LOCAL COURT RULES (Repealed)

This reprint shows the Rules as in force at 19 October 1994. Any amendments that commence after that date are not included.

These Rules shall come into operation on the commencement of the Local Court Act.

former Rules means the Local Courts Rules made pursuant to the Local Courts Act.

pending proceeding means a proceeding in the Court to which, immediately before the commencement date, the former Rules applied.

(1) Subject to subrule (3) these Rules apply to every proceeding commenced in the Court on or after the commencement date.

(2) These Rules apply, with any necessary modification, to a pending proceeding, and anything required or permitted to be done under these Rules with respect to a proceeding commenced on or after the commencement date shall or may be done in a pending proceeding.

(3) These Rules, with the exception of Orders 29, 30 and 31, do not apply to a small claim proceeding unless the Court specifically so orders.

(1) Except as the Court otherwise orders, these Rules apply, with the necessary modification, to proceedings commenced in another court and remitted or transferred to or removed into the Court on or after the commencement date as if they were a proceeding commenced in the Court on the day they were remitted, transferred or removed.

(2) For the purpose of this Part, proceedings commenced in another court and remitted or transferred to or removed into the Court on or after the commencement date shall be taken to be a pending proceeding.

(1) Except as provided in this rule, these Rules apply to an order made in a pending proceeding as if it had been given in a proceeding commenced after the commencement date.

(2) An order made in a pending proceeding before the commencement date may be enforced in accordance with these Rules, but otherwise the order shall have the same force and effect as if it were made under an Act or Rules previously in force.

(a) no appeal may be brought, application to set aside or vary made, or other proceeding taken in respect of an order made before the commencement date which could not have been brought, made or taken in respect of the order under the former Rules immediately before the commencement date; and

(b) process commenced under the former Rules to enforce an order made before the commencement date may be continued or carried out and aided in accordance with these Rules.

(1) In this rule, payment into court means, in relation to a pending proceeding, the payment into court of a sum of money in satisfaction of the claim in the manner provided by the former Rules.

(2) Where a payment into court was made in a pending proceeding before the commencement date, the former Rules continue to apply with respect to the payment as if these Rules had not been made.

(3) Without limiting subrule (2), a second or further payment into court may be made in accordance with the former Rules.

(4) In a pending proceeding a defendant who has made a payment into court may not serve an offer of compromise on the plaintiff.

corporation means a body corporate, whether formed within or out of the Territory.

counterclaim means a claim by the defendant against the plaintiff in proceedings and includes a setoff.

discovery means discovery and inspection of documents or discovery by written interrogatories or oral examination.

document includes a video tape, audio tape, disc, film, facsimile or other means of recording.

judgment given means a judgment given by the Court at the trial of a proceeding or on the hearing of an application in a proceeding.

(a) a person whose name is on the Roll of Legal Practitioners kept in pursuance of section 16 of the Legal Practitioners Act;

(d) an officer of the Attorney-General's Department of the Commonwealth authorised under section 55E(4) of the Judiciary Act 1903 of the Commonwealth to act in the name of the Australian Government Solicitor.

make discovery of documents means make a list or an affidavit of documents complying with the requirements of this Chapter, file the list or affidavit and serve a copy on the party or person entitled to the discovery.

officer, in relation to a corporation, includes a director, secretary, receiver, receiver and manager, official manager, liquidator and trustee administering a compromise or arrangement made between the corporation and another person.

order made means an order made by the Court at the trial of a proceeding or on the hearing of an application in a proceeding.

originating process means process by which a proceeding is commenced, and includes a third party notice and, where a counterclaim is made against a person not previously a party to the proceeding in which the counterclaim is made, the counterclaim.

pleading includes a statement of claim and includes particulars of a pleading.

proceeding includes a matter in the Court commenced by or under an Act or these Rules.

proper officer means an officer of the Court appointed by the Chief Magistrate in relation to the exercise of a power or the performance of a duty under this Chapter.

question means a question, issue or matter for determination by the Court, whether of fact or law or of fact and law, raised by the pleadings or otherwise at any stage of a proceeding by the Court, by a party or by a person, not a party, who has a sufficient interest.

Registrar means a person appointed under section 9 of the Act to be a Registrar, Deputy Registrar or Acting Registrar.

(2) In these Rules, a reference to a form by number is a reference to a form so numbered in the Schedule.

The Court may, of its own motion or on application, exercise a power under these Rules.

(1) There shall be a common seal of the Court as determined by the Chief Magistrate.

(2) The common seal of the Court shall be kept at the principal seat of the Court in such custody as the Chief Magistrate determines.

(3) Each Registrar shall have in his or her custody a stamp the design of which shall as nearly as practicable be the same as the design of the common seal of the Court.

(4) A document, or a copy of a document marked with a stamp referred to in subrule (3) is as valid and effectual as if it had been sealed with the common seal of the Court.

is not prescribed by these Rules or by or under an Act, the general principles of practice and the Rules and forms observed and used in the Supreme Court may, at the discretion of the Court, be adopted and applied to a proceeding with the necessary modification.

(2) An act done in accordance with a determination or direction under subrule (1) is regular and sufficient.

(3) An application for directions with respect to the commencement of a proceeding shall be made by application in which no person is named as defendant.

Where the Court makes an order that a corporation do an act, it may order that the act be done by an officer of the corporation specified by the Court.

(1) Unless the context or subject matter otherwise requires, an act, matter or thing which under the Act or these Rules or otherwise by law is required or permitted to be done by a party may be done by the party's legal representative.

(2) A legal practitioner will cease to be on the record when the legal practitioner files a notice of ceasing to act and the Court gives leave or the party's new legal practitioner files a notice of acting.

(1) Where a signature by a legal practitioner is required or permitted for the purpose of a proceeding, the signature of the legal practitioner by:

shall be as sufficient for the purpose as the signature of the legal practitioner, except in the case of an oath.

(2) A signature made in pursuance of subrule (1) shall be accompanied by an indication of the capacity in which the signature is made.

If, by these Rules, a person is required to file a document, the document is filed by being lodged with and accepted by the Registrar in the office of the Court at the proper venue of the Court, unless the Court otherwise orders.

(1) The Chief Magistrate shall appoint a bailiff or bailiffs as he or she considers necessary.

(2) A member of the Police Force of the Northern Territory has all the powers, and may perform all the duties and functions of, a bailiff of the Local Court.

(3) The bailiff shall carry out such duties as are authorised by these Rules on receipt of a warrant directed to him or her.

(1) A failure to comply with these Rules is an irregularity and does not render a proceeding or a step taken or a document or order in the proceeding a nullity.

(2) Subject to rules 2.02 and 2.03, where there has been a failure to comply with these Rules, the Court may:

The Court shall not wholly set aside a proceeding or a complaint by which the proceeding was commenced on the ground that the proceeding was commenced by the wrong process.

The Court shall not set aside a proceeding or a step taken or a document or order in a proceeding on the ground of a failure to comply with these Rules on the application of a party unless the application is made:

(a) within a reasonable time after the applicant becomes aware of the failure; and

(b) before the applicant has taken a fresh step (except for filing a defence) after becoming aware of the failure.

The Court may dispense with compliance with the requirements of these Rules either before or after the occasion for compliance arises.

(1) Unless otherwise ordered by the Court, a period of time fixed by these Rules or by another order or by a document in a proceeding shall be calculated in accordance with this Rule.

(2) Where a time of one day or longer is to begin, or to be calculated, from a day or event, the day or the day of the event shall be excluded.

(3) Where a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included.

(4) Where a period of 5 days or less would include a day on which an office of the Court is closed, that day shall be excluded.

(5) Where the last day for doing an act at an office of the Court is a day on which the office is not open, the act may be done on the next day the office is open.

(1) With the exception of the time limits imposed under rule 36.12 or under rule 30.04, the Court may extend or abridge a time fixed by these Rules or by an order fixing, extending or abridging time.

(2) Subject to rule 4.06, the Court may extend time under subrule (1) before or after the time expires whether or not an application for the extension is made before the time expires.

Where no time is fixed by these Rules or by order for doing an act in a proceeding, the Court may fix a time.

(2) In calculating the time fixed by these Rules or by an order fixing, extending or abridging time a document that is served after 4.00 p.m. or on a day on which an office of the Court is not open the order shall be taken to have been served on the next day the office is open.

(1) A document prepared by a party for use in the Court shall be prepared in accordance with this rule.

(2) A document shall be headed "In the Local Court at", stating the venue of the Court in which the proceeding has been or is to be commenced and shall show an identifying number assigned by the Court to the proceeding.

(3) A document shall be of durable paper 297 millimetres by 210 millimetres, the size known as International Paper Size A4, and be capable of receiving writing in ink.

(4) Except in the case of a form published by a law stationer, a document shall have double spacing between the lines and a left-hand margin of at least 25 millimetres.

(6) A document shall not bear an erasure or alteration that causes material disfigurement.

(7) A document shall be endorsed with the title of the proceeding and an identifying number, a short description of the document and the name and address and the telephone, facsimile and reference numbers of the legal practitioner preparing it or, where the party acts without a legal practitioner, the name, address and telephone and facsimile numbers of the party.

(9) Dates (other than months), amounts and other numbers shall be expressed in figures and not in words.

(10) The Court may require a document in a proceeding to be prepared in a manner it thinks fit.

(1) A Registrar may refuse to accept a document where the Registrar considers that the form or contents of the document show that were the document to be accepted the proceeding so commenced would be irregular or an abuse of the process of the Court.

(2) Where a document for use in the Court is not prepared in accordance with these Rules or with an order of the Court:

(a) a Registrar may refuse to accept it for filing without the direction of the Court; and

(b) the Court may order that the party responsible shall not be entitled to rely on it in any manner in the proceeding until a document which is properly prepared is filed.

(1) In accordance with the Act and these Rules, a Registrar (other than the Registrar nominated as the Judicial Registrar under rule 3.07.1) may exercise the jurisdiction of the Court other than the jurisdiction to:

(d) make an order under Order 23 (Summary Stay or Dismissal of Claim and Striking out Pleading);

(e) make an order under Order 24 (Summary Proceeding for Recovery of Possession of Land);

(g) authorise the issue of a warrant of arrest under Order 30.04 (Failure to attend in answer to Examination Summons); and

(2) The Chief Magistrate may, by practice direction, provide that the Registrars at a specified office of the Local Court are not to exercise all or any jurisdiction conferred under subrule (1).

(2) In accordance with the Act and these Rules, the Registrar nominated as the Judicial Registrar under subrule (1) may, subject to the direction of the Chief Magistrate, exercise the jurisdiction of the Court other than the jurisdiction to preside at the trial of a proceeding.

If on an application to a Registrar under the Act or these Rules, the Registrar considers that it is proper that the application be determined by a magistrate, the Registrar may refer the application to a magistrate.

(1) A person affected by an order made by a Registrar may appeal to a magistrate.

(4) Unless a magistrate otherwise orders, an appeal does not operate as a stay on the order of a Registrar.

(5) Except with the leave of the Registrar or a magistrate an appeal pursuant to this rule shall be commenced within 7 days after the date of the order.

A person who commences a proceeding is called a plaintiff and a person against whom a proceeding is commenced is called a defendant.

(1) A proceeding shall be commenced by filing a statement of claim in the office of the Court at the proper venue as specified in rule 27.03 of the Court.

(2) If an office of the Court is closed, a statement of claim may be produced by the plaintiff to a magistrate or Registrar and on the plaintiff's undertaking that the statement of claim will be lodged in the office on the day the office is next open and giving such other undertaking as the magistrate or Registrar requires, the magistrate or Registrar may initial the statement of claim and it shall thereon be taken to have been filed.

(1) A plaintiff shall not divide a claim or cause of action for the purpose of making 2 or more statements of claim.

(2) A plaintiff who has a claim for more than the amount for which a claim may be made in the Court may abandon the excess by so stating in the particulars of the claim and on proof of the claim shall be entitled to judgment.

(a) state the full name of the plaintiff, an address for service of notices and documents on the plaintiff and, if the plaintiff sues in a representative capacity, the capacity in which the plaintiff sues;

(c) where the plaintiff sues by a legal practitioner, state the name and firm and business address within the Territory and the telephone, facsimile and reference numbers of the legal practitioner and also, if the leg-al practitioner is the agent of another, the name and firm and the business address and the telephone, facsimile and reference numbers of the principal;

(iv) in the case of a claim for a liquidated amount, a precise statement of the amount and the basis upon which it is calculated; and

(v) in the case of a claim for an unliquidated amount, the basis upon which it is estimated;

(da) if the claim arises from a motor vehicle collision, have attached to it an itemised quotation of the damages sought; and

(2) In addition to the matters specified in subrule (1), the statement of claim of a party who claims damages for bodily injury shall state:

(a) particulars, with dates and amounts, of all earnings lost in consequence of the injury complained of;

(d) the name and address of each of the party's employers commencing from the day 12 months before the party sustained the injury, the time of commencement and the duration of each employment and the total net amount, after deduction of income tax, that was earned in each employment.

(1) If the plaintiff claims a debt or liquidated demand only, the statement of claim shall be endorsed with a statement as follows:

If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without giving notice of defence you may avoid further costs..

(2) The amount of costs stated in an endorsement shall be the amount of scale costs applicable to the amount claimed plus the fee, if any, for the filing and service of the statement of claim.

(1) A statement of claim is valid for service for one year after the day it is filed.

(2) If a statement of claim has not been served on a defendant, the Court may from time to time extend the period of validity for such period from the day of the order as the Court directs, being not more than one year after that day.

(3) An application for an extension under subrule (2) shall be made on or before a day on which a statement of claim would cease to be valid and no order for extension shall be made after a statement of claim ceases to be valid.

Unless the Court otherwise orders, an interlocutory or other application in a proceeding shall be by application.

In an urgent case, the Court may, on the application of a person who intends to commence a proceeding and on the person's undertaking to commence the proceeding within such time as the Court directs, make any order which the Court might make if the applicant had commenced the proceeding and the application were made in the proceeding.

(1) A statement of claim, counterclaim or claim by third party notice may be discontinued, and a notice of defence may be withdrawn, at any time before the day of hearing without the leave of the Court.

(2) Notice of discontinuance or withdrawal shall be filed and served on each other party.

(3) Discontinuance or withdrawal is not effective until the notice under subrule (2) is filed.

Unless the Court otherwise orders, a party who discontinues or withdraws in accordance with rule 4.09 shall pay the costs of the other party to the time of the discontinuance or withdrawal.

If by reason of discontinuance or withdrawal a party is liable to pay the costs of another party and the party, before paying the costs, commences another proceeding for the same or substantially the same cause of action, the Court may by order stay the proceeding until the costs are paid.

For the purpose of determining the real question in issue between the parties to a proceeding, or of correcting a defect or error in a proceeding, or of avoiding multiplicity of proceedings, the Court may at any stage order that a document (including a statement of claim) in a proceeding be amended or that a party have leave to amend a document in the proceeding.

A document required or permitted to be served in a proceeding need not be served personally unless personal service is required by these Rules or by order.

(1) Except where otherwise provided by or under an Act or this Chapter, a statement of claim with a copy of a notice of defence in accordance with Form 9A shall be served personally on each defendant.

(2) An affidavit or declaration of service shall be filed as soon as practicable after service, and in any case within 28 days after service.

(1) Personal service of a document is effected by leaving a copy of the document with the person to be served or, if the person does not accept the copy, by putting the copy down in the person's presence and telling the person the nature of the document.

(2) To effect personal service it is not necessary to show the original document.

Personal service of a document may be effected by serving the document in accordance with rule 5.03:

(c) in the case of an infant – on a parent or guardian of the infant and, if there is no such person, on the person with whom the infant resides or in whose care the infant is;

(i) on the person who, in accordance with rule 34.02(2), would be entitled to be litigation guardian in a proceeding to which the person with a disability was party; or

(ii) if there is no such person – on the person with whom the person under a disability resides or in whose care the person is;

(e) in the case of the Commonwealth or the Crown in right of the Commonwealth – at the office of the Australian Government Solicitor; or

(f) in the case of the Territory or the Crown in right of the Territory – at the office of the Solicitor for the Northern Territory.

(1) Personal service may be effected on a firm by effecting service on an officer of the firm in accordance with rule 5.03.

(2) Personal service may be effected on a corporation by leaving a copy of the document at the registered office or the principal place of business or the principal office of the corporation with some person apparently an officer of, or in the service of, the corporation and apparently of or above the age of 16 years.

(3) If a person refuses to accept service of a document, personal service may be effected on the person by putting the document down in his or her presence and telling him or her its nature.

(4) It shall not be necessary in order to effect personal service that the original document be shown.

(5) In spite of subrule (2), where a liquidator, receiver or manager has been appointed, personal service may be effected:

(a) on a company, as defined in section 9 of the Corporations Act 1989 of the Commonwealth or corresponding legislation of a State or Territory (the Corporations Law), in any manner permitted by section 220 of the Corporations Law;

(b) on the liquidator of a company, in the manner permitted by subsection 220(5) of the Corporations Law; and

(6) For the purposes of subrule (5), a document served by sending it by prepaid post addressed to:

(b) a liquidator at the last address of the office of the liquidator notice of which has been lodged; or

(a) where the plaintiff sues by a legal practitioner – the business address in the Northern Territory of the legal practitioner or his or her agent endorsed on the originating process; or

(b) where the plaintiff sues in person – the address endorsed on the originating process.

(a) where the defendant appears by a legal practitioner – the business address of that legal practitioner stated in the notice of appearance, being an address not more than 15 kilometres from the office of the court at which the originating process is filed or, where the business address of the defendant's legal practitioner is more than that distance from the office of the court, the business address of the legal practitioner's agent whose office is within that distance; or

(b) where the defendant appears in person – the address stated in the notice of defence or admission.

(1) Where personal service of a document is not required, the document may be served:

(b) by sending it by prepaid post to the person to be served at the person's proper address;

(c) where provision is made by or under an Act for service of a document on a corporation, by serving it in accordance with the provision;

(d) where the legal practitioner for a party has facilities for the reception of documents in a document exchange, by delivering it into the facilities; or

(e) where the legal practitioner for a party has the facility for the reception of documents by facsimile transmission, by transmitting the document to the facility.

(2) For the purpose of subrule (1), the proper address of a person is the address for service of the person in the proceeding but if, at the time service is to be effected, the person has no address for service, the proper address is:

(a) in the case of an individual – the person's usual or last known place of residence or of business;

(b) in the case of individuals suing or being sued in the name of a firm – the principal or last known place of business of the firm; and

(3) The day of service of a document, where it is delivered into the facilities of a document exchange in accordance with subrule (1)(d), shall be taken to be:

(4) In this rule, document exchange means a document exchange approved for the time being by the Chief Justice on the recommendation of the Law Society of the Northern Territory.

For the purposes of proof of service, evidence of a statement by a person of the person's identity or that the person holds some office is evidence of the person's identity or that the person holds the office.

Where in a proceeding a document is required or permitted to be served on a person and a legal practitioner makes on a copy of the document a note that the legal practitioner accepts service of the document on behalf of the person to be served, the document shall, unless the legal practitioner is shown not to have had authority to accept service, be taken to have been duly served on the person on the day on which the legal practitioner made the note or on such other day as is proved.

(1) Where for any reason it is impracticable to serve a document in a manner required by these Rules, the Court may order that, instead of service, such steps be taken as it specifies for the purpose of bringing the document to the notice of the person to be served.

