QueenslandSupreme Court of
Queensland Act 1991RULESOFTHESUPREMECOURTVolume 2Reprinted as in
force on 5 February 1999(includes amendments up to SL No. 338
of 1998)Reprint No. 1DThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintTheserulesarereprintedasat5February1999.Thereprintshowsthelawasamendedbyallamendmentsthatcommencedonorbeforethatday(ReprintsAct1992 s
5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
541Rules of the Supreme CourtSCHEDULE 1 (continued)PART 1—FORMS
RELATING TO COMMENCEMENTOF CAUSES AND MATTERSSECTION 1—WRITS OF SUMMONSForm
1GENERAL FORM OF WRIT OF SUMMONS (O 2,r
8)In the Supreme Court of Queensland.19. (Here put the
number)BETWEEN A.B. (an infant, by M.N., his
or her next friend), plaintiff,andC.D.
and E.F.,defendantsELIZABETH THE
SECOND, by the Grace of God, Queen of Australiaand Her other
Realms and Territories, Head of the Commonwealth:To
C.D. ofand E.F. of:We
command you that withindays after the service of thiswritonyou,inclusiveofthedayofsuchservice,youdocauseanappearance to be entered for you in Our
Supreme Court of Queensland, atBrisbane (orRockhampton, TownsvilleorCairns), in an action at the
suitof A.B.; and take notice that in default of
your so doing the plaintiff mayproceed therein,
and judgment may be given in your absence.WITNESS—TheHonourableSirALANJAMESMANSFIELD,K.C.M.G., Chief
Justice of Queensland, at Brisbane, theday of, in
the year of Our Lord 19.For the
Registrar,Senior Clerk.
542Rules of the Supreme CourtSCHEDULE 1 (continued)MEMORANDUM TO BE
SUBSCRIBED ON THE WRITN.B.—This writ is to be served within
12 calendar months from thedate thereof, or,
if renewed, within 12 calendar months from the date of thelastrenewal,includingthedayofsuchdate,andnotafterwards.Appearance
[orAppearances] to this writ may be
entered by the defendant[ordefendants]eitherpersonallyorbysolicitorattheregistryoftheSupreme Court at Brisbane [orRockhampton, TownsvilleorCairns].ENDORSEMENTS TO
BE MADE ON THE WRIT BEFORE ISSUETHEREOF (O 6, r
1)The plaintiff’s claim isetc.This writ was issued by the plaintiff
in person, who resides at,and whose address
for service is at the same place [orat] [orThis
writ was issued by X.Y., of, whose address
for service isat, solicitor for the plaintiff, who
resides at.Or—This
writ was issued by V.W., of, whose address
for serviceis, agent for X.Y., of,
solicitor for the plaintiff, whoresides at]
(mention the locality and situation of the
plaintiff’sresidence in such a manner as to enable it to
be easily discovered).[State the telephone number of the plaintiff
or the plaintiff’s solicitorsas the case may
be.]ENDORSEMENT TO BE MADE ON THE WRIT
AFTER SERVICETHEREOF (O 10, r 15)This writ was
served by me on the defendant attheday
of, 19.,
onday,Endorsed
theday of(Signed)
M.N.(Address), 19.
543Rules of the Supreme CourtSCHEDULE 1 (continued)NOTE—In
actions for administration of real or personal estate or oftrusts the writ is also to be entitled with
the name of the deceased person orof the settlor,
thus—Re G.H., deceased(orRe G.H.’s Trusts).Between
A.B.,plaintiffandC.D.
and E.F.,defendants.Form 2WRIT
OF SUMMONS IN ADMIRALTY ACTIONS IN PERSONAM(O 5, r
5)The same as form 1, except that the
defendants may be described as‘The owners of
the Ship X’,or by name, as the case requires.
544Rules of the Supreme CourtSCHEDULE 1 (continued)Form 3WRIT
OF SUMMONS IN ADMIRALTY ACTIONS IN REM (O 5, r 5)In
the Supreme Court of Queensland.[orThe Ship X and freight,19. (Here put the
number)A.B.,plaintiffagainstThe Ship
X.orThe Ship X, the ship’s cargo, and
freight,or(if the action is
against cargo only) The cargoexthe
ship (State thename of ship on
board of which the cargo now is or lately was laden),or(if
the action is against the proceeds realised by the sale of a
shipor cargo) The proceeds
of the Ship X.,orThe proceeds of the cargoexthe Ship X.,or as the case
may be]ELIZABETH THE SECOND, by the Grace of
God, etc:To the owners and all others interested in
the Ship X., the ship’s cargoand freight
(or as the case may be, describing the
subject matter of theaction).We
command you etc.(as in form1).(Memoranda and endorsements as in
form1).NOTE—If the action is
by the Crown, instead of the plaintiff’s nameput‘Our
Sovereign Lady the Queen’,adding, if necessary,‘in
Her Officeof Admiralty’.
545Rules of the Supreme CourtSCHEDULE 1 (continued)Form 4WRIT
FOR SERVICE OUT OF THE JURISDICTION, OR WHENNOTICE IN LIEU
OF SERVICE IS TO BE GIVEN OUT OF THEJURISDICTION (O
5, r 5; O 11, rr 1 and 2)(Title etc. as in
form1)ELIZABETH THE SECOND ETC.To
C.D., ofWe command you that withindays
after the service of this writ[ornotice of this writ,as
the case may be] on you, inclusive of the day ofsuchservice,youdocauseanappearancetobeenteredforyouinOurSupreme Court of Queensland at Brisbane
[orRockhampton, TownsvilleorCairns], in an action at the suit of
A.B.; and take notice that in default ofyour so doing the
plaintiff may, by leave of the Court or a Judge, proceedtherein, and judgment may be given in your
absence.Witnessetc.(Memoranda and
endorsements as in form1).Further
endorsement to be made on the writ before the issue thereof,or
before amendment to include a defendant out of the
jurisdiction—N.B—Thiswritistobeusedwherethedefendantorallthedefendants,or1ormoredefendantordefendants,isorareoutofthejurisdiction.Unless service
is to be effected in any State or Territory, noticeof
the writ, and not the writ itself, is to be served upon the
defendant.
546Rules of the Supreme CourtSCHEDULE 1 (continued)Form 5NOTICE IN LIEU OF WRITNOTICE TO BE
SERVED OUT OF THE JURISDICTION (O 11, r 2)In the Supreme
Court of Queensland.19. (Here
put the number)Between A.B.,plaintiffandC.D. and E.F.,defendants.Take notice that
A.B., of, has commenced an action againstyou,
E.F., in Her Majesty’s Supreme Court of Queensland by writ of
thatCourt dated theday of,
19, which writ is endorsed asfollows(copyinfulltheendorsements):andyouarerequiredwithindays
after the receipt of this notice, inclusive of the day of
suchreceipt, to defend the said action by causing
an appearance to be entered foryou in the said
Court to the said action; and in default of your so doing
thesaidA.B.,may,byleaveoftheCourtoraJudge,proceedtherein,andjudgment may be given in your absence.You
may appear to the said writ by entering an appearance
personallyor by your solicitor at the Supreme Court
Office at.(Signed)
A.B., ofetc.orX.Y., ofetc.Solicitor for A.B.
547Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
2—ENDORSEMENTS OF CLAIM ONWRITS OF SUMMONSA—CLAIMS FOR
SPECIFIC RELIEFForm 6BY CREDITOR TO
ADMINISTER ESTATE (O 6, rr 5 and 6)The plaintiff’s
claim is as a creditor of G.H. of,
deceased,[intestate]tohavethe[realand]personalestateofthesaidG.H.[inQueensland] administered.The defendant
C.D. is sued as the executor [oradministrator] of the said G.H. [and the
defendant E.F. as the devisee of hisor her real
estate].Form 7BY LEGATEE OR
NEXT OF KIN TO ADMINISTER ESTATEThe plaintiff’s
claim is as a legatee under the will dated etc. [oras 1 ofthe next of kin]
of G.H., deceased [intestate], to have the [real and]
personalestate of the said G.H. [in Queensland]
administered.The defendant C.D.is sued as the
executor of the said G.H. [and the defendant E.F. as deviseeof
his or her real estate].Form 8PARTNERSHIPThe plaintiff’s
claim is to have an account taken of the partnershipdealings between the plaintiff and defendant
[under articles of partnershipdated etc.], and
to have the affairs of the partnership wound up.
548Rules of the Supreme CourtSCHEDULE 1 (continued)Form 9BY
MORTGAGEE (O 6, r 11)The plaintiff’s claim is to have an
account taken of what is due to theplaintiffforprincipal,interestandcosts,onamortgage[oflandinQueensland] datedetc.
made between (state the parties) [orby deposit oftitledeedsmadeonetc.],andthatthemortgagemaybeenforcedbyforeclosure or sale [and that the land
comprised in the said mortgage maybe delivered to
the plaintiff].Form 10BY MORTGAGOR (O
6, r 11)The plaintiff’s claim is, as mortgagor
(or as the case may be), to
havean account taken of what, if anything, is due
on a mortgage [of land inQueensland] dated etc. and made between
(state the parties), and to
redeemthepropertycomprisedtherein.[ThedefendantE.F.issuedassecondmortgagee of the
said land (or as the case may be).].Form
11FOR EXECUTION OF TRUSTSThe plaintiff’s
claim is to have the trust of a deed dated etc. and madebetween etc. carried into execution.Form
12FOR CANCELLATION OR RECTIFICATIONThe
plaintiff’s claim is to have a deed dated etc. and made between
etc.set aside [orrectified].
549Rules of the Supreme CourtSCHEDULE 1 (continued)Form 13FOR
SPECIFIC PERFORMANCEThe plaintiff’s claim is for specific
performance of an agreement datedetc. for the sale
by the plaintiff to the defendant of certain [freehold] landat.B—MONEYCLAIMSWHENNOSPECIALENDORSEMENTUNDER ORDER 6,
RULE 7Form 14GOODS
SOLDThe plaintiff’s claim is £ ($) for the price
of goods sold.(This form is sufficient whether the
claim is in respect of goods soldand delivered, or
of goods bargained and sold.)Form
15MONEY LENTThe plaintiff’s
claim is £ ($) for money lent [and interest].Form 16SEVERAL DEMANDSThe plaintiff’s
claim is £ ($), whereof£ ($) is for the price of goodssold,
and £ ($) for money lent, [and £ ($) for interest].
550Rules of the Supreme CourtSCHEDULE 1 (continued)Form 17MONEY PAID FOR CONSIDERATION WHICH HAS
FAILEDTheplaintiff’sclaimis£($)forareturnofmoneypaidtothedefendant for
work to be done, and left undone [ora
bill to be taken up andnot taken up (or as the case
may be)].Form 18SURETYThe
plaintiff’s claim is £ ($) against the defendant C.D., as
principal,and against the defendant E.F., as surety,
for the price of goods sold [orarrears of rentormoney lentormoney received by the defendant C.D.
astraveller for the plaintiff (or
as the case may be)].Form 19ADDITIONAL CLAIM
FOR INTERESTNote—Aclaimforinterestmaybeaddedtoanyoftheforegoingclaims,
thus— and £ ($) for interest thereon [orand £ ($) for interest on£
($), part thereof.]
551Rules of the Supreme CourtSCHEDULE 1 (continued)Form 20ADDITIONAL CLAIM FOR COSTS (O 6, r 8)Note—Thefollowingclaimforcostsshallbeaddedwhentheplaintiff’s claim is for a debt or
liquidated demand only, with or withoutinterest—And £
($) for costs on issuing the writ of summons.If payment of
the amounts so claimed be made to the plaintiff [or theplaintiff’s solicitor] withindays
(insert the time for appearancelimited by the rules) from the
service hereof, further proceedings will bestayed.If
payment be not so made, the plaintiff claims the additional
amountof £ ($) for costs of judgment in default of
appearance; and if payment ofthe whole of the
amounts so claimed including such additional amount bemade
to the plaintiff [or the plaintiff’s solicitor] before execution
issued,further proceedings will be stayed.Iftheamountclaimedforcostsonissuingthewritofsummonsexceeds the sum
prescribed therefor in schedule 2, part 16 the followingfurther endorsement shall be made on the writ
of summons—Ifthedefendantwithinthetimeallowedforappearancepaystheamounts claimed in respect of the debt
or demand and for costs on issuingthe writ, the
defendant may, notwithstanding such payment, have the coststaxed, and if more than1/6thereof be
disallowed or not more than the sumprescribed
therefor in schedule 2, part 16 be allowed the plaintiff’s
solicitorshall pay the costs of taxation and shall
repay to the defendant the differencebetweentheamountclaimedforcostsandtheamountallowedonthetaxation.
552Rules of the Supreme CourtSCHEDULE 1 (continued)C—CLAIMS FOR
SPECIFIC PROPERTYForm 21RECOVERY OF
LANDThe plaintiff’s claim is to recover
possession of allotmentofsection in the
parish ofand county of (or as the case
may be,describe the property).[And
for mesne profits.][And for an account of rent (orarrears or rent).][And for damages
for breach of covenant for repairs (or as the
casemay be).]Form
22TO ESTABLISH TITLE TO LANDThe
plaintiff’s claim is to establish the plaintiff’s title to (describe theproperty).Form 23RECOVERY OF
GOODSTheplaintiff’sclaimistorecoverpossessionoftheShipX[orofcertain goods (ordeeds,or as the case
may be), namely (describe
them)],and £ ($) for damages for detaining the
same.
553Rules of the Supreme CourtSCHEDULE 1 (continued)Form 24ADDITIONAL CLAIM FOR COSTS (O 6, r 8)Note—Thefollowingclaimforcostsmayalsobeaddedwhentheplaintiff’s claim is for possession of
any land (including any chattel real),with or without a
claim for rent or mesne profits, or for possession of anygoods,withorwithoutaclaimforhirethereofordamagesfortheirdetention—And
£ ($) for costs on issuing the writ of summons.If possession of
the land [orgoods] be delivered and payment of
theamountssoclaimedbemadetotheplaintiff[ortheplaintiff’ssolicitor]withindays
(insert the time for appearance limited by
the rules) fromthe service
hereof, further proceedings will be stayed.If possession of
the land [orgoods] be not so delivered and
paymentbe not so made, the plaintiff claims the
additional amount of £ ($) for costsofjudgmentindefaultofappearance;andifpossessionoftheland[orgoods] be delivered and payment of the
whole of the amounts so claimedincluding such
additional amount be made to the plaintiff [or the
plaintiff’ssolicitor] before execution issued, further
proceedings will be stayed.Iftheamountclaimedforcostsonissuingthewritofsummonsexceeds the sum
prescribed therefor in schedule 2, part 16 the followingfurther endorsement shall be made on the writ
of summons—Ifthedefendantwithinthetimeallowedforappearancedeliverspossession of the land [orgoods] and pays the amounts claimed for
[rent][ormesneprofits][orhire thereof] [ordamages for detention] [and for]costsonissuingthewrit,thedefendantmay,notwithstandingsuchpayment, have the costs taxed, and if more
then1/6thereof be disallowed ornot more than the
sum prescribed therefor in schedule 2, part 16 be allowedthe
plaintiff’s solicitor shall pay the costs of taxation and shall
repay to thedefendantthedifferencebetweentheamountclaimedforcostsandtheamount allowed on
taxation.
554Rules of the Supreme CourtSCHEDULE 1 (continued)D—CLAIMS FOR
DAMAGESForm 25DAMAGES FOR
DEPRIVING OF GOODSThe plaintiff’s claim is [£ ($)] for damages
for wrongfully deprivingthe plaintiff of goods, household
furnitureetc.Form 26DEFAMATIONThe plaintiff’s
claim is [£ ($)] for damages for defamation.Form 27FRAUDTheplaintiff’sclaimis[£($)]fordamagesforfraudulentmisrepresentation
on the sale of a horse [ora
businessorshares (or as thecase
may be)].Form 28LANDLORD AND
TENANTThe plaintiff’s claim is [£ ($)] for damages
for breach of contract tokeep a house in repair.The
plaintiff’s claim is [£ ($)] for damages for breaches of
covenantscontained in a lease of a farm.
555Rules of the Supreme CourtSCHEDULE 1 (continued)Form 29MALICIOUS PROSECUTIONThe plaintiff’s
claim is [£ ($)] for damages for malicious prosecution.Form
30NEGLIGENCEThe plaintiff’s
claims [£ ($)] for damages for injury to the plaintiff bythe
negligent driving of the defendant [orthe
defendant’s servants].The plaintiff’s claim is [£ ($)] for
damages for injury to the plaintiffwhileapassengeronthedefendant’srailway,bythenegligenceofthedefendant’s servants.The
plaintiff’s claims [£ ($)] for damages for injury to the plaintiff
atthe defendant’s railway station, from the
defective condition of the station.Form 31NEGLIGENCE CAUSING DEATHTheplaintiff’sclaimisasexecutor[oradministrator]ofG.H.,deceased,for[£($)]fordamagesforthedeathofthesaidG.H.frominjuriesreceived[whileapassengeronthedefendant’srailway]bythenegligence of the
defendant’s servants.
556Rules of the Supreme CourtSCHEDULE 1 (continued)Form 32SALE
OF GOODSThe plaintiff’s claim is [£ ($)] for damages
for breach of contract toaccept and pay for goods.The
plaintiff’s claim is [£ ($)] for damages for non-delivery [orshortdeliveryordefective quality (or
other breach of contract of sale)] of
cattle(or as the case may be).The plaintiff’s claim is [£ ($)] for
damages for breach of warranty of ahorse.Form
33SALE OF LANDThe plaintiff’s
claim is [£ ($)] for damages for breach of a contract tosell
[orpurchase] land.The plaintiff’s
claim is [£ ($)] for damages for breach of a contract tosell
[orpurchase] the lease with goodwill,
fixtures, and stock-in-trade of apublic
house.The plaintiff’s claim is [£ ($)] for damages
for breach of covenant forfurther assurance in a transfer of
land.Form 34WORKThe
plaintiff’s claim is [£ ($)] for damages for breach of a contract
tobuild a ship [orto
repair a house (or as the case may be)].
557Rules of the Supreme CourtSCHEDULE 1 (continued)E—CLAIMS FOR
MANDAMUS OR INJUNCTIONForm 35MANDAMUSTheplaintiff’sclaimisforamandamusrequiringthedefendantto(describe briefly the duty to be
performed).Form 36INJUNCTIONThe plaintiff’s
claim is for an injunction to restrain the defendant fromtrespassing on the plaintiff’s mine at
(or as the case may be).Form
37ADDITIONAL CLAIM FOR MANDAMUS OR
INJUNCTIONNote—A claim for a
mandamus or injunction may be added to a claim fordamages, thus—And for a
mandamus requiringetc.And for an
injunction to restrain the defendantsetc.
558Rules of the Supreme CourtSCHEDULE 1 (continued)F—CLAIMS IN
PROBATE ACTIONSForm 38BY AN EXECUTOR
OR LEGATEE PROPOUNDING A WILL INSOLEMN FORM (O
6, r 3)The plaintiff claims to be executor of the
last will, dated thedayof, of
G.H., late of, (gentlemanorgentlewoman),deceased, who died on theday of,
and to have the said willestablished.This writ is
issued against the defendant as 1 of the next of kinof
the said deceased (or as the case may be).Form
39BY AN EXECUTOR OR LEGATEE OF A FORMER WILL,
OR ANEXT OF KIN ETC. OF THE DECEASED SEEKING TO
OBTAINTHE REVOCATION OF A PROBATE GRANTED IN
COMMONFORMThe plaintiff
claims to be executor of the last will dated thedayof, of G.H., late
of, deceased, who died on thedayof, and to have
the probate of a pretended will of the said deceased,dated
theday of,
revoked.This writ is issued against thedefendant as the executor of the said
pretended will (or as the case may be).
559Rules of the Supreme CourtSCHEDULE 1 (continued)Form 40BY AN
EXECUTOR OR LEGATEE OF A WILL WHEN LETTERSOF
ADMINISTRATION HAVE BEEN GRANTEDAS IN ANINTESTACYThe plaintiff
claims to be executor of the last will, dated thedayof, of G.H., late
of, deceased, who died on thedayof; and claims
that the letters of administration of the personalestate of the said deceased obtained by the
defendant should be revoked, andprobate of the
said will granted to the plaintiff.Form 41BY A
PERSON CLAIMING A GRANT OF ADMINISTRATION AS ANEXT OF KIN OF
THE DECEASED, BUT WHOSE INTEREST ASNEXT OF KIN IS
DISPUTEDThe plaintiff claims to be the brother or
sister and sole next of kin ofG.H., late
of, deceased, who died on thedayof, intestate, and
to have, as such, a grant of administration of the[real
and] personal estate of the said intestate.This writ is
issued against thedefendant because the defendant has entered a
caveat, and claims to be thesole next of kin
of the deceased (or as the case may be).G—CLAIMS IN ADMIRALTY ACTIONSForm
42DAMAGE BY COLLISIONThe plaintiffs,
as owners of the [cargo of the] ship ‘Mary’ (or as thecase
may be), claim £ ($) against the ship ‘Jane’ for
damage occasioned bya collision which took place (state where) on theday
of;and costs.
560Rules of the Supreme CourtSCHEDULE 1 (continued)Form 43SALVAGEThe plaintiffs,
as the owners, master, and crew, of the ship ‘Mary’,claim
£ ($) for salvage services rendered by them to the ship ‘Jane’
[theship’s cargo and freight (orasthecasemaybe)] on thedayof, in or near (state where the
services were rendered); and costs.Form 44PILOTAGEThe plaintiff
claims £ ($) for pilotage of the ship ‘Jane’ on theday
of, from (state where
pilotage commenced) to (state
wherepilotage ended); and
costs.Form 45TOWAGEThe
plaintiffs, as owners of the ship ‘Mary’, claim £ ($) for
towageservices rendered by the said ship to the
ship ‘Jane’ [the ship’s cargo andfreight (or
as the case may be)] on theday of, at
or near(state where the services were
rendered); and costs.Form 46MASTER’S WAGES AND DISBURSEMENTSThe
plaintiff claims £ ($) for the plaintiff’s wages and
disbursementsas master of the ship ‘Mary’ [and to have an
account taken thereof]; andcosts.
561Rules of the Supreme CourtSCHEDULE 1 (continued)Form 47SAILOR’S WAGESTheplaintiffs,assailorsonboardtheship‘Mary’,claim£($)forwages due to
them, as follows; and costs.To A.B., the
mate,—£250 ($500) for 2 months wages from theday ofto
theday of.To
C.D., able sailor, £ ($) foretc.[And the plaintiffs claim to have an
account taken thereof].Form 48NECESSARIES,
REPAIRS ETC.The plaintiffs claim £ ($) for necessaries
supplied [orrepairs done (oras
the case may be)] to the ship ‘Mary’ at the port ofon
theday of; [and to have
an account taken thereof]; and costs.Form 49POSSESSION(a)Theplaintiff,assoleowneroftheship‘Mary’,oftheportofclaims possession of the said ship.(b)
The plaintiff, as owner of 48-64ths shares of the ship ‘Mary’,
ofthe port of, claims
possession of the said ship as against C.D., ownerof
16-64ths shares of the same ship.
562Rules of the Supreme CourtSCHEDULE 1 (continued)Form 50MORTGAGEThe plaintiff,
under a mortgage datedetc. claims against
the proceedsof the ship ‘Mary’ the sum of £ ($), as the
amount due to the plaintiff forprincipal and
interest; and costs of action.Form 51FORFEITUREA.B., suing for
Our Lady the Queen, claims to have the ship ‘Mary’(or as the case may be)
condemned as forfeited to Her Majesty for violationof
(describe the Act under which forfeiture is
claimed by its short title (ifany) or by the
year and number.)H—ENDORSEMENTS OF CHARACTER OF
PARTIESForm 52EXECUTORS AND
ADMINISTRATORS (O 6, r 6)Theplaintiff’sclaimisasexecutor[oradministrator]ofG.H.,deceased,
foretc.Theplaintiff’sclaimisagainstthedefendantsasexecutors[oradministrators] of G.H., deceased,
foretc.The plaintiff’s
claim is against the defendant C.D., as executor [oradministrator] of G.H., deceased,
foretc. and against the defendant E.F.,
inthe plaintiff’s personal capacity, foretc.
563Rules of the Supreme CourtSCHEDULE 1 (continued)Form 53TRUSTEE IN BANKRUPTCY OR LIQUIDATORThe
plaintiff’s claim is as trustee in the bankruptcy of M.N. [orasliquidator of
M.N. Ltd.] foretc.Form 54TRUSTEETheplaintiff’sclaimisas[ortheplaintiff’sclaimisagainstthedefendant as] trustee under the will of G.H.
[orunder the settlement uponthe
marriage of G.H. and I.H. his or her spouse] foretc.Form 55PRINCIPAL AND SURETYThe plaintiff’s
claim is against the defendant C.D. as principal, andagainst the defendant E.F. as surety,
foretc.Form 56DEVISEEThe plaintiff’s
claim is against the defendant C.D. as devisee of landsunder
the will of G.H., deceased.
564Rules of the Supreme CourtSCHEDULE 1 (continued)Form 57QUI
TAM ACTIONSThe plaintiff’s claim is as well for the
Queen as for himself or herself,foretc.SECTION 3—FORMS
OF SPECIAL ENDORSEMENTSUNDER ORDER 6, RULE 7GENERAL FORMForm 58STATEMENT OF CLAIM (O 6, r 7)The
plaintiff’s claim is (state it as exemplified in following
forms).The plaintiff also claims interest
atabove sum [as agreed].%, on [£
($)part of] thePlace of Trial:
Roma.The defendant is required to plead to the
above statement of claimwithin10daysafterthetimelimitedforthedefendant’sappearance,otherwise the
plaintiff may obtain judgment against the defendant.
565Rules of the Supreme CourtSCHEDULE 1 (continued)Form 59GOODS SOLD AND DELIVEREDSTATEMENT OF
CLAIMThe plaintiff’s claim is for the price of
goods sold, and delivered by theplaintiff to the
defendant.1964—31 December—£Balance of account for buildingmaterial to this date. . . . . . .
.3 500$[7
0001965—1 January to 31 March—Building material. . . . . . . .
. . . .4 0007 5008
00015 0001965—1
December—Paid. . . . . . . . . . .3 0006
000Balance due . . . . . . . . . . . . . . .
.£4 500$9 000]The
defendant is requiredetc.
566Rules of the Supreme CourtSCHEDULE 1 (continued)Form 60MONEY HAD AND RECEIVEDSTATEMENT OF
CLAIMThe plaintiff’s claim is for money received
by the defendant for the useof the
plaintiff.Particulars—1965—1
January—£To amount of rents of5
Smith Street, Brisbane,collected by the defendant. .
. . . 472$[944To deposit on
intended sale ofEva Villa. . . . . . . .
. . . . . . . .4 1008 200Amount due. . . . . . . .
. . . . . . .£4 572$9 144]The
defendant is requiredetc.Form
61PAYEE AGAINST MAKER OF A PROMISSORY
NOTESTATEMENT OF CLAIMThe plaintiff’s
claim is against the defendant, as maker of a promissorynote
for £4 250 ($8 500), dated 1 January 1965, payable 4 months
afterdate.Particulars—£Principal. . . . . . . .
. . . . . . . . . . .4 250Interest at 8%
[as agreed]from 4 May 1965, to date. . .680$[8 5001,360Amount
due. . . . . . . . . . . . . . .£4
930$9 860]The defendant is
requiredetc.
567Rules of the Supreme CourtSCHEDULE 1 (continued)Form 62ENDORSEE AGAINST ACCEPTOR OF A BILL OF
EXCHANGESTATEMENT OF CLAIMThe plaintiff’s
claim is against the defendant, as acceptor of a bill ofexchangefor£2800($5600),dated1January1965,drawnbyG.H.,payable3monthsafterdatetotheorderofM.N.,andendorsedtotheplaintiff.Particulars—£Principal due . . . . . . . . . . . . . . .
.2 800Interest at 8%
[as agreed]from 4 April 1965 to date. .
.210$[5 600420Amount due. . . . . . . .
. . . . . . .£3 010$6 020]The
defendant is requiredetc.
568Rules of the Supreme CourtSCHEDULE 1 (continued)Form 63ENDORSEE AGAINST ACCEPTOR AND DRAWER OF A
BILLOF EXCHANGE SEVERALLYSTATEMENT OF
CLAIMTheplaintiff’sclaimisagainstthedefendantC.D.asacceptor,andagainstthedefendantE.F.asdrawer,ofabillofexchangefor£3500($7 000) dated 1
January 1965, payable 3 months after date, and endorsedbythedefendantE.F.totheplaintiff,ofthedishonourofwhichonpresentation the defendant E.F. had
notice.Particulars—£Principal. . . . . . . .
. . . . . . . . . . .3 500Interest at 8%
[as agreed]from 4 April 1965, to date . . .245$[7 000490Amount due. . . . . . . .
. . . . . . .£3 745$7 490]The
defendant is requiredetc.Form
64PAYEE AGAINST DRAWER OF A BILL OF
EXCHANGEEXCUSING NOTICE OF DISHONOURSTATEMENT OF CLAIMThe plaintiff’s
claim is against the defendant as drawer of a bill ofexchangefor£($)dated1March1965,drawnuponG.H.,payabletoplaintiff 3 months after date, which
was duly presented for payment anddishonoured but
G.H. had no effects of the defendant, nor was there anyconsideration for the payment of the said
bill by the said G.H.Particulars (as in
form62)The defendant is requiredetc.
569Rules of the Supreme CourtSCHEDULE 1 (continued)Form 65OBLIGEE AGAINST OBLIGOR OF A MONEY
BONDSTATEMENT OF CLAIMTheplaintiff’sclaimisforprincipalandinterestdueuponthedefendant’sbondtotheplaintiff,dated1January1963,conditionedforpayment of £3 000 ($6 000) on 26 December
1965.Particulars—£Principal. . . . . . . .
. . . . . . . . . . .3 000Interest at 8%,
as stipulatedin the bond . . . . . . . . . . . . . . .
.60$[6 000720Amount due. . . . . . . .
. .£3 360$6 720]The
defendant is requiredetc.
570Rules of the Supreme CourtSCHEDULE 1 (continued)Form 66COVENANTEE AGAINST COVENANTOR ON A
COVENANTTO PAY MONEYSTATEMENT OF
CLAIMThe plaintiff’s claim is for principal and
interest due under a covenantin a deed dated 1
January 1964, and made between the defendant of the onepart
and the plaintiff of the other part.Particulars—£Principal. . . . . . . .
. . . . . . . . . . .4 1001 January 1965,
paid . . . . . . . . . .400Principal due .
. . . . . . . . . . . . . . .3 700$[8 2008007
400Interest at% as
stipulatedin the covenant . . . . . . . . . . .
.300£3 400600$6
800]The defendant is requiredetc.
571Rules of the Supreme CourtSCHEDULE 1 (continued)Form 67AGAINST SHAREHOLDER FOR ALLOTMENT
MONEYAND CALLSSTATEMENT OF
CLAIMThe plaintiff’s claim is for money in which
the defendant, as a memberoftheplaintiffcompany,isindebtedtotheplaintiff(beingacompanyincorporated
under theCompaniesAct1961)forallotmentmoneyof£1($2) per share on
1 000 shares in the company allotted to the defendant, assuch
member, at his or her request, and for 2 calls of £1 ($2) each
upon1 000 shares in the company of which the
defendant is a holder, whereby anaction has
accrued to the plaintiff.Particulars—£1963—Allotment of 1 000 shares tothe
defendant at £ ($2) pershare. . . . . . . .
. . . . . . . . . . . . . . . . .1 000$[2 0001964—(1st) call
of £1 ($2) per share. . .1 0001965—(2nd) call of £1 ($2) per share . .
.1 0002 0002
000Amount due. . . . . . . .
. . . . . . .£3 000$6 000]The
defendant is requiredetc.
572Rules of the Supreme CourtSCHEDULE 1 (continued)Form 68ON A
GUARANTEE FOR THE PRICE OF GOODS SETTINGOUT THE
GUARANTEESTATEMENT OF CLAIMThe plaintiff’s
claim is for the price of goods sold and delivered by theplaintiff to G.H., under the following
guarantee, signed by defendant andaddressed to
plaintiff—2 February 1965.In consideration
of your supplying goods to G.H., I undertake to seeyou
paid.To A.B.Yoursetc.C.D.Particulars—1964£25 March, 1 000 t of coal,at
£5 ($10). . . . . . . . . . . . . . . . . . .
.5 000Amount
due. . . . . . . . . . . . . . .£5
000$[10 000$10 000]The
defendant is requiredetc.
573Rules of the Supreme CourtSCHEDULE 1 (continued)Form 69CREDITOR AGAINST PRINCIPAL DEBTOR AND HIS OR
HERSURETY SEVERALLY ON A GUARANTEE FOR GOODS
SOLDSTATEMENT OF CLAIMThe plaintiff’s
claim is against the defendant A.B. as principal, andagainstthedefendantC.D.assurety,forthepriceofgoodssoldanddelivered by the plaintiff to A.B. on
the guarantee by C.D. dated 2 February1965.Particulars—£s.d.$2
February—Goods . . . . . . 5473 March—Goods .
. . . . .2 10517 March—Goods .
. . . .1 1145 April—Goods .
. . . . . .73415014012000[1 095.504
211.402 229.201 468.00Amount due. . . . £4
50210$9
004.10]The defendant is requiredetc.Form 70DEBT
UPON A TRUSTSTATEMENT OF CLAIMTheplaintiff’sclaimisagainstthedefendantsastrusteesunderthesettlementuponthemarriageofA.B.andM.N.dated1January1965,whereby£100000($200000)investedonmortgageoflandatZ.wasvested in the
defendants as trustees upon trust to pay the income thereofhalf-yearly to the plaintiff.Particulars—1965, 25
December, half a year’s income . . . . £3 000($6 000)The
defendants are requiredetc.
574Rules of the Supreme CourtSCHEDULE 1 (continued)Form 71LANDLORD AGAINST TENANT WHOSE TERM HAS
EXPIREDSTATEMENT OF CLAIMTheplaintiffclaimspossessionofahouseandpremisessituatedat1 Brown Street, Spring Hill, Brisbane,
which were let by the plaintiff to thedefendant for the
term of 3 years from 29 of September 1962, which termhas
expired [oras tenant from year to year from 29
September 1961, whichsaidtenancywasdulydeterminedbynoticetoquitexpiringon29 September 1965].The plaintiff
also claims £ ($) for rent [ormesne profits] fromtoat
the agreed rate of £ ($) per week.The defendant is
requiredetc.
575Rules of the Supreme CourtSCHEDULE 1 (continued)Form 72RECOVERY OF POSSESSION OF LAND ETC.1.
The plaintiff is the registered proprietor in fee simple of the
landcomprised in Certificate of Title No..2. The defendant has wrongfully taken
possession of the land.Or—[1. The
plaintiff at the time next mentioned was in lawful occupation
ofthe land comprised in Certificate of Title
No..2. On theday ofpossession of the said land].,
the defendant wrongfully tookOr—[1.
On theday of, the plaintiff
by deed let to thedefendant E.F. the land comprised in
Certificate of Title No.for10 years on
condition that if the said defendant should sublet the said
landwithout the plaintiff’s consent in writing
the lease should determine, andthat the said
defendant should keep the buildings on the land in good andtenantable repair.2. On theday
of, the defendant E.F. without theplaintiff’s consent sublet the said land to
the defendant C.D.3. The defendant E.F. has not kept the
buildings on the said land ingood and
tenantable repair.]The plaintiff claims—1. Possession of
the said land;2. Mesne profits fromto;3. £ ($) for cost of
repairs.
576Rules of the Supreme CourtSCHEDULE 1 (continued)Form 73RECOVERY OF GOODS1. The defendant
detains from the plaintiff his or her goods, that is tosay,
a picture (or as the case may be) (describe the thing detained in such amanner that it can be identified).The plaintiff claims the return of the
said picture (or as the case maybe) or
its value, and £ ($) for its detention.SECTION 4—FORMS
OF SPECIAL ENDORSEMENTSUNDER ORDER 6, RULES 9 TO 11Form
74CLAIM FOR AN ACCOUNT (O 6, rr 9–11)The
plaintiff’s claim is that an account may be taken of the
dealingsbetween himself or herself and the defendant
in respect of (state the natureof the
dealings).
577Rules of the Supreme CourtSCHEDULE 1 (continued)Form 75CLAIM FOR DETERMINATION OF QUESTION ARISING
INADMINISTRATION OF ESTATE(a)Theplaintiff’sclaimisthatitmaybedeterminedwhetherthedefendant is one of the next of kin of
G.H., deceased.(b) The plaintiff’s claim is for a
declaration that the plaintiff is entitledas a creditor of
G.H., deceased (or as the case may be), to payment of
theplaintiff’sdebt[orlegacy(orasthecasemaybe)]inprioritytothedefendant E.F.(c) The
plaintiff’s claim is for a declaration that the plaintiff is
entitledto a charge upon all the real and personal
estate of G.H., deceased.(d)Theplaintiff’sclaimisforadeclarationthatthedefendant,asexecutor of G.H., deceased, is not entitled
to make any deduction by way ofset-off from the
legacy given to the plaintiff by the will of the said G.H.(e)
The plaintiff’s claim is for a declaration that the plaintiff is
entitledunder the trusts of a deed datedetc. and made betweenetc. to
immediatepayment of an annuity of £ ($) (or
as the case may be).Form 76CLAIM FOR
ASCERTAINMENT OF CLASSThe plaintiff’s claim is that the
creditors [ornext of kinorpersonsentitled to share
in the residuary estate] of G.H. deceased (orasthecasemay
be), may be ascertained under the order and
direction of the Court.
578Rules of the Supreme CourtSCHEDULE 1 (continued)Form 77CLAIM FOR PARTICULAR ACCOUNTThe
plaintiff’s claim is that the defendant may render an account of
themoneys received by the plaintiff as
administrator of the personal estate ofG.H., deceased,
(or as the case may be) [and of the
plaintiff’s dispositionthereof] [from theday ofto
theday of], andthat
such accounts may be properly vouched.Form 78CLAIM FOR PAYMENT INTO COURTThe
plaintiff’s claim is that the defendant may be ordered to pay
intocourt the sum of £ ($) trust moneys in the
plaintiff’s hands as administrator[or trustee] in
respect of the estate of G.H. [deceased] (or as the case
maybe).Form 79CLAIM FOR DIRECTION TO EXECUTORS ORADMINISTRATORS OR TRUSTEES(a)
The plaintiff’s claim is that the defendant, as executor of the
will ofG.H., deceased (or as the case
may be), may be directed to sell forthwith100
shares in the X.Y. Company Limited, being part of the estate of
G.H.,deceased [orbeing part of the trust property in the
defendant’s hands underthe trusts of a deed datedetc. and made betweenetc.]
[ornot to interferewiththeplaintiff(oroneM.N.)inthepossessionofthehousenowoccupied by the plaintiff (or
as the case may be)].(b) The plaintiff’s claim is that the
sum of £ ($) which by deed ofsettlement,
datedetc. and made betweenetc.
was provided for the portionsof the younger
children of G.H., may be raised by the defendants.
579Rules of the Supreme CourtSCHEDULE 1 (continued)Form 80CLAIM FOR APPROVAL OF SALE ETC.The
plaintiff’s claim is that a sale proposed to be made by the
plaintiff(or as the case may be, describe the
transaction briefly) may be approvedby the
Court.Form 81CLAIM FOR
DETERMINATION OF QUESTION ARISING INADMINISTRATIONThe plaintiff’s
claim is that it may be determined whether in the eventsthat
have happened the plaintiff is entitled under the will of G.H.,
deceased,to payment to the plaintiff absolutely of the
sum of £ ($), or whether theplaintiff is
bound to execute a settlement of the said sum, and, if so,
uponwhat trusts (or as the case
may be).Form 82CLAIM FOR
DETERMINATION OF QUESTION OFCONSTRUCTIONThe plaintiff’s
claim is for a declaration of the rights of the partiesunder
a deed [oragreement], datedetc.
and made between the plaintiff andthe defendant
(or as the case may be), and that it
may be declared that uponthe true construction of the said deed
[oragreement] the plaintiff is [in
theevents that have happened] entitled [orthe defendant is not entitled]
(etc.state
construction claimed).Form 83CLAIM BY MORTGAGEE.See Section 2:
A, form 9.
