This legislation has been repealed.
TABLE OF PROVISIONS ORDER 1 -- Preliminary 1.1. Citation and commencement 1.2. Interpretation ORDER 2 -- Offices and officers 2.1. Office opening hours 2.2. Clerk to keep books and issue process 2.3. Transmission of summons for service by bailiff of foreign court 2.4. Copies of documents, how made 2.5. Searches and payment out of court 2.5A. Clerk to provide searchable information to approved recipients 2.6. Acknowledgment of payments and deposits 2.7. No officer to act as agent to parties 2.8. Absence of bailiff from court 2.9. Bailiff to keep books 2.10. Attendance at office of clerk 2.11. Service of process 2.12. Return of copy of judgment summons served by bailiff of foreign court 2.13. Where return of service to home court is not made, foreign bailiff may be ordered to pay costs 2.14. Execution and entries of warrants and orders 2.15. Procedure where bailiff required to hold moneys under Bankruptcy Act 2.16. Endorsement of levy -- moneys to be paid in within 3 days 2.17. Notice of withdrawal on receipt of notice of sequestration 2.18. Non-execution of warrant by bailiff of foreign court 2.19. Duties of bailiff as to sale of property 2.20. Taking possession of goods 2.21. Where possession ordered to be taken until security given 2.22. Bailiff to make return of arrest ORDER 3 -- Parties 3.1. Persons may be joined as plaintiffs who claim relief jointly, severally, or in the alternative 3.2. Persons may be joined as defendants against whom relief claimed jointly, severally, or in the alternative 3.3. All defendants joined need not be interested in all the relief prayed for 3.4. All or any of the persons liable under any one contract may be joined 3.5. Where plaintiff in doubt from whom he is entitled to redress 3.6. Trustees, executors, and others may sue or be sued without joining parties beneficially interested 3.7. Where parties numerous, one or more may sue or be sued or defend for the benefit of all 3.8. Where defendant desires to defend on behalf of others 3.9. Infants 3.10. Appointment of guardian 3.11. Appointment of guardian ad litem for infant or person of unsound mind 3.12. Entry of appointment on summons, etc. 3.13. Limitation of liability of guardian for costs 3.14. Power to set aside judgment against infant or person of unsound mind where no guardian appointed 3.15. Infants and others suing by next friends 3.16. Persons of unsound mind 3.17. Persons under disability -- how consent can be given 3.19. Partners ORDER 4 -- Joinder of causes of action 4.1. What claims may be joined with action for recovery of possession of land 4.2. As to joinder of claims by trustee in bankruptcy 4.3. Joinder of causes of action generally 4.4. Claims by or against husband and wife 4.5. Claims by or against executor or administrator 4.6. Joint and separate claims by plaintiffs 4.7. Separate trials may be ordered ORDER 5 -- Commencement of action, claim and summons 5.1. Actions to be commenced by plaint 5.2. Trials by agreement under section 39 5.3. Form of plaints 5.4. Action against company 5.5. Particulars of parties required in plaint 5.6. Action by or against representatives 5.7. Action by assignee of debt 5.9. Time to be limited for notice of defence 5.10. Time when more than one defendant 5.11. Endorsement of fees 5.12. Security for or undertaking as to costs, where plaintiff not resident in Commonwealth 5.13. Security by person temporarily resident in Commonwealth 5.14. Service by plaintiff or his solicitor 5.15. Particulars of claim 5.16. Abandonment of excess 5.17. Particulars in cases of account 5.18. Particulars in actions for recovery of possession of land 5.19. Particulars where more than one cause of action 5.20. Further particulars 5.21. Fraction of a cent 5.22. Signature to particulars by solicitor or authorised clerk ORDER 6 -- Service 6.1. No service outside British Commonwealth of Nations 6.2. Leave for service outside Commonwealth 6.3. Fixing time for defence 6.4. Non-personal service 6.5. Proof of service by post 6.6. Proof of service 6.7. Rules applicable to other process 6.8. Time for service 6.9. Service on solicitor 6.10. Service on infant 6.11. Service