(2) Where the Court makes an order under subrule (1), it may order that the document be taken to have been served on the happening of a specified event or on the expiry of a specified time.

(3) The Court may make an order under subrule (1) notwithstanding that the person to be served is out of the Territory or was out of the Territory when the proceeding commenced.

(4) In having regard to whether it is impracticable to serve a document, the Court shall consider:

(a) whether the applicant has taken all reasonable steps to discover the whereabouts of the person to be served and to serve the person with the process that is the subject of the application;

(b) the means of the applicant, the likely cost to the applicant and the nature of the process sought to be served;

(c) whether by advertising or some other method the existence of the process is likely to come to the knowledge of the person to be served; and

Where for any reason a document has not been served in a manner required by or under a law in force in the Territory or by these Rules but steps have been taken for the purpose of bringing, or which may have a tendency to bring, the document to the notice of the person to be served, the Court may, by order, direct that the document be taken to have been served on the person on a date specified in the order.

(1) Where a contract has been entered into in the Territory by or through an agent residing or carrying on business in the Territory on behalf of a principal residing or carrying on business out of the Territory, originating process in a proceeding relating to or arising out of the contract may, by leave of the Court given before the determination of the agent's authority or of the agent's business relations with the principal, be served on the agent.

(a) the order shall limit the time within which the defendant shall file a defence; and

(b) a copy of the order and of the originating process shall be sent without delay by pre-paid post to the defendant at the defendant's proper address out of the Territory.

Where the parties to a proceeding have, before or after the commencement of the proceeding, agreed that process may be served on a party or on a person on behalf of a party in a manner or at a place specified in the agreement, service in accordance with the agreement is sufficient service.

(1) In a proceeding for the recovery of land, the Court may, if it is satisfied that no person appears to be in possession of the land and that service:

(a) of originating process cannot be otherwise effected on a defendant without undue delay or expense, authorise service on the defendant to be effected by affixing a copy of the originating process to a conspicuous part of the land; or

(b) could not otherwise have been effected on a defendant without undue delay or expense,

order that service already effected by affixing a copy of the originating process to a conspicuous part of the land shall be taken to be good service on the defendant.

(2) This rule has effect notwithstanding that the defendant is out of the Territory at the time of affixing the copy of the originating process.

Where under these Rules or under an order of the Court a notice or other document is to be given to or served on a person by the Court, the notice or document shall, unless these Rules otherwise provides or the Court otherwise orders, be sufficiently given or served in a manner in which a document not requiring to be served personally may be served under this Order.

(1) In the case of personal service of a document, an affidavit or declaration of its service shall state by whom it was served, the hour of the day, day of the week and date on which it was served, the place of service and the manner of identification of the person served.

(2) In any other case of service of a document, an affidavit or declaration of its service shall state, with relevant dates, the facts constituting service.

(3) A document purporting to be an affidavit or declaration of service shall be taken to be evidence of the proper service of the document unless the contrary is proved.

(1) A plaintiff may join any number of claims against a defendant whether the plaintiff makes the claim in the same or in different capacities and whether the claims are made against the defendant in the same or in different capacities.

(2) If the Court considers that it is appropriate and convenient to hear separately any claims joined in one statement of claim, the Court may order that the claims be heard separately.

(3) The total amount claimed where claims are joined in the same statement of claim shall not exceed the jurisdiction of the Court.

(1) Two or more persons may be joined as plaintiffs or defendants in a proceeding where, if separate proceedings were brought by or against each of them, some common question of law or fact would arise in all the proceedings.

(a) all rights to relief are in respect of or arise out of the same transaction or series of transactions; or

(b) each person is entitled to damages and the damages will need to be assessed individually.

(1) Two or more persons may commence proceedings by a representative where they have the right to the same or substantially the same relief against the same person and if separate proceedings were brought by each of them against that person in respect of that right, some common question of law or fact would arise in all the proceedings.

(a) all rights to relief are in respect of or arise out of the same transaction or series of transactions; or

(b) each person is entitled to damages and the damages will need to be assessed individually.

The Court may on application rule that a joinder is oppressive and may make such orders as to the conduct of the proceeding as it thinks fit.

(b) the rights to relief claimed in the proceedings are in respect of or arise out of the same transaction or series of transactions; or

the Court may order the proceedings to be consolidated, or to be heard at the same time or one immediately after the other, or may order any of them to be stayed until after the determination of any other of them.

(1) If several statements of claim by different plaintiffs against the same defendant are pending in the Court and the claims arise out of the same circumstances, the defendant may apply to the Court for an order that all but one of the statements of claim be stayed.

(2) An application under subrule (1) shall be accompanied by an undertaking by the defendant that the defendant will be bound by the decision or order in the proceeding to be heard in respect of all other proceedings to be stayed by the order.

(3) On an application under subrule (1) the Court shall select the proceeding to be heard.

(1) A defendant who has a claim against a plaintiff may counterclaim in the proceedings.

(2) Rule 6.01 applies to a counterclaim as if the plaintiff were the defendant and the defendant were the plaintiff.

(3) A defendant who counterclaims shall make the counterclaim when the notice of defence is given unless the Court otherwise orders.

A counterclaim shall be heard at the hearing of the claim unless the Court otherwise orders.

If an original claim is stayed, dismissed, discontinued or struck out or if a decision is given for the plaintiff, a counterclaim nevertheless may be prosecuted.

If a defendant, as against a person not already a party to the proceeding (in this Order called the third party), claims:

(b) a relief or remedy relating to or connected with the original subject-matter of the proceeding and substantially the same as some relief or remedy claimed by the plaintiff; and

(c) that a question relating to or connected with the original subject-matter of the proceeding should be determined not only as between the plaintiff and the defendant but also as between either or both of them and the third party,

the defendant may join the third party as a party to the proceeding and make the claim against the third party by filing and serving a third party notice in Form 8A.

(1) A claim against a third party shall be commenced by filing a third party notice.

(2) A third party notice shall be served on the third party in the same manner as a statement of claim is served on a defendant.

(4) A third party shall not be served later than 28 days after the day on which a notice of defence is given unless the Court otherwise orders.

(1) If a defendant files a third party notice against a person the plaintiff may join the person as a defendant.

(2) A plaintiff shall give notice in writing to a third party, a defendant and the Registrar that the third party is joined as a defendant.

If a third party notice has been filed and served the Court may at any time before the claim is determined:

(a) order that the defendant's claim or part of the claim or the facts on which the claim or part of the claim depends be dealt with or enquired into separately; or

The Court may give directions or make an order for directions in a proceeding involving the defendant and a third party.

With the leave of the Court, a third party who wishes to obtain relief of the kind mentioned in rule 8.01 against another person, may file and serve a notice on the other person and on every other person who is then a party to the proceeding and, if the other person is or other persons are not parties, shall serve on the other person and on each of the other persons a copy of the claim.

If a defendant has served a counterclaim, this Order with the necessary modification, applies as if the defendant were the plaintiff and the plaintiff were the defendant.

If a party claims against another party to a proceeding contribution pursuant to section 12 of the Law Reform (Miscellaneous Provisions) Act, a notice claiming relief of the kind described in rule 8.01 shall be in Form 8B.

(1) A notice of defence shall be given within 28 days after service of the statement of claim unless the Court otherwise orders.

(b) if the defendant acts by a legal practitioner, the name and address and the telephone, facsimile and reference numbers of the legal practitioner;

(d) state particulars of the defence which shall include a summary of the material facts on which the defendant relies;

(e) state the defence or defences relied on and if the defendant intends by way of defence to rely on:

(i) illegality or fraud, the defendant shall give particulars of the illegality or fraud;

(ii) minority, the defendant shall state the date and place of the defendant's birth;

(iii) limitation by statute, the defendant shall state the date after which the defendant claims that the statute began to run;

(iv) discharge under a law relating to bankruptcy or insolvency, the defendant shall state the date of the order sequestrating the defendant's estate and the court by which it was made and, if necessary, the date of the certificate of an order for the bankrupt's or insolvent's discharge;

(v) tender, the defendant shall state the date of the tender and where the amount tendered is less than the amount claimed, specify the item or items in the plaintiff's particulars of demand in respect of which tender was made; or

(3) A notice of defence fails to satisfy the requirements of this rule if it is in the form of general denials and non-admissions.

(4) Notice of defence shall be given by serving a copy of the notice on the plaintiff or the plaintiff's legal practitioner at the address for service and by filing a copy with the Registrar.

(5) The defence of tender is not available unless the defendant pays into court the amount alleged to have been tendered not later than 5 days before the date of hearing of the proceeding.

(1) A defendant may give notice to a plaintiff that the defendant requires further and better particulars of the plaintiff's claim.

(2) A notice seeking further and better particulars shall be in writing and shall specify in respect of which facts or matters alleged particulars are sought and shall be filed with the Court.

(1) A plaintiff may give notice to a defendant that the plaintiff requires further and better particulars of the defendant's defence.

(2) A notice seeking further and better particulars shall be in writing and shall specify in respect of which facts or matters alleged particulars are sought and shall be filed with the Court.

Unless the Court otherwise orders, a notice under rule 9.02 or 9.03 shall be given not later than 14 days before the day fixed for the prehearing conference to set the matter down for hearing.

Within 7 days after receiving a notice seeking further and better particulars, a party shall file and serve the further and better particulars.

Rules 9.01, 9.03, 9.04 and 9.05 shall apply, with the necessary modification, to a counterclaim as if the plaintiff in the proceeding were a defendant.

If a party fails to comply with a notice requiring further and better particulars, the Court may make an order against the party:

(b) if the party is a defendant, permitting the plaintiff to proceed as if a notice of defence had not been filed.

Where a defendant has a claim against a plaintiff for the recovery of a debt or damages, the claim may be relied on as a defence to the whole or part of a claim made by the plaintiff for the recovery of a debt or damages and may be included in the defence and set off against the plaintiff's claim, whether or not the defendant also counterclaims for the debt or the damages.

(3) A conditional notice of defence shall have effect for all purposes as an unconditional notice of defence unless, on application by the defendant, the Court otherwise orders.

(4) An application under subrule (3) shall be made within 14 days after the day the conditional notice of defence is filed.

Order 10 Order in default of defence
10.01 Plaintiff may apply for order

If a defendant does not file a notice of defence within 28 days after the service of the statement of claim or, in the event that a notice of defence is struck out under rule 23.02, within 28 days after the order striking out the notice of defence is made, the plaintiff may apply for an order for default judgment.

An application under rule 10.01 shall be filed with the Court and shall be accompanied by:

(a) in the case where a claim is for a debt or liquidated demand, an affidavit or declaration of service of the statement of claim; and

(ii) an affidavit verifying the claim and the nature and extent of the injury, loss or damage suffered by the plaintiff.

(1) If an application under rule 10.01 has been made and the Registrar is satisfied that an order should be made, the Registrar may make such an order.

(2) If an application under rule 10.01 has been made and the Registrar is not satisfied that an order should be made, the Registrar shall refer the matter to the Court for decision.

(4) If the Court, under subrule (3)(b), directs a further affidavit to be filed, the Registrar may, on the filing of the affidavit, make an order.

(1) Except where these Rules otherwise provide, a party to a proceeding may serve on another party a request for discovery requiring the party served to make discovery of all documents which are or have been in the other party's possession relating to the proceeding.

A request for discovery shall be served not later than 14 days after the day on which notice of defence is given unless the Court otherwise orders.

(1) A list or affidavit of documents for the purpose of making discovery of documents may be in accordance with Form 11B and shall:

(a) identify the documents that are or have been in the possession of the party making the list or affidavit;

(b) enumerate the documents in convenient order and describe each document or, in the case of a group of documents of the same nature, describe the group sufficiently to enable the document or group to be identified;

(c) distinguish those documents that are in the possession of the party making the list or affidavit from those that have been but are no longer in the party's possession, and where adocument that has been but is no longer in the party's possession, state when the party no longer had possession of the document and the party's belief as to what has become of it; and

(d) if the party making the list or affidavit claims that a document in the party's possession is privileged from production, state sufficiently the grounds of the privilege.

(2) It is not necessary to set out correspondence between the legal practitioners for the parties.

(3) There shall be no privilege from setting out or production of documents on the sole ground that they relate solely to and do not tend to impeach the party's case, and do not relate to the other party's case or tend to support it.

A party on whom a request for discovery is served shall, within 14 days after service of the request, make discovery of documents.

(1) A party may, by notice to produce served on another party, require that the other party produce for inspection a document in the party's possession referred to:

(b) in particulars of claim, notice of defence or counterclaim or in an affidavit.

(2) A party on whom a notice to produce is served in accordance with subrule (1) shall, within 7 days after service, serve on the party requiring production a notice appointing a time within 7 days after service of the notice under this subrule when, and a place where, the documents may be inspected.

(1) If a plaintiff or other party claiming relief fails to make discovery, the Court may dismiss the claim.

(2) If a defendant or other party against whom relief is claimed fails to comply with a request for discovery, the Court may make an order against the person permitting the party seeking the order to proceed as if a notice of defence had not been filed.

(3) An application for an order under subrule (1) or (2) shall be made before the day fixed for hearing of the claim.

(1) A party on whom a request for discovery is served shall continue to give discovery in accordance with rule 11.04 until the commencement of the hearing.

(b) as soon as practicable if the document comes into the party's possession at any time after 28 days before the prehearing conference.

A party to a proceeding may serve on another party interrogatories relating to a question between them in the proceeding with the consent in writing of the party interrogated or with leave of the Court.

An application for leave to serve interrogatories shall be made within 28 days after the day on which notice of defence is given or, in a case where a party has requested discovery, within 14 days after the day on which discovery was given, unless the Court otherwise orders.

If interrogatories are to be answered by 2 or more parties, the interrogating party shall state in the document containing the interrogatories which of the interrogatories each party is required to answer.

(a) the party who serves the interrogatories shall file a copy without delay; and

(b) the party on whom interrogatories are served shall, within 28 days after service, answer by affidavit, file it and serve a copy on the party who served the interrogatories.

(1) A party interrogated shall answer each interrogatory specifically by answering the substance of the interrogatory without evasion unless it is objectionable on any of the grounds in subrule (2).

(2) If a party objects to answering an interrogatory, the party shall state briefly on which of the following grounds the party objects to answer:

(a) the interrogatory does not relate to a question between the party and the interrogating party;

(d) the interrogatory requires the party to express an opinion that the party is not qualified to give;

(3) The person answering interrogatories shall make such enquiries as are reasonable in order to enable him or her to provide a proper answer.

(ii) a corporation, by an officer of the corporation, or by a person duly authorised by an officer of the corporation to answer; or

(1) If a plaintiff or other party claiming relief fails to answer interrogatories, the Court may dismiss the proceeding.

(2) If a defendant or other party against whom relief is claimed fails to answer interrogatories, the Court may make an order against the person permitting the party seeking the order to proceed as if a notice of defence had not been filed.

(3) An application for an order under subrule (1) or (2) shall be made before the day fixed for hearing of the claim.

(1) On an application in or at the hearing of a proceeding a party may tender as evidence:

(a) one or more answers to interrogatories given by another party without tendering the others; or

(b) part of an answer to an interrogatory without tendering the whole of the answer.

(2) On the tender of the whole or part of an answer to an interrogatory, the Court may look at the whole of the answers and if another answer or a part of an answer is so connected with the matter tendered that the matter tendered ought not to be used without the other answer or part, the Court may reject the tender unless the other answer or part is also tendered.

Order 13 Preliminary discovery and discovery from non-party
13.01 Interpretation

description includes the name, place of residence, place of business, occupation and sex of the person against whom the applicant desires to bring a proceeding and whether the person is an individual or a corporation.

An order made under this Order shall not operate to require the person against whom the order is made to produce a document which, on the ground of privilege, the person could not be required to produce:

(a) in the case of an order under rule 13.03 or 13.05, if the applicant had commenced a proceeding against the person;

(b) in the case of an order under rule 13.04 or 13.06, if the applicant had made the person a party to the proceeding; or

(c) in the case of an order made under rule 13.07, if the person had been served with a witness subpoena for production of the document at the trial of the proceeding.

(1) If an applicant, having made reasonable enquiries, is unable to ascertain the description of a person sufficiently for the purpose of commencing a proceeding in the Court against the person (in this rule called the person concerned) and it appears that some person has or is likely to have knowledge of facts, or has

or is likely to have or has had or is likely to have had in the person's possession a document or thing tending to assist in such ascertainment, the Court may make an order under subrule (2).

(2) The Court may order that the person concerned, and in the case of a corporation, the corporation by an appropriate officer, shall:

(a) attend before the Court to be orally examined in relation to the description of the person concerned; and

(b) make discovery to the applicant of all documents which are or have been in the person's or its possession relating to the description of the person concerned.

(3) If the Court makes an order under subrule (2)(a), it may order that the person concerned or corporation against whom or which the order is made shall produce to the Court on the examination a document or thing in the person's or the corporation's possession relating to the description of the person concerned.

Rule 13.03 applies, with the necessary modification, where the applicant is a party to a proceeding and wishes to make in the proceeding against a person who is not a party a claim that the applicant could properly have made in the proceeding had the person been a party.

(a) there is reasonable cause to believe that the applicant has or may have the right to obtain relief in the Court from a person whose description the applicant has ascertained;

(b) after making all reasonable enquiries, the applicant has not sufficient information to enable the applicant to decide whether to commence a proceeding in the Court to obtain the relief; and

(c) there is reasonable cause to believe that the person has or is likely to have or has had or is likely to have had in the person's possession a document relating to the question whether the applicant has the right to obtain the relief and that inspection of the document by the applicant would assist the applicant to make the decision,

the Court may order that the person shall make discovery to the applicant of a document of the kind described in rule 13.02(c).

Rule 13.05 applies, with the necessary modification, where the applicant is a party to a proceeding and there is reasonable cause to believe that the applicant has or may have the right to obtain against a person who is not a party relief that the applicant could properly have claimed in the proceeding had the person been a party.

On the application of a party to a proceeding the Court may order that a person who is not a party and in respect of whom it appears that the person has or is likely to have or has had or is likely to have had in the person's possession a document that relates to a question in the proceeding shall make discovery to the applicant of such a document.

(1) An application under rule 13.03, 13.04, 13.05, 13.06 or 13.07 shall be made by application served on each party to the proceeding and served personally on the person against whom the order is sought.

(b) specifying or describing the documents or a class of documents in respect of which the order is sought.

(3) A copy of the supporting affidavit shall be served on each person on whom the application is served.

Rule 11.06 applies, with the necessary modification, to the inspection of the documents referred to in an affidavit of documents made and served in accordance with this Order as if the affidavit were an affidavit of documents as mentioned in rule 11.06.

(1) On an application under this Order the Court may make an order for the costs and expenses of the applicant, of the person against whom the order is made or sought and

of a party to the proceeding, including the costs of making and serving an affidavit of documents, or of producing a document for inspection in accordance with rule 13.09.

(2) The Court may make an order under this Order on condition that the applicant give security for the costs and expenses of the person against whom the order is made.

(b) if it is an original or is described as such, is an original document and was printed, written, signed or executed as it purports to have been; or

(1) A party may, by notice served on another party and filed in the office of the Court, admit the debt by notice in Form 14A.

(2) On filing of an admission of debt the Court may enter judgment against the defendant.

(3) On filing of an application for an instalment order in accordance with Form 14A the Court may make an order in the terms of the application or otherwise as the Court thinks fit.