580Rules of the Supreme CourtSCHEDULE 1 (continued)Form 84CLAIM BY MORTGAGOR.See Section 2:
A, form 10.SECTION 5—SPECIAL PROCEEDINGS ATCOMMENCEMENT OF PROBATE ANDADMIRALTY ACTIONSA—PROBATE
ACTIONSForm 85AFFIDAVIT BY
PLAINTIFF IN VERIFICATION OFENDORSEMENT ON
WRITIn the Supreme Court of Queensland.In
the matter of an action intended to be commenced by A.B.,
plaintiffagainst C.D., defendant.I, A.B.,
ofetc. make oath and say as follows—1. I
am the executor of the last will, datedetc. of
G.H., late of(gentlemanorgentlewoman), deceased, who
died on theof.,day[2. On theday ofprobate was granted by thisHonourable Court to C.D. of a will of the
said G.H., dated, whichprobate I claim
should be revoked].Or—[2. On theday ofadministration of the personalestateofthesaidG.H.wasgrantedbythisHonourableCourttoC.D.,which grant I
claim should be revoked].
581Rules of the Supreme CourtSCHEDULE 1 (continued)Form 86ANOTHER FORM(Title as in form 85)I,
A.B., ofetc. make oath and say as follows—1. I
am the brother or sister and sole next of kin of G.H., late
ofetc.deceased who died
on theday ofintestate.2. C.D.,
ofetc. has entered a caveat against the
grant of administrationof the [landsetc.]
goods of the said G.H. to me, and claims to be the solenext
of kin of the said G.H.
582Rules of the Supreme CourtSCHEDULE 1 (continued)B—ADMIRALTY
ACTIONSForm 87GENERAL FORM OF
AFFIDAVIT TO LEAD WARRANT(O 7, r 11)In the Supreme
Court of Queensland.19. (Here put the
number)(Title of action)I,
A.B., ofetc. make oath and say as follows—1. I
have a claim against the ship ‘Mary’ for (state nature of
claim).2. The said claim has not been
satisfied, and the aid and process of thisHonourable Court
are necessary to enforce it.Or—When
the action is in the name of the Crown,I, A.B.,
ofetc. (state name and
address of person suing in the name ofthe Crown),
make oath and say that I claim to have the ship ‘Mary’ and
theship’scargo[oravessel,nameunknown,foundonetc. nearetc.orthecargoextheship‘Mary’(orasthecasemaybe)]condemnedtoHerMajesty—(a)as having been found derelict;
or(b)as having been captured from pirates;
or(c)for violation of the provisions of
(describe the Act alleged to havebeen
violated by its short title (if any) or by the year and
number);(or as the case
may be).2.TheaidandprocessofthisHonourableCourtarenecessarytoenforce the said claim.
583Rules of the Supreme CourtSCHEDULE 1 (continued)Form 88AFFIDAVIT TO LEAD WARRANT IN A CAUSE OF
RESTRAINT(O 7, r 11)(Title etc. as in form 87)I,
A.B., ofetc. make oath and say as follows—1. I
am the lawful owner of‘Mary’, belonging to the port ofshares amounts to the sum of £ ($)64th
shares of the ship; and the value of my saidor
thereabouts.2. The said ship is now lying at,
and is in the possessionor under the control of,
the owner of64th sharesthereof, and is
about to be despatched by him or her on a voyage toagainst my consent.3.Iamdesirousthatthesaidshipshouldberestrainedfromproceeding to sea until security is given to
the extent of my interest thereinfor the ship’s
safe return to the said port of (the port to
which the vesselbelongs), and the aid
and process of this Honourable Court are necessary inthat
behalf.
584Rules of the Supreme CourtSCHEDULE 1 (continued)Form 89AFFIDAVIT TO LEAD WARRANT IN A CAUSE OF
POSSESSION(O 7, r 11)(Title etc. as in form 87)I,
A.B., ofetc. make oath and say as follows—1. I
am the lawful owner ofbelonging to the port of.64th shares of the ship ‘Mary’,2.
The said ship is now lying at, and is in the
possession orunderthecontrolofC.D.(statename,address,anddescriptionoftheperson retaining possession, and state
whether the person is the master, orpart owner, and,
if owner, of how may shares), and the said
C.D. refuses todeliver up the same to me [and the
certificate of registry of the said ship isalsounlawfullyheldfrommebythesaidC.D.,whoisinpossessionthereof].3.TheaidandprocessofthisHonourableCourtarenecessarytoenablemetoobtainpossessionoftheship[andofthecertificateofregistry].
585Rules of the Supreme CourtSCHEDULE 1 (continued)Form 90WARRANT OF ARREST IN ADMIRALTY ACTION IN
REM(O 7, r 11)(Title etc. as in form 87)ELIZABETH THE SECOND ETC.To the marshal of
our Supreme Court of Queensland:Greeting:We
hereby command you to arrest the ship or vessel ‘Mary’, of
theport of[and the ship’s
cargo and freight,] and to keep the sameunder safe arrest
until you shall receive further orders from Us.Witnessetc.The following
certificate of service is to be endorsed on the warrantafter
service thereof—This warrant was served by (state by whom and in what mode
servicewas effected) on(Signed) P.P. Marshal.Form 91PRAECIPE FOR WARRANT(Title etc. as in form 87)Seal
a warrant to arrest (state name and nature of
property).Datedetc.(To be signed by
the plaintiff or the plaintiff’s solicitor)
586Rules of the Supreme CourtSCHEDULE 1 (continued)Form 92PRAECIPE FOR SERVICE BY THE MARSHAL OF
ANYINSTRUMENT IN REM OTHER THAN A
WARRANT(Title etc. as in form 87)I request that the (statenatureofinstrument) left herewith
be dulyexecuted.Datedetc.(To
be signed by the party or the party’s solicitor).
587Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
6—ORIGINATING SUMMONSForm 93GENERAL FORM OF
ORIGINATING SUMMONS(O 64, r 2)In the Supreme
Court of Queensland.19. (Here
put the number)In the matter of theTrustees and Executors Act 1897:
And in the matterof the trusts of the will of G.H. late
ofetc. [orIn
the matter of A.B., aninfant, by M.N., his or her next
friend.orIn the matter of G.H., amentally ill person.orIn
the matter of X.Y., a solicitor (or as the
casemay be)].Let
all parties concerned attend at the chambers of the Honourable
theChamber Judge [orJustice C.] at the Supreme Court House,
Brisbane [orRockhampton, TownsvilleorCairns] ontheday
of, ato’clock in the forenoon, on the
hearing of an application on thepart of A.B., of
[orof the abovementioned A.B., an infant,
by M.N., his orher next friend, (or as the case
may be)], that (state order
desired).Datedetc.For the Registrar,Clerk.This
summons was taken out by A.B. of (etc. as in
endorsement on awrit of summons).If
the summons is to be served on any person, add the
following—Thissummons is
intended to be served on C.D. of, and
E.F.,of.Note—It is not
necessary to enter an appearance to this summons, butif
the parties served do not attend in person, or by counsel or
solicitor, at thetimeandplacethereinmentioned,suchordermaybemade,andsuchproceedings
taken, as the Court or a judge may think just or expedient.Or—(Ifthesummonsisnottobeservedonanypersonaddthefollowing—)It
is not intended to serve this summons on any person.
588Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
7—AMENDMENT AND RENEWAL OFWRITSForm 94PRAECIPE TO AMEND WRIT OF SUMMONS (O 6, r
2)(Title etc. as in writ)Amend [in pursuance of order
datedetc.] the writ of summons in thisaction by (state amendments
required).Datedetc.(To be signed by
the plaintiff or the plaintiff’ssolicitor).Form 95PRAECIPE TO
RENEW WRIT OF SUMMONS OR OTHER WRIT(O 9, r
1)(Title etc. as in writ)Seal, in pursuance of order
datedetc. a renewed writ of summons (oretc.) in this action.Datedetc.(To be signed by
the plaintiff or the plaintiff’ssolicitor).
589Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION 8—OTHER
FORMSForm 96AUTHORITY OF
NEXT FRIEND TO INSTITUTE CAUSE ORMATTER (O 3, r
17)(Title as in action (or cause))I,M.N.,of(state residence
and description),authoriseX.Y.ofetc.solicitor, to commence and prosecute an
action [orcause] in the SupremeCourt
of Queensland, on behalf of A.B., an infant, against C.D., and
E.F.,for the administration of the estate of G.H.,
deceased [or as the case maybe, state relief
to be sought in the cause] [orto
make an application to theSupremeCourtofQueenslandonbehalfofA.B.,aninfant,fortheappointment of a guardian of the
infant’s estate (or as the case may be, statenature of application to be made)],
and to use my name in such cause [ormatter] [oron such application] as the next
friend of the said A.B.Datedetc.Witness:M.N.Form
97THE LIKE BY ENDORSEMENT ON ORIGINATING
PROCEEDING(O 3, r 17)I, the within
named M.N., authorise X.Y., ofetc.
solicitor, to issue [ortake out] this
[writ of] summons [orto file this petition (or
as the case maybe)], and to prosecute the cause
[ormatter] to be commenced thereby,
andto use my name therein as the next friend of
the within named A.B.Datedetc.Witness:M.N.
590Rules of the Supreme CourtSCHEDULE 1 (continued)Form 98NOTICE OF ADOPTION OF ACTION COMMENCED
WITHOUTNEXT FRIEND (O 3, r 17A)(Title as in action)I,
M.N. of (state residence and description)
adopt the proceedings onbehalf of the plaintiff and agree to be
appointed as next friend of the plaintiffin this cause
[ormatter] [and I authorise X.Y.,
ofetc. solicitor, to use myname
as such next friend and to continue the prosecution of the cause
(ormatter)].Dated
thisday of19..Witness:M.N.Form
99NOTICE OF ATTAINMENT OF MAJORITY (O 3, r
17)In the Supreme Court of Queensland.(Title of cause or matter)19. (Here
put the number).Take notice that I, A.B. the
abovenamed plaintiff, am now of full agehaving attained
the same on theday of19.Take further notice that I adopt this
action and everything heretoforedone herein on my
behalf by my next friend M.N. and that I confirm theappointment of X.Y., ofas my solicitor
herein.Dated thisday of19.A.B.The
abovenamed plaintiff.To:—The registrar of this Honourable
Court.And to:—C.D., solicitor for the abovenamed
defendant O.P.
591Rules of the Supreme CourtSCHEDULE 1 (continued)Form 100AUTHORITY OF NEW NEXT FRIEND TO
CONTINUEPROCEEDINGS (O 3, r 17)In the Supreme
Court of Queensland.19. (Here
put the number)(Title of cause
or matter)I, O.P. ofetc.
consent to be appointed and to act as the next friend ofthe
plaintiff, A.B., in this cause [orapplicant A.B. in this matter (or
as thecase may be)] in the place
of M.N.And I authorise X.Y., ofetc.
solicitor,to use my name as such next friend, and to
continue the prosecution of thecause [ormatter].Datedetc.Witness:O.P.Form 101AFFIDAVIT OF SERVICE OF WRIT OF
SUMMONS(O 10, r 15; O 15, rr 2 and 13; O 93, r
16)(Title as in writ of summons)I, O.P., ofetc.make oath and say as follows—1. I
did on theday of, atin
the State ofQueensland (or as the case
may be) serve C.D., the abovenamed
defendantin this action, with the writ of summons now
produced and shown to meandmarked“A”,bydeliveringtothedefendantandleavingwiththedefendant a true copy of the said writ,
and at the same time showing thedefendant the
said original writ (or as the case may be).2. I did ontheday
ofendorse on the saidoriginal writ a
memorandum of the day of the week and month of suchservice.Swornetc.
592Rules of the Supreme CourtSCHEDULE 1 (continued)Form 101AAFFIDAVIT OF SERVICE OF DOCUMENTS(O
2, r 9; O 12, r 4; O 22, r 8)I, O.P.
ofetc.make oath and
say as follows—1. I did on theday of,
atin the State ofQueensland serve
C.D. the abovenamed (plaintiff or defendant) with the(writenatureofdocument)nowproducedandshowntomeandmarked“A”bydeliveringsuch(writenatureofdocument)totheAustralian Document Exchange (place)
ato’clock in thenoonon
theday of19.Swornetc.
593Rules of the Supreme CourtSCHEDULE 1 (continued)PART 2—FORMS
RELATING TO COMMENCEMENTOF DEFENCE TO ACTIONSSECTION 1—APPEARANCESForm 102GENERAL FORM OF ENTRY OF APPEARANCE
BYDEFENDANT (O 12)In the Supreme
Court of Queensland.19. (Here
put the number.)(Title as in writ
of summons, adding after the name of any defendant whois
an infant,“by M.N., his or her guardianad
litem.”)Enter an appearance in this action for
the defendant C.D.Datedetc.C.D., defendant in person[orY.Z., solicitor
for the defendant C.D.]The address of C.D. is.The address for service is[orthe place of
business ofY.Z. isThe address for
service is.][Statethetelephonenumberofthedefendantorthedefendant’ssolicitors as
the case may be.]
594Rules of the Supreme CourtSCHEDULE 1 (continued)Form 103ENTRY OF APPEARANCE BY DEFENDANT
LIMITINGDEFENCE (O 12, r 15)(Title etc. as in form 102)Enter an appearance in this action for
the defendant C.D.The defendant limits his or her defence to
part only of the plaintiff’sclaim,namely,totheclaimfortherecoveryofpossessionofthelanddescribed in
Certificate of Title No.(or as the case
may be).Datedetc.(Signature and
memoranda as in form 102)Form 104ENTRY OF CONDITIONAL APPEARANCE (O 12, r
22)(Title etc. as in form102)Enter a
conditional appearance in this action for the defendant
C.D.,who denies the jurisdiction of the Court to
entertain the action against thedefendant without
the defendant’s consent [ordenies that the
defendant is apartner in the defendant firm.]Datedetc.(Signature and
memoranda as in form 102)Form 105ENTRY OF APPEARANCE BY THIRD PARTY (O 12; O
17, r 3)(Title etc. as in form 102)Enter an appearance for G.H. to the
notice issued in this action by thedefendant C.D.,
on theday of.Datedetc.(Signature and
memoranda as in form 102)
595Rules of the Supreme CourtSCHEDULE 1 (continued)Form 106ENTRY OF APPEARANCE BY NEW PARTY (O 16, r
5)(Title etc. as in form 102)EnteranappearanceforG.H.,whohasbeenservedwithanorderdated theday
ofto carry on and prosecute theproceedings in this action.Datedetc.(Signature and
memoranda as in form 102)Form 107ENTRY
BY NEW PARTY OF APPEARANCE TO COUNTERCLAIM(Title etc. as in form 102)Enter an appearance for G.H. to the
counterclaim of the abovenameddefendant C.D. in
this action.Datedetc.(Signature and
memoranda as in form 102)Note—Eitherofforms105or106maybemodifiedinaccordancewith form
104.
596Rules of the Supreme CourtSCHEDULE 1 (continued)Form 108AFFIDAVIT FOR ENTRY OF APPEARANCE AS
GUARDIAN(O 12, rr 23–25)(Title etc. as in writ of summons or
originating proceeding.)I, Y.Z.,
of, solicitor, make oath and say as
follows—G.H., of (state residence
and description), is a fit and proper person toact
as guardianad litemof the
abovenamed infant defendant, and has nointerest in the
matters in question in this cause adverse to that of the
saidinfant,andtheconsentofthesaidG.H.toactassuchguardianisnowproduced and
shown to me and marked with the letter “A”.Swornetc.Note—To
this affidavit must be exhibited the document signed by theguardian in testimony of the guardian’s
consent to act, which may be in thefollowing
form—I,G.H.,(state residence and description),
consent to act as guardianad litemof C.D., and
infant defendant in this cause, and I authorise Y.Z., ofetc. solicitor, to defend this cause as
solicitor for me as such guardian.G.H.Witness: X.Y.
597Rules of the Supreme CourtSCHEDULE 1 (continued)Form 109AFFIDAVIT ON INTERPLEADER UNDER ORDER 59, r
1(1)(O 59, r 4)(Title as in form 102)I,C.D.,ofetc.thedefendantinthisaction,makeoathandsayasfollows—1. The writ of
summons herein was issued on the, and was served
on me on theday ofday of.2. The action is brought to recover
(describe nature of action).Thesaid land
[orfund (or as the case
may be)] is in my possession, but I claimno
interest therein.3. The right to the said subject matter of
this action has been and isclaimedbyoneG.H.,whohasalreadycommenced[orthreatenstocommence] an action against me for recovery
thereof.4. The paper writing exhibited to this my
affidavit, marked with theletter “A”, is a copy of the claim made
by the said G.H. as aforesaid.5.IdonotinanymannercolludewiththesaidG.H.,orwiththeabovenamed plaintiff, but I am ready to bring
into court or to pay or disposeof the said sum
(or as the case may be) in such manner
as the Court mayorder or direct.Swornetc.
598Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
2—SPECIAL PROCEEDINGS INADMIRALTY ACTIONSForm 110NOTICE OF SECURITY (O 33, r 5)In
the Supreme Court of Queensland.19.
(Here put the number).(Title of action)I,X.Y.,[solicitorfor]theplaintiff[ordefendant],tendertheundermentioned persons as sureties on
behalf of (state the name, address,and description
of the party for whom security is to be given), in the sum
of£ ($)to answer
judgment in this action [if for costs only, addso
far asregards costs].Names,
addresses, and descriptions of—SuretiesReferees1..................................................................................2..................................................................................Datedetc.(To be signed by
the party or the party’s solicitor or by the solicitor’sclerk).(The names of bankers should, if
possible, be given as referees.)
599Rules of the Supreme CourtSCHEDULE 1 (continued)Form 111SECURITY (O 33, rr 1 and 2)(Title etc. as in form 110)We,C.D.,ofetc.andG.H.,ofetc.andI.J.ofetc.herebysubmitourselves to the
jurisdiction of the Supreme Court of Queensland in thisaction, and jointly and severally consent
that if the said C.D. shall not paywhat may be
adjudged against him or her [orto
be paid to the plaintiff] inthis action with
costs, judgment may be signed, and execution may issue,against us, our executors and administrators,
lands and tenements, goodsand chattels, for a sum not exceeding £
($).(Signatures).Signed by the
said C.D., G.H., and I.J., theday of19.Before
me,(Tobesignedbeforetheregistraroracommissionerfortakingaffidavits.)Form 112AFFIDAVIT OF
JUSTIFICATION(See form 319)Form
113NOTICES OF OBJECTION TO SECURITY(Title etc. as in form 110)Take notice that I object to the
security proposed to be given by (statename,address,anddescriptionofsuretyorsuretiesobjectedto)inthisaction.Datedetc.(Signed) A.B. [orX.Y., solicitor for A.B.]
600Rules of the Supreme CourtSCHEDULE 1 (continued)Form 114PRAECIPE FOR RELEASE (O 34, r 1)(Title etc. as in form 110)I, A.B., [solicitor for] the plaintiff
[ordefendant] in this action pray
arelease of the (statenameandnatureofproperty)nowunderarrestbyvirtue of a warrant issued from this
Court onetc.; [security having beengivenorthe
action having been withdrawn by me before an appearance wasentered therein (or as the case
may be)], and there being no caveat againstthe
release thereof outstanding.Datedetc.(To
be signed by the party or the party’s solicitor.)Form
115RELEASE (O 34, r 1)ELIZABETH THE
SECOND ETC.To the marshal of Our Supreme Court of
Queensland:Whereas in an action of, commenced in
Our said CourtonbehalfofA.B.againsttheship‘Mary’(orasthecasemaybe)Wecommanded you to arrest the said ship
(or etc.), and to keep
the same undersafe arrest until you should receive further
orders from Us.Now We do hereby command you to release the
said ship (or etc.) from
thearrest effected by virtue of our warrant in
the said action upon paymentbeing made to you
of all costs, charges, and expenses attending the care andcustody of the property whilst under arrest
in that action.Witnessesetc.Release.Taken out
by.
601Rules of the Supreme CourtSCHEDULE 1 (continued)Form 116PRAECIPE FOR CAVEAT AGAINST RELEASE (O 34, r
2)(Title etc. as in form 110)Enter a caveat on behalf of the
plaintiff against the release of the (statename
and nature of property) arrested in this action.Datedetc.(To be signed by
the party or the party’ssolicitor or by the solicitor’s
clerk.)Form 117PRAECIPE FOR
CAVEAT AGAINST WARRANT(O 34, r 11)In the Supreme
Court of Queensland.Enteracaveatonbehalfof(statename,address,anddescription)against the issue of any warrant for the
arrest of (state name and nature ofproperty).I hereby undertake to enter an
appearance in any action that maybecommencedinthisHonourableCourtagainstthesame,and,within3 days after I
shall have been served with a notice of the commencement ofany
such action, to give security therein in a sum not exceeding £ ($)
(stateamount for which
the undertaking is given), or to pay such sum into
court.And I consent that all instruments and other
documents in such actionmay be left for me at.Datedetc.(Tobesignedbythepartyorbytheparty’ssolicitor)
602Rules of the Supreme CourtSCHEDULE 1 (continued)Form 118NOTICE OF TENDER (O 46, r 10)(Title etc. as in form 110)Takenoticethatthedefendanthaspaidintocourt,andtendersinsatisfaction of the plaintiff’s claim
(or as the case may be) (if
the tender isfor costs also, add‘including
costs’),the sum of(state sum tendered andon what terms (if
any) the tender is made).Datedetc.C.D.,[orY.Z.,
defendant’s solicitor].Form 119NOTICE ACCEPTING
OR REJECTING TENDER (O 46, r 11)(Title etc. as in form 110)Take notice that the plaintiff accepts
[orrejects] the tender made by thedefendant in this action.Datedetc.A.B.,[orX.Y.,
plaintiff’s solicitor].
603Rules of the Supreme CourtSCHEDULE 1 (continued)PART 3—FORMS
RELATING TO THIRD PARTYPROCEEDINGSForm 120THIRD PARTY NOTICE CLAIMING INDEMNITY
ORCONTRIBUTION OR OTHER RELIEF OR REMEDY (O
17)In the Supreme Court of Queensland.Between19.No.A.B.plaintiff,andC.D.defendant,andE.F.third
partyThird Party Notice(Issued pursuant
to the order ofdated the19).To E.F.of.Take notice that this action has been
brought by the plaintiff against thedefendant.Inittheplaintiffclaimsagainstthedefendant(herestateconcisely the nature of the plaintiff’s
claim) as appears by the endorsementon
the writ of summons a copy whereof is served herewith [together
with acopy of the statement of claim].The
defendant claims against you (here state
concisely the nature ofthe claim against the third party as
for instanceto be indemnified againstthe
plaintiff’s claim and the costs of this action or contribution to
the extentof (1/2) of the plaintiff’s claim) [orthe following relief or remedy
namelyon the grounds that (state concisely
the grounds of the claim against thethird
party)].And take notice that if you wish to
dispute the plaintiff’s claim againstthedefendant,orthedefendant’sclaimagainstyou,youmustcauseanappearance to be entered for you
withindays after the service of thisnotice on you otherwise you will be deemed to
admit the plaintiff’s claimagainstthedefendantandthedefendant’sclaimagainstyouandyour
604Rules of the Supreme CourtSCHEDULE 1 (continued)liability to
[indemnify the defendantorto contribute to
the extent claimedortostating the
relief or remedy sought] and you will be bound byanyjudgmentordecisiongivenintheactionandthejudgmentmaybeenforcedagainstyouinaccordancewithorder17oftheRulesoftheSupreme
Court.Take further notice that you are required to
plead to the defendant’sstatement of claim against you [which
is delivered herewith] within 28 daysafterthetimelimitedforyourappearanceotherwisethedefendantmayobtain judgment against you.Dated theday of,
19.C.D.[orX.Y.,solicitor for
the defendant C.D.].Appearancetothisnoticemaybeenteredeitherpersonallyorbysolicitor at the registry of the
Supreme Court at Brisbane [orRockhampton,TownsvilleorCairns].ThisnoticeisissuedbyC.D.(etc.asinendorsementonwritofsummons respecting the address of the
plaintiff or the plaintiff’s solicitor).
605Rules of the Supreme CourtSCHEDULE 1 (continued)Form 121THIRD PARTY NOTICE WHEN QUESTION OR ISSUE TO
BEDETERMINED(Title as in form 120)To
E.F., of.Take
notice that this action has been brought by the plaintiff against
thedefendant.Inittheplaintiffclaimsagainstthedefendant(herestateconcisely the nature of the plaintiff’s
claim) as appears by the endorsementon
the writ of summons a copy whereof is served herewith [together
with acopy of the statement of claim].The
defendant requires that the following question or issue,
viz.,(here state concisely the question or
issue to bedetermined) should be
determined not only as between the plaintiff and thedefendant but as between either or both of
them and yourself.And take notice that if you wish to be heard
on the said question orissue or to dispute the defendant’s
liability to the plaintiff or your liability tothe defendant an
appearance must be entered on your behalf withindays
after service of this notice on you otherwise you will be bound by
anyjudgmentordecisionintheactioninsofarasitisrelevanttothesaidquestionorissueandthejudgmentmaybeenforcedagainstyouinaccordance with
order 17 of the Rules of the Supreme Court.Take further
notice that you are required to plead to the defendant’sstatement of claim against you [which is
delivered herewith] within 28 daysafterthetimelimitedforyourappearanceotherwisethedefendantmayobtain judgment against you.Dated theday of,
19.(Signed) C.D.[orX.Y.,solicitor for
the defendant].Note—Adddirectionsforenteringappearanceandstatementbywhom
notice is issued, as in form 120.
606Rules of the Supreme CourtSCHEDULE 1 (continued)Form 122NOTICE CLAIMING INDEMNITY OR CONTRIBUTION BY
ONEJOINT TORTFEASOR AGAINST ANOTHER(Title as in action)To
the abovenamed defendant, G.H.Take notice that
this action has been brought by the plaintiff against thedefendanttorecoverdamagessustainedowingtoacollisionbetweenamotorcardriverbyyouandamotorcardrivenbytheabovenameddefendant (E.F.)
which is alleged to have been caused by the negligence ofthe
defendant.The abovenamed defendant E.F. claims to be
entitled to indemnity [orcontribution]fromyouinrespectofanysumwhichtheplaintiffmayrecover herein against him or her to the
extent of such amount as may befoundbytheCourttobejustandequitable,havingregardtoyourresponsibilityforsuchdamagesonthegroundthatyournegligencecontributed to
the happening of the abovementioned collision.Dated theday
of, 19.(Signed) E.F.[orX.Y.,solicitor for
the abovenamed defendant].
607Rules of the Supreme CourtSCHEDULE 1 (continued)Form 123NOTICE TO BE ENDORSED ON COUNTERCLAIM
AGAINSTPERSON NOT PARTY TO THE ACTIONIn
the Supreme Court of Queensland.19.(Here put the
number).Between A.B.plaintiff,andC.D.defendantBy
original action:andBetween C.D.plaintiff,andA.B., E.F.,and G.H.defendants,By
counterclaimTo G.H. of etc.Take notice
that, withindays after the service on you of thewithin-writtencounterclaimmadeagainstyouinthisactionbythedefendant, C.D.,
inclusive of the day of such service, you are required tocause
an appearance to be entered for you to such counterclaim; and
furthertake notice that you are required, within 28
days after the time limited foryour appearance,
to plead to the said counterclaim.In default of
your so entering an appearance or pleading, the said C.D.may
obtain judgment against you.C.D.[orX.Y. solicitor
for the defendant C.D.].Appearance may be entered by the
defendant to the counterclaim eitherpersonally or by
solicitor at the registry of the Supreme Court at Brisbane[orRockhampton,
TownsvilleorCairns].ThiscounterclaimisdeliveredbythedefendantC.D.(etc.asinendorsement on writ of summons
respecting the address of the plaintiff orthe plaintiff’s
solicitor).
608Rules of the Supreme CourtSCHEDULE 1 (continued)PART 4—PLEADINGS
AND MATTERSINCIDENTIAL TO PLEADINGSSECTION
1—STATEMENT OF CLAIM (O 24)Form 124GENERAL FORMIn the Supreme
Court of Queensland.19. (Here
put the number).Writ issued theday of,
19.(Title of action
in full as in writ of summons)STATEMENT OF CLAIMDelivered
thisday of, 19.State facts relied on in numbered
paragraphs, and conclude thus—The plaintiff
claims £ ($) (or as the case may be).[Place of trial:Brisbane.][The plaintiff
requires the action to be tried by jury].A.B. [orX.Y., plaintiff’s solicitor].Notice to be endorsed on statement of
claim(O 22, r 33)The defendant is
required to plead to the within statement of claimwithin 28 days from the time limited for
appearance or from the delivery ofthe statement of
claim whichever is the later, otherwise the plaintiff mayobtain judgment against him or her.(To be signed with the name of
plaintiff or the plaintiff’s solicitor).[This pleadings was settled byof
counsel].
609Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
2—DEFENCE AND COUNTERCLAIMGENERAL FORMSForm 125GENERAL FORM OF DEFENCE (O 22, rr 2 and
5)In the Supreme Court of Queensland.19(Here put the
number).(Title of action
in full as in statement of claim).Defence [of the defendant C.D.]Delivered theday of,
19.State facts relied on in numbered
paragraphs.[The defendant requires the action to be
tried by jury].(To be signed) C.D.[orY.Z., solicitor
for the defendant C.D.][This pleading was settled byof
counsel].Notice to be endorsed on defence(O
22, r 33)The plaintiff is required to reply to the
within defence within 14 days(or as
the case may be) otherwise the pleadings will be deemed to
be closedand all material statements of fact in the
defence will be deemed to havebeen denied and
put in issue.
610Rules of the Supreme CourtSCHEDULE 1 (continued)Form 126GENERAL FORM OF DEFENCE AND
COUNTERCLAIM(O 25, rr 10 and 11)In the Supreme
Court of Queensland.19.(Here put the number)Between A.B.,plaintiff,andC.D.
and E.F.defendants,By original
action:And between C.D.,plaintiff,andA.B., E.F.,and G.H.defendants,By
counterclaim.Defence and counterclaim of the defendant
(C.D.)Delivered theday of,
19.(State defence as
directed in form125and proceed).And
by way of counterclaim the defendant [C.D.] says as follows—(State facts as in a statement of
claim, or, if the facts relied on or anyof them have
already been stated in the defence, say—The defendant
relies on the facts set forth in [paragraphs 2 and 3 of]his
or her defence,and add such other statement as may be
necessary).The defendant claims (state claim as in a statement of
claim).[The defendant requires the action to
be tried by jury].[This pleading was settled byof
counsel].
611Rules of the Supreme CourtSCHEDULE 1 (continued)Form 127NOTICE TO BE ENDORSED ON DEFENCE ANDCOUNTERCLAIM (O 22, r 33)(a)To parties already parties to the
action.The plaintiff and the defendant E.F.
are required to answer the withindefence and
counterclaim within 14 days; otherwise the pleadings upon
thestatement of claim will be deemed to be
closed, and the defendant C.D. mayobtain judgment
upon the counterclaim.(b)To defendants to
counterclaim other than parties to the action.(See form 123).Form
128FORM OF SEPARATE DEFENCE IN ACTION AGAINST A
FIRMUNDER ORDER 54(Title etc. as in form 125)DefenceoftheabovenameddefendantsbyG.H.,1ofthepartners[served and] appearing in the action [orby G.H. the sole surviving
partnerin the firm].(State defence as directed in form 125).
612Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
3—PAYMENT INTO COURTForm 129NOTICE OF
PAYMENT INTO COURT (O 46)(Title as in action)Take
notice that—The defendanthas paid
($) into court.Of the said
($), ($cause(s) of
action forplaintiff’s cause(s) of action for) is
in satisfaction of the plaintiff’sand ($) is
in satisfaction of the.Dated theday
of, 19.P.Q.solicitor for
the defendant C.D.To X.Y. the solicitor for the plaintiff,
andTo R.S. the solicitor for the defendant,
E.F.
613Rules of the Supreme CourtSCHEDULE 1 (continued)Form 130NOTICE BY DEFENDANT AS TO LIABILITY TO PAY
AMOUNTOF WORKERS’ COMPENSATION ETC.(Title as in action)Take
notice that the defendant, if liable to pay damages to the
plaintiff,is liable to pay to (name statutory
body or fund), or to indemnify the said[bodyorfund] against, the whole [or£ ($)] of the amount of workers’
oremployees’ compensation, sickness
benefitsetc. (stating
which) received bythe plaintiff
[orthe deceased], and that the money paid
into court may notbe paid out except in accordance with the
written authority of the parties oran order of the
Court or a Judge or registrar.(Note—This form may be included in notice of
payment into court).Dated theday of,
19.P.Q.solicitor for
the defendant C.D.To X.Y., the solicitors for the plaintiff,
andTo R.S., solicitor for the defendant
E.F.
614Rules of the Supreme CourtSCHEDULE 1 (continued)Form 131NOTICE OF ACCEPTANCE OF MONEY PAID INTO
COURT(Title as in action)Take
notice that the plaintiff accepts the sum of £ ($) paid in by
thedefendant C.D. in satisfaction of the
cause[s] of action in respect of which itwaspaidinandinrespectofwhichtheplaintiffclaims[againstthatdefendant] [and abandons the other causes of
action in respect of which theplaintiff claims
in this action].Dated theday of,
19.Signature:X.Y.plaintiff’s solicitor.To P.Q. solicitor
for the defendant.
615Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION 4—REPLY,
ANSWER, AND FURTHERPLEADINGSForm 132GENERAL FORM OF REPLY (O 22, r 5; O
27)In the Supreme Court of Queensland.19. (Here put the
number).(Titleofactioninfullasinstatementofdefence(andcounterclaim(ifany))).Reply (or,
if there is a counterclaim,reply and
answer).Delivered theday of,
19.The plaintiff says (etc.
set out facts alleged by way of reply as in astatement of
defence).If there is a counterclaim,
add—And as to the defendant’s counterclaim
[orthe counterclaim of thedefendant C.D.,] the plaintiff says as
follows—(State defence to counterclaim in same
manner as in a defence to astatement of
claim).[The plaintiff requires the action to
be tried by jury].[This pleading was settled byof
counsel].Form 133JOINDER OF
ISSUEThe plaintiff [ordefendant] joins issue on the defendant’s
defence [oron the defence of the defendant
C.D.oron the plaintiff’s replyoron theplaintiff’s
answer to his or her counterclaim (or as the case
may be)].
616Rules of the Supreme CourtSCHEDULE 1 (continued)Form 134REPLY BY WAY OF CONFESSION AND AVOIDANCE (O
27)(a)Theplaintiffsaysthatthedefendantwastrespassinganddoingdamage upon the
plaintiff’s land, and the plaintiff requested the defendant
toleavethesaidland,whichthedefendantrefusedtodo,whereupontheplaintiffquietlylaidhandsuponthedefendantinordertoremovethedefendant, using no more force than was
necessary for that purpose, whichis the alleged
first assault by the plaintiff.(b) The
plaintiff says that by the alleged agreement giving an
extensionoftimeforpaymenttothesaidG.H.allrightsagainstsuretieswereexpressly reserved by the plaintiff.Notice to be endorsed on reply[and answer]and
subsequent pleadings(O 22, r 33)Ifthedefendantdoesnotpleadtothewithinreply[andanswer][rejoinder] then at the expiration of 14 days
the pleadings will be deemed tobeclosedandallmaterialstatementsoffactinthereply[andanswer][rejoinder] will
be deemed to have been denied and put in issue.[This pleading
was settled byof counsel].Form 135REPLY TO ANSWER TO COUNTERCLAIM (O 27, r
1)(Title etc. as in answer)The defendant says that he or she was
induced to execute the releasealleged in
paragraph 2 of the plaintiff’s answer to his or her counterclaim
bythe fraud of the plaintiff.(Notice to be endorsed as in form
134)[This pleading was settled byof
counsel].
617Rules of the Supreme CourtSCHEDULE 1 (continued)Form 136CONFESSION OF DEFENCE (O 28, r 3)(Title etc. as in last pleading)Theplaintiffconfessesthedefencesetforthinparagraph3ofthedefendant’sdefence [orof the defendant’s amended
defence].[This pleasing was settled byof
counsel].SECTION 5—DEMURRERForm 137GENERAL FORM OF DEMURRER (O 29)(Title etc. as in action)Delivered theday of,
19.The defendant [orplaintiff] demurs to the plaintiff’s
statement of claim[ortothedefendant’sdefenceorcounterclaim][ortosomuchoftheplaintiff’s statement of claim as
alleges as a breach of contract the mattersalleged in
paragraph 7 (or as the case may be)], and says
that the same isbad in law on the following grounds (here
state grounds of demurrer) andon other grounds
sufficient in law.(To be signed as in case of defence or
reply)[This pleading was settled byof
counsel].Notice to be endorsed on demurrer(O
29, r 7)The defendant [orplaintiff] is required to set this demurrer
down forargument within 10 days, otherwise judgment
will be given against him orher on the
matters demurred to.(To be signed with
the name of the party demurring or the party’s solicitor)
618Rules of the Supreme CourtSCHEDULE 1 (continued)Form 138DEMURRER WITH COPY OF DOCUMENT RELIED ON
BYOPPOSITE PARTY (O 29, r 6)(Title etc. as in form 137)The defendant [orplaintiff] says that the agreement sued on
[orreleaseset up by the
defendant (orasthecasemaybe)][sofarasthesameismaterial] is in the words [and figures]
following, that is to say, (set it out
sofar as material).And
the defendant [orplaintiff] says that the plaintiff’s
claim [orthedefendant’s
defence] so far as it depends on the said agreement [orrelease]is bad in law
(etc. as in form 137).(To be signed and endorsed as in
form137)[This pleading
was settled byof counsel].Form 139DEMURRER WITH PLEADING AS TO FACTS (O 29, r
4)(Title etc. as in ordinary
pleading)Set out facts pleaded as in other
cases and proceed—The defendant demurs (etc.asinform137) [orThe
defendant says(etc. as in form 138)].[This pleading was settled byof
counsel].
619Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
6—DISCONTINUANCEForm 140WITHDRAWAL OF
ACTION (O 30, r 5)(Title etc. as in last pleading)The plaintiff hereby withdraws this
action [against the defendant E.F.].Datedetc.(To
be signed by the plaintiff or the plaintiff’s solicitor)We consent to the withdrawal of this
action.(To be signed by the defendant or the
defendant’s solicitor)Form 141DISCONTINUANCE (O 30, r 1)(Title etc. as in last pleading)Theplaintiffherebydiscontinuesthisaction[againstthedefendantE.F.][orwithdrawssomuchoftheplaintiff’sclaimasissetforthinparagraphs 4 and 5 of the statement of claim
(or as the case may be)].Dated etc.(To
be signed as in case of reply)
620Rules of the Supreme CourtSCHEDULE 1 (continued)PART
5—PROCEEDINGS PRELIMINARY TOHEARING OR
JUDGMENTSECTION 1—DISCLOSUREForm 143INTERROGATORIES (O 35, rr 1 and 3)(Title of cause or matter)Interrogatoriesonbehalfoftheabovenamedplaintiff[ordefendantC.D.]
for the examination of the abovenamed defendants C.D. and E.F.
[orplaintiff].1. Did
notetc.2. Has
notetc.3.Etc.ThedefendantC.D.isrequiredtoanswertheinterrogatoriesnumbered.ThedefendantE.F.isrequiredtoanswertheinterrogatoriesnumbered.(To be signed by
the party or the party’s solicitor)
621Rules of the Supreme CourtSCHEDULE 1 (continued)Form 145ANSWER TO INTERROGATORIES (O 35, r 6)(Title of cause or matter)The answer of the abovenamed defendant
C.D. (orasthecasemaybe) to the interrogatories delivered for
the defendant’s examination by theabovenamed
plaintiff.InanswertothesaidinterrogatoriesItheabovenamedC.D.,makeoath and say as
follows—(Here set out the facts alleged in
answer).Form 147NOTICE REQUIRING
LIST OF DOCUMENTS OR DISCOVERY ONOATH (O 35, r
10(1))Take notice that you the abovenamed
plaintiff [ordefendant] A.B. arerequired within 14 days after the service of
this notice on you to furnish alistofthedocuments[ormakeandfileanaffidavitofthedocuments]which are or have
been in your possession or power relating to the mattersin
question in the action [orrelating to the
following matters in question inthe actionnaming them](Signature of solicitor or party)(Address for
service)Solicitor for the defendant or
plaintiff.Served theday ofsolicitor for the [defendant]
[plaintiff].19, byof,
622Rules of the Supreme CourtSCHEDULE 1 (continued)Form 148AFFIDAVIT AS TO DOCUMENTS(Title of cause or matter)I the abovenamed defendant C.D. make
oath and say as follows—1.Ihaveinmypossessionorpowerthedocumentsrelatingtothematters in
question in this cause set forth in schedule 1.2. I object to
produce the documents set forth in schedule 1, part 2 onthe
ground that (stating the ground of objection made and
verifying the factsas far as may be).3.Ihavehad,buthavenotnow,inmypossessionorpowerthedocumentsrelatingtothemattersinquestioninthiscausesetforthinschedule 2.4. Of the
documents in schedule 2 those numberedin thatschedule were last in my possession or power
on (stating when), and
theremainder on (stating
when).(Herestatewhathasbecomeofthesaiddocumentsandinwhosepossession they now are.)5.
