TABLE:

SUPREME COURT RULE NUMBERS ↔ NEW RULE NUMBERS

Prepared by Joanne Lee
Project Officer
Rules Harmonisation Project

June 2006

This table has been prepared as a quick guide to the location of provisions of the Supreme Court Rules 1937 in the new Court Procedures Rules 2006.  It also identifies some of the main Supreme Court Practice Directions and Notices to Practitioners that have been moved into the rules, together with the relevant rule numbers.

This table is not meant to suggest that the relevant “old” rule has been reproduced exactly in the new rules.  Rather, the table simply provides a reference point for material from “old” rules that has been used in new rules.  More often than not, the structure and wording of “old” rules has been rearranged and simplified in order to be more user-friendly.  The Court Procedures Rules 2006 also includes material from other courts’ rules and statutes, including the ACT Magistrates Court.  The exact source of such material is identified in brackets under each new rule heading, where relevant.

If there is no new rule identified for a particular provision of the Supreme Court Rules
1937, this does not necessarily mean that the principle or practice covered by the “old” rule has been abolished.  Usually, it just means that another existing rule better expressed the principle or practice (eg Magistrates Court (Civil Jurisdiction) Rules
2004), or that the “old” rule is now covered by a more general rule (eg general rules on service, affidavits, and interlocutory applications – now in Chapter 6, Court Procedures Rules 2006).  However, a very small number of outdated provisions have not been retained in the new rules and some of these have been noted here.

			
	OLD RULE

Supreme Court Rules 1937
(ACT)	NEW RULE

Court Procedures Rules 2006
(ACT)		

				
	
Part 1 – Preliminary	
Chapter 1 – Preliminary		

Order 1 (Preliminary)			
	r 1 (name of rules)	r 1 (name of rules)		
	r 4 (definitions for rules)			
	r 4 (definitions for rules)
def personal service	r 6405 (how document is personally
served)		
	r 5 (certain references to Act or the Act)			
	r 6 (terms defined in Supreme Court Act)			
	r 7 (references to forms by number)			
	r 8 (use of seals)	r 6304 (documents–sealing and stamping)		

Order 1AA (Subpoenas)	
Part 6.9 (Subpoenas)		
	r 1 (definitions for o 1AA)	r 6600 (definitions–pt 6.9)		
	r 2 (issuing subpoena)	r 6601 (issuing subpoena)		
	r 3 (form of subpoena)	r 6602 (form of subpoena)		
	r 4 (setting aside subpoena or other relief)	r 6604 (setting aside subpoena or other relief)		
	r 5 (service of subpoena)	r 6605 (service of subpoena)		
	r 6 (compliance with subpoena)	r 6606 (compliance with subpoena)		
	r 7 (production of subpoenaed document
etc otherwise than on attendance)	r 6607 (production of subpoenaed
document etc otherwise than on attendance)		
	r 8 (removal, return, inspection etc of
subpoenaed documents and things)	r 6608 (removal, return, inspection etc of
subpoenaed documents and things)		
	r 9 (inspection of, and dealing with,
subpoenaed documents and things produced otherwise than on attendance)	r 6609 (inspection of, and dealing with,
subpoenaed documents and things produced otherwise than on attendance)		
	r 10 (disposal of subpoenaed documents
and things produced)	r 6610 (disposal of subpoenaed
documents and things produced)		
	r 11 (costs and expenses of compliance
with subpoena)	r 6611 (costs and expenses of compliance
with subpoena)		
	r 12 (failure to comply with subpoena–
contempt of court)	r 6612 (failure to comply with subpoena–
contempt of court)		
	r 13 (documents and things in custody of	r 6613 (documents and things in custody		

court)	of court)	
r 14 (banker’s books)		
r 15 (application of o 1AA–subpoena
under Commercial Arbitration Act)	r 6614 (application of pt 6.9–subpoena
under Commercial Arbitration Act)	

Order 1AB (matters arising under the Commonwealth Evidence Act)	
See now Division 6.10.4 (notices under Commonwealth Evidence Act)	
r 1 (evidence of previous representation)	r 6750 (evidence of previous
representation notice)	
r 2 (objection to hearsay evidence–civil
proceedings)	r 6751 (objection to hearsay evidence
notice–civil proceedings)	
r 3 (tendency evidence)	r 6752 (tendency evidence notice)	
r 4 (coincidence evidence)	r 6753 (coincidence evidence notice)	

Part 2 – Civil Jurisdiction	
Chapter 2 – Civil proceedings generally	

Order 1A (application of Part 2)	
Part 2.1 (introductory provisions–ch 2)	
r 1 (application to jurisdictions generally)	r 4 (application of rules);
r 22 (application–ch 2);
r 5001 (appellate proceedings–application of ch 2 generally)	

Order 2 (commencement of actions)	
Part 2.2 (starting civil proceedings)	
		
Division 2.1 (procedure on originating application)	See now:
Division 2.2.1 (how civil proceedings are started);
Division 2.2.2 (originating claims); Division 2.2.3 (originating applications); and
Division 2.2.4 (rules about originating process)	
r 1 (commencement of originating
application)	r 32 (when civil proceeding starts);
r 33 (when originating claim must be used)	
r 2 (date of commencement)	r 32 (when civil proceeding starts)	
r 3 (oral applications)	r 37 (when oral originating application
may be made in Supreme Court)	
r 4 (form of originating application)		
r 5 (corporate information)		

r 6 (special endorsement on originating
application – Civil Law (Wrongs) Act
2002, pt 3.1)		
r 7 (time for appearance)	r 102 (notice of intention to respond or
defence–filing and service)	
r 8 (identification of action)		
r 9 (identification of relief sought)	r 50 (originating claim–content etc)	
r 10 (statements of claim)	r 50 (originating claim–content etc)	
r 11 (claims for debt and liquidated demands)	r 51 (originating claim–additional matters for claims for debt and liquidated
demands);
r 304 (third-party notice– additional matters for claims for debt and liquidated demands)	
r 12 (motor vehicle personal injury
claims)	r 52 (originating claim–statement of
claim for motor vehicle death and personal injury claims);
r 305 (third-party notice–statement of claim for certain personal injury claims)	
r 13 (employment personal injury claims)	r 53 (originating claim–statement of
claim for employment death and personal injury claims);
r 305 (third-party notice–statement of claim for certain personal injury claims)	
r 14 (originating applications with no
defendant)	r 60 (originating application–content etc)	
r 15 (notice to defendants)		
r 16 (1) (filing and sealing of originating
applications)	r 70 (originating process to be sealed);
r 6120 (filing documents–number of copies)	
r 16 (2) (filing and sealing of originating
applications)	r 71 (numbering etc of proceedings);
r 5105 (appeals to Supreme Court–
numbering etc of appeals);
r 5407 (appeals to Court of Appeal–
numbering etc of appeals)	
r 16A (rejection of certain originating
applications)		
r 17 (further sealed copies)		
r 18 (authorisation for service)		
r 18A (personal service of originating
applications generally required)	r 54 (originating claim–filing and
service);
r 61 (originating application–filing and service)	
r 18B (service of applications to recover
unoccupied land)	r 61 (originating application–filing and
service);
r 6439 (service of originating application to recover unoccupied land)	
r 18C (defendant taken to be served by
entering appearance)	r 73 (defendant taken to be served by
filing notice of intention to respond or	

	defence);
r 5109 (appeals to Supreme Court– respondent taken to be served by filing notice of intention to respond);
r 5411 (appeals to Court of Appeal– respondent taken to be served by filing notice of intention to respond)	
r 18D (service on partners sued in firm
name)	r 6433 (service of originating process on
partnership)	
r 19 (cause book)	r 6302 (cause book)	
r 20 (solicitor’s declaration as to filing)	r 72 (originating process–solicitor’s
statement about filing)	
r 21 (directions hearings)		
r 22 (interlocutory hearings)		
		
Division 2.2 (duration and renewal of originating applications)	See now rule 74 (originating process–
duration and renewal)	
r 23 (duration of originating applications)	r 74 (originating process–duration and
renewal)	
r 24 (renewal for good cause)	r 74 (originating process–duration and
renewal)	
r 25 (renewal to avoid statute-bar)	r 74 (originating process–duration and
renewal)	
r 26 (endorsement of renewal)	r 74 (originating process–duration and
renewal)	
		
Division 2.3 (inactive cases)	[Not retained in rules – will be dealt with
administratively]	
r 27 (list of inactive cases)		
r 28 (entry on list – 7 months after
commencement of action)		
r 29 (entry on list – 4 months after
renewal of originating application)		
r 30 (removal from list)		
r 31 (dismissal of action following entry
on list)	r 75 (when proceeding struck out);
r 76 (reinstating struck out proceeding)	
		
Division 2.4 (evidence)		
r 32 (sealing of originating applications)		

Order 3 (uncontested actions –
debts and liquidated demands)	
See now Division 2.11.1 (uncontested debts and liquidated demands)	
r 1 (payment of amounts claimed in
originating applications)	r 1102 (stay of debt etc proceeding on
payment of amount sought)	
r 2 (taxation of costs)	r 1103 (assessment of costs for stayed
debt etc proceeding)	
r 3 (taxation of costs – judgment in	r 1121 (default judgment for debt or	

default of appearance)	liquidated demand–assessment of costs)	

Order 8 (representation by solicitors)	
Part 2.21 (representation by solicitors)	
r 1 (1) (right of proceeding in court)	r 30 (who may start and carry on a
proceeding)	
r 1 (2) (right of proceeding in court)	r 275 (person with legal disability–
litigation guardian to start proceeding etc)	
r 2 (notice of change of solicitor)	r 2803 (change of solicitor);
r 4707 (Supreme Court criminal proceedings–change of solicitor)	
r 3 (notice of appointment of solicitor)	r 2802 (change between acting personally
and acting by solicitor)	
r 4 (notice of intention to act in person)	r 2802 (change between acting personally
and acting by solicitor)	
r 5 (removal of solicitor from the record)	r 2804 (removal of solicitor by court);
r 4708 (Supreme Court criminal proceedings–removal of solicitor by court)	
r 5 (3) (removal of solicitor from the
record)	r 2808 (effect of removal of, or leave to
leave to withdraw as, solicitor)	
r 6 (1) (withdrawal of solicitor from the
record)	r 2806 (application for leave to withdraw
as solicitor);
r 2807 (leave to withdraw as solicitor)	
r 6 (2) & (3) (withdrawal of solicitor from
the record)	r 2807 (leave to withdraw as solicitor)	
r 6 (4) (withdrawal of solicitor from the
record)	r 2808 (effect of removal of, or leave to
leave to withdraw as, solicitor)	
r 8 (solicitor not to act for adverse
parties)	r 2810 (solicitor not to act for adverse
parties)	

Order 10 (service of documents in Australia)	
See now Part 6.8 (service)	
r 1 (application of o 10)	r 6400 (application–pt 6.8)	
r 2 (documents not generally required to
be served personally)		
r 3 (acceptance of service by solicitor)	r 6464 (acceptance of service by solicitor)	
r 4 (non-personal service of documents)	r 6420 (ordinary service–address for
service);
r 6450 (time of service at address for service)	
r 5 (service on defendant by filing if no
appearance or address)	r 6421 (service by filing)	
r 6 (service if no-one found at plaintiff’s
address for service)	r 6438 (service if no-one found at party’s
address for service)	
r 7 (service on defendants who are
children)	r 6435 (service on children)	

r 8 (service on defendants with a mental
disability)	r 6436 (service on people with mental
disabilities)	
r 9 (service of documents on both
spouses)		
r 10 (service on a corporation–Companies
Ordinance 1962 or Companies Act
1981)		
r 11 (service on a corporation–
Corporations Act)	r 6431 (service on corporations–
generally);
see also r 6432 (service on corporations–
additional ways for all corporations)	
r 12 (substituted service)	r 6460 (substituted service)	
r 13 (affidavit of service)	r 6467 (proof of service)	
r 14 (inconvenient address for service)	r 6141 (rejecting documents–
inconvenient address for service)	
r 15 (change of address for service)	r 6469 (change of address for service)	
r 16 (email service–other matters)	r 6466 (email service–other matters)	
r 17 (service of subpoenas)	r 6480 (subpoena–service on solicitor);
r 6481 (subpoena–service on medical expert)	
r 18 (notice instead of subpoena to
medical expert)	r 6482 (medical expert–notice instead of
subpoena)	
r 19 (no shortening of time for service)	r 6483 (medical expert–no shortening of
time for service of notice)	

Order 12 (service of documents outside Australia)	
See now Division 6.8.9 (service outside Australia–general) and Division 6.8.11 (service of foreign legal process in the ACT)	
r 2 (jurisdictional criteria)	r 6501 (service outside Australia–service
of originating process without leave)	
r 3 (jurisdiction by consent)		
r 4 (application for leave)	r 6505 (service outside Australia–leave for service)	
r 6 (time for appearance)	r 6507 (service outside Australia–
directions etc)	
r 9 (application of o 12 to other
originating process)	r 6505 (service outside Australia–leave
for service)	
r 10 (service where a convention applies)	r 6510 (service outside Australia–service
in convention countries)	
r 11 (letters of request)	r 6540 (letter of request from foreign
tribunal–procedure)	
r 12 (consequential orders)	r 6512 (service outside Australia–other
orders);
r 6541 (order for substituted service etc for div 6.8.11)	

Order 13 (appearance)	
See now Part 2.3 (notice of intention to respond and defence)	
r 1 (entry of appearance)	r 100 (no step without notice of intention
to respond or defence)	
r 2 (1) & (2) (mode of appearance)	r 101 (notice of intention to respond or
defence–details to be included);
r 102 (notice of intention to respond or defence–filing and service)	
r 2 (3) (mode of appearance)	r 102 (notice of intention to respond or
defence–filing and service)	
r 2 (6) to (8) (mode of appearance)	r 106 (defendant may submit to judgment
by notice of intention to respond)	
r 3 (notice of appearance)	r 102 (notice of intention to respond or
defence–filing and service)	
r 6 (defective address)		
r 8 (entry in cause book)		
r 9 (several defendants)	r 107 (notice of intention to respond or
defence–several defendants with same solicitor)	
r 10 (appearance not entered on
undertaking)		
r 11 (late appearances)	r 103 (notice of intention to respond or
defence–late filing or service)	
r 12 (actions for the recovery of land –
appearance by person not named in the application)	r 150 (application–div 2.3.2);
r 151 (proceeding for possession of land–
leave to file defence etc);
r 152 (proceeding for possession of land–
filing defence etc);
r 153 (proceeding for possession of land–
service of defence etc)	
r 13 (actions for recovery of land –
appearances by persons not in possession)	r 150 (application–div 2.3.2)	
r 14 (actions for recovery of land –
statement of landlord’s interest)	r 150 (application–div 2.3.2);
r 152 (proceeding for possession of land–
filing defence etc)	
r 15 (actions for recovery of land –
limitation of defence to part of land)	r 150 (application–div 2.3.2);
r 151 (proceeding for possession of land–
leave to file defence etc)	
r 16A (conditional appearance)	r 111 (conditional notice of intention to
respond)	
r 17 (setting aside originating process etc)	r 40 (setting aside originating process etc)	
r 17 (2) (setting aside originating process
etc)	r 6503 (service outside Australia–setting
aside service of originating process etc)	
r 17 (3) (a) (setting aside originating
process etc)	r 6015 (application in proceeding–
application under r 40)	

Order 14 (default of appearance)	
See now Division 2.11.3 (default by defendant)	
r 1 (interpretation – time for appearance)	r 1117 (when is a defendant in default–
generally)	
r 2 (affidavit of service)	r 1117 (when is a defendant in default–
generally);
r 1119 (default judgment–relevant affidavits)	
r 3 (default by defendant with a legal
disability)	r 279 (person with legal disability–effect
of no notice of intention to respond or defence);
r 280 (litigation guardian–appointment and removal by court);
r 1117 (when is a defendant in default–
generally)	
r 4 (claims for debt and liquidated
demands – final judgment)	r 1117 (when is a defendant in default–
generally);
r 1120 (default judgment–debt or liquidated demand)	
r 5 (claims for pecuniary damages or for
the detention of goods – interlocutory judgment)	r 1117 (when is a defendant in default–
generally)	
r 5 (1) (claims for pecuniary damages or
for the detention of goods –
interlocutory judgment)	r 1122 (default judgment–unliquidated
damages);
r 1123 (default judgment–detention of goods)	
r 8 (possession of land where no
appearance)	r 1117 (when is a defendant in default–
generally);
r 1124 (default judgment–recovery of possession of land)	
r 9 (recovery of land – mesne profits,
damages etc)	r 1117 (when is a defendant in default–
generally)	
r 9A (trial of action after entry of
interlocutory judgment)	r 1117 (when is a defendant in default–
generally)	
r 9B (form of interlocutory or final
judgment)	r 1117 (when is a defendant in default–
generally)	
r 10 (judgment may be set aside or
varied)	r 1117 (when is a defendant in default–
generally);
r 1128 (default judgment–setting aside etc)	
r 11 (default of appearance in other cases)	r 1117 (when is a defendant in default–
generally);
r 1126 (default judgment–other claims)	

Order 15 (summary judgment on statement of claim)	
See now Division 2.11.5 (summary judgment)	
r 1A (application of o 15)	r 1145 (application–div 2.11.5);	

	r 1146 (summary judgment–for plaintiff)	
r 1 (summary judgment)	r 1146 (summary judgment–for plaintiff)	
r 1 (1) & (5) (summary judgment)	r 1145 (application–div 2.11.5)	
r 1 (2) & (3) (summary judgment)	r 1149 (evidence in summary judgment
proceedings)	
r 2 (application by motion on notice)	r 1150 (summary judgment applications–
filing and service)	
r 3 (defence)		
r 4 (summary judgment for part of claim)	r 1146 (summary judgment–for plaintiff)	
r 5 (multiple defendants)	r 1148 (claims not disposed of by
summary disposal)	
r 6 (leave on terms)	r 1146 (summary judgment–for plaintiff)	
r 7 (summary disposal)		
r 9 (directions as to trial)	r 1151 (summary judgment applications–
directions etc)	
r 11 (relief from forfeiture)	r 1154 (summary judgment–relief from
forfeiture)	

Order 16 (summary judgment for specific performance)	
See now Division 2.11.5 (summary judgment)	
r 1A (application of o 16)	r 1145 (application–div 2.11.5);
r 1146 (summary judgment–for plaintiff)	
r 1 (summary judgment)	r 1146 (summary judgment–for plaintiff)	
r 2 (application by motion on notice)	r 1146 (summary judgment–for plaintiff)	
r 3 (defence)	r 1146 (summary judgment–for plaintiff)	
r 4 (leave on terms)	r 1146 (summary judgment–for plaintiff)	
r 5 (summary disposal)	r 1146 (summary judgment–for plaintiff)	
r 6 (directions as to trial)	r 1146 (summary judgment–for plaintiff);
r 1150 (summary judgment applications–
directions etc)	

Order 17 (summary judgment by defendant)	
See now Division 2.11.5 (summary judgment)	
r 1 (summary judgment)	r 1147 (summary judgment–for
defendant)	
r 1 (1) (summary judgment)	r 1145 (application–div 2.11.5)	
r 2 (defence by plaintiff)		
r 3 (directions)	r 1151 (summary judgment applications–
directions etc)	

Order 18 (application for account)	
See now Part 2.20 (trusts, estates, accounts and enquiries)	
r 1 (order for accounts)	r 2721 (account–order for account)	

