Court Procedures Rules 2006

Transcription

1 Australian Capital Territory Court Procedures Rules 2006 Subordinate Law SL (in 3 volumes) Volume 1 contains chapter 1 to chapter 2, part 2.17 Volume 2 contains chapter 2, part 2.18 to chapter 4 Volume 3 contains chapters 5 to 7, schedules 1 to 6 and dictionary Each volume has its own table of contents

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3 Australian Capital Territory Court Procedures Rules 2006 Subordinate Law SL made under the Court Procedures Act 2004 Outline contents Page Chapter 1 Preliminary 1 Chapter 2 Civil proceedings generally 9 Part 2.1 Introductory provisions ch 2 9 Part 2.2 Starting civil proceedings 12 Part 2.3 Notice of intention to respond and defence 38 SL Court Procedures Rules 2006 contents 1

4 Outline contents Page Part 2.4 Parties and proceedings 53 Part 2.5 Third-party and similar proceedings 87 Part 2.6 Pleadings 101 Part 2.7 Amendment 135 Part 2.8 Disclosure 144 Part 2.9 Preservation of rights and property 181 Part 2.10 Payment into court 213 Part 2.11 Resolving proceedings early 226 Part 2.12 Expert evidence 265 Part 2.13 Pre-trial procedures 281 Part 2.14 Court supervision 299 Part 2.15 Trial 307 Part 2.16 Judgments and other orders 320 Part 2.17 Costs 335 Part 2.18 Enforcement 381 Part 2.19 Interpleader proceedings 532 Part 2.20 Trusts, estates, accounts and inquiries 542 Part 2.21 Representation by solicitors 563 contents 2 Court Procedures Rules 2006 SL

5 Outline contents Part 2.22 Miscellaneous ch Page Chapter 3 Particular civil proceedings 575 Part 3.1 Administration and probate 575 Part 3.2 Adoption 626 Part 3.3 Commercial arbitration 641 Part 3.4 Corporations Act and ASIC Act 648 Part 3.5 Cross-vesting 649 Part 3.6 Electoral matters 656 Part 3.7 Foreign and interstate confiscation orders registration 664 Part 3.8 Foreign judgments reciprocal enforcement 671 Part 3.9 Habeas corpus 679 Part 3.10 Judicial review 684 Part 3.11 Legal profession 701 Chapter 4 Criminal proceedings 708 Part 4.1 Criminal proceedings general 708 Part 4.2 Magistrates Court criminal proceedings 719 Part 4.3 Supreme Court criminal proceedings 724 SL Court Procedures Rules 2006 contents 3

6 Outline contents Page Chapter 5 Appellate proceedings 743 Part 5.1 Appellate proceedings preliminary 743 Part 5.2 Appeals from master or registrar 745 Part 5.3 Appeals to Supreme Court 750 Part 5.4 Appeals to Court of Appeal 799 Part 5.5 Orders to review Magistrates Court decisions 857 Part 5.6 Reference appeals 863 Part 5.7 Special cases 873 Part 5.8 Written cases 883 Chapter 6 General rules for all proceedings 891 Part 6.1 Introductory provisions ch 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 contents 4 Court Procedures Rules 2006 SL

7 Outline contents Page Part 6.9 Subpoenas 989 Part 6.10 Evidence 1002 Part 6.11 Miscellaneous ch 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 SL Court Procedures Rules 2006 contents 5

8 Outline contents Schedule 5 Jurisdiction of registrar 1097 Part 5.1 Part 5.2 Part 5.3 Page Jurisdiction under rules in relation to applications in proceedings not exercisable by registrar of Supreme Court 1097 Jurisdiction related to Corporations Act exercisable by registrar of Supreme Court 1108 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 Part 6.5 Receivers and other controllers of corporation property (Corporations Act, pt 5.2) 1141 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 Part 6.14 Powers of courts (Corporations Act, pt 9.5) 1180 contents 6 Court Procedures Rules 2006 SL

9 Outline contents Page Part 6.15 Proceedings under ASIC Act 1182 Part Schedule 7 Part 7.1 Transitional modification of rules for Magistrates Court 1184 Modification of Magistrates Court (Civil Jurisdiction) Rules Dictionary 1185 SL Court Procedures Rules 2006 contents 7