(4) On filing of an agreed instalment order the Court may make an order in terms of the application.

(1) A party may, by notice served on another party and filed in the office of the Court, admit, in favour of the other party, for the purpose of the proceeding only, the facts specified in the notice.

(2) A party may, by leave of the Court, withdraw an admission made in accordance with subrule (1).

(1) A party may serve on another party a notice in accordance with Form 14B stating that unless the other party, within a time to be expressed in the notice (which shall be not less than 14 days after service), disputes the facts specified in the notice, the other party shall, for the purpose of the proceeding only, be taken to admit the facts.

(2) If a party served with a notice does not dispute a fact specified by serving, within the time allowed for the purpose, a notice in accordance with Form 14C that the party disputes the fact, the party shall, for the purpose of the proceeding only, be taken to admit the fact.

(3) A party may, by leave of the Court, withdraw an admission which is taken to have been made under subrule (2).

(1) A party may serve on another party a notice stating that unless the party, within a time to be expressed in the notice (which shall be not less than 14 days after service), disputes the authenticity of the documents mentioned in the notice, that party shall, for the purpose of the proceeding only, be taken to admit the authenticity of the documents.

(2) If a party served with a notice does not dispute the authenticity of a document mentioned by serving, within the time allowed for the purpose, notice that the party disputes its authenticity, the party shall, for the purpose of the proceeding only, be taken to admit its authenticity.

(3) A party may, by leave of the Court, withdraw an admission which is taken to have been under subrule (2).

(4) A notice under subrule (1) shall be in accordance with Form 14B, and a notice under subrule (2) shall be in accordance with Form 14C.

(a) under rule 14.04(2) disputing a fact, and afterwards the fact is proved in the proceeding; or

(b) under rule 14.05(2) disputing the authenticity, and afterwards the authenticity of the document is proved in the proceeding,

An admission made by a party under this Order is for the purpose of the particular proceeding only and shall not be used against the party as an admission in some other proceeding.

(1) Where a party makes admissions of fact in a proceeding, whether by the party's pleading or otherwise, the Court may, on the application of another party, give the judgment or make the order to which the applicant is entitled on those admissions.

(2) The powers of the Court under subrule (1) are not dependent on the determination of some other question in the proceeding.

claim includes a counterclaim and a claim made in accordance with Order 8.

defendant includes a defendant by counterclaim and a party against whom a claim is made in accordance with Order 8.

plaintiff includes a defendant who serves a counterclaim and a party who makes a claim in accordance with Order 8.

(1) A defendant may, at any time before judgment in a proceeding, serve on a plaintiff an offer of compromise of the plaintiff's claim on the terms specified in the offer.

(b) contain a statement to the effect that it is served in accordance with this Order.

(1) An offer of compromise shall be open to be accepted by the plaintiff at any time after service on the plaintiff.

(2) A plaintiff shall, within 3 days after service of an offer of compromise, serve a written acknowledgement of service on the defendant.

(3) A plaintiff may, at any time prior to judgment or withdrawal, accept an offer by serving notice of acceptance in writing on the defendant.

(4) An offer of compromise may be withdrawn by notice to the plaintiff at any time prior to acceptance.

(5) On the acceptance of an offer of compromise in accordance with subrule (3), unless the Court otherwise orders, or the parties otherwise agree, the defendant shall pay the costs of the plaintiff in respect of the claim to and including the day the offer was served and the plaintiff shall pay the defendant's costs from the date 7 days after the offer was served to the date of acceptance.

(6) If an offer of compromise contains a term that purports to negative or limit the operation of subrule (1) or (5), the offer shall be of no effect for any purpose under this Order.

An offer of compromise made in accordance with this Order shall be taken to be an offer of compromise made without prejudice unless the offer otherwise provides.

(1) No statement of the fact that an offer of compromise has been made shall be contained in a document filed in the Court.

(2) If an offer of compromise has not been accepted, no communication with respect to the offer shall be made to the Court on the trial of the proceeding until after all questions of liability and the relief to be granted have been determined.

(3) Subrules (1) and (2) shall not apply where an offer of compromise provides that the offer is not made without prejudice.

Either party may apply to the Court for an order in the proceedings in terms of an offer of compromise which has been accepted.

(1) This rule applies to an offer of compromise that has not been accepted at the time of the final order of the Court.

(2) If an offer of compromise is made by a defendant and not accepted by a plaintiff, and the plaintiff obtains a judgment on the claim to which the offer relates not more favourable to the plaintiff than the terms of the offer, then, unless the Court otherwise orders, the plain-tiff shall be entitled to an order against the defendant for the plaintiff's costs in respect of the claim to and including the day the offer was served taxed on a standard basis and the defendant shall be entitled to an order against the plaintiff for the defendant's costs in respect of the claim thereafter taxed on a standard basis.

(1) Where 2 or more defendants are joined in proceedings in respect of a claim for debt or damages and rights of contribution or indemnity appear to exist between them, one or more of the defendants may make an offer of compromise of:

(2) An offer of compromise under this rule must be served on the plaintiff and all other defendants.

(3) If such an offer is not accepted and the judgment is not less favourable to the defendant than the terms of the offer that the defendant made then, unless the Court otherwise orders, the defendant is entitled to an order against either the plaintiff or one or more of the other defendants as the Court shall determine for the defendant's costs in respect of the claim commencing 7 days after the day the offer was served, taxed on a standard basis.

(1) If in a proceeding a defendant makes a claim (in this rule called a contribution claim) to recover contribution or indemnity against a person, whether a defendant to the proceeding or not, in respect of a claim for a debt or damages made by the plaintiff in the proceeding, a party to the contribution claim may serve on any other party to the contribution claim an offer to contribute toward a compromise of the claim made by the plaintiff on the terms specified in the offer.

(2) The Court may take an offer to contribute into account in determining whether it should order that the party on whom the offer to contribute was served should pay the whole or part of:

(3) Rules 15.04 and 15.05 shall, with the necessary modification, apply to an offer to contribute as if it were an offer of compromise.

Where a plaintiff makes an offer of compromise in accordance with this order and the plaintiff obtains a judgment on the claim not less favourable then the defendant shall pay the plaintiff's costs commencing on the date of service of the offer on an indemnity basis unless the Court otherwise orders.

In considering the effect of an offer of compromise the Court shall not take into account interest that accrued on the claim the subject of the offer after the date of service of the offer.

Where a defendant pleads or otherwise raises a defence of tender before action, the sum of money alleged to have been tendered shall, unless the Court otherwise orders, be paid into court.

On paying money into court under rule 15.12 the defendant shall file a notice of deposit in accordance with Form 15A.

(1) Subject to subrule (2), a defendant may, with the leave of the Court, withdraw the whole or a part of money paid into court by the defendant under this Part.

(2) A defendant may not make a withdrawal of money after the money has been accepted by the plaintiff.

(3) A withdrawal under subrule (1) shall be made by filing a notice of withdrawal of deposit in accordance with Form 15B.

(4) On the filing of a notice of withdrawal of deposit under subrule (1) the defendant is entitled to receive payment of the money.

(1) On a plaintiff accepting money in satisfaction of a claim as against a defendant paying money into court, the proceeding is stayed in relation to:

(c) where the defendant, in paying the money into court, has taken into account a counterclaim referred to in rule 15.19(3) made by the defendant, the counterclaim as against the plaintiff.

(2) Where a defendant pays money into court in answer to a claim and the plaintiff accepts the money in satisfaction of the claim as against the defendant, the liability of another person (whether a party to the proceeding or not) jointly with the defendant in respect of the claim shall be satisfied in the amount of the money accepted but shall not be discharged by the acceptance, except to the extent of the satisfaction.

(1) Where a plaintiff accepts money in satisfaction of a claim, the money shall not be paid out except in the following cases by order of the Court:

(a) where the money is paid into court in answer to a claim to which the defendant properly raises a defence of tender before the commencement of the proceeding;

(2) On an application for an order under subrule (1) the Court shall, so far as practicable, deal with the costs of the proceeding.

Where money paid into court by a defendant is not accepted, the defendant is entitled to receive payment of the money.

(1) Subject to subrules (2) and (3), the fact that money has been paid into court shall not be:

(b) disclosed to the Court at the trial or hearing of a question of liability or the amount of debt or damages until all such questions have been decided.

(2) Subrule (1) does not apply where the money has been paid into court in answer to a claim to which the defendant pleads or otherwise properly raises a defence of tender before commencement of the proceeding.

(b) where the disclosure is necessary for the purpose of an application under this Part.

(1) Where, in pursuance of this Part, a plaintiff before a trial or hearing begins:

(b) discontinues the claim against all other defendants, if any, sued on the claim jointly with the defendant paying the money into court; and

then, after payment out, the plaintiff may, unless the Court otherwise orders, tax the plaintiff's costs of the proceeding in respect of the plaintiff's claims for relief against the defendant paying the money into court incurred before service of notice of the deposit of the money accepted.

(2) A party whose costs under this rule are not paid within 7 days after the signing of a certificate of taxation may enter judgment for the taxed costs.

(3) Where a defendant who has counterclaimed pays the money into court and in the notice of deposit states that the defendant takes into account the counter-claim with a view to its discontinuance in case the money is accepted and the money is accepted before the trial or hearing begins, the defendant may, unless the Court otherwise orders, tax the defendant's costs of the counter-claim incurred before service of notice of the acceptance.

(4) A defendant entitled under this rule to costs that are not paid within 7 days after the signing of a certificate of taxation may enter judgment against the party accepting the money for the taxed costs.

(5) Where a party has paid money into court, the Court may, in exercising its discretion as to costs, take into account that fact and the amount of money paid into court.

(6) Without limiting its discretion under subrule (5), the Court shall, in the exercise of its discretion, take into account the amount that an applicant recovers in respect of a claim in a proceeding as against the party paying money into court in respect of the claim.

Except where otherwise provided by an Act or by these Rules or unless the Court otherwise orders, the evidence of a witness:

(a) at the hearing of a claim shall be taken orally on oath or, subject to rule 16.02, by affidavit; and

Unless the Court otherwise orders, where an affidavit is to be used at the hearing of a claim:

(a) it shall be filed and a copy served on the other parties to the proceedings not less than 14 days before the date of the hearing;

(c) another party to the proceeding may serve notice within 7 days after service of the affidavit to the party intending to rely on the affidavit that he or she requires the attendance of the deponent at the hearing for cross-examination;

(d) the Court may make specific orders as to witnesses' costs where witnesses are required to attend in accordance with paragraph (c); and

(e) where a deponent in respect of whom an order is made under paragraph (b) or a notice is served under paragraph (c) does not attend for examination, the Court may order that the affidavit be not received in evidence.

An affidavit in accordance with Form 16A shall be admissible as evidence of the assessment or repair of a motor vehicle if the party relying on it has complied with rule 16.02.

(1) On the application of a party the Court may, in a proceeding, make an order for:

(b) the attendance of a person and production by the person of a document or thing specified or described in the order; or

(2) An order under subrule (1) shall not operate to require the person against whom the order is made to produce a document which the person could properly object to produce on the ground of privilege.

(1) If a document is produced to the Court from proper custody it may be read without further proof if it appears genuine and if no objection to its admission is made.

(2) If objection is taken to a document produced under subrule (1), the Court may adjourn the hearing for proof of the document and if the document is afterwards proved then, unless the Court otherwise orders, the party who made the objection shall pay the costs incurred by the objection.

(3) The Court may, on the hearing of a claim, if it considers it is proper to do so and there is no real dispute as to the contents or authenticity of the original document, admit as evidence a copy of the document without enquiring into the non-production of the original document.

16.07 Person about to leave territory may be ordered to be examined or to produce documents

(1) If the Court on the application of a party is satisfied by evidence on oath that a person is:

(a) able to give material evidence or to produce relevant or material documents or things relating to a pending claim; and

(b) likely to be absent from the Territory at the time the claim comes on for hearing -

(3) An order under subrule (1)(a) shall be served on the person named in the order personally.

(4) The person named in an order shall, at a reasonable time before the evidence is to be taken or documents are to be produced, be given a reasonable sum for expenses and rules 17.04 and 17.05 shall, with the necessary modification, apply to an order under this rule.

(1) In a proceeding the Court may by summons order that a person named in the summons attend at the hearing or at any stage of the proceeding for the purpose of giving evidence or of producing a document or thing or for both purposes.

(2) A summons shall be in accordance with Form 17A, 17B, 17C or 17D, whichever is appropriate.

(1) An order by summons for the attendance of a person in a proceeding shall be taken to be made on the filing of the summons by a party.

(2) On the filing of a summons, the Registrar, on the request of the party filing it, shall sign a sufficient number of copies for service and proof of service.

(3) A summons requiring the production of a document or thing may be addressed to one person only except in the case of partners where all the members of a firm may be addressed in the summons.

(a) is a natural person, shall be by personal service of a copy of the summons on the person named in accordance with rule 5.03; or

(b) is a corporation, shall be by service of a copy in accordance with rule 5.04(a) or, where provision is made by or under an Act for service of a document on a corporation, in accordance with the provision.

A person to whom a summons is addressed shall be excused from complying with the summons unless conduct money, sufficient to meet the person's reasonable expenses of complying, is given or tendered to the person at the time of service of the summons or at a reasonable time before the day for compliance.

(1) If a person who attends in answer to a summons, before being sworn, requests the Court to fix the amount to be paid to the person as a witness, the Court shall do so.

(2) No witness shall be compelled to give evidence until the amount of expenses fixed by the Court has been paid.

(1) A summons requiring production before the Court or an officer of the Court shall, unless the Court otherwise orders, permit the person to whom the summons is addressed, instead of producing the document or thing before the Court or officer of the Court, to produce it to the Registrar by hand or by post, in either case so that the Registrar receives it not later than 2 days before the day on which production is required by the summons to be made.

(2) This rule does not apply to so much of a summons as requires a person to attend for the purpose of giving evidence.

(2) Unless the Court otherwise orders, an affidavit shall state the deponent's place of residence and the deponent's occupation or, if the deponent has none, the deponent's description, and whether the deponent is a party to the proceeding or employed by a party.

(3) Notwithstanding subrule (2), where a deponent makes an affidavit in a professional or other occupational capacity, the affidavit may, instead of stating the deponent's place of residence, state the address of the deponent's place of business, the position of the deponent and the name of the deponent's firm or employer, if any.

(4) An affidavit shall be divided into paragraphs numbered consecutively, each paragraph being as far as possible confined to a distinct portion of the subject.

(5) An affidavit shall be signed by the deponent, except as provided by rule 18.02(1), and the jurat shall be completed and signed by the person before whom it is sworn.

(6) Each page of an affidavit shall be signed by the person before whom it is sworn.

(7) The first page of an affidavit shall be headed immediately beneath the title of the proceeding with the name of the deponent and the date of swearing.

(d) the name and a contact address or telephone number of the person before whom it was sworn, printed legibly beneath the person's signature.

(1) If it appears to the person before whom an affidavit is sworn that the deponent is illiterate, blind or physically incapacitated, he or she shall certify in or below the jurat that:

(2) If an affidavit is made by an illiterate, blind or physically incapacitated deponent and a certificate in accordance with subrule (1) does not appear on the affidavit, it may not be used in evidence unless the Court is satisfied that the affidavit was read to the deponent and that the deponent seemed to understand it.

(1) Except where otherwise provided by or under these Rules an affidavit shall be confined to facts that the deponent is able to state of his or her own knowledge.

(2) On an application in a proceeding an affidavit may contain a statement of fact based on information and belief if the grounds are set out in the affidavit.

If an affidavit is made by 2 or more deponents, the names of the persons making the affidavit shall be inserted in the jurat, except that, if the affidavit is sworn by both or all of the deponents at one time before the same person, it shall be sufficient to state that it was sworn by "each of the above-named" deponents.

Notwithstanding an interlineation, erasure or other alteration in the jurat or body, an affidavit may be filed, unless the Court otherwise orders but may not be

used without the leave of the Court unless the deponent and the person before whom it is sworn has initialled the alteration.

(1) A document referred to in an affidavit shall be annexed to the affidavit but where it is too large it may be referred to as an exhibit.

(2) An exhibit to an affidavit shall be identified by a separate certificate annexed to it bearing the same title as the affidavit and signed by the person before whom the affidavit is sworn.

Unless the Court otherwise orders, an affidavit may be used in a proceeding notwithstanding that it was sworn before the commencement of the proceeding.

(b) served or filed in compliance with an order in respect of its service or filing,

An affidavit sworn before the legal practitioner acting for the party on whose behalf it is to be used or before an employee of the legal practitioner may be used in evidence unless the Court otherwise orders.

(1) A party who intends at a hearing to adduce the evidence from a person in his or her capacity as an expert shall, not later than 28 days before the day fixed for the hearing, serve on every other party a statement from the expert in accordance with subrule (2).

(3) Except with the leave of the Court or by consent of the parties, a party shall not, except in cross-examination, adduce at the trial of a proceeding any evidence from a witness as an expert unless the party has served a statement under subrule (1).

A party may put in evidence a statement served on the deponent by another party in accordance with rule 19.01.

(a) a defendant may, in writing, request the plaintiff to submit to an appropriate examination by a medical expert at a specified time and place; and

(b) where a plaintiff refuses or neglects without reasonable cause to comply with a request under paragraph (a), the Court may, if the request was on reasonable terms, stay the proceeding.

(1) Unless the Court otherwise orders, the costs of and incidental to an examination referred to in rule 19.03 shall be costs in the proceeding.

(2) Without limiting subrule (1), the defendant shall, on request by the plaintiff whether before or after the plaintiff is examined, pay to the plaintiff a reasonable sum to meet the plaintiff's travelling and other expenses of and incidental to the examination.

A defendant for whom a plaintiff is examined under rule 19.03 shall, as soon as practicable after the examination, obtain from the medical expert a medical report and serve a copy on the plaintiff within 21 days unless the Court otherwise orders.

(1) Where a copy of a report or statement is served in accordance with rule 19.01 or 19.05 the report or statement is admissible as evidence of the expert's opinion and, where the expert's oral evidence of a fact on which the opinion was based would be admissible, as evidence of fact.

(2) Unless the Court otherwise orders, a party on whose behalf a copy of a report or statement is served shall cause the expert to attend at the trial of the proceeding to be cross-examined if notice that such attendance is required is served on the party by another party not later than 14 days after the service of the report or at the time the proceeding is set down for hearing, whichever is the later.

(3) Where an expert in respect of whom a notice is served under subrule (2) does not attend for cross-examination, the Court may order that the report or statement not be received into evidence.

(4) Where an expert's report is received into evidence in a proceeding and the expert does not attend for cross-examination a party shall not, without the leave of the Court on such terms as may be just, lead evidence to contradict the evidence of the expert.

This Order applies to an application in a proceeding or to commence a proceeding to the extent that another Order does not expressly apply.

Subject to rule 20.06, an application in a proceeding made on notice to a person shall be by application, unless the Court otherwise orders, and shall be supported by affidavit where the applicant wishes to lead evidence in support of the application.

(2) An application shall be filed and, on filing, an application shall be taken to have been made.

(3) On the filing of an application, or at a later time on the request of the applicant, the Registrar shall sign a sufficient number of copies of the application for service and proof of service.

(4) An affidavit in support of an application shall be filed before the hearing of the application.

(1) An applicant shall serve a copy of an application and a copy of an affidavit in support on every person to whom notice of the application is to be given.