Order 19 (parties)	
Part 2.4 (parties and proceedings)	
		
Division 19.1 (generally)	See now:
Division 2.4.2 (including and substituting parties);
Division 2.4.4 (included or changed parties–future conduct of proceedings);
Division 2.4.7 (representation–
numerous concurrent interests)	
r 1 (1) (persons claiming jointly,
severally, or in the alternative may be plaintiffs)	r 211 (including parties–common issues
of law or fact)	
r 1 (2) (persons claiming jointly,
severally, or in the alternative may be plaintiffs)	r 217 (including parties inconveniently
etc)	
r 1 (3) (persons claiming jointly,
severally, or in the alternative may be plaintiffs)	r 217 (including parties inconveniently
etc)	
r 2 (no other action to be brought for
same claim)	r 211 (including parties–common issues
of law or fact)	
r 3 (plaintiffs may be substituted or
added)	r 220 (Court may include party if
appropriate or necessary);
r 221 (plaintiffs may be included or substituted)	
r 4 (counterclaim or set-off in case of
misjoinder)	r 219 (counterclaim or set-off when co-
plaintiff wrongly included)	
r 5 (defendants may be sued jointly,
severally, or in the alternative)	r 211 (including parties–common issues
of law or fact);
r 212 (including parties–defendants may be sued jointly, severally, or in alternative)	
r 6 (defendant having only partial
interest)	r 216 (including defendants–identical
interest in relief unnecessary)	
r 7 (plaintiff may join parties jointly and
severally liable)	r 214 (including parties–joint or several
liability)	
r 8 (plaintiff in doubt may join defendants
for alternative redress)	r 215 (including parties–plaintiff in doubt
about defendant etc)	
r 9 (trustees, executors, and representative
parties)	r 256 (representation–by trustees and
personal representatives)	
r 10 (where parties are numerous)	r 266 (representation–numerous
concurrent interests)	
r 11 (power to approve compromise in
absence of some persons interested)		
r 12 (1) amendment on misjoinder or
nonjoinder of parties)	r 210 (necessary parties);
r 218 (including parties–parties incorrectly included or not included)	

r 12 (2) (a) (amendment on misjoinder or
nonjoinder of parties)	r 230 (removing parties)	
r 12 (2) (b) and (3) (amendment on
misjoinder or nonjoinder of parties)	r 220 (Court may include party if
appropriate or necessary)	
r 12 (3) (amendment on misjoinder or
nonjoinder of parties)	r 220 (Court may include party if
appropriate or necessary);
r 230 (removing parties)	
r 12 (4) amendment on misjoinder or
nonjoinder of parties)	r 222 (inclusion or substitution as
plaintiff requires agreement)	
r 13 (application as to parties)		
r 14 (1) (change of parties – amendment
of application and service etc)	r 241 (included or substituted defendant–
filing and service of amended originating process)	
r 14 (2) (change of parties – amendment
of application and service etc)	r 242 (included or substituted parties–
date proceeding taken to start)	
r 15 (probate actions)		
r 15A (title of proceedings after change of
parties)		
		
Division 19.2 (people with legal disability)	Division 2.4.9 (people with a legal disability)	
r 16 (meaning of sue and defend)		
r 17 (children)	r 275 (person with legal disability–
litigation guardian to start proceeding etc)	
r 18 (people with a mental disability)	r 275 (person with legal disability–
litigation guardian to start proceeding etc)	
r 19 (appearance of people with a legal
disability)	r 275 (person with legal disability–
litigation guardian to start proceeding etc)	
r 20 (1) (appointment of litigation
guardian)	r 278 (becoming a litigation guardian)	
		
r 21 (written authority of litigation
guardian or relator)	r 278 (becoming a litigation guardian)	
r 21 (1) (written authority of litigation
guardian or relator)	r 276 (who may be litigation guardian)	
r 22 (consent on behalf of person with a
legal disability)	r 275 (person with legal disability–
litigation guardian to start proceeding etc)	
		
Division 19.3 (administration and execution of trusts)	See now Division 2.4.6 (representation– trustees and personal representation) and
Division 2.20.2 (taking of accounts)	
r 37 (heir-at-law, next of kin, class)	r 259 (representation–proceeding about administration of deceased person’s
estate or trust property)	
r 37A (power to appoint persons to
represent absent parties)	r 259 (representation–proceeding about
administration of deceased person’s estate or trust property)	
r 38 (residuary legatees or next of kin)		

r 39 (legatees where legacy charged on
real estate)		
r 40 (residuary devisee)		
r 41 (beneficiaries)		
r 42 (waste)		
r 43 (executors etc)		
r 44 (conduct of action)		
r 45 (notice of judgment to be given)	r 2722 (account–orders);
r 2723 (accounts–service of order etc)	
r 46 (order to attend unnecessary)	r 2722 (account–orders)	
r 47 (entry of memorandum of service)		
r 48 (notice of judgment)		
r 49 (service of notice on person with a
legal disability)		
r 50 (heir-at-law not necessary party)		
r 51 (procedure where no personal
representative)	r 261 (representation–interests of
deceased person’s estate)	
r 52 (parties to administration
proceedings)		

Order 20 (third-party procedure)	
Part 2.5 (third-party and similar proceedings)	
r 1 (1) third-party claim and form)	r 302 (third-party proceeding–when
available);
r 304 (third-party notice– additional matters for claims for debt and liquidated demands);
r 305 (third-party notice–statement of claim for certain personal injury claims)	
r 1 (2) (third-party claim and form)	r 303 (third-party notice–content etc);
r 305 (third-party notice–statement of claim for certain personal injury claims)	
r 2 (issuing of claim)	r 306 (third-party notice–filing)	
r 3 (service of claim)	r 308 (third-party notice–service)	
r 4 (rights of third party in action)	r 309 (third-party notice–effect of service
on third party)	
r 5 (time for appearance)	r 311 (third-party notice–notice of
intention to respond and defence)	
r 6 (appearances)	r 311 (third-party notice–notice of
intention to respond and defence)	
r 7 (defence and pleadings after service)	r 311 (third-party notice–notice of
intention to respond and defence)	
r 8 (procedure on default before trial)	r 314 (third-party notice–default by third party)	
r 9 (a) and (b) (procedure on trial)	r 316 (third-party notice–hearing)	
r 9 (c) (procedure on trial)	r 317 (third-party–extent bound by
judgment between plaintiff and defendant)	

r 10 (judgment on third-party claim)	r 318 (third-party notice–judgment
between defendant and third party)	
r 11 (costs)		
r 12 (fourth and subsequent parties)	r 322 (third-party notice–fourth and
subsequent parties)	
r 13 (service of pleadings)		
r 14 (counterclaims)		
r 15 (codefendants)	r 319 (notice claiming contribution or
indemnity against another defendant); r 320 (notice claiming contribution or indemnity–filing and service etc)	

Order 21 (change of parties by devolution or transfer)	
See now Division 2.4.3 (changing parties) and Division 2.4.4 (included or
changed parties–future conduct of proceedings)	
r 1 (effect of death or bankruptcy)	r 231 (party becomes bankrupt, dies or
becomes person with mental disability )	
r 2 (change of party – new party)	r 231 (party becomes bankrupt, dies or
becomes person with mental disability )	
r 2 (7) (change of party – new party)	r 241 (included or substituted defendant–
filing and service of amended originating process)	
r 2 (8) (change of party – new party)	r 242 (included or substituted parties–
date proceeding taken to start)	
r 3 (change of party – new side or
capacity)	r 231 (party becomes bankrupt, dies or
becomes person with mental disability )	
r 4 (variation or discharge of order for
new party etc)	r 231 (party becomes bankrupt, dies or
becomes person with mental disability );
r 232 (amending or setting aside order for new party made on death etc of party)	
r 5 (notation of order in cause book)		
r 6 (death and no continuation)	r 233 (failure to proceed after death of
party)	

Order 22 (joinder of causes of action)	
See now Division 2.4.1 (including causes of action)	
r 1 (joinder of several causes)	r 200 (including causes of action);
r 202 (including causes of action inconveniently etc)	
r 3 (claims by trustee in insolvency)	r 200 (including causes of action)	
r 4 (husband and wife)	r 200 (including causes of action)	
r 5 (executors)	r 200 (including causes of action)	
r 6 (joint and separate claims)	r 201 (joint and separate claims)	
r 7 (subject to r 1, r 8 and r 9)	r 200 (including causes of action)	

r 8 (application of defendant to confine
action)	r 202 (including causes of action
inconveniently etc)	
r 9 (judge may exclude causes
inconvenient to be joined)	r 202 (including causes of action
inconveniently etc)	

Order 23 (pleading generally)	
Part 2.6 (pleadings)	
r 1 (pleading rules)		
r 2 (pleadings and particulars not to be
prolix)	r 406 (pleadings–statements in)	
r 3 (set-off or counterclaim)		
r 3 (1) (set-off or counterclaim)	r 456 (pleadings–defence of set-off);
r 461 (counterclaim–against plaintiff)	
r 4 (1) (statements in pleadings)	r 405 (pleadings–formal requirements);
r 406 (pleadings–statements in)	
r 4 () (statements in pleadings)		
r 4A (name of settling counsel to be
included in pleadings)	r 405 (pleadings–formal requirements)	
r 5 (forms of pleading)		
r 6 (particulars in pleading)	r 430 (pleadings–all necessary particulars
must be included);
r 433 (pleadings–how particulars must be given)	
r 6 (1) (particulars in pleading)	r 407 (pleadings–matters to be
specifically pleaded)	
r 7 (further statement or particulars)	r 434 (pleadings–application for better
particulars)	
r 8 (letter for particulars)	r 6742 (applicant’s letter to respondent)	
r 9 (time for pleading after particulars)	r 434 (pleadings–application for better
particulars)	
r 10 (pleadings to be in writing)	r 405 (pleadings–formal requirements)	
r 11 (filing and service of pleadings etc
and information on pleadings)		
r 13 (allegations not denied are admitted
except against person with a legal disability)	r 447 (pleadings–allegations admitted
unless denied etc)	
r 14 (conditions precedent)	r 412 (pleadings–conditions precedent)	
r 15 (special matters to be pleaded)	r 406 (pleadings–statements in);
r 407 (pleadings–matters to be specifically pleaded)	
r 16 (no departure)	r 414 (pleadings–inconsistent allegations
etc)	
r 17 (denial of allegations to be specific)	r 441 (pleadings–denials and non-
admissions)	
r 19 (denial to be substantial answer)	r 441 (pleadings–denials and non-
admissions)	
r 20 (effect of denial of contract)	r 446 (pleadings–denial of contract)	
r 21 (contents of document)	r 411 (pleadings–references to spoken
words and documents)	

r 23 (of notice)	r 415 (pleadings–notice pleaded as a fact)	
r 24 (of implied contract or relation)	r 416 (pleadings–implied contracts or
relations)	
r 25 (presumptions of law)	r 409 (pleadings–certain facts need not be
pleaded)	
r 26 (actions for trespass)		
r 27 (technical objection)	r 410 (pleadings–technical objections)	
r 28 (striking out scandals and matters
tending to embarrass or delay)	r 425 (pleadings–striking out)	

Order 24 (statement of claim)	
See now Division 2.6.2 (rules of pleading)	
r 2 (probate actions)		
r 3 (alteration of claim without
amendment of writ)		
r 4 (specific relief to be claimed)	r 419 (pleadings–other relief)	
r 5 (several claims and defences)	r 405 (pleadings–formal requirements)	
r 6 (account stated)		
r 7 (probate actions)		

Order 25 (defence and counterclaim)	
See now Division 2.6.5 (answering pleadings); Division 2.6.6 (special defences); and
Division 2.6.7 (counterclaims)	
r 1 (defence to claims for debt and
liquidated demands)	r 442 (pleadings–defence to debt and
liquidated demand claims)	
r 1A (defences to motor vehicle and
employment personal injuries claims)	r 443 (pleadings–defence to motor
vehicle and employment personal injury claims)	
r 2 (bills of exchange etc)	r 444 (pleadings–defence to proceeding
on bill of exchange etc)	
r 4 (damages)	r 441 (pleadings–denials and non-
admissions)	
r 5 (representative capacities specifically
traversed)	r 445 (pleadings–denial of representative
capacity or partnership constitution)	
r 6 (time for delivery of defence)		
r 7 (leave to defend under)		
r 8 (time for defence)		
r 9 (costs of improper traverse or refusal
to admit)	r 448 (pleadings–unreasonable denials
and non-admissions)	
r 10 (counterclaim to be so stated)	r 461 (counterclaim–against plaintiff)	
r 11 (defence including person not party)	r 462 (counterclaim–against additional
party);
r 464 (counterclaim–pleading)	
r 12 (service on person not party)	r 462 (counterclaim–against additional	

	party)	
r 13 (must appear)	r 462 (counterclaim–against additional
party)	
r 14 (may deliver reply)	r 466 (counterclaim–answer to)	
r 15 (counterclaim may be excluded from
action)	r 471 (counterclaim–order for separate
hearing)	
r 16 (counterclaim may proceed though
action stayed)	r 472 (counterclaim–after judgment etc in
original proceeding)	
r 17 (judgment may be given for defendant for balance)	r 456 (pleadings–defence of set-off);
r 473 (counterclaim–judgment for balance)	
r 18 (notice in probate actions)		
r 19 (no pleading in abatement)		
r 20 (plea of the title unnecessary)		
r 21 (defence of judgment recovered)		
r 22 (existence of record)		

Order 26 (payment into and out of court and tender)	
Part 2.10 (payment into court)	
r 1 (payment into court – amount)	r 1000 (payment into court–amount)	
r 1 (6) (payment into court – amount)	r 455 (pleadings–defence of tender)	
r 2 (payment into court – bond)	r 1002 (payment into court–bond)	
r 3 (payment into court – security)	r 1003 (payment into court–security)	
r 4 (interest up to date of payment into
court)	r 1004 (payment into court–interest up to
date of payment)	
r 5 (payment in by defendant who has
counterclaimed)	r 1005 (payment into court–defendant
who has counterclaimed)	
r 6 (plaintiff may accept payment etc)	r 1006 (payment into court–acceptance
by plaintiff)	
r 7 (plaintiff accepts payment – costs)	r 1007 (payment into court–costs on
acceptance by plaintiff)	
r 8 (plaintiff accepts payment –
counterclaim)	r 1008 (payment into court–effect on
counterclaim of acceptance by plaintiff)	
r 9 (payment out of amount remaining in
court)	r 1009 (payment into court–payment out
of remaining amount)	
r 10 (payment into court by defendant to
counterclaim)	r 1010 (payment into court–defendant to
counterclaim)	
r 11 (nondisclosure of payment into court
etc)	r 1011 (payment into court–
nondisclosure)	
r 12 (payment in under order)	r 1013 (payment into court–payment of
amount paid into court under order)	
r 13 (approval of settlement of action by
person with a legal disability)	r 1016 (person with legal disability–
approval of settlement etc)	
r 14 (amount recovered by person with
legal disability to be paid into court)	r 1015 (payment into court–amount
recovered by person with legal disability)	
r 15 (court orders about recovered etc
amounts)	r 1017 (person with legal disability–
orders about recovered amounts etc)	

Order 27 (reply and close of pleadings)	
See now Division 2.6.7 (counterclaims) and Division 2.6.8 (progress of pleading)	
r 1 (time for delivery of reply)	r 469 (counterclaim–response to answer);
r 480 (pleadings–reply to defence)	
r 2 (defence to counterclaim)		
r 2 (1) (counterclaim–answer to)	r 466 (counterclaim–answer to)	
r 2 (3) (counterclaim–answer to)	r 470 (counterclaim–conduct and
pleading)	
r 3 (1) (close of pleadings)	r 482 (pleadings–joinder of issue);
r 483 (pleadings–close)	
r 3 (2) (counterclaim–answer to)	r 468 (counterclaim–effect of no answer)	
r 3 (3) (counterclaim–answer to)	r 466 (counterclaim–answer to)	

Order 28 (matters arising pending the action)	
See now Part 2.6 (pleadings)	
r 1 (defence arising before statement of
defence)	r 413 (pleadings–matters arising after
start of proceeding)	
r 2 (defence arising after statement of
defence)	r 104 (ground of defence arising after
defence filed etc);
r 467 (counterclaim–defence arising after answer);
r 481 (pleadings–after reply)	
r 3 (confession of defence)	r 449 (pleadings–confession of defence)	

Order 29 (proceedings in lieu of demurrer)	
See now Part 2.6 (pleadings)	
r 1 (no demurrer allowed)		
r 2 (points of law, how disposed of)	r 406 (pleadings–statements in)	
r 3 (order thereon)		
r 4 (striking out pleadings)	r 425 (pleadings–striking out)	
r 5 (declaratory judgment)	r 2900 (declaratory order)	

Order 30 (discontinuance)	
See now Division 2.11.6 (discontinuance and withdrawal)	
r 1 (may be entire or partial)	r 1160 (discontinuance or withdrawal by
plaintiff)	
r 1 (2) (may be entire or partial)	r 1167 (discontinuance or withdrawal–
subsequent proceeding)	
r 1A (striking out defence)	r 1160 (discontinuance or withdrawal by
plaintiff);
r 1164 (withdrawal of defence or further pleading)	

r 2 (withdrawal by consent)		
r 3 (costs)	r 1163 (costs of discontinuance or
withdrawal)	
r 4 (subsequent action stayed until costs
paid)	r 1169 (stay pending payment of costs)	

Order 31 (default of pleading)	
See now Division 2.11.3 (default by defendant) and
Division 2.11.4 (default by defendant–partial defence)	
r 1 (nondelivery of statement of claim)	r 1110 (default by plaintiff–dismissal of
proceeding);
r 1117 (when is a defendant in default–
generally)	
r 2 (claims for debt and liquidated
demands)	r 1120 (default judgment–debt or
liquidated demand)	
r 4 (damages, detention of goods)	r 1122 (default judgment–unliquidated
damages);
r 1123 (default judgment–detention of goods)	
r 5 (on default of 1 or more of several
defendants)		
r 6 (claims for debt and liquidated
demands)		
r 7 (recovery of land)	r 1124 (default judgment–recovery of
possession of land)	
r 8 (mesne profits)		
r 9 (where a defence is delivered to part
of claim only)	r 1137 (when is a defendant in default–
partial defence);
r 1138 (default judgment–partial defence)	
r 9A (application for final judgment –
debt or liquidated amount)	r 1120 (default judgment–debt or
liquidated demand)	
r 9B (trial of action after entry of
interlocutory judgment)		
r 10 (probate actions)		
r 11 (motion for judgment on default)	r 1126 (default judgment–other claims)	
r 12 (on default of 1 of several
defendants)		
r 13 (default of any other party to issue)		
r 13A (form of interlocutory or final
judgment)		
r 14 (judgment by default may be set
aside)	r 1128 (default judgment–setting aside
etc)	