10 Contents Page Chapter 1 Preliminary 1 Name of rules 1 2 Commencement 1 3 Overview of rules 1 4 Application of rules 2 5 References to court, judicial officer etc 3 6 Dispensing with rules 5 7 Dictionary 7 8 s 7 Chapter 2 Civil proceedings generally Part 2.1 Introductory provisions ch 2 20 Meaning of plaintiff and defendant 9 21 Purpose of ch 2 etc Application ch 2 11 Part 2.2 Division Starting civil proceedings How civil proceedings are started 30 Who may start and carry on a proceeding Kinds of originating processes When civil proceeding starts When originating claim must be used When originating application must be used When originating application may be used When originating application taken to be used When oral originating application may be made in Supreme Court Proceeding incorrectly started by originating claim 20 contents 8 Court Procedures Rules 2006 SL

11 Contents Page 39 Proceeding incorrectly started by originating application Setting aside originating process etc 22 Division Originating claims 50 Originating claim content etc Originating claim additional matters for claims for debt and liquidated demands Originating claim statement of claim for motor vehicle death and personal injury claims Originating claim statement of claim for employment death and personal injury claims Originating claim filing and service 27 Division Originating applications 60 Originating application content etc Originating application filing and service When originating application must be served What happens if originating application not served in time Originating application filing and service of supporting affidavits 33 Division Rules about originating process 70 Originating process to be sealed Numbering etc of proceedings Originating process solicitor s statement about filing Defendant taken to be served by filing notice of intention to respond or defence Originating process duration and renewal When proceeding struck out Reinstating struck out proceeding 37 Part 2.3 Division Notice of intention to respond and defence Notice of intention to respond and defence general 100 No step without notice of intention to respond or defence Notice of intention to respond or defence details to be included Notice of intention to respond or defence filing and service Notice of intention to respond or defence late filing or service 42 SL Court Procedures Rules 2006 contents 9

12 Contents Page 104 Ground of defence arising after defence filed etc Defence reliance on defence not disclosed Defendant may submit to judgment by notice of intention to respond Notice of intention to respond or defence several defendants with same solicitor Notice of intention to respond or defence person sued under partnership name Notice of intention to respond or defence person incorrectly served as partner Notice of intention to respond or defence person sued under business name Conditional notice of intention to respond 49 Division Notice of intention to respond and defence proceedings in Supreme Court for possession of land 150 Application div Proceeding for possession of land leave to file defence etc Proceeding for possession of land filing defence etc Proceeding for possession of land service of defence etc 51 Part 2.4 Division Parties and proceedings Including causes of action 200 Including causes of action Joint and separate claims Including causes of action inconveniently etc 54 Division Including and substituting parties 210 Necessary parties Including parties common issues of law or fact Including parties defendants may be sued jointly, severally, or in alternative Including parties joint entitlement Including parties joint or several liability Including parties plaintiff in doubt about defendant etc Including defendants identical interest in relief unnecessary 57 contents 10 Court Procedures Rules 2006 SL

13 Contents Page 217 Including parties inconveniently etc Including parties parties incorrectly included or not included Counterclaim or set-off when co-plaintiff wrongly included Court may include party if appropriate or necessary Plaintiffs may be included or substituted Inclusion or substitution as plaintiff requires agreement Including parties procedure Including parties inclusion to recover costs 61 Division Changing parties 230 Removing parties Party becomes bankrupt, dies or becomes person with mental disability Amending or setting aside order for new party made on death etc of party Failure to proceed after death of party 65 Division Included or changed parties future conduct of proceedings 240 Application div Included or substituted defendant filing and service of amended originating process Included or substituted parties date proceeding taken to start Included or substituted parties effect of action previously taken in proceeding Included or changed parties other orders about future conduct of proceeding 68 Division Proceedings under Civil Law (Wrongs) Act 2002, pt One proceeding for benefit of members of deceased person s family Orders in proceedings for compensation to relatives in death claims 69 Division Representation trustees and personal representatives 255 Application div Representation by trustees and personal representatives 71 SL Court Procedures Rules 2006 contents 11

14 Contents Page 257 Representation trustees and personal representatives must be parties Representation beneficiaries and claimants Representation proceeding about administration of deceased person s estate or trust property Representation orders bind represented people in estate or trust proceeding Representation interests of deceased person s estate 74 Division Representation numerous concurrent interests 265 Application div Representation numerous concurrent interests Orders in div proceeding bind represented people 76 Division Multiple proceedings 270 Consolidation etc of proceedings 77 Division People with a legal disability 275 Person with legal disability litigation guardian to start proceeding etc Who may be litigation guardian Litigation guardian liability for costs Becoming a litigation guardian Person with legal disability effect of no notice of intention to respond or defence Litigation guardian appointment and removal by court Litigation guardian accounts 84 Division Partnerships 285 Meaning of partnership proceeding div Proceeding in partnership name Disclosure of partners names 85 Division Business names 290 Proceeding in registered business name Proceeding in business name if unregistered etc Business names amendment about parties 87 contents 12 Court Procedures Rules 2006 SL