According to the best of my knowledge, information and belief,
Ihavenotnowandneverhadinmypossessionorpower,orinthepossession or
power of my solicitor or any other person on my behalf, anydocument of any description whatsoever,
relating to the matters in questionin this cause or
any of them, or wherein any entry has been made relative tosuch
matters or any of them, other than and except the documents set
forthin schedules 1 and 2.(Schedules as in form 148A)Sworn etc.
623Rules of the Supreme CourtSCHEDULE 1 (continued)Form 148ALIST
OF DOCUMENTS (O 35, r 12)(Title of cause
or matter)LIST OF DOCUMENTSThefollowingisalistofthedocumentsrelatingtothemattersinquestion in this action which are or
have been in the possession or power oftheabovenamedplaintiff[ordefendant]A.B.andwhichisservedincompliance with order 35, rule 10 [orthe order dated thedayof19].1. The plaintiff [ordefendant] has in his or her possession or
powerthe documents relating to the matters in
question in this action set forth inschedule
1.2. The plaintiff [ordefendant] objects to produce the documents
setforthinschedule1,part2onthegroundthat(statingthegroundofobjection).3.
The plaintiff [ordefendant] has had, but has not now,
in his or herpossession or power the documents relating to
the matters in question inthis action set forth in schedule
2.4. Of the documents in schedule 2 those
numberedin thatschedule were
last in the plaintiff’s [ordefendant’s]
possession or power on(stating
when) and the remainder on (stating
when).(Herestatewhathasbecomeofthesaiddocumentsandinwhosepossession they now are).5.
Neither the plaintiff [ordefendant], nor
his or her solicitor, nor anyotherpersononhisorherbehalf,hasnow,oreverhad,inhisorherpossession or power any document of any
description whatever relating toany matter in
question in this action, other than the documents set forth
inschedules 1 and 2.
624Rules of the Supreme CourtSCHEDULE 1 (continued)SCHEDULE
1Part 1(Heresetforthinaconvenientorderthedocuments(orbundlesofdocuments,ifofthesamenature,suchasinvoices)inthepossessionorpower
of the party in question which he or she does not object to
produce,with a short description of each document or
bundle sufficient to identifyit.).Part 2(Here
set forth as aforesaid the documents in the possession or
powerof the party in question which he or she
objects to produce).SCHEDULE 2(Here
set forth as aforesaid the documents which have been, but at
thedate of service of the list are not, in the
possession or power of the party inquestion).Dated theday of19.Form 151NOTICE TO PRODUCE DOCUMENTS FOR
INSPECTION(O 35, rr 14 and 15)(Title of cause or matter)Take
notice that the plaintiff [ordefendant] requires you to produce
forhis or her inspection the following documents
referred to in your statementof claim [ordefence] [oraffidavit sworn theday of]
[orlist dated theday of].(Describe
documents required).Datedetc.(To be signed by
the party giving the notice, ortheparty’ssolicitor,andaddressedtothe
opposite party or the opposite party’ssolicitor).
625Rules of the Supreme CourtSCHEDULE 1 (continued)Form 152NOTICE TO INSPECT DOCUMENTS (O 35, r
16)(Title of cause or matter)Take notice that you can inspect the
documents mentioned in yournotice of
theday of[except the deed
numberedinthat notice] at (state place of
inspection) on Thursday next, theinstant,betweenthehoursof12and4p.m.[orthat the plaintiff [ordefendant]objects to giving
you inspection of the documents mentioned in your noticeof
theday of, on the ground
that (state the ground)].Dated etc.(To
be signed and addressed as in form 151)Form
153NOTICE TO ADMIT DOCUMENT (O 36, rr 2 and
3)(Title of cause or matter)Take notice that the plaintiff
[ordefendant] in this cause proposes
toadduce in evidence the several documents
hereunder specified, and that thesame may be
inspected by the defendant [orplaintiff], his or her solicitor oragent, at, on,
between the hours ofand;and
the defendant [orplaintiff] is hereby required, within
48 hours from thelastmentioned hour, to admit, for the
purposes of this cause only, that suchofthesaiddocumentsasarespecifiedtobeoriginalswererespectivelywritten, signed,
or executed, as they purport respectively to have been; thatsuch
as are specified as copies are true copies; and that such documents
asare stated to have been served, sent, or
delivered, were so served, sent, ordelivered,
respectively; saving all just exceptions to the admissibility of
anyof such documents as evidence in this
cause.Datedetc.(To be signed and
addressed as in form 151).
626Rules of the Supreme CourtSCHEDULE 1 (continued)(Here
describe the documents, the manner of doing which may be asfollows—)ORIGINALSDescription of
documentsDatesDeed of covenant
between A.B.and C.D. first part, and E.F. secondpart
. . . . . . . . . . . . . . . . . . . . . . . . .1
January 1963Indenture of lease from A.B. toC.D.
. . . . . . . . . . . . . . . . . . . . . . . .1 February
1963Indenture or release between A.B.first
part and C.D. second part . . . .2 February
1963Letter—defendant to plaintiff . . . .
.1 March 1964Policy of
insurance on goods byship ‘Isabella’, on voyage fromLondon to Brisbane . . . . . . . . . . .
.3 December 1964Memorandum of
agreementbetween C.D., captain of said ship,and
E.F. . . . . . . . . . . . . . . . . . . . . .1 January
1965Bill of exchange for £100 ($200) at3
months drawn by A.B. onand accepted by C.D. endorsed byA.B.,
E.F.,and G.H. . . . . . . . . . . .1
May 1965
627Rules of the Supreme CourtSCHEDULE 1 (continued)Description
ofdocumentsCOPIESDatesOriginalorduplicateserved,sent,ordeliveredwhen,how,and by
whomRegisterofbirthof1
January 1963 . . . . .A.B. in the town of X.——Letter—plaintiffto1
Feburary 1964 . . . .Sentbygeneralpost,defendant2 February
1964Noticetoproduce1 December 1965
. . .Served2Decemberpapers1965,ondefendant’sattorney by
E.F., ofRecordofajudgment10 June 1962 . .
. . . . .oftheSupremeCourtinanaction,M.N.v.O.P.——Deed
of grant . . . . . . .1 January 1947 . . . . .——
628Rules of the Supreme CourtSCHEDULE 1 (continued)Form 154NOTICE TO ADMIT FACTS (O 36, rr 2 and
3)(Title of cause or matter)Take notice that the plaintiff
[ordefendant] in this cause proposes
toprove the several facts respectively
hereunder specified; and the defendant[orplaintiff]isherebyrequired,within6daysfromtheserviceofthisnotice, to admit,
for the purposes of this cause only, the said several facts,saving all just exceptions to the relevancy
of such facts as evidence in thiscause.The
facts, the admission of which is required, are—1. That John
Smith died on 1 January 1955.2. That he died
intestate.3. That James Smith was his only lawful
son.4. That James Smith was born on 10 May
1925.5. That Julius Smith died on 1 April
1961.6. That Julius Smith never was
married.Dated etc.(To
be signed and addressed as in form 151).
629Rules of the Supreme CourtSCHEDULE 1 (continued)Form 155ADMISSION OF DOCUMENTS OR FACTS PURSUANT
TONOTICE(O 36, r
3)(Title of cause or matter)Thedefendant[orplaintiff]inthiscauseherebyadmits,forthepurposesofthiscause,theseveraldocuments[orfacts]respectivelyhereunderspecified,subjecttothequalificationsorlimitations(ifany)hereunder
specified, and saving all just exceptions to the admissibility
ofsuch documents [orrelevancy of such facts] or any of them, as
evidence inthis cause.This admission
is made for the purposes of this cause only, and is notan
admission to be used against the defendant [orplaintiff] on any otheroccasion, or by
anyone other than the plaintiff [ordefendant (or other
partyrequiring the admission)].DOCUMENTS ADMITTED(Describe them as in the notice)[OrFACTS ADMITTED]FactsQualifications or limitations (if
any)subject to which the facts areadmittedDatedetc.(Tobesignedbythepartymakingtheadmissionortheparty’ssolicitor,andaddressedtotheoppositepartyortheopposite party’s
solicitor).
630Rules of the Supreme CourtSCHEDULE 1 (continued)Form 156NOTICE TO PRODUCE (GENERAL FORM) (O 36, r
7)(Title of cause or matter)Take notice that you are hereby
required to produce and show to theCourt (or
as the case may be) on the trial of this cause (or
as the case maybe)allbooks,papers,letters,copiesofletters,andotherwritingsanddocuments, in your custody, possession,
or power, containing any entry,memorandum, or
minute, relating to the matters in question in this cause,andparticularly(heredescribeanyparticulardocumentsinthesamemanner as in form 153).Dated etc.(To
be signed and addressed as in form 151)SECTION 2—BRINGING CAUSE ON FOR
HEARINGOR TRIALForm 157QUESTIONS FOR TRIAL (GENERAL FORM)(O
37, r 1; O 38, r 12)In the Supreme Court of
Queensland.19. (Here put the
number)Writ issued theday of,
19.(Title as in last
pleading)Questions for trial before a Judge at
Toowoomba with [orwithout] ajury (or
as the case may be).1. Was the execution of the deed of 1
April 1963, in the pleadingsmentioned
procured by the fraud of the defendant (or as the case
may be)2. Wasetc.(To be signed by
the party preparing the issues or the party’s solicitor)
631Rules of the Supreme CourtSCHEDULE 1 (continued)Form 158NOTICE OF TRIAL (O 39, r 14–16)(Title of cause etc.(as in last pleading (if any)).)Takenoticeoftrialofthisaction[orofthequestion(orissues)ordered to be
tried in this action] (or as the case may be)
before a Judge atBrisbane (or as the case
may be) for the sittings appointed to commence
ontheday ofnext.Trial by jury has [orhas
not] been required.Dated etc.(To
be signed by the party giving notice of trial ortheparty’ssolicitor,andaddressedtotheoppositepartyortheoppositeparty’ssolicitor)
632Rules of the Supreme CourtSCHEDULE 1 (continued)Form 159CERTIFICATE OF READINESS FOR TRIAL (O 39, r
30A)(Title of action)I/We
the undersigned certify to the Court as follows—1.
All orders or requirements for discovery or inspection of
documentsand all orders for particulars have been
complied with and all interrogatoriesdelivered have
been answered.2. All necessary interlocutory steps in the
action have been completed.3. All necessary
witnesses are available.4. The action is in all respects ready
for trial.5. A conference of the kind mentioned in
order 39, rule 30A(4)(e) hasbeen held.6.
The present estimated length of trial is as follows—(a)the plaintiff’s solicitors have
instructed X. of counsel and his orher present
estimate of the length of trial is ..............
hours/days;(b) the defendant’s solicitors have
instructed Y. of counsel and hisor her present
estimate of the length of trial is .......... hours/days;(c)the solicitors for other parties
(state which party) have instructedZ. of counsel
and his or her present estimate of the length oftrial is ............. hours/days.7.
—(a)ThesolicitorintheofficeofthesolicitorsfortheplaintiffresponsibleforhandlingthismatterisA.,whosedirecttelephone number is
....................;(b) The solicitors in the office of
the solicitors for the defendantresponsibleforhandlingthismatterisB.,whosedirecttelephone number is
....................;(c)The solicitor in
the office of the solicitors for other parties (statewhich party) responsible for handling this
matter is C., whosedirect telephone number is
...................... .
633Rules of the Supreme CourtSCHEDULE 1 (continued)Dated theday
of, 19.Solicitor for the plaintiff.Solicitor for the defendant.Solicitors for other parties.(Note—Interlocutorystepsincludes,butisnotconfinedtosuchmatters(in actions to which they are
appropriate)as discovery, inspectionof
documents, admissions, particulars and answers to
interrogatories.)(Note—If the solicitors for any party
have not instructed counsel at thetime this
certificate of readiness is filed, they should so state in the
certificateand therein set out the length of trial
estimated by the solicitors.If, after
thecertificatehasbeenfiledandafterthematterappearsonthepublishedmonthly list of cases to be called over, the
solicitors for any party considerthat the
estimated length of trial should be altered, whether due to change
ofcounsel, amendments to pleadings or
otherwise, notification in writing ofsuch alteration
should be given by the solicitors to the registrar and to
allother parties at least 2 clear days before
the call-over.If the matter is not setdown at that
call-over and there is a further change in the estimate of
lengthof trial the solicitors shall give similar
notice at least 2 clear days before thedate of the
call-over of cases at which it is expected a date of trial will
begiven.Should there be
a change in the estimate of length of trial after thematter has been set down at a call-over then
a further notification in writingshould be given
forthwith by that solicitor to the registrar and to all
otherparties.)
634Rules of the Supreme CourtSCHEDULE 1 (continued)Form 160ENTRY OF CAUSE FOR TRIAL OR HEARING (O 39, r
18)(Title etc. as in writ of
summons)Enter this cause (or as the case
may be) for trial [orhearing] before aJudge with
[orwithout] a jury at Brisbane (oretc.) ontheday
of.Dated etc.(To
be signed by the party or the party’s solicitor.)
635Rules of the Supreme CourtSCHEDULE 1 (continued)Form 161REQUEST FOR TRANSFER FROM
ROCKHAMPTON,TOWNSVILLE OR CAIRNS TO BRISBANEIn
the Supreme Court of QueenslandRockhampton
[orTownsvilleorCairns]19.
(Here put the number)A.B.v.C.D.The Central
[orNorthernorFar
Northern] Judge being unable fromillness [orinterest] (or as the case
may be) to entertain this action [orthematterhereinaftermentioned][orbeingabsentfromRockhampton(orTownsvilleorCairns),andhisorherabsencebeinglikelytolastforaperiod longer than 7 days], and there
being no other Judge here present, Ihereby request
that this action (or as the case may be) be transferred
to theSupremeCourtatBrisbaneforthepurposeofasummonsforfinaljudgmentintendedtobetakenoutthisday[orforthepurposeofanapplication for adjudication of
bankruptcy upon the petition filed in thismatter (or
as the case may be)].Dated etc.(To
be signed by the party or the party’s solicitor.)To
the registrar of the Supreme Court,Rockhampton
[orTownsvilleorCairns].
636Rules of the Supreme CourtSCHEDULE 1 (continued)Form 164(O
29, r 13)ENTRY OF QUESTIONS OF LAW FOR
ARGUMENT(Title etc. as in cause or
matter)EnterforargumentbeforetheCourtofAppealthedefendant’s[orplaintiff’s] demurrer to the plaintiff’s
statement of claim [or defendant’sdefence or as the
case may be] [or the special case stated in this cause, or
thequestions of law directed to be argued in
this cause].Dated19.(To be signed by the party or the
party’s solicitors.)Form 165NOTICE OF ENTRY
OF DEMURRER OR SPECIAL CASE ORQUESTION OF LAW
FOR ARGUMENT(O 29, r 13; O 38)(Title etc. as in cause or matter)Takenoticethatthedefendant’s[orplaintiff’s]demurrertotheplaintiff’s
statement of claim [ordefendant’s
defenceorasthecasemaybe] [orthe
special case stated in this cause,orthe
questions of law directedto be argued in this cause] has
[orhave] been set down for argument
beforethe Court of Appeal [orthe
Honourable](Tobesignedasinform122andaddressedtotheoppositepartyorthe opposite party’s solicitor.)
637Rules of the Supreme CourtSCHEDULE 1 (continued)Form 166NOTICE REQUIRING DEMURRER OR QUESTION OF LAW
TOBE ARGUED BEFORE COURT OF APPEAL (O 29, r
14; O 38, r 7)(Title etc. as in form 158)The plaintiff [ordefendant] requires that the defendant’s
demmurrer tothe plaintiff’s statement of claim (or
as the case may be) be set down forargument before
the Court of Appeal in the first instance.(To
be signed and addressed as in form 165.)
638Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
3—ATTENDANCE AND EXAMINATIONOF
WITNESSESA—SUBPOENAS,ORDERSANDNOTICESTOPRODUCEWITNESSES, WRIT
OF NON-PARTY DISCOVERYForm 167SUBPOENA AD
TESTIFICANDUM (GENERAL FORM)(O 40, rr 30 and
33)In the Supreme Court of Queensland.19. (Here put
number).BetweenELIZABETH THE
SECOND ETC.A.B.andC.D.
and E.F.,plaintiffdefendants.To (the
names of any number of witnesses may be inserted):Greeting:Wecommandyoutoattendbefore(describetheCourtorperson)atonday theday
of, 19, atthe
hour ofin thenoon, and so
from day to day until thiscause is tried, to give evidence on
behalf of the plaintiff [ordefendant].Witnessetc.
639Rules of the Supreme CourtSCHEDULE 1 (continued)Form 168SUBPOENA DUCES TECUM (GENERAL FORM)(O
40, r 30)(Title etc. as in form 167)ELIZABETH THE SECOND ETC.To
(the names of not more than 3 witnesses may
be inserted):Greeting:Wecommandyoutoattendbefore(describetheCourtorperson)at, onday theday
of, 19, atthe
hour ofin thenoon, and so
from day to day until thiscause is tried, to give evidence on
behalf of the, and also tobringwithyouandproduceatthetimeandplaceaforesaid(specifydocuments to be
produced).Witnessetc.Form 169PRAECIPE FOR
SUBPOENA(Title etc. as in form 167)Seal a writ of subpoenaad
testificandum[or duces tecum directed toM.N.]
returnable at the Supreme Court at Brisbane (or as the case
may be)on.Datedetc.(To be signed by
the party or the party’s solicitor.)
640Rules of the Supreme CourtSCHEDULE 1 (continued)Form 169AWRIT
OF NON-PARTY DISCOVERY(O 40, r 38A)(Title etc. as in form 167)ELIZABETH THE SECOND ETC.To:
(the names of not more than 3 respondents may
be inserted)We command you that, within 14 days
after the day of service of this writon you, you
must—(a)produce the document(s) mentioned or
described in the scheduleatyourplaceofbusinessoratthatofyoursolicitoratatimewithinordinarybusinesshours,unlesstheapplicantandyouagree otherwise; and(b)permit the applicant (insert name) to copy the
document(s);but, if—(c)youmakeaclaimofprivilegeinrelationtoadocumentorotherwise object to produce a document;
and(d)the applicant does not accept the
claim or objection;you may apply to a Judge to determine the
claim or objection;and take notice—(e)that
you may, within 14 days after service of this writ on you,apply to a Judge to have it set aside or
varied; and(f)that your costs and expenses of
producing the document(s) willbe paid by the
applicant after being taxed, unless the applicant andyou
agree otherwise.SCHEDULEThe address and
telephone number of the applicant are:Witness
etc.
641Rules of the Supreme CourtSCHEDULE 1 (continued)Form 169BPRAECIPE FOR WRIT OF NON-PARTY
DISCOVERY(Title etc. as in form 167)Seal a writ of non-party discovery
directed to:Dated etc.(To
be signed by the party or party’s solicitor)Form
170AFFIDAVIT FOR WRIT OF HABEAS CORPUS
ADTESTIFICANDUM, OR ORDER TO PRODUCE WITNESS (O
82, r 1)(Title etc. as in form 167)I, A.B., ofetc.
make oath and say as follows—1. O.P., now a
prisoner confined in Her Majesty’s prison atundergoing a term
of imprisonment for [orunder commitment
to take hisorhertrialfor](stateoffenceshortly)willbeamaterialandnecessarywitness on behalf
of the [plaintiff] on the trial of this action.2. The
[plaintiff] cannot safely proceed to trial without the testimony
ofthe said O.P.
642Rules of the Supreme CourtSCHEDULE 1 (continued)Form 171WRIT
OF HABEAS CORPUS AD TESTIFICANDUM(Title etc. as in form 167)To the superintendent of Her Majesty’s
Prison atmay be).(or as the caseGreeting:We
command you that you bring O.P. who, it is said is confined
inHer Majesty’s Prison at(or
as the case may be) in your custodybefore the
Supreme Court at Brisbane (or as the case
may be) onday theday
of, at the hour ofin thenoon,
and so from day to day until this cause is tried, to give evidence
onbehalf of the plaintiff [ordefendant C.D.].And that
immediately after thesaid O.P. shall have so given his or
her evidence you safely conduct him orher to his or her
former custody in the said prison (or as the case
may be).Witnessetc.Form 172PRAECIPE FOR
WRIT OF HABEAS CORPUS ADTESTIFICANDUM(Title etc. as in form 167)Sealawritofhabeascorpusadtestificandum,addressedtothesuperintendent of Her Majesty’s Prison
at(or as the case maybe),
to bring O.P. before the Supreme Court at Brisbane (orasthecasemay be)
onetc.Dated
etc.(To be signed by the party or the
party’s solicitor.)
643Rules of the Supreme CourtSCHEDULE 1 (continued)Form 174NOTICE TO PRODUCE WITNESS FOR
CROSS-EXAMINATIONAT HEARING (O 41, r 27)(Title etc. as in form 167)Take notice, that the defendant
[orplaintiff] intends at the trial of
thisaction to cross-examine the several deponents
named and described in theschedule on their affidavits therein
specified.And also take notice that you are hereby
required to produce the saiddeponents for
such cross-examination before the Court as aforesaid.Dated etc.(To
be signed by the party giving the notice, or theparty’ssolicitor,andaddressedtotheoppositepartyortheoppositeparty’ssolicitor).THE SCHEDULEName of
deponentAddress anddescriptionDate when
affidavitfiled
644Rules of the Supreme CourtSCHEDULE 1 (continued)B—COMMISSION AND
REQUEST TO EXAMINE WITNESSESForm 178COMMISSION TO EXAMINE WITNESSES (O 40, r
9)(Title of cause or matter)ELIZABETH THE SECOND ETC.To
M.N., ofand S.T. of,
commissionersnamed by and on behalf of the plaintiff, and
to V.W., of, andX.Y., of,
commissioners named by and on behalf of thedefendant.Greeting.Know ye that We,
in confidence of your prudence and fidelity, haveappointedyouandbythesepresentsgiveyoupowerandauthoritytoexamine[oninterrogatoriesand]vivavoce,ashereinaftermentioned,witnesses on
behalf of the said plaintiff and defendant (or as the case
maybe)respectivelyat,beforeyouorany2ofyou,sothat1 commissioner
only on each side be present and act at the examination;and
We command you as follows—1.Eachofthesaidpartiesshallbeatlibertytoexamine[uponinterrogatories, and] viva voce [upon the
subject matter thereof or arisingout of the
answers thereto,] such witnesses as shall be produced on his
orherbehalf,withlibertytotheotherpartytocross-examinethesaidwitnesses [upon
cross-interrogatories and] viva voce, the party producingany
witness for examination being at liberty to re-examine him or her
vivavoce;andtheanswerstoallsuchvivavocequestions,whetheronexamination, cross-examination, or
re-examination, shall be reduced intowriting, and
returned with this commission.2. Not less
thandays before the examination of any
witnesson behalf of either of the said parties,
notice in writing, signed by any one ofyou, the
commissioners of the party on whose behalf the witness is to
beexamined, and stating the time and place of
the intended examination andthenamesofthewitnessestobeexamined,shallbegiventothecommissioners of the other party by
delivering the notice to them, or by
645Rules of the Supreme CourtSCHEDULE 1 (continued)leaving it at
their usual place of abode or business, and if the
commissionersor commissioner of the party neglect to
attend pursuant to the notice, thenone of you, the
commissioners of the party on whose behalf the notice isgiven, shall be at liberty to proceed with
and take the examination of thewitnessorwitnessesexparte,andadjournanymeetingormeetings,orcontinue the same from day to day until all
the witnesses intended to beexamined by
virtue of the notice have been examined, without giving anyfurther or other notice of the subsequent
meeting or meetings.3.Intheeventofanywitnessonhisorherexamination,cross-examination, or re-examination
producing any book, document, letter,paper, or
writing, and refusing, for good cause to be stated in his or
herdisposition, to part with the original
thereof then a copy thereof, or extracttherefrom,
certified by such of you as shall be present and acting to be a
trueand correct copy or extract, shall be annexed
to the witness’s deposition.4.Eachwitnesstobeexaminedunderthiscommissionshallbeexamined on oath, affirmation, or
otherwise in accordance with his or herreligionbyorbeforesuchofyouasshallbepresentandactingattheexamination.5. If any 1 or
more of the witnesses do not understand the Englishlanguage,the[interrogatories,cross-interrogatories,and]vivavocequestions (if any), shall be first translated
into the language with which he,she or they is or
are conversant, and the examination shall then be taken inEnglishthroughthemediumofaninterpreterorinterpreterstobenominated by such of you as shall be
present and acting at the examination,and to be
previously sworn in the form hereon endorsed according to
his,her or their several religions by or before
such of you as shall be so presentand acting truely
to interpret the questions to be put to the witness and his
orher answers thereto.6.Thedepositionstobetakenunderthiscommissionshallbesubscribedbythewitnessorwitnesses,andbythecommissionersorcommissioner who shall have taken the
depositions.7.The[interrogatories,cross-interrogatories,and]depositions,together with any
documents referred to therein, or certified copies thereofor
extracts therefrom, shall be sent to the registrar of Our Supreme
Court ofQueensland, at Brisbane [orRockhampton, TownsvilleorCairns]onor
646Rules of the Supreme CourtSCHEDULE 1 (continued)before theday
ofenclosed in a cover under the seals
orseal of such of you as shall have taken such
depositions.8. Before you or any of you in any manner
act in the execution hereofyou shall
severally take the oath hereon endorsed on the Holy Gospels,
orotherwise in such other manner as is
sanctioned by the form of your severalreligionsandisconsideredbyyourespectivelytobebindingonyourrespectiveconsciences.Intheabsenceofanyothercommissionersorcommissioner a commissioner may himself or
herself take the oath.And We give you or any one of you
authority to administer such oathto the other or
others of you.Witnessetc.WITNESS’S OATHYou are true
answer to make to all such questions as shall be askedyou,
without favour or affection to either party, and therein you shall
speakthe truth, the whole truth, and nothing but
the truth.So help you God.COMMISSONER’S
OATHYou shall [orI
will], according to the best of your [ormy]
skill andknowledge, truely and faithfully, and without
partiality to any or either ofthe parties in
this cause, take the examinations and depositions of all andeverywitnessandwitnessesproducedandexaminedbyvirtueofthecommission within written.So
help you [orme] God.INTERPRETER’S
OATHYou shall truely and faithfully, and without
partiality to any or either ofthe parties in
this cause, and to the best of your ability, interpret and
translatetheoathoroaths,affirmationoraffirmationswhichheorsheshalladminister to,
and all and every the questions which shall be exhibited orput
to, all and every witness and witnesses produced before and
examinedby the commissioners named in the commission
within written, as far forthas you are
directed and employed by the said commissioners to interpretand
translate the same out of the English into the language of such
witnessor witnesses, and also in like manner to
interpret and translate the respective
647Rules of the Supreme CourtSCHEDULE 1 (continued)depositions taken
and made to such questions out of the language of suchwitness or witnesses into the English
language.So help you God.CLERK’S
OATHYou shall truely, faithfully, and without
partiality to any or either of theparties in this
cause, take, write down, transcribe and engross, all and
everythe questions which shall be exhibited or put
to all and every witness andwitnesses
produced before and examined by the said commissioners namedinthecommissionwithinwritten,asfarforthasyouaredirectedandemployedbythecommissioners,totake,writedown,transcribe,orengross, the said questions (and
depositions).So help you God.Direction of
commision etc. when returned by the commissioners.The
registrar of the Supreme Court of Queensland, Brisbane (or
as thecase may be).Form
179PRAECIPE FOR COMMISSION TO EXAMINE
WITNESSES(Title of cause or matter)Seal,inpursuanceoforderdatedetc.acommissiontoexaminewitnesses
directed toetc.Datedetc.(To
be signed by the party taking out thecommission or
the party’s solicitor.)
648Rules of the Supreme CourtSCHEDULE 1 (continued)Form 181REQUEST FOR EXAMINATION ABROAD(Title of cause or matter)To the Chief Justice and Judges of the
Supreme Court of New SouthWales (or as the case
may be).Whereas a cause is now pending in the
Supreme Court of Queensland,in which A.B. is
plaintiff and C.D. is defendant (or as the case
may be), inwhichsaidcausetheplaintiff(oretc.)claims(state concisely the reliefclaimed).AndwhereasithasbeenrepresentedtothesaidCourtthatitisnecessary for the purposes of justice,
and for the due determination of thematters in
dispute between the parties, that the following persons should
beexaminedaswitnessesuponoathtouchingsuchmatters—thatistosay:O.P., of,
Q.R., of(etc.).And
it appearing that such witnesses are resident within the
jurisdictionof your Honourable Court.Now I, as
the Chief Justice of the said Supreme Court ofQueensland, have
the honour to request, and do hereby request, that, for thereasonsaforesaid,andfortheassistanceoftheSupremeCourtofQueensland, you as the Chief Justice
and Judges of the said Supreme Courtof New South
Wales (or as the case may be), or some 1 or
more of you,will be pleased to summon the said witnesses
[and such other witnesses asthe agents of the
said plaintiff and defendant shall humbly request you inwriting so to summon] to attend at such time
and place as you shall appointbefore some 1 or
more of you, or such other person as according to theprocedure of your court is competent to take
the examination of witnesses,and that you will
cause such witnesses to be examined viva voce [oruponthe
interrogatories which accompany this letter of request] touching
the saidmattersinquestioninthepresenceoftheagentsoftheplaintiffanddefendant,orsuchofthemasshallonduenoticegivenattendsuchexamination.And I have
further the honour to request that you will be pleased tocause
the answers of the said witnesses to be reduced into writing, and
allbooks, letters, papers, and documents,
produced upon such examination to
649Rules of the Supreme CourtSCHEDULE 1 (continued)be duly marked
for identification and that you will be further pleased toauthenticate such examination by the seal of
your court, or in such otherwayasisinaccordancewithyourprocedure,andtoreturnthesame[together with
such request in writing (if any) for the examination of
otherwitnesses], to me at the Supreme Court House,
Brisbane.PART 6—FORMS OF JUDGMENTS/ORDERSForm
182GENERAL FORM OF JUDGMENT/ORDER(Title of cause or matter)JUDGMENT/ORDERJudge/Master:Date of
Judgment/Order:Document initiating this hearing:IT IS
ADJUDGED/ORDERED THATRegistrar
650Rules of the Supreme CourtSCHEDULE 1 (continued)Form 217NOTICE OF JUDGMENT (O 3, rr 28–30)(Title etc. as in judgment)Take notice that the judgment, a copy
whereof is within written [orhereto annexed], was pronounced [ormade] in this action onetc.And take notice
that from the time of the service of this notice on you, you[orG.H.aninfant(oramentallyillperson)willbeboundbytheproceedings in this action in the same
manner as if you [orhe or she] hadbeen originally
made a party, and that you [orhe
or she] may, on enteringan appearance at the registry at
Brisbane [orRockhampton, TownsvilleorCairns] attend the proceedings under
the said judgment; and that you [orheor she] may within 1 month after the
service of this notice apply to theCourt to add to
the judgment.To G.H. ofetc.[orto M.N.,
guardian (orcommittee (or as the
casemay be)), of G.H.
ofetc.and infant
(ora mentally ill person)](Tobesignedbythepartyhavingthecarriageofthejudgmentortheparty’s solicitor).
651Rules of the Supreme CourtSCHEDULE 1 (continued)Form 218PRAECIPE TO ENTER MEMORANDUM OF SERVICE OF
NOTICEOF JUDGMENT(Title etc. as in form 217)Entermemorandumofserviceofnoticeofjudgmentmadeinthisaction, and
datedetc.on the
undermentioned persons, viz.—Name of party
servedDate of serviceDatedetc.(To
be signed by the party or the party’s solicitor).
652Rules of the Supreme CourtSCHEDULE 1 (continued)PART 7—FORMS OF
WRITS OF EXECUTION ETC.Form 219GENERAL FORM OF
COMMENCEMENT AND CONCLUSION(O 47, rr 12, 13
and 17)In the Supreme Court of Queensland.19. (Here put the
number).(Title of cause
or matter)ELIZABETH THE SECOND (etc.
as in writ of summons):To the sheriff of
Queensland (or as the case may be):Greeting:We command you
(etc. as in following forms).Witness (etc. as in writ
of summons).Levy £ ($) and £ ($) for costs of
execution, and also interest on £ ($)at%
per annum from theday of, 19,
untilpayment, beside sheriff’s poundage, officer’s
fees, costs of levying, and allother legal
incidental expenses (or as the case may be).This writ was issued by X.Y. of B,
agent for W.X., of T, solicitor forthe plaintiff
[orby the plaintiff (or as the case
may be)].The defendant [orthe
said C.D.] is a, and resides at.
653Rules of the Supreme CourtSCHEDULE 1 (continued)Form 220GENERAL FORM OF PRAECIPE FOR WRIT OF
EXECUTION(Title etc. as in form 219)Seal a writ of fieri facias (or
as the case may be) directed (etc. as
infollowing forms).Datedetc.(To be signed by the party or the
party’s solicitor).Judgment [orOrder] datedetc.[Taxing officer’s certificate filed
theday of.]
654Rules of the Supreme CourtSCHEDULE 1 (continued)Form 221WRIT
OF FIERI FACIAS FOR SUM OF MONEY AND COSTS(O 47, rr 13 and
20; O 48, r 1)(Commencement and conclusion as in form
219)We command you that of the lands,
tenements, goods, chattels, chosesin action, and
other property, of C.D. within the State of Queensland, of
orto which the said C.D. is seized, possessed,
or entitled, or which he or shecan assign or
dispose of, you cause to be made the sum of £ ($) and alsointerest thereon at the rate of%
per annum from theday of (date of judgment
or order), which said sum and interest were
latelybefore Us in Our Supreme Court of Queensland
in a certain cause theredepending wherein A.B. is plaintiff and
C.D. is defendant [orin a certainmatter there
depending entitled ‘in the matter of E.F.’ (or as the case
maybe)] by a judgment [oran
order] of Our said Court, hearing date theday ofadjudged [orordered] to be paid by the said C.D. to
A.B.,together with certain costs in the said
judgment [ororder] mentioned, andwhich
costs have been taxed and allowed by the taxing officer of Our
saidCourt at the sum of £ ($), as appears by the
certificate of the said taxingofficer, filed
theday of[ortogether with £ ($) forcosts].And that of the
property aforesaid of the said C.D. in Our said Stateyou
further cause to be made the said sum of £ ($) (the
costs), together withinterest thereon
at the rate of% per annum from the date aforesaid,
and£($)forcostsofexecution,andthatyouhavethatmoneyandinterestbefore Us in Our
said Court immediately after the execution hereof to bepaid
to the said A.B. in pursuance of the said judgment [ororder].AndinwhatmanneryoushallhaveexecutedthisOurwritmakeappear to Us in Our said Court immediately
after the execution hereof.And have there
then this writ.
655Rules of the Supreme CourtSCHEDULE 1 (continued)Form 222PRAECIPE FOR WRIT OF FIERI FACIAS(Title and conclusion as in form
220)Seal a writ of fieri facias directed
to the sheriff of Queensland (orasthe case may be) to levy
against C.D., of, the sum of £ ($) [and£ ($) for costs]
and interest thereon at the rate of% per annum
fromtheday of, and £ ($) for
costs of execution.Form 223WRIT OF FIERI
FACIAS FOR COST ONLY(O 47, rr 13 and 20; O 48, r 1)(Commencement and conclusion as in form
219)We command you that of the lands,
tenements (etc. as in form 221)youcausetobemadethesumof£($)forcertaincosts,whichbyajudgment [oran order] of Our Supreme Court of
Queensland bearing datetheday ofwere
adjudged [orordered] to be paid by thesaid
C.D. to A.B., [and which have been taxed and allowed at the said
sum,as appears by the certificate of the taxing
officer of Our said Court filedtheday
of] together with interest thereon at the rate
of%per annum from the date aforesaid, and
£ ($) for costs of execution; and thatyou have that
money (etc. as in form 221 to the end).Form 224PRAECIPE FOR
FIERI FACIAS FOR COSTS(The same as form
222 with necessary variations)
656Rules of the Supreme CourtSCHEDULE 1 (continued)Form 225WRIT
OF FIERI FACIAS ON JUDGMENT OF DISTRICT COURTREMOVED INTO THE
SUPREME COURT(O 47, r 13; O 48, r 1)In the Supreme
Court of Queensland.In the matter of an action lately
pending in the District Court at T.,between A.B.,
plaintiff, and C.D., defendant, and removed into this Court.(Address and conclusion as in form
219)Wecommandyouthatofthelands,tenements,goods(etc.asinform 221), you cause to
be made the sum of £ ($) which, by a judgment [oran
order] of the District Court holden at, dated
thedayof, made in a
certain action there depending (or as the case
maybe),whereinA.B.wasplaintiffandthesaidC.D.wasdefendant,wereadjudged [orordered] to be paid by the said C.D. to the
said A.B., andwhich judgment [ororder] of the said District Court was
afterwards, ontheday of, removed into
Our Supreme Court ofQueensland by virtue of an order of the
Honourable Justice C., datedetc.;andalsothefurthersumof£($)forcertaincosts,whichbythesaidlastmentioned
order were ordered to be paid by the said C.D. to the saidA.B.,
and which costs have been taxed and allowed by the taxing officer
ofOur said Court at the sum of £ ($), as
appears by the certificate of the saidtaxing officer
filed theday of, together with
interestthereonattherateof%perannumonthesaidsumsfromthesaidday of(date of the order), and £ ($) for
costs ofexecution; and that you have that money
(etc. as in form 221).
657Rules of the Supreme CourtSCHEDULE 1 (continued)Form 226PRAECIPE FOR WRIT OF FIERI FACIAS ON
JUDGMENT ORORDER REMOVED INTO SUPREME COURT(Title and conclusion as in form
225)Seal a writ of fieri facias, directed
to the sheriff of Queensland (etc. asin
form 222).(To be signed by
the party or the party’s solicitor.)Judgment [ororder] of District Court dated theday
of.Order of the Honourable Justice C.,
datedetc.[Taxing
officer’s certificate filed theday of.]
658Rules of the Supreme CourtSCHEDULE 1 (continued)Form 227WRIT
OF ELEGIT (O 47, r 3; O 48, r 1)(Commencement and onclusion as in form
219)WhereaslatelyinOurSupremeCourtofQueensland,inacertaincause there
depending, wherein A.B. is plaintiff and C.D. is defendant [orin a certain matter there depending,
entitled ‘In the Matter of E.F.’ (or as thecase
may be)], by a judgment [oran
order] of Our said Court bearing datetheday
of, it was adjudged [orordered] that C.D.should pay to
A.B. the sum of £ ($), together with interest thereon at therate
of% per annum from the saidday
of, togetheralso with certain
costs, as in the said judgment [ororder] mentioned andwhich costs have
been taxed and allowed by the taxing officer of Our saidCourt
at the sum of £ ($), as appears by the certificate of the said
taxingofficer, filed theday of[ortogether with £
($) forcosts].And afterwards
the said A.B. came into Our said Court, and accordingto
the statute in such case made and provided, chose to have delivered
tohim or her all the goods and chattels of the
said C.D. in Our said State andalso all such
lands, tenements, rents, and hereditaments in Our said State
asthe said C.D., or any on trust for him or
her, was seized or possessed of ontheday
of(date of judgment or order),
or at any timeafterwards, or over which the said C.D., on
the said lastmentioned day or atanytimeafterwards,hadanydisposingpowerwhichheorshemightwithout the assent of any other person
exercise for his or her own benefit, tohold to him or
her the said goods and chattels as his or her proper goodsand
chattels, and to hold the said lands, tenements, rents, and
hereditamentsrespectively, according to the nature and
tenure thereof, to him or her and tohis or her
assigns, until the said 2 several sums of £ ($) and £ ($)
togetherwith interest upon the said sums at the rate
of% per annum from thesaidday
of, should have been levied.ThereforeWeCommandyouthatwithoutdelayyoucausetobedelivered to the said A.B. by a
reasonable price and extent all the goods andchattelsofthesaidC.D.inOursaidState,andalsoallsuchlands,tenements, rents, and hereditaments in Our
said State as the said C.D., oranypersonorpersonsintrustforhimorher,wasorwereseizedor
659Rules of the Supreme CourtSCHEDULE 1 (continued)possessed of on
the saidday of(date
of judgment ororder), or at any
time afterwards, or over which the said C.D. on the saidlastmentioneddayoratanytimeafterwards,hadanydisposingpowerwhich
he or she might, without the assent of any other person, exercise
forhis or her own benefit, to hold the said
goods and chattels to the said A.B.as his or her
proper goods and chattels, and also to hold the said lands,tenements, rents, and hereditaments
respectively, according to the natureand tenure
thereof, to him or her and to his or her assigns until the
said2 several sums, and interest as aforesaid,
shall have been levied.AndinwhatmanneryoushallhaveexecutedthisOurwritmakeappear to Us in Our said Court, immediately
after the execution thereof,under your seal,
and the seals of those by whose oath you shall make thesaid
extent and appraisement.And have there then this writ.Form
228PRAECIPE FOR WRIT OF ELEGIT(Title and conclusion as in form
220)Seal a writ of elegit, directed to the
sheriff of Queensland, (or as thecase may
be) against C.D., of, for not paying
to A.B. the sum of£ ($), [and £ ($) for costs] together with
interest thereon from theday of.