(2) An application shall be served within a reasonable time before the day for hearing named in the application, and in no case later than 2 p.m on the day before the day for hearing or, where the office of the Court was closed on the day before the day for hearing, not later than 2 p.m. on the day the office was last open.

(1) On the hearing of an application the Court may order that a copy of the application, and any document in support, be served on a person appearing to the Court to have a sufficient interest in the determination of the application.

(2) The Court may adjourn the hearing of an application on such terms as it thinks fit.

(1) If a person to whom an application is addressed fails to attend, the Court may hear the application if satisfied that the application was duly served.

(2) If on an application the applicant fails to attend, the Court may dismiss the application or make such other order as it thinks fit.

(1) The Court may grant an injunction at any stage of a proceeding or, in the circumstances referred to in rule 4.08, before the commencement of a proceeding.

(2) Unless the Court grants special leave to apply ex parte, all applications for injunctions shall be on notice.

(3) No person may apply for an injunction unless the person proffers an undertaking to pay to a party adversely affected by the injunction or undertaking such compensation, if any, as the Court thinks just in such manner as the Court directs which for the purpose of any proceedings is defined as the usual undertaking as to damages.

(1) In a proceeding, the Court may make an order for the inspection, detention or preservation of property whether or not in the possession, custody or power of a party.

(a) to enter on land or do any thing for the purpose of obtaining access to the property;

(3) If the Court makes an order under subrule (1) the Court may make an order for the costs and expenses of a person who is not a party to the proceeding.

(4) The Court may make an order under this rule on condition that the person applying for the order gives security for the costs and expenses of a person, whether or not a party, who will be affected by the order.

(1) Where a defendant has filed a defence to the whole or part of a claim, a plaintiff may at any time apply to the Court for judgment against the defendant on the ground that the defendant has no defence to the whole or part of the claim or no defence except as to the amount of the claim.

(2) Except by order of the Court, a plaintiff shall make only one application for judgment under this Order.

(1) An application for judgment shall be made by application supported by an affidavit verifying the facts on which the claim or the part of the claim to which the application relates is based and stating that, in the belief of the deponent, there is no defence to the claim or part or no defence except as to the amount claimed.

(2) Where a statement in a document tends to establish a fact within subrule (1) and at the trial of the proceeding the document would be admissible by or under the Evidence Act or some other Act to verify the fact, the affidavit under subrule (1) may set out the statement.

(3) An affidavit under subrule (1) may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted.

(4) A plaintiff shall serve an application and a copy of an affidavit or affidavits in support and of an exhibit referred to in it on the defendant not later than 7 days before the day for hearing named in the application.

(1) A defendant may, by affidavit or otherwise to the satisfaction of the Court, show cause against an application.

(2) An affidavit under subrule (1) may contain a statement of fact based on information and belief if the grounds are set out.

(3) Unless the Court otherwise orders, a defendant shall serve a copy of an affidavit and of an exhibit referred to in the affidavit on a plaintiff not later than 3 days before the day for the hearing named in the application.

(b) give such judgment for the plaintiff against the defendant on the claim or the part of the claim to which the application relates as is appropriate having regard to the nature of the relief or remedy claimed, unless the defendant satisfies the Court that in respect of the claim or part a question ought to be tried or that there ought for some other reason to be a trial of the claim or part;

(c) give the defendant leave to defend with respect to the claim or the part of the claim to which the application relates either unconditionally or on terms in relation to giving security, paying money into court, time, the mode of trial or otherwise; or

(d) with the consent of all parties, dispose of the proceeding finally in a summary manner.

(2) The Court may stay the execution of a judgment given under subrule (1)(b) until after the trial of a counterclaim made by the defendant in the proceeding.

Order 23 Summary stay or dismissal of claim and striking out pleading
23.01 Stay or judgment in proceeding

the Court may stay the proceeding generally or in relation to a claim or give judgment in the proceeding generally or in relation to a claim.

the Court may give judgment in the proceeding generally or in relation to the claim.

(3) In this rule, a claim in a proceeding includes a claim by counterclaim and a claim by third party notice and a defence includes a defence to a counterclaim and a defence to a claim by third party notice.

the Court may order that the whole or part of the pleading be struck out or amended.

On application by a defendant who has filed a defence to a whole or part of a claim, the Court may, at any time, give judgment for the defendant against the plaintiff if the defendant has a good defence on the merits.

No proceeding is open to objection on the ground that only a declaratory order is sought in the proceeding, and the Court may make binding declarations of right whether or not a consequential relief is or could be claimed.

Order 24 Summary proceeding for recovery of possession of land
24.01 Application

(1) Subject to subrule (2), this Order applies where the plaintiff claims the recovery of land which is occupied solely by a person who entered into occupation or, having been a licensee, remained in occupation without the plaintiff's licence or consent or that of a predecessor in title of the plaintiff.

(2) This Order does not apply where the land is occupied by a mortgagor or successor in title and the claim is made by the mortgagee or successor in title.

(1) The plaintiff may make a claim in a proceeding in accordance with this Order.

(1) Each person in occupation of land whose name the plaintiff knows shall be a defendant.

(2) If a plaintiff does not know the name of a person in occupation, a proceeding may be commenced without naming a person as defendant.

(b) the circumstances in which the land has been occupied without licence or consent and in which the claim for recovery of the land arises; and

(1) An application and a copy of an affidavit and of an exhibit referred to in the affidavit shall be served on each defendant, if any, and on a person occupying the land who is not a defendant.

(3) Service on a person occupying land who is not a defendant shall be effected:

(i) affixing a copy of the application and a copy of the affidavit to some conspicuous part of the land; and

(ii) if practicable, leaving in a letter-box or other receptacle for mail on the land a copy of the application and a copy of the affidavit enclosed in a sealed envelope addressed to "The Occupiers"; or

The Court may order that a person occupying land who is not a defendant be made defendant or added as a defendant.

(1) Where 3 months have elapsed since the judgment for possession in a proceeding under this Order took effect, a warrant of possession to enforce the judgment shall not be issued without the leave of the Court.

(2) An application for leave under subrule (1) may be made without notice to any person, unless the Court otherwise orders.

(3) A warrant of possession to enforce a judgment for possession in a proceeding under this Order shall be in accordance with Form 24B.

(1) The Court shall fix a date for the holding of a prehearing conference on the filing of a notice of defence and shall give notice to the parties.

(2) The date fixed under subrule (1) shall be 28 days after a defence is filed or as soon as practicable thereafter.

(3) A further prehearing conference to set the matter down for hearing shall be held 60 days after a defence is filed or as soon as practicable thereafter.

(4) At any stage of a proceeding the Court may order a prehearing conference to be held (whether after application by a party or of the Court's own motion).

(1) If a prehearing conference is to be held (whether after application by a party or on the motion of the Court) all parties shall:

(b) be prepared to answer a question asked by the Court concerning the claim or its defence; and

(a) the plaintiff shall, as far as practicable, be in a position to indicate the precise extent, and all the particulars, of the claim; and

(b) the defendant shall, as far as practicable, be in a position to indicate the issues, if any, on which liability is denied and the grounds on which it is denied.

(d) in the case of failure by a defendant or other party against whom a claim is made, make an order against the person permitting the party making the claim to proceed as if a notice of defence had not been filed; or

(e) in the case of a failure by a legal practitioner acting for either party, adjourn the conference to a further date and require the attendance of that party in person, order that the legal practitioner is not entitled to claim costs against his or her client related to the default or make an order for a personal award of costs against the legal practitioner.

(a) give such directions as it thinks necessary for the expeditious determination of the proceedings; or

(iii) fix a date after which either party may apply for a formal determination of the proceeding,

or a combination of those things, and give leave, on such terms and conditions as it thinks fit, for a party to apply.

(3) For the purpose of, but without limiting the generality of, subrule (2)(a), directions given by the Court may relate to:

(d) the attendance of the parties to give evidence, whether or not on oath, at the prehearing conference or the hearing of a proceeding;

(j) dispensing with the requirement and delivery of pleadings, making of discovery, delivery of interrogatories and other matters of practice and procedure;

The proceedings of a prehearing conference shall be confidential and no answers given or admissions made at a prehearing conference shall be used or referred to at the hearing or be disclosed to the Court at the hearing without the consent of all parties.

No later than 2 days before the date fixed for the prehearing conference referred to in 25.01(3), each party shall file and serve on each other party a statement of case management in accordance with Form 25A.

The Court may give directions relating to the order of evidence and generally relating to the conduct of the hearing of a claim.

If, when the hearing of a proceeding is called on, a party is absent, the Court:

A magistrate may disqualify himself or herself from presiding at the hearing of a proceeding if the magistrate previously presided at the prehearing conference in the proceeding and is of the view that his or her earlier involvement in the matter may prejudice its outcome.

(a) a defendant objects that the venue from which process is issued is not the proper venue of the Court; and

(b) the Court is satisfied, having regard to the convenience of the parties, that the proceeding should be transferred,

(3) If a defendant objects that the venue from which process is issued is not the proper venue of the Court the defendant shall give notice of the objection to the plaintiff with the notice of defence unless the Court otherwise orders.

(4) Notwithstanding that a proceeding is commenced in a venue of the Court which is not the proper venue within subrule (1), the Court may proceed to hear and determine the proceeding at the venue at which the proceeding was commenced or at another venue, as the Court thinks fit.

(5) A proceeding is not void or in any other way affected by reason only that the proceeding was heard and determined at a venue of the Court other than the proper venue within subrule (1).

(6) Notwithstanding anything in these Rules, the Court may of its own motion order the transfer of a proceeding from venue to venue of the Court.

(1) Where the Supreme Court orders that a proceeding be heard in the Local Court, the file shall be transferred and the Local Court shall serve notice on all the parties that it has received the file and specify the date on which the order for transfer is made.

(2) If no statement of claim or particulars of claim has been filed in the other Court, the plaintiff shall file a concise statement of the particulars of the plaintiff's claim and shall serve a copy on all parties within 7 days after filing the statement.

(3) If by these Rules a time is prescribed for the doing of an act by reference to the date of filing notice of defence, the time for the doing of the act shall be determined by reference to the date on which the order for transfer was made.

(2) In this rule, defendant includes, where there are 2 or more defendants, any one of the defendants.

The Court may at any stage of a proceeding on the application of a party make such order as the case requires notwithstanding that the order was not sought in the statement of claim.

An order made by the Court shall, unless the Court otherwise orders, bear the date of and take effect on and from the day it is made.

(1) Subject to subrule (2), an order which requires a person to do an act shall provide, unless the Court otherwise orders, that the act be done within 14 days after service of an order or of a certified extract of the order from the court records.

(a) so much of an order as requires a person to pay money otherwise than into court; or

(1) An order in accordance with Form 28A may be drawn up by a party and verified by a Registrar if a party so desires.

(2) Except where a special form of order is prescribed by these Rules, a certified extract from the Court record of an order shall be sufficient for a purpose for which an order is required.

(1) A party may consent to an application for an order made by another party by:

(2) If all parties to a proceeding consent to the making of an order, a Registrar:

(a) may, without delay, make an order in terms of the consents of the parties; or

(b) if not satisfied that the order should be made, shall refer the matter to the Court.

(3) An order under subrule (2) takes effect from the date specified in the order or, if no date is specified, on the service of the order by the party filing the application on the other party or on all of the other parties.

(4) If some but not all parties to a proceeding consent to the making of an order, a Registrar:

(a) may, without delay, make an order in terms of the consents of the parties as against those parties; or

(b) if not satisfied that the order should be made, shall refer the matter to the Court.

(5) An order under subrule (4) takes effect from the date specified in the order or, if no date is specified, on the service of the order by the party filing the application on the other party or on all of the other parties consenting to the order.

An order of the Court in a claim referred to in rule 4.01(1) is conclusive evidence for abandoning the excess of a claim above the jurisdictional limit of the Court.

attachment of earnings order means an order under Part 5 or such an order as varied from time to time.

earnings, in relation to a judgment debtor, means amounts payable to the judgment debtor by way of:

(a) wages or salary, including fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or

(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and

(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or a diminution in the emoluments, of an office or employment,

but does not include a pension payable to the judgment debtor under the Social Security Act 1947 of the Commonwealth as amended from time to time, the Veteran's Entitlements Act 1986 of the Commonwealth as amended from time to time or the Seamen's War Pensions and Allowances Act 1940 of the Commonwealth as amended from time to time.

employer, in relation to a judgment debtor, means a person (including the Crown, a Minister of the Crown and a statutory authority representing the Crown) by whom, as a principal and not as a servant or agent, earnings are payable or are likely to become payable to the judgment debtor.

garnishee means a person from whom a judgment creditor claims that a debt is due or accruing to a judgment debtor.

judgment debt means the amount of money payable under an order and includes the costs of recovering the amount.

net earnings, in relation to a pay-day, means the amount of the earnings becoming payable by a particular employer on that pay-day after the deduction from the earnings of:

(a) a sum deducted from the earnings under Division 2 of Part 6 of the Income Tax Assessment Act 1936 of the Commonwealth as amended and in force for the time being; and

(i) under section 82H of that Act, other than life insurance premiums not being life insurance premiums payable in respect of superannuation; or

normal deduction, in relation to an attachment of earnings order and in relation to a pay-day, means an amount representing a payment at the normal deduction rate specified in the order in respect of the period between the pay-day and either the last preceding pay-day or, where there is no last preceding pay-day, the date on which the employer became, or last became, the judgment debtor's employer.

officer, in relation to a corporation, has the same meaning as in section 5 (1) of the Companies (Northern Territory) Code.

pay-day, means an occasion on which earnings to which the attachment of earnings order relates become payable.

protected earnings in relation to an attachment of earnings order and in relation to a pay-day, means the amount representing a payment at the protected earnings rate specified in the order in respect of the period between the pay-day and either the last preceding pay-day or, where there is no last preceding pay-day, the date on which the employer became, or last became, the judgment debtor's employer.

(2) For the purposes of the definition of garnishee in subrule (1), an amount standing to the credit of a judgment debtor in an account in a bank, building society, co-operative housing society or similar society, credit union, credit society or investment fund or corporation is a debt due or accruing to the judgment debtor, whether or not a demand or notice is required before money may be withdrawn.

(1) A warrant of execution shall not be issued unless the person requesting it to be issued produces to a Registrar a form of the warrant.

(2) Where the warrant is to enforce an order for the payment of money, the person requesting it to be issued must file an application in accordance with Form 29T for the issue of a warrant which shall state:

(iii) the amount, including interest accrued and costs due and payable in respect of the order at the date of request with particulars stating how the amount is calculated or made up;

(iv) the daily amount of interest, if any, that, subject to a future payment under the order, will accrue after the date of request in respect of the amount of the order and costs; and

(v) particulars of any amounts paid on account or recovered under a previous warrant or other proceeding.

(5) Any money received by a bailiff under a warrant of execution shall be paid without delay into the Court.

(6) Where a warrant is to be issued under rule 30.04, the person applying for its issue shall at the same time lodge with the Registrar a sum equal to the estimated cost of transporting the person arrested from the place the person was arrested to a Registrar for examination and returning the person to the place.

(7) Where the warrant is not executed, the amount lodged under subrule (6) shall be refunded to the party applying for the issue of the warrant.

(8) Where the actual cost of transport referred to in subrule (6) is greater than the amount lodged, the difference shall be paid to the Registrar by the person applying for the warrant before a further process may be issued to enforce the order of the Court.

(9) The amount mentioned in subrules (6) and (8) shall be added to the amount owing in the proceeding and shall be payable by the person arrested to the person applying for the warrant on the warrant being executed.

(1) A warrant shall be valid for the purpose of execution for one year after the day it is issued.

(2) Notwithstanding subrule (1), a Registrar may from time to time extend the period of the validity of a warrant for the purpose of execution for a period of not more than one year from the day on which it would otherwise expire and so on from time to time.

(3) An extension under subrule (2) shall not be made after the day of expiry of the warrant.

(4) The priority of a warrant in respect of which an extension under subrule (2) has been made shall be determined by reference to the date and time on which the warrant was originally delivered to the person to whom it is directed for execution.

The amount for which a warrant may be issued shall include the costs, fees and expenses incurred in respect of a prior warrant of execution on the same order, whether the prior warrant was or was not productive.

(1) If a claim is made to or in respect of property seized under a warrant, or in respect of the proceeds or value of the property, by a person other than the judgment debtor, a Registrar may, on the application of the person to whom the warrant is directed, issue an interpleader hearing notice directed to the judgment creditor and the person making the claim seeking relief by way of interpleader.

(2) The person to whom a warrant is directed may apply under subrule (1) whether or not proceedings have been brought against him or her in the Court or in some other court.

(3) A claimant under subrule (1) shall, within a reasonable time after the claimant has become aware or ought reasonably to have been aware of the execution of a warrant, give the person to whom the warrant is directed a notice in writing showing:

(5) A notice under subrule (1) may be served on the judgment creditor and the claimant by leaving a copy at the address for service or sending a copy by security post to the address.

If the claim to property the subject of a warrant of seizure and sale is decided against the claimant, the costs of the person to whom the warrant is directed in the interpleader shall be retained by the person to whom the warrant is directed out of the proceeds of the execution of the warrant unless:

(a) the party who procured the issue of the warrant requests the Court to order that the costs be paid by the claimant and the Court so orders; or

(1) If an order is made against 2 or more defendants jointly, the order may be enforced by warrant or otherwise against any of the defendants as if the order had been made against the defendant separately.

(2) If an order against 2 or more defendants jointly is satisfied by one of the defendants, no further steps may be taken to enforce it against another defendant.

An order made against a firm may be enforced against any or all of the persons who were members of the firm at the time the cause of action arose.

(1) If an order is made by the Court, a Registrar may on application by the judgment creditor issue a warrant of seizure and sale for the purpose of satisfying the judgment debt.

(2) A warrant of seizure and sale authorises the person to whom it is directed to seize and sell the personal property belonging to the judgment debtor with the exception of all personal property necessary for adequate living and continuation of work and, if the warrant so specifies, the land described in the warrant.

(3) Money or bank notes belonging to a judgment debtor may be seized under a warrant to seize property but need not be sold.

(4) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to a judgment debtor may be seized under a warrant of seizure and sale and held as security for a judgment debt or the unsatisfied part of a judgment debt and when the time of payment arrives the person to whom the warrant is directed may demand and receive payment of them and may sue in a proper court in the name of the judgment debtor or in the name of a person in whose name the judgment debtor might have sued for the recovery of the money secured or made payable by them.

(5) Subject to this Order and except where otherwise expressly provided by these Rules, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with the necessary modification, to the execution of a warrant of seizure and sale.

(1) If an order is made by the Court for delivery of goods or recovery of their assessed value, a Registrar may issue a warrant of delivery.

(2) If an order of the Court is for the assessed value of goods only, the order may be enforced by the same means as any other order for the payment of money.

(a) is a person to whom earnings are payable or are likely to become payable; and

the Court may order a person who appears to the Court to be the judgment debtor's employer in respect of the earnings or part of them to make payments out of the earnings or part payments in accordance with rule 29.20.

(2) Unless the Court otherwise orders, if an attachment of earnings order is in force, no warrant or other process of execution shall issue and no order shall be made for the enforcement of the order to which the attachment of earnings order relates.

If an application is made to the Court to enforce an order, the Court may, instead of making some other order, make an attachment of earnings order.