15 Contents Page Part 2.5 Third-party and similar proceedings 300 Purpose pt When a third-party proceeding starts Third-party proceeding when available Third-party notice content etc Third-party notice additional matters for claims for debt and liquidated demands Third-party notice statement of claim for certain personal injury claims Third-party notice filing Third-party notice sealing Third-party notice service Third-party notice effect of service on third party Third-party notice setting aside Third-party notice notice of intention to respond and defence Service of pleadings after filing of third-party notice Counterclaim by third party Third-party notice default by third party Third parties disclosure Third-party notice hearing Third party extent bound by judgment between plaintiff and defendant Third-party notice judgment between defendant and third party Notice claiming contribution or indemnity against another defendant Notice claiming contribution or indemnity filing and service etc Contribution under Civil Law (Wrongs) Act, s Third-party notice fourth and subsequent parties 102 Part 2.6 Pleadings Division Application pt Application pt Division Rules of pleading 405 Pleadings formal requirements 103 SL Court Procedures Rules 2006 contents 13

16 Contents Page 406 Pleadings statements in Pleadings matters to be specifically pleaded Pleadings money claims short form Pleadings certain facts need not be pleaded Pleadings technical objections Pleadings references to spoken words and documents Pleadings conditions precedent Pleadings matters arising after start of proceeding Pleadings inconsistent allegations etc Pleadings notice pleaded as a fact Pleadings implied contracts or relations Pleadings kind of damages etc Pleadings amount of unliquidated damages Pleadings other relief 113 Division Pleadings general 425 Pleadings striking out Pleadings trial without 114 Division Particulars 430 Pleadings all necessary particulars must be included Pleadings use of Scott schedule Pleadings negligence and breach of statutory duty Pleadings how particulars must be given Pleadings application for better particulars Pleadings failure to comply with better particulars order 117 Division Answering pleadings 440 Pleadings answering Pleadings denials and non-admissions Pleadings defence to debt and liquidated demand claims Pleadings defence to motor vehicle and employment personal injuries claims Pleadings defence to proceeding on bill of exchange etc Pleadings denial of representative capacity or partnership constitution 120 contents 14 Court Procedures Rules 2006 SL

17 Contents Page 446 Pleadings denial of contract Pleadings allegations admitted unless denied etc Pleadings unreasonable denials and non-admissions Pleadings confession of defence 122 Division Special defences 455 Pleadings defence of tender Pleadings defence of set-off 122 Division Counterclaims 460 Counterclaim cause of action arising after start of proceeding Counterclaim against plaintiff Counterclaim against additional party Counterclaim abandonment of excess in Magistrates Court Counterclaim pleading Counterclaim plaintiff may rely on previous pleadings Counterclaim answer to Counterclaim defence arising after answer Counterclaim effect of no answer Counterclaim response to answer Counterclaim conduct and pleading Counterclaim order for separate hearing Counterclaim after judgment etc in original proceeding Counterclaim judgment for balance Counterclaim stay of claim 131 Division Progress of pleading 480 Pleadings reply to defence Pleadings after reply Pleadings joinder of issue Pleadings close 133 Division Admissions 490 Admissions voluntary admission Admissions notice to admit facts or documents Admissions withdrawal 135 SL Court Procedures Rules 2006 contents 15

18 Contents Page 493 Admissions orders on 135 Part 2.7 Amendment 500 Application pt Amendment when must be made Amendment of documents Amendment after limitation period Amendment of originating process Amendment of pleadings before close of pleadings Amendment of pleadings disallowed Amendment of pleadings after close of pleadings Amendment when leave to amend ceases to have effect Amendment procedure Amendment person required to make Amendment service of amended or revised document etc Amendment pleading to Amendment costs Amendment taking effect 145 Part 2.8 Disclosure Division Interpretation pt Definitions pt Meaning of privileged from production pt Division Disclosure of documents 605 Discoverable documents Orders about disclosure Notice to disclose discoverable documents List of discoverable and privileged documents etc Claim for privilege challenge etc Claim for privilege waiver Continuing disclosure 155 Division Production and inspection 620 Production of documents for inspection 156 contents 16 Court Procedures Rules 2006 SL