Order 32 (amendment)	
Part 2.7 (amendment)	
r 1 (1) (by order or with leave)	r 502 (amendment–of documents)	
r 1 (2) (by order or with leave)	r 501 (amendment–when must be made)	

r 1 (3) (by order or with leave)	r 502 (amendment–of documents);
r 503 (amendment–after limitation period)	
r 1 (5), (6) & (7) (by order or with leave)	r 503 (amendment–after limitation
period)	
r 1 (8) (by order or with leave)	r 502 (amendment–of documents)	
r 2 (without leave)	r 505 (amendment–of pleadings before
close of pleadings)	
r 3 (answering pleading)	r 512 (amendment–pleading to)	
r 4 (time for filing or amending
answering pleading)	r 512 (amendment–pleading to)	
r 5 (failure to amend answering pleading)	r 512 (amendment–pleading to)	
r 6 (time for reply to unamended defence)		
r 7 (disallowance of amendment)	r 506 (amendment–of pleadings
disallowed)	
r 8 (scandalous etc matter)		
r 9 (directions for mode)	r 509 (amendment–procedure)	
r 10 (mode – simple amendment)	r 509 (amendment–procedure)	
r 11 (mode – fresh document)	r 509 (amendment–procedure)	
r 12 (service after amendment)	r 511 (amendment–service of amended or
revised document etc)	
r 13 (costs)	r 513 (amendment–costs)	
r 14 (judgments and orders – accidental
slips or omissions)	r 6906 (mistakes in orders or court
certificates)	

Order 33 (directions)	
See now Division 2.14.1 (directions)	
r 1 (1) (directions)	r 1400 (directions–application)	
r 1 (2) (directions)	r 1401 (directions generally)	
r 2 (form of application)		
r 3 (affidavit not to be used)	r 1400 (directions–application)	
r 4 (when application to be made)		

Order 33A (failure to conduct proceedings)	
See now Division 2.11.2 (default by plaintiff)	
r 1 (power to stay or dismiss)	r 1110 (default by plaintiff–dismissal of
proceeding)	

Order 33B (security for costs)	
See now Division 2.17.8 (security for costs)	
r 1 (meaning of defendant and plaintiff
for o 33B)		
r 2 (application procedure)	r 1900 (security for costs–application for
order)	
r 3 (1) (circumstances in which order may	r 1901 (security for costs–when court	

be made)	may make order)	
r 3 (2) (circumstances in which order may
be made)	r 1900 (security for costs–application for
order)	
r 4 (value and mode of security)	r 1903 (security for costs–way security
given)	

Order 34 (discovery)	
Part 2.8 (disclosure)	
		
Division 34.1 (definitions for order 34)	Division 2.8.1 (interpretation–pt 2.8)	
r 1 (definitions for o 34)	r 600 (definitions–pt 2.8)	
r 2 (meaning of privileged from
production for o 34)	r 601 (meaning of privileged from
production–pt 2.8)	
		
Division 34.2 (disclosure of documents)	Division 2.8.2 (disclosure of documents)	
r 3 (discoverable documents)	r 605 (discoverable documents)	
r 4 (notice to disclose discoverable
documents)	r 607 (notice to disclose discoverable
documents)	
r 5 (orders about disclosure)	r 606 (orders about disclosure)	
r 6 (list of documents)	r 608 (list of discoverable and privileged
documents etc)	
r 6 (1) (d) (list of documents)	r 609 (claim for privilege–challenge etc)	
r 7 (continuing disclosure)	r 611 (continuing disclosure)	
		
Division 34.3 (production and inspection)	See now Division 2.8.2 (disclosure of documents) and
Division 2.8.3 (production and inspection)	
r 8 (1) (claims for privilege for
documents)	r 610 (claim for privilege–waiver)	
r 8 (2) (claims for privilege for
documents)	r 609 (claim for privilege–challenge etc)	
r 9 (production of documents for
inspection)	r 620 (production of documents for
inspection)	
r 10 (orders about production of
documents for inspection)	r 621 (orders about production of
documents for inspection)	
r 11 (effect of inspection of documents
disclosed by another party)	r 622 (effect of inspection of documents
disclosed by another party)	
r 12 (production of documents at hearing
of action)	r 623 (production of documents at
hearing of proceeding)	
		
Division 34.4 (interrogatories)	Division 2.8.4 (interrogatories)	
r 13 (service of interrogatories)	r 630 (service of interrogatories)	
r 14 (objections to answer)	r 631 (objections to answer
interrogatories)	
r 15 (orders about interrogatories)	r 632 (orders about interrogatories)	
r 16 (answers to interrogatories)	r 633 (answers to interrogatories)	
r 17 (answers to interrogatories–belief)	r 634 (answers to interrogatories–belief)	

r 18 (affidavits verifying answers)	r 635 (answers to interrogatories to be
verified)	
r 19 (tendering of answers to
interrogatories in evidence)	r 636 (tendering of answers to
interrogatories in evidence)	
		
Division 34.5 (who may verify list of documents or answers to interrogatories?)	Division 2.8.5 (who may verify list of documents or answers to interrogatories?)	
r 20 (answers by governments,
corporations etc)	r 640 (answers by governments,
corporations etc)	
r 21 (party who cannot answer
personally)	r 641 (party cannot swear affidavit
personally)	
		
Division 34.6 (penalty provisions)	See now Division 2.8.8 (discovery–
other provisions)	
r 22 (contravention of order of the court)	r 670 (contravention of pt 2.8 order–
contempt of court)	
r 23 (solicitor to notify party of certain
matters)	r 672 (solicitor to notify party of certain
matters about 2.8)	
r 24 (improper use of disclosed
document)	r 673 (improper use of disclosed
document)	
r 25 (noncompliance with order)	r 671 (contravention of pt 2.8 order–other
action)	
r 26 (failure to disclose document)	r 674 (failure to disclose document)	
		
Division 34.7 (practice directions)	See now Division 2.8.8 (discovery–
other provisions)	
r 27 (practice directions about discovery
by electronic means)	r 675 (discovery by electronic means–
practice notes);
r 6125 (practice notes about filing)	

Order 34A (preliminary discovery)	
See now Division 2.8.6 (preliminary discovery)	
r 1 (definitions for o 34A)	r 650 (discovery to identify potential
defendant)	
r 2 (privilege)	r 652 (order under div 2.8.6–privilege)	
r 3 (discovery to identify defendant)	r 650 (discovery to identify potential
defendant)	
r 4 (conduct money)	r 650 (discovery to identify potential
defendant)	
r 5 (discovery to identify right to obtain
relief)	r 651 (discovery to identify right to
obtain relief)	
r 6 (1) (applicant who is party to a
proceeding)	r 650 (discovery to identify potential
defendant)	
r 6 (2) (applicant who is party to a
proceeding)	r 651 (discovery to identify right to
obtain relief)	
r 7 (service of application and supporting
affidavit)	r 650 (discovery to identify potential
defendant);	

	r 651 (discovery to identify right to
obtain relief)	
r 8 (order for inspection, preservation etc
of property)		

Order 34B (non-party production)	
See now Division 2.8.7 (Non- party production)	
r 1 (definitions for o 34B))	r 600 (definitions–pt 2.8)	
r 2 (notice for non-party production)	r 660 (notice for non-party production–
issue)	
r 3 (form of notice)	r 660 (notice for non-party production–
issue)	
r 4 (service of notice)	r 661 (notice for non-party production–
service)	
r 5 (inspection by other parties)	r 662 (notice for non-party production–
inspection by other parties)	
r 6 (application to set aside or vary)	r 663 (notice for non-party production–
application to set aside)	
r 7 (1) (privilege or objection)	r 664 (notice for non-party production–
privilege or objection)	
r 7 (2) (privilege or objection)	r 665 (notice for non-party production–
failure to produce documents)	
r 7 (3) (privilege or objection)	r 664 (notice for non-party production–
privilege or objection);
r 665 (notice for non-party production–
failure to produce documents)	
r 8 (copying produced documents)	r 666 (notice for non-party production–
copying produced documents)	
r 9 (costs)	r 667 (notice for non-party production–
costs)	

Order 35 (admissions)	
See now Division 2.6.9 (admissions)	
r 1 (notice of admission of facts)	r 490 (admissions–voluntary admission)	
r 2 (notice to admit documents)	r 491 (admissions–notice to admit facts or
documents)	
r 3 (notice to admit facts)	r 491 (admissions–notice to admit facts or
documents)	
r 6 (judgment or order on admissions of
facts)	r 493 (admissions–orders on)	
r 7 (affidavit of signature to admissions)		
r 8 (notice to produce documents)		
r 9 (costs of notice where documents unnecessary)		

Order 36 (issues, inquiries and accounts)	
See now Part 2.20 (trusts, estates, accounts and inquiries)	
r 1 (preparation of issues)		
r 2 (application for)		
r 3 (inquiry of account at any stage)	r 2721 (account–order for account);
r 2740 (inquiries–procedure for inquiries);
r 2741 (inquiries–orders)	
r 4 (where account ordered court may give special directions as to mode of
taking same)	r 2722 (account–orders)	
r 5 (accounts to be verified by affidavit)	r 2724 (accounts–form and verification)	
r 6 (mode of vouching accounts)	r 2724 (accounts–form and verification)	
r 7 (surcharge)	r 2726 (accounts–challenging account)	
r 9 (directions to be numbered)		
r 10 (just allowances)	r 2728 (accounts–allowances)	
r 11 (registrar to report)		
r 12 (delay in prosecution of accounts)	r 2729 (accounts–delay)	

Order 36A (statement of particulars before trial)	
See now Part 2.13 (pre-trial procedures)	
r 1 (application of o 36A)	r 1304 (statement of particulars before
trial–personal injury claims)	
r 2 (definitions for o 36A)	r 1304 (statement of particulars before
trial–personal injury claims)	
r 3 (statement of particulars)	r 1304 (statement of particulars before trial–personal injury claims)	

Order 37 (questions of law–
special cases)	
See now Division 2.15.3 (separate decisions on questions) and
Division 5.7.1 (questions referred–Supreme Court)1	
r 1A (interpretation)	r 1500 (meaning of question–pt 2.15);
r 5801 (definitions–div 5.7.1);
r 5803 (special case to Supreme Court–
preparation and settling)	
r 1B (application)		
r 1 (special case)	r 1521 (separate decisions on questions–
order)	
r 2 (preliminary question of law)	r 1521 (separate decisions on questions–
order)	

1 Note that there are quite a few new rules in this division that are based on various provisions of Order
86 (appeals to Court of Appeal), which are not listed here, because the new rules only relate to questions to the Supreme Court, and do not have any current equivalent under Order 37.

r 3 (preparation and filing of special case)	r 1521 (separate decisions on questions–
order);
r 5803 (special case to Supreme Court–
preparation and settling)	
r 5 (person with a legal disability)	r 5804 (special case to Supreme Court–
person with legal disability)	
r 6 (directions hearings)	r 1522 (separate decisions on questions–
directions);
r 5805 (special case to Supreme Court–
directions hearing)	
r 6A (insufficient statement of case)	r 5807 (special case to Supreme Court–
insufficient statement of case)	
r 7 (agreement of damages and costs)	r 5809 (special case to Supreme Court–
agreement about damages and costs);
r 5836 (special case to Court of Appeal–
agreement about damages and costs)	

Order 37A (issues of fact without pleadings)	
See now rule 426 (pleadings–
trial without)	
r 1 (trial of questions of fact by consent)	r 426 (pleadings–trial without)	
r 2 (amount agreed to be paid)		
r 3 (judgment and execution)		
r 4 (proceedings may be recorded)		

Order 38 (trial)	
Part 2.15 (trial)	
r 2 (place of trial)		
r 10 (non-appearance of defendant at
trial)	r 1505 (trial–defendant or plaintiff not
appearing)	
r 11 (of plaintiff)	r 1505 (trial–defendant or plaintiff not
appearing)	
r 12 (of plaintiff and defendant)	r 1505 (trial–defendant or plaintiff not
appearing)	
r 13 (special defences where no
pleadings)		
r 14 (judge may call on defendant for
defence in certain cases)		
r 15 (setting aside verdict obtained on
party not appearing)	r 1505 (trial–defendant or plaintiff not
appearing)	
r 16 (judge may postpone trial)	r 1506 (trial–adjournment etc)	
r 17 (habeas corpus where adjournment)		
r 18 (order of evidence and addresses)	r 1508 (order of evidence and addresses)	
r 18 (1) (order of evidence and addresses)	r 1401 (directions generally)	
r 19 (evidence in mitigation of damages
in libel and slander)		
r 21 (judgment to be entered as directed)		
r 22 (note of time occupied)	r 1510 (associate etc to record hearing
times)	

r 23 (associate may enter findings)	r 1511 (associate to enter findings etc)	
r 24 (authority for judgment)	r 1606 (orders–filing)	
r 25 (trial with assessors)	r 1530 (assessors)	
r 26 (writs of trial and inquiry abolished)		
r 28 (calculation of damages)		
r 29 (continuing cause of action)	r 1549 (damages to time of assessment)	

Order 39 (evidence)	
See now Part 6.10 (evidence)
and
Part 2.12 (expert evidence – civil proceedings only)	
		
Division 39.1 (general)	Division 6.10.1 (general–pt 6.10)	
r 1A (definitions for o 39)	r 1201 (meaning of expert, expert witness
and expert report)	
r 1 (examination of witnesses at trial)	r 6700 (way evidence given–civil
proceedings)	
r 2 (evidence in another cause)	r 6702 (evidence in another civil
proceeding etc)	
r 2A (evidence by telephone etc by
consent)	r 6703 (evidence by telephone etc)	
		
Division 39.2 (taking evidence at trial from outside ACT by audiovisual link or audio link)	Division 6.10.6 (taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link)	
r 3 (application for direction)	r 6800 (application for direction under
Evidence (Miscellaneous Provisions) Act, s 20)	
r 4 (supporting affidavit)	r 6800 (application for direction under
Evidence (Miscellaneous Provisions) Act, s 20)	
r 5 (relevant considerations)	r 6800 (application for direction under
Evidence (Miscellaneous Provisions) Act, s 20)	
r 6 (directions)	r 6801 (directions for Evidence
(Miscellaneous Provisions) Act, s 20)	
		
Division 39.3 (taking evidence
otherwise than at trial–examination of witnesses within Australia)	See now Division 6.10.8 (taking evidence otherwise than at trial)	
r 7 (application of div 39.3))		
r 8 (application for Magistrates Court
proceedings)		
r 9 (when order for examination may be
made)	r 6814 (when examination order may be
made)	
r 10 (application for order)	r 6815 (application for examination
order)	
r 11 (appointment of examiner)	r 6816 (appointment of examiner)	

r 12 (forms of order)		
r 13 (documents for examiner)	r 6817 (documents for examiner)	
r 14 (appointment for examination)	r 6818 (time and place of examination
etc)	
r 15 (conduct of examination)	r 6819 (conduct of examination)	
r 16 (examination of additional persons)	r 6820 (examination of additional people)	
r 17 (objections)	r 6821 (objections by party or person
being examined)	
r 18 (recording of depositions)	r 6822 (recording evidence of
examination)	
r 19 (authentication and filing)	r 6822 (recording evidence of
examination);
r 6823 (authenticating and filing of deposition of examination etc)	
r 20 (special report)	r 6824 (special report on examination)	
r 21 (default of witness)	r 6825 (default of witness at examination)	
r 22 (conduct of money)	r 6827 (witness expenses for witness at
examination)	
		
Division 39.4 (taking evidence otherwise than at trial–outside Australia)	See now Division 6.10.8 (taking evidence otherwise than at trial)	
r 23 (application of div 39.4)		
r 24 (when order may be made)		
r 24A (application for order)		
r 24B (forms of order)		
r 24C (letters of request)	r 6829 (letter of request)	
r 24D (order for payment of expenses–r
24C (1) (b) (ii))	r 6829 (letter of request)	
r 24E (procedure for taking evidence by
examination–application of div 39.3 rules)		
r 24E (2) (procedure for taking evidence
by examination–application of div
39.3 rules)	r 6811 (effect of court directions for
examination order)	
r 24F (procedure for taking evidence
under a letter of request–application of div 39.3 rules)		
r 24F (2) (procedure for taking evidence
under a letter of request–application of div 39.3 rules)	r 6812 (application of div 6.10.8 to letter
of request)	
		
Division 39.5 (taking evidence for interstate and foreign courts and tribunals)	See now Division 6.10.9 (taking evidence for Australian and foreign courts and tribunals)	
r 24G (application of div 39.5 – orders
under the Evidence Act 1971, pt 12B)	r 6841 (application–div 6.10.9)	
r 24H (application for order to which div
39.5 applies)	r 6842 (application for div 6.10.9 order)	

r 24J (form)		
r 24K (appointment of examiner)	r 6845 (appointment of examiner for div
6.10.9)	
r 24L (attendance at examination by
applicant)	r 6846 (attendance by div 6.10.9 order
applicant at examination)	
r 24M (procedure for taking evidence–
application of div 39.3 rules)	r 6847 (procedure for taking evidence
under div 6.10.9 order)	
r 24N (retention of exhibits)	r 6848 (keeping of exhibits at div 6.10.9
examination)	
r 24P (certificate of order and
depositions)	r 6849 (certificate of order and
depositions–div 6.10.9 examination)	
r 24Q (privilege of witnesses)	r 6851 (privilege of witnesses–
unsupported claim etc for div 6.10.9 examination)	
		
Division 39.7 (perpetuating testimony)	(not retained)	
r 34 (action to perpetuate testimony)		
r 35 (where Crown interested)		
r 36 (action necessary)		
r 37 (not to be entered for trial)		
		
Division 39.8 (disclosure of experts’
reports and hospital reports)	Division 2.12.4 (expert reports)	
r 38 (application of div 39.8)	r 1240 (application–div 2.12.4)	
r 39 (service of experts’ reports and
hospital reports)	r 1241 (service of expert reports)	
r 40 (evidence of expert to be covered by
expert’s report)	r 1243 (expert evidence to be covered by
expert report)	
r 41 (expert’s reports admissible as
evidence of facts)	r 1244 (expert reports admissible as
evidence of opinion etc)	
r 42 (attendance of experts and tender of
experts’ reports)	r 1246 (tender of expert report)	
r 42 (1) (a) (attendance of experts and
tender of experts’ reports)	r 1245 (requiring attendance of expert for
cross-examination etc)	
		
Division 39.8A (appointment of medical expert for Civil Law (Wrongs) Act)	Division 2.12.3 (appointment of medical expert for Civil Law (Wrongs) Act)	
r 43 (definitions for div 39.8A)	r 1220 (definitions–div 2.12.3)	
r 44 (application for appointment of
expert–Wrongs Act, s 86)	r 1221 (application for appointment of
expert–Wrongs Act, s 86)	
r 45 (supporting affidavit for appointment
of expert)	r 1222 (accompanying affidavit for
appointment of expert–Wrongs Act, s 86 application)	
r 46 (service on other parties)		
r 47 (response by other parties)	r 1223 (response by other parties–Wrongs
Act, s 86 application)	
r 48 (selection of expert etc by court)	r 1224 (selection of expert etc by court–
Wrongs Act, s 86 application)	

r 49 (appointed experts to be briefed etc)	r 1225 (appointed experts to be briefed
etc)	
r 49A (request by appointed expert for
directions)	r 1226 (request by appointed expert for
directions)	
r 49B (expert to report)	r 1227 (appointed expert to report)	
r 49B (2) (expert to report)	r 1202 (expert witnesses to agree to be
bound by code of conduct)	
r 49C (expert witness code of conduct)		
r 49D (expert report to be admitted in evidence)	r 1228 (expert report to be admitted in evidence)	
r 49E (attendance of expert)	r 1229 (attendance of appointed expert)	
		
Division 39.9 (evidence of expert witnesses)	Division 2.12.2 (multiple expert witnesses for same issue)	
r 49F (application of div 39.9)	r 1210 (application–div 2.12.2)	
r 49G (court may direct manner that
experts give evidence)	r 1211 (court may direct experts to meet
etc)	