(2) An application under subrule (1) shall be in accordance with Form 29D and shall be supported by affidavit which may contain statements of fact based on information and belief if the grounds are set out.

(4) An application, a copy of the affidavit and a notice in accordance with Form 29F relating to the property and assets of the judgment debtor and the debts, liabilities and other financial obligations of the judgment debtor, shall be served on the judgment debtor not less than 14 days before the day for hearing named in the summons.

(1) On an application for an attachment of earnings order or to enable an application to be made, the Court may direct:

(a) the judgment debtor to attend for an oral examination at the time and place specified in the direction; or

(b) a person who appears to the Court to owe money to the judgment debtor or to be the employer of the judgment debtor to give to the Court a statement, signed by or on behalf of the person containing such particulars as are specified in the direction, of money owed by the person to the judgment debtor that became payable during a period specified in the direction.

(2) On an oral examination the Court shall examine a judgment debtor as to the following matters:

(d) the debts, liabilities and other financial obligations of the judgment debtor,

and may examine a judgment debtor in relation to any other matter related to the financial circumstances generally of the judgment debtor and the judgment debtor's means and ability to satisfy the judgment debt.

(3) A document purporting to be a statement referred to in subrule (1)(b) is admissible in evidence in proceedings for the enforcement of the order.

(4) The provisions of subrule (1)(a) are without prejudice to any other mode of enforcing the attendance of the judgment debtor before the Court.

(1) If an application is made to the Court for an attachment of earnings order and the Court is satisfied:

(b) that the judgment debtor has had a reasonable opportunity of attending the hearing;

the Court may make an attachment of earnings order in the absence of the judgment debtor.

(3) If the Court, in considering an application for an attachment of earnings order in the absence of the judgment debtor or his or her spouse:

(a) has before it sufficient evidence in the opinion of the Court on which to specify a protected earnings rate and a normal deduction rate, the Court shall specify the rates; or

(b) does not have such evidence before it, the Court may, without specifying the rates, make an order requiring the payment by the judgment debtor's employer to the judgment creditor of such amount as the Court thinks reasonable having regard to the circumstances of the judgment debtor so far as they are known to the Court.

(1) An attachment of earnings order shall specify either generally or in relation to a particular pay-day the normal deduction rate, that is to say, the rate that the Court considers reasonable for the earnings of the judgment debtor to be applied in satisfying the order to which the attachment of earnings order relates but not exceeding a rate that appears to the Court to be necessary for the purpose of securing payment:

(b) within a reasonable time of costs ordered by the Court to be paid by the judgment debtor.

(2) An attachment of earnings order may specify differing deduction rates to apply for a specified number of pay-days after the order comes into force and a lower normal deduction rate to apply to other pay-days.

(3) An attachment of earnings order shall also specify the protected earnings rate, that is, the rate below which, having regard to the resources and needs of the judgment debtor and of some other person for whom the judgment debtor provides or reasonably may provide, the Court considers it unreasonable for the earnings to which the order relates to be reduced by a payment under the order, except an order under rule 29.17(3)(b).

(4) An attachment of earnings order shall specify an amount in respect of the clerical and administrative costs of making payments under the order which an employer is entitled to deduct in respect of each payment from the earnings of the judgment debtor in addition to any other amount.

(a) received from the judgment debtor a completed form pursuant to the notice in accordance with Form 29F given under rule 29.15(4); or

the Court shall not under subrule (3) specify as the protected earnings rate a rate that is less than 80% of the net earnings of the judgment debtor.

(1) An attachment of earnings order shall be served on a judgment debtor and on the person to whom the order is directed.

(2) There shall also be served on a person to whom an attachment of earnings order is directed:

(a) a notice informing the person of the effect of the order and of the person's obligation under this Part; and

(3) A notice under subrule (2)(a) shall be in accordance with Form 29L and a notice under subrule 2(b) shall be in accordance with Form 29N.

(4) The order shall not come into force until the end of 7 days after the day on which the order is served on the person to whom the order is directed.

(1) An employer to whom an attachment of earnings order is directed shall, in respect of each pay-day whilst the order is in force, if the net earnings of the judgment debtor exceed the sum of:

(b) so much of an amount by which the net earnings that became payable on a previous pay-day were less than the protected earnings in relation to that pay-day as has not been made good on any other previous pay-day,

pay, so far as the excess permits, to the person specified in the order the normal deduction in relation to that pay-day and so much of the normal deduction in relation to a previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.

(2) A payment made by an employer under subrule (1) is a valid discharge to the employer as against the judgment debtor to the extent of the amount paid.

(1) If an attachment of earnings order is in force the Court may, on the application of the judgment creditor or the judgment debtor, discharge, suspend or vary the order.

(2) An order suspending or varying an attachment of earnings order shall be served on the respondent to the application and the person to whom the attachment of earnings order is directed.

(3) An order suspending or varying an attachment of earnings order does not come into force until the end of 7 days after the day on which the order is served on the person to whom it is directed.

(b) unless the Court otherwise orders, on the making of another order for the recovery of the money owing under the order in relation to which the attachment of earnings order was made.

(1A) If an employer wilfully fails to comply with a binding order under rule 29.13, the judgment creditor may apply to the Court to have the order enforced against the employer by means of this Order.

(2) If an attachment of earnings order ceases to have effect, a Registrar shall promptly give notice in accordance with Form 29M to the person to whom the order was directed.

(3) If an attachment of earnings order ceases to have effect, the person to whom the order is directed does not incur a liability in consequence of treating the order as still in force at any time before the end of 7 days after the day on which the notice required by subrule (2) or a copy of the order discharging the attachment of earnings order is served on the person.

(1) If earnings become payable to a judgment debtor and there are in force 2 or more attachment of earnings orders, whether made under this Act or otherwise, in relation to the earnings, the person to whom the orders are directed shall comply with:

(a) the orders according to the respective dates on which they took effect and shall disregard an order until the earlier order had been complied with; and

(b) an order as if the earnings to which the order relates were the residue of the earnings of the judgment debtor after the making of a payment under an earlier order.

(2) For the purpose of this rule, an attachment of earnings order which has been varied under rule 29.22 is to be taken to have been made as so varied on the day on which the attachment of earnings order was made.

(1) A person who makes a payment in compliance with an attachment of earnings order shall give to the judgment debtor a notice specifying the particulars of the payment.

(2) If a person served with an attachment of earnings order directed to the person is not the employer of the judgment debtor at the time of service of the order, the person shall, promptly after service of the order, give notice in writing accordingly to a Registrar.

(3) If a person served with an attachment of earnings order directed to the person is the employer of the judgment debtor at the time of service of the order but ceases to be the judgment debtor's employer at any time thereafter, the person shall, promptly after ceasing to be the judgment debtor's employer, give notice in writing accordingly to a Registrar.

(1) The Court shall, on the application of the person to whom an attachment of earnings order is directed, determine whether payments to the judgment debtor of a particular class or description specified in the application are earnings for the purpose of the order.

(2) A person to whom an attachment of earnings order is directed who makes an application under subrule (1) does not incur a liability for failing to comply with the order with respect to a payment of the class or description specified in the application that is made by the

person to the judgment debtor while the application, or an appeal from an order made on the application, is pending.

(3) Subrule (2) does not apply in respect of a payment made before an application is withdrawn or an appeal from an order made on the application is abandoned.

An order or document that under this Part is required or permitted to be served on a person shall be served personally on the person.

(a) is due or accruing to the judgment debtor from the garnishee on the day an order for the filing and service of a garnishee summons is made; or

(b) becomes due or accrues to the judgment debtor from the garnishee between the day an order for the filing and service of a garnishee summons is made and the day for hearing marked in the summons.

(1) If an order is made by the Court, a Registrar may, on the application of a judgment creditor, issue a summons calling on the judgment debtor (or, if the judgment debtor is a corporation, an officer of the corporation) to appear at a sitting of the Court nearest or most convenient to the judgment debtor's or the officer's place of residence or business at the time specified in the summons to be orally examined by a Registrar as to the matters specified in rule 29.16(2).

(2) A Registrar may issue a summons calling on other persons to appear to give evidence or to produce documents or to give evidence and to produce documents.

(4) At an examination a Registrar may make an order as to the costs of application, summons and examination in accordance with the scale of costs in Schedule 1.

(5) At an examination under this rule, unless both parties consent, no persons other than the judgment creditor and the judgment debtor and their counsel or legal practitioners may be present.

(1) An application for a summons under rule 29.28 shall be by affidavit which shows that:

(ii) will or is likely to become due or accrue to the judgment debtor from the garnishee.

(2) Where an application is made for an order under rule 29.28 in respect of a debt within subrule (1)(b)(ii), the affidavit shall give particulars identifying the transaction between the judgment debtor and the garnishee under which the debt will or is likely to become due or accrue and state the date or likely date it will become due or accrue.

(3) An affidavit under this rule may contain statements of fact based on information and belief if the grounds are set out.

(1) If an order is made by the Court, a Registrar may, on the application of the judgment creditor, order that all debts (other than earnings within the meaning of this Order) due or accruing from a garnishee to the judgment debtor shall be attached to answer the original order.

(2) A judgment debtor may apply for an order under subrule (1) without notice to any person and either before or after the examination of the judgment debtor under rule 29.28.

(3) On application for an order for the attachment of a debt the Court may direct the garnishee to attend before the Court and if such an order is made the Registrar shall issue a summons in accordance with Form 29P.

(4) An order shall not be made under subrule (1) unless it is shown by affidavit:

(a) that the original order is unsatisfied, either wholly or to a stated extent; and

(5) A Registrar may refuse to make an order under subrule (1) if the Registrar is of the opinion that the remedy being sought is worthless or vexatious on account of the smallness of the amount to be recovered or of the debt sought to be attached or otherwise.

(6) The judgment creditor may appeal to a magistrate against the refusal of the Registrar to make an order under subrule (1).

(7) An order made under subrule (1) shall be served personally on the garnishee within 7 days after the making of the order and the order binds the debts to which it applies at the end of the period of 14 days after it has been served on the garnishee unless within the period the garnishee applies to the Court to have the order set aside.

(8) An order under subrule (1) shall be in accordance with Form 29Q or 29R, whichever is appropriate.

If on the hearing of an application in which the garnishee disputes liability to pay the debt attached, the Court may determine the question of liability or give directions for its determination.

If a garnishee fails to comply with a binding order under rule 29.30 the judgment creditor may apply to the Court to have the order enforced against the garnishee by means of this Order.

If on the hearing of an application for an attachment of debts order it appears to the Court that a person other than the judgment debtor may be entitled to the debt sought to be attached or to a charge or lien on it, the Court may order the person to appear and then determine the entitlement or give directions for its determination.

A payment made by a garnishee in compliance with, and execution levied against a garnishee under, an attachment of debts order is a valid discharge of the garnishee's liability to the judgment debtor to the extent of the amount paid or levied even if subsequently the garnishee proceedings are set aside or the order from which they arose is reversed or varied.

(1) On the execution of a warrant of possession a bailiff need not remove any goods found on land.

In this Order, examination summons means a summons issued under section 26(1) of the Act.

(1) An application for the issue of an examination summons shall be in accordance with Form 30A.

(3) Where the judgment debtor is a corporation the summons may require an officer of the corporation to attend to be orally examined.

(5) The judgment creditor shall serve a copy of the examination summons on the judgment debtor not later than 14 days before the examination date.

(1) An examination under an examination summons need not be conducted in open court.

(3) Where the Court conducts the examination, the Court need not, confine itself to the matters listed in Form 29F.

(4) After an examination has been conducted the Court may make an order for instalments.

(1) If, at the time set down (whether originally or on adjournment) for the examination of a judgment debtor before the Court:

(b) the Court has no information which satisfies it that the judgment debt has been paid; and

(c) there is due proof of service of the examination summons on the judgment debtor (or, if the examination has been adjourned, of service on the judgment debtor of notice of the time and place fixed for the examination),

(d) authorise the issue of a warrant, in accordance with Form 30C, for the arrest of the judgment debtor after 14 days from the date of the original examination summons; or

(e) adjourn the examination proceedings and order that the judgment debtor attend before the Court at a time and on a date, 14 days or more from the date originally set down, specified in the order.

(2) The Court shall forthwith cause to be served on the judgment debtor a notice informing him or her of any action taken by it under this rule.

(1) A judgment creditor who wishes to examine a judgment debtor may apply to the Registrar for a request for financial information in accordance with Form 30D.

(2) The Registrar may issue a request for financial information in accordance with Form 30E to the judgment creditor.

(3) A request for financial information shall be served by the judgment creditor by prepaid post to the last known address of the judgment debtor and shall be deemed to have been served 7 days after the date of posting.

(4) The judgment debtor shall, within 28 days after its receipt, complete and return the relevant part of the request for financial information being Form 30F to the issuing Registrar, and the fact that it has not been received by the Registrar shall not prevent the issue of other process.

In this Order, instalment order means an order made under section 27(1) of the Act.

(1) An application for an instalment order shall be in accordance with Form 31A.

(2) An application for the variation or cancellation of an instalment order shall be in accordance with Form 31B.

(3) Where an application is made by a judgment debtor, the judgment debtor shall:

(i) a natural person, file an affidavit of his or her financial situation which gives the information required by Form 29F; or

(b) serve a copy of the affidavit on the judgment creditor at the time of service of the application.

(4) Where an application is made by a judgment creditor the judgment creditor shall file an affidavit stating the facts on which the application is based and serve a copy of the affidavit on the judgment debtor.

(1) A Registrar shall without delay consider and determine an application under rule 31.02 and may:

(a) order that the judgment debt be paid in the instalments and at the times specified in the application;

(b) order that an instalment order be varied or cancelled in the manner specified in the application; or

(3) A notice of order or refusal shall be in accordance with Form 31D and shall be given to the parties.

(b) a judgment creditor files a notice of objection in accordance with Form 31E within 14 days after service of a notice in accordance with Form 31D on the judgment creditor,

the Registrar shall set down the judgment debtor's application or judgment creditor's objection for hearing and give notice in accordance with Form 31F to the parties.

(1) A judgment debtor and a judgment creditor may enter into an agreement for the payment of a judgment debt by instalments (instalment agreement) whether or not an instalment order has been made.

(2) An instalment agreement shall be in accordance with Form 31G and shall be filed with a Registrar within 7 days after its execution by the judgment creditor.

(3) Each party shall execute the agreement in the presence of a witness (other than the other party) who shall by his or her signature attest the execution.

(4) Where an instalment agreement is filed, the Registrar shall promptly order that the judgment debt be paid as specified in the agreement.

(5) An order for the payment of a judgment debt by instalments pursuant to an instalment agreement shall be in accordance with Form 31H.

Where under this rule the Court is required to cause a judgment debtor or judgment creditor to be notified of a matter, the notification may be effected by a proper officer of the Court causing notice in writing of the matter to be:

(b) sent by pre-paid post addressed to the judgment debtor or to the judgment creditor at the address for service or the usual or last known place of residence or of business of the judgment debtor or of the judgment creditor.

(2) Not later than 14 days before the day specified in an application, a copy of the application shall be served personally on the other party or parties unless the Court otherwise orders.

(3) If an application is struck out because the applicant failed to appear at the time fixed for hearing of the application, a further application for re-hearing is taken to be an application for leave to re-apply under section 20(5) of the Act.

If the Court sets aside an order the claim shall be re-heard on a date fixed by the Court.

defence includes defence to counterclaim and defence to statement of third party claim.

(b) a plaintiff is a corporation or (not being a plaintiff who sues in a representative capacity) sues, not for the plaintiff's own benefit, but for the benefit of some other person, and there is reason to believe that the plaintiff has insufficient assets in the Territory to pay the costs of the defendant if ordered to do so;

(d) subject to subrule (2), the address of the plaintiff is not stated or is not stated correctly in the plaintiff's originating process;

(e) the plaintiff has changed his or her address after the commencement of the proceeding in order to avoid the consequences of the proceeding; or

(f) under an Act or the Companies Code the Court may require security for costs,

the Court may, on the application of a defendant, order that the plaintiff give security for the costs of the defendant of the proceeding and that the proceeding as against the defendant be stayed until the security is given.

(2) The Court shall not require a plaintiff to give security by reason only of subrule (1)(d) if in failing to state his or her address or to state his or her correct address the plaintiff acted innocently and without intention to deceive.

Where an order is made requiring the plaintiff to give security for costs, security shall be given in the manner and at the time the Court directs.

Where a plaintiff fails to give the security required by an order, the Court may dismiss the plaintiff's claim.

The Court may set aside or vary an order requiring a plaintiff to give security for costs.

If the Court makes an order requiring a plaintiff to pay money into court as security for costs, it is sufficient compliance, subject to rule 33.07, if the plaintiff files an irrevocable guarantee given by a bank to pay that sum.

(b) sealed by the bank or signed by an officer of the bank who has written authority from the bank to sign such a guarantee on behalf of the bank; and

(1) A bank guarantee which is filed pursuant to an order under rule 33.06 may not be amended or revoked without the leave of the Court.

(2) Unless the Court otherwise orders, a bank which has given a guarantee may discharge its liability under the guarantee only by:

(b) filing a notice of discharge and payment into court in accordance with Form 33B.

(1) If an infant wishes to file a statement of claim and section 14(6) of the Act does not apply, the infant may appoint a litigation guardian for the purpose and shall give notice to the Registrar to that effect in accordance with Form 34A.

(2) A litigation guardian shall be appointed by notice in writing which shall be filed in the Court at the same time as a statement of claim is filed.

(3) A litigation guardian under this rule shall be liable for costs in the same manner and to the same extent as if he or she were the plaintiff.

(4) A statement of claim filed by a litigation guardian shall state that the proceeding is taken by the litigation guardian on behalf of the infant.

(1) In this Order, person with a disability means a person who is incapable (by reason of age, injury, disease, or physical or mental infirmity) of managing his or her affairs in relation to a proceeding.

(2) If a person is authorised by or under an Act to conduct legal proceedings in the name of or on behalf of a person with a disability, the person shall, unless the Court otherwise orders, be entitled to be litigation guardian of the person with a disability in a proceeding to which the person's authority extends.

(3) Subject to an Act, if there is no person authorised to conduct legal proceedings in the name of or on behalf of a person with a disability the Court may appoint a litigation guardian and rules 34.01(2) to (4) apply to the appointment.

(1) In this rule, defendant includes a party against whom relief is claimed in a proceeding.

(2) If an infant or person with a disability is a defendant, rules 34.01 and 34.02 apply with the necessary modification except that a litigation guardian for a defendant is not, unless the Court otherwise orders, responsible for costs.

A litigation guardian under this Order may take a step or do an act in a proceeding that is required or permitted to be done by a party.

(1) If in a proceeding a claim is made by or on behalf of or against an infant or a person with a disability, no compromise, payment of money or acceptance of an offer of compromise under Order 15, whenever entered into or made, shall, so far as it relates to the claim, be valid without the approval of the Court.

(2) Application for approval shall be made by application under Order 20 filed not later than 28 days after the compromise, payment or acceptance.

(3) If application for approval is made at the hearing of a proceeding, the Court may dispense with the requirement of subrule (2).

(4) On the application, evidence shall be given of the date of the compromise, payment or acceptance, the date of birth of the infant or person with a disability and the signature of the litigation guardian, and the dates shall be stated in an order approving the compromise, payment or acceptance.

(5) Where the acceptance of an offer of compromise is approved, the infant or person with a disability shall be taken to have made or accepted the offer at the time of the approval.

