, a memorandum of resignation.
	(2)	The resignation takes effect on the filing and giving of the memorandum.
7.2	Filling vacancy in office of liquidator (Corporations Act, s 473 (7), s 502)
	(1)	If, for any reason, there is no liquidator acting in a winding-up, the court may—
	(a)	for a winding-up by the court—appoint another official liquidator whose written consent has been filed; and
	(b)	for a voluntary winding-up—appoint another registered liquidator whose written consent has been filed.
	(2)	The court may make the appointment—
	(a)	in any case—on application by the commission, a creditor or a contributory; or
	(b)	for a winding-up by the court—on its own initiative.
7.3	Report to liquidator as to company’s affairs (Corporations Act, s 475)
	(1)	If a person is required under the Corporations Act, section 475 to submit and verify a report as to the affairs of a company, the liquidator must give to the person the appropriate forms and instructions for the preparation of the report.
	(2)	Except by order of the court, no person is to be allowed out of the property of a company any costs or expenses incurred in relation to the preparation of the report that have not been—
	(a)	sanctioned by the liquidator before being incurred; or
	(b)	assessed.
	(3)	The liquidator must report to the court any default in complying with the requirements of the Corporations Act, section 475.
	(4)	In this rule:
liquidator includes a provisional liquidator.
7.4	Liquidator to file certificate and copy of settled list of contributories (Corporations Act, s 478)
If, in a winding-up by the court, a liquidator has settled and certified a list, or supplementary list, of contributories, the liquidator must, not later than 14 days after doing so, file the certificate and a copy of the list.
7.5	Release of liquidator and deregistration of company (Corporations Act, s 480 (c) and (d))
	(1)	This rule applies to an application by the liquidator of a company—
	(a)	for an order that the liquidator be released; or
	(b)	for an order that the liquidator be released and that the commission deregister the company.
	(2)	The interlocutory process seeking the order must include—
	(a)	a notice stating that any objection to the release of the liquidator must be made by filing and serving a notice of objection not later than 21 days after the date of service of the interlocutory process; and
	(b)	a statement setting out the terms of the Corporations Act, section 481 (3).
Note	The Corporations Act, s 481 (3) provides that an order of the court releasing a liquidator discharges the liquidator from all liability in relation to any act done or default made by the liquidator in the administration of the affairs of the company, or otherwise in relation to the liquidator’s conduct as liquidator, but any such order may be revoked on proof that it was obtained by fraud or by suppression or by concealment of any material fact.
	(3)	The supporting affidavit must include details of the following matters:
	(a)	whether the whole of the company’s property has been realised or whether so much of the company’s property has been realised as, in the liquidator’s opinion, can be realised without needlessly protracting the winding-up;
	(b)	any calls made on contributories in the course of the winding‑up;
	(c)	any dividends paid in the course of the winding-up;
	(d)	whether the committee of inspection (if any) has passed a resolution approving the liquidator’s release;
	(e)	whether the commission has appointed an auditor to report on an account or statement of the position in the winding-up under the Corporations Act, section 539 (2); 
	(f)	whether the court has ordered a report on the accounts of the liquidator to be prepared;
	(g)	whether any objection to the release of the liquidator has been received by the liquidator from—
	(i)	an auditor appointed by the commission or by the court; or
	(ii)	any creditor, contributory or other interested person;
	(h)	whether any report has been submitted by the liquidator to the commission under the Corporations Act, section 533;
	(i)	whether the liquidator considers it necessary to report on the affairs of the company or any of its officers;
	(j)	any property disclaimed in the course of the winding-up;
	(k)	any remuneration paid or payable to the liquidator and how such remuneration was determined;
	(l)	any costs, charges or expenses payable by the liquidator if the court grants the liquidator’s release;
	(m)	if the application is made under the Corporations Act, section 480 (c)—the facts and circumstances because of which it is submitted that the company should not be deregistered.
	(4)	The liquidator must include in the supporting affidavit the following statements, including, if appropriate, the words in brackets:
	(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 subject corporation or otherwise in relation to my conduct as liquidator which is likely to give rise to any liability to the subject corporation or any creditor or contributory [except as disclosed in this affidavit]’;
	(b)	‘I am not aware of any claim made by any person that there has been any such act or default [except as disclosed in this affidavit]’.
	(5)	The liquidator must file with, or annex to, the supporting affidavit—
	(a)	a statement of the financial position of the company at the date when the interlocutory process seeking release was filed; and
	(b)	a summary of the liquidator’s receipts and payments in winding up the company.
	(6)	Unless the court otherwise orders, the liquidator must serve by prepaid post, on each creditor who has proved a debt in the course of the winding-up, and on each contributory, a copy of the interlocutory process accompanied by—
	(a)	a copy of the summary of the liquidator’s receipts and payments in winding up the company; and
	(b)	a copy of the statement of the financial position of the company at the date when the interlocutory process seeking release was filed.
7.6	Objection to release of liquidator
	(1)	A creditor or contributory of a company who wishes to object to the release of the liquidator of the company must, within 21 days after the date of service of the interlocutory process seeking release—
	(a)	file—
	(i)	a notice of objection; and
Note	See approved form 13 (Notice by creditor or contributory of objection to release of liquidator) AF2006-438.
	(ii)	if appropriate, an affidavit stating any facts relied on; and
	(b)	serve a copy of the notice and the affidavit (if any) on the liquidator.
	(2)	If the liquidator is served with a notice of objection by a creditor or contributory, the liquidator must, not later than 3 days after being served, serve on the creditor or contributory a copy of the affidavit supporting the interlocutory process.
7.7	Report on accounts of liquidator (Corporations Act, s 481)
	(1)	If the court orders that a report on the accounts of a liquidator be prepared under the Corporations Act, section 481 (1), the liquidator must give to the auditor appointed to prepare the report all information, books and vouchers required to prepare the report.
	(2)	On completing the report, the auditor must—
	(a)	file a copy of the report in a sealed envelope that is marked with the title and number of the proceeding and the words ‘Auditor’s report under section 481 (1) of the Corporations Act 2001’; and
	(b)	serve a copy of the report on the liquidator; and
	(c)	give a copy of the report to the commission.
	(3)	Except with the leave of the court, a report is not available for inspection by any person except the liquidator or the commission.
7.8	Application for payment of call (Corporations Act, s 483 (3) (b))
The affidavit in support of an application by the liquidator of a company, under the Corporations Act, section 483 (3) (b), for an order for the payment of a call must, if a form is approved under the Court Procedures Act 2004, section 8 for this rule, be in accordance with the approved form.
Note	See approved form 14 (Affidavit in support of application for order for payment of call) AF2006-439
7.9	Distribution of surplus by liquidator with special leave of the court (Corporations Act, s 488 (2))
	(1)	The affidavit in support of an application for special leave to distribute a surplus must state how the liquidator intends to distribute the surplus including the name and address of each person to whom the liquidator intends to distribute any part of the surplus.
	(2)	At least 14 days before the date set for the hearing of the application, the liquidator must publish a notice of the application. 
Note	See approved form 15 (Notice of application for leave to distribute a surplus) AF2006-440.
	(3)	The notice must be published in accordance with rule 2.11 (Publication of notices).
7.10	Powers delegated to liquidator by the court (Corporations Act, s 488)
Subject to the Corporations Act, this schedule and any order of the court, the powers and duties given to the court by the Corporations Act, part 5.4B in relation to the matters mentioned in the Corporations Act, section 488 (1) may be exercised by a liquidator appointed by the court as an officer of the court and subject to the control of the court.
7.11	Inquiry into conduct of liquidator (Corporations Act, s 536 (1) and (2))
	(1)	A complaint to the court under the Corporations Act, section 536 (1) (b) must be made—
	(a)	for a winding-up by the court—by an interlocutory process seeking an inquiry; and
	(b)	for a voluntary winding-up—by an originating process seeking an inquiry.