660Rules of the Supreme CourtSCHEDULE 1 (continued)Form 229WRIT
OF CAPIAS AD SATISFACIENDUM (O 78, r 23)(Commencement and conclusion as in form
219)We command you that you take C.D., if
he or she shall be found inOur State of
Queensland, and him or her safely keep, so that you may havehisorherbodybeforeUsatBrisbane[orRockhampton,
TownsvilleorCairns] immediately after the execution
of this writ, to satisfy A.B., £ ($),together with
interest thereon at the rate of% per annum from
theday of(state date of judgment), which said
sum and interest werelately before us in Our Supreme Court
in a certain action wherein A.B. isplaintiff and
C.D. is defendant, by a judgment of Our said Court bearingdate
theday of, adjudged to be
paid by the said C.D. tothe said A.B., together with certain
costs in the said judgment mentioned,and which costs
have been taxed and allowed by the taxing officer of Oursaid
Court at the sum of £ ($), as appears by the certificate of the
said taxingofficer filed theday of[ortogether with £
($) forcosts], and £ ($) for costs of
execution.And in what manner (etc. as in form
221 to the end).Form 230PRAECIPE FOR
WRIT OF CAPIAS AD SATISFACIENDUM(Title and Conclusion as in form 220)Sealawritofcapiasadsatisfaciendum,directedtothesheriffofQueensland (or as the case
may be), to take the body of C.D. to satisfy
thesum of £ ($), [and £ ($) for costs] and
interest thereon at the rate of%per
annum from theday of, and £ ($) for
costs ofexecution.
661Rules of the Supreme CourtSCHEDULE 1 (continued)Form 231WRIT
OF VENDITIONI EXPONAS (O 47, r 13; O 48, r 2)(Commencement and conclusion as in form
219)Whereas by Our writ we lately
commanded you that of the goods andchattels of C.D.
(recite the fieri facias to the end).And on theday ofyou
returned to Us in OurSupreme Court aforesaid, that by
virture of the said writ to you directed youhad taken goods
and chattels of the said C.D. to the value of the money andinterest aforesaid, which said goods and
chattels remained in your handsunsold for want
of buyers.Therefore We, being desirous that the said
A.B. should be satisfied hisor her money and
interest aforesaid, command you that you expose to saleand
sell, or cause to be sold, the goods and chattels of the said C.D.
by youin form aforesaid taken, and every part
thereof, for the best price that can begotten for the
same, and have the money arising from such sale before us inOur
said Court of Justice immediately after the execution hereof, to be
paidto the said A.B.: (etc. as in form
221, to the end).Form 232PRAECIPE FOR
WRIT OF VENDITIONI EXPONAS(Title and
conclusion as in form 220)Seal a writ of
venditioni exponas, directed to the sheriff of Queensland(or as the case may be),
to sell the goods and chattels of C.D. taken under awrit
of fieri facias in this action, datedetc.
662Rules of the Supreme CourtSCHEDULE 1 (continued)Form 233WRIT
OF POSSESSION (LAND)(Commencement and
conclusion as in form 219)Whereas lately
in Our Supreme Court of Queensland, by a judgmentof
the Court, A.B. recovered [orby
an order datedetc.E.F. was ordered
todeliver to M.N., who by the said order
[orby an order datedetc.]
was dulyappointed to be receiver of the property
therein mentioned and described (orasthecasemaybe)]possessionofallthat(describethelandasinthejudgment or
order) with the appurtenances.Therefore We command you that you enter upon
the said land, andthat without delay you cause the said A.B.
[orM.N.] to have possession ofthe
said land and premises with the appurtenances.AndinwhatmanneryoushallhaveexecutedthisOurwritmakeappear to Us in Our said Court immediately
after the execution hereof.And have there
then this writ.Form 234PRAECIPE FOR
WRIT OF POSSESSION(Title and conclusion as in form
220)Seal a writ of possession, directed to
the sheriff of Queensland, (or asthe
case may be), to deliver possession to A.B., of
(describe the land as inthe
judgment).
663Rules of the Supreme CourtSCHEDULE 1 (continued)Form 235WRIT
OF POSSESSION AND FIERI FACIAS(O 48, r 1; O
51, rr 1 and 3)(Commencement and conclusion as in form
219)WhereaslatelyinOurSupremeCourtofQueensland,inacertainaction there
depending, whereinetc.by a judgment
[oran order], datedetc.it
was adjudged [orordered] that A.B. should recover
possession of all that(describe the land
as in judgment or order) with the appurtenances.Therefore We command you that you enter upon
the said land, andthat without delay you cause the said A.B.
[orM.N.] to have possession ofthe
said land and premises with the appurtenances.[And we further
command you that of the lands, tenements (etc. as
inform 221) you cause to
be made the sum of £ ($), and also interest thereonat
the rate of% per annum from theday of(dateofjudgmentororder),whichsaidsumandinterestwerebythesaidjudgment adjudged
[orby the said order ordered] to be paid
by the saidC.D. to A.B., together with certain costs in
the said judgment [ororder]mentioned,andwhichcostshavebeentaxedandallowedbythetaxingofficer of Our
said Court at the sum of £ ($), as appears by the certificate
ofthe said taxing officer, filed theday
of[ortogether
with£ ($) for costs].And that of the
property aforesaid of the said C.D. in Our said Stateyou
further cause to be made (etc. as in form 221 to the end).
664Rules of the Supreme CourtSCHEDULE 1 (continued)Form 236PRAECIPE FOR WRIT OF POSSESSION AND FIERI
FACIAS(Title and conclusion as in form
220)Seal a writ of possession and fieri
facias combined, directed to thesheriff of
Queensland (or as the case may be), to deliver
possession to A.B.of (describe the land as in the judgment
or order); and also to levy againstC.D.,
of, the sum of £ ($) and £ ($) for costs and
interest thereonat the rate of% per annum from
theday of,and £
($) for costs of execution.Form 237WRIT
OF RESTITUTION (O 51, r 4)(Commencement and
conclusion etc. as in form 219)Whereaslately,inOurSupremeCourtofQueensland,(etc.asinform 233).And
whereas onetc.a writ of
possession was issued pursuant to thesaid judgment
[ororder] directing you to cause the said
A.B. [orM.N.] tohave possession
of the said land and premises with the appurtenances, andpossession has been given to him or her
accordingly.And whereas it now appears to Our said Court
that certain personsother than the said A.B. [orM.N.] have wrongfully assumed
possession ofthe said premises, and Our said Court has on
theday ofordered that a
writ of restitution should issue in respect of the land andpremises aforesaid.Therefore We
command you that you enter upon the said land andpremisesandcausethesaidA.B.tohaverestitutionthereof,withtheappurtenances.AndinwhatmanneryoushallhaveexecutedthisOurwritmakeappear to Us in Our said Court immediately
after the execution hereof.And have there
then this writ.
665Rules of the Supreme CourtSCHEDULE 1 (continued)Form 238PRAECIPE FOR WRIT OF RESTITUTION(Title and conclusion as in form
220)Seal a writ of restitution in
furtherance of the writ of possession issuedin this action on
theday of.Form
239WRIT OF DELIVERY AND DISTRINGAS AND FIERI
FACIAS(O 52, r 1)(Commencement and conclusion as in form
219)We command you that without delay you
cause to be returned to A.B.the following
chattels, that is to say, (here enumerate
the chattels recoveredby the judgment or order for the return
of which execution has been orderto issue),
which, lately, in Our Supreme Court of Queensland, in a
certainaction there depending, by a judgment
datedetc.the said A.B.
recoveredagainst C.D. [orC.D.
was ordered to deliver to the said A.B.].Andwefurthercommandyou,that,ifthesaidchattelscannotbefound in Our said State, you distrain
the said C.D. by all his or her landsand chattels in
Our said State, so that neither the said C.D. nor anyone forhim
or her do lay hands on the same until the said C.D. render to the
saidA.B. the said chattels.And We further
command you that of the lands, tenements (etc. as
inform 221), you cause to
be made [the sum of £ ($) (the
damages), and alsointerest thereon
at the rate of% per annum from thedayof, which said sum and interest were by
the said judgmentadjudged to be paid by the said C.D. to A.B.,
together with] certain costs inthe said judgment
[ororder] mentioned, and which costs have
been taxedand allowed by the taxing officer of Our said
Court at the sum of £ ($), asappears by the
certificate of the said taxing officer filed thedayof[ortogether with £ ($) for costs].And
that of the property aforesaid of the said C.D. in Our said
Stateyou further cause to be made (etc.
as in form 221 to the end).
666Rules of the Supreme CourtSCHEDULE 1 (continued)Form 240PRAECIPE FOR WRIT OF DELIVERY AND DISTRINGAS
ANDFIERI FACIAS(Title and conclusion as in form 220)Seal a writ of delivery and distringas
and fieri facias, directedetc.forthe
delivery of the following chattels (describe them as
in the writ) and tolevy [£ ($)
damages and] £ ($) for costs, and interest thereon at the
rateof% per annum from theday
of, and £($) for costs of
execution.Form 241WRIT OF DELIVERY
AND FIERI FACIAS FOR DAMAGES FORNON-DELIVERY (O
48, r 1; O 52, r 2)(Commencement and conclusion as in form
219)We command you that without delay you
cause to be returned to A.B.the following
chattels, that is to say, (here enumerate
the chattels recoveredbythejudgmentororderforthereturnofwhichexecutionhasbeenordered to
issue), which, lately, in Our Supreme Court of
Queensland, in acertainactiontheredepending,byajudgmentdatedetc.thesaidA.B.recovered against C.D. [orC.D.
was ordered to deliver to the said A.B.].AndWefurthercommandyouthat,ifthesaidchattelscannotbefoundinOursaidState,thenofthelandsandtenements(etc.asinform 221), you cause to
be made the sum of £ ($) (the assessed value of thechattels), and also
interest thereon (etc. as in form 239 to the end).
667Rules of the Supreme CourtSCHEDULE 1 (continued)Form 242PRAECIPE FOR WRIT OF DELIVERY AND FIERI
FACIAS FORDAMAGES FOR NON-DELIVERY(Title and conclusion as in form 220)Seal a writ of delivery and fieri
facias directedetc.for the delivery
ofthe following chattels (describethemasinthewrit),andtolevy£($)damages for non-delivery and interest
thereon (etc. as in form 240).Form
243WRIT OF DELIVERY IN AID OF RECEIVER (O 52, r
4)(Commencement and conclusions as in
form 219)WhereaslatelyinOurSupremeCourtofQueensland,inacertainaction there
depending, by an order bearing dateetc.it
was ordered thatpossession of (describe the
property as in the order) should be delivered toM.N.,
who by the said order [orby an order
datedetc.] was duly
appointedto be receiver of the property therein
mentioned and described.ThereforewecommandyouthatwithoutdelayyoucausethesaidM.N. to have
possession of the said chattels and premises.And in what
manner (etc. as in form 221 to the end).Form 244PRAECIPE FOR
WRIT OF DELIVERY IN AID OF RECEIVER(Title and conclusion as in form 220)Seal a writ of delivery
directedetc.for the delivery
of the followingchattels (describe them as
in the writ) to M.N., the receiver appointed in
thiscause.
668Rules of the Supreme CourtSCHEDULE 1 (continued)Form 245WRIT
OF ATTACHMENT(Commencement and conclusion as in form
219)We command you to attach C.D., so as
to have him or her before UsinOurSupremeCourtofQueensland,atBrisbane[orRockhampton,TownsvilleorCairns], there to answer to us, as
well touching a contemptwhich he or she it is alleged hath
committed against Us, as also such othermatters as shall
be then and there laid to his or her charge, and further toperform and abide such order as Our said
Court shall make in this behalf,and hereof fail
not.And you may deliver the said C.D. to the
superintendent of any prisonand such
superintendent shall receive the said C.D. and him or her
safelykeep until such time as the Court or you
shall direct.And in what manner (etc. as in form
221 to the end).Form 246PRAECIPE FOR
WRIT OF ATTACHMENT(Title and Conclusion as in form
220)Seal,inpursuanceoforderoftheCourt[ortheHonourableJustice C.], a
writ of attachment, directed to the sheriff of Queensland (etc.as the case may
be), against C.D. for not (state the act omitted to be done).
669Rules of the Supreme CourtSCHEDULE 1 (continued)Form 247AFFIDAVIT FOR HABEAS CORPUS TO BRING UP A
PERSON INCUSTODY TO ANSWER MOTION FOR
ATTACHMENTIn the Supreme Court of Queensland.19. (Here put the
number)(Title of cause
or matter)I, G.H., ofetc.make
oath and say as follows—1. On theday of, a
notice of motion for a writ ofattachment
against the above-named defendant (or as the case
may be) forhis or her
contempt in not (describe the nature of the contempt)
was dulyserved on the said defendant (or
etc.).The said motion will come on
forhearing onetc.before (state the
Court).2.Thesaiddefendant(orasthecasemaybe)isaprisonerundercommitment for trial [orsentenceorcommitment for contempt (or
as thecase may be)] now confined
in Her Majesty’s prison at B.3.Theplaintiff(orasthecasemaybe)isdesirousthatthesaiddefendant
(or etc.) should be
brought before this Honourable Court in orderthat he or she
may answer the said motion.
670Rules of the Supreme CourtSCHEDULE 1 (continued)Form 248WRIT
OF HABEAS CORPUS TO BRING UP PERSON INCUSTODY TO
ANSWER MOTION FOR ATTACHMENTELIZABETH THE
SECOND ETC.To the superintendent of Our Prison at
B.:Greeting:We command you
that you have before (describe the Court) at,onday theday
of, ato’clockin
thenoon, the body of A.B., being committed and
detained inOur prison under your custody, as it is said,
by whatsover name he or shemaybecalled,thenandtheretoanswertoamotionforhisorherattachment for his or her contempt in not
(state the nature of the contempt),and to be further dealt with according
to lawAnd have you there then this writ.Witnessetc.This
writ was issued by (etc. as in the case of a writ of
summons).(To be
endorsed)By Order of the Court [orof the Honourable Justice C.].Form
249PRAECIPE FOR WRIT OF HABEAS CORPUS(Title of cause or matter)Seal in pursuance of order
datedetc.a writ of habeas
corpus directed toetc.to bring A.B. before the Supreme Court
at Brisbane (or as the case maybe)
onetc.Datedetc.(To
be signed by the party or the party’s solicitor.)
671Rules of the Supreme CourtSCHEDULE 1 (continued)Form 250WRIT
OF SEQUESTRATION (O 47, r 13; O 48, r 4)(Title etc. as in form 219)ELIZABETH THE SECOND ETC.To
(names of not less than 3
commissioners):GREETING:Whereas lately
in Our Supreme Court of Queensland in a certain causethere
depending, wherein A.B. is plaintiff and C.D. is defendant [orin acertain matter
there depending, entitled ‘In the matter of E.F.’ (orasthecase
may be)], by a judgment [oran
order] of Our said Court bearing dateetc.it
was adjudged [orordered] that the said C.D. should pay
into court tothe credit of the said action [ormatter] the sum of £ ($) (or
as the case maybe).Knowye,therefore,thatWe,inconfidenceofyourprudenceandfidelity, have given and by these
presents do give to you, or any 2 [or more]of you, full
power and authority to enter upon all the lands and
tenementswhatsoever of the said C.D., in Our said
State, and to collect, receive, andsequester into
your hands not only all the rents and profits of his or her
saidlands and tenements, but also all his or her
goods, chattels, and personalestate
whatsoever.And therefore We Command you, and any 2 [or
more] of you, thatyou do at certain proper and convenient days
and hours go to and enterupon all the lands and tenements of the
said C.D., and that you do collect,take, and get
into your hands not only the rents and profits of his or her
saidlands and tenements, but also all his or her
goods, chattels and personalestate, and
detain and keep the same under sequestration in your hands
untilthe said C.D. shall pay into court to the
credit of the said action the sum of £($)[orclear his or her
contempt (orasthecasemaybe)] and Our saidCourt shall make
other order to the contrary.Witness (etc.
as in form 219.)
672Rules of the Supreme CourtSCHEDULE 1 (continued)Form 251PRAECIPE FOR WRIT OF SEQUESTRATION(Title and conclusion as in form
220)Sealawritofsequestration,directedto(namecommissioners),toenforce judgment [ororder] adjudging [orordering] the payment of £ ($)into
court by C.D. (or as the case may be).Form
252PRAECIPE FOR RENEWAL OF WRIT OF EXECUTION (O
47, r 21)(Title and conclusion as in form
220)Seal renewal of the writ of fieri
facias (or as the case may be) issuedin
this action, directed to the sheriff (or as the case
may be), and datedetc.Form
253NOTICE OF RENEWAL OF WRIT OF
EXECUTION(O 47, r 21)(Title etc. as in form 220)Take notice, that the writ of fieri
facias (or as the case may be) issuedin
this action, directed to you and datedetc.has
been renewed for 1 yearfrom theday of19.Datedetc.To the sheriff of
Queensland (or as the case may be)(To be signed by the party or the
party’s solicitor.)
673Rules of the Supreme CourtSCHEDULE 1 (continued)Form 254COMMISSION OF PARTITION(Title etc. as in form 219)ELIZABETH THE SECOND ETC.To
(name or names of commissioner or
commissioners):Greeting:Whereas by a
certain judgment [ororder] given [ormade]byOurSupreme Court of Queensland on
theday of, 19,in a certain action there depending,
wherein A.B. is plaintiff and C.D. isdefendant, it
was, amongst other things, adjudged [orordered] that (recitesomuchofthemandatorypartofthejudgmentororderasdirectstheissuing of the commission, the partition, and
the examination of witnesses).Knowye,therefore,thatWe,inconfidenceofyourprudenceandfidelity, have appointed you, and, by
these presents in pursuance of the saidjudgment[ororder]dogiveuntoyou,[orany2ormoreofyou,]fullpower
and authority, and hereby command you, that you [or any 2 or
moreof you, do assemble and meet together at
proper and convenient times andplaces, by you,
or any 2 or more of you, to be for that purpose appointed;and
that you do from thence] go to and survey the lands (describe the landas in the
judgment or order); and that you do thereby, and by such
otherlawful ways and means as you shall think
proper, and according to the bestof your skill,
knowledge, and judgment, make a fair partition, division,
andallotment thereof, and separate and divide
the same into parts of equal valueas nearly as may
be, and allot the same to and amongst (state in
accordancewith the judgment the number of parts into
which the land is to be dividedandthenamesofthepersonstowhomsuchpartsaretobeallotted)according to the true intent and
meaning of the said in part recited judgment[ororder].And, for better
making such partition, division, and allotment, We dohereby authorise and empower you [or any 2 or
more of you], diligently toexamineallsuchwitnessesasyoushallseeoccasion[uponsuchinterrogatories
in writing or otherwise, as you shall deem necessary].And
therefore We command you that on certain days, and at
certain
674Rules of the Supreme CourtSCHEDULE 1 (continued)placestobeappointedbyyouforthatpurpose,youdocausethesaidwitnesses to come
before you, and then and there examine each of them onoath
or affirmation first taken before you [or any 2 or more of you];
andthat you do take their examinations, and
reduce them into writing on paper;and when you
shall have so done, you [or any 2 or more of you], are tomake
a certificate of such partition, division, and allotment, and of
all yourproceedings in the premises, and send them,
together with this writ and thedepositions of
such witnesses (if any) as shall be examined by you touchingthepremises,untoUsinoursaidCourtonorbeforethedayofnext
[or, if no return day is named in the
judgment or order,without delay], under your hand and seal
[orthe hands and seals of any 2 ormore
of you].Witness (etc. as in form
219)Form 255PRAECIPE FOR
COMMISSION OF PARTITION(Title and
Conclusion as in form 220)Seal a
commission of partition directed to (name
commissioners).
675Rules of the Supreme CourtSCHEDULE 1 (continued)PART 8—FORMS
RELATING TO MOTIONS ANDRULESForm 256FORM
OF NOTICE OF MOTION ORIGINATING A CAUSE(O 62, rr
2–4)In the Supreme Court of Queensland.19. (Here put the
number)In the matter of theBarristers Act 1848;andInthematteroftherulesrelatingtotheadmission of
barristers of the SupremeCourt of Queensland; andIn
the matter of the application of A.B.C.TakenoticethatthisHonourableCourtwillbemovedbeforetheHonourabletheChamberJudge[orthattheCourtofAppealwillbemoved] onday theday
ofnext, or as soonthereafter as
counsel can be heard, by counsel on behalf of A.B. of,for an order that (state relief
sought).Dated thisday of,
19.To the secretary of the Barristers’
Board [orTo C.D. (or as the case
maybe).](To
be signed by the moving party or the party’s solicitor).This notice is given by A.B. in person
(or etc. as in endorsement on awrit
of summons).Memorandum to be added at foot.On the hearing of the motion, the
plaintiff (orasthecasemaybe)intends to read
the following affidavits—Affidavit of I.J. filedetc.K.L.
filedetc.[He or she also
intends, by leave of the Court, to adduce oral
evidence]
676Rules of the Supreme CourtSCHEDULE 1 (continued)Form 257NOTICE OF MOTION IN PENDING CAUSE OR
MATTER(O 62, rr 2–4)In the Supreme
Court of Queensland.19. (Here
put the number)(Title of cause
or matter)TakenoticethatthisHonourableCourtwillbemovedbeforetheHonourable the Chamber Judge onday
thedayofnext, or as soon
thereafter as counsel can be heard, by counselon behalf of the
plaintiff [ordefendant C.D. (or as the case
may be)] that(state
the order sought).Dated thisday of,
19.To the defendant [C.D.] (or
as the case may be).(To be signed by
the party or the party’s solicitor.)On
the hearing (etc. as in form 256)
677Rules of the Supreme CourtSCHEDULE 1 (continued)Form 258(O
70, r 2)NOTICE OF APPEAL(Title etc. as in cause or matter)1. The appellant appeals from [specify
whether the whole or a part,and if a part,
which part] of the judgment of [specify court or Judge
below]given on [specify date]GROUNDS2.
[Specify briefly the grounds of appeal]ORDER(S)
SOUGHT3. [Specify the judgment sought in lieu of
that appealed from includingany special order
as to costs]RECORD PREPARATION(Delete
whichever does not apply)4. I/We request that preparation of a
record be started and that therecord contain
all material required to be included in the record under therules
and practice directions and any order or direction in the
proceeding.I/We undertake to pay the cost of the
preparation and of any associatedwork.4.
I/We undertake to cause a record to be prepared and lodged, and
toinclude all material required to be included
in the record under the rules andpractice
directions and any order or direction in the proceedings.Dated19.(To be signed by the appellant or the
appellant’s solicitors)To the defendant (or as the case may
be)and to the Registrar [Court appealed
from]
678Rules of the Supreme CourtSCHEDULE 1 (continued)Form 258ACONSENT ORDER DISMISSING APPEAL(Title of cause or matter)Take notice that the abovenamed
appellant consents to an order of thisHonourable Court
that—(a)this appeal be dismissed by
consent;(b) herespecify1ormoreoftheordersreferredtoinorder70,rule
5(3)(b) as are appropriate.Dated
thisday of, 19.(Signed)Solicitors for
the appellant.The respondent consents to this
order.(Signed)Solicitors for
the respondent.
679Rules of the Supreme CourtSCHEDULE 1 (continued)Form 259GENERAL FORM OF AFFIDAVIT (O 41, r 4; O 41,
r 15)In the Supreme Court of Queensland.If
the affidavit is made in a pending cause or matter, entitle it in
thecause or matter with the numberIfnocauseormatterispending,donotentitleitexcept‘IntheSupremeCourt’,unlessatitleisprescribedbyrulesoftheCourtorbythese forms.I, A.B.,
ofetc.(state residence and description)
[orWe, A.B., ofetc.and
C.D. ofetc.severally] make
oath and say as follows—[And I, the said A.B., for myself
say—]1. I ametc.(State the facts in consecutive
numbered paragraphs)If a document is referred to as an
exhibit, include a clause similar tothe following,
which may form a separate paragraph—2. The paper
writing now produced and shown to me and marked withthe
letter “A” is a letteretc.[orThe said will is now produced and
shown tome and marked “A”][And I, the said
C.D., for myself sayetc.]Sworn by the abovenamed deponentorbyboth[orall]oftheabovenameddeponents
atthisday of,
19.Before me:
680Rules of the Supreme CourtSCHEDULE 1 (continued)Or—[Sworn by the abovenamed deponentA.B.
at, thedayof, and by the abovenameddeponent C.D. at, theday
ofBefore me:]Or—[Inthecaseofanilliterateorblinddeponent,SwornbytheabovenamedA.B.before me at, thedayof; and I certify
that thisaffidavit was first read to the said A.B.
inmypresence,andthatheorsheseemedperfectly to understand the same, and
thatheorshemadehisorhersignature(ormark) thereto in my presence;]M.N.J.P.(If there are more deponents than 1,
and they are sworn at separatetimes, their
names must be written at length in the jurat).
681Rules of the Supreme CourtSCHEDULE 1 (continued)Form 260CERTIFICATE ON EXHIBIT(Title as in affidavit; if in a pending cause
or matter short title only isrequired)This is the paper writing (or
as the case may be) marked “A” referredto in the
affidavit of A.B. sworn herein before me thisday of,19.M.N.(J.P.
before whom affidavit is sworn)
682Rules of the Supreme CourtSCHEDULE 1 (continued)PART
9—PETITIONSForm 266GENERAL FORM OF
PETITION (O 63, rr 1–3)In the Supreme Court of
Queensland.19. (Here put the
number)If the petition is presented in a
cause or matter, here put the title of thecause or
matter.If the petition is an originating petition,
entitle it in the matter to beoriginated.To the Supreme
Court of Queensland.The humble petition of A.B., of, in
the State [orof theplaintiff
(or as the case may be), showeth unto
the Court as follows]—(Here set out the
facts in the same manner as in a statement of claim).The petitioner therefore humbly prays
as follows—(Here set out relief sought).(To be signed by
the petitioner or the petitioner’s solicitor).It
is intended to serve this petition on C.D. (etc. as the case
may be).[OrIt
is not intended to serve this petition on any person].In
the case of an originating petition add—This petition is
presented by A.B. in person (or etc. as in
endorsementon a writ of summons).
683Rules of the Supreme CourtSCHEDULE 1 (continued)Form 267FIAT
TO BE ENDORSED ON ORIGINATING PETITION (O 63, r 6)Let
all parties concerned attend at the Supreme Court House,
Brisbane[orRockhampton,
TownsvilleorCairns] [before the Honourable
JusticeC.] onday theday
of, 19, ato’clock in the forenoon, on the hearing of
the within petition.Registrar.Form 267AAFFIDAVIT VERIFYING PETITION (O 63, r
8)I, A.B., of etc. make oath and say that the
statements in the above [orthe annexed]
petition are to the best of my belief true in substance and
infact.Signed and
swornetc.
684Rules of the Supreme CourtSCHEDULE 1 (continued)PART 10—FORMS
RELATING TO USUALPROCEEDINGS IN CHAMBERSForm 269GENERAL FORM OF SUMMONS IN PENDING CAUSE
ORMATTER (O 65, r 5)(Title of cause or matter)Let
all parties concerned attend at the chambers of the Chamber
Judge[oroftheregistrar]attheSupremeCourtHouse,Brisbane[orRockhampton,
TownsvilleorCairns], onday theday
of, 19, ato’clock in
thenoon, on the hearing of anapplication on the part of the plaintiff
(or as the case may be) that (state theorder
sought).Dated theday of,
19.(Official
seal)Registrar.This summons was
taken out by the plaintiff (or as the case
may be).To the defendant (or as the case
may be).Form 270APPLICATION FOR
ORDER EX PARTE (WHEN REQUIRED BYJUDGE) (O 65, r
4)(Title of cause or matter, as in a
summons)On behalf of the plaintiff [ordefendant orA.B.] I
apply that an ordermay be made that (state the order
sought).Datedetc.(To be signed by the party or the
party’s solicitor).
685Rules of the Supreme CourtSCHEDULE 1 (continued)Form 271PRAECIPE FOR ORDER TO BE DRAWN UP BY
REGISTRARWITHOUT DIRECTION OF JUDGE (O 66, r
9)(Title of cause or matter as in a
summons)Draw up and seal an order that
(state the order sought).Datedetc.(To be signed by the party or the
party’s solicitor.)Taxing officer’s certificate filed
themay be).day
of (or as the caseForm 293AFFIDAVIT IN SUPPORT OF GARNISHEE ORDER (O
49, r 1)(Title of action)I,, ofthe abovenamed
plaintiff (or as thecase may
be) [orsolicitor for
the abovenamed plaintiff (or as the case maybe)],
make oath and say as follows—1.ByajudgmentoftheCourtgiveninthisaction[orcause],
anddatedetc.it
was adjudged [orBy an order made in this action
(or etc.) bytheHonourableJusticeC.,anddatedetc.itwasordered]thatI[ortheabovenamed (plaintiff) A.B.] should
recover against the abovenamed C.D.[orthat the abovenamed C.D should pay me
(orthe abovenamed A.B.)] thesum
of £ ($) and costs to be taxed, and the said costs were by the
taxingofficer’s certificate, filed theday
of, allowed at £ ($).2. The said
judgment [ororder] still remains unsatisfied to
the extentof £ ($), and interest, amounting in all to £
($).3. I am informed and verily believe that
G.H. of (stateaddressanddescription of intended
garnishee), is indebted to the said C.D. [in the
sumof £ ($) or thereabouts.]4. The said G.H.
is within the jurisdiction of this Court.Swornetc.
686Rules of the Supreme CourtSCHEDULE 1 (continued)Form 299NOTICE TO EXECUTION CREDITOR OF CLAIM TO
GOODSTAKEN IN EXECUTION (O 59, r 16)Take
notice that G.H. has claimed the goods [orcertain goods, namely(whereonlycertaingoodsareclaimedhereenumeratethem)],
taken inexecution by me, under the writ of fieri
facias issued in this action.You are hereby
required to admit or dispute the title of the said G.H. tothe
said goods, and give notice thereof in writing to me within 4 days
fromthereceiptofthisnotice,failingwhichIwilltakeoutaninterpleadersummons.If
you admit the title of the said G.H. to the said goods, andgive
notice thereof in manner aforesaid to me, you will only be liable
forany fees and expenses incurred prior to the
receipt of the notice admittingthe claim.Datedetc.P.P., sheriff of Queensland.To
A.B.Form 300NOTICE OF
ADMISSION OR DISPUTE OF TITLE OF CLAIMANT(O 59, r
16)Take notice that I admit [ordispute] the title of G.H. to the
goods [orto certain of the goods, namely
(setthemout)],
seized by you under theexecution issued under the judgment in
this action.To the sheriff of Queensland and the
sheriff’s officers.(To be signed by the execution creditor
orthe execution creditor’s solicitor.)
687Rules of the Supreme CourtSCHEDULE 1 (continued)PART 11—FORMS
RELATING TO SECURITYForm 318GENERAL FORM OF
SECURITY (O 33, rr 1 and 2)In the Supreme
Court of Queensland.19. (Here
put the number)(Title of
cause)We,G.H.ofetc.andI.J.,ofetc.herebysubmitourselvestothejurisdiction of
the Supreme Court of Queensland in this cause, and jointlyand
severally consent that, if (state the
conditions on which the sureties areto become
liable), judgment may be signed against us or our
executors andadministrators, and execution may be issued
against our lands, goods andchattels for a
sum not exceeding £ ($).Signed by the said A.B. and G.H. the
sureties, theof, 19.day(Signatures of
sureties).Before me,(To
be signed before the registrar or a justice of the peace)Form 319AFFIDAVIT OF
JUSTIFICATION (O 33, rr 6 and 7)(Title of action)I,
(state name, address, and description)
one of the proposed suretiesfor (state the party for whom security or bail is
to be given), make oath andsay as
follows—I am well and truly worth more than the sum
of (state in words thesum in which
security is to be given) £ ($), after the payment of all my
justdebts, and all other sums for which I am
liable as surety for other persons.Swornetc.
688Rules of the Supreme CourtSCHEDULE 1 (continued)Form 320SECURITY FOR COSTS (O 33, rr 1 and
14)(Title and conclusion as in form
318)We (etc. as in form
318), and consent that, if the abovenamed
plaintiffshall fail to pay or cause to be paid to the
abovenamed defendant any costswhich the
plaintiff may be ordered or adjudged to pay to the said
defendantin this action, judgment may be signed
(etc. as in form 318) for a sum
notexceeding £ ($).Form 321SECURITY FOR PLAINTIFF’S CLAIM (O 33, r
1)(Title and conclusion as in form
318)We (etc. as in form
318), and consent that, if the plaintiff shall
recoverjudgment in this action against the defendant
C.D., and the said defendantshall fail to pay
or cause to be paid to the plaintiff the sum adjudged to berecoveredfromthedefendant,judgmentmaybesigned(etc.asinform 318).Form
322SECURITY IN ADMIRALTY ACTION (O 33, r 1; O
34)See form 111.
689Rules of the Supreme CourtSCHEDULE 1 (continued)Form 323SECURITY BY RECEIVER OR GUARDIAN OR
COMMITTEE(O 33, r 1; O 58, r 13)(Title and conclusion as in form 318)Whereas,byanordermadeinthiscause[ormatter]bytheHonourable
Justice C., and datedetc.it was ordered
that upon M.N., ofetc.first giving
security he or she should be appointed receiver [and
manager]of (describe the property)
[orshould be appointed guardian of the
estate ofG.H., an infant (orcommittee of the estate of G.H. a mentally
ill person)][orthat a proper
person should be appointed to receive the rents and profitsof
the real estate, and to collect and get in the outstanding personal
estate ofG.H. in the said order named (or
as the case may be)].AndwhereastheHonourableJusticeC.[ortheregistrar]hathapproved of O.P. ofetc.and
Q.R. ofetc.as sureties for
the said M.N., [orhath approved of M.N., ofetc.as a proper
person to be such receiver (andmanager), and
hath approved of O.P. ofetc.and Q.R.
ofetc.as sureties
forthesaidM.N.],andhathalsoapprovedofthisinstrumentasapropersecurity to be
enteredinto by the said M.N., O.P., and Q.R.,
pursuant to thesaid order, and in testimony of such
approbation hath signed an allowancein the margin
hereof.Now we, the said M.N., O.P., and Q.R.,
hereby submit ourselves (etc.as in form
318) and jointly and severally consent that, if
the said M.N. shallmakedefaultindulyaccountingforallandeverythesumandsumsofmoney
which he or she shall receive on account of the said estate
[ortherents and profits
of the real estate, and in respect of the personal estate of
thesaidG.H.(orasthecasemaybe)], at the periods appointed by the
saidorder, or at such other periods as the Court
or a Judge may appoint or induly paying the
balances which shall from time to time be certified to bedue
from him or her, as the Court or a Judge hath directed or shall
hereafterdirect, then judgment may be signed (etc.
as in form 318).(To be written in
the margin)(I have approved of and allowed this
security).P.A.C., J. [or Registrar].
690Rules of the Supreme CourtSCHEDULE 1 (continued)Form 324AFFIDAVIT OF SERVICE OF ORDER AND
REGISTRAR’SALLOCATUR AND DEMAND AND NON-PAYMENT OF
MONEY,TO ENFORCE SECURITY(O 33, r
11)(Title of cause or matter)I, A.B., ofetc.make
oath and say as follows—1. I did, on theday of,
personally serve G.H.ofetc.withthejudgment[ororder]madeinthisaction[orcause]ontheday of, a
copy whereof, and of the memorandum oftaxation thereon,
is now produced and shown to me and marked “A”, bydeliveringatruecopyofthesaidjudgment[ororder]tothesaidG.H.at, and at the same time showing to the
said G.H. a duplicate of thesaid judgment
[ororder].And I did, at
the same time, demand of the saidG.H. the sum of £
($), the amount payable to A.B. under the said judgment[ororder] (or
as the case may be); but the said G.H. did not then pay
thesame or any part thereof to me, nor has he or
she, the said G.H. at any timesince paid the
same, or any part thereof, to the plaintiff (or as the case
maybe), or to anyone on his or her behalf,
as I have been informed by the saidplaintiff
(or as the case may be) and verily
believe.2. The said sum of £ ($) still remains
unpaid.
691Rules of the Supreme CourtSCHEDULE 1 (continued)PART 12—FORMS
RELATING TO ACCOUNTS ANDINQUIRIES AND OTHER
ADMINISTRATIVEBUSINESSForm 328FORM
OF APPOINTMENT TO PROCEED WITH ACCOUNTS ORINQUIRIES (O 67,
r 20; O 73, r 8; O 74, r 4)(Short title of cause or matter)I have appointedday theday
of, at myofficeintheSupremeCourtHouse,Brisbane[orRockhampton,TownsvilleorCairns] (or as the case
may be) to proceed with the accountsand
inquiries directed by the judgment [ororder] in this action [ormatter]dated theday
of.Datedetc.To the plaintiff and defendant (or
as the case may be).Registrar.
692Rules of the Supreme CourtSCHEDULE 1 (continued)Form 329FORM
OF ADVERTISEMENT FOR CLAIMANTS NOT BEINGCREDITORS (O 67,
rr 29–32)Pursuanttoajudgment[ororder]oftheSupremeCourtofQueensland, made in an action by A.B.
against C.D., (or as the case maybe)
the persons claiming to be next of kin to G.H., late of, in
theState, who died in or about the month
of, 19, are to come
inon or before theday of,
and prove their claims at theregistryofthesaidCourtatBrisbane[orRockhampton,TownsvilleorCairns]; or in default thereof they will be
peremptorily excluded from thebenefit of the
said judgment [ororder].Theday
of, ato’clock in
thenoon, at the said registry, is appointed for
hearingand adjudicating upon the claims.Datedetc.Registrar.
693Rules of the Supreme CourtSCHEDULE 1 (continued)Form 330FORM
OF ADVERTISEMENT FOR CREDITORS(O 67, rr
29–32)Pursuanttoajudgment[ororder]oftheSupremeCourtofQueensland, made in [the matter of the
estate of G.H., and in] an action byA.B. against
C.D., the creditors of G.H., late of, in the
State,who died in or about the month of,
19, are on or beforetheday
of, to send by post, prepaid, to X.Y.,
of,the solicitor of the defendant C.D.,
the executor [oradministrator] of thedeceased (orasmaybedirected),theirchristiannamesandsurnames,addresses and
descriptions, the full particulars of their claims, a statement
oftheir accounts, and the nature of the
securities (if any) held by them; or indefault thereof
they will be peremptorily excluded from the benefit of thesaid
judgment [ororder].Every creditor
holding any security is to produce the same before theregistrarattheregistryofthesaidCourtatBrisbane[orRockhampton,TownsvilleorCairns], on theday of,
ato’clockin thenoon, being the time appointed for
adjudication on the claims.Datedetc.Registrar.
694Rules of the Supreme CourtSCHEDULE 1 (continued)Form 331NOTICE TO CREDITOR TO PRODUCE
DOCUMENTS(O 67, r 34)A.B.v.C.D.You are hereby
required to produce in support of the claim sent in byyou
against the estate of G.H., deceased (describe the
document required tobe produced), before the
registrar of the Supreme Court, at the registry ofthe
said Court at Brisbane (or etc.), on theday
of,ato’clock in
thenoon.Datedetc.To P.Q.(To be signed by the party or the
party’s solicitor.)