Order 39A (exhibits, documents and things)	
See now Division 6.10.5 (exhibits, documents and things)	
r 1 (meaning of subpoena document or
thing for o 39A))	r 6760 (meaning of subpoenaed
document or thing–div 6.10.5)	
r 2 (the clerk at the proceeding)		
r 3 (record)	r 6761 (registrar to keep record of
proceeding)	
r 4 (custody of exhibits after proceedings)	r 6762 (custody of exhibits after
proceeding)	
r 5 (duty of parties to claim exhibits)	r 6763 (duty of parties to claim exhibits)	
r 6 (return of subpoena document or
thing)	r 6764 (return of subpoenaed document
or thing)	
r 7 (requirement to give or send exhibit)	r 6765 (requirement to give or send
exhibit)	
r 8 (power to allow removal of documents and things)	r 6767 (power to allow removal of exhibits etc)	

Order 40 (affidavits)	
See now Division 6.10.2 (affidavits)	
Division 40.1 (affidavits generally)		
r 1 (title of affidavit)		
r 2 (form of affidavits generally)	r 6710 (affidavit–form)	
r 3 (contents of affidavit)	r 6711 (affidavit–contents)	
r 4 (annexures and exhibits)	r 6712 (affidavit–annexures and exhibits)	
r 4 (5) (annexures and exhibits)	r 6713 (affidavit–document included in)	
r 5 (taking of affidavit)	r 6715 (affidavit–taking of)	
r 6 (when affidavit may be taken)	r 6714 (affidavit–when may be taken)	

r 7 (affidavit by 2 or more deponents)	r 6715 (affidavit–taking of)	
r 8 (affidavit by illiterate or blind person)	r 6716 (affidavit–certificate of reading or
signature for person making)	
r 9 (affidavit by person unable to
understand English)	r 6716 (affidavit–certificate of reading or
signature for person making)	
r 10 (alterations in affidavits)	r 6717 (affidavit–alterations in)	
r 11 (filing of affidavits)	r 6718 (affidavit–filing and service)	
r 12 (copies of affidavits to be served)	r 6718 (affidavit–filing and service)	
r 13 (use of defective affidavit)	r 6719 (affidavit–irregular in form)	
r 14 (scandalous etc matter)	r 6720 (affidavit–scandalous matter etc)	
r 15 (cross-examination)	r 6721 (affidavit–cross-examination of
maker)	
		
Division 40.2 (trial on affidavit)		
r 24 (evidence on affidavit by consent –
Act, s 54)	r 6701 (evidence on affidavit by
agreement–civil proceedings)	

Order 41 (motion for judgment)	
(Not retained)	
r 1 (judgment to be on motion)		
r 2 (motion where no judgment directed)		
r 3 (judgment after issues tried)		
r 4 (where certain issues only determined)		
r 5 (none after a year without leave)		

Order 42 (entry of judgment)	
See Part 2.16 (judgments and other orders)	
r 1 (judgment book)	r 1601 (judgment book)	
r 2 (1) to (3) (preparation of judgments
and orders)	r 1606 (orders–filing)	
		
r 3 (where judgment pronounced in court)	r 1605 (orders–making and effect)	
r 4 (judgment under order)	r 1605 (orders–making and effect)	
r 5 (in other cases)	r 1605 (orders–making and effect)	
r 6 (orders for performance of acts to
state time)	r 1610 (orders–time for compliance)	
r 6A (order to contain date of making)		
r 6A (2) (order to contain date of making)	r 1605 (orders–making and effect)	
r 7 (examination of documents by officer)		
r 8 (judgment under order or certificate)		
r 9 (certificate to be filed)		
r 10 (judgment by consent)	r 1612 (orders–by consent in proceeding)	
r 11 (consent order or judgment signed by
registrar)	r 1611 (orders–by consent)	
r 12 (consent judgment in chambers)		
r 14 (copies)	r 1607 (orders–certified duplicate)	

Order 42A (interest up to and on judgments)	
See Part 2.16 (judgments and other orders)	
r 1 (interest up to judgment)	r 1616 (interest up to judgment)	
r 2 (interest on judgments)	r 1617 (interest after judgment);
Schedule 2 (interest rates) – Part 2.2 (interest after judgment)	

Order 42B (notices to sheriff)	
(not retained)	
r 1 (no order for return of writ etc
necessary)		
r 2 (notice to sheriff, out of office)		

Order 43 (execution)	
See now Part 2.18 (enforcement)	
r 1 (no demand necessary when judgment
directs money to be paid or property transferred)	r 2011 (enforcement–demand for
compliance unnecessary)	
r 2 (waiver of judgment on condition)		
r 3 (judgment may be enforced as
heretofore)	r 2001 (enforcement orders generally);
r 2200 (seizure and sale order–making); r 2201 (seizure and sale order– application)	
r 4 (judgment for payment in court)		
r 5 (for recovery of land)	r 2440 (enforcement–orders for
possession of land)	
r 6 (for recovery of other property)		
r 7 (for any other matter)		
r 8 (judgment on condition, execution)	r 2014 (enforcement–conditional orders)	
r 9 (production of judgment)		
r 10 (praecipe)		
r 11 (indorsement of name and address)		
r 12 (form of writ of execution)		
r 13 (fees and expenses)	r 2004 (enforcement–amount
recoverable)	
r 14 (additional fees and expenses)	r 2004 (enforcement–amount
recoverable)	
r 14A (direction to sheriff to levy)		
r 15 (amount to be indorsed on writ of
execution)	r 2004 (enforcement–amount
recoverable)	
r 16 (form of indorsement on writ of fieri-
facias)		
r 17 (execution for money or costs on
entry of judgment)		
r 18 (separate writs for money and costs)	r 2005 (enforcement–separate
enforcement for costs)	
r 19 (writ in force for 1 year – with power	r 2052 (enforcement orders–duration and	

to renew)	renewal of certain enforcement orders
given to enforcement officers)	
r 20 (evidence of renewal)	r 2052 (enforcement orders–duration and
renewal of certain enforcement orders given to enforcement officers)	
r 21 (execution within 6 years)	r 2012 (enforcement–when leave
required)	
r 22 (execution by leave of court)	r 2012 (enforcement–when leave
required)	
r 23 (order enforceable as judgment)		
r 24 (execution by or against person not
party)	r 2003 (enforcement–by or against non-
party)	
r 25 (audita querela abolished – stay of
execution)	r 2013 (enforcement–stay)	
r 26 (former rights reserved)		
r 27 (order of issue of writs)		
r 28 (enforcement of mandatory judgment
etc)	r 2442 (enforcement–orders to do or not
do an act)	
r 29 (corporation wilfully disobeying
order)	r 2442 (enforcement–orders to do or not
do an act)	
r 30 (enforcing award)		
r 31 (examination of judgment debtors)	r 2100 (enforcement hearing–application
by enforcement creditor);
r 2103 (enforcement hearing–order for hearing etc)	
r 31 (1) (examination of judgment
debtors)	r 2104 (enforcement hearing–who may be
directed to attend by enforcement hearing subpoena)	
r 31 (4) (examination of judgment
debtors)	r 2105 (enforcement hearing–service of
enforcement hearing subpoena)	
r 31 (7) (examination of judgment
debtors)	r 2109 (enforcement hearing–
examination)	
r 32 (in cases of difficulty, party may
apply)		
r 33 (costs)		

Order 44 (writs of fieri-facias and sequestration)	
See now Part 2.18 (enforcement)	
r 1 (effect of fi fa)	r 2200 (seizure and sale order–making);
r 2201 (seizure and sale order–
application)	
r 2 (writ of venditioni exponas)	r 2220 (seizure and sale order–sale at best
price obtainable)	
r 3 (other writs in aid)		
r 3A (leave for issue of writs in aid)	r 2012 (enforcement–when leave
required)	
r 4 (against estate of disobedient person)	r 2442 (enforcement–orders to do or not
do an act)	

r 5 (no subpoena or without leave,
sequestration for costs)		

Order 45 (attachment)	
(not retained)	
r 1 (as heretofore)		
r 2 (not to issue without leave)		
r 3 (service of judgment or order to be
enforced by attachment)		

Order 46 (attachment of debts)	
See now Division 2.18.6 (enforcement of money orders– debt redirection orders generally)	
r 1 (order for attachment of debts)	r 2301 (debt redirection order–making)	
r 2 (service of summons to bind debts)	r 2308 (debt redirection order–when debt
redirected)	
r 3 (execution against garnishee)		
r 4 (trial of liability of garnishee)	r 2311 (debt redirection order–third
person disputes liability)	
r 5 (lien of third person on debt of
garnishee)	r 2307 (debt redirection order–claim by
someone else)	
r 6 (trial of claim of third person and
order thereon or on non-appearance)	r 2307 (debt redirection order–claim by
someone else)	
r 7 (discharge of garnishee)	r 2312 (debt redirection order–discharge
of third person)	
r 8 (debt-attachment book)		
r 9 (costs of proceedings)		

Order 47 (charging orders and stop orders)	
See now Division 2.18.9 (enforcement of money orders– charging orders) and
Division 2.18.10 (enforcement of money orders–amounts in court and stop orders)	
r 1 (order charging stock or shares)	r 2401 (charging order–making);
r 2405 (charging order–issuer etc dealing with charged property)	
r 2 (charge on partnership property)	r 2407 (charging order–procedure against
partnership property for partner’s separate order debt)	
r 3 (application by partner of judgment
debtor)	r 2407 (charging order–procedure against
partnership property for partner’s separate order debt)	
r 4 (meaning of company and stock)	r 2401 (charging order–making)	
r 5 (filing and service of affidavit and	r 2403 (charging order–effect)	

notice as to stock)		
r 6 (affidavit to state address of claimant)	r 2403 (charging order–effect)	
r 7 (changing of address for notices)		
r 8 (service by post)		
r 9 (service of affidavit and filed notice to
have same effect as writ of distringas)		
r 10 (withdrawal or discharge of notice)		
r 11 (effect of notice on transfer of stock
or payment of dividend)	r 2404 (charging order–enforcement
debtor dealing with charged property)	
r 12 (amendment of notice)		
r 13 (costs of stop order)	r 2421 (enforcement orders–stop orders)	
r 14 (service)	r 2421 (enforcement orders–stop orders)	

Order 48 (writ of possession)	
See now Division 2.18.12 (enforcement of non-money orders–general) and
Division 2.18.13 (enforcement of non-money orders–orders for delivery of possession of land)	
r 1 (on a judgment for land)	r 2440 (enforcement–orders for
possession of land)	
r 2 (affidavit of service and disobedience)	r 2440 (enforcement–orders for
possession of land)	
r 3 (number of writs for possession)	r 2440 (enforcement–orders for
possession of land)	
r 4 (writ of assistance)		

Order 49 (writ of delivery)	
See now Division 2.18.12 (enforcement of non-money orders–general) and
Division 2.18.14 (enforcement of non-money orders–orders for seizure and delivery of goods)	
r 1 (absolute order for)	r 2441 (enforcement–orders for return of
goods etc);
r 2460 (order for seizure and delivery of goods–making)	
r 2 (form – execution for damages and
costs)	r 2441 (enforcement–orders for return of
goods etc)	

Order 50 (actions by and against firms and persons carrying on business in names other than their own)	
See now Division 2.4.10 (partnerships) and Division 2.4.11 (business names)	
r 1 (disclosure of partners’ names)	r 286 (proceeding in partnership name);	

	r 287 (disclosure of partners’ names)	
r 2 (disclosure of partners’ names)	r 286 (proceeding in partnership name);
r 287 (disclosure of partners’ names)	
r 5 (appearance of partners)	r 108 (notice of intention to respond or
defence–person sued under partnership name)	
r 6 (no appearance except by partners)		
r 7 (appearance under protest of person
served as partner)		
r 8 (execution of judgment against a firm)	r 2006 (enforcement–order in partnership
name)	
r 9 (attachment of debts owing from a
firm)		
r 10 (application of rules to actions
between copartners)	r 285 (meaning of partnership
proceeding–div 2.4.10)	
r 11 (application of rules to person
trading as a firm)	r 290 (proceeding in registered business
name)	

Order 51 (consolidation)	
See now Division 2.4.8 (multiple proceedings)	
r 1 (consolidation of actions)	r 270 (consolidation etc of proceedings)	

Order 52 (interlocutory orders, receivers and accounts)	
See now Part 2.9 (preservation of rights and property) and
Part 2.20 (trusts, estates, accounts and enquiries)	
		
Division 52.1 (interlocutory orders as to mandamus, injunctions, interim preservation of property etc)	See now Division 2.9.3 (inspection, detention, custody and preservation of property) and
Division 2.9.4 (injunctions and similar orders) – now based on national uniform rules on “freezing orders” and “search orders”	
r 1 (interim order for preservation of
subject of action)		
r 2 (order for sale of perishable or other
property)	r 716 (disposal of property other than
land)	
r 3 (order for detention, preservation, or
inspection of property)	r 715 (inspection, detention, custody and
preservation of property–orders)	
r 4 (judge may inspect)		
r 5 (jury may inspect)		
r 6 (application for order)	r 718 (application for order for
inspection, detention, custody or preservation);
r 728 (division 2.9.4 order–procedure);
r 729 (division 2.9.4 order without notice	

	etc)	
r 7 (application by plaintiff under r 1)		
r 8 (payment into court in discharge of
lien)	r 1012 (payment into court–in discharge
of lien)	
r 9 (court may allow whole or part of
income)		
r 10 (conduct of sale)	r 2702 (trusts and estates–conduct of sale)	
r 11 (writ of injunction abolished)		
r 12 (injunction to restrain repetition or
commission of acts of like kind)		
r 13 (leave to compound penal action)		
r 14 (order for)		
r 15 (Crown’s half of penalty)		
		
Division 52.2 (receivers)	Division 2.9.5 (receivers)	
r 16 (meaning of court in div 52.2)		
r 17 (application for order)	r 767 (receiver–application for order
appointing etc)	
r 18 (address for service)	r 768 (receiver–address for service)	
r 19 (security)	r 769 (receiver–security)	
r 20 (powers)	r 773 (receiver–powers)	
r 21 (remuneration)	r 770 (receiver–remuneration)	
r 22 (accounts)	r 771 (receiver–accounts)	
r 23 (default)	r 772 (receiver–default)	
r 24 (account on death)	r 776 (receiver–death of)	
		
Division 52.3 (accounts)		
r 25 (accounts of liquidators, guardians
etc)	r 281 (litigation guardian–accounts);
r 1920 (liquidator, guardian or manager–
accounts)	

Order 53 (sales by the court)	
See now Division 2.9.6 (sales of land by court order)	
r 1 (sale of real estate may be directed
any time after action)	r 782 (sale of land–order)	
r 2 (mode of carrying out sale, mortgage,
partition, or exchange when ordered by court)	r 783 (sale of land–conduct of sale)	
r 2 (1) (mode of carrying out sale,
mortgage, partition, or exchange when ordered by court)	r 785 (mortgage, exchange or partition)	
r 3 (power to make order for sale in
debenture-holders actions at any time)		
r 4 (sale under order)	r 783 (sale of land–conduct of sale)	
r 5 (reserved biddings)	r 783 (sale of land–conduct of sale)	
r 6 (particulars and conditions of sale)	r 783 (sale of land–conduct of sale)	
r 7 (affidavit of result of sale)	r 784 (sale of land–certificate of sale
result)	

r 8 (opinion of counsel)		
r 9 (subject to objection)		

Order 54 (motions)	
See now Part 6.2 (applications in proceedings)	
		
Division 54.1 (preliminary)		
r 1 (meaning of supporting material)	r 6005 (definitions–pt 6.2)	
r 2 (filing and service of notice of motion
– supporting material)	r 64 (originating application–filing and service of supporting affidavits);
r 6009 (application in proceeding–filing and service of supporting material)	
		
Division 54.2 (interlocutory or other applications in proceedings already begun)		
r 3 (applications by motion)	r 6007 (application in proceeding–
contents)	
r 4 (notice of motion)	r 6008 (application in proceeding–filing
and service)	
r 4 (3) (notice of motion)	r 6016 (application in proceeding–oral
application)	
r 4 (6) (notice of motion)	r 6005 (definitions–pt 6.2)	
		
Division 54.3 (originating motions)	See now Part 2.2 (starting civil proceedings)	
r 5 (beginning actions by motion)	r 34 (when originating application must
be used)	
r 6 (originating notice of motion)	r 60 (originating application–content etc)	
r 7 (filing and service of originating
notice of motion)		
		
Division 54.4 (motions – generally)		
r 8 (rule to show cause)		
r 9 (service of notice of motion)	r 62 (when originating application must
be served);
r 6008 (application in proceeding–filing and service)	
r 10 (absence of party)	r 6010 (application in proceeding–
absence of party)	
r 11 (dismissal or adjournment if notice
not given)	r 63 (what happens if originating
application not served in time);
r 6011 (application in proceeding– dismissal or adjournment if application not served etc)	
r 12 (adjournment at request of parties)	r 6013 (application in proceeding–
adjournment without attendance)	
r 13 (adjournment generally)	r 6012 (application in proceeding–	

	adjournment generally)	
r 14 (further hearing)	r 6014 (application in proceeding–further
hearing)	
r 15 (formal order not required)		

Order 55 (certiorari, mandamus, prohibition, quo warranto and habeas corpus)	
See now Part 3.9 (habeas corpus) and
Part 3.10 (judicial review)	
Division 55.1 (general)		
r 1 (application, how made)		
r 2 (order to be returnable before the
court)		
r 3 (title of affidavits)		
r 4 (title of proceedings)		
r 5 (order absolute)		
r 6 (costs)		
		
Division 55.2 (certiorari)		
r 8 (copy, warrant, order etc to be
produced on application)	r 3567 (judicial review–additional
requirements for certiorari order)	
r 9 (objections to be stated in order)	r 3556 (judicial review–application etc)	
r 10 (service)		
r 11 (security for costs)		
r 12 (order to quash in first instance)		
r 13 (when no cause shown)		
r 14 (form of writ of certiorari)		
		
Division 55.3 (mandamus)		
r 15 (prosecutor to be named)		
r 16 (persons to show cause)		
r 17 (form of writ)		
r 18 (time for return of writ)		
r 19 (service)		
r 20 (service on corporations etc)		
r 21 (return)		
r 22 (service)		
r 23 (pleading to return)		
r 24 (peremptory writ)		
r 25 (costs when peremptory writ
awarded in the first instance or on obedience)		
r 26 (proceedings in nature of
interpleader)		
r 27 (time)		
r 28 (mandamus by order)		
r 29 (no action against party obeying writ
or order)	r 3568 (judicial review–no proceeding in
relation to things done under mandamus	

	order)	
		
Division 55.4 (prohibition)		
r 30 (pleadings in prohibition)		
r 31 (proceedings on judgment)		
r 32 (direction to proceed)		
r 33 (prohibition by order)		
		
Division 55.5 (quo warranto)		
r 34 (relator to be named)		
r 35 (objections to be stated in order nisi)	r 3556 (judicial review–application etc)	
r 36 (security for costs)		
r 37 (form of information)		
r 38 (signature of service of information)		
r 39 (defence and subsequent
proceedings)		
r 40 (judgment costs)		
r 41 (disclaimer)	r 3569 (judicial review–disclaimer in
relation to quo warranto order)	
r 42 (consolidation)		
		