	(2)	A report to the court by the commission under the Corporations Act, section 536 (2) must be made—
	(a)	for a winding-up by the court—by filing—
	(i)	an interlocutory process seeking orders under the subsection; and
	(ii)	a written report in a sealed envelope that is marked with the title and number of the proceeding; and
	(b)	for a voluntary winding-up—by filing—
	(i)	an originating process seeking orders under the subsection; and
	(ii)	a written report in a sealed envelope that is marked with the title of the proceeding and provision for its number.
	(3)	The contents of a report filed under subrule (2) need not, at the time of filing, be verified by an affidavit.
	(4)	Except with the leave of the court, a report made under the Corporations Act, section 536 (2) is not available for inspection by anyone except the liquidator or the commission.
	(5)	In this rule:
liquidator includes a provisional liquidator.

Part 6.8	Special managers (Corporations Act, pt 5.4B)
8.1	Application for appointment of special manager (Corporations Act, s 484)
	(1)	An application by a liquidator for the appointment of a special manager in relation to a company must state the powers that, in the liquidator’s opinion, should be entrusted by the court to the special manager.
	(2)	The supporting affidavit must state—
	(a)	the circumstances making it proper that a special manager be appointed; and
	(b)	details of the remuneration proposed to be paid to the special manager; and
	(c)	whether any committee of inspection in the winding-up, or a meeting of creditors, has approved the appointment of a special manager.
8.2	Security given by special manager (Corporations Act, s 484)
	(1)	The court may, from time to time, direct that the amount of security given by a special manager be varied.
	(2)	Unless the court otherwise directs, the costs of providing the security given by a special manager in relation to a particular winding-up—
	(a)	are the personal expenses of the special manager; and
	(b)	must not be charged against the property of the company as an expense incurred in the winding-up.
8.3	Special manager’s receipts and payments (Corporations Act, s 484)
	(1)	A special manager must give to the liquidator—
	(a)	an account of the special manager’s receipts and payments; and
	(b)	a statutory declaration verifying the account.
	(2)	If the liquidator approves the account, the liquidator must include the total amounts of the special manager’s receipts and payments in the liquidator’s accounts.

Part 6.9	Remuneration of office‑holders
9.1	Remuneration of receiver (Corporations Act, s 425 (1))
	(1)	This rule applies to an application by a receiver of property of a corporation for an order under the Corporations Act, section 425 (1) fixing the receiver’s remuneration.
Note	Under the Corporations Act, s 425 (2) (b), the court may exercise its power to make an order fixing the remuneration of a receiver appointed under an instrument even if the receiver has died, or has ceased to act, before the making of the order or the application for the order.
	(2)	At least 21 days before filing an originating or interlocutory process seeking the order, the receiver must serve a notice of the receiver’s intention to apply for the order, and a copy of any affidavit on which the receiver intends to rely, on the following:
Note	See approved form 16 (Notice of intention to apply for remuneration) AF2006-441.
	(a)	the person who appointed the receiver;
	(b)	any creditor holding security over all or any of the same property of the corporation (except if the creditor is the person who appointed the receiver);
	(c)	any administrator, liquidator or provisional liquidator of the corporation;
	(d)	any administrator of a deed of company arrangement executed by the corporation;
	(e)	if there is no-one of the kind mentioned in paragraph (c) or (d)—
	(i)	each of the 5 largest (measured by amount of debt) unsecured creditors of the corporation; and
	(ii)	each member of the corporation whose shareholding represents at least 10% of the issued capital of the corporation.
	(3)	Within 21 days after the last service of the documents mentioned in subrule (2), any creditor or contributory, or anyone mentioned in subrule (2) (c), (d) or (e), may give to the receiver a notice of objection to the remuneration claimed, stating the grounds of objection.
	(4)	If the receiver does not receive a notice of objection within the period mentioned in subrule (3)—
	(a)	the receiver may file an affidavit, made after the end of that period, in support of the originating or interlocutory process seeking the order stating—
	(i)	the date, or dates, when the notice and affidavit required to be served under subrule (2) were served; and
	(ii)	that the receiver has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (3); and
	(b)	the receiver may endorse the originating or interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the receiver; and
	(c)	the application may be so dealt with.
	(5)	If the receiver receives a notice of objection within the period mentioned in subrule (3), the receiver must serve a copy of the originating or interlocutory process seeking the order on each creditor or contributory, or other person, who has given a notice of objection.
	(6)	An affidavit in support of the originating or interlocutory process seeking the order must—
	(a)	state the nature of the work carried out by the receiver; and
	(b)	state the amount of remuneration claimed; and
	(c)	include a summary of the receipts taken and payments made by the receiver for the period for which remuneration is claimed; and
	(d)	state particulars of any objection of which the receiver has received notice; and
	(e)	if the receivership is continuing—give details of any matters delaying the completion of the receivership.
9.2	Remuneration of administrator (Corporations Act, s 449E (1))
	(1)	This rule applies to an application by the administrator of a company under administration, or of a deed of company arrangement, for an order under the Corporations Act, section 449E (1) fixing the administrator’s remuneration.
	(2)	The administrator must not apply for the order until after the date of the meeting of creditors mentioned in the Corporations Act, section 449E (1) (a).
	(3)	At least 21 days before filing an originating or interlocutory process seeking the order, the administrator must serve a notice of the administrator’s intention to apply for the order, and a copy of any affidavit on which the administrator intends to rely, on the following:
Note	See approved form 16 (Notice of intention to apply for remuneration) AF2006-441.
	(a)	each creditor who was present, in person or by proxy at the meeting of creditors;
	(b)	each member of any committee of creditors;
	(c)	each member of the company whose shareholding represents at least 10% of the issued capital of the company.
	(4)	Within 21 days after the last service of the documents mentioned in subrule (3), any creditor or contributory may give to the administrator a notice of objection to the remuneration claimed, stating the grounds of objection.
	(5)	If the administrator does not receive a notice of objection within the period mentioned in subrule (4)—
	(a)	the administrator may file an affidavit, made after the end of that period, in support of the originating or interlocutory process seeking the order stating—
	(i)	the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
	(ii)	that the administrator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and
	(b)	the administrator may endorse the originating or interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the administrator; and
	(c)	the application may be so dealt with.
	(6)	If the administrator receives a notice of objection within the period mentioned in subrule (4), the administrator must serve a copy of the originating or interlocutory process seeking the order on each creditor or contributory who has given a notice of objection.
	(7)	An affidavit in support of the originating or interlocutory process seeking the order must—
	(a)	state the nature of the work carried out by the administrator; and
	(b)	state the amount of remuneration claimed; and
	(c)	include a summary of the receipts taken and payments made by the administrator for the period for which remuneration is claimed; and
	(d)	state particulars of any objection of which the administrator has received notice; and
	(e)	if the administration is continuing—give details of any matters delaying the completion of the administration.
9.3	Remuneration of provisional liquidator (Corporations Act, s 473 (2))
	(1)	This rule applies to an application by a provisional liquidator of a company for an order under the Corporations Act, section 473 (2) determining the provisional liquidator’s remuneration.
	(2)	The application must be made by interlocutory process in the winding-up proceeding.
	(3)	At least 21 days before filing the interlocutory process seeking the order, the provisional liquidator must serve a notice of the provisional liquidator’s intention to apply for the order, and a copy of any affidavit on which the provisional liquidator intends to rely, on the following:
Note	See approved form 16 (Notice of intention to apply for remuneration) AF2006-441.
	(a)	any liquidator (except the provisional liquidator) of the company;
	(b)	each member of any committee of creditors or, if there is no committee of creditors, each of the 5 largest (measured by amount of debt) creditors of the company;
	(c)	each member of the company whose shareholding represents at least 10 % of the issued capital of the company.
	(4)	Within 21 days after the last service of the documents mentioned in subrule (3), the liquidator, or any creditor or contributory, may give to the provisional liquidator a notice of objection to the remuneration claimed, stating the grounds of objection.
	(5)	If the provisional liquidator does not receive a notice of objection within the period mentioned in subrule (4)—
	(a)	the provisional liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the order stating—
	(i)	the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
	(i)	that the provisional liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and
	(b)	the provisional liquidator may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the provisional liquidator; and
	(c)	the application may be so dealt with.