19 Contents Page 621 Orders about production of documents for inspection Effect of inspection of documents disclosed by another party Production of documents at hearing of proceeding 160 Division Interrogatories 630 Service of interrogatories Objections to answer interrogatories Orders about interrogatories Answers to interrogatories Answers to interrogatories belief Answers to interrogatories to be verified Tendering of answers to interrogatories in evidence 166 Division Who may verify list of documents or answers to interrogatories? 640 Answers by governments, corporations etc Party cannot swear affidavit personally 168 Division Preliminary discovery 650 Discovery to identify potential defendant Discovery to identify right to claim relief Order under div privilege Order under div costs 173 Division Non-party production 660 Notice for non-party production issue Notice for non-party production service Notice for non-party production inspection by other parties Notice for non-party production application to set aside Notice for non-party production privilege or objection Notice for non-party production failure to produce documents Notice for non-party production copying produced documents Notice for non-party production costs 178 Division Discovery other provisions 670 Contravention of pt 2.8 order contempt of court Contravention of pt 2.8 order other action 179 SL Court Procedures Rules 2006 contents 17

20 Contents Page 672 Solicitor to notify party of certain matters about pt Improper use of disclosed document Failure to disclose document Discovery by electronic means practice notes 182 Part 2.9 Preservation of rights and property Division Interpretation pt Meaning of usual undertaking as to damages pt Division Interim preservation, distribution and payment 705 Application div Urgent orders before start of proceeding Interim distribution Interim income Payment before finding out everyone interested 186 Division Inspection, detention, custody and preservation of property 715 Inspection, detention, custody and preservation of property orders etc Disposal of property other than land Order for inspection, detention, custody or preservation affecting non-party Application for order for inspection, detention, custody or preservation Division other jurisdiction of court not affected 190 Division Subdivision Injunctions and similar orders Injunctions and similar orders generally 725 Meaning of division order Definitions div Division other jurisdiction of court not affected Division order procedure Division order without notice etc Division order without trial Division order expedited trial 194 contents 18 Court Procedures Rules 2006 SL

21 Contents Page 732 Division order damages and undertaking as to damages Division order other undertakings and security to perform undertaking 194 Subdivision Freezing orders 740 Definitions sdiv Freezing orders general Ancillary orders Freezing orders order against enforcement debtor or prospective enforcement debtor or third party Freezing orders service outside Australia of application for freezing order or ancillary order Freezing orders costs 200 Subdivision Search orders 750 Definitions sdiv Search orders general Search orders requirements for making order Search orders terms of order Search orders independent solicitors Search orders costs 205 Division Receivers 765 Application div Receiver agreement to act as etc Receiver application for order appointing etc Receiver address for service Receiver security Receiver remuneration Receiver accounts Receiver default Receiver powers Receiver duty in relation to property Receiver liability Receiver death of 211 SL Court Procedures Rules 2006 contents 19

22 Contents Division Sales of land by court order Page 780 Meaning of land div Application div Sale of land order Sale of land conduct of sale Sale of land certificate of sale result Mortgage, exchange or partition 214 Part 2.10 Payment into court 1000 Payment into court amount Payment into court costs Payment into court bond Payment into court security Payment into court interest up to date of payment Payment into court defendant who has counterclaimed Payment into court acceptance by plaintiff Payment into court costs on acceptance by plaintiff Payment into court effect on counterclaim of acceptance by plaintiff Payment into court payment out of remaining amount Payment into court defendant to counterclaim Payment into court nondisclosure Payment into court in discharge of lien Payment into court payment of amount paid into court under order Payment into court amount paid into court under order under div Payment into court amount recovered by person with legal disability Person with legal disability approval of settlement etc Person with legal disability orders about recovered amounts etc 226 contents 20 Court Procedures Rules 2006 SL

23 Part 2.11 Division Resolving proceedings early Uncontested debts and liquidated demands Contents Page 1100 Meaning of prescribed costs amount div Application div Stay of debt etc proceeding on payment of amount sought Assessment of costs for stayed debt etc proceeding Judgment on acknowledgment of debt or liquidated demand 229 Division Default by plaintiff 1110 Default by plaintiff dismissal of proceeding 231 Division Default by defendant 1115 Definitions div Application div When is a defendant in default generally Default judgment generally Default judgment relevant affidavits Default judgment debt or liquidated demand Default judgment for debt or liquidated demand assessment of costs Default judgment unliquidated damages Default judgment detention of goods Default judgment recovery of possession of land Default judgment mixed claims Default judgment other claims Default judgment costs only Default judgment setting aside etc 246 Division Default by defendant partial defence 1135 Definitions div Application div When is a defendant in default partial defence Default judgment partial defence Default judgment application of div SL Court Procedures Rules 2006 contents 21