on insane person or patient 6.12. Service on partners 6.13. Service where person carries on business in name other than his own 6.15. Service where defendant on board ship 6.16. Service on soldier, marine or airman 6.17. Service on prisoner 6.18. Service on miner 6.19. Service where defendant employed in public asylum or prison 6.20. Where defendant keeps his house closed 6.21. Service in case of vacant possession 6.22. Service where violence threatened 6.23. Service of summons on corporation etc. 6.24. Service of summons in proceedings to recover taxes 6.25. Where leave given to proceed as if personal service effected 6.26. Substituted service, and notice in lieu of service 6.27. Magistrate may inquire into service 6.28. Notice of service or non-service 6.29. Time allowed for service of summons ORDER 7 -- Objections to jurisdiction -- transfer -- of actions 7.1. Notice of objection to jurisdiction 7.2. Affidavit justifying choice of court 7.3. Form of affidavit 7.4. Transfer of action 7.5. Notice to plaintiff when more than one objection ORDER 8 -- Consolidation of actions or stay of proceedings -- transfer 8.1. Consolidation of pending actions and matters 8.2. Magistrate may impose terms 8.3. Transfer of actions commenced in different courts 8.4. Application for transfer -- costs before or occasioned by transfer -- transmission of certified copy of proceedings 8.5. Filing order for change of venue 8.6. Payment of costs in certain cases by party obtaining change of venue 8.7. Transfer of proceedings 8.7A. Action for small debt ordered to be dealt with under general provisions 8.8. Notice of trial 8.9. Changing venue to a place other than a court ORDER 9 -- Discontinuance, confession, admission, and payment into or out of court 9.1. Discontinuance 9.2. On discontinuance costs may be taxed 9.3. Confessions under section 50 9.4. Admission by letter addressed to court 9.5. Consent judgments under sections 50 and 9.6. Admission of truth of plaintiff’s statement 9.7. Admission by any party 9.8. Payment into court 9.9. Acceptance of amount paid in in satisfaction of claim 9.10. Payment by plaintiff in answer to counterclaim 9.11. Fees and costs on payment of amount admitted after deducting set-off or counterclaim 9.12. Acceptance of money paid into court under defence of tender -- costs 9.13. Money paid in to abide trial 9.14. Payment to plaintiff instead of into court 9.15. Payment out where plaintiff under disability 9.16. Transmission of money from one court to another ORDER 10 -- Defence, pre-trial conference, notice of trial, and default of defence 10.1. Notice of defence 10.1A. Claims referred to Small Claims Tribunal 10.2. Notice of trial -- dismissal for want of listing 10.2A. Pre-trial conference 10.3. Service of notices by post, telegram or personal delivery 10.4. Default of defence 10.5. Notice of assessment of damages 10.6. Time for which notice to be screened for defendant in default 10.7. Where plaintiff sues on behalf of others 10.8. Set-off and counterclaim 10.9. Objection by plaintiff under section 34(2) 10.10. In action for recovery of possession, any person not named as a defendant may, by leave, appear 10.11. In action for recovery of possession, defendant may give notice that he will limit his defence to part of the property 10.12. Where one of several persons jointly answerable is sued 10.13. Misjoinder of plaintiffs not to defeat counterclaim 10.14. Disclaimer, admission, and other statements by defendant 10.15. Notice to be given of special defence 10.16. Set-off or counterclaim 10.17. Infancy 10.19. Statute of Frauds 10.20. Statute of limitations 10.21. Bankruptcy 10.22. Equitable relief 10.23. Tender 10.24. Notice of defence to counterclaim 10.25. Where counterclaim affects other persons ORDER 11 -- Affidavits 11.1. Form of affidavits 11.2. Sources of knowledge to be stated 11.3. How affidavits to be intituled 11.4. Affidavits to show on whose behalf filed 11.5. Costs of affidavits when disallowed 11.6. Affidavits made by 2 or more deponents 11.7. Filing of affidavits 11.8. Affidavits not to be filed if sworn before party’s solicitor 11.9. Erasure, blotting, interlineation etc. in