	(6)	If the provisional liquidator receives a notice of objection within the period mentioned in subrule (4), the provisional liquidator must serve a copy of the interlocutory process seeking the order—
	(a)	on each creditor or contributory who has given a notice of objection; and
	(b)	on the liquidator (if any).
	(7)	An affidavit in support of the interlocutory process seeking the order must—
	(a)	state the nature of the work carried out by the provisional liquidator; and
	(b)	state the amount of remuneration claimed; and
	(c)	include a summary of the receipts taken and payments made by the provisional liquidator for the period for which remuneration is claimed; and
	(d)	state particulars of any objection of which the provisional liquidator has received notice; and
	(e)	if the winding-up proceeding has not been completed—give details of—
	(i)	any reasons known to the provisional liquidator why the winding-up proceeding has not been completed; and
	(ii)	any reasons why the provisional liquidator’s remuneration should be determined before the completion of the winding-up proceeding.
9.4	Remuneration of liquidator (Corporations Act, s 473 (3))
	(1)	This rule applies to an application by a liquidator of a company for an order under the Corporations Act, section 473 (3) determining the liquidator’s remuneration.
	(2)	The application—
	(a)	must be made by interlocutory process in the winding-up proceeding; and
	(b)	must not be made until after the date of the meeting of creditors mentioned in the Corporations Act, section 473 (4).
	(3)	At least 21 days before filing the interlocutory process seeking the order, the liquidator must serve a notice of the liquidator’s intention to apply for the order, and a copy of any affidavit on which the liquidator intends to rely, on the following:
Note	See approved form 16 (Notice of intention to apply for remuneration) AF2006-441.
	(a)	each creditor who was present, in person or by proxy, at the meeting of creditors;
	(b)	each member of any committee of creditors;
	(c)	each member of the company whose shareholding represents at least 10% of the issued capital of the company.
	(4)	Within 21 days after the last service of the documents mentioned in subrule (3), any creditor or contributory may give to the liquidator a notice of objection to the remuneration claimed, stating the grounds of objection.
	(5)	If the liquidator does not receive a notice of objection within the period mentioned in subrule (4)—
	(a)	the liquidator may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the order stating—
	(i)	the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
	(ii)	that the liquidator has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and
	(b)	the liquidator may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the liquidator; and
	(c)	the application may be so dealt with.
	(6)	If the liquidator receives a notice of objection within the period mentioned in subrule (4), the liquidator must serve a copy of the interlocutory process seeking the order on each creditor or contributory who has given a notice of objection.
	(7)	An affidavit in support of the interlocutory process seeking the order must—
	(a)	state the nature of the work carried out by the liquidator; and
	(b)	state the amount of remuneration claimed; and
	(c)	include a summary of the receipts taken and payments made by the liquidator for the period for which remuneration is claimed; and
	(d)	state particulars of any objection of which the liquidator has received notice; and
	(e)	if the winding-up is continuing—give details of any matters delaying the completion of the winding-up.
9.5	Remuneration of special manager (Corporations Act, s 484 (2))
	(1)	This rule applies to an application by a special manager of the property or business of a company for an order under the Corporations Act, section 484 (2) fixing the special manager’s remuneration.
	(2)	The application must be made by interlocutory process in the winding-up proceeding.
	(3)	At least 21 days before filing the interlocutory process seeking the order, the special manager must serve a notice of the special manager’s intention to apply for the order, and a copy of any affidavit on which the special manager intends to rely, on the following:
Note	See approved form 16 (Notice of intention to apply for remuneration) AF2006-441.
	(a)	the liquidator of the company;
	(b)	each member of any committee of creditors or, if there is no committee of creditors, each of the 5 largest (measured by amount of debt) creditors of the company;
	(c)	each member of the company whose shareholding represents at least 10% of the issued capital of the company.
	(4)	Within 21 days after the last service of the documents mentioned in subrule (3), the liquidator, or any creditor or contributory, may give to the special manager a notice of objection to the remuneration claimed, stating the grounds of objection.
	(5)	If the special manager does not receive a notice of objection within the period mentioned in subrule (4)—
	(a)	the special manager may file an affidavit, made after the end of that period, in support of the interlocutory process seeking the order stating—
	(i)	the date, or dates, when the notice and affidavit required to be served under subrule (3) were served; and
	(ii)	that the special manager has not received any notice of objection to the remuneration claimed within the period mentioned in subrule (4); and
	(b)	the special manager may endorse the interlocutory process with a request that the application be dealt with in the absence of the public and without any attendance by, or on behalf of, the special manager; and
	(c)	the application may be so dealt with.
	(6)	If the special manager receives a notice of objection within the period mentioned in subrule (4), the special manager must serve a copy of the interlocutory process seeking the order—
	(a)	on each creditor or contributory who has given a notice of objection; and
	(b)	on the liquidator.
	(7)	The affidavit in support of the interlocutory process seeking the order must—
	(a)	state the nature of the work carried out by the special manager; and
	(b)	state the amount of remuneration claimed; and
	(c)	include a summary of the receipts taken and payments made by the special manager for the period for which remuneration is claimed; and
	(d)	state particulars of any objection of which the special manager has received notice; and
	(e)	if the special management is continuing—give details of any matters delaying the completion of the special management.

Part 6.10	Winding-up generally
10.1	Determination of value of debts or claims (Corporations Act, s 554A (2))
A reference to the court by a liquidator of a company under the Corporations Act, section 554A (2) (b) must be made—
	(a)	for a winding-up by the court—by filing an interlocutory process seeking an order estimating, or determining a method for working out, the value of the debt or claim; and
	(b)	for a voluntary winding-up—by filing an originating process seeking an order estimating, or determining a method for working out, the value of the debt or claim.
10.2	Disclaimer of contract (Corporations Act, s 568 (1A))
	(1)	The affidavit in support of an application by a liquidator, under the Corporations Act, section 568 (1A), for leave to disclaim a contract in relation to a company must—
	(a)	state the people interested, and their interests, under the contract; and
	(b)	state the facts on which it is submitted that the contract should be disclaimed.
	(2)	The liquidator must serve the affidavit on each party to the contract (except the company) and on anyone interested in the contract.
10.3	Winding-up Part 5.7 bodies (Corporations Act s 583, s 585) and registered schemes (Corporations Act, s 601ND)
These rules apply, with any necessary changes, and in the same way as they apply to a company, in relation to the winding-up of a Part 5.7 body or a registered scheme.

Part 6.11	Examinations and orders (Corporations Act, pt 5.9, div 1 and div 2)
11.1	Meaning of examination summons in pt 6.11
In this part:
examination summons means a summons under the Corporations Act, section 596A or section 596B for the examination of a person about a corporation’s examinable affairs.
11.2	Application for examination or investigation under Corporations Act, s 411 (9) (b), s 423 or s 536 (3)
	(1)	An application for an order for the examination or investigation of a person under the Corporations Act, section 411 (9) (b), section 423 or section 536 (3) may be made by—
	(a)	the commission; or
	(b)	a person authorised by the commission; or
	(c)	a creditor or contributory; or
	(d)	anyone else aggrieved by the conduct of—
	(i)	a person appointed to administer a compromise or arrangement; or
	(ii)	a controller; or
	(iii)	a liquidator or provisional liquidator.
	(2)	The application may be made without notice to anyone.
	(3)	The provisions of this part that apply to an examination under the Corporations Act, part 5.9, division 1 apply, with any necessary changes, to an examination or an investigation under the Corporations Act, section 411 (9) (b), section 423 or section 536 (3).
11.3	Application for examination summons (Corporations Act, s 596A, s 596B)
	(1)	An application for the issue of an examination summons must be made by filing an interlocutory or originating process.
	(2)	The application may be made without notice to anyone.
	(3)	The originating or interlocutory process seeking the issue of the examination summons must be—
	(a)	supported by an affidavit stating the facts in support of the process; and
	(b)	accompanied by a draft examination summons.