Division 55.6 (habeas corpus)	See now Part 3.9 (habeas corpus)	
r 43 (how applied for)		
r 43 (1) (how applied for)	r 3500 (definitions–pt 3.9);
r 3504 (habeas corpus–application and service)	
r 44 (how granted)		
r 44 (1) (how granted)	r 3506 (habeas corpus–procedure on
application etc)	
r 45 (service)	r 3506 (habeas corpus–procedure on
application etc)	
r 46 (return to writs of habeas corpus)		
r 47 (amendment of return)		
r 48 (proceedings on return)	r 3507 (habeas corpus–return of order)	
r 49 (discharging without writ)	r 3506 (habeas corpus–procedure on
application etc)	

Order 56A (consent orders in interlocutory proceedings)	
See now Part 6.2 (applications in proceedings)	
r 1 (interlocutory order by consent)		
r 2 (adjournment by consent)	r 6012 (application in proceeding–
adjournment generally)	
r 3 (adjournment without attendance)	r 6013 (application in proceeding–
adjournment without attendance)	

Order 57 (declarations)	
See now Part 2.2 (starting civil proceedings)	
r 1 (construction of instruments)	r 35 (when originating application may be
used)	
r 2 (construction of legislation)	r 35 (when originating application may be
used)	
r 3 (service)	r 60 (originating application–content etc);
r 61 (originating application–filing and service)	
r 4 (evidence)	r 60 (originating application–content etc)	

Order 58 (equity proceedings)	
See now Part 2.2 (starting civil proceedings) and
Part 2.20 (trusts, estates,
accounts and enquiries)	
		
Division 58.1 (administration and trusts)	See now Division 2.20.1 (trusts and estates generally)	
r 1 (applications for relief without
administration)	r 35 (when originating application may be
used)	
r 2 (applications for administration)		
r 3 (service – applications for
administration)	r 61 (originating application–filing and
service)	
r 4 (applications for foreclosure or
redemption)		
r 5 (service – applications for foreclosure
or redemption)		
r 6 (service on other persons)	r 61 (originating application–filing and
service)	
r 7 (evidence and directions as to trial)	r 60 (originating application–content etc);
r 1401 (directions generally)	
r 8 (judgment)	r 1600 (orders–required by nature of
case)	
r 9 (special directions)		
r 10 (decision without judgment for
administration)	r 2700 (trusts and estates–decision
without order for administration)	
r 11 (orders which may be made on
application for administration or execution of trusts)		
r 12 (not to effect power of trustees)	r 2701 (trusts and estates–application not
to affect powers)	
		
Division 58.2 (assistance of experts)		
r 13 (accountants, merchants etc)		
		
Division 58.3 (proceedings relating to		

people with a legal disability)		
r 14 (evidence on application to appoint
guardian etc)		
r 15 (appointment of litigation guardian
may be required)		
		
Division 58.4 (documents to be left at chambers)		
r 16 (proceedings under judgment)		
r 17 (adjournment to chambers without
order drawn, note sufficient)		
r 18 (names of solicitors)		
r 19 (certificate of service and
appearance)		
		
Division 58.5 (summonses to proceed)	Division 2.20.2 (taking of accounts)	
r 20 (time for bringing in judgment or
order directing accounts or inquiries)	r 2722 (account–orders)	
r 21 (summons to proceed with accounts
or inquiries)	r 2722 (account–orders)	
r 22 (settling deed under judgment etc in
case parties differ)		
r 23 (dispensing with service of notice of
judgment or order)	r 2723 (accounts–service of order etc)	
r 24 (power to bind persons, service on
whom is dispensed with)	r 2723 (accounts–service of order etc)	
r 25 (advertisements for the creditors may
be issued before appearance of all parties)	r 2722 (account–orders);
r 2730 (accounts–powers exercisable on taking account)	
r 26 (course of proceeding)		
		
Division 58.6 (attendances)	Division 2.20.2 (taking of accounts)	
r 27 (judge may nominate 1 solicitor for a
class)	r 2731 (accounts–class interests)	
r 28 (judge may require distinct solicitors
to represent parties)	r 2731 (accounts–class interests)	
r 29 (attendance of parties other than
those directed to attend)	r 2722 (account–orders)	
r 30 (order to state parties to attend)	r 2722 (account–orders)	
		
Division 58.7 (claims of creditors and other claimants)	See now Division 2.20.2 (taking of accounts) and
Division 2.20.3 (making inquiries)	
r 31 (advertisements)	r 2722 (account–orders);
r 2730 (accounts–powers exercisable on taking account);
r 2741 (inquiries–orders)	
r 32 (by whom prepared and signed)	r 2741 (inquiries–orders)	
r 33 (substance and form of	r 2741 (inquiries–orders)	

advertisements)		
r 34 (claimants not sending particulars of
claims excluded)	r 2741 (inquiries–orders)	
r 34 (1) (claimants not sending particulars
of claims excluded)	r 2722 (account–orders)	
r 35 (service of notices on claimants)	r 2741 (inquiries–orders)	
r 36 (claimants to produce documents if
required)	r 2741 (inquiries–orders)	
r 37 (claimants’ affidavits)	r 2741 (inquiries–orders)	
		
Division 58.8 (claims of creditors)	See now Division 2.20.2 (taking of accounts) and
Division 2.20.3 (making inquiries)	
r 38 (examination and verification of
claims)	r 2722 (account–orders);
r 2724 (accounts–form and verification);
r 2741 (inquiries–orders)	
r 39 (adjudication on claims)	r 2722 (account–orders);
r 2741 (inquiries–orders)	
r 40 (adjournment – further evidence)	r 2741 (inquiries–orders)	
r 41 (notice of claims allowed or
disallowed)	r 2741 (inquiries–orders)	
r 41 (2) (notice of claims allowed or
disallowed)	r 2733 (accounts–certificate about taking
of account)	
r 41 (3) & (4) (notice of claims allowed
or disallowed)	r 2722 (account–orders)	
r 41 cont’d (unless served with notice
claimant need not attend)		
r 42 (costs)	r 2728 (accounts–allowances);
r 2741 (inquiries–orders)	
r 43 (list of claims allowed)	r 2741 (inquiries–orders)	
		
Division 58.9 (claims of persons other than creditors)	See now Division 2.20.2 (taking of accounts)	
r 44 (affidavit verifying claims)	r 2724 (accounts–form and verification)	
r 45 (adjudication on claims)	r 2722 (account–orders)	
r 46 (claimants who have established
their claims to be served with notice of judgment)	r 2722 (account–orders)	
		
Division 58.10 (interest)		
r 47 (rate of interest on debts)		
r 48 (interest payable out of surplus
assets)		
r 49 (interest on legacies)		
		
Division 58.11 (certificates of registrar)		
r 50 (directions to be in no particular
form)		
r 51 (not to set out documents etc)		

r 52 (form of certificate)		
r 53 (where accounts are directed)		
r 54 (taking of judge’s opinion)		
r 55 (when certificate becomes binding –
application to discharge or vary it)	r 2733 (accounts–certificate about taking
of account)	
r 56 (discharge or variation of certificate
after lapse of any time)	r 2733 (accounts–certificate about taking
of account)	
		
Division 58.12 (further consideration)		
r 57 (further consideration)	r 2734 (accounts–further consideration)	
		
Division 58.13 (registering and drawing up of orders in chambers)		
r 58 (notes of proceedings)		
r 59 (drawing up orders in chambers)		

Order 59 (interpleader)	
Part 2.19 (interpleader proceedings)	
r 1 (a) (when granted)	r 2600 (interpleader–application by
stakeholder)	
r 1 (b) (when granted)	r 2605 (interpleader–notice of claim to
enforcement officer)	
r 2 (affidavit)	r 2600 (interpleader–application by
stakeholder);
r 2624 (interpleader–neutrality of applicant)	
r 3 (where claims adverse)	r 2622 (interpleader–adverse claims)	
r 4 (time defendant may apply)		
r 5 (summons to state claim)	r 2600 (interpleader–application by
stakeholder)	
r 6 (stay of proceedings)		
r 7 (order on summons)	r 2620 (interpleader–orders)	
r 8 (on consent or request of claimant
court may decide)	r 2621 (interpleader–summary disposal of
proceeding)	
r 9 (question of law)	r 2620 (interpleader–orders)	
r 10 (claimant failing to appear etc
barred)	r 2623 (interpleader–default by claimant)	
r 11 (issue to be filed)		
r 12 (goods seized in execution)	r 2620 (interpleader–orders)	
r 13 (trial of issue)	r 2620 (interpleader–orders);
r 2626 (interpleader–trial)	
r 14 (where several causes pending)	r 2625 (interpleader order–2 or more
proceedings)	
r 15 (costs)		
r 16 (sheriff’s costs)	r 2605 (interpleader–notice of claim to
enforcement officer)	
r 16 (1) (sheriff’s costs)	r 2607 (interpleader–notice to
enforcement creditor)	

r 16 (2) (sheriff’s costs)	r 2608 (interpleader–admission of claim)	
r 17 (withdrawal by sheriff)	r 2608 (interpleader–admission of claim)	
r 18 (costs in interpleader)		

Order 61 (Registrar)	
See now:
Part 5.2 (appeals from Master or
Registrar);
Part 6.5 (Registrar); and Schedule 5 (jurisdiction of Registrar)	
r 1 (absence of registrar)		
r 2 (clerk may perform merely ministerial
duties)	r 6307 (delegation by registrar)	
r 3 (authority of registrar)	r 6250 (jurisdiction exercisable by
registrar of Supreme Court)	
r 3AA (jurisdiction of registrar –
subpoenas)	r 6253 (registrar’s powers–subpoenas)	
r 3A (jurisdiction to be exercised by
judge)	r 6254 (order that jurisdiction in
proceeding be exercised by judicial officer other than registrar)	
r 4 (reference of application to judge)	r 6255 (registrar referring proceeding or
issue to judicial officer)	
r 4A (appeals from decisions etc of
registrar in relation to corporations)	r 5014 (appeals from master or registrar–
time for filing notice of appeal)	
r 5 (1) (a) appeals from registrar’s orders)	r 5014 (appeals from master or registrar–
time for filing notice of appeal)	
r 5 (1) (b) (appeals from registrar’s
orders)	r 5012 (appeals from master or registrar–
starting appeal);
r 5016 (appeals from master or registrar–
serving notice of appeal)	
r 5 (1) (c) (appeals from registrar’s
orders)	r 5012 (appeals from master or registrar–
starting appeal)	
r 5 (1) (e) (appeals from registrar’s
orders)	r 5012 (appeals from master or registrar–
starting appeal);
r 5016 (appeals from master or registrar–
serving notice of appeal)	
r 5 (1) (f) (appeals from registrar’s
orders)	r 5013 (appeals from master or registrar–
requirements for notice of appeal)	
r 5 (1) (h) & (i) (appeals from registrar’s
orders)	r 6256 (appeals from registrar’s orders
etc)	
r 5 (2) (appeals from registrar’s orders)	r 5017 (appeals from master or registrar–
stay and reinstatement)	

Order 61A (Master)	
See now Part 5.2 (appeals from
Master or Registrar) and
Part 6.4 (Master)	
r 1 (authority of master)	r 6200 (jurisdiction exercisable by
master)	
r 4 (exercise of court’s inherent
jurisdiction by master)	r 6200 (jurisdiction exercisable by
master)	
r 4A (appeals from decisions etc of
master in relation to corporations)	r 5014 (appeals from master or registrar–
time for filing notice of appeal)	
r 4B (reference by master)	r 6202 (master referring proceeding or
issue to judge)	
r 5 (a) (appeals from interlocutory
judgments of the master)	r 5014 (appeals from master or registrar–
time for filing notice of appeal)	
r 5 (b) (appeals from interlocutory
judgments of the master)	r 5012 (appeals from master or registrar–
starting appeal);
r 5016 (appeals from master or registrar–
serving notice of appeal)	
r 5 (c) (appeals from interlocutory
judgments of the master)	r 5012 (appeals from master or registrar–
starting appeal)	
r 5 (e) (appeals from interlocutory
judgments of the master)	r 5013 (appeals from master or registrar–
requirements for notice of appeal)	
r 9 (discontinuance of appeal)		
r 10 (stay of proceedings)	r 5017 (appeals from master or registrar–
stay and reinstatement)	
r 11 (application of other orders)		

Order 62 (seals, filing, searches etc)	
See now Division 6.3.2 (filing documents) and
Part 6.6 (registry)	
r 1 (sealing of documents issued from the
court)	r 6304 (documents–sealing and stamping)	
r 1A (stamping)	r 6304 (documents–sealing and stamping)	
r 2 (office copies etc)		
r 3 (petitions etc to be filed before
judgment etc passed)		
r 4 (date of filing)	r 6126 (date of filing)	
r 5 (entries on filing documents)	r 6126 (date of filing)	
r 6 (distinguishing marks on documents)		
r 7 (entry of date of judgment)		
r 8 (searches)	r 2902 (searches of registers etc)	
r 9 (certificate of state of cause)		
r 10 (production of records)		
r 11 (deposit for officer’s expenses)		
r 12 (deposit of deeds)		
r 13 (impounded documents)		
r 14 (certificates etc to be filed)		

		

Order 63 (offices of the court)	
See now Part 6.6 (registry)	
r 1 (office hours)	r 6300 (office hours)	
r 2 (office hours)	r 6300 (office hours)	

Order 64 (time)	
Part 6.7 (time)	
r 1 (certain days not reckoned)	r 6350 (time–certain days excluded in
working out)	
r 2 (time expiring on Sunday or when offices closed)		
r 3 (time not reckoned)	r 6350 (time–certain days excluded in
working out)	
r 4 (time for proceedings where security
ordered)	r 1904 (security for costs–effect of order)	
r 5 (enlargement or abridgment of time)	r 6351 (time–extending or shortening by
court order)	
r 6 (enlargement of time by consent)		
r 8 (reckoning of time)		
r 9 (proceedings after a year)		
r 10 (time for setting aside award)		
r 11 (enlarging time for award)		

Order 65 (costs)	
See now Part 2.17 (costs) and
Schedule 4 (scale of costs)	
		
Division 65.1 (costs generally)	See now Division 2.17.1 (costs generally);
Division 2.17.2 (entitlement to costs);
and
Division 2.17.3 (costs of party in proceeding)	
r 1 (costs, with certain exceptions, to be
in discretion of court)	r 1721 (costs–general rule)	
r 1A (trustees etc)	r 1732 (costs–trustee)	
r 1B (costs where trial with jury to follow
event)		
r 2 (where cause removed)	r 1707 (costs–proceeding removed to
another court)	
r 3 (solicitor personally liable for costs)	r 1753 (costs–legal practitioner’s delay
etc)	
r 7 (scales of costs)	r 1722 (costs–solicitors’ costs generally);
Schedule 4, r 4.12 (costs–transitional)	
r 7A (costs and determined fees if amount recovered less than Magistrates Court
limit)	r 1725 (solicitors’ costs and determined fees–Supreme Court judgment within
Magistrates Court jurisdiction)	

r 8 (costs improperly incurred etc)	r 1753 (costs–legal practitioner’s delay
etc)	
r 9 (solicitor appointed litigation
guardian)	r 1733 (costs– solicitor appointed
litigation guardian)	
r 10 (set-off notwithstanding lien for
costs)	r 1833 (costs–set off of costs)	
r 11 (costs out of estate)	r 1732 (costs–trustee)	
r 12 (costs as regards particular shares)	r 1730 (costs–inquiry to find person
entitled to property)	
r 13 (distribution not to be delayed by
difficulties as to some shares)	r 709 (payment before finding out
everyone interested)	
r 14 (costs may be ordered out of portion
of an estate)		
r 15 (on award)		
r 17 (where no appearance)		
r 18 (order to tax to be left with taxing
officer)		
r 18A (bill of costs)	r 1802 (costs–content of bill of costs)	
r 19 (drafts directed to be settled by
counsel)		
r 20 (gross sum costs)	r 1720 (costs–entitlement to recover)	
		
Division 65.2 (special allowances and general regulations)	See now Schedule 4;
Division 2.17.4 (costs–registrar’s powers and discretion);
Division 2.17.5 (procedure for assessing costs);
Division 2.17.6 (procedure on costs assessment); and
Division 2.17.7 (reconsideration and review of costs assessment)	
r 21 (application of div 65.2)		
r 22 (allowance for work in preparation
of documents)		
r 23 (fees to include copy for use)		
r 24 (further allowance on special
grounds)	Schedule 4, r 4.2 (costs–registrar’s
discretion)	
r 25 (and on affidavit of several
deponents)	Schedule 4, r 4.5 (costs–affidavit made
by 2 or more people etc)	
r 26 (allowance on affidavits to include
attendances)	Schedule 4, r 4.4 (costs–allowance on
affidavits to include attendances)	
r 27 (where same solicitor for both
parties)	Schedule 4, r 4.9 (costs–parties with same
solicitor)	
r 28 (mileage on several writs etc)	Schedule 4, r 4.6 (costs–documents to be
served together)	
r 29 (perusals)	Schedule 4, r 4.9 (costs–parties with same
solicitor)	
r 30 (separate pleadings where same
solicitor)	Schedule 4, r 4.9 (costs–parties with same
solicitor)	

r 31 (procuring evidence)	r 1736 (costs–evidence)	
r 32 (agency correspondence)	Schedule 4, r 4.7 (costs–agency
correspondence)	
r 33 (settling and passing judgments)		
r 34 (in special circumstances higher
remuneration may be allowed for attendance at chambers)		
r 35 (on nonattendance or neglect by
party at chambers, judge may order costs)		
r 35A (attendance by solicitors or clerk in
court or in chambers to instruct counsel)	Schedule 4, r 4.8 (costs–attendance to
instruct counsel)	
r 36 (folios)		
r 37 (costs of procuring advice of
counsel)	r 1735 (costs–counsel’s advice and
settling documents);
Schedule 4, r 4.10 (costs–counsel drawing and settling documents)	
r 39 (allowance for notice to inspect)		
r 40 (power to make an interim
certificate)	r 1836 (costs–interim certificates of
assessment)	
r 41 (rate of payment for copies of
documents)		
r 42 (tender of costs for perusing petition
where notice that appearance not required)		
r 43 (court may disallow costs of
pleading or matter improper or unnecessary)	r 1754 (costs–disallowance of costs for
vexatious document etc)	
r 44 (costs may be set off or adjusted
between parties)	r 1833 (costs–set off of costs)	
r 45 (note for taxing officer)		
r 46 (disallowance where party not
interested etc)	r 1727 (costs–party not interested in
application)	
r 47 (extension of time)	r 1729 (costs–extending or shortening
time)	
r 48 (taxing officers may administer
oaths)	r 1760 (costs–registrar’s general powers)	
r 49 (registrar to be taxing officer)	r 1800 (costs–when bill of costs to be
filed etc)	
r 50 (account in part consisting of bill of
costs)	r 1708 (costs–in account)	
r 51 (taxing officer regulates the
attendance of parties on taxation)	r 1830 (costs–attendance of parties at
assessment)	
r 52 (on neglect of party to tax costs,
taxing officer may prevent prejudice to other party)	r 1803 (costs–failure to file and serve bill
of costs)	
r 53 (costs to be allowed on taxation)	r 1751 (costs–assessed on party and party
basis)	

r 53A (costs incidental to negotiations)	r 1700 (definitions–pt 2.17)	
r 54 (fees for work and labour not
otherwise provided for)	Schedule 4, r 4.2 (costs–registrar’s
discretion)	
r 55 (costs in the cause)	r 1726 (costs–amendment of documents)	
r 56 (costs of amendments)	r 1726 (costs–amendment of documents)	
r 57 (taxation without order to refer)		
r 58 (1), (2) & (3) (where parties differ)	r 1800 (costs–when bill of costs to be
filed etc)	
r 58 (4) & (5) (where parties differ)	r 1807 (costs–notice of objection to bill
of costs)	
r 58 (6) (where parties differ)	r 1807 (costs–notice of objection to bill
of costs);
r 1809 (costs–default assessment if no objection to bill of costs)	
r 58 (8) (b) (where parties differ)	r 1835 (costs–registrar’s certificate of
assessment)	
r 58 (9) to (13) (where parties differ)	r 1811 (costs–offer to settle)	
r 59 (costs out of fund)		
r 60 (costs of scientific witnesses)		
r 61 (discretionary fees)	r 1761 (costs–registrar’s discretion in
assessing)	
r 62 (power to taxing officer to assess
costs at a gross sum)		
r 63 (disallowances where bill reduced by a 6th)	r 1834 (costs–bill of costs reduced by
15% or more)	
r 64 (1) (party dissatisfied with taxation may object)	r 1851 (costs–application for reconsideration);
r 1852 (costs–procedure for reconsideration)	
r 64 (party dissatisfied with taxation may
object)		
r 65 (taxing officer may review taxation)	r 1854 (costs–reconsideration of
registrar’s assessment)	
r 66 (party dissatisfied with taxing officer
may apply to judge)	r 1855 (costs–review by court)	
r 67 (evidence)	r 1855 (costs–review by court)	
r 68 (retainer of counsel)	r 1738 (costs–retainer for counsel)	
r 69 (conferences)	Schedule 4, r 4.10 (costs–counsel
drawing and settling documents)	
r 70 (allowances of 2 junior counsel)		
r 71 (refreshers)		
r 72 (brief where cause not tried)	Schedule 4, r 4.11 (costs–premature
brief)	
r 73 (where set down again after being
struck out)		
r 75 (counsel’s fees)	r 1804 (costs–payment of disbursements)	
r 77 (of affidavit of discovery)		
r 78 (delay before taxing officer)	r 1832 (costs–delay before registrar etc)	
r 79 (where costs out of fund bill to be	r 1801 (costs–if costs out of fund bill to	

sent to clients)	be sent to clients)	
r 80 (taxing officer may limit or extend
time)	r 1760 (costs–registrar’s general powers)	
r 81 (indorsement of name and address of
solicitor)	r 1802 (costs–content of bill of costs)	
r 82 (appeal to judge)	r 1855 (costs–review by court)	
r 83 (fees to barristers and solicitors)	r 1737 (costs–solicitor advocate)	

