Commonwealth Numbered Regulations

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HIGH COURT RULES 20042004 No. 304- RULE 27.01

Form of Writ of Summons

A Writ of Summons shall:

(a)
be in Form 20;

(b)
bear the date on which it is issued;

(c)
contain either an indorsement setting out the nature of the claim made and the relief which the plaintiff seeks or a Statement of Claim;

(d)
state that the time limited for the appearance of a defendant, where service is effected within Australia is 14 days from the date of service on the defendant, and in any other case is 42 days from the date of service on the defendant;

(e)
be indorsed with an address for service which, if the plaintiff sues by a solicitor, shall be the solicitor's place of business and, if the plaintiff does not sue by a solicitor, shall be the plaintiff's place of residence; and

(f)
not be served more than 12 months after the date on which it is issued or such further time as the Court or a Justice may, by order, allow.



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