24 Contents Division Summary judgment Page 1145 Application div Summary judgment for plaintiff Summary judgment for defendant Claims not disposed of by summary disposal Evidence in summary judgment proceedings Summary judgment applications filing and service Summary judgment applications directions etc Summary judgment applications costs Summary judgment stay of enforcement Summary judgment relief from forfeiture Summary judgment setting aside 256 Division Discontinuance and withdrawal 1160 Discontinuance or withdrawal by plaintiff Discontinuance or withdrawal of counterclaim by defendant Withdrawal of notice of intention to respond Costs of discontinuance or withdrawal Withdrawal of defence or further pleading Notice of discontinuance or withdrawal Discontinuance or withdrawal by party representing someone else etc Discontinuance or withdrawal subsequent proceeding Consolidated proceedings and counterclaims Stay pending payment of costs 261 Division Mediation and neutral evaluation 1175 Purpose div Definitions div Mediation appointment of mediator Neutral evaluation appointment of evaluator Mediation or neutral evaluation referral by court Mediation or neutral evaluation duty of parties to take part Mediation or neutral evaluation costs 263 contents 22 Court Procedures Rules 2006 SL

25 Contents Page 1182 Mediation or neutral evaluation agreements and arrangements arising from sessions Neutral evaluation privilege Evaluators secrecy Evaluators protection from liability 266 Part 2.12 Division Expert evidence Expert evidence generally 1200 Meaning of code of conduct pt Meaning of expert, expert witness and expert report Expert witnesses to agree to be bound by code of conduct Expert witness immunity 269 Division Multiple expert witnesses for same issue 1210 Application div Court may direct experts to meet etc 269 Division Appointment of medical expert for Civil Law (Wrongs) Act 1220 Definitions div Application for appointment of expert Wrongs Act, s Accompanying affidavit for appointment of expert Wrongs Act, s 86 application Response by other parties Wrongs Act, s 86 application Selection of expert etc by court Wrongs Act, s 86 application Appointed experts to be briefed etc Request by appointed expert for directions Appointed expert to report Expert report to be admitted in evidence Attendance of appointed expert 278 Division Expert reports 1240 Application div Service of expert reports Supplementary expert reports Expert evidence to be covered by expert report Expert reports admissible as evidence of opinion etc 281 SL Court Procedures Rules 2006 contents 23

26 Contents Page 1245 Requiring attendance of expert for cross-examination etc Tender of expert report 282 Part 2.13 Pre-trial procedures 1300 Definitions pt Application pt Pre-trial procedures classification of proceeding Directions hearing category C proceedings Statement of particulars before trial personal injury claims Statement of particulars before trial compensation to relatives in death claims Certificate of readiness for trial generally Certificate of readiness for trial default judgment Directions hearing category A, category B and category D proceedings Listing hearing Special fixture Expedited trial Court book Directions hearings and listing hearings costs 300 Part 2.14 Court supervision Division Directions 1400 Directions application Directions generally Proceeding already being managed by court Decision in proceeding Failure to comply with direction etc 305 Division Failure to comply with rules or order 1450 Effect of failure to comply with rules Application because of failure to comply with rules Failure to comply with order to take step 307 contents 24 Court Procedures Rules 2006 SL

27 Part 2.15 Trial Division Interpretation pt 2.15 Contents 1500 Meaning of question pt Division Proceedings at trial Page 1505 Trial defendant or plaintiff not appearing Trial adjournment etc Trial third-party proceeding Order of evidence and addresses View by court Associate etc to record hearing times Associate to enter findings etc 312 Division Separate decisions on questions 1520 Application div Separate decisions on questions order Separate decisions on questions directions Separate decisions on questions decision 314 Division Assessors and court-appointed referees 1530 Assessors Referee referral of question etc Referee appointment Referee amendment of order referring question etc Referee conduct under reference Referee submission of question to court Referee report Referee proceeding on report Assessor and referee remuneration 319 Division Assessment of damages 1545 Application div Assessment of damages Assessment of damages use of affidavit evidence Partial judgment for damages to be assessed Damages to time of assessment 321 SL Court Procedures Rules 2006 contents 25