(1) All money or damages received by or awarded to an infant or person with a disability by settlement or compromise shall, unless the Court otherwise orders, be paid into court without delay after approval by the Court of the compromise, payment or acceptance.

(2) Money held in court on behalf of an infant or a person with a disability may be paid out of court from time to time to a person by order of the Court.

This Order applies to an appeal where under an Act a person may appeal to the Local Court but does not apply to an appeal under the Tenancy Act to which Part 2 of this Order applies.

respondent means the decision-maker in relation to whose decision an appeal is made.

(1) Except as provided by an Act, an appeal shall be commenced by filing, not later than 28 days after a decision is made, a notice of appeal at the proper venue of the Court.

(3) As soon as practicable after filing a notice of appeal the appellant shall serve a copy on the respondent.

At the time of filing a notice of appeal a Registrar shall fix a hearing date, insert it in the notice of appeal and return sufficient copies to the appellant.

A party to an appeal may appear in person or by an agent authorised in writing by the party.

(1) The Court may give such directions as to the hearing of an appeal as it thinks fit.

(2) If the person to whom an appeal is addressed fails to attend, the Court may hear the appeal if it is satisfied that the notice was duly served.

(3) If an appellant fails to attend, the Court may dismiss the appeal or make such other orders as it thinks fit.

In this Part, unless the contrary intention appears, words and expressions have the same meaning as in the Tenancy Act.

An appeal shall be commenced by filing a notice of appeal in accordance with Form 35B in the office of the Court at a proper venue of the Court.

(a) fix a hearing date, insert it in the notice of appeal and return a copy to the appellant; and

A party to an appeal may appear in person or by an agent authorised in writing by the party.

(2) If the Commissioner, or person to whom an appeal is addressed, fails to attend, the Court may, if satisfied that the notice was duly served, hear the appeal.

(3) If an appellant fails to attend, the Court may dismiss the appeal or make such other orders as it thinks fit.

Part 3 Applications under Tenancy Act
35.14 Application by lessor for warrant of possession after notice to quit

An application by a lessor for a warrant of possession under section 48 of the Tenancy Act shall be in accordance with Form 35C.

An application by a lessor of a dwelling house for an order terminating a lease and giving immediate possession under section 51 of the Tenancy Act shall be in accordance with Form 35D and shall not be addressed to a person.

An application by a lessee of a dwelling house for an order terminating a lease under section 51A(1) of the Tenancy Act shall be in accordance with Form 35E.

An application by a lessor of a dwelling house for a warrant of possession to enforce an order requiring the lessee to give up possession under section 51A(3) of the Tenancy Act shall be in accordance with Form 35C.

(a) fix a hearing date, insert it in the application and return a copy to the applicant; and

(b) serve a copy of the notice on all other persons directly affected by the application.

(2) If the person to whom an application is addressed a fails to attend, the Court may, if satisfied that notice of it was duly served, hear the application.

(3) If an applicant fails to attend, the Court may dismiss the application or make such other orders as it thinks fit.

An appeal to the Tenancy Tribunal (within the meaning of the Tenancy Act) made before 1 January 1991 which by that date had not been finally determined shall, on and after that date, be deemed to be an appeal to the Court in accordance with these Rules, unless the Court otherwise orders, and it shall be heard and determined by the Court in accordance with these Rules and the relevant practice directions, if any.

An order of the Tenancy Tribunal made before 1 January 1991 shall be deemed to be an order of the Court and, unless the Court otherwise orders, may be enforced in accordance with these Rules.

(1) Where judgment in a proceeding has been given by the Court before the commencement of these Rules, or before the commencement a proceeding had reached a stage where taxation of costs could and would be expected to proceed, a taxation of costs in the proceeding shall be in accordance with the rules then applying as if these Rules had never commenced.

(2) Except as provided by subrule (1) or as ordered by the Court, costs in a proceeding before the Court shall be in accordance with these Rules, whether these costs were incurred before or after the commencement of these Rules.

(1) Subject to these Rules and to any other law in force in the Territory, unless the Court otherwise orders, the costs of a proceeding or an application in a proceeding shall follow the event.

(2) The Court may make an order for costs in relation to a particular question in, or a particular part of, a proceeding.

(3) The Court may exercise its power and discretion as to costs at any stage of a proceeding.

(4) Such costs may be awarded at any time after the conclusion of the proceedings.

(5) Notwithstanding subrule (4), if it appears to the Court when making an interlocutory order for costs or at a later time that all or a part of the costs ought to be awarded at an earlier stage, it may order accordingly.

Where a judgment is entered together with costs under rule 10.03 in respect of a claim under rule 10.02(a), unless the Court otherwise orders, the costs shall not be taxed but shall be in accordance with the appropriate item in the scale in Part 2 of Schedule 1.

(2) Where an application is made under Order 22 or 23 and the application is dismissed, the party who made the application shall pay the costs of every other party to the application.

(3) Where a party applies for an extension or abridgment of a time fixed by these Rules or by an order fixing, extending or abridging time, he or she shall pay the costs of and occasioned by the application.

(4) A party who discontinues or withdraws in accordance with rule 4.09 shall pay the costs of the party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal.

(5) A party who amends a pleading or other document shall pay the costs of and occasioned by the amendment and the costs thrown away because of the amendment.

(6) The costs of and occasioned by an adjournment made necessary by the default of a party shall be borne by the party.

An order of the Court for the payment of a fixed sum for costs may be enforced in the same manner as a judgment for the payment of money.

(1) Where, by order of the Court, any costs are reserved, the Court may subsequently direct by and to whom the costs are to be paid.

(2) Where the Court makes no direction under subrule (1), a party may, within 21 days after the conclusion of the proceeding, apply to the Court for a direction as to the payment of costs reserved.

(1) This Part applies to costs in a proceeding which by or under an Act, these Rules or an order of the Court are to be paid to a party to the proceeding either by another party or legal practitioner or out of a fund.

(2) Subject to this Part, costs in a proceeding which are to be awarded shall be awarded on:

36.09 Costs payable to legal practitioner where money claimed by or on behalf of person with disability

(a) is claimed or recovered by or on behalf of, or adjudged, ordered, or agreed to be paid to or for the benefit of, a person with a disability; or

(2) The costs of a proceeding to which this rule applies which are payable by a plaintiff to his or her legal practitioner shall, unless the Court otherwise orders, be awarded pursuant to the Schedule hereto.

(4) This rule also applies to and in relation to a counterclaim by or on behalf of a person with a disability as if for a reference to a plaintiff there were substituted a reference to a defendant.

(1) Subject to these Rules, the scales of costs contained in Schedule 1 apply in relation to the award of all costs for work done after the commencement of this Order.

(2) There shall be allowed to a witness attending at Court to give evidence such fees as are reasonable having regard to the occupation of the witness and those fees shall include -

(a) the actual expense reasonably incurred by the witness for travel to and from the place of trial or hearing;

(b) the actual expense reasonably incurred by the witness for accommodation and sustenance;

(d) any other necessary expense reasonably incurred by the witness because of the attendance.

attendance at trial is actual attendance at trial and includes all work reasonably done in and in relation to attending at the trial or hearing of a proceeding and to receive reserved judgment.

conference includes all work reasonably done in and in relation to the appointment of a conference with, or consultation with or between, counsel and attending to appoint, and attending at that conference or consultation.

indemnity basis, in relation to the award of costs, means all costs shall be allowed except to the extent that they are of an unreasonable amount or have been unreasonably incurred.

interlocutory applications comprises all work reasonably done in and in relation to an application in a proceeding for:

(a) the enforcement of an order for particulars, discovery, inspection or interrogatories; or

(d) all attendances in court or elsewhere at the hearing of the application; and

party includes a person, not a party to the proceeding, by or to whom costs in respect of a proceeding are payable by or under an Act, these Rules or an order of the Court, but does not include a legal practitioner.

preparation includes the doing of all reasonable work, other than that referred to in the definition of originating process, which was reasonably done arising out of or incidental to a proceeding, including work done in respect of:

(a) the client, including taking instructions to sue, defend, counterclaim, or appeal and attending on and corresponding with the client and taking and preparing proofs of evidence;

(b) witnesses, including interviewing and corresponding with witnesses and potential witnesses, taking and preparing proof of evidence and, where appropriate, arranging attendance at court, including the issuing of a summons;

(c) expert evidence, including obtaining and considering reports or advice from experts and plans, photographs and models and, where appropriate, arranging their attendance at court, including the issuing of a summons;

(d) inspections, including inspecting a property or place material to the proceeding;

(e) searches and enquiries, including making searches at offices or public records and elsewhere for relevant documents and similar matter;

(f) special damages, including obtaining details of special damages and making or obtaining relevant calculations;

(g) other parties, including attending on and corresponding with other parties or their solicitors;

(h) documents, including consideration of instructions to and advice from counsel, any law involved and any other relevant documents, including collating and service;

(j) negotiations, including work done in connection with negotiations with a view to settlement;

(k) agencies, including correspondence and attendances on agents and work done by them;

(n) notices, including preparation, consider-ation and service of miscellaneous notices, including notices to witnesses to attend court.

standard basis, in relation to the award of costs, means a reasonable amount in respect of all costs reasonably incurred.

Taxing Officer means an officer of the Court who, in accordance with the Rules, is taxing a bill of costs.

trustee includes an executor of a will and an administrator of the estate of a deceased person.

(2) In this Order, unless the contrary intention appears, a reference to a fund:

(a) being a fund out of which costs are to be paid, or being a fund held by a trustee, includes a reference to property held for the benefit of a person or class of persons (including the assets of a company in liquidation) or held on trust for any purpose; and

(b) held by a trustee includes a reference to other property to which the trustee is entitled as trustee, whether alone or together with another person and whether or not the property is for the time being in the possession of the trustee.

(1) Where a successful party submits to the Court that the lump sum for preparation or the scale fees are not sufficient to cover the work actually and reasonably performed by his or her legal practitioner the Court may order the matter be referred to taxation.

(2) A party who obtains such an order must file with the Court a Bill of Costs in taxable form within 28 days of the final costs order.

(3) If the Bill of Costs referred to in subrule (2) is not filed within 28 days no extension of time for filing will be allowed and the party will not be entitled to taxation.

(4) If, at the taxation of costs, the taxation fails to result in the allowance of a sum of not less than 10% more than the scale figure for preparation, the party applying will not be awarded more than the scale and will have to pay the costs of taxation.

(1) The rules of taxation under the Supreme Court Rules apply to this Order unless the contrary intention is expressed.

(2) The following percentages of the Supreme Court scale shall be used to guide taxation – where the subject matter is

Adjustments to the rate per unit contained in Part 2 of Schedule 1 shall be made in accordance with adjustments made to the Supreme Court Rules.

Where a request for an award of costs includes a charge for work done by a legal practitioner practising in a place out of the Territory:

(b) so far as practicable, the charge shall, if allowed, be allowed in an amount appropriate to the place where the legal practitioner practises.

(a) a person (other than the party chargeable with an award of costs) who has paid, or is liable to pay, the amount either to the legal practitioner or to the party chargeable with the award;

(b) the executor, administrator or assignee of a person referred to in paragraph (a);

(d) a person interested in any property out of which a trustee, executor or administrator who has become chargeable with an award of costs of a legal practitioner who has paid, or is entitled to pay, the bill.

(2) Rules 36.11 to 36.14 (inclusive) apply to a person to whom this rule applies.

(3) If on an application by a person referred to in subrule (1)(d) the Court orders an award of costs it may order that such payments in respect of the amount found to be due be made to or by:

(4) In considering an application referred to in subrule (3) the Court shall have regard to the extent and nature of the interest of the applicant.

(5) If an applicant referred to in subrule (3) pays any money to the legal practitioner, the applicant has the same right to be paid the money by the trustee, executor or administrator chargeable with the bill as the legal practitioner has.

(6) If the Court on an application by a person to whom this rule applies orders an award of costs, it may order the legal practitioner to deliver to the applicant a notice of the award on payment of the costs of the notice.

(1) The prescribed fee for the taxing of a bill of costs by the taxing officer is 7.5% of the amount allowed in relation to the bill.

(2) The taxing officer shall, immediately after he or she has taxed the bill of costs, specify the fee under subrule (1) and add the fee to the amount allowed in the bill of costs.

(3) Subject to subrule (4), the fee under subrule (1) shall become due and payable by the party whose costs have been allowed after 28 days after the date of taxation.

(a) applies to the taxing officer for a review of the amount allowed by the taxing officer in the bill of costs; or

(b) applies for an order to review the amount allowed by the taxing officer in the bill of costs,

the fee under subrule (1) shall not be due and payable until the expiration of 14 days after the determination of the application.

(5) A party referred to in subrule (3) who has paid the fee under subrule (1) may recover the fee from the party liable for the payment of the bill of costs and the fee shall become due and payable by the party so liable immediately after the fee under subrule (1) has been paid.

The Court may, in relation to a particular award of costs, increase or decrease the amount or value of an allowance or expense in the Schedule as it thinks fit.

Two or more documents in the same proceeding which can be served together shall be so served and a fee for the service of one only shall be allowed.

Where 2 or more defendants are represented by the same legal practitioner and the legal practitioner does work for one or some of them separately which could have been done for some or all of them together, on award of the legal practitioner's bill, whether between party and party or between solicitor and client, the Court may disallow costs for the unnecessary work.

In an award of costs the attendance of a witness includes an attendance at a conference with counsel before trial and, in the case of an expert witness, includes qualifying to give evidence as an expert.

Costs reasonably incurred in respect of negotiations for compromise shall be allowed whether or not the negotiations were successful.

(2) In assessing fees on brief and other fees for counsel the Court shall have regard to:

(d) the possibility that counsel might be called on to argue on behalf of a party not represented at the hearing;

(a) the advice of counsel on the pleadings, evidence or other matter in a proceeding; or

(b) counsel drawing or settling a pleading or other document in a proceeding which is reasonable to be drawn or settled by counsel,

(4) Where affidavits or interrogatories which are reasonable to be drawn or settled by counsel are or could have been drawn or settled at the same time, only one fee shall be allowed.

(5) Where a hearing or trial occupies, either on the first day only or partly on the first day and partly on a subsequent day or days, more than 5 working hours (not including a luncheon adjournment) without being concluded, the Taxing Officer may allow a refresher fee for every 5 working hours (not including a luncheon adjournment) subsequent to the expiration of the first 5 hours.

(6) The final refresher may be allowed for a period of less than 5 hours that the hearing or trial occupies.

(7) Costs in respect of the preparation and delivery of a brief to counsel for a hearing or trial which did not take place shall not be allowed if the costs were incurred prematurely.

(a) counsel attending on an interlocutory application, unless the Court otherwise certifies;

(b) counsel of standing higher than junior counsel, unless the Court otherwise certifies; or

(9) A legal practitioner may charge and be allowed a fee for an attendance on counsel to obtain or give some information in respect of which counsel does not charge a fee.

(1) This rule applies where a legal practitioner acts in both capacities as a barrister and solicitor, or appears as a barrister instructed by a partner, employee, fellow employee or employer.

(2) An allowance in accordance with rule 36.23 shall be allowed to a legal practitioner to whom subrule (1) of this rule refers and who appears as counsel.

(1) Subject to subrule (2), the fees and charges specified or calculated as provided in Part 1 of Schedule 1 are payable in respect of the relevant matters specified in that Part, except such fees and charges in relation to proceedings by a person acting for or by authority of the Territory which, but for this exemption, would be payable by that person.

(1A) Notwithstanding subrule (1), a person who is exempt from payment of a filing fee is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the filing fee that would, but for subrule (1), have been payable, and the person shall pay to the Court an amount equal to the filing fee.

(2) A fee or charge shall be payable under subrule (1) only in relation to a step taken or service provided on or after 1 January 1991.

(3) A fee specified in items 1, 2, 3 and 4 in Part 1 of Schedule 1 shall be payable by the person filing a document or making an application to the Registrar at the time of filing or making the application and the fee specified in items 5 and 6 are payable on demand by the Registrar.

Order 38 Interest on costs and judgment
38.01 Interest on costs and judgment

Every judgment debt carries interest at the rate fixed in accordance with rule 59.02 of the Supreme Court Rules from the date of judgment or, in the case of costs which are awarded by the Court, from the date of the order of the Court stating the result of an award, unless the Court otherwise orders.

(1) In a proceeding the Court may order that there shall be included in the sum for which judgment is given interest at such rate as it thinks fit on the whole or a part of the sum for the whole or a part of the period between the date when the cause of action arose and the date of the judgment.

(b) apply in respect of a debt on which interest is payable as of right whether by virtue of an agreement or otherwise; and

(3) This Rule applies to a proceeding in which judgment has not been entered before 31 August 1992.

The Chief Magistrate may, from time to time, issue practice directions not inconsistent with the Act or these Rules.