affidavits 11.10. Illiterate or blind deponent 11.11. Use of defective affidavit 11.12. Affidavits of service 11.13. Notice of rejection of imperfect affidavits or documents ORDER 12 -- Proceedings in chambers 12.1. Application made to clerk 12.2. Affidavits first filed 12.3. Form of applications 12.4. When summons returnable 12.5. Magistrate may dispose of business in chambers 12.6. Summons to be signed and sealed 12.7. Grounds of application 12.8. Copies of affidavits to be served 12.9. Orders may be absolute or on terms 12.10. Costs of applications in chambers 12.11. Special applications in chambers ORDER 13 -- Claim for contribution or indemnity 13.1. Notice of claim to contribution or indemnity -- issue and service 13.2. Third party when served may act as if original defendant 13.3. Appearance of third party -- default of appearance 13.4. Proceedings on default of the appearance by third party 13.5. Application for directions -- what directions may be given 13.6. Costs ORDER 14 -- Interlocutory and interim orders and proceedings 14.1. Where defence is an alleged right to be relieved of a prima facie case of liability 14.2. Order for sale of perishable articles etc. 14.3. Order for detention, preservation etc. 14.4. Order for clerk to take deposition of person ordered to weigh, inspect etc. 14.5. Order for inquiries or accounts 14.6. Application for interlocutory injunction or order 14.7. Where specific property other than land is sought to be recovered, but is claimed to be retained under lien or as security 14.8. Settlement, signing, sealing, filing, and service of orders under preceding rules 14.9. Deposit by plaintiff may be ordered where defendant resident more than 32 kilometres from court shows defence on merits 14.10. Application for order that loss of bill shall not be set up 14.11. Practice on interlocutory applications 14.12. Clerk may refer applications to magistrate 14.13. Postponement of trial pending interlocutory proceedings ORDER 15 -- Security 15.1. Security by bond 15.2. Affidavit of sufficiency 15.3. Execution of bond 15.4. Deposit in lieu of bond 15.5. Bond to be deposited 15.6. Officer of court not to be surety ORDER 16 -- Amendment 16.1. Change or addition of plaintiff 16.2. Action not to be defeated by misjoinder or nonjoinder of parties 16.3. Where too few persons made plaintiffs 16.4. Change of defendant 16.5. Where party wrongly sues or is sued in representative character 16.6. Where party ought to have sued or been sued in representative character 16.7. Amendment of proceedings 16.8. Where all defendants have not been served 16.9. Notice to an added or substituted defendant 16.10. Amendment of particulars and notice of defence 16.11. Abandonment of part of claim 16.12. Powers of clerk as to amendment when acting under sections 76 and 16.13. Amendment of particulars where plaintiff entitled to more than amount claimed 16.14. Where plaintiff in case of account found entitled to more than $25 000 16.15. Correction of clerical mistakes and omissions ORDER 17 -- Discovery and inspection 17.1. Discovery of documents 17.2. Objection to discover documents 17.3. Production of documents 17.4. Notice under section 67 17.5. Time within which inspection to be given -- place of inspection 17.6. Order for inspection 17.7. Actions against or by sheriff or bailiff 17.8. Verified copies 17.9. Privilege 17.10. Inquiry as to present or past possession of specified documents 17.11. Premature discovery 17.12. Order to apply to infants ORDER 18 -- Interrogatories 18.1. Discovery by interrogatories 18.2. Grounds of objection to answering interrogatories 18.3. Voluntary compliance with request 18.4. Compulsory compliance -- application for order and proceedings thereon 18.5. Onus of proof where alleged evasive or insufficient answers to interrogatories 18.6. Contested claim of privilege 18.7. Statements and affidavits -- by whom made 18.8. Effect of non-compliance with order 18.9. Order for interrogatories may be served on solicitor 18.10. Solicitor neglecting to give notice to client may be liable 18.11. Use in evidence of answers to interrogatories 18.12. Actions against or by sheriff or bailiff 18.13. Costs