695Rules of the Supreme CourtSCHEDULE 1 (continued)Form 332AFFIDAVIT OF EXECUTOR OR ADMINISTRATOR AS
TOCLAIMS OF CREDITORS(Title of action)We,
C.D., ofetc. the abovenamed defendant (or
as the case may be),the executor [oradministrator] of G.H., late of, in
the State ofQueensland, deceased, and X.Y., ofetc. solicitor for the said defendant
(oretc.) severally
make oath and say as follows—And first I, the
said X.Y., for myself, say as follows—1. I have in the
paper writing now produced and shown to me, andmarked “A”, set
forth a list of all the claims the particulars of which havebeen
sent in to me by persons claiming to be creditors of the said
G.H.,deceased,pursuanttotheadvertisementissuedinthatbehalfdatedtheday
of.And I, the said C.D., for myself, say
as follows—2. I have examined the particulars of the
several claims mentioned inthe paper writing
now produced, and shown to me, and marked “A”, and Ihave
compared the same with the books, accounts, and documents of
thesaid G.H. (or as the case
may be: state any other inquiries or investigationsmade), in order to ascertain, so far as I
am able, to which of such claims theestate of the
said G.H. is justly liable.3. From such
examination (addanyotherreason) I am of
opinion,and verily believe, that the estate of the
said G.H. is justly liable to theamountssetforthinthesixthcolumnofthefirstpartofthesaidpaperwriting,marked“A”,andtothebestofmyknowledgeandbeliefsuchseveral amounts are justly due from the
estate of the said G.H., and properto be allowed to
the respective claimants named in the said paper writing.4. I
am of opinion that the estate of the said G.H. is not justly liable
totheclaimssetforthinthesecondpartofthesaidpaperwriting,marked “A”, and that the same ought not be
allowed without proof by therespective
claimants [orI am not able to state whether the
estate of the saidG.H. is justly liable to the claims set forth
in the second part of the saidpaper writing,
marked “A”, or whether such claims, or any parts
thereof,
696Rules of the Supreme CourtSCHEDULE 1 (continued)are proper to be
allowed without further evidence].5. Except as
hereinbefore mentioned, there are not, to the best of myknowledge, information, and belief any other
claims against the estate of thesaid G.H.Form
333EXHIBIT REFERRED TO IN FORM NO. 332 (O 67, r
36)A.(Short
title)List of claims, the particulars of
which have been sent in to X.Y., thesolicitor of the
defendant (or as the case may be), by persons
claiming to becreditors of G.H., deceased, pursuant to the
advertisement issued in thatbehalf, dated
theday of.This
is the paper writing, marked “A”, referred to in the affidavit
ofC.D. and X.Y. sworn before me thisday
of.A justice of the peace.FIRST PART—CLAIMS PROPER TO BE ALLOWED
WITHOUTFURTHER EVIDENCESerial No.Names ofclaimantsAddressesParticularsandof
claimdescrip-tionsAmountclaimedAmountproperto
beallowed
697Rules of the Supreme CourtSCHEDULE 1 (continued)SECOND
PART—CLAIMS WHICH OUGHT TO BE PROVED BYTHE
CLAIMANTSSerial No.Names ofclaimantsAddressesParticularsandof
claimdescriptionsAmountclaimedForm 334NOTICE TO CREDITOR TO PROVE THE CREDITOR’S
CLAIM(O 67, r 33)A.B.v.C.D.You are hereby
required to prove the claim sent in by you against theestateofG.H.,deceased.Youaretofilesuchaffidavitasyoumaybeadvised in support of your claim, and give
notice thereof to me on or beforetheday
ofnext, and to attend by your solicitor at
theregistry of the Supreme Court, in Brisbane
(or etc.) on thedayof, ato’clock in thenoon, being the
timeappointed for adjudicating on the
claim.Datedetc.X.Y., solicitor for the plaintiff
(or as the case may be).To
P.Q.
698Rules of the Supreme CourtSCHEDULE 1 (continued)Form 335NOTICE TO CREDITOR OF ALLOWANCE OF CLAIM (O
67, r 40)A.B.v.C.D.The claim sent
in by you against the estate of G.H., deceased, has beenallowed at the sum of £ ($), with interest
thereon at% per annum,from theday
of, 19, and £ ($) for
costs.[If part only allowed, add:If
you claim to have a larger sum allowed,you are hereby
required to prove such further claim, and you are to file
suchaffidavit as you may be advised in support of
your claim, and give noticethereof to me on
or before theday ofnext, and to
attend atthe chambers of the Honourable the Chamber
Judge, at the Supreme CourtHouse, Brisbane
(or etc.), on
theday of, ato’clockin thenoon, being the time appointed for
adjudicating on the claim.]Datedetc.X.Y., solicitor
for the plaintiff (or as the case may be).To
P.Q.
699Rules of the Supreme CourtSCHEDULE 1 (continued)Form 336NOTICE HOW TO OBTAIN PAYMENT (O 67, r
44)A.B.v.C.D.TheamountspayabletothecreditorsofG.H.,deceased,underanorder
in this action dated theday of, may be
obtained atthe office of the Treasury in Brisbane, upon
production of this notice, whichmay be presented*
at that office, or may be sent to the Treasurer by post,with
a request for remittance endorsed thereon as follows—I
request the Treasurer to send me by post a direction for payment
of£($)duetome,ashereinnotified,tobepayabletomyaccountatthebank at.(Tobesignedbythepartyhavingthecarriageofthejudgmentortheparty’s solicitor)*Note—If presented by the payee in person,
the payee must be identified.
700Rules of the Supreme CourtSCHEDULE 1 (continued)Form 337AFFIDAVIT VERIFYING ACCOUNTS AND ANSWERING
USUALINQUIRIES AS TO REAL AND PERSONAL ESTATE (O
67, r 27)(Title of action)We,C.D.,ofetc.andE.F.ofetc.theabovenameddefendants,severally make
oath and say as follows—1. We have according to the best of
our knowledge, information, andbelief, set forth
in schedule 1 a full account and inventory of the personalestate of or to which G.H., the testator
named in the judgment [ororder]datedetc.
made in this action, who died onetc.
was possessed or entitled atthe time of his
or her death [and not by him or her specifically
bequeathed].2. Save what is set forth in schedule 1 [and
what is by the said testatorspecificallybequeathed],thesaidtestatorwasnottothebestofourknowledge, information, or belief, at
the time of his or her death possessedof or entitled to
any debt or sum of money due to him or her from us or anyof us
on any account whatsoever, nor to any leasehold or other
personalestate whatsoever.3.Thesaidtestator’sfuneralexpenseshavebeenpaid.Thesameconsists of the
items of disbursement numberedandin
theaccount hereinafter referred to (if
not paid, it should be so stated, with theamount due and to
whom due).4. We have in the account marked “A”,
now produced and shown tous, according to the best of our
knowledge, information, and belief, set fortha full account of
the personal estate of the said testator, not by the
testatorspecifically bequeathed, which has come to
our hands or to the hands of anyof us, or to the
hands of any person or persons by our order, or by the orderof
any of us, or for our use or the use of any of us, with the times
when, thenames of the persons from whom, and on what
account, the same has beenreceived,andalsoalikeaccountofthedisbursements,allowances,andpayments, made by us or any of us on account
of the said testator’s funeralexpenses,debts,andpersonalestate,togetherwiththetimeswhen,thenames of the persons to whom, and the
purpose for which, the same weredisbursed,
allowed, or paid.
701Rules of the Supreme CourtSCHEDULE 1 (continued)5. And we, each
speaking positively for himself or herself, and to thebest
of his or her knowledge and belief as to other persons, further say
that,except as appears in the said account marked
“A”, we have not, nor has anyof us, nor have
nor has any other person or persons by our order or theorderofanyofus,orforouruseortheuseofanyofus,possessed,received, or got
in, any part of the said testator’s personal estate, nor anymoney
in respect thereof, and that the said account marked “A” does
notcontain any item of disbursement, allowance,
or payment, other than suchas has actually
been disbursed, allowed or paid, on the account aforesaid.6.
To the best of our knowledge, information, and belief, the
personalestate of the said testator now outstanding
or undisposed of consists of theparticulars set
forth in schedule 2.7. Save what is set forth in schedule
2, there is not to our knowledge,information, or
belief, any part of the said testator’s personal estate nowoutstanding or undisposed of.8.
We have, according to the best of our knowledge, information,
andbelief, set forth in schedule 3 the
particulars of all the real estate which thesaid G.H. was
seized of or entitled to at the date of his or her death.9.
Save what is set forth in schedule 3 the said testator was not to
thebest of our knowledge, information, or
belief, at the time of his or her deathseized of or
entitled to any real estate whatsoever.10. We have,
according to the best of our knowledge, information, andbelief,setforthinschedule4theparticularsofalltheincumbrancesaffectingthesaidtestator’srealestate,andwhatpartthereofsuchincumbrances respectively affect.11.
We have in the account marked “B”, now produced and shown tous,
according to the best of our knowledge, information, and belief,
set fortha full account of all the rents and profits
of the said testator’s real estatewhich has come to
our hands or to the hands of any of us, or to the handsof
any person or persons by our order, or the order of any of us, or
for ouruse, or the use of any of us, and the times
when, the names of the personsfrom whom, on
what account, in respect of what part of such estate thesame
have been received, and the times when the same became due,
andalso a like account of the disbursements,
allowances, and payments, madeby us, or any or
either of us, in respect of the said testator’s real estate,
or
702Rules of the Supreme CourtSCHEDULE 1 (continued)the rents and
profits thereof, and the times when, the names of the
personsto whom, and the purposes for which, the same
were made.12. And we, each speaking positivelyfor
himself or herself, and tothe best of his or her knowledge and
belief as to other persons further saythat, except as
appears in the said account marked “B”, we have not, norhas
any of us, nor has any other person by our order, or the order of
any ofus, or for our use, or the use of any of us,
possessed, received or got in anyrents or profits
of the said testator’s real estate, nor any money in respectthereof, and that the said account marked “B”
does not contain any item ofdisbursement,
payment, or allowance, other than such as has actually beendisbursed, paid, or allowed, as above
stated.SCHEDULE 11. £50 ($100)
cash in the house.2. £100 ($200) cash at the testator’s
bankers, the Q.N. Bank, Limitedetc.SCHEDULE 2(Particulars to be set forth in the same
manner as above)SCHEDULE 3(To
contain short particulars of the real estate)SCHEDULE 4(To
contain short particulars of the incumbrances, and showing what
partof the above real estate is subject to
each)
703Rules of the Supreme CourtSCHEDULE 1 (continued)Form 338ACCOUNT OF PERSONAL ESTATE, BEING ACCOUNT
A,REFERRED TO IN FORM 337 (O 67, r 20)AIn the Supreme Court of
Queensland.19. (Here put the
number).(Title of
action)This is the account, marked “A”,
referred to in the affidavit of C.D.and E.F., sworn
thisday of.Before me,,.A justice of the
peace.RECEIPTSNo. ofitemDatewhenreceivedNames ofpersonsfromwhomreceivedOn whataccountreceivedAmountreceivedProceeds ofassetsrealised orcollectedIncome
704Rules of the Supreme CourtSCHEDULE 1 (continued)No. ofitemDISBURSEMENTSNames ofwhDenatpeaidpewrshoonms
toor allowedpaid orallowedOn whataccountpaid orallowedAmountpaidorallowedFromcapitalFromincome
705Rules of the Supreme CourtSCHEDULE 1 (continued)Form 339ACCOUNT OF RENTS AND PROFITS, BEING ACCOUNT
B,REFERRED TO IN FORM 337 (O 67, r 20)BIn the Supreme Court of
Queensland.19. (Here put the
number)(Title of
action)This is the account marked “B”,
referred to in the affidavit of C.D. andE.F., sworn
thisday of.Before me,.A justice of the peace.RECEIPTSNo. of
itemDate whenreceivedNames ofpersonsfrom
whomreceivedOn whataccount andin respect
ofwhat part ofthe
estatereceived, andwhen dueAmountreceived
706Rules of the Supreme CourtSCHEDULE 1 (continued)No. of
itemDISBURSEMENTSDate whenpaid
orallowedNames ofpersons towhom paidor
allowedFor whatpurpose
paidor allowedAmountpaid
orallowed
707Rules of the Supreme CourtSCHEDULE 1 (continued)Form 340CERTIFICATE OF REGISTRAR (O 67, rr 50 and
52)(Title of cause or matter)InpursuanceofthedirectionsgiventomebytheHonourableJustice C., I
hereby certify that the result of the accounts and inquiries
whichhave been taken and made in pursuance of the
judgment [ororder] in thisaction [orcauseormatter], dated theday of, is
asfollows—1. The
defendants, the executors of G.H., the testator, have
receivedpersonal estate of the amount of £ ($),
and they have paid, or areentitled to be allowed on account
thereof, sums to the amount of £ ($),leaving a balance due from [orto] them of £ ($)on that
account.Theparticularsoftheabovereceiptsandpaymentsappearintheaccount,marked“A”,verifiedbytheaffidavitofC.D.andE.F.,filedtheday of, and which
account is to be filed with thiscertificate,
except that in addition to the sums appearing on such account
tohavebeenreceived,thesaiddefendantsarechargedwiththefollowingsums(statethesamehereorinaschedule)andexceptthatIhavedisallowedtheitemsofdisbursementinthesaidaccountnumberedand.[Or, in cases
where a transcript has been made of account as alteredand
passed,The defendants have brought in an account,
verified by the affidavit ofC.D. and E.F.,
filed theday of, and which
account ismarked “A”, and is to be filed with this
certificate.The account has beenaltered, and the
account marked “AA”, and which is also to be filed withthis
certificate, is a transcript of the account as altered and
passed.]The evidenceetc.2. The debts of the testator which
have been allowed are set forth inschedule1,andwiththeinterestthereonandcostsmentionedinthescheduleareduetothepersonsthereinnamed,andamounttogetherto£ ($).The
evidenceetc.
708Rules of the Supreme CourtSCHEDULE 1 (continued)3. The funeral
expenses of the testator amount to the sum of £ ($),which
I have allowed the said executors in the said account of
personalestate.4. The legacies
[and annuities] given by the testator are set forth inschedules 2 and 3, and with the interest
therein mentioned remain due to thepersons therein
named, and they amount altogether to £ ($).5. Particulars
of the outstanding personal estate of the testator are setforth
in schedule 4.6. Particulars of the real estate to which
the testator was entitled are setforth in schedule
5.7. The defendants have received rents and
profits of the testator’s realestateetc. (as in paragraph
1).8.Theincumbrancesaffectingthesaidtestator’srealestatearespecified in schedule 6.9. The real
estate of the testator directed to be sold has been sold,
andthe purchase moneys amounting together to £
($), have been paid into court(or as
the case may be).Note—The above numbers are to
correspond with the numbers in thejudgment or
order.After each paragraph the evidence produced
is to bestated thus—The
evidence produced on this account [orinquiry]consistsoftheprobateofthetestator’swill,theaffidavitofC.D.andE.F.,filedtheday of, and paragraph
5 of the affidavit of K.L., filedtheday
of(or as the case may be).
709Rules of the Supreme CourtSCHEDULE 1 (continued)Form 341LIST
OF DEBTS ALLOWED (REFERRED TO IN FORM340)(O
67, rr 43, 50 and 52)A.B.v.C.D.SCHEDULE
1LIST OF DEBTSNo. of
entryNames ofof claimcreditorsAddressesAmountsallowed
forprincipal,interest
andcostsTotalamounts due
710Rules of the Supreme CourtSCHEDULE 1 (continued)Form 342LIST
OF LEGACIES REMAINING UNPAID (REFERRED TO INFORM 340) (O 67,
rr 50 and 52)A.B.v.C.D.SCHEDULE
2LIST OF LEGACIESName oflegateesDescriptionsAmounts
ofprincipal andinterestTotal amountsdueTotal
711Rules of the Supreme CourtSCHEDULE 1 (continued)Form 343LIST
OF ANNUITIES AND ARREARS DUE (REFERRED TO INFORM 340) (O 67,
rr 50 and 52)A.B.v.C.D.SCHEDULE
3LIST OF ANNUITIESName ofannuitantsDescription
ofannuitants andnature ofannuitiesAmounts
ofannuitiesAmounts
ofarrears dueTotals
712Rules of the Supreme CourtSCHEDULE 1 (continued)Form 344STATEMENT OF APPORTIONMENT AMONG CREDITORS
ORLEGATEES (WHEN ESTATE INSUFFICIENT) (O 67, rr
50 and 52)A.B.v.C.D.Apportionment
among creditors [orlegatees].Name ofcreditors (orAddresseslegatees)Amountsbeforecertified
tobe due andsubsequentinterestTotals dueAmountsapportionedTotal
713Rules of the Supreme CourtSCHEDULE 1 (continued)
714Rules of the Supreme CourtSCHEDULE 1 (continued)
715Rules of the Supreme CourtSCHEDULE 1 (continued)Form 346AFFIDAVIT VERIFYING RECEIVER’S OR
GUARDIAN’SACCOUNT (O 58, r 17; O 76, r 5; O 80)In
the Supreme Court of Queensland.19.
(Here put the number)(Title of cause or matter)I, M.N. of etc. the receiver (or
etc.) appointed in this cause (or
etc.),make oath and say as follows—1.
The account produced and shown to me at the time of swearing
thismy affidavit, and marked with the letter “A”,
purporting to be my accountof the rents and
profits of the real estate and of the outstanding personalestate of G.H., the testator [orintestate] in this cause (or
etc.) from theday ofto
theday of, both
inclusive, containsa true account of all and every sum and sums
of money received by me orby any other person or persons by my
order, or to my knowledge, or belief,for my use or on
my account, in respect of the said rents and profits accrueddue
on or before the saidday of, or on account
or inrespect of the said personal estate [except
what is included as received in myformer account
[oraccounts] verified by me].2.
The several sums of money mentioned in the said account as
havingbeen paid and allowed have been actually and
truly so paid and allowed forthe several
purposes in the said account mentioned.3.Thesaidaccountisjustandtrueinallandeverytheitemsandparticulars therein contained, according to
the best of my knowledge andbelief.4.
O.P. and Q.R., the sureties named in my security, filed theof, are both alive, and neither of them
has become bankrupt.
716Rules of the Supreme CourtSCHEDULE 1 (continued)Form 347ORDINARY CONDITIONS OF SALE (O 68, r
2)A.B.v.C.D.CONDITIONS OF
SALE1. No person is to advance less than £ ($)
at each bidding.2. The sale is subject to a reserved bidding
for each lot, which has beenfixed by the
Judge.3. Each purchaser is at the time of sale to
subscribe the purchaser’sname and address to his or her bidding,
and the abstract of title and allwritten notices
and communications and summonses are to be deemed dulydelivered to and served upon the purchaser by
being left for the purchaser atsuch address,
unless or until the purchaser is represented by a solicitor.[4.
Each purchaser is at the time of sale to pay a deposit of%
onthe amount of his or her purchase money
to, the personappointed by the
said Judge to receive the same.]5.Theregistrarwillafterthesaleproceedtocertifytheresult,andtheday ofato’clock inthenoon, is appointed as the time at which the
purchasers may, iftheythinkfit,attendbytheirsolicitorsattheregistrytosettlesuchcertificate.The certificate
will then be settled, and will in due course besigned and filed,
and become binding without further notice or expense tothe
purchasers.6. Each purchaser shall, within 14 days from
the day of sale, deliver atthe office of
X.Y., solicitor, at, a statement in writing of his orherobjectionsandrequisitions(ifany)tooronthetitleandupontheexpiration of such lastmentioned time, which
time is to be deemed of theessenceofthecontract,thetitleistobeconsideredasapprovedofandaccepted by such purchaser, subject
only to such objections and requisitions(if any).[7.Eachpurchaseris,inadditiontotheamountofthepurchaser’sbidding at the
sale, to pay the value of all timber, and crops (if any) on
thelot purchased by the purchaser, down to 1s.
(10c.) per stick, inclusive, theamountthereoftobeascertainedbyavaluationtobemadeinmanner
717Rules of the Supreme CourtSCHEDULE 1 (continued)following:thatistosay,eachparty,vendorandpurchaser,ortheirrespective
solicitors, is withindays after the registrar’s
certificatehasbecomebindingtoappointbywriting1valuer,andgivenoticeinwriting to the other party of such
appointment, and the valuers so appointedare to make such
valuation, but before they commence their duty they are toappointanumpirebywriting,andthedecisionofsuchvaluers,iftheyagree, or of such
umpire if they disagree, is to be final; and in case thepurchaserneglectsorrefusestoappointavaluer,ortogivenoticeofappointment of a valuer thereof in the
manner and within the time abovespecified, the
valuation is to be made by the valuer appointed by the
vendoralone, and his or her valuation is to be
final.]8. Each purchaser is, under a direction by
the registrar for that purposetobeobtainedbythepurchaser,orincaseofhisorherneglectbythevendor at the cost of the purchaser, to
pay the amount of his or her purchasemoney [after
deducting the amount paid as a deposit], [together with theamount of the valuation under condition 7 (if
any)] into court to the credit ofthis action
[ormatter], on or before theday
of, and if thesameisnotsopaid,thenthepurchaseristopayinterestonhisorherpurchasemoney,[includingtheamountofsuchvaluation],attherateof%
per annum from theday ofto the day
onwhich the same is actually paid.Upon
payment of the purchase money inmanner aforesaid
the purchaser is to be entitled to possession, or to the
rentsand profits, as from theday of,
down to which timeall outgoings are to be paid by the
vendor.9. If any error or misstatement shall appear
to have been made in theabove particulars, such error or
misstatement is not to annul the sale, orentitlethepurchasertobedischargedfromhisorherpurchase,butcompensation is to be made to or by the
purchaser, as the case may be, andthe amount of
such compensation is to be settled by the Judge at chambers.10.
If the purchaser shall not pay his or her purchase money at
thetime above specified, or at any other time
which may be named in any orderfor that purpose,
and in all other respects perform these conditions, an ordermay
be made by the Judge upon application at chambers for the resale
ofthe lot purchased by such purchaser, and for
payment by the purchaser ofthe deficiency
(if any) in the price which may be obtained upon such
resale,and of all costs and expenses occasioned by
such default.
718Rules of the Supreme CourtSCHEDULE 1 (continued)Form 348CERTIFICATE OF RESULT OF SALE (O 68, r
10)To the Supreme Court of Queensland.A.B.v.C.D.I, M.N.,
of, auctioneer, the person appointed to sell
theestate comprised in the particulars
hereinafter referred to, hereby certify asfollows—1. I
did at the time and place, in the lots, and subject to the
conditions,specifiedintheparticularsandconditionsofsaleheretoannexedandmarked “A”, put up for sale by auction the
estates described in the saidparticulars.The result of
the sale is truly set forth in the schedule.2.Ihavereceivedthesumssetforthinthefourthcolumnoftheschedule as
deposits from the respective purchasers whose names are setforth
in the second column of the schedule opposite the said sums in
respectof their purchase money, leaving the sums set
forth in the fifth column ofthe schedule due
in respect thereof.THE SCHEDULENo. of
lotName ofpurchaserAmount ofpurchasemoneyAmount ofdepositreceivedAmountremainingdueDatedetc.M.N.,To the best of
my belief the above certificate is correct.Auctioneer.X.Y.Solicitor for the party having the conduct of
the abovementioned sale.
719Rules of the Supreme CourtSCHEDULE 1 (continued)Form 349AFFIDAVIT VERIFYING ABSTRACT(Title of cause or matter)I,X.Y.,ofetc. solicitor for
the plaintiff (oretc.)inthisaction[ormatter] make oath
and say as follows—I have carefully examined and compared the
abstract written onsheets of paper, now produced and shown to me
at the time of swearingthis affidavit, and marked with the
letter “A”, with the several deeds anddocuments thereby
purported to be abstracted.Such abstract is
a true andcorrect abstract of the said deeds and
documents, so far as such deeds anddocumentsrelatetothelandsreferredtointheorderoftheHonourable Justice C. made in this
action [ormatter] dated thedayof.Form 350AFFIDAVIT VERIFYING ENGROSSMENTS OF
DEEDS(Title of cause or matter)I, A.B. ofetc.
make oath and say as follows—1.Ihavecarefullyexaminedandcomparedthepaperwritingnowproducedandshowntomeatthetimeofswearingthisaffidavit,andmarked with the letter “A”, with the draft of
paper writing now producedand shown to me at the time of swearing
this affidavit, and marked with theletter “B”, being
the draft of the conveyance [orsettlement (or as the
casemay be)] settled at
the chambers of the Judge, pursuant to the order of theHonourable Justice C., made in this action
[ormatter], datedetc.2.Thesaidpaperwritingisatrueandcorrecttranscriptandengrossment of the said draft.
720Rules of the Supreme CourtSCHEDULE 1 (continued)Form 351REQUEST TO SET DOWN CAUSE FOR FURTHERCONSIDERATION (O 39, r 29; O 67, r
58)In the Supreme Court of Queensland.19. (Here put the
number)(Title of cause
or matter)I request that this cause [ormatter], the further consideration
whereofwas adjourned by order of theday
of, may be setdownforfurtherconsiderationbeforetheHonourableJusticeC.ontheday
of.Datedetc.(To be signed by
the party having the conductof the
proceedings or the party’s solicitor).Form
352NOTICE THAT CAUSE HAS BEEN SET DOWN FOR
FURTHERCONSIDERATION (O 39, r 29; O 67, r
58)In the Supreme Court of Queensland.19. (Here put the
number)(Title of cause
or matter)Takenoticethatthiscause[ormatter],thefurtherconsiderationwhereof was
adjourned by the order of theday of,was on theday ofset
down for further considerationbefore the
Honourable Justice C. for theday of.X.Y., solicitor for the plaintiff
(or etc.)To
Y.X., solicitor for the defendant (or etc.)
721Rules of the Supreme CourtSCHEDULE 1 (continued)Form 353CONSENT TO ACT AS TRUSTEE OR GUARDIAN(O
75, r 4)I, C.D., ofetc.
hereby consent to act as a trustee of the (describe
theinstrument) [oras guardian of A. an infant].(Signed)C.D.I, X.Y.
of, solicitor, hereby certify that the
above-writtensignatureisthesignatureofC.D.,thepersonmentionedintheabove-written
consent.X.Y., solicitor for the said
C.D.
722Rules of the Supreme CourtSCHEDULE 1 (continued)PART 13—SPECIAL
FORMS FOR USE IN CERTAINACTIONSSECTION
1—PROBATE ACTIONSForm 354AFFIDAVIT OF
SCRIPTS (O 23, r 3)(Title of action)I,
A.B., ofetc. the abovenamed plaintiff [ordefendant], make oath andsay
as follows—Nopaperwritingbeingorpurportingtobe,orhavingtheformoreffect of, a will or codicil or other
testamentary disposition of G.H., lateof,
deceased, the testator in this action, or being or
purportingtobeinstructionsfororthedraftofanywill,codicil,ortestamentarydisposition, of
the said G.H., has at any time either before or since his orherdeathcometomyhands,possessionorknowledgeortothehands,possession, or knowledge of my solicitor in
this action, so far as is knownto me, save and
except the true and original last will and testament of thesaid
G.H., now remaining in the registry of this Court [orhereunto annexed(or as
the case may be)], which said will bears date thedayof;alsosaveandexcept(hereenumeratethedatesandparticulars of any other testamentary papers
of which the deponent has anyknowledge).
723Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION
2—ADMIRALTY ACTIONSForm 355PRAECIPE FOR
CAVEAT AGAINST PAYMENTIn the Supreme Court of
Queensland.19. (Here put the
number)(Title of
action)Enter a caveat on behalf of the
plaintiff [ordefendant] in this action [orof G.H.] against the payment of any
money [if the objector of the paymentto be
prohibited is limited, addfor costs,or as the case
may be] out of theproceeds of the
sale of (state whether ship or cargo, and name of
ship etc.)now remaining in court, without notice
being first given to me.(Ifthepersonenteringthecaveatisnotapartytotheactionthepersonmustalsostatehisorheraddress,andanaddressforservicewithin 10 km of
the registry.)(To be signed by
the person lodging the caveat or the person’s solicitor).Form 356PRAECIPE TO
WITHDRAW CAVEAT (O 34, r 20)(Title etc. as in form 355)I, A.B., [solicitor for] the plaintiff
[ordefendant] hereby withdraw thecaveat against (state tenor of
caveat), entered by me onetc.
[on behalf of(state name)].Datedetc.(Tobesignedbythepersonbywhomthepraecipe for the entry of the caveat
wassigned or by the person’s solicitor).
724Rules of the Supreme CourtSCHEDULE 1 (continued)Form 357WRIT
OF POSSESSION(Title etc. as in form 355)ELIZABETH THE SECOND ETC.To
the marshal of Our Supreme Court of Queensland:Greeting:Whereas in this action Our said Court has
ordered possession of theship ‘Mary’ (or as the case
may be) to be delivered up to A.B. or to his
orher lawful attorney for his or her
use.We,therefore,herebycommandyoutoreleasethesaidship,theship’s tackle, apparel, and furniture,
(or as the case may be) from the
arrestmadebyvirtueofOurwarrantinthatbehalf,andtodeliverpossessionthereof to the
said A.B. or to his or her lawful attorney for his or her
use.Witnessetc.This writ was issued by (etc.
as in writs of execution, form 219).Form
358PRAECIPE FOR WRIT OF POSSESSION(Title etc. as in form 355)Sealawritofpossession,directedtothemarshal,todeliverpossession of the
ship ‘Mary’ (or as the case may be) to A.B.Datedetc.Order datedetc.(To be signed by
the party or the party’s solicitor.)
725Rules of the Supreme CourtSCHEDULE 1 (continued)Form 359COMMISSION OF APPRAISEMENT (O 68, r
15)(Title and address as in form
357).Whereas in this action Our said Court
has ordered the ship ‘Mary’ (oras
the case may be) (state whether ship or cargo, and state
name of shipand, if part only of cargo, state what
part) to be appraised.We,therefore,herebyauthoriseandcommandyoutoreduceintowriting an inventory of the said ship
[orcargo (orasthecasemaybe)],and,
having chosen 1 or more experienced person or persons, to swear
him,her or them to appraise the same according to
the true value thereof, and,uponacertificateofsuchvaluehavingbeenreducedintowriting,andsigned by you and by the appraiser or
appraisers, to file the same in theregistry of Our
said Court, together with this commission.Witnessetc.This commission
was taken out by (etc. as in form 357).Form
360PRAECIPE FOR COMMISSION OF
APPRAISEMENT(Title and conclusion as in form
358.)Sealacommissionofappraisement,directedtothemarshal,toappraise the value of the ship ‘Mary’
(or as the case may be).
726Rules of the Supreme CourtSCHEDULE 1 (continued)Form 361COMMISSION OF SALE (O 68, r 15)(Title and address as in form
357)Whereas in this action Our said Court
has ordered the ship ‘Mary’ (oras
the case may be) (state whether ship or cargo, and state
name of ship,and if part only of cargo, what part) to
be sold.We,therefore,herebyauthoriseandcommandyoutoreduceintowriting an inventory of the said ship
[orcargo (or as the case
may be)], andto cause the said
ship [orcargoor etc.]
to be sold by public auction for thehighest price
that can be obtained for the same.AndWefurthercommandyou,assoonasthesalehasbeencompleted, to pay
the proceeds arising therefrom into Our said Court, andto
file an account of the sale signed by you, together with this
commission.Witnessetc.This
commission of sale was taken out by (etc. as in form
357).Form 362PRAECIPE FOR
COMMISSION OF SALE(Title and conclusion as in form
358)Seal a commission of sale, directed to
the marshal, to sell the ship‘Mary’ (or
as the case may be).
727Rules of the Supreme CourtSCHEDULE 1 (continued)Form 363COMMISSION OF APPRAISEMENT AND SALE (O 68, r
15)(Title and address as in form
357)Whereas in this action Our said Court
has ordered the ship ‘Mary’ (oras
the case may be) (state whether ship or cargo, and state
name of ship,and if part only of cargo, what part) to
be appraised and sold.We,therefore,herebyauthoriseandcommandyoutoreduceintowriting an inventory of the said ship
[orcargo (orasthecasemaybe)],and,
having chosen 1 or more experienced person or persons, to swear
him,her or them to appraise the same according to
the true value thereof, andupon a
certificate of such value having been reduced into writing, to
causethe said ship [or cargo(or as the case may be)]
to be sold by public auctionforthehighestprice,notundertheappraisedvaluethereof,thatcanbeobtained for the
same.AndWefurthercommandyou,assoonasthesalehasbeencompleted, to pay
the proceeds arising therefrom into Our said Court, andto
file the certificate of appraisement, signed by you and by the
appraiser orappraisers,andanaccountofthesalesignedbyyou,togetherwiththiscommission.Witnessetc.This commission
of appraisement and sale was taken out by (etc. as
inform 357).Form
364PRAECIPE FOR COMMISSION OF APPRAISEMENT AND
SALE(Title and conclusion as in form
358)Seal a commission of appraisement and
sale, directed to the marshal,to appraise and
sell the ship ‘Mary’ (or as the case may be).
728Rules of the Supreme CourtSCHEDULE 1 (continued)Form 365COMMISSION OF REMOVAL (O 68, r 15)(Title and address as in form
357)Whereas in this action Our said Court
has ordered that the ship ‘Mary’shall be removed
fromto, on a policy of insurancein
the sum of £ ($) being deposited in the registry or Our said Court
(or asthe case may
be).Andwhereasapolicyofinsuranceforthesaidsumhasbeensodeposited (or as the case
may be, state performance of the conditions).We,therefore,herebycommandyoutocausethesaidshiptoberemoved
accordingly.AndWefurthercommandyou,assoonastheremovalhasbeencompleted, to
file a certificate thereof, signed by you, in the said
registrytogether with this commission.Witness.This commission
of removal was taken out by (etc. as in form
357).Form 366PRAECIPE FOR
COMMISSION OF REMOVAL(Title and
conclusion as in form 358)Seal a
commission of removal, directed to the marshal to remove theship
‘Mary’ fromto.Additional
memorandum to be inserted above signature.Policy deposited (or as the case
may be) on theday of.
729Rules of the Supreme CourtSCHEDULE 1 (continued)Form 367COMMISSION FOR DISCHARGE OF CARGO(Title and address as in form
357)Whereas in this action Our said Court
has ordered that the cargo of theship ‘Mary’ shall
be discharged.We, therefore, hereby command you to
discharge the said cargo fromon board the said
ship, and to put the same into some fit and proper place ofdeposit.And we further
command you, as soon as the discharge of the saidcargo
has been completed, to file your certificate thereof in the
registry ofOur said Court, together with this
commission.Witnessetc.This commission was taken out by
(etc. as in form 357.)Form
368PRAECIPE FOR COMMISSION TO DISCHARGE
CARGO(Title and conclusion as in form
358)Seal a commission of discharge
directed to the marshal, to dischargethe cargo of the
ship ‘Mary’.
730Rules of the Supreme CourtSCHEDULE 1 (continued)Form 369MINUTES IN AN ADMIRALITY ACTION19.(Title of action)Jan.
3Writ of summons [and warrant] issued on
behalf of A.B. etc. theowners of the ship ‘Jane’, against the
ship ‘Mary’ [and freight,oras the case may
be] in an action for damages by
collision.Amountclaimed £10 000
($20 000).” 5Notice of appearance on behalf of C.D.
etc. the owners of the ship‘Mary’.”
6Marshal filed warrant.” 7Release of ship ‘Mary’ issued to Y.Z.Here
insert address for service ofHere insert
address for service ofdocuments required to be serveddocuments required to be servedon
the plaintiffs.on the defendants.NOTE—The
above minutes are typical extracts of minutes as mightberequiredinanactioninremfordamagebycollision.Additionalminutes would be
required.
731Rules of the Supreme CourtSCHEDULE 1 (continued)PART 14—FORMS
RELATING TO PROBATEBUSINESS IN COMMON FORM, ANDAPPLICATIONS FOR ORDERS TO ADMINISTERETC.
UNDER THE PUBLIC TRUSTEE ACT 1978Form 370REQUEST FOR PROBATE [OR LETTERS OF
ADMINISTRATION]WITH THE WILLIn the Supreme
Court of Queensland.In the will [and codicil] of A.B.,
late of,in the State of Queensland, [farmer],
deceased.To the registrar of the Supreme Court of
Queensland at.I,C.D.(address,occupation)[andD.B.(address,occupation)]hereby request that probate of the will [and
codicil] [letters of administrationwith the will
(and codicil) annexed] (as the case may be) of the
abovenameddeceased dated [respectively theday
of, 19] begrantedtomeasthe[executor][administrator]thereof(withsuchlimitations as may be applicable).Dated theday of,
19.(To be signed by
the applicant.)
732Rules of the Supreme CourtSCHEDULE 1 (continued)Form 371REQUEST FOR ADMINISTRATION OF LANDS OR
GOODS, ORLANDS AND GOODS, OF AN INTESTATEIn
the Supreme Court of Queensland.In the [lands
and] goods of A.B., late ofin the State,
[farmer] deceased, intestate.,To
the registrar of the Supreme Court of Queensland, at.I,C.B.,(address,occupation)[andD.B.(address,occupation)]herebyrequestthatlettersofadministrationofthelands[orgoods][orlands and goods] (as the case may
be) of the abovenamed deceased
intestatebe granted to me as the administrator
thereof.Dated theday of,
19.(To be signed by
the applicant.)
733Rules of the Supreme CourtSCHEDULE 1 (continued)Form 372ADVERTISEMENT FOR PROBATE—SHORT FORMA.B.,
late of(street), (town), [farmer]
deceased.After 14 clear days from today, C.D., of
(street), (town), [farmer],
thesole executor appointed by the deceased’s
will dated (1 January 1943) (orasthecasemaybe)willapplytotheSupremeCourt,Brisbane,[Rockhampton, TownsvilleorCairns,as the case may
be] for probate ofthis will.Any
person interested who desires to object to the application
orto be heard upon it, may file a caveat in the
registry at any time before thegrant is made,
and all notices may be served at the undermentioned address.All
creditors in the estate of the deceased are hereby required to send
inparticulars of their claim to the undersigned
within 6 weeks from the datehereof [at the
expiration of which time the said executor will proceed todistribute the assets of the testator among
the persons entitled thereto havingregard only to
the claims of which the said executor shall then have hadnotice:Omitted if
statutory notice to creditors advertised separately].C.D.[orX.Y. solicitor, Queen Street,
Brisbane].
734Rules of the Supreme CourtSCHEDULE 1 (continued)Form 373ADVERTISEMENT FOR PROBATE—ALTERNATE SHORT
FORM(To be used when 2 or more
advertisements are insertedcontemporaneously in the same
publication)After14cleardaysfromtodayapplicationswillbemadetotheSupremeCourt,Brisbane,[orRockhampton,TownsvilleorCairns,]forgrants of probate of the following
wills.Any person interested who desiresto
object to any application or to be heard upon it may file a caveat
in theregistry at any time before the relevant
grant is made and all notices may beservedattheundermentionedaddress.Allpersonsorcreditorshavingclaims against the estates of any of the
undermentioned testators are herebyrequiredtosendparticularsthereoftotherespectiveexecutorsattheaddresses of the
respective solicitors within 6 weeks from the date hereof[at
the expiration of which time the said respective executors will
proceed todistribute the assets of their respective
testators among the persons entitledtheretohavingregardonlytotheclaimsofwhichthesaidrespectiveexecutors shall
then have had notice; omitted if statutory notice to
creditorsadvertised separately].Deceased—A.B.,
late of (street), (town), (occupation).Applicant—C.D.,of(street),(town),(occupation),thesoleexecutorappointed by the will dated (or
as the case may be).Solicitors—X.Y. of (address).
735Rules of the Supreme CourtSCHEDULE 1 (continued)Form 374ADVERTISEMENT FOR ADMINISTRATION WITH
THEWILL—SHORT FORMA.B., late
of(street), (town), [farmer],
deceased.After 14 clear days from today, E.F.,
of(street), (town), [farmer],
theattorney of C.D., the executor named in the
deceased’s will dated (1 January1943orasthecasemaybe)[ortheresiduarylegateenamedinthedeceased’s will
dated], will apply to the Supreme CourtBrisbane, [Rockhampton, TownsvilleorCairnsas the case may
be] for agrant of
administration of the personal estate of the abovenamed
deceasedwith his or her will [and codicil].Any
person interested who desires toobject to the
application, or to be heard upon it, may file a caveat in
theregistry at any time before the grant is
made, and all notices may be servedat the
undermentioned address.E.F.[orX.Y., solicitors, Queen Street,
Brisbane].