Order 66 (documents)	
Part 6.3 (documents)	
		
Division 66.1 (style)	Division 6.3.1 (general provisions about documents for filing)	
r 1 (meaning of document in o 66)	r 6100 (application–div 6.3.1)	
r 2 (general heading style – civil
proceedings forms)	r 6102 (documents–general heading style)	
r 3 (paper to be used)	r 6103 (documents–layout etc)	
r 4 (writing requirements)	r 6103 (documents–layout etc);
r 6107 (documents–alterations)	
r 5 (page margins)	r 6103 (documents–layout etc)	
r 6 (use of numerals)	r 6105 (documents–use of figures)	
r 7 (pagination)	r 6103 (documents–layout etc)	
r 8 (backing sheet)		
r 9 (identification)		
r 10 (signature on behalf of solicitor)	r 6106 (documents–signing)	
		
Division 66.2 (refusal to accept documents for filing)	Division 6.3.3 (rejecting filed documents)	
r 10A (1) (refusal to accept documents –
non-compliance with div 66.1)	r 6140 (rejecting documents–
noncompliance with rules etc)	
r 10A (2) (refusal to accept documents –
non-compliance with div 66.1)	r 6144 (rejecting document–costs)	
r 10B (refusal to accept documents –
abuse of process etc)	r 6142 (rejecting documents–abuse of
process etc)	
		
Division 66.3 (inspection)	See now Part 2.22 (miscellaneous–ch 2)	
r 11 (inspection of registry files)	r 2903 (inspection of registry files)	

Order 68 (sheriff’s rules)	
(not retained)	
r 1 (personal estate to be sold first)		
r 2 (portions of property sold first)		
r 3 (under $100 – time of sale)		
r 4 (publicity of sale – other cases)		
r 5 (place of sale)		
r 6 (how sheriff to pay moneys received
in certain cases)		
r 7 (notice to sheriff not to pay money to		

execution creditor)		
r 8 (suspension of execution)		
r 9 (judge’s order in vacation to enforce
performance of duty)		
r 10 (persons arrested to be lodged in
nearest gaol)		
r 11 (poundage)		
r 12 (security for costs)		
r 13 (duties discharged by serjeant-at-
arms in England to be discharged by sheriff)		

Order 69 (effect of noncompliance)	
See Division 2.14.2 (failure to comply with rules or order)	
r 1 (noncompliance with rules not to
render proceedings void)	r 1450 (effect or failure to comply with
rules)	
r 2 (application to set aside for
irregularity)	r 1451 (application because of failure to
comply with rules)	
r 3 (objections of irregularity)	r 1451 (application because of failure to
comply with rules)	

Order 69A (applications to transfer proceedings– Magistrates Court Act, pt 4.4)		
r 1 (applications by motion)		

Part 3 – Administration and
Probate jurisdiction		

Order 72 (administration and probate)	
Part 3.1 (administration and probate)	
		
Division 72.1 (preliminary)	Division 3.1.1 (administration and probate–general)	
r 1 (definitions for o 72))	r 3000 (definitions–pt 3.1)	
r 1A (words and expressions used in
Administration and Probate Act)	r 3001 (terms used in Administration and
Probate Act)	
r 2 (title of proceedings)		
		
Division 72.2 (application for representation)	Division 3.1.2 (application for grant of representation)	
r 3 (notice of intended application for
representation)	r 3006 (grant of representation–notice of
intention to apply to be published in newspaper etc)	

r 3 (5) (notice of intended application for
representation)	r 3010 (grant of representation–
supporting affidavit for application)	
r 4 (notice of intended application for
reseal of foreign grant)	r 3021 (reseal of foreign grant–notice of
intention to apply to be published in newspaper etc)	
r 5 (form of application)	r 3005 (grant of representation–
application);
r 3020 (reseal of foreign grant–
application)	
r 6 (application for probate – supporting
affidavits)	r 3010 (grant of representation–
supporting affidavit for application);
r 3011 (grant of representation–affidavit of search)	
r 7 (proof of execution of will and
attestation)	r 3030 (grant of representation–evidence
of proper attestation of will)	
r 8 (proof of execution of will and
blindness of testator etc)	r 3031 (grant of representation–will by
blind or illiterate person)	
r 9 (1) & (2) (further evidence of due
execution etc)	r 3034 (grant of representation–evidence
of proper execution of will etc)	
r 9 (3) (further evidence of due execution
etc)	r 3032 (grant of representation–
alterations in will)	
r 10 (deeds etc referred to in will)	r 3033 (grant of representation–
documents mentioned in or attached to will)	
r 11 (appearance of the paper)	r 3033 (grant of representation–
documents mentioned in or attached to will)	
r 12 (application for administration with
will annexed – supporting affidavits)	r 3010 (grant of representation–
supporting affidavit for application);
r 3011 (grant of representation–affidavit of search)	
r 13 (where will inoperative)		
r 14 (application for administration –
supporting affidavits)	r 3011 (grant of representation–affidavit
of search)	
r 14A (application for reseal of foreign
grant – supporting affidavits)	r 3022 (reseal of foreign grant–supporting
affidavit for application);
r 3023 (reseal of foreign grant–affidavit of search)	
r 15 (application by creditors)	r 3008 (grant of administration–notice of
intention of creditor to apply to be served on domestic partner and next of kin);
r 3010 (grant of representation–
supporting affidavit for application)	
r 16 (applications where public trustee
has obtained order to collect)	r 3009 (grant of representation–when
notice of intention to apply to be served on public trustee)	
r 17 (address for service)		
r 18 (notice to other next of kin)	r 3007 (grant of administration–notice of
intention to apply to be served on non-	

	applicant domestic partner or next of kin)	
r 19 (registrar refusing to deal with
application)		
		
Division 72.3 (administration during minority)		
r 20 (grants of administration during
minority)	r 3116 (grant of administration–grant to
child)	
r 21 (election and assignment of guardians)		
r 21 (4) (election and assignment of
guardians)	r 3010 (grant of representation–
supporting affidavit for application)	
		
Division 72.4 (small estates)	(Not retained)	
r 23 (applications in the case of small
estates)		
r 25 (applications previously made
through solicitor)		
r 26 (where directions of court obtained)		
r 27 (affidavits etc to be filled up by
registrar)		
r 28 (certificate of death to be produced)		
r 29 (engrossment of wills etc)		
		
Division 72.5 (administration bonds)	Division 3.1.5 (administration bonds)	
r 30 (administration bond)	r 3045 (administration bond–requirement
for bond)	
r 30A (dispensing with administration
bond)	r 3046 (administration bond–dispensing
with bond)	
r 31 (form of administration bond)		
r 31A (affidavit of justification)	r 3047 (administration bond–affidavit of
jurisdiction)	
r 32 (exempt surety)	r 3048 (administration bond–exempt
surety)	
r 32A (administration bond – addition or
reduction after required but before given)	r 3049 (administration bond–addition or
reduction after required but before given)	
r 32B (administration bond – addition or
reduction after given)	r 3050 (administration bond–addition or
reduction after given)	
r 33 (proceeding on an administration
bond)	r 3051 (administration bond–proceeding
on bond)	
r 33A (application by surety)	r 3052 (administration bond–application
by surety)	
		
Division 72.6 (delay in application)		
r 34 (delay in applying for representation)		
		
Division 72.7 (citations)		
r 35 (citations)		

		
Division 72.8 (sale and management of real estate)		
r 36 (application as to time and mode of
sale etc of real estate)	r 3117 (order about administration of real
estate–Administration and Probate Act, s
51)	
		
Division 72.9 (inventory and accounts)	See now Part 2.20 (trusts, estates, accounts and inquiries)	
r 37 (filing of inventory)		
r 38 (filing etc of accounts)		
r 39 (notice of filing accounts)		
r 40 (objection to passing of accounts)		
r 41 (order as to service on taking of
accounts)		
r 42 (persons interested may attend on
taking accounts)		
r 43 (certificate as to correctness of
accounts)		
r 44 (entry of accounts for allowance by
court)		
r 45 (appeal from finding of registrar)		
r 46 (application if registrar refuses
accounts)		
r 47 (time for beginning appeal)		
r 48 (service of notice of motion under r
46 and r 47)		
r 50 (failure to comply with provisions)		
r 51 (filing of inventory may be
dispensed with)		
r 51A (inquiry as to outstanding estate)		
r 51B (directions to be numbered)		
		
Division 72.10 (caveats)	Division 3.1.7 (caveats)	
r 52 (caveats)	r 3066 (caveat–filing)	
r 52 (1) (caveats)	r 3068 (caveat–period of operation)	
r 53 (return of order nisi)		
r 54 (particulars of objection)		
r 55 (special grounds of objection)		
r 56 (witnesses)		
r 57 (affidavits to be filed and notice
served)		
r 58 (discovery and inspection of
documents)		
		
Division 72.11 (revocation of representation)	Division 3.1.8 (revocation of grant)	
r 58A (motion for revocation)	r 3081 (revocation of grant–application)	
r 59 (suits for revocation of probate or	r 3082 (revocation of grant–orders);	

administration)	r 3083 (revocation of grant–return of
original grant)	
		
Division 72.12 (administration by public trustee)	Division 3.1.6 (administration by public trustee)	
r 60 (application to collect and
administer)	r 3055 (administration by public trustee–
application)	
r 61 (renunciation of probate in favour of
public trustee)	r 3056 (administration by public trustee–
renunciation of probate by executors)	
r 62 (persons declining to apply for
administration)	r 3057 (administration by public trustee–
renunciation of letters of administration by entitled people)	
r 63 (notice of intended application for
probate etc)	r 3009 (grant of representation–when
notice of intention to apply to be served on public trustee)	
r 64 (petitions etc to be filed in office of
public trustee)	r 3058 (administration by public trustee–
service of documents on public trustee)	
r 65 (notification by public trustee)		
r 66 (bills of costs)		
		
Division 72.13 (miscellaneous)		
r 69 (form of acknowledgment under Act
s 56)		
r 70 (grants of representation)		

Part 4 – Foreign judgments		

Order 74A (reciprocal enforcement of judgments under Foreign Judgments Act
1991 (Cwlth))	
See now Part 3.8 (foreign judgments–reciprocal enforcement)	
r 1 (meaning of Act in o 74A)	r 3470 (definitions–pt 3.8)	
r 1A (expressions have the same meaning
as in the Foreign Judgments Act)	r 3471 (terms used in Foreign Judgments
Act)	
r 2 (application of o 74A)		
r 3 (application for an order for
registration)		
r 4 (supporting affidavits)	r 3474 (foreign judgment–evidence in
support of application for registration)	
r 5 (registration)	r 3476 (foreign judgment–order for
registration)	
r 6 (notice of registration)	r 3479 (foreign judgment–notice of
registration)	
r 6 (1) (notice of registration)	r 3473 (foreign judgment–application for
registration)	
r 7 (affidavit of service to be filed)	r 3480 (notice of registration–affidavit of	

	service to be filed)	
r 8 (time limit)	r 3481 (registration of judgment–
application to set aside)	
r 9 (court may give directions)		
r 10 (security for costs)	r 3475 (foreign judgment–security for
costs of application for registration)	
r 11 (record of registered judgment)	r 3478 (foreign judgment–registration)	

Part 5 – Adoption jurisdiction		

Order 76 (adoption)	
Part 3.2 (adoption)	
Division 76.1 (preliminary)	Division 3.2.1 (adoption–general)	
r 1 (definitions for o 76)	r 3150 (definitions–pt 3.2)	
r 1A (words and expressions used in
Adoption Act)	r 3151 (terms used in Adoption Act)	
		
Division 76.2 (adoption orders)	Division 3.2.2 (adoption orders)	
r 2 (references to applicants in div 76.2)	r 3155 (references to applicants–div
3.2.2)	
r 3 (adoption orders - application)	r 3156 (adoption order–application)	
r 4 (adoption orders – notice of
application)	r 3159 (adoption order–service of
application on chief executive)	
r 5 (adoption orders – affidavit in support
of application)	r 3157 (adoption order–supporting
affidavit for application)	
r 6 (adoption orders – documents in
support of application)	r 3158 (adoption order–documents
accompanying application)	
r 7 (adoption orders – entry of appearance
opposing application)	r 3160 (adoption order–notice of
intention to oppose)	
r 8 (form of interim order)		
r 9 (form of adoption order)		
		
Division 76.3 (orders for dispensing with consent to adoption)	Division 3.2.3 (orders for dispensing with consent to adoption)	
r 10 (dispensing orders – application)	r 3170 (dispensing order–application)	
r 11 (dispensing orders – notice of
application)	r 3171 (dispensing order–service of
application)	
r 12 (dispensing orders – entry of
appearance opposing application)	r 3172 (dispensing order–notice of
intention to oppose)	
r 13 (form of dispensing order)	r 3035 (grant of representation–will
inoperative or partly inoperative)	
		
Division 76.4 (variation of adoption orders)	Division 3.2.4 (amendment of adoption order)	
r 14 (variation orders – application )	r 3180 (amendment order–application)	
r 15 (variation orders – notice of
application)	r 3181 (amendment order–service of
application)	
r 16 (variation orders – entry of	r 3182 (amendment order–notice of	

appearance opposing application)	intention to oppose)	
		
Division 76.5 (discharge of interim orders and adoption orders)	Division 3.2.5 (discharge of interim orders and adoption orders)	
r 17 (discharging orders – application)	r 3190 (discharging order–application)	
r 18 (discharging orders – notice of
application)	r 3191 (discharging order–service of
application)	
r 19 (discharging orders – entry of
appearance opposing application)	r 3192 (discharging order–notice of
intention to oppose)	
		
Division 76.6 (access to identifying information)	Division 3.2.6 (access to identifying information)	
r 20 (access to identifying information –
application)	r 3200 (order for access to identifying
information–application)	
r 21 (access to identifying information –
notice of application)	r 3201 (order for access to identifying
information–service of application)	
r 22 (access to identifying information –
entry of appearance opposing application)	r 3202 (order for access to identifying
information–notice of intention to oppose)	
r 23 (form of order for access to
identifying information)		
		
Division 76.7 (general procedures)	Division 3.2.7 (adoption proceedings–
general procedures)	
r 24 (applications by motion without
notice)		
r 25 (service of notice of applications)	r 3210 (adoption proceedings–service of
applications)	
r 26 (Chambers hearings)		
r 27 (evidence)		
r 28 (adjournments, extensions of time,
directions)		

Part 6 – Proceedings under Jurisdiction of Courts (Cross- vesting) Act 1993		

Order 78 (cross-vesting law proceedings)	
Part 3.5 (cross-vesting)	
r 1 (application of o 78)		
r 2 (definitions for o 78)	r 3300 (definitions–pt 3.5)	
r 3 (applications under the Act)	r 3303 (cross-vesting–application for
transfer or removal of proceedings)	
r 4 (applications for transfer of
proceedings)		
r 4 (2) (applications for transfer of
proceedings)	r 3304 (cross-vesting–application by
Attorney-General)	

r 5 (removal of proceedings)	r 3303 (cross-vesting–application for
transfer or removal of proceedings); r 3305 (cross-vesting–removal of proceedings)	
r 6 (1) & (2) (proceedings in which
jurisdiction under cross-vesting laws is or may be invoked)	r 3306 (cross-vesting–relying on
jurisdiction under cross-vesting laws)	
r 6 (1) (b) (proceedings in which
jurisdiction under cross-vesting laws is or may be invoked)	r 3308 (cross-vesting–directions)	
r 6 (3) to (5) (proceedings in which
jurisdiction under cross-vesting laws is or may be invoked)	r 3307 (cross-vesting–service)	
r 7 (1) (proceedings transferred under
cross-vesting laws)	r 3309 (cross-vesting–procedure
following transfer of proceeding from court)	
r 7 (2) & (3) (proceedings transferred
under cross-vesting laws)	r 3310 (cross-vesting– procedure
following transfer of proceeding to court)	
r 8 (conduct of proceedings)	r 3308 (cross-vesting–directions);
r 3311 (cross-vesting–application of another jurisdiction’s written law);
r 3312 (cross-vesting–application of another jurisdiction’s rules of evidence and procedure)	

Part 7 – Disputed elections and questions referred by Legislative Assembly – Electoral Act 1992		

Order 79 (electoral matters)	
Part 3.6 (electoral matters)	
		
Division 79.1 (preliminary)	Division 3.6.1 (electoral matters–
general)	
r 1 (definitions for o 79)	r 3350 (definitions–pt 3.6)	
r 2 (application of rules)	See now r 3352 (application–pt 3.6);
r 3353 (election application etc originating application)	
		
Division 79.2 (disputed elections)	Division 3.6.2 (disputed elections)	
r 3 (deposit as security for costs)	r 3355 (disputed election–deposit as
security for costs)	
r 4 (public notice of application)	r 3356 (disputed election–public notice of
election application)	
r 5 (parties to proceeding)	r 3357 (disputed election–parties to
proceeding)	
r 6 (particulars of contested ballot papers)	r 3359 (disputed election–particulars of	

	contested ballot papers)	
r 7 (countercharges)	r 3360 (disputed election–
countercharges)	
r 8 (evidence of voting in Antarctica)		
r 9 (trial)	r 3361 (disputed election–time of trial
etc)	
r 10 (substitution of applicant)	r 3362 (disputed election–substitution of
plaintiff)	
r 11 (1) (withdrawal and substitution of respondent)	r 3363 (disputed election–withdrawal of defendant)	
r 11 (2) (withdrawal and substitution of
respondent)	r 3364 (disputed election–substitution of
defendant)	
r 12 (inspection of list of applications)		
		