28 Contents Page Part 2.16 Judgments and other orders 1600 Orders required by nature of case Judgment book Judgments several claims Orders set off between enforceable money orders Judgments detention of goods Orders making and effect Orders filing Orders certified duplicate Orders reasons Orders reservation of decision Orders time for compliance Orders by consent Orders by consent in proceeding Orders setting aside etc Order dismissing proceeding effect Orders joint liability Interest up to judgment Interest after judgment Judgment for interest only 336 Part 2.17 Costs Division Costs generally 1700 Definitions pt Costs general provisions Costs agreement about costs Costs order against non-party Costs failure to comply with subpoena etc Costs for issue or part of proceeding Costs if unnecessary to continue proceeding Costs proceeding removed to another court Costs in account 342 contents 26 Court Procedures Rules 2006 SL

29 Division Entitlement to costs Contents Page 1720 Costs entitlement to recover Costs general rule Costs solicitors costs generally Costs relevant amount for Magistrates Court proceedings Solicitors costs separate judgments against defendants in Magistrates Court Solicitors costs and determined fees Supreme Court judgment within Magistrates Court jurisdiction Costs amendment of documents Costs party not interested in application Costs for application reserved Costs extending or shortening time Costs inquiry to find person entitled to property Costs assessment of receiver s costs Costs trustee Costs solicitor appointed litigation guardian Costs assessment costs Costs counsel s advice and settling documents Costs evidence Costs solicitor advocate Costs retainer for counsel Costs counsel s fees for applications 353 Division Costs of party in proceeding 1750 Application div Costs assessed on party and party basis Costs assessed on solicitor and client etc basis Costs legal practitioner s delay etc Costs disallowance of costs for vexatious document etc 357 Division Costs registrar s powers and discretion 1760 Costs registrar s general powers Costs registrar s discretion in assessing 359 SL Court Procedures Rules 2006 contents 27

30 Contents Division Procedure for assessing costs Page 1800 Costs when bill of costs to be filed etc Costs if costs out of fund bill to be sent to clients Costs content of bill of costs Costs failure to file and serve bill of costs Costs payment of disbursements Costs professional charges and disbursements Costs amendment and withdrawal of bill of costs Costs notice of objection to bill of costs Costs assessment must be limited Costs default assessment if no objection to bill of costs Costs setting aside default assessment Costs offer to settle Costs acceptance of offer to settle Costs rejection of offer to settle 368 Division Procedure on costs assessment 1830 Costs attendance of parties at assessment Costs notice of adjournment of assessment Costs delay before registrar etc Costs set off of costs Costs bill of costs reduced by 15% or more Costs registrar s certificate of assessment Costs interim certificates of assessment 372 Division Reconsideration and review of costs assessment 1850 Application div Costs application for reconsideration Costs procedure for reconsideration Costs reply to objection on reconsideration Costs reconsideration of registrar s assessment Costs review by court 375 Division Security for costs 1900 Security for costs application and order 376 contents 28 Court Procedures Rules 2006 SL

31 Contents Page 1901 Security for costs when court may make order Security for costs discretionary factors Security for costs way security given Security for costs effect of order Security for costs setting aside or amending order Security for costs finalising security 380 Division Miscellaneous pt Liquidator, guardian or manager accounts 380 Part 2.18 Division Enforcement Enforcement general 2000 Definitions pt Enforcement orders generally Enforcement enforcement application is application in original proceeding Enforcement by or against non-party Enforcement amount recoverable Enforcement separate enforcement for costs Enforcement order in partnership name Enforcement against property of partnership Enforcement against property of business Enforcement enforcement of Supreme Court order in Magistrates Court Enforcement enforcement of Magistrates Court order in Supreme Court Enforcement demand for compliance unnecessary Enforcement when leave required Enforcement stay Enforcement conditional orders Enforcement service of order and related information 396 Division Enforcement orders general 2050 Enforcement orders content and issue Enforcement orders application to set aside 399 SL Court Procedures Rules 2006 contents 29