of improper interrogatories 18.14. Costs on order and security for costs 18.15. Payment out of amount paid in as security 18.16. Order to apply to infants etc. ORDER 19 -- Change of parties by death, etc. 19.1. No abatement caused by death etc. 19.2. Order to carry on proceedings 19.3. Form and service of order 19.4. Application for discharge of order 19.5. Provision for cases in which person entitled to proceed does not do so 19.6. Alteration of records after addition of party 19.7. Appointment of guardians 19.8. Persons under disability ORDER 20 -- Evidence 20.1. Evidence to be taken orally 20.2. Power to order particular facts to be proved by affidavit, or witnesses to be examined before examiner 20.3. Summonses to witnesses and service 20.4. Witnesses may require payment before giving evidence 20.5. Time and mode of service 20.5A. Enforcement of summons 20.6. When witness does not produce documents, order for production may be made 20.7. Production of papers on summons by head of Government department etc. 20.8. Admission of facts or documents 20.9. Notice to admit or produce 20.10. Costs of notice to admit or produce 20.11. Documents produced from proper custody to be read without proof unless objected to 20.12. Where it is desired to use an affidavit, notice may be given -- costs of objection 20.13. Evidence taken after trial 20.14. Practice as to taking evidence at any stage of action or matter 20.15. Affidavits are evidence of persons using them 20.16. Expenses of persons attending before examiner 20.17. How depositions taken 20.18. Failure to comply with summons, or refusal to be sworn or answer 20.19. Objection to answer 20.20. Witness may be ordered to pay costs 20.21. Filing of depositions 20.22. Special report by examiner 20.23. Power to administer oaths ORDER 21 -- Arbitration 21.1. Arbitration ORDER 22 -- Trial 22.1. Actions to be heard in order, with exception 22.2. Right to begin and addresses to court at hearings and trials 22.3. Magistrate may request statement of defence before hearing evidence 22.4. Where plaintiff does not appear 22.5. Judgment on counterclaim where plaintiff does not appear 22.6. Restoring case struck out for non-appearance of plaintiff 22.7. Subsequent action after non-suit or striking out 22.8. Action pending in another court for same cause 22.9. Disallowance of vexatious questions in cross-examination 22.10. General jurisdiction of magistrate on trial of action 22.11. Application for injunction 22.12. Inspection of property by magistrate 22.13. Absent parties may be added on hearing 22.14. Counterclaim where action stayed, discontinued, or dismissed 22.15. Counter or other claim may be ordered to be tried by independent action 22.16. When a person brought in does not appear at the trial 22.17. Judgment may be given for balance found due to defendant 22.18. Leave to clerk to exercise jurisdiction 22.19. When clerk authorised to hear disputed claims 22.20. Postponement of trial on joint application of parties 22.21. Postponement of trial by magistrate 22.22. Adjournment to enable party to comply with rules ORDER 23 -- Judgments and orders 23.1. Entries to be made in minute book 23.2. Form of ordinary judgment 23.4. Certain orders need not be drawn up or served 23.5. Orders directed to be drawn up by magistrate -- time to be stated for doing any act ordered to be done -- memorandum to be endorsed 23.6. Purposes for which certificate of judgment required to be stated 23.7. How money payable under ordinary judgment to be payable 23.8. Fresh order for payment by instalments on application of judgment creditor 23.9. Fresh order for payment of sum not exceeding $100 on application of judgment debtor 23.10. Fresh order for payment in one sum or by increased instalments on application of judgment creditor 23.11. Assessment of value of goods ORDER 24 -- Accounts 24.1. How accounts to be taken 24.2. Clerk to appoint time and place for taking account 24.3. Hearing before clerk 24.4. Accounts to be verified by affidavit 24.5. Vouchers to be produced 24.6. Clerk’s certificate 24.7. Books of account to be prima facie evidence ORDER 25 -- Enforcement of judgments and orders