Item	Matter in respect of which charge is made	Charge
		$
1	Fees for filing statements of claims, &c.
	Statement of claim seeking monetary relief:
	where the amount is:
	less than $5,000 $5,000 or more but less than $20,000 $20,000 or more	$40 $60 $80
	Statement of claim other than a claim seeking monetary relief	$80
	(Where a statement of claim seeks other than monetary relief in addition to, or as an alternative to, monetary relief, the higher of the above fees is payable)
	Application for order under Order 13 seeking preliminary discovery or discovery from a non party	$40
	Application for rehearing under Order 32	$40
	Application under the following Acts: Absconding Debtors Act Hire Purchase Act Warehousemen's Liens Act	$40
	Notice of appeal to the Local Court (other than an appeal against a decision of a Registrar)	$40
	Application for the issue or renewal of a licence	$40
	Application under order 30.05 for the issue of a request for financial information	$20
2	Service
	The standard fee applies to 2 attempts at service.
	Standard fee	$30
3	Judgments
	Registration under the Service and Execution and Process Act 1901 of the Commonwealth	$30
4	Execution and Enforcement
	Execution and enforcement including execution of warrants.
	Application for verification of an order by a Registrar	$30
	Application for the issue of a warrant or the making of an order under Orders 29, 30, 35.14, 35.16, 35.17	$30
	Standard fee	$30
	Where the warrant of execution is a warrant of possession	$60
	Where service or property is involved and the value of property to be seized is:
	less than $5,000 $5,000 and less than $20,000 $20,000 and over	$40 $60 $80
5	Searches
	Searches (e.g. file, index cards) per search	$2
6	Other matters
	Photocopying:
	by Local Court staff – per page by solicitors/clerks – per page	$0.60 $0.30
7	Taxation fee	7.5% of total costs allowed

Item		$0 $5,000	$5,000 – $20,000	Over $20,000
1	All work involved in preparing the initiating document or the Defence to it, including all settling and engrossing and all filing, uplifting and serving, but excluding disbursements	$98.00	$164.00	$262.00
2	Giving discovery	$74.00	$123.00	$196.00
3	Seeking discovery and inspecting discovered documents	$98.00	$164.00	$262.00
4	Preparing and delivering interrogatories for examination of other party	$113.00	$188.00	$301.00
5	Receiving interrogatories for examination of client and all work associated with preparing sworn answers	$119.00	$199.00	$318.00
6	Attendances at, say, 2 directions hearings, allowing 1 unit each way for travel and 3 units at each hearing – total of 10 units	$36.00	$60.00	$96.00
7	Attending at prehearing conference to set matter down for hearing or to settle matter – 1 unit each way for travel and 5 units at Conference – total of 7 units	$25.00	$42.00	$67.00
8	Preparation if matter discontinued or settled at or before prehearing conference to set matter down for hearing	$141.00	$235.00	$376.00
	SUB TOTAL OF COSTS IF SETTLED AT OR BEFORE PREHEARING CONFERENCE TO SET MATTER DOWN FOR HEARING	$704.00	$1,175.00	$1,878.00
9	If matter proceeds beyond prehearing conference to set matter down for hearing, an additional fee to that fee specified in Item 8.	$235.00	$392.00	$626.00
	SUB TOTAL IF MATTER PROCEEDS BEYOND PREHEARING CONFERENCE TO SET MATTER DOWN FOR HEARING	$939.00	$1,567.00	$2,504.00
10	Costs at hearing to be allowed:
	(a) for time legal practitioner actually attended at hearing	$4.00 per 6 minute unit or part thereof ($40 p/hour)	$6.00 per 6 minute unit or part thereof ($60 p/hour)	$9.60 per 6 minute unit or part thereof ($96 p/hour)
	(b) for time a clerk in employ of a legal practitioner attended at hearing in lieu of practitioner	$2.00 per 6 minute unit or part thereof ($20 p/hour)	$4.00 per 6 minute unit or part thereof ($40 p/hour)	$6.00 per 6 minute unit or part thereof ($60 p/hour)
FIXED SCALE OF LEGAL PRACTITIONERS COSTS
Item	Matter in respect of which charge is made	$0 $5,000	$5,000 – $20,000	Over $20,000
1	Costs to be claimed on statement of claim	$98.00	$164.00	$262.00
2	Costs on judgment in default of defence	$33.00	$55.00	$87.00
	In addition:
	(a) where more than one defendant – for each	$4.00	$6.00	$9.00
	(b) the cost of stamp duty or filing fees paid on filing the application and on relevant copies
	(c) a reasonable amount paid for service
3	In addition costs on application for enforcement including issue of an examination summons or warrant and application for an order	$33.00	$55.00	$87.00
Additional Costs
4	In addition to costs payable under item 2 and 3:
	(a) where service out of the jurisdiction is ordered and effected	$49.00	$82.00	$131.00
	(b) where substituted service is ordered and effected:
	(i) on single defendant	$131.00	$218.00	$349.00
	(ii) where more than one – in respect of each defendant served	$17.00	$28.00	$44.00
	(iii) the reasonable fees incurred for any advertising required under an order for substituted service; and
	(c) where a judgment is registered under the Service and Execution of Process Act 1901 of the Commonwealth – for costs of registration	$33.00	$55.00	$87.00
	(d) where leave to proceed is given under the Service and Execution of Process Act 1901 of the Commonwealth – on entry of judgment	$98.00	$164.00	$262.00

This Statement of Claim has been brought against you by the plaintiff for the claim set out below.

IF YOU INTEND TO DEFEND this claim, YOU MUST GIVE NOTICE OF DEFENCE, within 28 days of service on you of this Statement of Claim, to:

IF YOU FAIL to give notice of defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

THE PLAINTIFF CLAIMS (set out concise statement of the nature of the claim and the amount claimed or the relief or remedy sought) particulars of which are set out below, and seeks (set out statement of amount, relief or remedy sought).

*IF you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without giving notice of defence you may avoid further costs.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

* for the plaintiff by (name of firm of legal practitioner), legal practitioner(s), of (business address of legal practitioner).

AFFIDAVIT OF SERVICE In the Local Court
On........................................ at 19 No.
I,...........................................

of .........................................
say on oath
I did on 19 , BETWEEN
duly serve the defendant....
............................................
............................................
with this statement of claim Plaintiff
by delivering a true copy
thereof to ............................
............................................ AND
............................................
............................................
at ........................................ Defendant
............................................
............................................

The person called the plaintiff has a complaint against you and wants the Court to decide it.

You must fill out the form headed "Notice of Defence" that came with this claim explaining why you are not responsible for part or all of the amount the plaintiff claims. This form should be filed with the Court and a copy served on the plaintiff.

If you intend to do this you should contact the plaintiff or his or her legal practitioner immediately and make arrangements to pay. Make sure you get any agreements in writing.

If you admit you owe the amount claimed but cannot pay it all at once you may apply to the Court for an instalment order. Forms for this are available from the Court office. You must file the original with the Court and serve a copy on the plaintiff.

Warning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE MADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND ADDITIONAL LEGAL COSTS.

. Law Society – they will refer you to a legal practitioner who can help with your particular matter (Phone: 81 5104)

. Legal Aid Commission (Phone 81 4799)
. Aboriginal Legal Aid (Phone Darwin: 81 5266)

This Statement of Claim has been brought against you by the plaintiff for the claim set out below.

IF YOU INTEND TO DEFEND this claim, YOU MUST GIVE NOTICE OF DEFENCE, within 28 days of service on you of this Statement of Claim, to:

IF YOU FAIL to give notice of defence, the plaintiff may OBTAIN JUDGMENT AGAINST YOU on the claim without further notice.

THE PLAINTIFF CLAIMS damages arising out of a collision, details of which are set out below.

*IF you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's legal practitioner without giving notice of defence you may avoid further costs.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

* for the plaintiff by (name of firm of legal practitioner), legal practitioner(s), of (business address of legal practitioner).

WHAT IS THE NATURE OF YOUR CLAIM? (e.g. cost of repairs to motor vehicle; cost of repairs to damaged fence.)

WHERE DID YOUR CLAIM ARISE? (Give the location of a collision, and in the space below draw a sketch plan of the collision with names of roads, &c., identify your vehicle as "1", the vehicle driven by the defendant as "2" and any other vehicles involved as "3", "4", "5", &c.)

HOW DID THE COLLISION HAPPEN? (You must set out here in as much detail as you can how the collision happened and why you believe the defendant is at fault. If the space is insufficient you may attach other sheets.)

AFFIDAVIT OF SERVICE In the Local Court
On ......................... at 19 No.
I, .........................

with this statement of claim Plaintiff
by delivering a true copy
thereof to .................
............................ AND
at ......................... Defendant

The person called the plaintiff has a complaint against you and wants the Court to decide it.

If you intend to do this you should contact the plaintiff or his or her legal practitioner immediately and make arrangements to pay. Make sure you get any agreements in writing.

Warning: DO NOT IGNORE THIS FORM OR A JUDGMENT MAY BE MADE AGAINST YOU FOR THE WHOLE AMOUNT OF THE CLAIM AND ADDITIONAL LEGAL COSTS.

. Law Society – they will refer you to a legal practitioner who can help with your particular matter (Phone: 81 5104)

. Legal Aid Commission (Phone 81 4799)
. Aboriginal Legal Aid (Phone Darwin: 81 5266)

That the plaintiff has brought this proceeding against the defendant for the claim set out in the Statement of Claim attached.

The defendant disputes the plaintiff's claim on the grounds set out in the Notice of Defence attached and claims to be entitled to relief against you on the grounds set out in this notice.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

* for the defendant by (name of firm of legal practitioner), legal practitioner(s), of (business address of legal practitioner).

The plaintiff has brought this proceeding against the defendants to recover damages for loss sustained (give brief statement of plaintiff's claim).

The (identify party) claims contribution from you if the plaintiff is successful in the claim against him or her (where appropriate to the extent of such amount as may be found by the Court to be just and equitable, having regard to your responsibility for such damages on the ground that (insert ground(s))

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

The defendant's defence is as follows (set out particulars of defence and summary of facts on which you rely).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This notice was filed by:
* the defendant in person;
* for the defendant by (name or firm of legal practitioner),

The defendant denies that the Local Court has jurisdiction to hear and determine the proceeding on the following grounds:

The defendant's defence is as follows (set out particulars of defence and summary of material facts on which the defendant relies).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a Legal Practitioner or your local Legal Aid Office.

* for the defendant by (name of firm of legal practitioner), legal practitioner(s), of (business address of legal practitioner).

YOU are required to make discovery of documents within 14 days after service of this request on you.

You should make a list of ALL documents in your possession which are related to the claim and provide it to the party named below.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

4. (a) Document numbered (e.g. 10), referred to in Schedule 2, was last in my possession, custody or power on (state date) and I believe that (state belief as to what has become of it).

(Describe each document in the Schedules as original or copy and number each of them)

The (party) requires you to produce for the inspection of the (party) the following documents referred to in your (complaint, defence, affidavit, &c.):

NOTE: Within 7 days after service of this notice you must arrange with the (party) a time within a further 7 days and a place where the documents may be inspected.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

I apply to the Court for an order for the payment by instalments of the sum owing as follows:

(state the amount of each instalment, weekly, monthly or otherwise, the number of instalments and the date of first and last instalment.)

I admit I owe the amount of $...... being the total amount contained in the plaintiff's statement of claim and consisting of the amount of $...... and costs of $......

Note: You must also attach a copy of Form 29F – "STATEMENT OF FINANCIAL SITUATION". This form must be filed with the Court and a copy served on the plaintiff.

I agree to the entering of judgment in the amount stated and consent to an order for instalments being made in accordance with the terms stated in this notice.

If you do not, within (specify a number not less than 14 days) after service of this notice on you serve a notice on the (party) disputing any fact specified (or the authenticity of any document mentioned) below, the fact (or the authenticity of that document) shall, for the purpose of this proceeding only, be taken to be admitted by you in favour of the (party). If you do serve a notice disputing that fact (or the authenticity of the document), and afterwards that fact (or the authenticity of the document) is proved, you must pay the costs of proof, unless the Court otherwise orders.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

The (party) disputes the following facts specified in the (party)'s notice dated (e.g. 5 September 19 ):

The (party) disputes the authenticity of the following documents mentioned in (the party's) notice dated (e.g. 5 September 19 ).

The sum is in answer to the plaintiff's claim for (specify) *The sum takes into account the defendant's claim for (specify) on his or her counter-claim.

The sum is in answer to the following claims of the plaintiff namely (specify)

Of the sum, $ is in answer to the plaintiff's claim for (specify) on which the plaintiff claims $ (and after taking into account, &c., as above) and $ is in answer to the claim for (specify) on which the plaintiff claims $ (and after taking into account, &c., as above).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

Pursuant to leave granted by the Court on (date), the defendant withdraws the deposit of $ paid into court by him or her on (date) relating to the plaintiff's claim of (specify).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

I have seen the statement of claim and consider the damage consistent with the details of the accident described in the claim.

The following repairs were completed/are needed* and the amounts specified represent a fair and reasonable charge for that work.

(2) Any question concerning this summons should be addressed not to the Court but to the (name of legal practitioner or party).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

THE COURT ORDERS that you attend and bring with you this summons and the document and things described in the Schedule at (address of Court) at 10.00 am (or as the case requires) on (date) and until you are excused from further attending.

Instead of attending, you may take this summons and the documents and things described in the Schedule to the Registrar of the Local Court at (venue) by hand or by post, in either case so that the Registrar receives them no later than 2 business days before the date on which you are required to attend.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

THE COURT ORDERS that you attend to give evidence and bring with you this summons and the document and things described in the Schedule at (address of Court) at 10.00 am (or as the case requires) on (date) and until you are excused from further attending.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

(Summons to a corporation for production and for its proper officer to answer questions concerning possession, &c., of documents and things)

Instead of so attending, the corporation may produce this summons and the documents and things described in the Schedule to the Registrar of the Local Court at (venue) by hand or by post, in either case so that the Registrar receives them no later than 2 days (excluding Saturdays, Sundays or other holidays) before the first date on which the officer is required to attend.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

You are ordered to attend before the Court on the hearing of an application by the (party) for (describe the order sought).

The application will be heard by the Court at (venue) at (time) on (date).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

The plaintiff recovers possession of the land described as (description of land*) (where there is a defendant: and that the defendant pay the plaintiff $ costs) (or pay the plaintiff's costs to be assessed).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

In respect of the judgment dated (e.g. 20 April 19 ) by which it was decided that the plaintiff recover possession of the land described in the schedule (where there is a defendant: and that the defendant pay the plaintiff $ costs or the plaintiff's costs, which have been taxed at $ ), ENTER the land and cause the plaintiff to have possession of it (where there is a defendant, and levy on the property of the defendant which is authorised by law to be taken in execution for) (continue as in Form 29B as for a levy for costs only) AND INDORSE (continue as in Form 29B).

(Where there is a defendant) The last known address of the defendant (continue as in Form 29B).

(Yes/No)
2. All pleadings have been
completed and delivered
and pleadings are closed

(b) For the defendant
17. The shortest notice on
which each part would
be ready to commence the

Date (e.g. 20 June 19 )
............................. .............................
Solicitors for the Solicitors for the

ORIGINATING PROCESS: (state whether proceeding commenced by application or statement of claim, &c.)

HOW OBTAINED: (state whether made on application with date of application or at trial with date of commencement of trail.)

APPEARANCE: (set out appearance or non-appearance or any person entitled to attend and, if attending, whether by legal practitioner.)

OTHER MATTERS: (state any finding of jurisdictional fact, undertaking of party or other matter as directed by court.)

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

The claimant (name of claimant) has claimed the goods (or certain goods) (if only certain goods are claimed, list them) (or the proceeds of sale of (goods)) taken in execution by (person to whom warrant was directed) under the warrant of execution in this proceeding.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

In respect of the judgment (or order) dated (e.g. 20 June 19 ) by which it was adjudged (or ordered) that (judgment debtor) pay $ to (judgment creditor) together with costs, which have been taxed at $ , (or by which it was ordered that) (judgment debtor) pay certain costs to (judgment creditor), which have been taxed at $ , LEVY ON THE PROPERTY of (judgment debtor) which is authorised by law to be taken in execution for:

(a) $ , being $ now due and payable exclusive of taxed costs and $ for taxed costs; (or $ for taxed costs);

(b) $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on (amount due and payable exclusive of taxed costs) from the date of the judgment (or order);

(c) $ , being interest at % per annum, the rate for the time being fixed in accordance with law, on (amount of taxed costs) from 19 (date of taxation of costs);

AND PAY the amount so levied other than your fees and expenses to (judgment creditor) or otherwise as the law requires AND INDORSE on this warrant immediately after you have performed all your obligations under it a statement of the date, time and place at which you have executed or attempted to execute the warrant and the results of the execution and send a copy of the statement to (judgment creditor).

The last-known address of (judgment debtor) is (add if address is different) the address of the place where it is believed that property of (judgment debtor) may be found is ).

In respect of the judgment (or order) dated (e.g. 20 June 19 ) by which it was adjudged (or ordered) that (identify party or other person against whom judgment was entered or given or order made) deliver the goods described in the Schedule to (identify party or other person for whom judgment was entered or given or order made) and pay ($ damages for their detention and) costs, which have been taxed at $ , CAUSE THE GOODS TO BE DELIVERED to (identify party or other person) AND LEVY on the property of (identify party or other person) which is authorised by law to be taken in execution (continue as in Form 29B according to whether the levy is for a judgment amount and costs or for costs only) AND INDORSE (continue as in Form 29B).

(where judgment or order is for delivery of goods or payment of their assessed value with or without an award of damages for their detention:)

In respect of the judgment (or order) dated (e.g. 20 June 19 ) by which it was adjudged (or ordered) that (identify party or other person) deliver the goods described in the Schedule to (identify party or other person) or pay $ their assessed value (and $ damages for their detention) and costs, which have been taxed at $ , CAUSE THE GOODS TO BE DELIVERED to (identify party or other person) AND LEVY on the property of (identify party or other person), which is authorised by law to be taken in execution:

(a) if you cannot cause the goods to be so delivered, for $ (assessed value of the goods);

(b) for $ , being $ (amount of damages) due and payable exclusive of taxed costs and $ for taxed costs; ( or

(continue as in Form 29B according to whether the levy is for interest on damages and costs or on costs only) AND INDORSE (continue as in Form 29B).

You are summoned to attend before the Court on the hearing of an application by (judgment creditor) for an order that some of your earnings be paid to satisfy the judgment against you in favour of (judgment creditor) in the Local Court dated (e.g. 20 June 19 ) for $ , in respect of which judgment $ is due and unpaid, made up as follows:

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

1. By a judgment dated (e.g. 20 June 19 ) it was decided that (judgment debtor) pay to me the sum of $ together with costs.

(Judgment debtor), the judgment debtor, has failed to comply with an order with respect to the judgment made by the Local Court on 19 that (judgment debtor) (insert terms of order not complied with).

3. (Judgment debtor), the judgment debtor, is employed by of as a (occupation).

You are required to complete this form by giving the information requested below. The completed form signed by you must be sent to (judgment creditor) at (address for service) before 19 (day for hearing named in the summons). If you do not do this, the Court may make an order that you attend before the Court and give the information.

(a) Weekly expenses
Income tax:
Superannuation:
Housing (mortgage, rent, board, hospital
or institution):
Local government rates:
Water and sewerage rates:
Land tax:
Child care expenses incurred for the
purpose of earning income:
Maintenance actually paid:
Instalment payments such as household

Total:
Electricity and gas:
Food:
Other general household expenses:
Motor vehicle expenses (registration,
insurance, maintenance, fuel):
Fares:
Telephone:
Insurance policy premiums:
School fees and other school expenses:
Clothing and shoes:
Medical and chemist expenses:
Entertainment:
Payments on court orders and fines:

4. If any of the assets referred to in paragraph 2 is owned jointly, identify each asset and give the name of the other owner or owners:

5. If any of the debts referred to in paragraph 3 is due jointly, identify each debt and give the name of the other debtor or debtors:

6. Give particulars of any other circumstances which affect the financial situation of the judgment debtor such as the number and age of dependants, marital status and health:

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

(Judgment debtor), the judgment debtor, attend before the Registrar in the Court at (address) on 19 at a.m. (or p.m.) to be examined concerning the means and ability of (judgment debtor) to comply with the judgment (or to state to the Court the following particulars), namely:

(Judgment debtor), the judgment debtor, furnish to the Court on or before 19 a statement in writing signed by him, her or it (as the case may be) setting forth the following particulars, namely:

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

1. By a judgment dated (e.g. 20 June 19 ) it was adjudged that (judgment debtor) pay to (judgment creditor) $ together with costs.

2. (Judgment debtor) has failed to comply with an order with respect to the judgment made by the Court on 19 that he, she or it, as the case may be, (insert terms of order not complied with).

3. (Judgment debtor) was served with a copy of the summons in this proceeding and has had a reasonable opportunity of attending the hearing.

4. (Judgment debtor) is employed by at in the Northern Territory as a (occupation) and is a person to whom earnings are payable or are likely to become payable by that employer.

1. (The employer), the above-named employer, on each pay-day whilst (judgment debtor) is employed by him or her or until this order ceases to have effect make payments out of the earnings of (judgment debtor) at the rate calculated in accordance with this order to (name and address of person to whom payments are to be made) for or towards $ , being the amount of $ due and unpaid in respect of the judgment and the amount of $ for costs.

2. For the purpose of calculating the normal deduction for the purposes of paragraph 4 of this order the normal deduction rate shall be $ each pay-day (or on the pay-day(s) falling on 19 and thereafter $ each pay-day).

3. The protected earnings rate, that is, the rate below which the earnings of (judgment debtor) may not be reduced by a payment under this order, shall be $ in respect of each pay-day.