32 Contents Page 2052 Enforcement orders duration and renewal of certain enforcement orders given to enforcement officers Enforcement orders return by enforcement officer Enforcement orders priority Enforcement orders payment under order Enforcement orders orders about enforcement Enforcement orders consecutive and concurrent orders Enforcement orders deceased enforcement debtor 404 Division Enforcement of money orders enforcement hearings 2100 Enforcement hearing application by enforcement creditor Enforcement hearing otherwise than on enforcement creditor s application Enforcement hearing limit on number of applications Enforcement hearing order for hearing etc Enforcement hearing who may be directed to attend by enforcement hearing subpoena Enforcement hearing service of enforcement hearing subpoena Enforcement hearing statement of enforcement debtor s financial position Enforcement hearing subpoena to other person Enforcement hearing meeting of parties Enforcement hearing examination Enforcement hearing enforcement hearing warrant issue Enforcement hearing enforcement hearing warrant contents etc Enforcement hearing orders 417 Division Enforcement of money orders instalment orders 2150 Instalment order making Instalment order application by enforcement debtor Instalment order when application by enforcement debtor requires leave Instalment order application by enforcement creditor Instalment order relevant considerations Instalment order stay of enforcement Instalment order content and issue 425 contents 30 Court Procedures Rules 2006 SL

33 Contents Page 2157 Instalment order instalment order agreement Instalment order service Instalment order no other enforcement while in force Instalment order amending, suspending or setting aside Instalment order ceasing to have effect other than for nonpayment Instalment order ceasing to have effect for nonpayment Instalment order record of payments 430 Division Enforcement of money orders seizure and sale orders 2200 Seizure and sale order making Seizure and sale order application Seizure and sale order additional exempt property Seizure and sale order entry, search and seizure powers if no consent Seizure and sale order assistance to enforcement debtor Seizure and sale order notice of order Seizure and sale order notice of property seized Seizure and sale order removal etc of seized property Seizure and sale order application for instalment order stays sale of seized property Seizure and sale order property seized not abandoned Seizure and sale order seizure of real property Seizure and sale order enforcement debtor not to deal with real property Seizure and sale order order of seizing and selling property Seizure and sale order payment before sale Seizure and sale order suspension etc of enforcement Seizure and sale order agreements to withdraw and re-enter Seizure and sale order nature of sale Seizure and sale order setting reasonable amount Seizure and sale order additional provisions relating to land Seizure and sale order power of entry for auction of land Seizure and sale order sale at best price obtainable Seizure and sale order advertisement of sale 450 SL Court Procedures Rules 2006 contents 31

34 Contents Page 2222 Seizure and sale order postponement of sale Seizure and sale order amounts received Seizure and sale order terms about payment Seizure and sale order securities held by enforcement officer Seizure and sale order personal property subject to conditional bill of sale Seizure and sale order effect of sale of property Seizure and sale order effect of ending of order on completion of sale etc Seizure and sale order appropriation of payments towards order debt Seizure and sale order documents giving effect to sale Seizure and sale order payment to enforcement debtor Seizure and sale order purchase by enforcement officer or auctioneer prohibited Seizure and sale order account etc Seizure and sale order report by enforcement officer Seizure and sale order order for disposal and return of property to enforcement debtor 460 Division Enforcement of money orders debt redirection orders generally 2300 Application div Debt redirection order making Debt redirection order application Debt redirection order relevant considerations Debt redirection order joint funds Debt redirection order partnership debts Debt redirection order account with financial institution Debt redirection order claim by someone else Debt redirection order when debt redirected Debt redirection order notice by third person to enforcement creditor Debt redirection order payments by third person Debt redirection order third person disputes liability Debt redirection order discharge of third person 469 contents 32 Court Procedures Rules 2006 SL

35 Contents Page 2313 Debt redirection order payment to enforcement debtor despite redirection Debt redirection order amending, suspending or setting aside Debt redirection order procedure if order not complied with 472 Division Enforcement of money orders regular redirections from financial institutions 2330 Application div Regular redirection order application of div Regular redirection order making Regular redirection order content Regular redirection order service and coming into force Regular redirection order financial institution to make payments etc Regular redirection order enforcement debtor not to defeat order Regular redirection order no other enforcement while in force Regular redirection order ceasing to have effect Regular redirection order return of excess Regular redirection order record of payments 478 Division Enforcement of money orders earnings redirection orders 2350 Earnings redirection order making Earnings redirection order application Earnings redirection order relevant considerations Earnings redirection order limit Earnings redirection order information about enforcement debtor s earnings Earnings redirection order content Earnings redirection order service and coming into force Earnings redirection order person served not employer Earnings redirection order employer to make payments etc Earnings redirection order no other enforcement while in force Earnings redirection order amending, suspending or setting aside Earnings redirection order ceasing to have effect Earnings redirection order return of excess 489 SL Court Procedures Rules 2006 contents 33