736Rules of the Supreme CourtSCHEDULE 1 (continued)Form 375ADVERTISEMENT FOR ADMINISTRATION WITH
THEWILL—ALTERNATE SHORT FORM(To be used where 2 or more
advertisements are insertedcontemporaneously in the same
publication).APPLICATIONS FOR ADMINISTRATION WITH
WILLSAfter14cleardaysfromtoday,applicationswillbemadetotheSupreme Court, Brisbane
[RockhamptonorTownsvilleorCairnsasthecase may be] for
administration of the personal estates with the respectivewills
of the following deceased persons.Any person
interested who desiresto object to any application or to be
heard upon it may file a caveat in theregistry at any
time before the relevant grant is made, and all notices may
beserved at the undermentioned address.Deceased—A.B., late of (street),
(town),
[farmer].Applicant—E.F.,of(street),(town),[farmer],theattorneyofC.D.theexecutor named in the deceased’s will
(or as the case may be) [dated1
May 1943,or as the case may be].Solicitors—X.Y., Queen Street,
Brisbane.Deceased—G.H., late of (street),
(town),
[farmer].Applicant—K.L., of (street),
(town), [farmer], as
residuary legatee (orasthe case may
be) named in the will [dated 1 May
1943,or as the casemay be]
I.J., executor named in the said will, being dead (orasthecase
may be).Solicitors—M.N., Adelaide Street,
Brisbane.
737Rules of the Supreme CourtSCHEDULE 1 (continued)Form 376ADVERTISEMENT FOR ADMINISTRATION IN CASE
OFINTESTACY—SHORT FORMA.B., late of
(street), (town), [farmer],
deceased.After 14 clear days from today, C.D., of
(street), (town), [farmer],
thelawfully constituted attorney of E.F.,
of(grazier) brother
orsisterofthesaiddeceased(orasthecasemaybe)willapplytotheSupreme Court Brisbane, [orRockhamptonorTownsvilleorCairns] for agrant of
administration of the [real and] personal estate of the
abovenameddeceased who died intestate.Any
person interested who desires to object tothe application,
or to be heard upon it, may file a caveat in the registry at
anytimebeforethegrantismade,andallnoticesmaybeservedattheundermentioned address.C.D.[orX.Y., solicitors, Queen Street,
Brisbane.].
738Rules of the Supreme CourtSCHEDULE 1 (continued)Form 377ADVERTISEMENT FOR ADMINISTRATION IN CASE
OFINTESTACY—ALTERNATE SHORT FORM(To be used only in cases where 2 or
more notices are insertedcontemporaneously in the same
publication)APPLICATIONS FOR
ADMINISTRATION—INTESTATE ESTATESAfter14cleardaysfromtoday,applicationswillbemadetotheSupreme Court, Brisbane, [orRockhamptonorTownsvilleorCairns] forgrantsofadministrationinthefollowingintestateestates.Anypersoninterested who
desires to object to any application or to be heard upon itmay
file a caveat in the registry at any time before the relevant grant
ismade, and all notices may be served at the
undermentioned address.Deceased—A.B., late of (street), (town),
[farmer].Applicant—C.D., of (street),
(town), [farmer]
lawfully constituted attorneyofE.F.,of(street),(town),[grazier],brotherorsisterofthesaiddeceased, who
died intestate.Solicitors—X.Y., Queen Street,
Brisbane.Deceased—G.H., late of (street),
(town),
[farmer].Applicant—I.J.,of(street),(town),widoworwidowerofthedeceased,who died
intestate.Solicitors—M.N., Adelaide Street,
Brisbane.
739Rules of the Supreme CourtSCHEDULE 1 (continued)Form 378ADVERTISEMENT FOR SEALING PROBATE OR LETTERS
OFADMINISTRATION UNDER BRITISH PROBATES ACT
1896(O 71, rr 3 and 66)In the Supreme
Court of Queensland.Inthewill[andcodicil][orgoods]ofA.B.lateof, in the State of[merchant],deceased
[intestate].Notice is hereby given, that, after the
expiration of 14 days from thepublication
hereof, application will be made to this Honourable Court
forthe sealing of the probate of the will
[orletters of administration (with
thewill) of the personal estate] of the
abovenamed deceased, granted by theSupremeCourtofJudicatureinEngland(orasthecasemaybe),aton
theday of.
740Rules of the Supreme CourtSCHEDULE 1 (continued)Form 379AFFIDAVIT OF EXECUTOR (O 71, rr 2 and
11)In the Supreme Court of Queensland.In
the will (and codicil) of A.B., late ofetc.
deceased.I, C.D., ofetc.
make oath and say as follows—1. I believe
that the paper writing [orpaper writings]
now producedand shown to me and marked [respectively]
with the letter [orletters] “A”[“B” and “C”] is
and contains [orare and contain] the true and original
lastwill [with 2 codicils] of the abovenamed
deceased.2. I am the sole executor [or1 of the executors] therein named
[orexecutoraccordingtothetenorthereof(orexecutorduringlife)(orexecutrix during widowhood or
widowerhood) therein named (orasthecase may
be)].3. The testator died aton
theday of19,as appears by the certificate of death
now produced and shown to me andmarkedwiththeletter(“D”)leaving[realand]personalestateinQueensland.4. The marriage
between the testator and this deponent C.D. has notbeen
dissolved or annulled.(this paragraph to be included where
an executor (or executrix) was thespouse of the
testator)
741Rules of the Supreme CourtSCHEDULE 1 (continued)Form 380AFFIDAVIT OF ADMINISTRATOR WITH THE
WILL(O 71, rr 2, 11 and 12)In the Supreme
Court of Queensland.In the will (and codicil) of A.B.,
late ofetc. deceased.I, E.F.,
ofetc. make oath and say as follows—1. I
believe that the paper writing [orpaper writings] now producedand
shown to me and marked [respectively] with the letter [orletters] “A”[“B” and “C”] is
and contains [orare and contain] the true and original
lastwill [with 2 codicils] of the abovenamed
deceased.2. C.D., the executor named in the said will
[and codicils], is absentfrom Queensland, and has duly appointed
me to be his or her attorney toapply for
administration of the personal estate of the abovenamed
deceasedwith the said will [and codicils] [oris dead without having taken
probatethereof, and I am the residuary legatee named
therein (or as the case maybe)].3. The testator died aton
theday of19,as appears by the certificate of death
now produced and shown to me andmarkedwiththeletter(“D”)leavingpersonalestateandeffectsinQueensland.
742Rules of the Supreme CourtSCHEDULE 1 (continued)Form 381AFFIDAVIT OF ATTESTING WITNESS IN PROOF OF
THE DUEEXECUTION OF A WILL OR CODICIL (O71,
rr2 and 14)In the Supreme
Court of Queensland.In the will of A.B., late ofetc. deceased.I, G.H.,
ofetc. make oath and say as follows—1. I
am 1 of the subscribing witnesses to the last will [orcodicil] of theabovenamed
deceased, bearing date theday ofwhichsaid
will [orcodicil] is now produced and shown to
me and marked withthe letter “A”.2. The said
testator executed the said will [orcodicil] on the day of thedate
thereof [oronetc.]
by signing his or her name at the foot or end thereof[orin the
testimonium clause thereof (orin
the attestation clause thereto)meaning and
intending the same for his or her final signature to his or
herwill (orcodicil)], as the same now appears thereon,
in the presence of meand of J.K., the other subscribing
witness thereto, both of us being presentat the same time,
and we thereupon attested and subscribed the said will [orcodicil] in the presence of the said
testator and of each other.
743Rules of the Supreme CourtSCHEDULE 1 (continued)Form 382AFFIDAVIT OF HANDWRITING OR TESTATOR OF
ATTESTINGWITNESS (O 71, rr 2 and 15)In
the Supreme Court of Queensland.In the will of
A.B., late ofetc. deceased.I, M.N.,
ofetc. make oath and say as follows—1. I
knew and was well acquainted with the abovenamed deceased [orG.H.], who died on or about theday
of, atformany
years before and down to the time of his or her death, and
duringsuch period I frequently saw him or her write
and also subscribe his or hernametowritings[orhadfrequentcommunicationwithhimorherbyletter], whereby I have become well
acquainted with his or her manner andcharacter of
handwriting and subscription.2.Ihavecarefullyperusedandinspectedthepaperwritingnowproduced and shown to me and marked
with the letter “A”, purporting tobe and contain
the last will of the said deceased [orto
bear the signature ofthesaidG.H.],beginningthus—andendingthus—and
being subscribed thus ‘A.B.’ [or‘G.H.’] (include in these
recitals thedate of the will, and, if the affidavit
relates to the signature of a witness, theattestation
clause and names of witnesses), and I say
that I verily believethatthenameA.B.subscribedtheretoasaforesaid[orthenameG.H.subscribed
thereto as aforesaid as a witness attesting the execution
thereof]is of the true and proper handwriting and
subscription of the said deceased[orG.H.].
744Rules of the Supreme CourtSCHEDULE 1 (continued)Form 383AFFIDAVIT OF PLIGHT AND CONDITION AND
FINDING(O 71, rr 2 and 16)In the Supreme
Court of Queensland.In the will of A.B., late ofetc. deceased.I, C.D.,
ofetc. make oath and say as follows—1. I
am the sole executor (or as the case may be)
named in the paperwriting now produced and shown to me and
marked with the letter “A”,purporting to be
and contain the last will of the abovenamed deceased, whodied
aton or about theday of,
and which saidwill bears date theday of,
and begins thus—and ends thus—and is
subscribed thus ‘A.B.’2,3,4.(Recitethefindingofthewill,andthevariousobliterations,interlineations,
erasures, and alterations (if any) and the general plight
andcondition of the will, or any other matters
requiring to be accounted for,and clearly trace
the will from the possession of the deceased in his or herlifetime up to the time of making the
affidavit).5. The said will is now in all
respects in the same state, plight, andcondition as when
it was so found as aforesaid (or as the case
may be).
745Rules of the Supreme CourtSCHEDULE 1 (continued)Form 384AFFIDAVIT TO BE USED WHEN THE WILL IS NOT
DATED ANDNO ONE CAN DEPOSE TO THE ACTUAL DATE OF
EXECUTIONIn the Supreme Court of Queensland.In
the will of A.B., late ofetc.
deceased.I, C.D., ofetc.
make oath and say as follows—1. I am the sole
executor (or as the case may be) named in the
paperwriting now produced and shown to me and
marked with the letter “A”,purporting to be
and contain the last will of the abovenamed deceased, whodied
aton theday of,
and whichsaid will begins thus—and ends
thus—‘In witnesswhereof I have hereunto set my hand
thisday ofinthe
year of Our Lord 19(or as the case may be)’
and is subscribedthus ‘A.B.’.2. Referring
particularly to the fact that the blank spaces originally
leftin the said will for the insertion of the day
and month of the date thereofhave never been
supplied [orthat the said will is without date
(orasthecase
may be)] I say that I have made inquiry of X.Y.,
the solicitor of thesaid deceased, and that I have also
made diligent and careful search in allplaces where the
said deceased usually kept his or her papers of importanceand
in his or her place of safe custody, in order to ascertain whether
thedeceased had or had not left any other will,
but that I have been unable todiscover any
other will.3. I verily believe that the said deceased
died without having left anywill, codicil, or
testamentary paper whatsoever, other than the said will byme
hereinbefore deposed to.
746Rules of the Supreme CourtSCHEDULE 1 (continued)Form 385AFFIDAVIT OF ADMINISTRATOR IN CASE OF
INTESTACY(O 71, rr 2, 27 and 28)In the Supreme
Court of Queensland.Inthe[landsand]goodsofA.B.,lateofetc.deceased, intestate.I, C.D.,
ofetc. make oath and say as follows—1.
The abovenamed deceased died at, on thedayof, 19,
intestate, as appears by the certificate of death nowproduced and shown to me and marked with the
letter “A”, leaving [realand] personal estate in
Queensland.2. The said deceased died a bachelor without
issue, parent, brother orsister, uncle or aunt, nephew or niece
(or as the case may be).3. I
am the lawful cousin-german and one of the next of kin of the
saiddeceased (or as the case
may be), and entitled by law, as I believe, to a
grantof administration of the [real and] personal
estate of the said deceased at thetime of his or
her death.
747Rules of the Supreme CourtSCHEDULE 1 (continued)Form 386AFFIDAVIT OF PUBLICATION AND SERVICE(O71, rr2–4)In
the Supreme Court of Queensland.In the will [and
codicil] of A.B. late ofetc.
deceased[orin the (lands
and) goods of A.B., late ofetc.deceased].I, G.H.,
ofetc. make oath and say as follows—1.
The notice, a true copy whereof is now produced and shown to
meandmarked“A”waspublishedanddulyappearedintheQueenslandGovernment
Gazette published atin the State on thedayof, 19,
and in the Queensland Law Reporter publishedon,
the, day of19,
and also in theCourier Mail published on theday
of19, both ofwhich are
newspapers published atin the State [orin
the D.B.,published aton theday
of, 19, whichis a
local newspaper circulating in the neighbourhood of the place where
theabovenamed deceased resided].2. I
did on theday of, 19,
serve a copy of theNoticenowproducedandshowntomeandmarkedwiththeletter“A”upon
the Public Trustee by delivering the same to and leaving the same
witha clerk in the Public Trustee’s
office].Swornbytheabovenameddeponent,atin the State thisdayof19, before
me:A justice of the peace.
748Rules of the Supreme CourtSCHEDULE 1 (continued)Form 386AAFFIDAVIT OF SEARCHIn the Supreme
Court of Queensland.In the will (and codicil) of A.B.,
late ofetc. deceased(or in the
(lands and) goods of A.B., late ofetc.deceased).I, G.H.,
ofetc. make oath and say as follows—1. I
have this day searched in the proper office of this
HonourableCourt at, and find that
no caveat has been entered in the estateof the abovenamed
deceased, that no order to administer the said estate hasbeen
granted to the Public Trustee, and further that no election has
been filedby the said the Public Trustee or any trustee
company in this estate.Swornbytheabovenameddeponent,atin the State thisdayof, 19, before
me:A justice of the peace.
749Rules of the Supreme CourtSCHEDULE 1 (continued)Form 387AFFIDAVIT OF EXECUTOR OR ADMINSTRATOR
ONAPPLICATION FOR SEALING GRANT UNDER
BRITISHPROBATES ACT 1898 (O 71, rr 2 and 67)In
the Supreme Court of Queensland.In the will (and
codicil) (orgoods) of A.B., lateof, in the State of,
(merchant)deceased (intestate).I. C.D.,
ofetc., make oath and
say as follows—1. A grant of probate of the will (orof letters of administration
(withthe Will) of the personal estate) of the
abovenamed deceased, who diedaton
theday of, 19,
was made to me (orto E.F., ofetc.)
by the Supreme Court ofJudicature in England(or as the case may be),
at, on theday of,19.2.
The said deceased was at the time of his or her death
domiciledat(within the jurisdiction of the said
Court).3. The said deceased left (real and)
personal estate in Queensland.(4. I am the
person lawfully authorised by the said E.F. by letter (orcertificate) under his or her hand
dated theday of, 19,and am duly authorised to apply to this
Honourable Court for the sealing ofthe said
grant.The original letter or certificate is now
produced and shownto me and marked with the letter “A”).5. A
list of creditors of the deceased in Queensland is now
producedand shown to me and marked with the letter
“B” (list must show full nameand address of
each creditor and amount of the debt).
750Rules of the Supreme CourtSCHEDULE 1 (continued)Form 393ELECTION BY MINORS OF A GUARDIAN (O 71, r
36)In the Supreme Court of Queensland.Inthewill[orInthe(landsand)goods]ofA.B., late ofetc.
deceased [intestate].Whereas the abovenamed deceased, died
at, on or abouttheday
of, having first duly made his or her
lastwill, whereby he or she appointed C.D.,
ofetc. executor thereof, and thesaid
C.D. died without obtaining probate thereof (or as the case
may be),and the said deceased was a widower or
widow and left (orWhereas thesaid deceased,
died atetc. on or about theday of,intestate, and a widower or widow,
leaving E.F., G.H., and J.K., his or hernatural and
lawful children and only next of kin, the said E.F. being a
minorof the age of 17 years, the said G.H. being
also a minor of the age of 15years, and the
said J.K. being an infant of the age of 6 years (or
as the casemay be).Now,
we, the said E.F. and G.H., do hereby make choice of and
electM.N., of[merchant], our
lawful maternal uncle, and 1 of ournext of kin, to
be our guardian, for the purpose of his or her applying to
theSupreme Court for administration of the [real
and] personal estate of thesaid deceased
[with the will], to be granted to him or her for our use andbenefit, and until one of us attains the age
of 18 years [orfor the purpose ofrenouncing, for
us and on our behalf, all our right, title, and interest to
andin administration of the said estate (or
as the case may be): [add, in
caseswhere a solicitor appears for the
minors.And we hereby appoint X.Y., ofour
solicitor, to file thisour election for us in the registry of
the said Court].In witness whereof we have hereunto set our
hands thisof, 19.daySigned by the said E.F. and G.H., in
the presence of (1 witness).
751Rules of the Supreme CourtSCHEDULE 1 (continued)Form 394RENUNCIATION OF PROBATE OR ADMINISTRATION
WITHTHE WILL (O 71, rr 33 and 39)In
the Supreme Court of Queensland.In the will of
A.B., late ofetc. deceased.Whereas the
abovenamed deceased died at, on or
abouttheday of, having duly
made and executed his orher last will bearing date theday
of, 19. [and2
codicils thereto, bearing date, respectively, theday
of,and the day of], and thereby
appointed me, C.D., ofetc.executorthereof [or residuary legatee (or
as the case may be)].Now, I, the said C.D., do hereby
declare that I have not intermeddledwiththepersonalestateofthesaiddeceased,andwillnothereafterintermeddletherewithwithintenttodefraudcreditors;andIdoherebyexpressly renounce all my right and title to
the probate and execution of thesaid will [and
codicils] [orto administration with the said will
[and codicils]of the personal estate of the said deceased]
[Add, incases where a
solicitorappears for the person renouncing.And I hereby appoint X.Y., ofmy
solicitor, to file thisrenunciation for me in the registry of
the Supreme Court].In witness whereof I have hereto set my hand
thisof19.daySigned by the said C.D. in the
presence of (1 witness).
752Rules of the Supreme CourtSCHEDULE 1 (continued)Form 395RENUNCIATION OF ADMINISTRATION IN CASE
OFINTESTACY (O 71, rr 33 and 39)In
the Supreme Court of Queensland.Inthe[landsand]goodsofA.B.,lateofetc.deceased, intestate.Whereas the
abovenamed deceased died at, on or
abouttheday of, intestate, a
widower or widow, andwhereas I, C.D., ofetc. am
his or her natural lawful child, and his or heronly next of kin,
(or as the case may be).Now
I, the said C.D., do hereby declare that I have not
intermeddledwiththe[realor]personalestateofthesaiddeceased,anddoherebyexpressly
renounce all my right and title to administration of the [real
and]personalestateofthesaiddeceased[Add,incaseswhereasolicitorappears for the
person renouncing.And I hereby appoint X.Y., of, my
solicitor, to file thisrenunciation for me in the registry of
the Supreme Court].In witness whereof, I have hereto set my
hand thisof, 19.daySigned by the said C.D. in the
presence of (1 witness).
753Rules of the Supreme CourtSCHEDULE 1 (continued)Form 396AFFIDAVIT OF DUE EXECUTION OF
RENUNCIATIONIn the Supreme Court of Queensland.In
the will of A.B., late ofetc. deceased
[orInthe(landsand)goodsofA.B.,lateofetc.deceased, intestate].I, M.N.,
ofetc. make oath and say as follows—1.IamthesubscribingwitnesstotheexecutionbyC.D.oftheinstrumentofrenunciationnowproducedandshowntomeandmarkedwith
the letter “A”.2. The said C.D. duly signed the said
instrument on thedayof, in my
presence, and the name M.N. thereto subscribed asthe
witness to the execution thereof is in my proper
handwriting.
754Rules of the Supreme CourtSCHEDULE 1 (continued)Form 397SUMMONS TO PARTIES INTERESTED (O 71, rr 42
and 46)In the Supreme Court of Queensland.In
the will of A.B., late ofetc. [orInthe(landsand)goodsofA.B.,lateofetc.deceased, intestate].Let E.F.,
ofetc. [and G.H. ofetc.]
withindays after the serviceof this summons
on him or her [oron them respectively], inclusive of
theday of such service, cause an appearance to
be entered for him, her [orthem] in the
Supreme Court, at Brisbane [orRockhampton, TownsvilleorCairns], to this summons, which is issued
upon the application of C.D., ofetc.
for a grant to him or her of administration of the [lands and]
goods ofthe abovenamed deceased.Registrar.Datedetc.To E.F. [and
G.H.]Thissummonswastakenoutby[X.Y.ofetc.solicitorfor]theabovenamed C.D. (as in writ of
summons).The respondent [orrespondents]mayappearheretobyenteringanappearance[orappearances]eitherpersonallyorbyasolicitor,attheSupremeCourtOffice,atBrisbane[orRockhampton,TownsvilleorCairns].Note—If the
respondent [orrespondents] does not [ordo not] enter anappearance
[orappearances] within the time and at
the place mentioned, theCourt may proceed to grant
administration upon the application of the saidC.D. in his, her
[ortheir] absence.
755Rules of the Supreme CourtSCHEDULE 1 (continued)Form 398NOTICE OF APPOINTMENT TO PROCEED ON
SUMMONS(O 71, r 45)In the Supreme
Court of Queensland.To E.F. and G.H.In the will of
A.B., late ofetc. [orInthe(landsand)goodsofA.B.,lateofetc.deceased, intestate].Take notice,
that you are required to attend at the office of the
registraroftheSupremeCourt,atBrisbane[orRockhampton,TownsvilleorCairns], onetc.
ato’clock, upon the hearing of the application
ofC.D.foragrantofadministrationofthe[landsand]goodsoftheabovenameddeceasedandtoshowcausewhysuchgrantshouldnotbemade to him or her as the brother or
sister and 1 of the next of kin of thesaid deceased
(or as the case may be).If
you do not attend in person or by solicitor at the time and
placeabovementioned, the grant may be made in your
absence.Datedetc.C.D. [orX.Y., solicitor for the said
C.D.]
756Rules of the Supreme CourtSCHEDULE 1 (continued)Form 399CAVEAT (O 71, r 51)In the Supreme
Court of Queensland.In the estate of A.B., late ofetc. deceased.Let nothing be
done towards the grant of administration of the estate ofthe
abovenamed deceased without notice to Q.R., ofwho
claimsto be interested in the said estate.Datedetc.Q.R. [orX.Y., solicitor for the said Q.R.]Note—The address for service of the said
Q.R. [orX.Y.] is 6 QueenStreet, Brisbane
(or as the case may be).Form
400CAVEAT BY CREDITOR OR BENEFICIARY OR NEXT OF
KINREQUIRING SECURITY UNDER THE BRITISH PROBATES
ACT1898 (O 71, r 69)In the Supreme
Court of Queensland.In the estate of A.B., late ofetc. deceased.Let nothing be
done towards the sealing of a probate of the will [orofagrantofadministrationofthegoods]oftheabovenameddeceased,without notice to Q.R., of,
who claims to be a creditor [orto
beinterested in the estate] of the said
deceased.Datedetc.Q.R. [orX.Y., solicitor for the said Q.R.]Note—The address for service of the said
Q.R. [orX.Y.] is 6 QueenStreet, Brisbane
(or as the case may be).(Forms 398 and 399 may be
combined)
757Rules of the Supreme CourtSCHEDULE 1 (continued)Form 401NOTICE TO CAVEATOR (O 71, r 54, 70)In
the Supreme Court of Queensland.In the will of
A.B., late ofetc. deceased [orInthe(landsand)goodsofA.B.,lateofetc.deceased, intestate].To Q.R.,
ofetc. [orTo
X.Y., solicitor for Q.R., ofetc.]Take notice that a request for a grant
of probate of the will [and codicil]of the abovenamed
deceased bearing date [respectively] thedayof, [and theday of],
has been presentedto this Honourable Court by C.D., ofetc. who claims to be the sole
executornamed in the said will (or as the case
may be).[orTakenotice,thatarequestforagrantofadministrationofthegoodsoftheabovenameddeceased,withhisorherwill(andcodicil)bearing dateetc.
has been presented to this Honourable Court by C.D., ofetc. who claims to be his or her widow or
widower (or residuary legateeunder the said
will (and codicil)or as the case may be)].[orTakenotice,thatarequestforagrantofadministrationofthe(lands and) goods, of the abovenamed
deceased has been presented to thisHonourable Court
by C.D., ofetc. who claims to be his or her widow
orwidower (oreldest son or daughter and 1 of his or her
next of kin) (orasthe case may
be)].And take notice, that, within 8 days
after the service of this notice uponyou, you must
cause a memorandum of appearance to be entered for you[orfor the said
Q.R.] in this Honourable Court upon your [orhis]
caveatfiled in the matter of the estate of the said
deceased on (date of filing caveat);and
that in such memorandum you must set forth what interest you
claim[orhe or she
claims] in the said estate, and must undertake to appear to
anyaction that may be commenced by the said C.D.
for a grant of probate of thesaid will
[orfor a grant of administration of the
personal estate of the saiddeceased with his
or her will (and codicil)orfor a grant of
administration ofthe (real and) personal estate of the said
deceased].
758Rules of the Supreme CourtSCHEDULE 1 (continued)And further take
notice, that, in default of your so doing the Court willproceed to make the grant in your
absence.[orTakenoticethatapplicationhasbeenmadetothisHonourableCourtbyG.H.,ofetc. that probate of the will [and
codicil] [orletters ofadministration of
the goods] of the abovenamed deceased, granted onetc.by the Supreme
Court of Victoria (or as the case may be) to the said
G.H.may be sealed.And take notice,
that, if you desire that security should be given by thesaid
G.H., you must apply to a Judge by summons, within 8 days after
theservice of this notice upon you, for an order
to that effect].Datedetc.Registrar.Note—If you only
desire to be heard upon the application of the saidC.D.
for a grant of probate [oradministration],
and do not require him orher to bring an action, you may say so
in your memorandum of appearance(not
to be added in case of caveat against sealing).
759Rules of the Supreme CourtSCHEDULE 1 (continued)Form 402MEMORANDUM OF APPEARANCE UPON CAVEAT(O
71, rr 56, 64 and 81)In the Supreme Court of
Queensland.In the will of A.B., late ofetc. deceased [orIn
the(landsand)goodsofA.B.,lateofetc.deceased, intestate].Q.R., of, in
pursuance of his or her caveat filed on (date offiling caveat) in the matter
of the estate of the abovenamed deceased, nowappears and says
that he or she is the eldest son or daughter and 1 of thenext
of kin of the said deceased, and that he or she requires the
alleged will[and codicil] of the said deceased,
propounded by C.D., to be proved insolemn form of
law [orthat he or she is the executor under a
will made bythe said deceased of later date than the will
propounded by C.D., namely ofdate theday
of, (or as the case may be)]
[orthat he or sheis the brother or
sister and 1 of the (orsole) next of
kin of the abovenameddeceased].The said Q.R.
undertakes to enter an appearance in any action that maybe
commenced against him or her by the said C.D. for a grant of
probate ofthe will [oradministration of the estate] of the said
deceased.(Ifthecaveatordesirestotakeadvantageoforder71,rule64,ademandforproofinsolemnformoflawmustnotbemade,andthefollowing
paragraph is to be substituted for the second paragraph of
thisform—The said Q.R.
only desires to be heard upon the application of C.D. fora
grant of probate (oradministration), and does not require
the said C.D. tobring an action).Datedetc.Q.R. [orX.Y., solicitor for the said
Q.R.]
760Rules of the Supreme CourtSCHEDULE 1 (continued)Form 403PROBATE (O 71, rr 7 and 23)In
the Supreme Court of Queensland.Be it known that
on theday ofthe last
will[withcodicils] of
A.B., late of, deceased [wife orhusband of C.B.,
ofetc.], who died at, on, a
copywhereof is hereto annexed, was proved and
registered in the Supreme Court[insolemnformoflaw],andthatadministrationofallandsingularthepersonal estate of the said deceased
was granted by the said Court to C.D.,thesoleexecutor(orasthecasemaybe)namedinthesaidwill[andcodicils][ortheexecutoraccordingtothetenorofthesaidwill(andcodicils)],[power being
reserved to make the like grant to E.F., the otherexecutor named in the said will, when he or
she shall apply for the same].Given under the
seal of the Court atof.,
thisday[L.S.]Registrar.Taken out
by(To be written inthe
margin)(If the will has
no attestation clause, add—The execution of
the will was proved bythe affidavit [orevidence] of).
761Rules of the Supreme CourtSCHEDULE 1 (continued)Form 404DOUBLE PROBATEIn the Supreme
Court of Queensland.Be it known that on theday
of, the last will[withcodicils] of A.B., late of,
deceased, who died at,on, a
copy whereof is hereto annexed, was proved andregisteredintheSupremeCourt[insolemnformoflaw]andthatadministration of
all and singular the personal estate of the said deceasedwas
granted by the said Court to C.D., 1 of the executors named in the
saidwill [and codicils], power being reserved to
make the like grant to E.F., theother executor
named in the said will [and codicils], when he or she shouldapply
for the same.And be it further known, that on theday
of,the like administration of all and
singular the personal estate and effects ofthe said deceased
was granted to the said E.F.Given under the
seal of the Court atof.,
thisday[L.S.]Registrar.Taken out
by(To be written inthe
margin){ Former grant, datedetc.
762Rules of the Supreme CourtSCHEDULE 1 (continued)Form 405ANCILLARY PROBATE (O 71, r 7)In
the Supreme Court of Queensland.Be it known that
on theday ofletters
testimonial,under the seal of the Supreme Court of the
State of New South Wales (oras the case may
be), testifying that on theday
ofthe lastwill [withcodicils] of A.B., late of,
who died at,on, and a copy
whereof was annexed to the said letterstestimonial, was
proved and registered in the Supreme Court of the saidState
of New South Wales (or etc.) to which
court the granting of probatethereof by law
appertained, and that administration of the personal estate
ofthe said deceased was, on the saidday
of, grantedby the said
Supreme Court of the State of New South Wales (or etc.)
toC.D., the sole executor named in the said
will [and codicils] (or as the casemaybe),wereproducedandfiledofrecordintheSupremeCourtofQueensland.And be it
further known that on theday of, the
saidlastwill[andcodicils]oftheabovenameddeceased,acopywhereofishereto annexed, was [orwere], on the faith
and credit of the said letterstestimonial,
proved and registered in the Supreme Court of Queensland,
andthat administration of all and singular the
personal estate of the said A.B.was granted by
the said Supreme Court of Queensland to the said C.D.Given under the seal of the Court atof.[L.S.],
thisdayRegistrar.Taken out
by
763Rules of the Supreme CourtSCHEDULE 1 (continued)Form 406LETTERS OF ADMINISTRATION WITH THE
WILL(O 71, rr 7, 23 and 24)In the Supreme
Court of Queensland.Be it known that on theday
of, the last will[withcodicils] of A.B., late of,
deceased, who diedaton, a copy whereof
is hereto annexed, wasproved and registered in the Supreme
Court [in solemn form of law], andthat
administration, with the said will [and codicils] of all and
singular thepersonal estate of the said deceased was
granted by the said Court to C.D.(state
the character in which the grant is taken).Given under the seal of the Court atof.[L.S.]thisdayRegistrar.Taken out
by
764Rules of the Supreme CourtSCHEDULE 1 (continued)Form 407ANCILLARY LETTERS OF ADMINISTRATION WITH THE
WILLIn the Supreme Court of Queensland.Be
it known that on theday ofletters
testimonial,under the seal of the Supreme Court of the
State of New South Wales (oras the case may
be), testifying that on theday
of, thelast will
[withcodicils] of A.B., late of,
who died at,on, and a copy
whereof was annexed to the said letterstestimonial, was
proved and registered in the Supreme Court of the saidState
of New South Wales (or etc.) to which
court the granting of probatethereof by law
appertained, and that administration of the personal estate
ofthe said deceased was, on the saidday
of, granted bythe said Supreme
Court of the State of New South Wales (or etc.)
to C.D.the sole executor named in the said will [and
codicils] (or as the case maybe),wereproducedandfiledofrecordintheSupremeCourtofQueensland.And be it
further known that on theday ofthe saidlastwill[andcodicils]oftheabovenameddeceased,acopywhereofishereto annexed, was [orwere] on the faith and credit of the
said letterstestimonial proved and registered in the
Supreme Court of Queensland andthat
administration of all and singular the personal estate of the
abovenameddeceased was granted by the said Supreme
Court of Queensland to C.D.(state
the character in which the grant is taken).Given under the seal of the Court atof.[L.S.],
thisdayRegistrar.Taken out
by
765Rules of the Supreme CourtSCHEDULE 1 (continued)Form 408EXEMPLIFICATION OF PROBATE OR LETTERS
OFADMINISTRATION WITH THE WILLIn
the Supreme Court of Queensland.Be it known that
on theday ofthe last
will[withcodicils] of
A.B., late of, deceased, who diedat,
on, was proved and registered in the
SupremeCourt, and that administration of the
personal estate and effects of the saidA.B. was granted
by the said Court to C.D., the executor named in the saidwill
[and codicils] [orwas proved and registered in the
Supreme Court, andthat administration with the said will [and
codicils] of the personal estateand effects of
the said A.B. was granted by the said Court to C.D. (recitefrom the letters
the character in which the grant was taken)], as
appearsfrom the grant of probate [orletters of administration with the
will [andcodicils] [annexed] which now remain of
record in the registry of the saidCourt.Thetruetenorofwhichsaidwill[andcodicils]isinthewordsfollowing that is to say—(Marginal notes as they appear in the grant
to be copied in the marginof the exemplification).In faith and testimony whereof these
letters testimonial are issued.Given under the
seal of the Court atof, in the year of
our Lord., thisday[L.S.]Registrar.Taken out
by
766Rules of the Supreme CourtSCHEDULE 1 (continued)Form 409LETTERS OF ADMINISTRATION(O
71, rr 7, 27, 30 and 31)In the Supreme Court of
Queensland.Be it known that on theday ofadministrationof all and
singular the [real and] personal estate of A.B., late of,deceased, who died aton, intestate, was granted bythe
Supreme Court to C.B., of, the widow or widower of thesaid
deceased, [orto E.B., ofetc.
the brother or sister of the said deceased,C.B., his or her
widow or widower, having renounced administration of hisor
her estate [orhaving been summoned and having
refused to apply foradministration of his or her estate]
(or as the case may be:State
characterinwhichthegrantistaken,andaccountforallpersonshavingpriorclaims)].Given under the seal of the Court
atof., thisday[L.S.]Registrar.Taken out
by
767Rules of the Supreme CourtSCHEDULE 1 (continued)Form 410FORMS OF LIMITATION IN GRANTS OF
ADMINISTRATION(O 71, rr 32 and 76)Before the words
‘was granted by the Supreme Court’ in form 409,insert—(a)
Limited to the minority of E.F., the executor named in the will
ofthe said A.B.or(b)
Limited to the minority [orabsence from
Queensland] of E.B., theeldest son or daughter and next of kin
of the said A.B.or(c)Limitedtotakingpossessionofandpreservingthesaidestatepending an action betweenetc.or(d) Limited to
collecting and getting in the said estate and paying thedebts
of the said A.B. [pendingetc.]or(e) Limited to bringing [ordefending] an action against [orat the suitof] E.F.
foretc.or as the case
may be.(Recitals of
undertaking to be altered accordingly).
768Rules of the Supreme CourtSCHEDULE 1 (continued)Form 411EXEMPLIFICATION OF LETTERS OF
ADMINISTRATIONIn the Supreme Court of Queensland.Be
it known that on theday of, administration
ofall and singular the [real and] personal
estate of A.B.,, ofintestate,wasgrantedbytheSupremeCourttoC.D.,thewidoworwidower(or
as the case may be: recite from the letters the character inwhich
the grant was taken) of the said deceased, as appears from the
lettersof administration which now remain of record
in the registry of the Court.(Marginal notes as they appear in the grant
to be copied in the marginof the exemplification.)In faith and testimony whereof these
letters testimonial are issued.Given under the
seal of the Court atofin the year of
our Lordthis.day[L.S.]Registrar.Taken out
by.
769Rules of the Supreme CourtSCHEDULE 1 (continued)Form 412LETTERS OF ADMINISTRATION DE BONIS
NON(O 71, rr 27 and 76)In the Supreme
Court of Queensland.Be it known that on theday
ofadministration ofall and singular
the [real and] personal estate of A.B., late of,deceased, who died at, on,
intestate, was granted bythe Supreme Courtto C.D. (state character in which the grant was
taken),and that the said C.D., after taking
such administration upon him or her, inpart administered
the estate of the said deceased, and afterwards, to wit, onor
aboutdied, leaving part thereof
unadministered.And, be it further known that on theday
ofadministration of all and singular the said
[real and] personal estate so leftunadministered
was granted by the Court to E.F. (state character
in whichthe grant is taken).Given under the seal of the Court atof.thisday[L.S.]Registrar.Taken out
by
770Rules of the Supreme CourtSCHEDULE 1 (continued)FORMS OF
PROCEEDINGS UNDER THE PUBLICTRUSTEE ACT
1978Form 412AREQUEST (O
72)In the Supreme Court of Queensland.In
the will [and codicil] [in the estate] of A.B., lateof, in the State, [butcher]
deceased[intestate].To the registrar
of the Supreme Court at.ThePublicTrusteeherebyrequeststhatanordermaybemadeauthorising the
Public Trustee to administer the estate of the abovenameddeceased [with the said will].Dated at, theday
of, 19.Public Trustee.
771Rules of the Supreme CourtSCHEDULE 1 (continued)Form 413AFFIDAVIT OF PUBLIC TRUSTEEIn
the Supreme Court of Queensland.In the matter of
thePublicTrusteeAct1978;andIn the will [and codicil] of,
lateofin the State [farmer] deceased.I,, ofsay as
follows—, in the State,, make oath
and1. After due inquiries, I am satisfied
thatlate of,in
the State, [farmer] died at, in the State
on or about thedayof, 19, as
appears by the certificate of death now produced andshown
to me and marked with the letter “B” leaving a will [and
codicil]dated theday of,
19, whereby he or she appointedexecutor thereof.The said will
[and codicil] is now produced and shown tome and marked
with the letter “A”.2. The saidleft property
within the State.Swornbytheabovenameddeponentataforesaid, thisday of,
19.Before me—A justice of the
peace.
772Rules of the Supreme CourtSCHEDULE 1 (continued)Form 414AFFIDAVIT OF PUBLIC TRUSTEE—INTESTACYIn
the Supreme Court of Queensland.In the matter of
thePublicTrusteeAct1978;andIn the estate of, late of,
inthe State [farmer], deceased,
intestate.I,follows—, of, in
the State, make oath and say as1. After due
inquiries I am satisfied that, late of,in the State, [farmer], died at, in
the said State on or abouttheday of,
19, intestate.2. The
saidleft property within the State.3.
No person has applied for administration of the estate of the
saiddeceased to be granted to him or her.Swornbytheabovenameddeponentataforesaid, thisday of,
19.Before me—A justice of the
peace.
773Rules of the Supreme CourtSCHEDULE 1 (continued)Form 415ORDER TO ADMINISTER (O 72)In
the Supreme Court of Queensland.In the matter of
thePublicTrusteeAct1978;andIn the will [and codicil] of,
lateof,intheState[farmer],deceased.Upon hearing the
Public Trustee and upon reading the request of thesaid
the Public Trustee and the affidavit ofwith the will
[andcodicil]oftheabovenameddeceasedexhibitedtheretofiledhereintheday of, 19, I
do order that the said the Public Trustee beauthorised to
administer with the said will [withcodicils] a
copywhereof is hereto annexed, the estate of the
abovenamed deceased, whodied at, in the State
on theday of, 19.Dated thisday of,
19.Registrar.
774Rules of the Supreme CourtSCHEDULE 1 (continued)Form 416ORDER TO ADMINISTER—INTESTACYIn
the Supreme Court of Queensland.In the matter of
thePublicTrusteeAct1978;andIn the estate of, late of,
inthe State [farmer], deceased
intestate.Upon hearing the Public Trustee and upon
reading the request of thePublic Trustee and the affidavit
of, both filed hereintheday
of, 19, I do order
that the Public Trustee beauthorised to administer the estate of
the abovenamed deceased.Dated thisday of,
19.Registrar.