Note	See approved form 17 (Summons for examination) AF2006-442.
	(4)	The originating or interlocutory process and supporting affidavit must be filed in a sealed envelope marked, as appropriate—
	(a)	 ‘Application and supporting affidavit for issue of summons for examination under section 596A of the Corporations Act 2001’; or
	(b)	 ‘Application and supporting affidavit for issue of summons for examination under section 596B of the Corporations Act 2001’.
	(5)	If the application is not made by the liquidator, the liquidator must be given notice of the application and, if required by the liquidator, served with a copy of the originating or interlocutory process and the supporting affidavit.
	(6)	If the application is not made by the commission, the commission must be given notice of the application and, if required by the commission, served with a copy of the originating or interlocutory process and the supporting affidavit.
	(7)	Unless the court otherwise orders, an affidavit in support of an application for an examination summons is not available for inspection by anyone.
11.4	Service of examination summons
An examination summons issued by the court must be personally served, or served in any way that as the court may direct, on the person who is to be examined at least 8 days before the date set for the examination.
11.5	Discharge of examination summons
	(1)	This rule applies if a person is served with an examination summons.
	(2)	Not later than 3 days after the person is served with the examination summons, the person may apply to the court for an order discharging the summons by filing—
	(a)	an interlocutory process seeking an order discharging the summons; and
	(b)	an affidavit stating the facts in support of the interlocutory process.
	(3)	As soon as practicable after filing the interlocutory process seeking the order and the supporting affidavit, the person must serve a copy of the interlocutory process and the supporting affidavit on—
	(a)	the person who applied for the examination; and
	(b)	unless that person is the commission or a person authorised by the commission, the commission.
11.6	Filing of record of examination (Corporations Act, s 597 (13))
If the court makes an order in relation to an examination under the Corporations Act, section 597 (13), the court may give directions for the filing of the written record of the examination.
11.7	Authentication of transcript of examination (Corporations Act, s 597 (14))
For the Corporations Act, section 597 (14), a transcript of an examination may be authenticated—
	(a)	by the person, or people, who prepared the record of examination, or under whose supervision the record was prepared, certifying in writing signed by the person or people, that the record is a true transcript of the record of examination; or
	(b)	by anyone present at the examination, or any part of the examination, signing the person’s name at the bottom of each page of the written record that records a part of the examination at which the person was present.
11.8	Inspection of record or transcript of examination or investigation under Corporations Act, s 411, s 423 or s 536
	(1)	A written record or transcript of an examination or investigation under the Corporations Act, section 411, section 423 or section 536 is not available for inspection by anyone except—
	(a)	with the consent of the liquidator (if any) or the commission; or
	(b)	by leave of the court.
	(2)	This rule does not apply to the liquidator, the commission or anyone authorised by the commission.
11.9	Entitlement to record or transcript of examination held in public
	(1)	This rule applies if—
	(a)	an examination under the Corporations Act, section 597 is held completely or partly in public; and
	(b)	a written record or transcript of the examination is filed in the court.
	(2)	The person examined may apply to the registrar, not later than 3 years after the completion of the examination, for a copy of the record or transcript of the part of the examination of the person held in public.
	(3)	On receiving an application from a person under subrule (2), and any applicable fee, the registrar must give a copy of the record or transcript to the person.
11.10	Default in relation to examination
	(1)	This rule applies if a person is summoned or ordered by the court to attend for examination, and—
	(a)	without reasonable cause, the person—
	(i)	fails to attend at the time and place appointed; or
	(ii)	fails to attend from day-to-day until the completion of the examination; or
	(iii)	fails to take an oath or make an affirmation; or
	(iv)	fails to answer a question that the court directs the person to answer; or
	(v)	fails to produce books that the summons requires the person to produce; or
	(vi)	fails to comply with a requirement by the court to sign a written record of the examination; or
	(b)	before the day set for the examination, the person who applied for the summons or order satisfies the court that there is reason to believe that the person summoned or ordered to attend for examination has absconded or is about to abscond.
	(2)	The court may—
	(a)	issue a warrant for the arrest of the person summoned or ordered to attend for examination; and
	(b)	make any other orders that the court considers just or necessary.
11.11	Service of application for order in relation to breaches etc by person concerned with corporation (Corporations Act, s 598)
	(1)	This rule applies to a person applying for an order under the Corporations Act, section 598.
	(2)	In addition to complying with rule 2.7 (Service of originating process or interlocutory process and supporting affidavit) and rule 2.8 (Notice of certain applications to be given to commission), the person must serve a copy of the originating or interlocutory process and the supporting affidavit on any liquidator or provisional liquidator (except if the person is the liquidator or provisional liquidator) of the corporation or body.
Note	Under r 2.7, a plaintiff must serve a copy of the originating process, and any supporting affidavit, on a defendant to the proceeding and, if necessary, on the corporation to which the proceeding relates; and an applicant must serve a copy of an interlocutory process, and any supporting affidavit, on a respondent to the proceeding and, if necessary, on the corporation to which the proceeding relates.  In certain cases, these documents may also be required to be served on the commission (see r 2.8).

Part 6.12	Takeovers, acquisitions of shares and other matters (Corporations Act, chs 6, 6A, 6B, 6C, 6D and 7) and securities (Corporations Act, ch 7)
12.1	Service on commission in relation to proceedings under Corporations Act, ch 6, 6A, 6B, 6C, 6D or 7
If the commission is not a party to an application made under the Corporations Act, chapter 6, 6A, 6B, 6C, 6D or 7, the plaintiff must serve a copy of the originating process and the supporting affidavit on the commission as soon as practicable after filing the originating process.
12.1A	Reference to court of question of law arising in proceeding before Takeovers Panel (Corporations Act, s 659A)
The procedures in the Federal Court Rules, order 50 (Case stated and questions reserved) apply, with any necessary changes, to a reference of a question of law arising in a proceeding before the Takeovers Panel to the court under the Corporations Act, section 659A.
12.2	Application for summons for appearance of person (Corporations Act, s 1071D (4))
	(1)	An application for the issue of a summons under the Corporations Act, section 1071D (4) must be made by filing an originating or interlocutory process.
	(2)	The applicant may be the only party to the application.
	(3)	The originating or interlocutory process seeking the issue of the summons must be—
	(a)	supported by an affidavit stating the facts in support of the process; and
	(b)	accompanied by a draft summons.
Note	See approved form 18 (Summons for appearance in relation to registration of transfer of interests) AF2006-443.
12.3	Application for orders relating to refusal to register transfer or transmission of securities (Corporations Act, s 1071F)
As soon as practicable after filing an originating process under the Corporations Act, section 1071F, the plaintiff must serve a copy of the originating process and the supporting affidavit on—
	(a)	the company; and
	(b)	anyone against whom an order is sought.

Part 6.13	  
  
Note	These rules do not include a pt 6.13.
The division number has been kept to ensure that provision numbers in these rules are consistent with the uniform corporations rules.

Part 6.14	Powers of courts (Corporations Act, pt 9.5)
14.1	Appeal from act, omission or decision of administrator, receiver or liquidator etc (Corporations Act, s 554A, s 1321)
	(1)	All appeals to the court authorised by the Corporations Act must be started by an originating or interlocutory process that states—
	(a)	the act, omission or decision complained of; and
	(b)	for an appeal against a decision—whether all or part only of the decision is complained of and, if part only, which part of the decision is complained of; and
	(c)	the grounds on which the complaint is based.
	(2)	Unless the Corporations Act otherwise provides, the originating or interlocutory process must be filed within—
	(a)	21 days after the date of the act, omission or decision appealed against; or
	(b)	any further time allowed by the court.
	(3)	The court may extend the time for filing the originating or interlocutory process either before or after the time for filing ends and whether or not the application for extension is made before the time ends.
	(4)	As soon as practicable after filing the originating or interlocutory process and, in any case, at least 5 days before the date set for hearing, the appellant must serve a copy of the process, and any supporting affidavit, on each person directly affected by the appeal.