Division 1 -- By warrants of execution 25.1.1. Orders enforceable like judgments 25.1.2. Enforcing judgment or order against corporation 25.1.4. Examination where difficulty arises in execution 25.1.5. Date and duration of warrants of execution 25.1.6. Applicant to furnish praecipe 25.1.7. Where default made, execution may issue 25.1.8. Separate executions for money recovered and for costs 25.1.9. Execution may issue within 6 years without leave 25.1.10.Execution on judgment against a firm 25.1.11.Application for leave to issue execution after six years or on change of parties after judgment etc. -- order thereon 25.1.12.Application to stay execution 25.1.13.Notice of execution to be left with debtor 25.1.14.Concurrent warrants 25.1.15.Cost of warrants 25.1.16.Possession fee 25.1.17.Sale 25.1.18.Requirements where land taken in execution 25.1.19.Inventory and notice of sale of goods removed under execution 25.1.20.Account of sale under execution 25.1.21.Part payment after issue of warrant of execution 25.1.22.Notice of sale Division 2 -- Transmission of proceeds of warrants, from foreign courts 25.2.1. Transmission of warrants to be executed by bailiff of foreign court 25.2.2. Accounting for and transmission of proceeds levied 25.2.3. Payment into foreign court under order of commitment ORDER 26 -- Enforcement of judgments and orders by judgment summons 26.1. No commitment except after judgment summons -- judgment summons to be served personally 26.2. Praecipe for summons 26.3. Summons for 2 or more defendants 26.4. Issue of summons against debtor without leave 26.5. Application for leave for judgment summons 26.6. Judgment summons on judgment against a firm etc. 26.7. Where judgment summons applied for at a court in which judgment was not obtained 26.8. Where judgment summons required on judgment of a court other than a local court 26.9. Issue and service of judgment summons 26.10. Where judgment debtor about to remove 26.11. Time allowed for service of judgment summons 26.12. Summons of judgment debtor and witnesses to prove means -- when expenses paid to judgment debtor may be allowed -- arrest of judgment debtor 26.13. Evidence by affidavit where creditor or debtor resides at a distance from court issuing judgment summons 26.13A. Consent affidavit under judgment summons 26.14. On issue of judgment summons, any warrant of execution issued to be lodged in court 26.15. Minute that certificate of judgment has been given to be made -- restriction on proceedings in court issuing certificate 26.16. Where order of commitment made or order altered by another court -- proceedings to be transferred to and continued in that court 26.17. Where order of commitment sent to a foreign court 26.18. No commitment after bankruptcy or administration order in respect of debt provable thereunder 26.19. Commitment not to be enforced where sequestration or administration order made after order of commitment 26.20. Discharge of judgment debtor on filing affidavit as to bankruptcy etc. 26.21. Hearing, adjournment and order on judgment summons 26.22. Suspension of order of commitment 26.23. Payments to be made into court 26.24. Form, date, and duration of order of commitment 26.25. Power to suspend order for payment of future instalments during suspension of order of commitment in respect of past instalments 26.26. Application by party to vary order of commitment 26.27. Payment on arrest 26.28. Part payment after issue of order of commitment 26.29. Payment after debtor lodged in gaol 26.30. Part-payment after debtor lodged in gaol 26.31. Discharge of prisoner on request of judgment creditor 26.32. Certificate of payment 26.33. Costs on default of appearance of judgment creditor 26.34. Where no costs are to be allowed on judgment summons 26.35. Provisions as to amount for which debtor has been imprisoned, where fresh order made on judgment summons or under Order 23, rule 9, and as to subsequent judgment summons under such order 26.36. Costs of abortive execution not to be included in judgment summons, or fresh order under Order 23, rule 8, 9 or ORDER 27 -- Further methods of enforcement of judgments and orders 27.1. Proceedings