775Rules of the Supreme CourtSCHEDULE 1 (continued)PART 15—FORMS
RELATING TO EXECUTORS’AND ADMINISTRATORS’ AND
TRUSTEES’ACCOUNTSForm 420EXECUTOR’S OR ADMINISTRATOR’S ACCOUNT (O 73,
r 1)In the Supreme Court of Queensland.In
the will of A.B., late ofetc. deceased
[orInthe (lands and)
goods of A.B., late ofetc.deceased, intestate].Account of the
administration of C.D., the executor under the will ofthe
abovenamed deceased [orC.D.,theadministratorofthe(landsand)goods
of the abovenamed deceased (or as the case
may be)], of the estate ofthe said deceased
from theday ofto theday
of.(See form338.)
776Rules of the Supreme CourtSCHEDULE 1 (continued)Form 421AFFIDAVIT VERIFYING EXECUTOR’S OR
ADMINISTRATOR’SACCOUNT(Title etc. as in form 420)I, C.D., ofetc.
[and E.F., ofetc. (and G.H., ofetc.)]
make oath andsay as follows—1.Iam[orWeare]theexecutor[orexecutors]ofthewill[oradministrator[s]withthewill]oftheabovenameddeceased[oradministrator[s]ofthe(landsand)goodsoftheabovenameddeceased,intestate].2. The said
deceased died on or about theday of.3. On theday of,
19, probate of the saidwill was granted
by this Honourable Court to me [orus]
as such executor[orexecutors]
[oradministration of the goods of the
said deceased with thesaid willoradministration of the (lands and) goods of
the said deceased (oras the case may be) was granted to
me by this Honourable Court].4.I[orWe]have,intheaccountmarked“A”,nowproducedandshowntome[orus]accordingtothebestofmy[orourrespective]knowledge,
information and belief, set forth a full account of all the estate
ofthe said testator [ordeceased] which has come to my [orour] hands [ortothe hands of any (oreither) of us] or to the hands of any person
or personsby my order or for my use [orby our order or for our use or by the
orderor for the use of any (oreither) of us], with the times when, the
names ofthe persons from whom, and on what account,
the same has been received,from theday
ofto theday of.5.I[orWe] have in the
same account set forth, to the best of my[orour respective] knowledge,
information, and belief, a full account of thedisbursements,
allowances, and payments, made by me [orus
or any (oreither) of us]orby
my order [orby our orderorby
the order of any (oreither) of us] on account of the said
testator’s estate (or as the case may be),and
the management thereof by me [orus]
together with the times when,the names of the
persons to whom, and the purposes for which, the samewere
disbursed, allowed, or paid.
777Rules of the Supreme CourtSCHEDULE 1 (continued)6. And I
[orWe, each speaking positively for
himself or herself, andto the best of his or her knowledge and
belief as to other persons] furthersay that, except
as appears in the said account, I [orwe]
have not [nor hasany (oreither) of us] nor has nor have any other
person or persons by myorder, or for my use [orby our order or for our use, or by the
order or forthe use of any (oreither) of us] possessed, received, or got
in, any part ofthe said estate of the said testator [ordeceased], nor any money in
respectthereof,andthatthesaidaccountdoesnotcontainanyitemofdisbursement, allowance, or payment, other
than such as has been actuallydisbursed,
allowed, or paid, on the account aforesaid.(Inthecaseof2ormoreexecutorsoradministratorsusethewordsinbrackets)Form
422TRUSTEE’S ACCOUNT (O 73, r 3)In
the Supreme Court of Queensland.InthetrustsofthewillofA.B.,lateofetc.deceased [orof a
deed of settlement, datedetc.and
made between A.B. of the one part andS.T. and Y.Z. of
the other part (or as the casemay be)].Account of the receipts and
disbursements of G.H., the trustee underthe will of the
abovenamed deceased [orunder a deed
(etc. as above)or
asthe case may be], in respect of
the trust estate from theday ofto theday
of.See forms338and339.
778Rules of the Supreme CourtSCHEDULE 1 (continued)Form 423AFFIDAVIT VERIFYING TRUSTEE’S
ACCOUNTSIn the Supreme Court of Queensland.(Title etc. as in form422)I, C.D.,
ofetc. [and E.F., ofetc.
(and G.H. ofetc.)] make oath and sayas
follows—1.Iam[orWeare]thetrustee[ortrustees]ofthewilloftheabovenamed deceased [ortrustee (ortrustees) under a deed of settlementdatedetc.
and made betweenetc.].2.I[orWe]have,intheaccountmarked“A”,nowproducedandshowntome[orus]accordingtothebestofmy[orourrespective]knowledge,
information, and belief, set forth a full account of all the
estatesubject to the trusts of the said will
[ordeedor as the case
may be] whichhas come to my
[orour] hands [orto
the hands of any (oreither) of us] orto the hands of
any person or persons by my order or for my use [orby ourorder or for our
use or by the order or for the use of any (oreither) of us],with the times
when, the names of the persons from whom, and on whataccount, the same has been received from
theday oftotheday of.3. I
[orWe] have, in the same account, set
forth, to the best of my [orour respective]
knowledge, information, and belief, a full account of thedisbursements, allowances, and payments, made
by me [orus or any (oreither) of us] or by my order [orby our order or by the order of any
(oreither) of us] in respect of or on
account of the said trust estate, and themanagementthereofbyme[orus],togetherwiththetimeswhen,thenames of the persons to whom, and the
purposes for which, the same weredisbursed,
allowed, or paid.4. And I [orwe,
each speaking positively for himself or herself, and tothe
best of his or her knowledge and belief as to other persons,]
further saythat, except as appears in the said account,
I [orwe] have not [nor have norhas
any (oreither) of us] nor has nor have any
other person or persons bymy order, or for my use [orby our order or for our use or by the
order orfor the use of any (oreither) of us] possessed, received, or got
in any partof the said trust estate, nor any money in
respect thereof, and that the said
779Rules of the Supreme CourtSCHEDULE 1 (continued)account does not
contain any item of disbursement, allowance, or payment,other
than such as has been acutally disbursed, allowed, or paid, on
theaccount aforesaid.(In
the case of 2 or more trustees, use the words in brackets).Note—Inthecaseofcombinedexecutor’sandtrustee’saccountsform
421 and this form should be combined.Form 424COMBINED EXECUTORS’ AND TRUSTEES’
ACCOUNT(O 73, r 17)In the Supreme
Court of Queensland.In the will (etc. as in form
420); andIn the trusts
(etc. as in form 422).THE
FIRST PART—EXECUTOR’S ACCOUNTRECEIPTS (etc.
as in form 338)THE SECOND PART—TRUSTEE’S
ACCOUNTRECEIPTS (etc. as in forms
338 and 339)
780Rules of the Supreme CourtSCHEDULE 1 (continued)Form 427NOTICE OF FILING EXECUTOR’S OR
ADMINISTRATOR’SAND/OR TRUSTEE’S ACCOUNTIn the Supreme
Court of Queensland.19. (Here
put the number)In the will oflate of,deceased; and (if
necessary)In the trustsetc.The account fromtoofas executor[oradministrator(ortrustee)][whoisapplyingfortheallowanceofacommission on income and proceeds of
sales of trust property (as the casemaybe)]hasbeenfiledandwillbeexaminedinmyofficeontheday of, 19.The account may be inspectedand
objections to the account or to any item thereof or to the
allowance ofcommission must be filed prior to that
date.Dated thisday of19.For the
Registrar.Clerk.
781Rules of the Supreme CourtSCHEDULE 1 (continued)Form 428MEMORANDUM TO BE FILED BY PERSON CLAIMING TO
BEHEARD ON THE EXAMINATION AND PASSING
EXECUTOR’SOR ADMINISTRATOR’S OR TRUSTEE’S ACCOUNTS OR
TO THEALLOWANCE OF COMMISSIONIn the Supreme
Court of Queensland.(Title etc. as in
form 420)Q.R., ofetc.
who is interested in this estate as a legatee [oras 1
of thenext of kinoras a
creditor (or as the case may be)] claims to be
heard onthe examination and the passing of the
executor’s [oradministrator(s)ortrustee(s)] account filed onetc.[orobjectstotheallowanceofanycommissiontotheexecutoradministrator or
trustee] [orclaims to be heard and objectsetc.]Datedetc.Q.R. [or
X.Y., solicitor for the said Q.R.]Note—The address for service of the said
Q.R. [orX.Y.] is 6 QueenStreet, Brisbane
(or as the case may be.)
782Rules of the Supreme CourtSCHEDULE 1 (continued)Form 429REGISTRAR’S CERTIFICATE OF RESULT OF
EXAMINATION OFEXECUTOR’S OR ADMINISTRATOR’S ACCOUNTIn
the Supreme Court of Queensland.(Title etc. as in form420)I
hereby certify that I have been attended by the solicitor for C.D.,
theexecutor (or etc.)
of the will of the abovenamed deceased (or as the
casemay be), and have
examined the account filed by him or her in this matteron
theday of, of the amounts
received and paid byhim or her as such executor (or
etc.) in connection with the estate of the
saidtestator [orintestate] from theday of, to
thedayof, and have
examined the vouchers produced in supportthereof, and find
that the said account is correct [with the exception of itemNo.of the disbursements, being in respect
ofetc. which I havedisallowed
(or as the case may be)].And
I find that proper notice of the filing of the said account has
beengiven.AndIfurthercertifythatnopersonattendedbeforemeontheexamination of
the said account to oppose the allowance of any item ofdisbursement charged in the said account or
to challenge the accuracy of anyamount shown in
it to have been received by the said executor (or etc.)
onaccountofthesaidestate,ortosurchargethesaidexecutor(oretc.)inrespect of any
sums not shown in the said account [orAnd
I further certifythat the only persons who objected to any
items in the said account wereM.N.andO.P.,bothofwhomhavewithdrawntheirobjections(orofwhom the said
O.P. has withdrawn his or her objections,orasthecasemaybe)](Addanyotherfactsmaterialinconsideringtheallowanceofcommission).[AndIfurthercertifythatthecostsoftheexaminationofthesaidaccount have been
taxed and allowed at $]The evidence produced on the
examination of the said account isetc.Datedetc.Registrar.
783Rules of the Supreme CourtSCHEDULE 1 (continued)Form 430REGISTRAR’S CERTIFICATE OF RESULT OF
EXAMINATION OFTRUSTEE’S ACCOUNTIn the Supreme
Court of Queensland.(Title as in form
420)I hereby certify that I have been
attended by the solicitor for C.D., the(executor and)
trustee of the will of the abovenamed deceased (orasthecase
may be), and have examined the account filed by
him or her in thismatter on theday of,
19, of the amounts receivedand
paid by him or her as such (executor and) trustee in connection
with hisor her administration of the trust estate
from theday of,19, to theday of,
19, and have examined thevouchersproducedinsupportthereof,andfindthatthesaidaccountiscorrect (with the exception of item
No.of the disbursements) (in thefirst
part of the account), being in respect ofetc.
which I have disallowed (oras the case may
be)) and I find that proper notice of the filing of the saidaccount has been given.And I further
certify that the total amount received by the said C.D. assuch
trustee is $from the proceeds of the sale of trust
property, and$for income thereof (And I further
certify that the total amountreceived by the
said C.D. as executor is $and that the total amountreceived by him or her as trustee is $from
the proceeds of the sale oftrust property,
and $for income thereof).AndIfurthercertifythatnopersonattendedbeforemeontheexaminationofthesaidaccounttoobjecttoanyitemofdisbursementcharged in the
said account or to challenge the accuracy of any amountshowninittohavebeenreceivedbythesaid(executorand)trusteeonaccount of the said estate, or to surcharge
the said (executor and) trustee inrespect of any
sums not shown in the said account (and that no person hasgiven
notice that he or she objects to an allowance of commission to
thesaid (executor and) trustee (orAnd I further certify that the only
personswho objected to any items in the said account
were O.P. and Q.R., both ofwhomhavewithdrawntheirobjections,(orofwhomthesaidO.P.haswithdrawn his or her objections,oras the case may be)) (orAnd I furthercertifythatQ.R.hasfiledamemorandumobjectingtoanycommission
784Rules of the Supreme CourtSCHEDULE 1 (continued)being allowed to
the said trustee).(Addanyotherfactsmaterialinconsideringtheallowanceofcommission).(AndIfurthercertifythatthecostsoftheexaminationofthesaidaccount and of
the application for commission have been taxed and allowedat
$.)The evidence produced on the
examination of the said account isetc.Datedetc.Registrar.
785Rules of the Supreme CourtSCHEDULE 1 (continued)PART 16—FORMS OF
PROCEEDINGS UNDER THESETTLED LAND ACT 1886Form
431DESCRIPTION OF APPLICANT IN SUMMONS (O 77, r
1)(a) On the part of A.B., the tenant for life
[ortenant in tail,or as thecasemaybe,describingthenatureoftheapplicant’sestate]undertheabovementioned settlement.(b)
On the part of A.B., the tenant for life (orasthecasemaybe)undertheabovementionedsettlement,aninfant,byX.Y.,hisorhertestamentary
guardian [orguardian appointed by order
datedetc.ornextfriend].(c)
On the part of C.D. and E.F., the trustees of the
abovementionedsettlement for the purposes of the
abovementioned Act.(d) On the part of G.H., the tenant for life
in remainder [ortenant intail in
remainderor as the case may be, describing the
applicant’s interest]under the
abovementioned settlement subject to the life interest of A.B.
(oras the case may be).(e)
On the part of M.N., the purchaser of the lands [orthe timber uponthe landsorchattelsor as the case
may be] settled by the abovementionedsettlement.(f)OnthepartofM.N.,thelesseeunderaminingleasedatedetc.grantedunderthepowersoftheabovementionedActoftheminesandminerals under the lands settled by the
abovementioned settlement.(g) On the part of O.P., the mortgagee
under a mortgage intended tobe created under
section 18 of the abovementioned Act of the lands settledby
the abovementioned settlement.(h)OnthepartofQ.R.,interestedunderthecontracthereinaftermentioned.
786Rules of the Supreme CourtSCHEDULE 1 (continued)Form 432AFFIDAVIT VERIFYING TITLE (O 77, r 6)(Formal parts as usual)1.Byasettlementdatedetc.andmadebetweenetc.theabovementioned lands [orcertain chattels, namely, (describe them shortly)]stand
limited to the following uses [orupon
the following trusts], namely(set
out the trusts verbatim so far as material).2.
Under the said uses [ortrusts] A.B. is
[orI am] now beneficiallyentitled in possession as tenant for life
[ortenant in tailortenant in feesimple, with an
executory gift overor as the case may be].3.[ThesaidA.B.isaninfantoftheageofthereabouts].yearsor4. C.D., ofetc.
and E.F. ofetc. are trustees under the said
settlement,withapowerofsaleofthesaidlands[orwithpowerofconsenttoorapproval of the exercise of a power of
sale of the said lands, contained in thesaid
settlement,orare the persons by the said
settlement, declared to betrustees thereof for purposes of the
abovementioned Act].
787Rules of the Supreme CourtSCHEDULE 1 (continued)Form 433SUMMONS FOR AUTHORITY TO SELL OR LEASE WHEN
THETENANT FOR LIFE HAS ENTERED INTO A
CONTRACT(O 77, rr 7 and 8)(Formal parts as usual)1.Thattheconditionalcontractdatedetc.andmadebetweentheapplicant[or,inthecaseofaninfant,thesaidX.Y.]ofthe1partandof
the other part, for the sale [orlease] to the said O.P. of thelandsthereinmentioned,[forthetermand]upontheconditionsthereinstated, may, pursuant to section 20 [or39] of the abovementioned Act,
beapproved, and that the said A.B. [orX.Y.] may be authorised to execute
aconveyance [orlease] in pursuance of the said
contract.2. That the costs of this application may be
directed to be taxed asbetween solicitor and client, and that
the same when taxed may be paid outof the property
subject to the said settlement, and that for that purpose
allnecessary directions may be given.Form
434SUMMONS FOR AUTHORITY TO SELL OR LEASE WHEN
NOCONTRACT HAS BEEN ENTERED INTO (O 77, rr 7
and 8)1. That the sale to O.P. [orthe lease proposed to be granted to
O.P.] ofthe lands [orof
the mansion houseetc.] settled by the
said settlement may,pursuant to section 20 [or39] of the abovementioned Act, be
approved, andthat the applicant [or,inthecaseofaninfant,thesaidX.Y.]maybeauthorised to execute the same.2.
(Add application for costs as in form
433)
788Rules of the Supreme CourtSCHEDULE 1 (continued)Form 435SUMMONS UNDER SECTIONS 20, 62 AND 64, FOR A
SALE OUTOF COURT OF THE PRINCIPAL MANSION HOUSE
ANDDEMESNES, OR OF TIMBER OR CHATTELS (O 77, rr
7 and 8)1. That the applicant [or, in the case
of an infant, the said X.Y.] maybe authorised to
sell the principal mansion house [orthe
timber ripe and fitforcutting]ontheland[orthefurnitureandchattels]settledbytheabovementioned
settlement in such manner and subject to such particulars,conditions, and provisions as he or she may
think fit.2. That the costs of this application may be
taxed as between solicitorand client, and that C.D. and E.F., the
trustees of the said settlement, maybe at liberty to
pay the costs when taxed out of the proceeds of the said
sale[or, in case of timber,
out of the3/4of
the proceeds of the said sale to be setaside as capital
money arising under the said Actor as the case
may be].Form 436SUMMONS UNDER
SECTIONS 20, 62 AND 64 FOR SALE BY THECOURT OF THE
PRINCIPAL MANSION HOUSE ANDDEMESNES, OR OF
TIMBER OR CHATTELS1.Thattheprincipalmansionhouse[orthetimberripeandfitforcutting]ontheland[orthefurnitureandchattels],settledbytheabovementioned
settlement, may be sold under the direction of the Court.2.
(Add application for costs as in form
433.)
789Rules of the Supreme CourtSCHEDULE 1 (continued)Form 437SUMMONS UNDER SECTION 26(Formal parts as usual)1.
That the applicant may be at liberty to enforce [orcarry into effectorvaryorrescindas the case may
be] the contract entered into between
theapplicant of the one part, andof
the other part; or that suchdirections may be
given relating to the said contract as the Judge may thinkfit.2. (Add application
for costs as in form 433.)Form 438SUMMONS UNDER SECTION 27 FOR APPOINTMENT
OFPERSONS TO EXERCISE POWERS ON BEHALF OF
INFANT(Formal parts as usual)1. That the powers conferred upon a
tenant for life by section 13 of theabovementionedAct(orsuchotherpowersasitisdesiredtohaveexercised)
may be exercised by the said X.Y. on behalf of the said A.B.during his or her minority.2.
(Add application for costs as in form433.)
790Rules of the Supreme CourtSCHEDULE 1 (continued)Form 439SUMMONS UNDER SECTION 31 BY PURCHASER
FORPAYMENT INTO COURT OF PURCHASE MONEY OF
SETTLEDLAND, TIMBER, OR CHATTELS (O 77, r 9)(Formal parts as usual)1. That the applicant may be at
liberty to pay into court to the credit ofan account
entitled ‘In the matter of theSettled Land Act
1886’, and ‘In thematter of K.L.’s
settlement’, the sum of £ ($) on account of the purchasemoneyoftheA.estate(orasthecasemaybe)settledbytheabovementioned
settlement.2. That such directions may be given for the
investment of the saidsumswhenpaidintocourt,andtheaccumulationorpaymentofthedividends of the securities,
representing the same as the Court may thinkproper.
791Rules of the Supreme CourtSCHEDULE 1 (continued)Form 440SUMMONS UNDER SECTION 31 FOR PAYMENT INTO
COURTBY LESSEE UNDER A MINING LEASE (SEE SECTION
17)(O 77, r 9)(Formal parts as usual)1.
That the applicant may be at liberty to pay into court to the
credit ofan account entitled ‘In the matter of
theSettled Land Act 1886’, and ‘In
thematterofK.L.’ssettlement:MineralRents’,thesumof£($)being3/4[or1/4]oftherentspayablebyhimorherunderthesaidleaseforthehalf-year
endingetc., less £ ($) the
costs of payment into court.2. That the
applicant may be at liberty on or before thedayofand theday ofin
every year during theterm created by the said lease to pay
into court to the credit aforesaid, somuchoftherentspayablebyhimorherunderthesaidleaseasisbysection 17 of the abovementioned Act directed
to be set aside as capitalmoney arising under the said Act, after
deducting therefrom the costs ofpayment in, the
amount paid in to be verified by affidavit.3. That the said
sum of £ ($) and all other sums to be paid into court tothecreditaforesaidmaybeinvestedinthepurchaseof(nametheinvestment) to the like
credit and that the dividends on the saidwhenpurchasedmaybepaidtoA.B.,thetenantforlifeundertheabovementioned settlement during his or
her life or until further order.
792Rules of the Supreme CourtSCHEDULE 1 (continued)Form 441SUMMONS UNDER SECTION 31 FOR PAYMENT INTO
COURTBY MORTGAGEE (SEE SECTION 18) (O 77, r
9)(Formal parts as usual)1. That the applicant may be at
liberty to pay into court to the credit ofan account
entitled ‘In the matter of theSettled Land Act
1886’, and ‘In thematter of K.L.’s
settlement, O.P. mortgagee’, the sum of £ ($), being theamount agreed to be advanced by the applicant
on mortgage of the landscomprised in the abovementioned
settlement, less the costs of payment intocourt.2.
(Add directions for investment as in form
439.)Form 442SUMMONS UNDER
SECTION 35(1)(Formal parts as usual)1. That the scheme filed in the
registry onetc. for the execution ofimprovements on the lands settled by the
abovementioned settlement maybe
approved.2. (Add application
for costs as in form 433.)Form 443SUMMONS UNDER SECTION 35(2)(b) FOR
APPOINTMENT OFAN ENGINEER OR SURVEYOR(Formal parts as usual)1.
That Q.R., of, engineer [orsurveyor] may be approvedasengineer[orsurveyor]forthepurposesofsection35(2)(b)oftheabovementioned
Act.2. (Add application
for costs as in form 433.)
793Rules of the Supreme CourtSCHEDULE 1 (continued)Form 444NOMINATION OF AN ENGINEER OR SURVEYOR BY
THETRUSTEESWe, C.D.,
ofetc.and E.F.,
ofetc.the trustees of
the abovementionedsettlement for the purposes of the
abovementioned Act, hereby nominateQ.R. ofetc.engineer
[orsurveyor], for the purposes of section
35(2)(b) ofthe said Act.(Signed)C.D.E.F.Form
445SUMMONS UNDER SECTION 35(2)(c)(Formal parts as usual)1. That C.D. and E.F., the trustees of
the abovementioned settlementfor the purposes
of the abovementioned Act, may be directed to apply thesum
of £ ($) out of the capital money arising under the said Act in
theirhands subject to the said settlement in
payment for (describe the work oroperation),
being [part of] an improvement executed upon the lands
subjectto the said settlement pursuant to a scheme
approved by the said C.D. andE.F. under the
said Act.2. (Add application
for costs as in form 433.)
794Rules of the Supreme CourtSCHEDULE 1 (continued)Form 446SUMMONS UNDER SECTION 35(3)(Formal parts as usual)1. That the sum of £ ($) may be
ordered to be raised out of the fundsin court to the
credit of an account entitledetc.andthatthesamewhenraised may be paid to S.T. upon his or her
undertaking to apply the same inpaymentfor(describetheworksoroperation)being[partof]animprovementexecuteduponthelandsettledbytheabovementionedsettlement
pursuant to the scheme approved by order datedetc.2. (Add application
for costs as in form 433.)Form 447SUMMONS FOR DIRECTION UNDER SECTION
42(Formal parts as usual)1. That it may be declared that
(set out the declaration required).2. (Add application
for costs as in form 433, or as the circumstancesmay
require.)Form 448SUMMONS UNDER
SECTION 45 FOR THE APPOINTMENT OFNEW
TRUSTEES(Formal parts as usual)1.ThatG.H.andI.J.maybeappointedtrusteesundertheabovementioned settlement for the purposes of
the abovementioned Act.2. (Add application
for costs as in form 433.)
795Rules of the Supreme CourtSCHEDULE 1 (continued)Form 449SUMMONS UNDER SECTION 58 FOR ADVICE AND
DIRECTION(Formal parts as usual)For the opinion, advice, and direction
of the Judge on the followingquestions—1.
Whether:2. Whether:3.
Whether:(or, if the questions involve
complicated facts.)for the opinion, advice, and direction
of the Judge on the facts and questionssubmitted by the
statement filed in the registry onetc.2. (Add application
for costs as in form 433.)Form 450SUMMONS UNDER SECTION 61 FOR APPLICATION OF
MONEYPAID FOR A LEASE OR REVERSION(Formal parts as usual)1. That the sum of £ ($), being the
proceeds of sale of a lease foryears [orlifeorof a
reversion (or other interest, describe it),]
settled by theabovementionedsettlement,may,pursuanttosection61oftheabovementioned
Act, be directed to be applied for the benefit of the
partiesinterested under the said settlement in such
manner as the Court may thinkfit.2.
(Add application for costs as in form
433).
796Rules of the Supreme CourtSCHEDULE 1 (continued)Form 451SUMMONS FOR DIRECTIONS AS TO SERVICE OF
PETITION(O 77, r 5)(Formal parts as usual)That
directions may be given as to the persons to be served with
thepetition presented in this matter onetc.
798Rules of the Supreme CourtSCHEDULE 1 (continued)mentioned in the
warning written hereon.And We further command you that
immediately after the executionhereof you do
return this writ to Our said Supreme Court, setting forth
themannerinwhichyoushallhaveexecutedthesame,andthedayoftheexecution hereof; or, if this writ
shall remain unexecuted, then that you doso return the
same at the expiration of [2] calendar months from the datehereof, or sooner if you shall be thereto
required by order of Our said Courtor a Judge
thereof.Witness (etc. as in a
writ of summons)Thefollowingmemorandamustbesubscribedtothewritandcopies—1.
This writ is to be executed within [2] calendar months from the
datethereof, including the day of such date, and
not afterwards.2. A warning to the defendant—If a
defendant, having given bail onthe arrest, omits
to put in special bail withindays, the
plaintiff mayrequire the sheriff to retake the defendant,
or may proceed on the bail bond.Thefollowingendorsementsmustalsobemadeonthewritandcopies—1.Bailfor£($),byorderoftheHonourableJusticeC.,datedtheday
of, 19.2.
This writ was issued by (etc. as in the case of a writ of
summons).3.Endorsementonwrittobemadewithin6daysafterexecutionthereofC.D.wasarrestedbyme,O.P.,onthewithinwrit,onday, theday of,
19.(If there are
several defendants, make such endorsement for each).Note—When the writ is
issued by a commissioner, this form must befollowed,and,inaddition,thewritmustbesignedbythecommissionerissuing the same,
together with a memorandum in the form prescribed bythe
Common Law Process Act 1867, section 66,but no seal need
be affixedto a writ issued by a
commissioner.
799Rules of the Supreme CourtSCHEDULE 1 (continued)Form 454PRAECIPE FOR CAPIAS(Title etc. as in form 453)Seal a writ of capias, directed to the
sheriff of Queensland (or as thecase may
be), to arrest the defendant C.D.Datedetc.(To be signed by
the plaintiff or the plaintiff’s solicitor).Order
dated theday of.
800Rules of the Supreme CourtSCHEDULE 1 (continued)PART 18—FORMS
RELATING TO PROCEEDINGSBY FOREIGN ATTACHMENTForm
455WRIT OF FOREIGN ATTACHMENT (O 79, r
1)In the Supreme Court of Queensland.19. (Here put the
number)(Title of action
as in writ of summons)ELIZABETH THE
SECOND ETC.To the sheriff of Queensland:Greeting:Whereas the
abovenamed A.B. hath lately in Our Supreme Court ofQueensland commenced an action against C.D.
[and E.F.], and the writ ofsummons in the
said action has been returned [orhas,
as to the said C.D.,been returned] by the person charged
with the service thereof with a returnthat he or she
had made diligent search for the said C.D., and had beenunable to find him or her, and the said A.B.
hath caused to be filed in Oursaid Court the
affidavit required by theCommon Law Process Act 1867inthat behalf.Now We command
you that you attach in the hands of G.H. [and I.J.(respectively)]allthelands,tenements,moneys,securitiesformoney,chattels, and
other property, which the said C.D. is possessed of or
entitledto, or otherwise beneficially interested in,
and which are or is in the custodyor under the
control of the said G.H. [and I.J. (respectively)] at the time
ofyour serving him, her or them with this writ,
and also all and every thesums and sum of money in which the said
G.H. [and I.J. or either of themare or] is
indebted to the said C.D. at the time of such service.And
We further command you that you summon the said G.H. [andI.J.,
and each of them] that he, she [orthey] appear before Our said Court atBrisbane [orRockhampton, TownsvilleorCairns] within (here state
suchnumber of days, not less than 14 and not more
than 60, as would be limitedifthewritwereawritofsummons) days next
after service hereof, to be
801Rules of the Supreme CourtSCHEDULE 1 (continued)examined touching
the premises, and to do and receive what Our said Courtshall
consider in this behalf.And have you then there this
writ.Witnessetc.This writ was issued by (etc.
as in the case of a writ of summons).NOTICE TO GARNISHEE(To
be endorsed on the writ)Take notice that
from the time of your being served with this writ, allthe
lands, hereditaments, moneys, chattels, bills, bonds, and other
property,of whatsoever nature, in your [oreither of your] custody, or under your
[oreitherofyour]control,belongingtothewithin-namedC.D.,ortoorinwhich he or she is legally or equitably
entitled or otherwise beneficiallyinterested, and
whether solely or jointly with any other person, and all
debtsof every kind due by you [oreither of you] to the said C.D.,
although thesame or part thereof may be payable only at a
future day, are, to the extentof the right
title or interest, of the said C.D. therein, attached in your
hands,and, subject to any bona fide prior claims or
liens thereon, are liable to thesatisfaction of
the debt due to the within-named A.B. in this action.And
if you [oreither of you] before this attachment
is dissolved, sellor otherwise dispose of, or part with any
such property, or pay over anysuch debt, or any
part thereof, without leave of the Court, you [and each ofyou]
will be liable to pay to the said A.B. such damages as the said
Court oraJudgethereof,upontheapplicationofthesaidA.B.,shallthinkfittoorder.(To be signed by the plaintiff or the
plaintiff’s solicitor).To G.H. [and
I.J.]Memorandum—YouarerequiredtoattendonthiswritbeforetheHonourable the Chamber Judge at the Supreme
Court House, Brisbane [orRockhampton,TownsvilleorCairns]onthedaywithinspecifiedato’clock in the forenoon.
802Rules of the Supreme CourtSCHEDULE 1 (continued)Form 456PRAECIPE FOR WRIT OF FOREIGN
ATTACHMENT(Title etc. as in form 454,
adding)G.H. and I.J.Garnishees.Seal a writ of
foreign attachment to attach property of the defendantC.D.
in the hands of the abovenamed garnishees.Datedetc.(To
be signed by the plaintiff or the plaintiff’s solicitor)Writ of summons issued theday
of.Writ returned theday of.Affidavit of officer filed theday
of.Plaintiff’s affidavits filed theday
of.
803Rules of the Supreme CourtSCHEDULE 1 (continued)Form 457PLAINTIFF’S BONDKnow all persons
by these presents that we, A.B. ofetc.
M.N., ofetc.andO.P.,ofetc. and are, each of us is, jointly and
severally bound untoC.D., late ofetc. in
the sum of£ ($) of good and lawful money ofAustralia to be paid to the said C.D., his or
her executors or administrators,for which payment
to be well and truly made, we bind ourselves and eachof
us, our and each of our executors, and administrators, firmly by
thesepresents:Sealed with our
seals:Dated theday of, in
theyear of Our Lord, 19.Whereas an action hath lately been commenced
in the Supreme Court,atBrisbane[orRockhampton,TownsvilleorCairns]atthesuitoftheabovebounden A.B., against the
abovenamed C.D. [and one E.F.], and awrit of foreign
attachment hath, on the application of the said A.B., beenissued therein.And whereas, the
said A.B. being about to proceed in the said action, itis
necessary for him or her to give the security required by
theCommonLaw Process Act
1867, and the abovebounden M.N. and O.P. have
agreedto become his or her sureties.Now
the condition of this obligation is that if the said A.B., his or
herexecutors or administrators, shall repay or
cause to be repaid to the saidC.D., his or her
executors and administrators, all and every the sums andsum
of money which he or she the said A.B. shall receive or recover in
thesaid action, incase the
judgment obtained therein shall be hereaftervacated,
reversed, or altered, and also pay or cause to be paid the sum
andsums of money, damages, costs and charges,
which by the said Court shall,at any time
hereafter, be adjudged or ordered to be paid by the said A.B.,
hisor her executors or administrators, to the
said C.D., his or her executors oradministrators,
by reason of, or in any manner relating to, the said actionand
the said attachment, or either of them, or any proceedings taken or
to betakeninorunderthesamerespectively,orunderanyexecutionorexecutions issued in the same action, then
this obligation shall be void, butotherwise shall
remain in full force and virtue.
804Rules of the Supreme CourtSCHEDULE 1 (continued)Form 458NOTICE OF ISSUE OF WRITIn the Supreme
Court of Queensland.19. (Here
put the number)Between A.B.,plaintiffandC.D. and E.F.,defendantsG.H. and
I.J.,garnisheesWhereas an
action has been commenced in this Court at the suit of theabovenamed A.B. against the abovenamed C.D.
[and E.F.] to recover (stateshortly the cause
of action and the amount sworn to, if for a sum certain),and, it being alleged that the said
C.D. does not reside within this State awrit of foreign
attachment has been issued, returnable withindaysafter
service thereof, wherein G.H. ofetc.[and
I.J. ofetc.], is garnishee [orare
garnishees].Noticeisherebygiventhereof,andthat,ifatanytimeafterfinaljudgment in this action, the said C.D.
(orany person on his or her
behalf)will give the security and notice, and file
the appearance, and make thedefence, required
by theCommonLawProcessAct1867, the
attachmentmay be dissolved.Datedetc.(To
be signed by the plaintiff or the plaintiff’s solicitor.)
805Rules of the Supreme CourtSCHEDULE 1 (continued)Form 459NOTICE IN CASE OF ABSENT PARTNER OR
DEFENDANTUNDER COMMON LAW PROCESS ACT 1876 SECTIONS
43AND 44In the Supreme
Court of Queensland.Between A.B.,plaintiffandC.D. and E.F.,defendants.Whereas an
action has been commenced in this Court at the suit of theabovenamedA.B.againsttheabovenamedC.D.andE.F.ascopartnerscarrying on
business under the style or firm of D. and Company, and noappearance has been entered for the said C.D
in the said action, and he orshe is alleged to
be absent from the State.Notice is hereby given that unless the
said E.F. or some person on hisor her behalf
shall enter an appearance for the said E.F. to the said action
onor before theday ofnext
(not less than 10 days), thesaidA.B.willproceedinthesaidactionasifthesaidC.D.residedinBrisbane, and had appeared in person to the
same.Datedetc.(To be signed by
the plaintiff or the plaintiff’s solicitor.)
806Rules of the Supreme CourtSCHEDULE 1 (continued)PART
19—PROCEEDINGS RELATING TOMENTALLY ILL PERSONSForm
460GENERAL TITLE OF PROCEEDINGSIn
the Supreme Court of Queensland.19.
(Here put the number).In
the matter of A.B., of, in the State, merchant, amentally ill person [and where the
person has not been so declared addingthe words‘not
so declared’or‘a patient’ (as the case may
be).]
807Rules of the Supreme CourtSCHEDULE 1 (continued)Form 461PETITION FOR DECLARATION THAT A PERSON IS
MENTALLYILL(Title as in form
460, omitting the words ‘a mentally ill person’)(Formal parts as directed in part
9.)The humble petition of C.D. ofsheweth—, [and E.F.
of],1. A.B. [who is now confined in Her
Majesty’s prison at,was on theday ofon
the trial of an indictmentpresented against him or her, acquitted
on the ground of insanity (or was ontheday
ofupon arraignment upon a criminalcharge, found to be insane) and] is now and
has forpast beenmentally ill and
incapable of managing his or her estate.2.ThepropertyofthesaidA.B.consistsofthefollowingparticulars—that
is to say:The sum of £300 ($600) standing to the
accountof the said A.B. inBank at,
and (here set out details ofproperty)
at, producing together a net income of £ ($)
per annum(or as the case may be).3. The said A.B. is not married and
has no father or mother living, andyour petitioner
C.D. is the oldest brother or sister, and your petitioner
E.F.is a sister of the said A.B.The
names and description of the other personswho would be
entitled to the estate of the said A.B. under the statutes for
thedistribution of the effects of intestates, in
case he or she were dead intestate,are as
follows.(State them).4.ThereisowingtoyourpetitionerC.D.[ortoC.B.]forthepastmaintenance of
the said A.B. the sum of £ ($).Your
petitioner[s] therefore humbly pray[s] as follows—1.ThatthesaidA.B.maybedeclaredtobementallyillandincapable of
managing his or her estate.2.Thatafitpersonmaybeappointedtobecommitteeoftheperson [and estate] of the said
A.B.
808Rules of the Supreme CourtSCHEDULE 1 (continued)3.Thatcosts,charges,andexpensesofthispetitionandconsequent thereon may be ordered to
be taxed and paid out of theestate of the
said A.B.(To be signed by the petitioner or
petitioners.)Form 462NOTICE TO BE
ENDORSED ON COPY OF PETITION SERVED ONA MENTALLY ILL
PERSONTo A.B.Take notice that
a petition, of which a copy is within written, was ontheday ofpresented to the
Supreme Court, and that inpursuance thereof a declaration may be
made that you are mentally ill andincapable of
managing your estate, and that in the event of such
declarationbeing made, orders may be made by the Court
for the purpose of renderingyour property or
the income thereof available for the maintenance or benefitof
yourself [and your family], [orfor
carrying on your trade or business],and that if you
intend to object to such declaration being made, notice ofsuch
objection must be signed by you, and attested by your solicitor,
andfiled at the office of the Supreme Court
within [8] days from your receipt ofthis
notice.Datedetc.(To be signed by
the petitioner or the petitioner’s solicitor.)
809Rules of the Supreme CourtSCHEDULE 1 (continued)Form 463NOTICE OF OBJECTION BY A MENTALLY ILL
PERSONIn the matter of A.B. alleged to be a
mentallyill person.I,theabovenamedA.B.,havingbeenservedwithanoticeofthepresentation of a petition praying for
a declaration that I am mentally ill andincapable of
managing my estate, do hereby give notice of my intention toobject to such declaration being made.Datedetc.A.B.[orX.Y., solicitor for theabovenamed A.B.]Witness:
G.H.Form 464NOTICE
REQUESTING A JURYIn the matter of A.B. alleged to be a
mentallyill person.I,C.D.[orA.B.], the petition [orrespondent] in [orto]
the petitionpresented in this matter on theday
of, request thattheinquirywhetherornotthesaidA.B.is[orIam]mentallyillandincapable of
managing his, her [ormy] estate be had before a
jury.Datedetc.C.D. [orA.B.][orX.Y., solicitor for the abovenamed
C.D. (orA.B.)]Witness:
G.H.
810Rules of the Supreme CourtSCHEDULE 1 (continued)FORMS RELATING
TO APPLICATIONS FORJUDICIAL REVIEWForm 465APPLICATION FOR A STATUTORY ORDER OF
REVIEWIN THE SUPREME COURT OF QUEENSLANDDISTRICT REGISTRYBETWEENNo.of 19ANDA.
B.ApplicantC. D.RespondentAPPLICATION FOR
A STATUTORY ORDER OF REVIEWApplicationtoreviewthedecisionof(therespondent)or(thefirstrespondent) that (specify decision
in space below)ORApplicationtoreviewtheconductof(therespondent)or(thefirstrespondent) under which (specify conduct
in space below)ORApplicationtoreviewthefailureof(therespondent)or(thefirstrespondent) to decide that (specify the decision that it is alleged
ought tohave been made in space below)
811Rules of the Supreme CourtSCHEDULE 1 (continued)Theapplicantisaggrievedbythe(decision)or(conduct)or(proposedconduct)or(failure) because—1.2.etc.The grounds of
the application are—1.2.etc.Particulars of fraud or bad faith
(if alleged).The
applicant claims—1.(Anorder)or(Adeclaration)that(specifyreliefsoughtinspacebelow).2.etc.Date:(Signed)(applicant)or(applicant’s solicitor)To the respondent
(insert address in space below).A directions hearing in this
application (and any claim by the applicant foran interlocutory
order) will be heard by the Court at the time, date and
placespecified below.If there is no
attendance before the Court by you or by your counsel orsolicitor, the application may be dealt with
and judgment may be given oran order made in
your absence.Beforeanyattendanceatthattime,youmustfileanappearanceintheregistry.