	(5)	As soon as practicable after being served with a copy of the originating or interlocutory process and any supporting affidavit, a person whose act, omission or decision is being appealed against must file an affidavit—
	(a)	stating the basis on which the act, omission or decision was done or made; and
	(b)	annexing or exhibiting a copy of all relevant documents that have not been put in evidence by the appellant.

Part 6.15	Proceedings under ASIC Act
15.1	Reference to court of question of law arising at hearing of commission (ASIC Act, s 61)
The procedures in the Federal Court Rules, order 50 (Case stated and questions reserved) apply, with any necessary changes, to a reference of a question of law arising at a hearing by the commission to the court under the ASIC Act, section 61.
15.2	
Note	These rules do not include a r 15.2.
The rule number has been kept to ensure that provision numbers in these rules are consistent with the uniform corporations rules.
15.3	Application for inquiry (ASIC Act, s 70, s 201, s 219)
An application for an inquiry under the ASIC Act, section 70 (3), section 201 (3) or section 219 (7) must be made by filing an originating process seeking an inquiry and orders under the relevant subsection.

Part 6.16	  
    
Note	This part of the uniform corporations rules has not been included.
These rules deal with the powers of the court that may be exercised by the master or registrar of the court (see pt 6.4 (Master) and pt 6.5 (Registrar) and sch 5).

Schedule 7	Transitional—modification of rules for Magistrates Court
(see r 7010)
Part 7.1	Modification of Magistrates Court (Civil Jurisdiction) Rules 2004
1.1	New section 497
insert
497	Proceeding in business name if unregistered etc
	(1)	This section applies to a business name under which business is being carried on by a person in contravention of the Business Names Act 1963 if—
	(a)	the name is not registered under that Act; or
	(b)	the name is registered under that Act, but is not registered in relation to the person; or
	(c)	the name is registered under that Act in relation to the person but the person has not complied with that Act, section 12 (Notification of changes in particulars relating to registered business names etc) in relation to the name.
	(2)	If a proceeding is started against the person under the business name, the following provisions apply:
	(a)	the proceeding is not invalid only because of the contravention;
	(b)	the business name is a sufficient designation of the person in any process in or in relation to the proceeding unless the court otherwise orders.

Dictionary
(see r 7)
Note 1	The Legislation Act contains definitions and other provisions relevant to these rules.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	adult
·	asset
·	business day
·	child
·	corporation
·	Corporations Act
·	correctional centre
·	domestic partner
·	entity
·	external territory
·	fail
·	foreign country
·	guardianship tribunal
·	instrument (see s 14)
·	NSW correctional institution
·	person
·	position
·	property
·	public servant
·	solicitor
·	territory law.
accompanying affidavit, for division 2.12.3 (Appointment of medical expert for Civil Law (Wrongs) Act)—see rule 1222.
account, for a financial institution, for part 2.18 (Enforcement)—see rule 2000.
accounting party, for division 2.20.2 (Taking accounts)—see rule 2720.
accused person—
	(a)	for division 4.1.2 (Criminal proceedings—service)—see rule 4005; and
	(b)	for part 4.3 (Supreme Court criminal proceedings)—see rule 4700; and
	(c)	for division 4.3.3 (Supreme court criminal proceedings—bail)—see rule 4720.
active party, to a proceeding, means a party who has an address for service in the proceeding, other than a party—
	(a)	either—
	(i)	against whom judgment has been entered in the proceeding; or
	(ii)	in relation to whom the proceeding has been dismissed, withdrawn, discontinued or permanently stayed; and
	(b)	against whom there is no further claim in the proceeding.
addressee, for a subpoena, means the person who is the subject of the order expressed in the subpoena.
address for service, in relation to a proceeding (including a proceeding on an application in the proceeding), means—
	(a)	for a person represented by a solicitor in the proceeding—
	(i)	if the solicitor has a place of business in the ACT—the business address, and any of the following, given by the solicitor to the court for the proceeding:
	(A)	a document exchange box number in the ACT;
	(B)	a postbox number at a post office in the ACT;
	(C)	a fax number;
	(D)	an email address; or
	(ii)	in any other case—the address of a place in the ACT given by the solicitor to the court for the proceeding; or
	(b)	for a plaintiff, defendant or anyone else acting in person in a civil proceeding—
	(i)	if the person has a home or place of business in the ACT—the home or business address given by the person to the court for the proceeding; or
	(ii)	in any other case—the address of a place in the ACT given by the person to the court for the proceeding; or
	(c)	for an accused person or convicted person acting in person—
	(i)	if the person is in custody—the address of the place of custody, whether in or outside the ACT; or
	(ii)	if the person is granted bail—the address given for bail, whether in or outside the ACT; or
	(iii)	in any other case—the address for service (if any) in the ACT given by the person to the registrar; or
	(d)	for the director of public prosecutions—the director’s business address in the ACT, and any of the following, given by the director to the court for the proceeding:
	(i)	a document exchange box number in the ACT;
	(ii)	a postbox number at a post office in the ACT;
	(iii)	a fax number;
	(iv)	an email address.
Administration and Probate Act, for part 3.1 (Administration and probate)—see rule 3000.
administration bond, for part 3.1 (Administration and probate)—see rule 3045.
admission, for part 3.11 (Legal profession)—see rule 3600.
Adoption Act, for part 3.2 (Adoption)—see rule 3150.
adoption proceeding, for part 3.2 (Adoption)—see rule 3150.
affidavit in support, for division 2.11.3 (Default by defendant)—see rule 1119.
amendment order, for part 3.2 (Adoption)—see rule 3150.
ancillary order, for division 2.9.4 (Injunctions and similar orders)—see rule 742.
another court, for subdivision 2.9.4.2 (Freezing orders)—see rule 740.
appeal—
	(a)	for part 5.2 (Appeals from master or registrar)—see rule 5010; and
	(b)	for part 5.3 (Appeals to Supreme Court)—see rule 5050; and
	(c)	for division 5.4.4 (Appeals to Court of Appeal—procedure generally), division 5.4.5 (Appeals to Court of Appeal—appeal papers and hearing) and division 5.4.6 (Appeals to Court of Appeal—ending all or part of appeal)—see rule 5400; and
	(d)	for division 5.4.7 (Appeals to Court of Appeal—convictions and sentences)—see rule 5500; and
	(e)	for part 5.8 (Written cases)—see rule 5850.
appearance date, for part 4.3 (Supreme Court criminal proceedings)—see rule 4731.
appellant, for part 5.8 (Written cases)—see rule 5850.
appellate proceeding means a proceeding to which chapter 5 applies.
Note	For the proceedings to which ch 5 applies, see the following rules:
·	r 5011 (Application—pt 5.2)
·	r 5051 (Application—pt 5.3)
·	r 5070 (Application—div 5.3.2)
·	r 5081 (Application—div 5.3.3)
·	r 5310 (Application—div 5.4.2)
·	r 5331 (Application—div 5.4.3)
·	r 5401 (Application—divs 5.4.4-5.4.6)
·	r 5505 (Application—sdiv 5.4.7.2)
·	r 5520 (Application of div 5.4.3 to certain appeals by DPP)
·	r 5800 (Application—div 5.7.1)
·	r 5851 (Application of pt 5.8 to div 5.6.1 etc).
applicable convention, in relation to a request issued by or on behalf of a court or tribunal of a foreign country, for division 6.10.9 (Taking evidence for Australian and foreign courts and tribunals)—see rule 6840.
applicant—
	(a)	for subdivision 2.9.4.2 (Freezing orders)—see rule 740; and
	(b)	for subdivision 2.9.4.3 (Search orders)—see rule 750; and
	(c)	for division 5.6.1 (Reference appeals—Supreme Court)—see rule 5750; and
	(d)	for division 5.6.2 (Reference appeals—Court of Appeal)—see rule 5770; and
	(e)	for division 6.10.3 (Exchange of correspondence before making application in proceeding)—see rule 6740; and
	(f)	for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
application, in a proceeding—see rule 6006 (Application—pt 6.2).
application for admission, for part 3.11 (Legal profession)—see rule 3600.
appointed expert, for division 2.12.3 (Appointment of medical expert for Civil Law (Wrongs) Act)—see the Civil Law (Wrongs) Act 2002, section 84.
approved form means a form approved under the Court Procedures Act 2004, section 8 for these rules.