Division 79.3 (questions referred by
Legislative Assembly)	Division 3.6.3 (questions referred by
Legislative Assembly)	
r 13 (parties to proceeding)	r 3400 (question referred–parties to
proceeding)	
		
Division 79.4 (miscellaneous)	See now Division 3.6.4 (electoral matters–general procedure)	
r 14 (further particulars)	r 3405 (electoral matters–better
particulars)	

Part 8 – Criminal jurisdiction	
See now Chapter 4 – Criminal proceedings	

Order 80 (criminal proceedings)	
See now Part 4.1 (criminal proceedings – general) and Part 4.3 (Supreme Court criminal proceedings)	
		
Division 80.1 (preliminary)	Division 4.3.1 (Supreme Court criminal proceedings–preliminary)	
r 1 (definitions for o 80)	r 4700 (definitions–pt 4.3)	
		
Division 80.2 (dispensing with compliance – criminal proceedings)		
r 2 (dispensing with compliance with o
80)	r 6 (dispensing with rules)	
		
Division 80.3 (application of pt 2 to criminal proceedings)	Division 4.1.1 (criminal proceedings–
application of ch 2)	
r 3 (application of civil rules to criminal
proceedings)	r 1450 (effect or failure to comply with
rules);
r 1451 (application because of failure to	

comply with rules);
r 6005 (definitions–pt 6.2);
r 6007 (application in proceeding–
contents);
r 6008 (application in proceeding–filing and service);
r 6009 (application in proceeding–filing and service of supporting material);
r 6010 (application in proceeding–
absence of party);
r 6011 (application in proceeding– dismissal or adjournment if application not served etc);
r 6012 (application in proceeding–
adjournment generally);
r 6013 (application in proceeding–
adjournment without attendance);
r 6014 (application in proceeding–further hearing);
r 6016 (application in proceeding–oral application);
r 6100 (application–div 6.3.1);
r 6102 (documents–general heading style);
r 6103 (documents–layout etc);
r 6105 (documents–use of figures);
r 6106 (documents–signing);
r 6107 (documents–alterations);
r 6120 (filing documents–number of copies);
r 6140 (rejecting documents–
noncompliance with rules etc);
r 6142 (rejecting documents–abuse of process etc);
r 6144 (rejecting document–costs);
r 6300 (office hours);
r 6304 (documents–sealing and stamping);
r 6350 (time–certain days excluded in working out);
r 6703 (evidence by telephone etc);
r 6710 (affidavit–form);
r 6711 (affidavit–contents);
r 6712 (affidavit–annexures and exhibits);
r 6713 (affidavit–document included in);
r 6714 (affidavit–when may be taken);
r 6715 (affidavit–taking of);
r 6716 (affidavit–certificate of reading or signature for person making);
r 6717 (affidavit–alterations in);

	r 6718 (affidavit–filing and service);
r 6719 (affidavit–irregular in form);
r 6720 (affidavit–scandalous matter etc); r 6721 (affidavit–cross-examination of maker);
r 6760 (meaning of subpoenaed document or thing–div 6.10.5);
r 6761 (registrar to keep record of proceeding);
r 6762 (custody of exhibits after proceeding);
r 6763 (duty of parties to claim exhibits);
r 6764 (return of subpoenaed document or thing);
r 6765 (requirement to give or send exhibit);
r 6767 (power to allow removal of exhibits etc);
r 6800 (application for direction under Evidence (Miscellaneous Provisions) Act, s 20);
r 6801 (directions for Evidence
(Miscellaneous Provisions) Act, s 20)	
		
Division 80.4 (service in criminal proceedings)	Division 4.1.2 (criminal proceedings–
service)	
r 4 (meaning of accused person for div
80.4–bail applications)	r 4005 (meaning of accused person for
div 4.1.2–bail applications)	
r 5 (application of o 10 to criminal
proceedings)	r 4006 (criminal proceedings–application
of pt 6.8)	
r 6 (service on accused person by filing if
no address for service)	r 4007 (criminal proceedings–service on
accused person by filing if no address for service)	
r 7 (service if no-one found at accused
person’s address for service)	r 4008 (criminal proceedings–service if
no-one found at accused person’s address for service)	
r 8 (service of documents when
unrepresented accused person in custody)	r 4009 (criminal proceedings–service of
documents when unrepresented accused person in custody);
r 6437 (service on detainees)	
		
Division 80.5 (representation in criminal proceedings)	Division 4.3.2 (Supreme Court criminal proceedings–representation)	
r 9 (definitions for div 80.5)	r 4705 (meaning of criminal proceeding–
div 4.3.2)	
r 10 (notice of solicitor acting)	r 4706 (Supreme Court criminal
proceedings–notice of solicitor acting)	
r 11 (solicitor’s instructions to act for
accused person ended)	r 4710 (Supreme Court criminal
proceedings–solicitor’s instructions to act for accused person ended)	

r 12 (withdrawal of solicitor)	r 4711 (Supreme Court criminal
proceedings–withdrawal of solicitor)	
r 13 (handing over depositions)	r 4712 (Supreme Court criminal
proceedings–handing over depositions)	
		
Division 80.6 (bail)	Division 4.3.3 (Supreme Court criminal proceedings–bail)	
r 14 (meaning of accused person for div
80.6)	r 4720 (meaning of accused person–div
4.3.3)	
r 15 (application in relation to bail by
accused person)	r 4721 (Supreme Court bail application in
relation to accused person)	
r 16 (application in relation to bail by
informant)	r 4722 (Supreme Court bail application
by informant)	
		
Division 80.7 (pre-trial procedure)	Division 4.3.4 ((Supreme Court criminal proceedings–pre-trial procedure)	
r 17 (application of div 80.7)	r 4730 (application–div 4.3.4)	
r 18 (appearance of accused person)	r 4731 (Supreme Court criminal
proceedings–appearance of accused person)	
r 19 (appearance when committed for
sentence)	r 4732 (Supreme Court criminal
proceedings–appearance when committed for sentence)	
r 20 (appearance when committed for
trial)	r 4733 (Supreme Court criminal
proceedings–appearance when committed for trial)	
r 21 (pre-trial questionnaire)	r 4734 (Supreme Court criminal
proceedings–pre-trial questionnaire)	
r 22 (pre-arraignment conference)	r 4735 (Supreme Court criminal
proceedings–pre-arraignment conference)	
r 23 (arraignment)	r 4736 (Supreme Court criminal
proceedings–arraignment)	
r 24 (pre-trial directions hearing)	r 4737 (Supreme Court criminal
proceedings–pre-trial directions hearing)	
		
Division 80.8 (pre-trial applications)	Division 4.3.5 ((Supreme Court criminal proceedings–pre-trial applications)	
r 25 (applications to set aside or stay
proceedings)	r 4750 (Supreme Court criminal
proceedings–application to set aside or stay proceeding)	
r 26 (applications for separate trials)	r 4751 (Supreme Court criminal
proceedings–application for separate trials)	
r 27 (other pre-trial applications)	r 4752 (Supreme Court criminal
proceedings–other pre-trial applications)	
r 28 (applications under r 25, r 26 and r
27)	r 4753 (Supreme Court criminal
proceedings–applications under r 4750, r	

	4751 and r 4752)	
		
Division 80.9 (criminal proceedings–
other provisions)	Division 4.1.4 (criminal proceedings–
other provisions) and
Division 4.3.6 (Supreme Court criminal proceedings–other provisions)	
r 29 (arraignment dates)	r 4780 (Supreme Court criminal
proceedings–arraignment dates)	
r 30 (production of person in custody)	r 4050 (criminal proceedings–production
of person in custody)	
r 31 (defence response to prosecutor’s
opening address)	r 4051 (criminal proceedings–defence
response to prosecutor’s opening address)	
r 32 (execution of documents)	r 4052 (criminal proceedings–execution
of documents)	
r 33 (inspection of registry files)	r 4053 (criminal proceedings–inspection
of registry files)	
r 34 (certificate of conviction)	r 4054 (criminal proceedings–certificate
of conviction)	
r 35 (preparation of judgments)	r 4055 (criminal proceedings–preparation
of judgments)	

Part 9 – Registration of foreign forfeiture orders	
See now Part 3.7 (foreign and interstate confiscation orders–registration)	

Order 81 (procedure for registration of foreign forfeiture orders)	
See now Division 3.7.1 (foreign confiscation orders– registration)	
r 1 (definitions for o 81)	r 3450 (definitions–div 3.7.1)	
r 2 (register)	r 3452 (foreign confiscation orders–
register)	
r 3 (registration)	r 3453 (foreign confiscation orders–
registration)	
r 4 (1) to (5) (proceedings for
registration)	r 3454 (foreign confiscation orders–
proceedings for registration)	
r 4 (6) (proceedings for registration)	r 3455 (foreign confiscation orders–when
registration cancelled)	

Part 10 – Registration of interstate forfeiture orders	
See now Part 3.7 (foreign and interstate confiscation orders–registration)	

Order 82 (procedure for registration of interstate forfeiture orders)	
See now Division 3.7.2 (interstate confiscation orders– registration)	
r 1 (definition for o 82)	r 3460 (definitions–div 3.7.2)	
r 2 (register)	r 3461 (interstate confiscation orders–
register)	
r 3 (registration)	r 3462 (interstate confiscation orders–
registration)	
r 4 (1) to (4) (proceedings for
registration)	r 3463 (interstate confiscation orders–
proceedings for registration)	
r 4 (5) (proceedings for registration)	r 3464 (interstate confiscation orders–
when registration cancelled)	
r 5 (filing of amendments to forfeiture
orders)	r 3465 (interstate confiscation orders–
filing of amendments etc)	
r 6 (registration of interstate orders under
Proceeds of Crime Act 1991
(repealed) – transitional)	Not retained	

Part 11 – Matters arising under Evidence and Procedure (New Zealand) Act
1994 (Cwlth)		

Order 83 (Evidence and
Procedure (New Zealand) Act
1994 (Cwlth))	
See now Division 6.8.10 (service of subpoenas in New Zealand) and
Division 6.10.7 (taking evidence
from New Zealand by video link or telephone)	
Division 83.1 (preliminary)		
r 1 (meaning of Act in o 83)		
r 2 (words and expressions used in
Evidence and Procedure (New
Zealand) Act)	r 6521 (terms used in Evidence and
Procedure (New Zealand) Act)
r 6805 (terms used in Evidence and
Procedure (New Zealand) Act)	
		
Division 83.2 (service of subpoena in	Division 6.8.10 (service of subpoenas in	

New Zealand)	New Zealand)	
r 3 (application for leave to serve)	r 6522 (application for leave to serve
subpoena in New Zealand)	
r 4 (supporting affidavit)	r 6523 (supporting affidavit–application
for leave to serve subpoena in New
Zealand)	
r 5 (ex parte hearing)	r 6524 (application for leave to serve
subpoena in New Zealand need not be served etc)	
r 6 (undertaking about expenses)	r 2903 (inspection of registry files);
r 6525 (undertaking about paying loss or expense in complying with subpoena served in New Zealand)	
r 7 (leave to search etc)		
		
Division 83.3 (failure to comply with subpoena)		
r 8 (issue of certificate)	r 6527 (noncompliance with subpoena
served in New Zealand)	
r 9 (application for issue of certificate)	r 6527 (noncompliance with subpoena
served in New Zealand)	
r 10 (supporting affidavit)	r 6527 (noncompliance with subpoena
served in New Zealand)	
		
Division 83.4 (setting aside subpoena)		
r 11 (application to set aside)	r 6526 (setting aside subpoena for service
in New Zealand)	
r 12 (copy of affidavit to party)	r 6526 (setting aside subpoena for service
in New Zealand)	
r 13 (determination of application)	r 6526 (setting aside subpoena for service
in New Zealand)	
r 14 (objection to no hearing)	r 6526 (setting aside subpoena for service
in New Zealand)	
r 15 (hearing by videolink or telephone)	r 6526 (setting aside subpoena for service
in New Zealand)	
		
Division 83.5 (evidence by videolink or telephone)	Division 6.10.7 (taking evidence from New Zealand by video link or telephone)	
r 16 (application for direction)	r 6806 (application for direction under
Evidence and Procedure (New Zealand) Act, s 25)	
r 17 (supporting affidavit)	r 6806 (application for direction under
Evidence and Procedure (New Zealand) Act, s 25)	
r 18 (relevant considerations)	r 6806 (application for direction under
Evidence and Procedure (New Zealand) Act, s 25)	
r 19 (directions)	r 6807 (directions for Evidence and	

	Procedure (New Zealand) Act, s 25)	
		
Division 83.6 (fax copies)		
r 20 (application of the Act, pt 6)		
r 21 (filed copy of fax)		

Part 12 - Appeals	
See now Chapter 5 – Appellate proceedings	

Order 84 (appeals to Supreme Court other than to Court of Appeal)	
See now Part 5.2 (appeals from master or registrar) and
Part 5.3 (appeals to Supreme
Court)2	
r 1 (definitions for o 84)	r 5010 (definitions–pt 5.2);
r 5050 (definitions–pt 5.3)	
r 1A (meaning of registrar for o 84)	r 5050 (definitions–pt 5.3)	
r 2 (application of o 84)	r 5011 (application–pt 5.2);
r 5051 (application–pt 5.3)	
r 2A (non-publication order)	r 5053 (appeals to Supreme Court–non-
publication order)	
r 3 (institution of appeals)	r 5100 (appeals to Supreme Court–
starting appeal)	
r 4 (notice of appeal)	r 5101 (appeals to Supreme Court–
requirements for notice of appeal etc)	
r 4 (2) & (3) (notice of appeal)	r 5071 (appeals to Supreme Court–
application for leave to appeal)	
r 4 (6) (notice of appeal)	r 5112 (appeals to Supreme Court–cross-
appeal)	
r 5 (appearance)	r 5108 (appeals to Supreme Court–notice
of intention to respond)	
r 5 (1) (appearance)	r 5101 (appeals to Supreme Court–
requirements for notice of appeal etc)	
r 6 (other parties)	r 5102 (appeals to Supreme Court–parties
to appeal)	
r 7 (lodgment of notice of appeal)	r 5103 (appeals to Supreme Court–time
for filing notice of appeal)	
r 8 (extension of time)	r 5103 (appeals to Supreme Court–time
for filing notice of appeal)	
r 9 (date for settlement of appeal papers)	r 5106 (appeals to Supreme Court–date
for settlement of appeal papers)	

2 Note that there are quite a few new rules that were based on various provisions of Order 86 (appeals to Court of Appeal), which are not listed here, because the new rules only relate to appeals to the Supreme Court, and do not have any current equivalent under Order 84. See eg. Division 5.3.2 (appeals to Supreme Court–leave to appeal) and Division 5.6.1 (reference appeals–Supreme Court) and Division
5.7.1 (questions referred–Supreme Court).

r 10 (service of notice of appeal)	r 5016 (appeals from master or registrar–
serving notice of appeal);
r 5107 (appeals to Supreme Court–
serving notice of appeal)	
r 11 (security for costs)	r 5055 (appeals to Supreme Court–
security for costs)	
r 12 (stay of decision)	r 5017 (appeals from master or registrar–
stay and reinstatement);
r 5054 (appeals to Supreme Court–stay and reinstatement)	
r 13 (documents)	r 5110 (appeals to Supreme Court–
documents)	
r 14 (discontinuance of appeal)	r 5171 (appeals to Supreme Court–
discontinuance of appeal)	
r 15 (amendment of notice of appeal)	r 5111 (appeals to Supreme Court–
amending notice of appeal)	
r 16 (cross-appeals)	r 5112 (appeals to Supreme Court–cross-
appeal)	
r 17 (notice of contention)	r 5115 (appeals to Supreme Court–notice
of contention)	
r 18 (settling of appeal papers)	r 5131 (appeals to Supreme Court–
settlement of appeal papers)	
r 19 (1) (a) to (c) (preparation of appeal
papers)	r 5132 (appeals to Supreme Court–
content of appeal papers)	
r 19 (1) (d) & (e) (preparation of appeal
papers)	r 5133 (appeals to Supreme Court–
presentation of appeal papers)	
r 19 (2) & (3) (preparation of appeal
papers)	r 5134 (appeals to Supreme Court–filing
and serving appeal papers)	
r 20 (setting down appeal for hearing)	r 5135 (appeals to Supreme Court–setting
appeal for hearing)	
r 21 (further evidence on appeal–
Magistrates Court Act 1930, s 214)	r 5193 (further evidence on appeal to
Supreme Court–Magistrates Court Act
1930, s 214)	
r 22 (written summary and list for appeal
hearing)	r 5137 (appeals to Supreme Court–
written summary and list for appeal hearing)	
r 23 (summaries of arguments)	r 5138 (appeals to Supreme Court–
summaries of arguments)	
r 24 (list of authorities, legislation and
texts)	r 5139 (appeals to Supreme Court–list of
authorities, legislation and texts)	
r 25 (abandonment of ground of appeal)	r 5170 (appeals to Supreme Court–
abandonment of ground of appeal)	

Order 85 (order nisi to review)	
See now Part 5.5 (orders to review Magistrates Court decisions)	
r 1 (definitions for o 85)	r 5700 (meaning of review order–pt 5.5)	
r 2 (applications)	r 5701 (review orders–application for	

	order)	
r 3 (affidavits)	r 5702 (review orders–affidavits)	
r 4 (service of applications)	r 5703 (review orders–service of
applications)	
r 5 (parties)	r 5701 (review orders–parties)	
r 6 (form of order nisi)		
r 7 (service of order nisi)	r 5701 (review orders–service of review
order)	
r 8 (appearance to order nisi)	r 5706 (review orders–notice of intention
to respond to review order)	
r 9 (application to revoke order nisi)	r 5710 (review orders–application to
revoke review order)	

Order 86 (appeals to Court of
Appeal)	
See now:
Part 5.4 – Appeals to Court of
Appeal;
Division 5.6.2 (reference appeals–Court of Appeal); Division 5.7.2 (questions
referred–Court of Appeal); and
Part 5.8 – Written cases	
		
Division 86.1 (interpretation for order
86)	Division 5.4.1 (appeals to Court of
Appeal–preliminary)	
r 1 (meaning of court in o 86)	r 5300 (meaning of court–pt 5.4);
r 5831 (definitions–div 5.7.2)	
		
Division 86.2 (leave to appeal from interlocutory judgments of court)	Division 5.4.2 (appeals to Court of Appeal–leave to appeal from interlocutory judgments)	
r 2 (application of div 86.2)	r 5310 (application–div 5.4.2)	
r 3 (application for leave to appeal –
interlocutory judgment)	r 5311 (appeals to Court of Appeal–
application for leave to appeal)	
r 4 (requirements for notice of motion for
leave to appeal – interlocutory judgment)	r 5311 (appeals to Court of Appeal–
application for leave to appeal)	
r 5 (time for filing notice of motion for
leave to appeal – interlocutory judgment)	r 5312 (appeals to Court of Appeal–time
for filing application for leave to appeal)	
r 6 (service of notice of motion for leave
to appeal – interlocutory judgment)	r 5314 (appeals to Court of Appeal–
serving application for leave to appeal)	
r 7 (appearance to notice of motion for
leave to appeal – interlocutory judgment)	r 5315 (appeals to Court of Appeal–
notice of intention to respond to application for leave to appeal)	
r 8 (time for filing and service of
affidavits by respondents to notice of motion for leave to appeal –	r 5316 (appeals to Court of Appeal–time
for filing etc respondent’s affidavits for leave to appeal)	

interlocutory judgment)		
		
