New South Wales Consolidated Regulations New South Wales Consolidated Regulations(cf SCR Part 5, rule 11)
(1) Proceedings that have been commenced by summons when they should have been commenced by statement of claim are nevertheless, and for all purposes, taken to have been duly commenced as from the date of the filing of the summons.
(2) Despite subrule (1), the court may order that the proceedings continue on pleadings.
(3) On or after making such an order, the court--(a) may order that any affidavits stand as pleadings, or(b) may make orders for the filing of a statement of claim or other pleadings.
(4) After a statement of claim is filed pursuant to an order referred to in subrule (3)(b), the proceedings are to continue, subject to any other order of the court, as if commenced by statement of claim.