ASIC Act, for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
assessed costs means costs and disbursements assessed under part 2.17 (Costs).
attached to a document includes incorporated into the document.
Australia, for division 6.8.9 (Service outside Australia—general)—see rule 6500.
Australian court, for division 6.10.9 (Taking evidence for Australian and foreign courts and tribunals)—see rule 6840.
authorised DX system means the document exchange approved by practice note.
bailiff—see the Magistrates Court Act 1930, dictionary.
beneficiary, for division 2.20.4 (Executors, administrators and trustees—accounts and commission)—see rule 2745.
business—see the Business Names Act 1963, dictionary.
business name—see the Business Names Act 1963, dictionary.
carrying on business—see the Business Names Act 1963, section 4A.
case statement, for part 4.3 (Supreme Court criminal proceedings)—see rule 4732.
category A proceeding, for part 2.13 (Pre-trial procedures)—see rule 1302.
category B proceeding, for part 2.13 (Pre-trial procedures)—see rule 1302.
category C proceeding, for part 2.13 (Pre-trial procedures)—see rule 1302.
category D proceeding, for part 2.13 (Pre-trial procedures)—see rule 1302.
caveator, for division 3.1.7 (Caveats)—see rule 3065.
certiorari order, for part 3.10 (Judicial review)—see rule 3550.
charging order—see rule 2401.
chief executive, for part 3.2 (Adoption)—see rule 3150.
civil proceeding does not include a criminal proceeding.
claim for relief includes—
	(a)	a claim for possession of land; and
	(b)	a claim for delivery of goods; and
	(c)	a claim for the recovery of damages or another amount; and
	(d)	a claim for a declaration of right; and
	(e)	a claim for the decision of the court on any issue; and
	(f)	any other claim (whether legal, equitable or otherwise) that is justiciable in the court.
code of conduct, for part 2.12 (Expert evidence)—see rule 1200.
Commercial Arbitration Act, for part 3.3 (Commercial arbitration)—see rule 3250.
commission, for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
Commonwealth Evidence Act means the Evidence Act 1995 (Cwlth).
condition includes term.
conduct money, for a subpoena, means an amount of money or its equivalent sufficient to meet the reasonable expenses of the addressee of attending as required by the subpoena and returning after attending.
Example of equivalent of money
prepaid travel
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
convention, for division 6.8.9 (Service outside Australia—general)—see rule 6500.
convention country, for division 6.8.9 (Service outside Australia—general)—see rule 6500.
convicted person, for division 5.4.7 (Appeals to Court of Appeal—convictions and sentences)—see rule 5500.
convicted person’s application, for part 5.8 (Written cases)—see rule 5850.
conviction—
	(a)	for part 4.2 (Magistrates Court criminal proceedings)—see rule 4300; and
	(b)	for chapter 5 (Appellate proceedings)—see rule 5000.
Corporations Regulations, for schedule 6 (Rules for proceedings under Corporations Act or ASIC Act)—see schedule 6, rule 1.5.
correctional institution includes a NSW correctional institution.
costs of the proceeding, for a proceeding—see rule 1700.
court—
	(a)	for part 5.4 (Appeals to Court of Appeal)—see rule 5300; and
	(b)	for these rules generally—see rule 5 (1) and (2) (References to court, judicial officer etc).
court or tribunal, for part 5.3 (Appeals to Supreme Court)—see rule 5050.
criminal proceeding means a proceeding against a person for an offence (whether summary or indictable), and includes the following:
	(a)	a committal proceeding;
	(b)	a proceeding in relation to bail;
	(c)	a proceeding in relation to sentence;
but does not include—
	(d)	an appellate proceeding; 
	(e)	for division 4.3.2 (Supreme Court criminal proceedings—representation)—an application in relation to bail.
Cross-vesting Act, for part 3.5 (Cross-vesting)—see rule 3300.
cross-vesting law, for part 3.5 (Cross-vesting)—see rule 3300.
custody, for part 3.9 (Habeas corpus)—see rule 3500.
date of filing—see rule 6126 (2).
debt redirection order—see rule 2301 (1).
decision, for part 5.2 (Appeals from master or registrar)—see rule 5010.
defence, for chapter 2 (Civil proceedings generally), includes an answer to a counterclaim.
defendant—
	(a)	for division 2.18.17 (Enforcement—arrest warrant for absconding defendants)—see rule 2551; and
	(b)	for part 3.9 (Habeas corpus)—see rule 3500; and
	(c)	for part 4.2 (Magistrates Court criminal proceedings)—see rule 4300; and
	(d)	for schedule 6 (Rules for proceedings under Corporations Act or ASIC Act)—see schedule 6, rule 1.5; and
	(e)	for these rules generally—see rule 20.
deputy registrar—see rule 5 (5) (References to court, judicial officer etc).
described, for subdivision 2.9.4.3 (Search orders)—see rule 750.
director of public prosecutions includes the Director of Public Prosecutions under the Director of Public Prosecutions Act 1983 (Cwlth).
Note	Director of public prosecutions is defined in the Legislation Act, dict, pt 1 as the Director of Public Prosecutions under the Director of Public Prosecutions Act 1990.  This definition extends the definition to include the Cwlth director.
discharging order, for part 3.2 (Adoption)—see rule 3150.
discoverable document, for part 2.8 (Disclosure)—see rule 600.
dispensing order, for part 3.2 (Adoption)—see rule 3150.
division 2.9.4 order—see rule 725.
division 3.1.9 proceeding, for division 3.1.9 (Other probate proceedings)—see rule 3090.
document, for part 2.8 (Disclosure)—see rule 600.
document exchange box means a document exchange box in an authorised DX system.
earnings, of an enforcement debtor, for part 2.18 (Enforcement)—see rule 2000.
earnings redirection order—see rule 2350.
election application, for part 3.6 (Electoral matters)—see rule 3350.
Electoral Act, for part 3.6 (Electoral matters)—see rule 3350.
electronic communication means a communication of information in the form of data, text or images using guided or unguided electromagnetic energy.
Examples
1	email
2	email attachment
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
email address means the mailing address to and from which an electronic communication may be sent and received using the internet, an intranet or other similar network.
employer, of an enforcement debtor, for part 2.18 (Enforcement)—see rule 2000.
enforceable money order, of the court—see rule 2000.
enforceable non-money order, of the court, for part 2.18 (Enforcement)—see rule 2000.
enforcement creditor, for an enforceable money order of the court—see rule 2000.
enforcement debtor, for an enforceable money order of the court—see rule 2000.
enforcement hearing subpoena, for part 2.18 (Enforcement)—see rule 2000.
enforcement hearing warrant, for part 2.18 (Enforcement)—see rule 2000.
enforcement officer—see rule 2000.
enforcement order, of the court—see rule 2000.
estate—
	(a)	for division 2.20.4 (Executors, administrators and trustees—accounts and commission)—see rule 2745; and
	(b)	for part 3.1 (Administration and probate)—see rule 3000.
examination, for division 6.10.8 (Taking evidence otherwise than at trial)—see rule 6810.
examination order, for division 6.10.8 (Taking evidence otherwise than at trial)—see rule 6810.
examination summons, for schedule 6 (Corporations Rules), part 6.11—see schedule 6, rule 11.1.
examiner, in relation to an examination, for division 6.10.8 (Taking evidence otherwise than at trial)—see rule 6810.
exempt property for part 2.18 (Enforcement)—see rule 2000.
expert—
	(a)	in relation to an issue, for division 2.12.3 (Appointment of medical expert for Civil Law (Wrongs) Act)—see the Civil Law (Wrongs) Act 2002, section 82; and
	(b)	in relation to a proceeding, for the remainder of these rules—see rule 1201 (Meaning of expert, expert witness and expert report).
expert medical evidence, for division 2.12.3 (Appointment of medical expert for Civil Law (Wrongs) Act)—see the Civil Law (Wrongs) Act 2002, section 82.
expert report, in relation to a proceeding—see rule 1201.
expert witness, in relation to a proceeding—see rule 1201.
filed—a document is filed in the court if—
	(a)	the document is lodged at the registry for filing by the court; or
	(b)	filing of the document in the court by electronic communication is allowed under a practice note and the document is filed in accordance with the practice note.
final judgment, for division 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from final judgments)—see rule 5330.
foreign confiscation order, for division 3.7.1 (Foreign confiscation orders—registration)—see rule 3450.