under section 155 27.2. Enforcement of order for discovery -- warrant of attachment 27.3. Discharge of person in custody by magistrate 27.4. Recovery of land or possession to be enforced by warrant of possession 27.5. Enforcement of judgment for delivery of goods -- warrant of delivery 27.6. Warrant may issue without assessment of value 27.7. Separate warrants for damages and costs 27.8. Option to enforce delivery or payment of value 27.9. Certifying assessment to bailiff 27.10. Application of rules relating to execution 27.11. Recovery of value and damages and costs by warrant of execution 27.12. Wilful disobedience of judgment for delivery of goods 27.13. Examination of debtor when judgment etc. for recovery of money 27.13A. Court may impound documents 27.14. Costs under rule 13 27.15. Impounded documents ORDER 28 -- Attachment of debts 28.1. Proceedings against garnishee 28.2. Where garnishee resides at a distance from court 28.3. Service of garnishee summons 28.4. Payment into court by garnishee 28.5. Payment out of court of money paid in by garnishee 28.6. Order on return day, if garnishee does not appear or dispute liability 28.7. Certificate where garnishee sued in court other than that in which judgment obtained 28.8. Costs 28.9. Magistrate may refuse to interfere 28.10. Application by judgment creditor as to money paid into court under judgment or order obtained by debtor against third person 28.11. Attachment of debts owing from a firm ORDER 29 -- Appointment of receivers 29.1. Receiver’s security and allowance 29.2. Fixing days for receiver to pass accounts and pay balances 29.3. Form of receiver’s accounts 29.4. Consequences of default by receiver 29.5. Appointment of receiver by way of equitable execution 29.6. Bailiff may be appointed ORDER 30 -- Interpleader 30.1. Notice of claim to execution creditor 30.2. Order for possession fees where claim admitted 30.3. Power to make order protecting bailiff from action by claimant, where execution creditor admits claim before interpleader summons issued 30.4. Issue of summons where the execution creditor does not admit claim 30.5. Proceedings generally 30.6. Claimant to lodge particulars and grounds of claim 30.7. Bailiff’s fees 30.8. Power to delay sale 30.9. Interpleader summons 30.10. From what court issued 30.11. Magistrate may direct sale of goods claimed under bill of sale etc. 30.12. Order on interpleader 30.13. Interpleader in action by assignee, where assignor disputes assignment, or in action for debt, chose in action, or chattel, where defendant has notice of conflicting claims ORDER 31 -- Proceedings by and against executors and administrators 31.1. Costs where plaintiff fails 31.2. Costs on non-appearance 31.3. Waste of assets 31.4. Judgment where waste charged 31.5. Judgment where representation admitted, but demand denied 31.6. Judgment where representation admitted, and demand denied but proved, and administration alleged and proved 31.7. Judgment in like case where administration not proved 31.8. Judgment where representation and demand admitted, and administration alleged and proved 31.9. Judgment in like case where administration not proved, and no other defence established 31.10. Proceedings after judgment on assets, quando acciderint 31.11. Payment into court on defendant’s admission of demand and of assets 31.12. Judgment in other cases ORDER 32 -- New trial 32.1. Application for new trial 32.2. Affidavit in support 32.3. When new trial not granted 32.4. When new trial may be granted ORDER 32A -- Practice and procedure relating to warrants under the Fines, Penalties and Infringement Notices Enforcement Act 1994 32A.1. Interpretation 32A.2. Examination in aid of seizure 32A.3. Claims to property seized ORDER 33 -- Appeals 33.1. Order of Supreme Court to be filed 33.2. New trial 33.3. Proceedings on judgment of Supreme Court ORDER 34 -- Actions or matters remitted from or transferred to the Supreme Court 34.1. Where action or matter remitted from Supreme Court 34.2. Order to be filed -- proceedings in local court 34.3. Defendant to proceed as if action originally brought in local court 34.4. Special notice in action for libel or slander 