- (S.R. 1998, NO. 25) TABLE OF PROVISIONS Long Title PART 1 - Preliminary 1. Short title 2. Commencement 3. Interpretation PART 2 - Practice and procedure 4. Conduct of Court proceedings 5. Order to give effect to rules 6. Delay in conduct of proceedings 7. Saving of costs 8. Costs for default 9. Practice directions 10. Directions as to practice and procedure PART 3 - Proceedings Division 1 - Parties to a proceeding 11. Identity of party 11A. Naming of parties and proceedings 12. Amendment of parties 13. Parties joined in a proceeding 14. Partners in firms 15. Trustees 16. Representation order 17. Consent to representation order 18. Directions hearing in relation to representation order 19. Practitioner acting on behalf of a party 19A. Body of persons acting in proceedings Division 2 - Persons under disability 20. Litigation guardian for person under disability 21. Appointment of litigation guardian 22. Particulars of litigation guardian 23. Application for order approving settlement of proceeding by person under disability 24. Settlement of proceeding by person under disability Division 3 - Commencement of action 25. Action to be commenced by claim 26. Time for service of claim 27. Dividing causes of action Division 4 - Personal injuries actions 28. Claimant's duties before action is commenced 29. Requirements on commencing action Division 4A - Originating applications 29A. Certain proceedings to be commenced by originating application 29B. Time for service 29C. Appearance generally Division 5 - Course of proceeding 30. Registry in which proceeding to be conducted 31. Abandonment of claim or application 32. Discontinuance of proceeding 33. Dismissal of action 34. Joining of actions 35. Actions arising out of similar circumstances 36. Powers of amendment 37. Power to extend or shorten time limits 38. Abuse of process Division 6 - Filing and service of process 39. Documents to be filed and served 40. Manner of service 40A. Service by registered post 40B. Change of address 41. Time of service 42. Substituted service 43. Proof of service Division 7 - Pleadings 44. Pleadings 45. Amendment of pleadings 46. Request for better particulars 47. Admissions 48. Defence 49. Objection to jurisdiction 50. Counterclaim and set-off 51. Defence to counterclaim or set-off 52. Third party claims 53. Contribution between defendants 54. Interpleader Division 8 - Affidavits 55. Form of affidavit 56. Contents of affidavit 57. Affidavits made by 2 or more persons 58. Affidavits by persons not natural persons 59. Affidavits by illiterate or blind persons 60. Alterations in affidavits 61. Scandalous material 62. Affidavits sworn within Australia 63. Affidavit sworn before practitioner or agent Division 9 - Discovery, inspection and admissions 64. Discovery 65. Production of documents 66. Inspection of discovered documents 67. Limitation of certain documents in evidence 68. Interrogatories 69. Orders against non-parties Division 10 - Interlocutory applications 70. Application by party 71. Making an application 72. Service of application 73. Other means of making application 74. Hearing an application 75. Non-attendance on applications Division 11 - Orders 76. Orders generally 77. Formal order 78. Order by consent 79. Judgment for non-compliance with order PART 4 - Conferences and hearings 80. Conference or hearing held in course of proceeding 80A. Appointment of conciliators 81. Attendance of parties 82. Inability to attend in person 83. Judgment may be entered if party fails to attend 84. Applications made at conference or hearing 85. Orders at conference or hearing 85A. Pre-conference orders 86. Confidentiality of offers and admissions 87. Conciliation conference 88. Adjournment of conciliation conference 88A. Delegation by registrar PART 5 - Offers of compromise and payments into Court 89. Offer of compromise 90. Withdrawal or variation of offer of compromise 91. Acceptance of offer of compromise 92. Payment into Court 93. Notice of payment into Court 94. Notice of acceptance of payment into Court 95. Payment out of Court 96. Confidentiality of offers and payments into Court PART 6 - Trial 97. Notice of trial 98. Claims to be heard together 99. Orders at trial 100. Expedited hearing 101. Witness not required to attend trial 102. Summons to witness 103. Examination of witnesses on commission 104. Witness fees 105. Expert evidence 106. Admission of formal evidence and evidence not in dispute 107. Objection to notice 108. Exhibits 109. Non-attendance at trials PART 7 - Judgment 110. Date of judgment 111. Reasons for judgment 112. Setting aside or varying final judgment 113. Setting aside or varying interlocutory judgments 114. Judgment by consent 115. Summary judgment 116. Judgment in default of defence 117. Amount of default judgment 118. Claim for property repair or loss 119. Hearing of default assessments 119A. Orders about payment of judgment debts PART 8 - Enforcement of judgments Division 1 - Enforcement process 120. Issue of enforcement process 121. Enforcement process on certain judgments 122. Service and execution of enforcement process 123. Application to set aside or vary enforcement process 124. Cross-judgments Division 2 - Attachment of debts 125. Interpretation and application of Division 2 126. Attachment of debts 127. Provisional garnishee order 128. Service of provisional order 129. Final order 129A. Service of final order 129B. Service of order discharging provisional order 129C. Discharge of garnishee 129D. Costs 129E. Priorityof orders Division 2A - Attachment of wages and salaries 129F. Interpretation and application of Division 2A 129G. Provisional garnishee order for attachment of earnings 129H. Service of provisional garnishee order 129I. Final garnishee order 129J. Service of final garnishee order 129K. Service of order discharging provisional garnishee order 129L. Discharge of garnishee 129M. Costs of garnishee proceedings 129N. Priority of garnishee orders Division 3 - Warrants 130. Warrant to seize and sell property 131. Seizure of property 132. Sale of property 133. Directions as to sale of property 134. Bailiff's duties and entitlements 135. Warrant of possession 136. Other claim over property seized 137. Bailiff's interpleader PART 9 - Costs Division 1 - Costs generally 138. Entitlement to costs 138A. Section 138A 139. Complex proceeding 140. Reserved costs 141. Consequences of not bettering offers or payments 142. Cost penalty for inadequate offer 143. Cost penalty for excessive claim 144. Security for costs 145. Costs of unsuccessful objections to evidence Division 2 - Assessment of costs 146. Bill of costs 146A. Goods and services tax 147. Objection to bill of costs 148. Assessment of costs 149. Certificate of assessment 150. Review of assessment PART 10 - Miscellaneous 151. Registrar's functions 152. Review of registrar's or conciliator's decision 153. Records of the Court 154. Certified copies of records 155. Access to documents 156. Numbering of proceedings 157. Opening hours of registry 158. Approved document exchange 159. Litigants Fund 160. Interest applicable to Litigants Fund SCHEDULE 1 SCHEDULE 2[ Note: This table has been automatically generated and may be incomplete. ]