Foreign Judgments Act, for part 3.8 (Foreign judgments—reciprocal enforcement)—see rule 3470.
fourth person, for division 2.18.7 (which is about regular redirections from financial institutions)—see rule 2330.
freezing order, for division 2.9.4 (Injunctions and similar orders)—see rule 741.
government, for part 2.8 (Disclosure)—see rule 600.
grant of representation, for an estate, for division 3.1.7 (Caveats)—see rule 3065.
habeas corpus order, for part 3.9 (Habeas corpus)—see rule 3500.
head of jurisdiction means—
	(a)	in relation to the Supreme Court other than when it is the Court of Appeal—the Chief Justice; or
	(b)	in relation to the Court of Appeal—the President of the Court of Appeal; or
	(c)	in relation to the Magistrates Court—the Chief Magistrate.
hearing includes trial.
incorporated limited partnership—see the Partnership Act 1963, section 51.
in default, for a defendant—
	(a)	for division 2.11.3 (Default by defendant)—see rule 1117 (When is a defendant in default—generally); and
	(b)	for division 2.11.4 (Default by defendant—partial defence)—see rule 1137 (When is a defendant in default—partial defence).
initiating party, for division 5.7.1 (Questions referred—Supreme Court)—see rule 5801.
instalment order—see rule 2150.
instalment order agreement, for part 2.18 (Enforcement)—see rule 2157.
issued, for a document filed in the court, means the document has been sealed or stamped by the court.
issuing officer, for part 6.9 (Subpoenas)—see rule 6600 (1).
issuing party, for a subpoena, for part 6.9 (Subpoenas)—see rule 6600 (1).
interested party—
	(a)	for division 5.6.1 (Reference appeals—Supreme Court)—see rule 5750; and
	(b)	for division 5.6.2 (Reference appeals—Court of Appeal)—see rule 5770.
interest in a managed investment scheme—see the Corporations Act, section 9.
interlocutory process, for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
interstate confiscation order, for division 3.7.2 (Interstate confiscation orders—registration)—see rule 3460.
judgment, for part 3.8 (Foreign judgments—reciprocal enforcement)—see rule 3470.
judicial officer—see rule 5 (3) (References to court, judicial officer etc).
Judicial Review Act, for part 3.10 (Judicial review)—see rule 3550.
judicial review application, for part 3.10 (Judicial review)—see rule 3550.
land, for division 2.9.6 (Sales of land by court order)—see rule 780.
Legal Profession Act, for part 3.11 (Legal profession)—see rule 3600.
liquidated demand means a claim for payment of a specific sum of money the amount of which is worked out or capable of being worked out by calculation, and includes a claim for interest up to judgment.
list of documents, for part 2.8 (Disclosure)—see rule 600.
made, for an order that is a judgment, means given.
mediation, for division 2.11.7 (Mediation and neutral evaluation)—see rule 1176 (1).
mediation session, for division 2.11.7 (Mediation and neutral evaluation)—see rule 1176 (2).
money order—see rule 2000.
motor vehicle, for chapter 2 (Civil proceedings generally), means a motor vehicle or trailer within the meaning of the Road Transport (General) Act 1999.
neutral evaluation, for division 2.11.7 (Mediation and neutral evaluation)—see rule 1176 (3).
neutral evaluation session, for division 2.11.7 (Mediation and neutral evaluation)—see rule 1176 (5).
nominated time, for division 6.10.3 (Exchange of correspondence before making application in proceeding)—see rule 6742 (2) (e) (Applicant’s letter to respondent).
non-convention country, for division 6.8.9 (Service outside Australia—general)—see rule 6500.
non-money order—see rule 2000.
notice claiming contribution or indemnity, for chapter 2 (Civil proceedings generally)—see rule 319 (1).
notice for non-party production, for chapter 2 (Civil proceedings generally), means a notice under rule 660.
notice of intention to respond includes a conditional notice of intention to respond.
officer, of a corporation, for part 2.18 (Enforcement)—see rule 2000.
opposite party means defendant (in relation to a plaintiff) and plaintiff (in relation to a defendant).
order—
	(a)	for part 4.2 (Magistrates Court criminal proceedings)—see rule 4300; and
	(b)	of a court or tribunal, for part 5.3 (Appeals to Supreme Court)—see rule 5050; and
	(c)	for division 5.4.4 (Appeals to Court of Appeal—procedure generally), division 5.4.5 (Appeals to Court of Appeal—appeal papers and hearing) and division 5.4.6 (Appeals to Court of Appeal—ending all or part of appeal)—see rule 5400; and
	(d)	for these rules generally—includes a judgment, decree, direction or decision, whether or not final.
order debt, for an enforceable money order of the court, for part 2.18 (Enforcement)—see rule 2000.
order for access to identifying information, for part 3.2 (Adoption)—see rule 3150.
order for delivery of possession of land—see rule 2451.
order for seizure and delivery of goods—see rule 2460.
order for seizure and detention of property—see rule 2470.
originating process—
	(a)	for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5; and
	(b)	for these rules generally—means an originating claim or originating application.
out of time—
	(a)	for division 5.3.3 (Appeals to Supreme Court—leave to appeal out of time)—see rule 5080; and
	(a)	for division 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from final judgments)—see rule 5330; and
	(b)	for division 5.4.7 (Appeals to Court of Appeal—convictions and sentences)—see rule 5500.
partner, for part 2.18 (Enforcement)—see rule 2000.
partnership—see the Partnership Act 1963, section 6.
partnership proceeding, for division 2.4.10 (Partnerships)—see rule 285.
party—
	(a)	for part 2.17 (Costs)—see rule 1700; and
	(b)	for a criminal proceeding—includes an accused person and the director of public prosecutions.
person with a legal disability means—
	(a)	a child; or
	(b)	a person with a mental disability.
person with a mental disability, for a proceeding, means a person who is not legally competent to be a party to the proceeding, and includes the person even if a guardian or manager has not been appointed for the person under the Guardianship and Management of Property Act 1991.
plaintiff—
	(a)	for division 2.18.17 (Enforcement—arrest warrants for absconding defendants)—see rule 2551; and
	(b)	for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5; and
	(c)	for these rules generally—see rule 20.
pleading includes the following:
	(a)	a statement of claim;
	(b)	a defence;
	(c)	a reply;
	(d)	a counterclaim made in a proceeding started by originating claim or third-party notice;
	(e)	an answer to a counterclaim;
	(f)	a response to an answer to a counterclaim;
	(g)	an affidavit ordered to be treated as pleadings;
but does not include the following:
	(h)	an originating claim;
	(i)	an originating application;
	(j)	a third-party notice;
	(k)	an application in a proceeding.
Note	A pleading must comply with pt 2.6 (Pleadings).
possession, in relation to something other than land, includes custody and power.
practice note means a practice note under rule 6907.
premises, for subdivision 2.9.4.3 (Search orders)—see rule 750.
prepaid post includes post that is paid for after it is posted if—
	(a)	it is accepted for delivery by post; and
	(b)	the postage is not paid (or to be paid) by the person to whom it is delivered (or to be delivered).
Example
A person has a contract with Australia Post under which Australia Post periodically bills the person for items given by the person to Australia Post for delivery.
