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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.4
Where summons required
6.4 Where summons required
(cf SCR Part 4, rules 2, 2A and 3)
(1) Proceedings of the following kinds
must be commenced by summons-- (a) proceedings in which there is no defendant,
(b) proceedings on an appeal or application for leave to appeal, other than
proceedings assigned to the Court of Appeal,
(b1) proceedings before the
Supreme Court in the exercise of its jurisdiction under section 69 of the
Supreme Court Act 1970 ,
(c) proceedings for preliminary discovery or
inspection under Part 5,
(d) proceedings on a stated case,
(e) proceedings
on an application for approval under section 75 of the Civil Procedure Act
2005 of an agreement for the compromise or settlement of a claim,
(f)
proceedings on an application for a transfer order under Part 9 of the
Civil Procedure Act 2005 ,
(g) proceedings on an application for the removal
or transfer of proceedings to the court under any Act, other than an
application for a transfer order under Part 9 of the Civil Procedure Act 2005
,
(h) proceedings (other than proceedings on a claim for damages) on any
application made under any Act (other than the Civil Procedure Act 2005 ),
(i) proceedings on an application to the court under any Act, other than-- (i)
proceedings on an application under the Supreme Court Act 1970 , the
District Court Act 1973 or the Local Court Act 2007 , and
(ii) proceedings on
an application that may properly be made in existing proceedings,
(j) any
other proceedings that, pursuant to these rules or any other rules of court,
are required to be commenced by summons.
(2) Proceedings of the following
kinds may be commenced by summons, except where the application is made in
proceedings that have been commenced in the court-- (a) proceedings on an
application for a writ of habeas corpus ad subjiciendum,
(b) proceedings on
an application for an order for the custody of a minor,
(c) proceedings on an
application for an order for the appointment of a tutor of a
person under legal incapacity,
(d) proceedings on an application for a
declaration of right,
(e) proceedings on an application for an injunction,
(f) proceedings on an application for the appointment of a receiver,
(g)
proceedings on an application for an order for the detention, custody or
preservation of property,
(h) proceedings on a claim for relief for trespass
to land.
If proceedings have already been commenced, the application should
be made by motion: see rule 18.1.
(3) Proceedings in the Supreme Court that
the plaintiff intends to be entered in the Commercial List or the Technology
and Construction List are to be commenced by summons.
(4) Proceedings-- (a)
in which the sole or principal question at issue is, or is likely to be, one
of-- (i) the construction of an Act or a Commonwealth Act, or
(ii) the
construction of an instrument made under an Act or a Commonwealth Act, or
(iii) the construction of a deed, will, contract or other document, or
(iv)
some other question of law, or
(b) in which there is unlikely to be a
substantial dispute of fact,
are amongst those which are appropriate to be
commenced by summons unless the plaintiff considers the proceedings more
appropriate to be commenced by statement of claim.
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