Division 86.3 (leave to appeal out of time from final judgments of court)	Division 5.4.3 (appeals to Court of Appeal–leave to appeal out of time from final judgments)	
r 9 (definitions for div 86.3)	r 5330 (definitions–div 5.4.3)	
r 10 (application of div 86.3)	r 5331 (application–div 5.4.3)	
r 11 (application for leave to appeal out
of time – final judgment)	r 5332 (appeals to Court of Appeal–
application for leave to appeal out of time)	
r 12 (requirements for notice of motion
for leave to appeal out of time – final judgment)	r 5332 (appeals to Court of Appeal–
application for leave to appeal out of time)	
r 13 (filing and service of notice of
motion for leave to appeal out of time
– final judgment)	r 5333 (appeals to Court of Appeal–filing
application for leave to appeal out of time);
r 5335 (appeals to Court of Appeal– serving application for leave to appeal out of time)	
r 14 (appearance to notice of motion for
leave to appeal out of time – final judgment)	r 5336 (appeals to Court of Appeal–
notice of intention to respond to application for leave to appeal out of time)	
r 15 (time for filing and service of
affidavits by respondents to notice of motion for leave to appeal out of time
– final judgment)	r 5337 (appeals to Court of Appeal–time
for filing etc respondent’s affidavits for leave to appeal out of time)	
		
Division 86.4 (appeals from court)	See now:
Division 5.4.4 (appeals to Court of Appeal–procedure generally); Division 5.4.5 (appeals to Court of Appeal–appeal papers and hearing); and
Division 5.4.6 (appeals to Court of
Appeal–ending all or part of appeal)	
r 16 (meaning of appeal in div 86.4)	r 5400 (definitions–divs 5.4.4-5.4.6)	
r 17 (application of div 86.4)	(See now r 5401)	
r 18 (filing of notice of appeal)	r 5402 (appeals to Court of Appeal–
starting appeal)	
r 19 (requirements for notice of appeal)	r 5403 (appeals to Court of Appeal–
requirements for notice of appeal etc)	
r 20 (parties to appeal)	r 5404 (appeals to Court of Appeal–
parties to appeal)	
r 21 (appearance to appeal)	r 5410 (appeals to Court of Appeal–
notice of intention to respond)	
r 22 (time for filing and serving notice of
appeal)	r 5405 (appeals to Court of Appeal–time
for filing notice of appeal)	
r 23 (service of notice of appeal)	r 5409 (appeals to Court of Appeal–	

	serving notice of appeal)	
r 24 (stay)	r 5301 (appeals to Court of Appeal–stay
and reinstatement)	
r 25 (competency of appeal)	r 5472 (appeals to Court of Appeal–
competency of appeal)	
r 26 (failure to apply for appeal to be
struck out as incompetent – costs)	r 5473 (appeals to Court of Appeal–costs
for failure to apply for appeal to be struck out as incompetent)	
r 27 (discontinuance of appeal)	r 5471 (appeals to Court of Appeal–
discontinuance of appeal)	
r 28 (security for costs)	r 5302 (appeals to Court of Appeal–
security for costs)	
r 29 (amending notice of appeal)	r 5412 (appeals to Court of Appeal–
amending notice of appeal)	
r 30 (cross-appeal)	r 5413 (appeals to Court of Appeal–cross-
appeal);
r 5416 (appeals to Court of Appeal–
notice of contention)	
r 31 (application of certain rules to cross-
appeals)	r 5414 (appeals to Court of Appeal–
application of certain rules to cross- appeals)	
r 32 (keeping exhibits)	r 5607 (appeals to Court of Appeal–
keeping exhibits)	
r 33 (date for settlement of appeal papers)	r 5408 (appeals to Court of Appeal–date
for settlement of appeal papers)	
r 34 (filing of things before settlement of
appeal papers)	r 5430 (appeals to Court of Appeal–filing
of things before settlement of appeal papers)	
r 35 (draft index of appeal papers)	r 5431 (appeals to Court of Appeal–draft
index of appeal papers)	
r 36 (content of appeal papers)	r 5433 (appeals to Court of Appeal–
content of appeal papers)	
r 37 (settlement of appeal papers)	r 5432 (appeals to Court of Appeal–
settlement of appeal papers)	
r 38 (presentation of appeal papers)	r 5434 (appeals to Court of Appeal–
presentation of appeal papers)	
r 39 (filing and serving appeal papers)	r 5435 (appeals to Court of Appeal–filing
and serving appeal papers)	
r 40 (setting down appeal for hearing)	r 5436 (appeals to Court of Appeal–
setting appeal for hearing)	
r 41 (power to change appeal hearing
date)	r 5437 (appeals to Court of Appeal–
changing appeal hearing date)	
r 42 (written summary and list for appeal hearing)	r 5438 (appeals to Court of Appeal–
written summary and list for appeal hearing)	
r 43 (summaries of arguments)	r 5439 (appeals to Court of Appeal–
summaries of arguments)	
r 44 (list of authorities, legislation and
texts)	r 5440 (appeals to Court of Appeal–list of
authorities, legislation and texts)	

r 45 (abandonment of ground of appeal)	r 5470 (appeals to Court of Appeal–
abandonment of ground of appeal)	
r 46 (further evidence on appeal)	r 5606 (appeals to Court of Appeal–
further evidence on appeal)	
r 47 (absence of party)	r 5441 (appeals to Court of Appeal–
absence of party)	
		
Division 86.5 (certain convictions and sentences)	Division 5.4.7 (appeals to Court of
Appeal–convictions and sentences)	
		
Subdivision 86.5.1 (preliminary)	Subdivision 5.4.7.1 (appeals to Court of Appeal–convictions and sentences preliminary)	
r 48 (definitions for div 86.5)	r 5500 (definitions–div 5.4.7)	
		
Subdivision 86.5.2 (leave to appeal out of time against certain convictions and sentences – convicted person)	Subdivision 5.4.7.2 (appeals to Court of Appeal–leave to appeal out of time by convicted person)	
r 49 (application of subdiv 86.5.2)	r 5505 (application–sdiv 5.4.7.2)	
r 50 (application for leave to appeal out
of time – conviction or sentence)	r 5506 (appeals to Court of Appeal–
application for leave to appeal out of time against conviction or sentence)	
r 51 (requirements for application for
leave to appeal out of time –
conviction or sentence)	r 5506 (appeals to Court of Appeal–
application for leave to appeal out of time against conviction or sentence)	
r 52 (service of application for leave to
appeal out of time – conviction or sentence)	r 5508 (appeals to Court of Appeal–
serving application for leave to appeal out of time against conviction or sentence)	
r 53 (response by director of public
prosecutions to application for leave to appeal out of time – conviction or sentence)	r 5509 (appeals to Court of Appeal–
response by DPP to application for leave to appeal out of time against conviction or sentence)	
r 54 (time for filing and service of
affidavits by director of public prosecutions)	r 5509 (appeals to Court of Appeal–
response by DPP to application for leave to appeal out of time against conviction or sentence)	
r 55 (registrar’s decision to give or refuse
leave to appeal out of time –
conviction or sentence)	r 5510 (appeals to Court of Appeal–
registrar’s decision on application for leave to appeal out of time against conviction or sentence)	
		
Subdivision 86.5.3 (leave to appeal out of time against sentence – director of public prosecutions)	Subdivision 5.4.7.3 (appeals to Court of Appeal–leave to appeal out of time by DPP)	
r 56 (application of div 86.3 to certain
appeals by DPP)	r 5520 (application of div 5.4.3 to certain
appeals by DPP)	
		
Subdivision 86.5.4 (additional rules for appeals against certain convictions	See now subdivision 5.4.7.4 (appeals to
Court of Appeal–convictions and	

and sentences)	sentences generally)	
r 57 (application may be treated as
appeal)	r 5530 (appeals to Court of Appeal–
treating application for leave to appeal
out of time against conviction or sentence as appeal)	
r 58 (grounds of appeal)	r 5531 (appeals to Court of Appeal–
grounds of appeal against conviction or sentence)	
r 59 (trial judge’s report)	r 5532 (appeals to Court of Appeal–trial
judge’s report for appeal against conviction or sentence)	
		
Subdivision 86.5.5 (certain convictions and sentences – miscellaneous)	See now subdivision 5.4.7.4 (appeals to Court of Appeal–convictions and sentences generally)	
r 60 (service of documents when
unrepresented party in custody)	r 5533 (appeals to Court of Appeal–
service if convicted person in custody and unrepresented)	
r 61 (convicted person is appellant –
written case and presence)	r 5534 (appeals to Court of Appeal–
written case and presence if convicted person appellant)	
r 62 (order for production of prisoner)	r 5535 (appeals to Court of Appeal–order
for production of prisoner)	
r 63 (fine paid to be kept pending appeal)	r 5536 (appeals to Court of Appeal–fine
paid to be kept pending appeal)	
r 64 (solicitor’s instructions to act for
convicted person ended)	r 5537 (appeals to Court of Appeal–
solicitor’s instructions to act for convicted person ended)	
r 65 (solicitor wants to withdraw from
acting for convicted person)	r 5538 (appeals to Court of Appeal–
solicitor wants to withdraw from acting for convicted person)	
r 66 (notification of result etc)	r 5539 (appeals to Court of Appeal–
notification of result of appeal against conviction etc)	
		
Division 86.6 (cases stated or questions reserved)	See now Division 5.7.2 (questions referred–Court of Appeal)	
r 67 (form and contents)	r 5832 (question referred to Court of
Appeal–form)	
r 68 (preparation and settling of special
case)	r 5833 (special case to Court of Appeal–
preparation and settling)	
r 69 (setting down special case for
hearing)	r 5834 (special case to Court of Appeal–
setting down for hearing)	
r 70 (Court of Appeal can draw
inferences for special case)	r 5835 (special case to Court of Appeal–
court can draw inferences)	
		
Division 86.7 (reference appeals following acquittals on indictment)	Division 5.6.2 (reference appeals– Court of Appeal)	
r 71 (definitions for div 86.7)	r 5770 (definitions–div 5.6.2)	

r 72 (application for reference appeal)	r 5771 (reference appeals to Court of
Appeal–application for reference appeal)	
r 73 (service of application or amended
application for reference appeal)	r 5772 (reference appeals to Court of
Appeal–service of application etc for reference appeal)	
r 74 (appearance by interested party in
reference appeal)	r 5773 (reference appeals to Court of
Appeal–notice of intention to respond by interested party)	
r 75 (discontinuance of reference appeal)	r 5774 (reference appeals to Court of
Appeal–discontinuance of reference appeal)	
r 76 (application of certain rules to
reference appeals)	r 5775 (reference appeals to Court of
Appeal–application of certain rules to reference appeals)	
		
Division 86.8 (written cases)	See now Part 5.8 – Written cases	
r 77 (definitions for div 86.8)	r 5850 (definitions–pt 5.8)	
r 78 (application of div 86.8 to case stated
etc)	r 5851 (application of pt 5.8 to div 5.6.1
etc)	
r 79 (when are written cases used?)	r 5852 (written cases–when used)	
r 80 (appellant wants written case)	r 5853 (written cases–appellant wants
written case)	
r 81 (respondent wants written case)	r 5854 (written cases–respondent wants
written case)	
r 82 (filing and serving written case –
applications)	r 5855 (written cases–filing etc written
case for application)	
r 83 (filing and serving written case –
appeal)	r 5856 (written cases–filing etc written
case for appeal)	
r 84 (form of written case)	r 5857 (written cases–form)	
r 85 (inspection of written cases)	r 5858 (written cases–inspection)	
		
Division 86.9 (miscellaneous)	Division 5.4.8 (appeals to Court of
Appeal–miscellaneous)	
r 86 (service for o 86 generally)		
r 87 (power to amend proceedings in
court below)	r 5600 (appeals to Court of Appeal–
power to amend proceedings in court below)	
r 88 (expediting appeals)	r 5601 (appeals to Court of Appeal–
expediting appeals etc)	
r 89 (directions by Court of Appeal and
registrar about appeal etc)	r 5602 (appeals to Court of Appeal–
directions about appeal etc)	
r 90 (want of prosecution of appeal)	r 5603 (appeals to Court of Appeal–want
of prosecution of appeal)	
r 90A (When court may be constituted by
single judge—Supreme Court Act
1933, s 37J (1) (h))	r 5604 (when Court of Appeal may be
constituted by single judge–Supreme
Court Act 1933, s 37J (1) (h))	
r 90B (Jurisdiction that may be exercised
by single judge—Supreme Court Act
1933, s 37J (3))	r 5605 (jurisdiction of Court of Appeal
that may be exercised by single judge–
Supreme Court Act 1933, s 37J (3))	

r 91 (judgments – accidental slips or
omissions)	r 6906 (mistakes in orders or court
certificates)	

Part 13 – Applications under Administrative Decisions (Judicial Review) Act 1989		

Order 87	
See now Part 3.10 (judicial review)	
r 1 (meaning of Review Act in o 87)	r 3550 (definitions–pt 3.10)	
r 2 (application of rules)		
r 3 (instituting a review – form 1.80)	r 3556 (judicial review–application etc)	
r 3A (other parties – decision made by
tribunal)	r 3556 (judicial review–application etc)	
r 4 (documents to be filed)	r 3563 (judicial review–filing and serving
statements)	
r 5 (notice of objection to competency)		
r 6 (directions)	r 3565 (judicial review–directions on
return date)	
r 7 (staying or dismissing applications)	r 3566 (judicial review–power of the
court to stay or dismiss applications in certain circumstances)	

Part 14 – Arbitration and referees		

Order 88 (commercial arbitration)	
Part 3.3 (commercial arbitration)	
		
Division 88.1 (awards)		
r 1 (definitions for o 88)	r 3250 (meaning of Commercial
Arbitration Act–pt 3.3)	
r 2 (application of rules)		
r 3 (commencement of proceedings)	r 3252 (commercial arbitration–
application)	
r 4 (appeal under Arbitration Act, s 38 by
leave)	r 3253 (commercial arbitration–leave to
appeal under Commercial Arbitration
Act, s 38 (4) (b))	
r 5 (application under Arbitration Act,
s 39)	r 3255 (commercial arbitration–
application under Commercial
Arbitration Act, s 39)	
r 6 (1) (time for appeal or application)	r 3254 (commercial arbitration–appeal
under Commercial Arbitration Act, s 38)	
r 6 (2) (a) (time for appeal or application)	r 3253 (commercial arbitration–leave to
appeal under Commercial Arbitration	

	Act, s 38 (4) (b))	
r 6 (2) (b) & (c) (time for appeal or
application)	r 3256 (commercial arbitration–
application for order under Commercial
Arbitration Act, s 42 (1) or s 43)	
r 6 (2) (d) & (e) (time for appeal or
application)	r 3253 (commercial arbitration–leave to
appeal under Commercial Arbitration
Act, s 38 (4) (b));
r 3256 (commercial arbitration– application for order under Commercial Arbitration Act, s 42 (1) or s 43)	
r 6 (3) (time for appeal or application)	r 3254 (commercial arbitration–appeal
under Commercial Arbitration Act, s 38)	
r 6A (payment into and out of court)	r 3257 (commercial arbitration–payment
into court)	
r 6B (acceptance of amount paid into
court)	r 3257 (commercial arbitration–payment
into court)	
r 6C (amount remaining in court)	r 3257 (commercial arbitration–payment
into court)	
r 6D (nondisclosure of amount paid into
court)	r 3257 (commercial arbitration–payment
into court)	
r 7 (examination of witnesses)	r 3258 (commercial arbitration–
examination of witnesses)	
r 8 (decision to refuse application for
interlocutory order)	r 3259 (commercial arbitration–decision
to refuse application for order in application in proceeding)	
r 9 (application for leave to enforce
award)	r 3260 (commercial arbitration–
application for leave to enforce award)	
r 10 (evidence of award for purposes of
enforcement)	r 3261 (commercial arbitration–evidence
of award for purposes of enforcement)	
r 11 (indorsement and service of order for
enforcement)	r 3262 (commercial arbitration–
endorsement and service of order for enforcement)	
		
Division 88.2 (Master)		
r 12 (powers of Master)		

Order 89 (court-appointed referees)	
See now Division 2.15.4 (assessors and court-appointed referees)	
r 1 (meaning of question in o 89)	r 1500 (meaning of question–pt 2.15)	
r 2 (1) (order referring)	r 1531 (referee–referral of question etc)	
r 2 (2) (order referring)	r 1532 (referee–appointment)	
r 3 (order referring may be varied or set
aside)	r 1533 (referee–amendment of order
referring question etc)	
r 4 (conduct of proceedings under a
reference)	r 1534 (referee–conduct under reference)	
r 4 (2) conduct of proceedings under a
reference)	r 1531 (referee–referral of question etc)	

r 5 (interlocutory directions)		
r 6 (report of referee)	r 1536 (referee–report)	
r 7 (proceedings on report of referee)	r 1537 (referee–proceeding on report)	
r 8 (remuneration of referee)	r 1538 (assessor and referee–
remuneration)	
r 9 (court rooms etc)		

Schedule 2 – Powers of court that may be exercised by Master or Registrar	
See now Schedule 5 – Jurisdiction of Registrar	

Part 2.1 (Corporations Act)	
See now Part 5.2 (jurisdiction related to Corporations Act exercisable by registrar of Supreme Court)	

Part 2.2 (ASIC Act)	
See now Part 5.3 (jurisdiction related to ASIC Act exercisable by registrar of Supreme Court)	

Schedule 3 – Costs	
Schedule 4 – Costs	

Practice Directions and
Notices to Practitioners		
Practice Direction 1/1990	r 1306 (certificate of readiness for trial–
generally);
r 1308 (directions hearing–category A, category B and category D proceedings); r 1309 (listing hearing);
r 1312 (court book);
r 1313 (directions hearings and listing hearings–costs)	
Practice Direction 3/1994	r 1308 (directions hearing–category A,
category B and category D proceedings)	
Practice Direction 3/1999	r 700 (meaning of usual undertaking as
to damages–pt 2.9);
r 715 (inspection, detention, custody and preservation of property–orders)	
Practice Direction 2/2001	Schedule 2 (interest rates) – Part 2.1
(interest up to judgment)	
Practice Direction 1/2003	r 5438 (appeals to Court of Appeal–
written summary and list for appeal	

	hearing)	
Practice Direction 5/2003	r 1312 (court book)	
Practice Direction 2/2004	r 1202 (expert witnesses to agree to be
bound by code of conduct); Schedule 1 (expert witness code of conduct)	
Practice Direction 4/2004	r 5430 (appeals to Court of Appeal–filing
of things before settlement of appeal papers)	
Notice to Practitioners 03/03/93	r 6480 (subpoena–service on solicitor);
r 6481 (subpoena–service on medical expert);
r 6603 (subpoena to produce–leave to serve late)	
Notice to Practitioners 11/06/93	r 1302 (pre-trial procedures–classification
of proceeding);
r 1303 (directions hearing–category C
proceedings)	
Notice to Practitioners 21/05/04	r 1310 (special fixture);
r 1311 (expedited trial)