34.5. Transmission of documents etc. to Supreme Court by clerk after order of transfer ORDER 35 -- Replevin 35.1. No other cause of action to be joined 35.2. Particulars 35.3. Mode of trial 35.4. Where defendant succeeds in action where distress is for a sum of money 35.5. Where defendant entitled to a return in damage feasant 35.6. Where defendant succeeds in other cases ORDER 36 -- Fines. Neglect or misconduct of officers. Committal for contempt. Enforcement of fines 36.1. Summons for neglect 36.2. Order 36.3. Order imposing fine on witness 36.4. Committal or fine for contempt of court 36.5. Report by clerk to magistrate if fine not paid ORDER 37 -- Fees, costs, and allowance to witnesses 37.1. Generally costs to be awarded to successful party 37.2. Conduct disentitling successful party to costs 37.3. Unnecessary costs 37.4. Cost where counterclaim raised and tried 37.5. Where plaintiff recovers less than claim 37.6. Scales on which costs are to be taxed 37.6A. Court may order increased costs 37.6B. Exceptional award of costs in the Small Disputes Division 37.7. Costs may be fixed at trial 37.8. Entry of costs on summons 37.9. Allowance of costs without taxation 37.10. When costs to be taxed -- delivery of bill 37.11. Notice of taxation 37.12. Forms of bills of costs 37.13. Taxing costs on bill as taxed 37.14. Party dissatisfied to make objections in writing -- clerk may obtain directions 37.15. Review of taxation upon objections 37.16. Costs of objection to jurisdiction 37.17. How order for particular costs to be made and obtained 37.18. Actions for recovery of possession 37.19. Costs on judgment for delivery of goods 37.20. Jurisdiction by consent 37.21. Interpleader proceedings 37.22. Taxation of costs ordered to be paid by or to third party 37.23. Fees where party recovers less than he claims 37.24. No costs allowed if not sanctioned by scales 37.26. Fee for service of summons 37.27. Discretion of clerk 37.28. When costs unnecessarily incurred 37.29. Discretionary fees and allowances 37.30. Costs incurred before transfer of action 37.31. Where separate judgments against defendants 37.32. Costs of solicitor appearing in person as plaintiff or defendant 37.34. Folio 37.35. Costs of persons in fiduciary position etc. 37.36. Disallowance of costs of improper, vexatious, or unnecessary matter in documents or proceedings 37.37. Set-off of costs 37.38. Allowances to witnesses for attendance 37.39. Travelling expenses 37.40. When attending in more than one case 37.41. Costs of witnesses not summoned 37.42. Compensation to seamen 37.43. Allowances to expert or scientific witnesses 37.44. Allowances for proof and costs of plans etc. 37.45. Taxation as between solicitor and client 37.46. Scale applicable to taxation as between solicitor and client 37.47. Application for review of taxation by magistrate 37.48. Fees 37.49. Recovery of fees paid ORDER 38 -- General provisions 38.1. Party may act by solicitor 38.2. Service of notices etc. where no mode of service prescribed 38.3. Service by or upon solicitor acting for party 38.3A. Service at a document exchange 38.4. Solicitor may give notice that he is acting -- service by or on such solicitor -- change of solicitor 38.5. Practice on service by solicitor 38.6. No notice of employment of legal practitioner required 38.7. Enlargement or abridgement of time 38.8. Filing of documents and copies for service 38.9. Sealing of documents 38.10. Notices to be in writing 38.11. Form of notices 38.12. Computations of periods not exceeding 48 hours 38.13. When time for doing any act expires on day when offices are closed 38.15. Transmission of notices etc. by post 38.16. Notices by post delivered after office hours 38.17. Use of forms in Appendix -- where no forms prescribed 38.18. Rules and forms to be adhered to 38.19. Non-compliance with rules not to render proceedings void 38.20. Application to set aside proceedings for irregularity 38.21. Duplicate of warrant etc. -- lost or destroyed 38.22. Duplicate summons may be issued 38.23. Service of telegram 38.24. Designation of local courts 38.25. Service by post 38.26. Change of address for service SCHEDULE Compilation table