36 Contents Page 2363 Earnings redirection order record of payments Earnings redirection order 2 or more orders in force Earnings redirection order person served ceasing to be employer Earnings redirection order enforcement debtor changes or ceases employment Earnings redirection order directions Earnings redirection order employment protection Earnings redirection order procedure if order not complied with 493 Division Enforcement of money orders charging orders 2400 Application div Charging order making Charging order application Charging order effect Charging order enforcement debtor dealing with charged property Charging order issuer etc dealing with charged property Charging order application to enforce charge Charging order procedure against partnership property for partner s separate order debt 499 Division Enforcement of money orders amounts in court and stop orders 2420 Enforcement orders amounts in court Enforcement orders stop orders 501 Division Enforcement of money orders receivers 2430 Application div Receiver appointment Receiver application for appointment Receiver relevant considerations for appointment Receiver powers Receiver general provisions apply 504 Division Enforcement of non-money orders general 2440 Enforcement orders for possession of land Enforcement orders for return of goods etc Enforcement orders to do or not do an act 507 contents 34 Court Procedures Rules 2006 SL

37 Contents Page 2443 Enforcement undertakings Enforcement failure of individual to comply with subpoena etc Enforcement failure of corporation to comply with subpoena etc Enforcement by contempt or seizing and detaining property preconditions 512 Division Enforcement of non-money orders orders for delivery of possession of land 2450 Application div Order for delivery of possession of land making Orders for delivery of possession of land preconditions 514 Division Enforcement of non-money orders orders for seizure and delivery of goods 2460 Order for seizure and delivery of goods making 515 Division Enforcement of non-money orders orders for seizure and detention of property 2470 Order for seizure and detention of property making Order for seizure and detention of property preconditions Order for seizure and detention of property against officer of corporation Order for seizure and detention of property return of seized property 518 Division Enforcement contempt 2500 Contempt application of div Contempt applications generally Contempt application by registrar Contempt arrest warrant if respondent likely to abscond etc Contempt in face or hearing of court alternative procedure Contempt arrest warrant Contempt punishment Contempt costs 522 Division Enforcement arrest warrants for absconding defendants 2550 Application div Meaning of plaintiff and defendant div SL Court Procedures Rules 2006 contents 35

38 Contents Page 2552 Arrest warrant for defendant application Arrest warrant for defendant issue Arrest warrant for defendant enforcement Arrest warrant for defendant costs of enforcement Arrest warrant for defendant service of warrant and claim Arrest warrant for defendant record of enforcement Arrest warrant for defendant procedure after arrest Arrest warrant for defendant release of defendant Arrest warrant for defendant court powers Arrest warrant for defendant failure to comply with conditions Arrest warrant for defendant review Arrest warrant for defendant restriction on further applications Arrest warrant for defendant costs 531 Part 2.19 Division Interpleader proceedings Stakeholder s interpleader 2600 Interpleader application by stakeholder 532 Division Enforcement officer s interpleader 2605 Interpleader notice of claim to enforcement officer Interpleader failure to give notice of claim Interpleader notice to enforcement creditor Interpleader admission of claim Interpleader enforcement officer s interpleader application Interpleader enforcement debtor s rights not affected 537 Division Interpleader orders 2620 Interpleader orders Interpleader summary disposal of proceeding Interpleader adverse claims Interpleader default by claimant Interpleader neutrality of applicant Interpleader order 2 or more proceedings Interpleader trial Interpleader disposal of amounts in court 541 contents 36 Court Procedures Rules 2006 SL

39 Part 2.20 Division Trusts, estates, accounts and inquiries Trusts and estates generally Contents Page 2700 Trusts and estates decision without order for administration Trusts and estates application not to affect powers Trusts and estates conduct of sale 543 Division Taking of accounts 2720 Meaning of accounting party div Account order for account Account orders Accounts service of order etc Accounts form and verification Accounts filing and service Accounts challenging account Accounts witness Accounts allowances Accounts delay Accounts powers exercisable on taking account Accounts class interests Accounts reference to judicial officer Accounts certificate about taking of account Accounts further consideration 551 Division Making of inquiries 2740 Inquiries procedure for inquiries Inquiries orders 552 Division Executors, administrators and trustees accounts and commission 2745 Definitions div Estate and trust accounts order requiring examination and passing of accounts Estate and trust accounts compliance with order for examination and passing of accounts Estate and trust accounts application for commission Estate and trust accounts notice of filing of accounts etc 555 SL Court Procedures Rules 2006 contents 37