4. (The employer) shall, in respect of each pay-day whilst the order is in force, if the net earnings of (judgment debtor) exceed the sum of:

(b) so much of any amount by which the net earnings that became payable on any previous pay-day were less than the protected earnings in relation to that pay-day as has not been made good on any previous pay-day,

pay, so far as that excess permits, to (judgment creditor) the normal deduction in relation to that pay-day and so much of the normal deduction in relation to any previous pay-day as was not paid on that pay-day and has not been paid on any other previous pay-day.

Note: An attachment of earnings order does not come into force until the expiration of 7 days after the day on which the order is served on the person to whom the order is directed.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

The attachment of earnings order served with this notice requires you to deduct from earnings becoming payable to (judgment debtor) as your employee, from pay-day to pay-day until the order is discharged or suspended, the amount referred to in the order as the normal deduction, and to pay that amount to of towards securing payment of $ , being the amount of $ due and unpaid in respect of the judgment referred to in the order and $ for costs.

Earnings in relation to (judgment debtor) means any amounts payable to him or her, as the case may be,:

(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary; or

(i) an annuity in respect of past services whether or not the services were rendered to the person paying the annuity; and

(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment,

but does not include a pension payable to (judgment debtor) under the Commonwealth Acts known as the Social Security Act 1947 (as amended from time to time) the Repatriation Act 1920 (as amended from time to time) or the Seamen's War Pensions and Allowances Act 1940 (as amended from time to time).

Where 2 or more attachment of earnings orders are directed to you with respect to earnings payable or likely to become payable by you to (judgment debtor), you are required to:

(a) comply with those orders according to the respective dates on which they took effect, and disregard any order until an earlier order has been complied with; and

(b) comply with any order as if the earnings to which it relates were the residue of the earnings of (judgment debtor) after the making of any payment under an earlier order.

You are required to give (judgment debtor ) a notice specifying particulars of the payments made by you under the attachment of earnings order.

In addition to deducting the amount required to be deducted under an attachment of earnings order, you are entitled to make a further deduction of $3 per pay period from the earnings of (judgment debtor) towards the clerical and administrative costs of making payments under the order. You are required to give (judgment debtor) notice of the amount deducted for this purpose.

If you are in doubt whether payments to (judgment debtor) of a particular class or description are earnings for the purpose of the attachment of earnings order you may apply to the Court to have that question determined.

(b) if you are now the employer of (judgment debtor) but later cease to be his or her employer, immediately after you cease to be employer.

A person who dismisses an employee, injures him or her in his or her employment or alters his or her position to his or her prejudice because an attachment of earnings order has been made or because the person is required to make payments under the order in relation to the employee may be dealt with as for contempt of court.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

The attachment of earnings order made on , 19 which ordered you to make payments for or towards the amount due and unpaid in respect of a judgment in favour of judgment creditor) out of the earnings payable to (judgment debtor), ceased to have effect on , 19 because (state reason).

Note: The adjustments to the employee's salary must be made within 7 days after receiving this notice.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

I refer to the order made on 19 that I make payments to (judgment creditor) out of the earnings of (judgment debtor) and give notice that I am not the employer of (judgment debtor) (or I ceased to be the employer of (judgment debtor) on 19 .)

at (place) No. of 19
Between A.B. Judgment creditor
and
C.D. Judgment debtor
and

You are summoned to attend before the Court on the hearing of an application by the judgment creditor for an order that you, the garnishee, pay to the judgment creditor the debt due from you to the judgment debtor (or the debt which will become due from you to the judgment debtor on 19 ) (or pay to the judgment creditor in such amount or amounts and at such time or times as the Court may direct the debt accruing from you to the judgment debtor) (or the debt which will accrue from you to the judgment debtor on 19 ) or so much of that debt as may be sufficient to satisfy a judgment recovered against the judgment debtor by the judgment creditor in the Court on (e.g. 20 June 19 ) for $ , interest accrued and accruing on the judgment and the costs of the judgment creditor of the garnishee proceedings. The sum required to satisfy the judgment, interest and costs is $ , and is made up as follows:

The debt in respect of which this summons is filed and served is as a result of judgment against (judgment debtor) in favour of (judgment creditor) in the Local Court dated .

Note: Money owing under the debt to the extent of the judgment must not be paid to the judgment debtor unless the court so orders.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

(where garnishee debt less than judgment debt, interest and judgment creditor's costs)

1. The garnishee (where appropriate insert here: (after deducting $ for the costs of the garnishee application)) pay immediately to the judgment creditor $ , the debt due from him or her to the judgment debtor and that in default of payment action may be taken against the garnishee.

The garnishee pay to the judgment creditor $ , the debt accruing from him or her to the judgment debtor, as follows (state the amount or amounts to be paid and the time or times of payment as directed by the Court) and that in default of payment action may be taken against the garnishee.

2. The costs of the judgment creditor of the garnishee application, being on amount of $ , be added to the judgment debt and the interest accrued on that debt and be retained by the judgment creditor out of the money recovered by him or her under this order in priority to the judgment debt and interest.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

(where garnishee debt greater than judgment debt, interest and judgment creditor's costs)

1. The garnishee pay immediately to the judgment creditor $ , being so much of the debt due from him or her to the judgment creditor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings and that in default of payment action may be taken against the garnishee.

The garnishee pay immediately to the judgment creditor $ , being so much of the debt accruing from him or her to the judgment debtor as is sufficient to satisfy the judgment debt, the interest accrued on that debt and the costs of the judgment creditor of the garnishee proceedings as follows (state the amount or amounts to be paid and the time or times of payment as directed by the Court) and that in default of payment action may be taken against the garnishee.

2. The garnishee be at liberty to retain $ for his or her costs of the garnishee proceedings out of the balance of the debt due (or accruing) from him or her to the judgment debtor.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

In respect of the judgment dated (e.g. 20 June 19 ) by which it was decided that (identify party or other person against whom judgment was entered or given) recover possession of the land described below and that (identify party or other person against whom judgment was ordered or given) pay (identify party or other person) costs (or pay $ to the (identify party or other person) together with costs), which have been taxed at $ , ENTER THE LAND and cause (identify party or other person) to have possession of it, AND LEVY on the property of (identify party or other person) which is authorised by law to be taken in execution for (continue as in Form 29B according to whether the levy is for a judgment amount and costs or for costs only) AND INDORSE (continue as in Form 29B).

Issued at the request of (identify party or other person for whom judgment was entered or given).

I hereby apply for a warrant of (identify type of warrant) to be issued in respect of the judgment (or order) dated (e.g. 20 June 1992) against (name parties against whom warrant to issue and give their last known addresses) for the total shown below.

I nominate (name the LICENSED PRIVATE BAILIFF) of (bailiffs address) as the private bailiff who shall execute the warrant applied for.
The amounts now owing are shown below:
Total owing, excluding interest,
to the date of this application $
Total Interest to date: $
Practitioners Costs of this application $
Bailiff Fees $
Other costs $
________

If payments have been received in this proceeding, list the date and amounts of the payments.

I, of , apply for the issue of an examination summons in the above matter against (judgment debtors' names) On (e.g. 5 September 1992) it was ordered that (he/she/they) pay me the sum of $ including costs.

The balance of the judgment now owing to me including all interest is shown below.

AMOUNTS NOW OWING
Total owing, excluding interest,
to the date of this application $
Total Interest to date: $
Practitioners Costs: $
Bailiff Fees: $
________
TOTAL $

You are summoned to attend before a Registrar or the Court to be orally examined as to a matter related to your financial circumstances generally and your means and ability to satisfy the order made against you on (e.g. 5 September 1992) in favour of (judgment creditor) for $(amount originally ordered).

You are required to produce to the Court on the examination the following documents: (description of documents).

You must attend at (address) at (e.g. 10.00 am) on (e.g. Monday 29 February 1992) or so soon afterwards as the business of the Court allows.

AMOUNTS NOW OWING
Total owing, excluding interest,
to the date of this application $
Total Interest to date: $
Practitioners Costs: $
Bailiff Fees: $
________
TOTAL $

Plus interest on the total calculated from today at the rate of 11.05% per year.

NOTE: If you do not attend the Court as directed by this summons, the Court may issue a warrant for your arrest. This will require you to pay all the costs of your being taken to court.

Do not ignore this summons. If you do not understand it or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

Whereas (name of judgment debtor) of (address) has failed to attend before the Local Court at the time and place appointed by the summons issued on , 19 to be examined concerning his or her financial circumstances:

I do hereby authorise you to enter and search by day or by night any dwelling-house, ship or place whatsoever wherein the said person is suspected to be using all necessary force for that purpose and if necessary to break any outer door or window and to apprehend him or her and to bring him or her before the Court.

I, of , apply for the issue of a Request for Financial Information in the above matter.

On (e.g. 5 September 1992) it was ordered that (judgment debtor) pay the sum of $ and $ for costs.

The balance of the judgment now owing to me (including all interest) is shown below.

AMOUNTS NOW OWING
Total owing, excluding interest,
to the date of this application $
Total Interest to date: $
Issue Fees: $ 20.00
________
TOTAL $

when you were ordered to pay the amount of judgment shown below to the plaintiff. As the total owing has not been paid the plaintiff has requested that this document be issued.

You must complete the attached Declaration of Financial Information and return it to the Registrar of the Local Court within 28 days from the date you receive it. Doing this may prevent you having to go to court or other enforcement action from being issued and further costs being added to the total owing.

If you agree to pay off the amount owing by regular payments, no additional interest or costs will be added to the amount owing and no other action can be taken to enforce the judgment, once an instalment order is made.

do solemnly and sincerely declare that the following information and annexures (if any) are true and correct.

And I make this solemn declaration by virtue of the Oaths Act conscientiously believing the statements contained in this declaration to be true in every particular.

NOTE: A person wilfully making a false statement in a declaration is liable to a penalty of $2,000 or imprisonment for 12 months, or both.

List all your employers and the amounts shown for each employer and all other types of income for the last 12 months.
Employers Gross Average amount of

$ $ per
or average in hand pay for last 12 months: $
or Total Earnings before tax for last 12 months: $
Other Income: List all details for last 12 months

List all your expenses, or your average periodical expenses, for the last 12 months. If sharing expenses with another, state only your share.
Income tax, $
Medicare, $
Superannuation (name fund &c., total contributions) $
Insurance, $
Medical &c., dental expenses, $
Rent (Landlord's name and amount &c., period) $
Rates, $
Repairs, $
Food & groceries, $
Electricity, gas &c., $
Telephone, $
Clothing, $
Fares, $
Vehicle expenses (fuel, rego &c., insurance, &c.), $

List all your real and other property including credit in banks, including all joint accounts.
Real estate (address, estimated market value): $

I hereby offer to pay off the amount owing at the rate of $ per and the first payment will be made on:

This application is made to the Court by (judgment creditor or judgment debtor) of (usual place of residence or of business or registered office) with respect to the judgment for (judgment creditor) against (judgment debtor) in the Local Court dated the (e.g. 20 June 19 ) for $ and costs.

I apply to the Court for an order for the payment by instalments of the sum owing as follows: (state the amount of each instalment, weekly monthly or otherwise, the number of instalments and the date of the first and last instalment)

I am unable to pay the amount owing in one sum because (state briefly why). My address is

Note: You must attach a copy of Form 29F, STATEMENT OF FINANCIAL SITUATION. This form must be filed with the Court and a copy served on the plaintiff.

APPLICATION FOR VARIATION OR CANCELLATION OF ORDER FOR PAYMENT OF JUDGMENT DEBT BY INSTALMENTS

This application is made to a Registrar by (judgment creditor or judgment debtor) of (usual place of residence or of business or registered office) with respect to the judgment for (judgment creditor) against (judgment debtor) in the Local Court dated (e.g. 20 June 19 ) for $ and costs.

On , 19 an order was made that (judgment debtor) pay $ , the sum then owing under the judgment, by instalments as follows: (insert terms of order). (Judgment debtor) has duly paid the instalments in accordance with the order (or has failed to pay the instalments which under the order were due on and on the instalments are now in arrears in the sum of $ ).

(Judgment creditor or judgment debtor) hereby applies for an order that the order made on , 19 be varied as follows: (give particulars of variation sought stating amount of each instalment, weekly, monthly or other period for payment of first and last instalment, name and address of person, number of instalments, date or payment of first and last instalments, name and address of person to be paid under the order as varied) (or be cancelled).

(where the judgment debtor applies, give particulars of any material change in the circumstances of the judgment debtor since the date of the order).

(where the judgment creditor applies, give particulars of any allegation that there has been a substantial increase in the property or means of the judgment debtor or that any information given by the judgment debtor in support of the application for the order for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments or in any agreement for the payment of the judgment debt by instalments was inaccurate.)

The application will be heard before the Local Court, at (address) on , 19 at a.m. (or p.m.) or so soon afterwards as the business of Court allows.

The usual or last-known place of residence or of business or registered office of (judgment debtor or judgment creditor) is

(Note that where the application is made by a judgment debtor, the judgment debtor must file an affidavit of his or her financial situation which gives the information required by Form 29F.)

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

(Judgment debtor) pay to (judgment creditor) $ , being the sum owing in respect of a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ) by instalments as follows:

(state amount of each instalment, weekly, monthly or other period for payment, number of instalments, dates of payments of first and last instalments made and address of person to be paid).

The following order be substituted for the order made on , 19 that (judgment debtor) pay by instalments $ which was then owing under a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ):

The order made on , 19 that (judgment debtor) pay by instalments $ which was then owing under a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ) be varied as follows:

The order made on , 19 that (judgment debtor) pay by instalments $ which was then owing under a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ) be cancelled (or be confirmed and the application dismissed).

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

TAKE NOTICE that on , 19 I made an order on the application of (judgment creditor or judgment debtor) that (judgment debtor) pay to (judgment creditor) $ , being the sum owing under a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ) by instalments as follows: (state amount of each instalment, weekly, monthly or other period of payment, number of instalments, dates of payments of first and last instalments and name and address of person to be paid).

that on , 19 I refused an application by (judgment creditor or judgment debtor) for an order that (judgment debtor) pay by instalments $ , being the sum owing under a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ).

Note: If you are dissatisfied with the order or refusal referred to in this notice you may file a notice of objection with the Registrar within 14 days after receipt by you of this notice. The notice of objection should be in Form 31E.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

(Judgment creditor or judgment debtor) of (usual place of residence or of business or registered office) hereby objects

to the refusal on , 19 of an application by (judgment creditor or judgment debtor) for an order that (complete appropriately).

(Judgment creditor or judgment debtor) has filed notice of objection to an order of the Registrar made on 19 on

the application of (judgment creditor or judgment debtor) that (complete appropriately). The Court will hear the objection on 19 a.m. (or p.m.) or so soon afterwards as the business of the Court allows.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

1. This agreement is made between (judgment creditor) of (usual place of residence or of business or registered office) and (judgment debtor) of (usual place of residence or of business or registered office) with respect to the judgment for (judgment creditor) against (judgment debtor) in the Local Court dated (e.g. 20 June 19 ) for $ and costs.

3. The parties hereby agree that (judgment debtor) shall pay and (judgment creditor) will accept payment of $ , being the sum owing under the judgment, by instalments as follows:

4. (Judgment debtor) acknowledges that he or she is aware that upon filing of this agreement an order will be made in the terms of this agreement and that for a breach thereof he or she may be required to attend before the Court.

In accordance with an agreement dated , 19 made between (judgment creditor) and (judgment debtor) and filed (judgment debtor) pay to (judgment creditor) $ , being the sum owing under a judgment for (judgment creditor) against (judgment debtor) dated (e.g. 20 June 19 ), by instalments as follows: (state amount of each instalment, weekly, monthly or other period for payment, number of instalments, dates of payments of first and last instalments, name and address of person to be paid).

I did not appear at the hearing of the above statement of claim. The Court on (date) in my absence made an order against me for (set out terms of order) and for $ costs.

TAKE NOTICE that I intend to apply to the Court for an order that that order be set aside and the statement of claim be re-heard as soon as possible.

*I did not file a notice of defence for the following reason(s) (set out reasons)

The (name of bank) of (address) undertakes to hold itself responsible for the payment into court of $ ordered to be paid by the *plaintiff/*defendant in the above matter by order of the Court on (date).

The bank acknowledges that this undertaking can be amended or revoked only with the leave of the Court or discharged by payment of $ into court.

The (name of bank) of (address) which guaranteed the payment of $............ into court on behalf of the "plaintiff/"defendant in the above matter hereby discharges the guarantee and pays into Court the total sum of money so guaranteed.

I, (name of appointor) of (address) give notice that I have appointed (name) or (address) as my litigation guardian for the purposes of (set out brief details of proceeding for which litigation guardian is appointed).

IN THE COURT 19 No.
AT In the matter of an appeal
pursuant to (name of the Act
and section of Act under

The appellant appeals against (set out briefly the substance of the order or decision appealed against).

Between the .......................................................... name
appellant
.......................................................... address for

The Registrar has fixed (time) on (date) as the hearing time for this appeal.

APPLICATION FOR WARRANT OF POSSESSION UNDER SECTIONS 48 AND 51A(3) OF THE TENANCY ACT

Between the ......................................................................... name
applicant
(person ......................................................................... address

seeking ...................................................................... service

and
lessee ...................................................................... name
(tenant)
...................................................................... address

The applicant applies to the Court for a warrant authorising an officer of the Court or a member of the Police Force to evict the lessee from the following premises:

*2. The Court made an order terminating the lease on (date) and the lessee has not given up possession.

The Registrar has fixed (time) on (date) as the hearing time for this application.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

APPLICATION FOR ORDER TERMINATING LEASE OF DWELLING HOUSE UNDER SECTION 51 OF THE TENANCY ACT

Applicant .......................................................... name
(person
seeking .......................................................... address for

The applicant applies to the Court for an order terminating the lease and for the issue of a warrant authorising an officer of the Court or a member of the Police Force to evict the lessee (name and address) from the following premises:

The Registrar has fixed (time) on (date) as the hearing time for this application.

LESSEE'S APPLICATION FOR ORDER TERMINATING LEASE UNDER SECTION 51A(1) OF THE TENANCY ACT

Between the .......................................................... name
applicant
(tenant) .......................................................... address for

and
lessor ......................................................... name
(landlord)
......................................................... address

The applicant applies to the Court for an order terminating the lease over the following premises:

The Registrar has fixed (time) on (date) as the hearing time for this application.

Do not ignore this notice. If you do not understand this notice or need help contact the Registrar of the Local Court, a legal practitioner or your local legal aid office.

amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted

Local Court Rules (SL No. 21, 1990)
Notified	12 December 1990
Commenced	1 January 1991 (r 1.01, s 2 Local Court Act 1989 (Act No. 31, 1989) and Gaz G49, 12 December 1990, p 2)
Amendment of the Local Court Rules (SL No. 58, 1990)
Notified	2 January 1991
Commenced	2 January 1991
Amendment of Local Court Rules (SL No. 29, 1991)
Notified	3 July 1991
Commenced	3 July 1991
Amendments of Local Court Rules (SL No. 70, 1991)
Notified	16 December 1991
Commenced	16 December 1991
Amendments of Local Court Rules (SL No. 43, 1992)
Notified	26 August 1992
Commenced	31 August 1992 (r 1)
Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)
Assent date	31 December 19993
Commenced	1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994)
Amendments of Local Court Rules (SL No. 31, 1994)
Notified	19 October 1994
Commenced	19 October 1994

$0 – $5,000	30%
$5,001 – $20,000	50%
Over $20,000	80%

Northern Territory Repealed Regulations

LOCAL COURT RULES