Note	An example is part of these rules, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
prerogative injunction, for part 3.10 (Judicial review)—see rule 3550.
prerogative order, for part 3.10 (Judicial review)—see rule 3550.
prerogative relief, for part 3.10 (Judicial review)—see rule 3550.
prescribed costs amount, for part 2.11.1 (Uncontested debts and liquidated demands)—see rule 1100.
prescribed scale of costs, for part 2.17 (Costs)—see rule 1700.
principal officer, of a corporation, for part 2.18 (Enforcement)—see rule 2000.
privileged from production, for part 2.8 (Disclosure)—see rule 601.
proceeding, for division 6.10.9 (Taking evidence for Australian and foreign courts and tribunals)—see rule 6840.
prohibition order, for part 3.10 (Judicial review)—see rule 3550.
qualified person, for division 2.11.3 (Default by defendant)—see rule 1115.
question, for part 2.15 (Trial)—see rule 1500.
question referred—
	(a)	to the Supreme Court, for division 5.7.1 (Questions referred—Supreme Court)—see rule 5801; and
	(b)	to the Court of Appeal, for division 5.7.2 (Questions referred—Court of Appeal)—see rule 5831.
quo warranto order, for part 3.10 (Judicial review)—see rule 3550.
reference appeal—
	(a)	for division 5.6.1 (Reference appeals—Supreme Court)—see rule 5750; and
	(b)	for division 5.6.2 (Reference appeals—Court of Appeal)—see rule 5770.
referring court or tribunal, for division 5.7.1 (Questions referred—Supreme Court)—see rule 5800.
register—
	(a)	for division 3.7.1 (Foreign confiscation orders—registration)—see rule 3450; and
	(b)	for division 3.7.2 (Interstate confiscation orders—registration)—see rule 3460.
registrar—
	(a)	of a court or tribunal, for part 5.3 (Appeals to Supreme Court)—see rule 5050; and
	(b)	for these rules generally—see rule 5 (4) (References to court, judicial officer etc).
registry—see rule 5 (6) (References to court, judicial officer etc).
regular debt, for part 2.18 (Enforcement)—see rule 2332.
regular deposit, for division 2.18.7 (which is about regular redirections from financial institutions)—see rule 2330.
regular redirection order—see rule 2332.
relevant law, in relation to an appeal, for part 5.3 (Appeals to Supreme Court)—see rule 5050.
relief includes remedy.
reply includes a response to an answer to a counterclaim.
request, for division 6.10.9 (Taking evidence for Australian and foreign courts and tribunals)—see rule 6840.
requesting court, in relation to a request or an order under rule 6843 made on a request, for division 6.10.9 (Taking evidence for Australian and foreign courts and tribunals)—see rule 6840.
respondent—
	(a)	in relation to a notice for non‑party production, for part 2.8 (Disclosure)—see rule 600; and
	(b)	for subdivision 2.9.4.2 (Freezing orders)—see rule 740; and
	(c)	for subdivision 2.9.4.3 (Search orders)—see rule 750; and
	(d)	for division 6.10.3 (Exchange of correspondence before making application in proceeding)—see rule 6740; and
	(e)	for schedule 6 (Corporations Rules)—see schedule 6, rule 1.5.
return date means—
	(a)	for an application—the date (if any) set by the court for the application to be next before the court; and
	(b)	for a subpoena—the date set by the court for the subpoena to be complied with.
review order, for part 5.5 (Orders to review Magistrates Court decisions)—see rule 5700.
schedule of correspondence, for part 6.2 (Applications in proceedings)—see rule 6005.
script, for division 3.1.9 (Other probate proceedings)—see rule 3090.
sealed, for a document, means stamped with the court’s seal.
search order, for division 2.9.4 (Injunctions and similar orders)—see rule 751.
seizure and sale order—see rule 2200.
senior officer, of a corporation, for part 2.18 (Enforcement)—see rule 2000.
security interest, for part 2.18 (Enforcement)—see rule 2401.
sentence—
	(a)	for part 4.3 (Supreme Court criminal proceedings)—see rule 4700; and
	(b)	for chapter 5 (Appellate proceedings)—see rule 5000.
set aside means—
	(a)	for a document—the document cannot be relied on in a proceeding; or
	(b)	for anything else—the thing stops having effect.
sheriff—see the Court Procedures Act 2004, section 40.
sheriff’s officer—see the Court Procedures Act 2004, section 40.
solicitor—to remove any doubt, solicitor includes a firm of solicitors.
special federal matter, for part 3.5 (Cross-vesting)—see rule 3300.
stamped, for a document, means stamped under rule 6304.
statutory order of review, for part 3.10 (Judicial review)—see rule 3550.
subpoena means an order in writing requiring the addressee—
	(a)	to attend to give evidence; or
	(b)	to produce the subpoena or a copy of it and a document or thing; or
	(c)	to do both of those things.
subpoenaed document or thing, for division 6.10.5 (Exhibits, documents and things)—see rule 6760.
subpoena to attend to give evidence, for part 6.9 (Subpoenas)—see rule 6600 (2).
subpoena to produce, for part 6.9 (Subpoenas)—see rule 6600 (3).
supporting affidavits, for an originating application—see rule 60 (4) (Content of originating application).
supporting material, for an application in a proceeding, for part 6.2 (Applications in proceedings)—see rule 6005.
Supreme Court—
	(a)	for division 5.7.1 (Questions referred—Supreme Court)—see rule 5801; and
	(b)	for division 5.7.2 (Questions referred—Court of Appeal)—see rule 5831.
these rules include the practice notes and approved forms.
third party—see rule 322 (2) (b) (Third-party notice—fourth and subsequent parties).
third-party notice—see rule 322 (2) (c) (Third-party notice—fourth and subsequent parties).
third person, for division 2.18.6 (which is about debt redirection orders generally)—see rule 2300 (1).
tribunal—
	(a)	for part 5.3 (Appeals to Supreme Court)—see rule 5050; and
	(b)	for division 5.7.1 (Questions referred—Supreme Court)—see rule 5801.
trustee, for part 2.17 (Costs)—see rule 1700.
undefended part of the claim, for division 2.11.4 (Default by defendant—partial defence)—see rule 1137.
usual undertaking as to damages, for part 2.9 (Preservation of rights and property)—see rule 700.
Wrongs Act, for division 2.12.3 (Appointment of medical expert for Civil Law (Wrongs) Act)—see rule 1220.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Court Procedures Rules 2006 SL2006-29
notified LR 16 June 2006
r 1, r 2 commenced 16 June 2006 (LA s 75 (1))
remainder commenced 1 July 2006 (r 2)
as amended by
Court Procedures Amendment Rules 2006 (No 1) SL2006-43
notified LR 14 August 2006
r 1, r 2 commenced 14 August 2006 (LA s 75 (1))
remainder commenced 15 August 2006 (r 2)
4	Amendment history
Commencement
r 2	om LA 89 (4)
Application of rules
r 4	(2), (4) exp 1 January 2007 (r 4 (4))
	(3), (5) exp on the day the last of the provisions mentioned in the table 4.1, column 3 is repealed or otherwise ceases to apply for the purposes of proceedings in the Supreme Court (r 4 (5))
Notes
r 8	(2), (3) exp 1 July 2009 (r 8 (3))
Admission—oath or affirmation
r 3614	sub SL2006-43 r 4
Admission—entry on local roll
r 3615	ins SL2006-43 r 4
Transitional—approved forms for Supreme Court
r 7001	exp 1 January 2007 (r 7001 (4))
Transitional—application of old Magistrates Court rules to proceedings until 1 January 2007
r 7010	exp 1 January 2007 (r 7010 (4))
Transitional—modification of rules for Magistrates Court
sch 7	exp 1 January 2007 (r 7010 (4))
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 July 2006	1 July 2006–
14 Aug 2006	not amended	new rules	
R2
15 Aug 2006	15 Aug 2006–
11 Sept 2006	SL2006-43	amendments by SL2006-43	

©  Australian Capital Territory 2006