812Rules of the Supreme CourtSCHEDULE 1 (continued)APPOINTMENT FOR
DIRECTIONS HEARINGTimeanddate:(Time and date to be entered by
registry unless fixed by Court).Place:(Address of Court)(If the time for service has been
abridged, add—)The time by which this application is
to be served hasbeenabridgedbytheCourtto(specifytimeinspacebelow).Date:(Signed)RegistrarThe applicant’s
address for service is (specify address for service in
spacebelow).
813Rules of the Supreme CourtSCHEDULE 1 (continued)Form 466APPLICATION FOR REVIEWIN THE SUPREME
COURT OF QUEENSLANDDISTRICT REGISTRYNo.of
19BETWEENE. F.ApplicantANDG.
H.RespondentAPPLICATION FOR
REVIEWThe applicant claims (specify details
of claim in space below).1.2.etc.The grounds of
the claim are set out in the accompanying (affidavit)or(statement of claim).The
applicant also claims by way of interlocutory relief—1.(Anorder)or(Adeclaration)that(specifyreliefsoughtinspacebelow).2.etc.Date:(Signed)(applicant)or(applicant’s solicitor)To the respondent
(insert address in space below).A directions hearing in this
application (and any claim by the applicant foran interlocutory
order) will be heard by the Court at the time, date and
placespecified below.
814Rules of the Supreme CourtSCHEDULE 1 (continued)If there is no
attendance before the Court by you or by your counsel orsolicitor, the application may be dealt with
and judgment may be given oran order made in
your absence.Beforeanyattendanceatthattime,youmustfileanappearanceintheregistry.APPOINTMENT FOR
DIRECTIONS HEARINGTime and date: (TimeanddatetobeenteredbyregistryunlessfixedbyCourt).Place:(Address of Court)(If the time for service has been
abridged, add—)The time by which this application is
to be served has beenabridged by the Court to (specify time in space below).Date:(Signed)RegistrarThe applicant’s
address for service is (specify address for service in
spacebelow).
815Rules of the Supreme CourtSCHEDULE 1 (continued)Form 467APPLICATION RELATING TO STATEMENT OF
REASONSIN THE SUPREME COURT OF QUEENSLANDDISTRICT REGISTRYNo.of
19BETWEENW. X.ApplicantANDY.
Z.RespondentAPPLICATION
RELATING TO STATEMENT OF REASONSApplicationinrelationtothedecisionoftherespondentthat(specifydecision in space
below)The applicant is aggrieved by the
decision because—1.2.etc.The
applicant claims—1.(Anorder)or(Adeclaration)that(specifyreliefsoughtinspacebelow).2.etc.The
grounds of the claim are set out in the accompanying
affidavit.Date:(Signed)(applicant)or(applicant’s solicitor)To the respondent
(insert address in space below).A directions hearing in this
application (and any claim by the applicant for
816Rules of the Supreme CourtSCHEDULE 1 (continued)an interlocutory
order) will be heard by the Court at the time, date and
placespecified below.If there is no
attendance before the Court by you or by your counsel orsolicitor, the application may be dealt with
and judgment may be given oran order made in
your absence.Beforeanyattendanceatthattime,youmustfileanappearanceintheregistry.APPOINTMENT FOR
DIRECTIONS HEARINGTime and date:(Time
and date to be entered by registry unless fixed byCourt).Place:(Address of Court)(If the time for service has been
abridged, add—)The time by which this application is
to be served has been abridged by theCourt to (specify time in space below).Date:(Signed)RegistrarThe applicant’s
address for service is (specify address for service in
spacebelow).
817Rules of the Supreme CourtSCHEDULE 1 (continued)PART 20—FORMS
RELATING TO CERTIORARI,MANDAMUS, PROHIBITION, QUO
WARRANTO,HABEAS CORPUS, AND WRITS OF
ASSISTANCESECTION 5—HABEAS CORPUSForm 491AFFIDAVIT FOR WRIT OF HABEAS CORPUS (O 82, r
1)In the Supreme Court of Queensland.(Title of cause, if the order is made
in a cause:If not made in acause, entitled
the affidavit ‘Ex parte A.B.’)(State necessary facts as in other
cases.)
818Rules of the Supreme CourtSCHEDULE 1 (continued)Form 493WRIT
OF HABEAS CORPUS AD SUBJICIENDUM (O 82, r 2)In the Supreme
Court of Queensland.(Title of cause
(if any))ELIZABETH THE SECOND ETC.To:Greeting:WecommandyouthatyouhavebeforeOurSupremeCourtofQueensland [orbefore the Honourable Justice C.orthe Honourable theChamber Judge],
at the Supreme Court House, Brisbane [orRockhampton,TownsvilleorCairns], immediately after the receipt
of this Our writ [oronday theday
of, ato’clock in
thenoon],the body of A.B.,
being taken and detained under your custody, as is said,together with the day and cause of his or her
being taken and detained, bywhatsoever name
he or she may be called therein, to undergo and receive alland
singular such matters and things as Our said Court [orJudge] shallthen and there
consider of and concerning him or her in this behalf; andhave
you there then this writ.Witnessetc.This writ was issued by (etc.
as in the case of a writ of summons)(To be endorsed)By
Order of the Court [orof the
Honourable Justice C.]
819Rules of the Supreme CourtSCHEDULE 1 (continued)Form 494NOTICE TO BE SERVED WITH WRIT OF HABEAS
CORPUS ADSUBJICIENDUM (O 82, r 3)In the Supreme
Court of Queensland.(Title as in writ
(if any))Whereas this Court [orthe Honourable Justice C.] has granted
a writof habeas corpus directed to[and
any other person having thecustody of A.B.]
commanding him or her to have the body of A.B. beforethesaidCourt[orbeforeJusticeC.(ortheHonourabletheChamberJudge)]attheSupremeCourtHouse,Brisbane,[orRockhampton,TownsvilleorCairns], immediately [oronday thedayofato’clock in thenoon] to undergo
(etc. as in writ).Now
take notice, that you are hereby required to have the body of
thesaid A.B. before the said Court [orbefore the said Judge as aforesaid]
ontheday of, at the hour
ofin thenoon,and
to make a return to the said writ; or in default thereof, the said
Courtwillthen,orsosoonafterascounselcanbeheard,bemovedforanattachment against you for your
contempt in not obeying the said writ.Datedetc.(To
be signed by the solicitor for the personapplying for the
writ.)To (the persons to
whom the writ is directed, and any other person uponwhom
it may be deemed necessary to serve the writ.)
820Rules of the Supreme CourtSCHEDULE 1 (continued)Form 495AFFIDAVIT OF SERVICE OF WRIT OF HABEAS
CORPUS ADSUBJICIENDUM(Title as in writ (if any))I, G.H., ofetc.
make oath and say as follows—1. I did on
theday ofat, in
the State,serve C.D. with a writ of habeas corpus
issued out of and under the seal ofthis Honourable
Court, directed to the said C.D., by delivering such writ ofhabeas corpus to the said C.D. personally
(or as the case may be).2.Thepaperwritingnowproducedandshowntomeandmarked“A”,
is a true copy of the said writ.3. I did at the
same time serve the said C.D. with a notice, a copywhereof is now produced and shown to me and
marked “B”, byetc.Form 496RETURN TO WRIT OF HABEAS CORPUS AD
SUBJICIENDUM(O 82, r 4)Endorse the writ
thus—In obedience to the within writ I have
the body of the within-namedA.B. here in
court to be further dealt with according to law.
821Rules of the Supreme CourtSCHEDULE 1 (continued)Form 497AFFIDAVIT OF NO RETURN TO WRIT OF HABEAS
CORPUS(Title etc. as in form 491)I, A.B., ofetc.
make oath and say as follows—1. I did on
theday ofsearch in the
registry ofthis Honourable Court for a return to a writ
of habeas corpus, lately issuedout of and under
the seal of the Court, directed tocommandinghim or her to
have the body ofbefore this Court immediatelyto
undergo (etc. as the case may be), but no return
was then filed or made tothe same.2. The
saidverily believe.has not in any
manner obeyed the said writ, as IForm 498PRAECIPE FOR WRIT OF HABEAS CORPUS(Title as in writ)Seal, in pursuance of order datedetc. a writ of habeas corpus
directedtoetc. to bring A.B.
before the Supreme Court at Brisbane (or as the
casemay be) onetc.Datedetc.(To
be signed by the party or the party’s solicitor.)
822Rules of the Supreme CourtSCHEDULE 1 (continued)SECTION 6—WRIT
OF ASSISTANCEForm 499WRIT OF
ASSISTANCEIn the Supreme Court of Queensland.ELIZABETH THE SECOND ETC.To A.B., and to
all police officers of Our State, and all other Our loyalsubjects in the said State:(See form in the Customs Act 1901
(Cwlth),schedule 3)Form
500PRAECIPE FOR WRIT OF ASSISTANCEIn
the Supreme Court of Queensland.Seal a writ of
assistance for the aid of A.B., an officer of Customs (oras the case may be).Datedetc.Order datedetc.(To be signed by
the solicitor for the applicant.)
823Rules of the Supreme CourtSCHEDULE 1 (continued)PART 21—FORMS
RELATING TO PROCEEDINGSUNDER THE ESCHEAT ACT 1891Form
501WRIT OF INQUISITIONIn the Supreme
Court of Queensland.ELIZABETH THE SECOND ETC.To
the Judge of the District Court holden at T. (or as the case
may be):Greeting:WhereasithasbeenallegedtousinOurSupremeCourt[atRockhampton, TownsvilleorCairns] that one A.B., late of, in
Oursaid State, who died onetc.
was at the time of his or her death seized ofcertain lands in
Our said State, and that the said A.B. died intestate
withoutleaving any next of kin (orasthecasemaybe), whereby the
said landshave escheated to Us.NowthereforeWe,beingmindedtobeinformedofthetruthconcerning the premises, Command you that you
proceed forthwith [with ajury of 4 persons] to make diligent
inquiry concerning the matters aforesaid;andthatyoucertifytoUs,inOursaidSupremeCourtatBrisbane[orRockhampton, TownsvilleorCairns] under your hand and seal,
forthwithafter such inquiry, the facts which you shall
ascertain touching the death ofthe said A.B.,
the lands whereof he or she was seized at the time of his orher
death, the failure of his or her next of kin (orasthecasemaybe),together with such other facts as shall be
necessary to determine whether hisor her said lands
have escheated to Us or no.And have you
then there this writ.Witnessetc.This writ was issued by (etc.
as in the case of a writ of summons).[To be endorsed by a Crown Law
Officer—Let this writ issue:A.B.,Attorney-General;
824Rules of the Supreme CourtSCHEDULE 1 (continued)If the writ is
addressed to a District Court Judge without a directionfor a
jury, to be further endorsed—By order of the
Court [orof the Honourable Justice C.]].Datedetc.Form 502PRAECIPE FOR
WRIT OF INQUISITIONIn the Supreme Court of Queensland.Seal
a writ of inquisition directed to the Judge of the District
Courtholden at T. [with a jury] (or
as the case may be) to inquire whether uponthedeathofA.B.,lateofetc.(orasthecasemaybe),certainlandsescheated to Her
Majesty.Datedetc.(To be signed by
a Crown Law Officer.)If the writ is addressed to a District
Court Judge without a directionfor a
jury,add—By order of the
Court [orof the Honourable Justice C.].Datedetc.
825Rules of the Supreme CourtSCHEDULE 1 (continued)Form 503CERTIFICATE OF RESULT OF INQUISITION (O 83,
r 10)The certificate and return of G.W.P. to the
within [orannexed] writ ofinquisition.I, G.W.P.,
[Judge of District Courts] the person to whom the said writis
directed, do most humbly certify and return to Our Sovereign Lady
theQueen that in obedience to the said writ I
did onetc. atetc.
[with a jury of4 persons] make diligent inquiry touching the
several matters in the saidwrit specified,
and that upon such inquiry it appeared:1. That A.B.,
late ofetc. died atonetc. intestate.2. That the said
A.B. was at his or her death seized of certain landwithin the State, namely, (describe it).3.
That the said A.B. left no next of kin.All which I
hereby certify.Given under my hand and seal at B.,
thisday of19.
826Rules of the Supreme CourtSCHEDULE 1 (continued)Form 504NOTICE OF OBJECTION TO CERTIFICATEIn
the Supreme Court of Queensland.In the matter of
the lands of A.B. alleged tohave escheated
to Her Majesty.I,C.D.,ofetc.(state residence and description),
hereby give noticethat I object to the certificate filed
onetc. in return to a writ of
inquisitionissued onetc.
touching the lands of the abovenamed A.B., on the followinggrounds—1. I deny
thatetc.2. I deny
thatetc.(State the allegations of fact in the
certificate which are denied).[or1. That I was
not allowed to be heard at the inquiry held under thesaid
writ:2. That due notice of the holding of the
inquiry under the said writwas not given
(or as the case may be)].Datedetc.C.D. [orX.Y., solicitors for the said C.D.]The
address for service of the said C.D. is (etc. as in the
case of anentry of appearance to a writ of
summons).
827Rules of the Supreme CourtSCHEDULE 1 (continued)PART 22—FORMS
RELATING TO COMMITTALFOR CONTEMPT OF COURTForm
505WARRANT TO ARREST TO ANSWER CHARGE OF
CONTEMPT(O 84, rr 1 and 5)In the Supreme
Court of Queensland.19. (Here
put the number)(Title of cause
or matter)To the sheriff of Queensland.Whereas it is alleged that the abovenamed
C.D. (or as the case maybe)
has been guilty of a contempt of this Court, and a motion for his
or hercommittal for such contempt is to be made to
this Court onetc.And whereas it
has been made to appear to me that the said C.D. islikelytoabscondorotherwisewithdrawhimselforherselffromthejurisdiction of the Court.These are therefore to command you to arrest
the said C.D., and safelykeep him or her in your custody until
he or she shall have given security toyour satisfaction
in the sum of £ ($) to appear in person in this Court on thedayaforesaidandanswerthechargeofcontemptallegedtohavebeencommitted by him or her, and to submit to the
judgment of the Court.And all police officers in the State
are required to aid and assist you thesaid sheriff in
the premises.And the sheriff or any such police officer
may deliver the accusedperson to the superintendent of any
prison and such superintendent shallreceive the said
accused person and the accused person safely keep in thesaid
prison until such time as the Court or the sheriff shall
direct.And in what manner you, the said sheriff,
shall have executed thiswarrant you are to report to the Court
forthwith after the execution thereof.
828Rules of the Supreme CourtSCHEDULE 1 (continued)Andforobediencethethedirectionshereincontainedthisshallbesufficient warrant to you and any of you who
shall obey the same.Given under my hand at,
thisday of.P.A.C., J.Form 506RECOGNISANCE TO APPEAR TO ANSWER CHARGE
OFCONTEMPTBe it remembered
that onetc. C.D., E.F., and G.H. (etc.
insert nameof party and his or her bail)
came before me, 1 of Her Majesty’s justices ofthepeacefortheState(orasthecasemaybe),andacknowledgedthemselves to owe
to Our Lady the Queen the several sums following, thatis to
say: the said C.D. the sum of £ ($), and the said E.F. and G.H.
thesum of £ ($) each, of lawful money of
Australia, to be levied upon theirseveral goods,
chattels and lands to the use of Our said Lady the Queen,Her
heirs and successors upon condition that if the said C.D. shall
appear inperson in the Supreme Court, at Brisbane
[orRockhampton, TownsvilleorCairns],onetc.andanswerachargeofcontemptallegedtohavebeencommitted against the said Court, and shall
appear from day to day in thesaidCourt,andnotdepartthesaidCourtwithoutleave,thenthisrecognisance shall be void but otherwise
shall remain in full force.Takenetc.
829Rules of the Supreme CourtSCHEDULE 1 (continued)Form 508WARRANT OF COMMITTAL (O 84, rr 5 and
9)(Title of cause or matter)WhereasbyanordermadebythisHonourableCourt[orbytheCircuit Court at T.], it was ordered
that [the abovenamed defendant] C.D.shouldstandcommittedtoHerMajesty’sprisonatB.forhisorhercontempt in the
said order mentioned.Thesearetherefore,inpursuanceofthesaidorder,torequireandcommand you, the sheriff, forthwith, upon
receipt hereof, to make diligentsearch for the
said C.D., and wheresoever you shall find him or her to
arresthim or her and safely convey him or her to
Her Majesty’s said prison at B.And these are
further to require and command you, the superintendentof
the said prison, to receive the said C.D. and him or her safely to
keepuntil he or she shall be discharged according
to law.And all police officers in the State are
required to aid and assist you thesaid sheriff in
the premises.And in what manner you, the said sheriff,
shall have executed thiswarrant you are to report to the Court
forthwith after the execution thereof.Andforobediencetothedirectionhereincontainedthisshallbesufficient warrant to you and any of you who
shall obey the same.Dated thisday of,
19.By the Court,(L.S.)Registrar.[orGiven under my hand at,
thisday of, 19.P.A.C., J.]To the sheriff of
Queensland and to the superintendent of Her Majesty’sPrison at B.
830Rules of the Supreme CourtSCHEDULE 1 (continued)PART 23—SERVICE
OF FOREIGN LEGAL PROCESSIN QUEENSLANDForm 509CERTIFICATE OF SERVICE OF FOREIGN PROCESS (O
11, r 5)I,, registrar of the Supreme Court,
hereby certify thatthe documents annexed hereto are as
follows—(1)the original letter of request for
service of process receivedfrom the court
or tribunal at, in the,of, in the matter of,versus;and(2)the process
received with such letter of request; and(3)the
evidence of service uponin such letter of request.,
the person namedAnd I certify that such service so proved,
and the proof thereof, aresuchasarerequiredbythelawandpracticeoftheSupremeCourtregulating the service of Queensland legal
process in Queensland, and theproof
thereof.And I certify that the cost of effecting
such service amounts to the sumof £ ($).Dated thisday of,
19.Registrar.
831Rules of the Supreme CourtSCHEDULE 1 (continued)PART
24—OBTAINING EVIDENCE FOR FOREIGNTRIBUNALSForm
511CERTIFICATE OF REGISTRAR CERTIFYING
DEPOSITIONSIn the Supreme Courtof
QueenslandIn the matter ofForeignTribunalsEvidenceAct
1856Inthematterofa[civilorcommercialorcriminal]proceedingnowpendingbefore(description of foreign tribunal)Between A.B.plaintiff.andC.D.defendantI,, registrar of the Supreme Court,
hereby certify that thedocuments annexed hereto are (1) the
original order of the Supreme Court,dated theday
of, 19, made in the
matterofpending in theatin
theofdirecting the examination of certain
witnesses to be takenbefore; and (2) the
examination anddepositions taken bythe saidpursuant to the said order, and duly signed
andcompleted by him or her on theday
of, 19.Dated thisday of,
19.Registrar.
832Rules of the Supreme CourtSCHEDULE 1 (continued)PART 25—FORMS
RELATING TO TAXATION OFCOSTSForm 512APPOINTMENT FOR DIRECTIONS (O 91, r
40)I appointtheday
of19atthenoon
at the taxing office Supreme Courtregarding the
attached bill of costs.o’clock infor
directionsDated thisday of19.TAXING
OFFICERNOTE:1If a
person intends to object to any item in the bill of costs on
thetaxation, notice of the objection is
required to be filed in the SupremeCourt registry
and served on the party delivering the bill of costs atleast 2 clear days before the above date for
directions. (O 91, r 41A).2A date and time
for taxation of the bill of costs will be given by thetaxing officer on the date appointed for
directions. (O 91, r 41).3Failure to
attend or be represented on the date appointed for
directionsor on the taxation may mean that the taxing
officer may allow ordisallow the amount of the costs in
the bill of costs in whole or inpart.
833Rules of the Supreme CourtSCHEDULE 1 (continued)Form 513NOTE
ABOUT TAXATION OF COSTS (O 91, r 121)The plaintiff’s
(or as the case may be) costs ordered
to be paid by thedefendant (or as the case
may be) have been taxed and allowed at $asappears by the taxing officer’s
certificate filed on thedayof19.RegistrarPART
26—FORMS FOR ADR PROCESSESForm 514(o 99 r
2)APPLICATION FOR APPROVAL AS MEDIATORI,
(insert full name and address and contact
phone number), apply to beapprovedasamediatorfordisputesarisingintheSupremeCourtofQueensland.IbelieveIamasuitablepersontobeapprovedasamediator.Myqualifications and experience are—(State qualifications and experience
that make yousuitable to be approved as a
mediator.)My fee for mediating disputes is
(insert fee and show whether hourly ordaily
and any minimum fee)(Date and sign the
application)
834Rules of the Supreme CourtSCHEDULE 1 (continued)Form 515(o
99 r 3)APPLICATION FOR APPROVAL AS CASE
APPRAISERI, (insert full name and address and
contact phone number), apply to beapproved as a
case appraiser for disputes arising in the Supreme Court ofQueensland.I believe I am a
suitable person to be approved as a case appraiser.I am
a(barrister/solicitor) of (insertnumber)
years standing.My qualificationsand experience
are—(State qualifications and experience
that make yousuitable to be approved as a case
appraiser.)My fee for appraising disputes is
(insert fee and show whether hourly ordaily
and any minimum fee)(Date and sign the
application)Form 516(o 99 r
5(1))VENUE PROVIDER’S NOTICEI, (insert full name and address and contact
phone number), give notice tothe registrar
that I am the (owner/lessee) of a venue at
(insert address) thatis
suitable for use for mediations and case appraisals.The
venue (insert description of venue and available
facilities eg telephones,fax machines, parking)Myfeeformakingthevenueavailableis(insertfeeandshowwhetherhourly or daily
and any minimum fee)(Date and sign the
notice)
835Rules of the Supreme CourtSCHEDULE 1 (continued)Form 517NOTICE OF FEE CHANGE(o 99 r
5(3))I,(insertfullnameandaddressandcontactphonenumber),amanapprovedmediator/anapprovedcaseappraiser/avenueproviderfordisputes arising in the Supreme Court of
Queensland.I give notice that on and from (insert date which must be at least 4
weeksafterthisformisfiledwiththeregistrar)myfeefor(actingasamediator/caseappraiser/makingthevenueat(insertaddress)available)will
be (insert fee and show whether hourly or daily
and any minimum fee)(Date and sign the
notice)
836Rules of the Supreme CourtSCHEDULE 1 (continued)Form 518(o
99 r 6)CONSENT ORDER1.(Insert names of parties)
agree to participate in, and act reasonably andgenuinely in, a
(mediation/case appraisal) to be
conducted at (insert time ofcommencement and
address of venue).2.The(mediator/caseappraiser)is(insertnameorstatethatthemediator/case appraiser is to be
selected by the parties).3.Copies of the following documents are
attached to this order to help the(mediator/caseappraiser)tounderstandthedispute,theissuesandthepresent stage of the proceeding—(attach enough information about
pleadings, statements of issue orother documents
to inform the mediator/case appraiser of thedispute and the
present stage of the proceeding)4.Theperiodof(mediation/case
appraisal)isagreedatamaximumof(insert number of
hours or days) and may extend beyond the period
onlywith the authorisation of the parties.—OR—4.Theestimatedmaximumperiodofthe(mediation/case
appraisal)is(insert period).5.The costs of the (mediation/case
appraisal) are agreed at (insertlumpsum).—OR—5.The
costs of the (mediation/case appraisal) are agreed at
$(per houror day) up
to a maximum of (insert number of hours or days).—OR—5.The
parties agree to negotiate a fee with (insert name of
mediator/caseappraiser).
837Rules of the Supreme CourtSCHEDULE 1 (continued)6.The
parties agree to pay the following percentages of the costs—(name of party)(insert %)(name of party)(insert %)7.The parties must pay (their respective percentages of the
costs/the feenegotiated by the parties with the
mediator/case appraiser) to the registrarby (insert date not later than 7 days after the
date of the order)8.The parties
agree that no hearing date may be given to this matter until
the(mediatororappraiser’s) certificate is
filed in the registry or until furtherorder.
838Rules of the Supreme CourtSCHEDULE 1 (continued)Form 519(o
99 rr 10(5) and 21(4))REFERRING ORDER1.(Insert names of parties)
are directed to participate in, and act reasonablyand
genuinely in, a (mediation/case appraisal) to be
conducted at (inserttime of
commencement and address of venue).2.The(mediator/caseappraiser)is(insertnameorstatethatthemediator/case appraiser is to be
selected by the parties).3.Copies of the following documents are
attached to this order to help the(mediator/case appraiser)—(attach enough information about
pleadings, statements of issue orother documents
to inform the mediator/case appraiser of thedispute and the
present stage of the proceeding)4.Theperiodof(mediation/case
appraisal)isfixedatamaximumof(insert number of
hours or days) and may extend beyond the period
onlywith the authorisation of the parties.—OR—4.Theestimatedmaximumperiodofthe(mediation/case
appraisal)is(insert period).5.Thecostsofthe(mediation/case appraisal)arefixedat(insertlumpsum).—OR—5.The costs of the (mediation/case
appraisal) are fixed at $(per
hour orday) up to a maximum of (insert number of hours or days).—OR—5.Thepartiesaretonegotiateafeewith(insertnameofmediator/caseappraiser).
839Rules of the Supreme CourtSCHEDULE 1 (continued)6.The
parties are to pay the following percentages of the costs—(name of party)(insert %)(name of party)(insert %)7.The parties must pay (their respective percentages of the
costs/the feenegotiated by the parties with the
mediator/case appraiser) to the registrarby (insert date not later than 7 days after the
date of the order)8.Nohearingdatemaybegiventothismatteruntilthe(mediatororappraiser’s) certificate is
filed in the registry or until further order.
840Rules of the Supreme CourtSCHEDULE 1 (continued)Form 520(o
99 r 18)MEDIATOR’S CERTIFICATEI, (insert name of mediator), certify
that—1.(Insertnameofparties) have
participated in a mediation before meand the procedure
has finished. The partieshave/have notresolved
(theirdispute/part of
their dispute).—OR—1.(Insertnameofparties) have
participated in a mediation before meand I cannot
usefully take the resolution of their dispute any further.1—OR—1.(Insertnameofpartyorparties)didnotattendthemediationasordered.2.(Insert if appropriate)
The terms of their agreement are enclosed in theattached sealed (inserttypeofcontainer)marked‘Mediationagreement.Not to be opened
without an order of the Supreme Court or a Judge. CourtFile
No.. . .’.—OR—2.(include any
other relevant matter for report).(Date and sign the certificate)1Nocommentshouldbemadeabouttheextenttowhichapartyparticipatedorrefused to participate in the
mediation.
841Rules of the Supreme CourtSCHEDULE 1 (continued)Form 521(o
99 r 29)CASE APPRAISER’S CERTIFICATEI,
(insert name of case appraiser),
certify that—1.(Insertnameofparties) have
participated in the reference to me oftheir dispute and
the procedure has finished.—OR—1.(Insert name of
party or parties) did not participate in the
procedure.—OR—1.The procedure
could not be finished because (state
reasons).2.(Insert if appropriate) I have
provisionally decided the proceeding andmy decision is
enclosed in the attached sealed (inserttypeofcontainer)marked ‘Appraiser’s Decision.Not
to be opened without an order of theSupreme Court or
a Judge.Court File No.. . .’.—OR—2.(include any other relevant matter for
report).(Date and sign the
certificate)
842Rules of the Supreme CourtSCHEDULE 1 (continued)Form 522(o.99 r.30)NOTICE OF
ELECTION TO GO TO TRIALI, (insert full
name), am a party to a dispute and attended at a
case appraisalon (insert date) conducted by
(insert name of case appraiser).I am dissatisfied with the case
appraiser’s decision and elect to go to trial.(Date
and sign the notice)
843Rules of the Supreme Court¡SCHEDULE 2†SCALE OF COSTSo 6 r 8, o 15 r
16,o 47 r 16, o 91 r 30General care and
conduct1.Inadditiontoanamountthatistobeallowedunderanotheriteminthisschedule,theamountthatistobeallowed for a solicitor’s care and conduct
of a proceedingis the amount that the taxing officer
considers reasonablehaving regard to the circumstances of
the case including,for example—(a)the
complexity of the matter; and(b) the
difficulty and novelty of any question raised in thematter; and(c)the
importance of the matter to the party; and(d) the amount
involved; and(e)theskill,labour,specialisedknowledgeandresponsibility involved in the matter
on the part of thesolicitor; and(f)thenumberandimportanceofthedocumentsprepared or
perused (without regard to length); and(g) the time
spent by the solicitor; and(h)
researchandconsiderationofquestionsoflawandfact.Drawing2.Drawing an originating process,
interlocutory application,brief to counsel, or other
document—each folio. . . . . . .$5.10
844Rules of the Supreme CourtSCHEDULE 2 (continued)Engrossing or
typing3.Engrossinganoriginatingprocess,interlocutoryapplication,brieftocounselorothernecessarydocument—each folio. . . . . . . .
. . . . . . . . . . . . . . . . . . .4.Preparing an exhibit marking—each
exhibit. . . . . . . . . .Copies5.(1)Eachpageofthetotalnumberofpagescopiedinaproceeding,
including carbon or photographic copy, thatthe taxing
officer considers necessary—(a)for
pages 1 to 20. . . . . . . . . . . . . . . . . . . . . .
. . . . . .(b) for pages 21 to 50. . . . . . . .
. . . . . . . . . . . . . . . . . . .(c)for
pages 51 to 100. . . . . . . . . . . . . . . . . . . . . .
. . . .(d) after page 100. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .(2)In
subitem (1)—“proceeding”meansallofaproceedinginacourt(whether or not
between parties), including—(a)anincidentalproceedinginthecourseof,orinconnection with,
a proceeding; and(b) an appeal or stated case.Perusals6.Perusal of a document when necessary—each
folio. . . .7.Ifitisnotnecessarytoperuseadocument—forexamining or
comparing a document—(a)if by a
solicitor—for each quarter hour. . . . . . . .
. . .(b) if by a clerk—for each quarter hour . .
. . . . . . . . . . . .Service8.(1)Personal service, by a solicitor or an
employee, of adocument of which personal service is
required. . . . . . .(2)If
the taxing officer considers that another amount isreasonable(havingregard,forexample,tothedistancetravelled,thetimeinvolved,andthenumberofattendances necessary to effect
service)—the amount thatthe taxing officer considers
reasonable.1.501.501.501.201.000.801.5032.509.6028.00
845Rules of the Supreme CourtSCHEDULE 2 (continued)(3)Ifmorethan1documentisserved,only1feeforservice is allowable.9.(1)Service of a document at the office of
the solicitor ontherecord,theaddressforserviceofapartyor,byarrangement, through a document
exchange. . . . . . . . . .(2)Service of a document by post . . . . . . .
. . . . . . . . . . .(3)Ifmorethan1documentisserved,only1feeforservice is allowable.18.3011.20Attendances10.Attendance—(a)to
file or deliver a document, obtain an appointment,insert an advertisement, or settle a rule of
court, orderor judgment; or(b) to search;
or(c)to do something of a similar
nature;if capable of being performed by a
clerk. . . . . . . . . . . . .11.Attendance by telephone that does not
involve the exerciseof skill or legal knowledge . . . . .
. . . . . . . . . . . . . . . . . . .12.Attendance in court, at a compulsory
conference or beforetheregistrarbyasolicitorwhoappearswithoutcounsel—each quarter hour . . . . . . . . .
. . . . . . . . . . . . . .13.Attendance in
court, at a compulsory conference or beforethe registrar
by—(a)asolicitorwhoappearswithcounsel—eachquarterhour
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .(b) a clerk who appears with counsel—each
quarter hour14.(1)If a hearing or
trial is not—(a)in Brisbane, Cairns, Rockhampton or
Townsville; or(b) in the town where the solicitor resides
or carries onbusiness;asolicitoristobeallowed,foreachday(otherthanaSaturday or Sunday or a day of the
hearing or trial) thatthe solicitor is necessarily absent
from his or her place ofbusiness, for time employed in
travelling (to and from thehearing or
trial) and in waiting . . . . . . . . . . . . . . . . . . . .
.18.3011.7032.5032.509.60661.00
846Rules of the Supreme CourtSCHEDULE 2 (continued)(2)Iftheperiodofabsenceislessthanafullday,theamount is to be determined on a pro
rata basis, but is nottobelessthanonehalfoftheamountspecifiedinsubitem (1).(3)A
solicitor to whom subitem (1) applies is also to beallowedreasonableexpenses(besideactualreasonablefares or
payments for transport) for each day of necessaryabsence including Saturdays and
Sundays.(4)If the solicitor has to attend more
than 1 hearing ortrial at the same time and place, the
allowances are to berateably divided.(5)Ifaclerkattendsinsteadofasolicitor,theamountallowedistobetheamountthatthetaxingofficerconsiders reasonable.15.Attendanceoncall-overofmatterstobeheardatthesittings of the court. .
. . . . . . . . . . . . . . . . . . . . . . . . . . .16.Other attendances—(a)if
by a solicitor, involving skill or legal knowledge—for
each quarter hour. . . . . . . . . . . . . . . . . . . . . .
. . .(b) if by a clerk—for each quarter hour . .
. . . . . . . . . . . .Correspondence17.(1)Shortletterofaformalnature,writtenorreceived,forwardingdocumentswithoutcommentortothelikeeffect. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .(2)Anordinaryletter,writtenorreceived,includingaletter between principal and
agent. . . . . . . . . . . . . . . . . .(3)A special letter. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .(4)Ifthetaxingofficerconsidersthatahigheramountthanthatmentionedinsubitem(3)isreasonable—theamount that the
taxing officer considers reasonable.(5)Inadditiontothechargesmentionedinthisitem,allowanceistobemadeforthenecessaryexpenseofpostage, carriage and transmission of
documents.(6)For facsimile transmissions, the
allowance is—for the first page . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .for each
additional page . . . . . . . . . . . . . . . . . . . . . .
.32.5032.509.609.1018.3025.505.601.50
847Rules of the Supreme CourtSCHEDULE 2 (continued)(7)The
allowance for correspondence between offices ofthesamefirmofsolicitorsistheallowancethatwouldhave been
allowable if an agent had been engaged and theengagementwasnormalandreasonableinthecircumstances.Disbursements18.Court fees and other fees and payments, to
the extent thatthey have been reasonably incurred and paid,
are to beallowed.General19.(1)In a
case—(a)not otherwise provided for in this
schedule; or(b) if the taxing officer considers that the
relevant fee isinappropriate in the circumstances;the
taxing officer may allow the fees for attendances andinstructions, drawing and copying documents
(includingcasesfortheopinionofcounsel)andperusalsthatthetaxing officer considers
reasonable.(2)If, in an item, a charge is determined
on a per quarterhour basis, the taxing officer is to allow
the charge for thefirst quarter hour and after that is to
apportion the chargeon a pro rata basis.Witnesses20.(1)Subjecttoitem23,attendancebyamedicalpractitioner,oranotherprofessionalwitness,togiveevidenceofaprofessionalnature,ifnecessarilyabsentfrom
his or her place of residence or practice—for eachday’s absence . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .(2)Iftheperiodofabsenceonanydayislessthan7
hours, the amount to be paid is—(a)for
the first 3 hours or part of 3 hours . . . . . . . . . . . .(b)
for more than 3 but not more than 4 hours. . . . . . .
.(c)for more than 4 but not more than 5
hours. . . . . . . .(d) for more
than 5 but not more than 6 hours. . . . . . .
.151.0056.0076.0094.00110.00
848Rules of the Supreme CourtSCHEDULE 2 (continued)(e)for
more than 6 but not more than 7 hours. . . . . . .
.(3)If the witness is required to travel,
actual travellingtime is to be taken into account in
determining the totalperiod of absence.21.(1)Subject to item 23, attendance by an
interpreter to giveskilled evidence or to act as an
interpreter—for each day .(2)Iftheinterpreterattendsonanydayfor8hoursorless, the interpreter is to be
paid—(a)for the first 2 hours or part of 2
hours . . . . . . . . . . . .(b) for each
hour or part of an hour after the first 2 hours22.Subject to item 23, the amount that is to be
paid to otherwitnesses is—(a)if
the witness is 16 or older—for each day or part of aday
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .(b) if the witness is less than 16—for each
day or part of aday . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .23.(1)If the taxing officer considers that,
in addition to anamount payable to a witness under item 20,
21 or 22, it isreasonable for a further amount to be paid
to the witnessbecause of special circumstances—that
further amount.(2)It is a special circumstance that a
medical practitioneris a specialist under theMedical Act 1939.(3)If a witness attends 2 or more causes,
the witness isonly entitled to a proportionate payment in
each cause.(4)Travelling expenses are to be allowed
at a reasonablerate.130.00150.0037.0018.3048.0024.00Prescribed
costs24.Costs on issuing a writ of summons
(order 6 rule 8). . .25.Costsofobtainingjudgmentindefaultofappearance(order 6 rule 8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.26.Costs of execution (order 47 rule
16). . . . . . . . . . . . . . .27.Costs of order for leave to proceed
(order 15 rule 16) . . .426.00195.00182.00367.00
849Rules of the Supreme Court¡SCHEDULE 3†SCALE OF FEESo 94 r 2ApplicationA.This
schedule does not apply to or affect fees or percentages
directedtobetakenorpaidbyanActforwhichnofeeorpercentageisspecified in this schedule.B.Part1appliestocontinuingactionsormattersstartedbefore1 October
1982.C.Part2appliestoallactionsormattersstartedonorafter1
October 1982.D.Items 6 to 22, 25 to 29 and 32 to 69
of part 2, also apply to continuingactions or
matters started before 1 October 1982.E.The
sheriff or marshal is not required to pay a fee mentioned in
thisschedule.F.The
fee payable on application for admission as a barrister or
solicitor,includes the filing of all certificates,
affidavits and other documentsthat relate to
the application, administering the oaths of allegiance andof
office, and sealing the certificate of admission.PART
1—REGISTRY FEESSealing documents1.Sealingaconcurrent,renewedoramendedwritofsummons, third party notice or writ of
subpoena. . . . . .2.Sealing a writ other than a writ of summons
. . . . . . . . . .$24.0060.00
850Rules of the Supreme CourtSCHEDULE 3 (continued)3.Sealing a summons (other than an originating
summons)4.Sealing a commission authorised by the
court or a judgeunder an Act or a rule of court, or
exemplification of aproceeding in the court . . . . . . .
. . . . . . . . . . . . . . . . . . . .5.Sealinganotherdocument(otherthanawritorotherdocumentforserviceonapartytoacauseormatter)issued from the
court . . . . . . . . . . . . . . . . . . . . . . . . . . .
.6.(1)Sealing a grant
of probate or letters of administration,with or without
the will. . . . . . . . . . . . . . . . . . . . . .
. . . .(2)Resealing probate or letters of
administration under theBritish Probates Act 1898. .
. . . . . . . . . . . . . . . . . . . . . .(3)Checking fee for each folio of 72
words. . . . . . . . . .7.The
fees mentioned in items 1 to 6 include the filing of allcopies, praecipes or other documents
required to be filedon the sealing or resealing of the
documents concerned.Appearances8.For
each person empowered by law to sue or to be suedFiling
documents9.Filing a special case . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .10.Filing a notice of motion (other than a
notice of motionoriginating a cause or matter or instituting
an appeal). . .11.Filingasupplementaryrequestforprobateorlettersofadministration, with or without the will . .
. . . . . . . . . . . .12.Filingarenunciation,consent,authorityorpowerofattorney. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13.Filinganaffidavitverifyingarenunciation,consent,authority or power of attorney . . . . . . .
. . . . . . . . . . . . . .14.Filing an
affidavit (other than an originating affidavit) . . .15.Filing an exhibit mentioned in an
affidavit or deposition,and required to be filed—for
each exhibit. . . . . . . . . . . . . . . . . . . . . .
. . . . . . .maximum fee. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .16.Filing a submission to arbitration or an
award . . . . . . . . .17.Filing a writ of
execution with return . . . . . . . . . . . . . . . .12.7039.5027.0085.0085.002.0012.7052.0024.0033.5012.709.009.002.0016.0027.0012.70
851Rules of the Supreme CourtSCHEDULE 3 (continued)18.Filing an original will or copy of a will on
an applicationto have the will proved, whether exhibited
to an affidavitor not. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.19.Filing an answer to interrogatories .
. . . . . . . . . . . . . . . . .20.Filing an affidavit of scripts in a probate
action . . . . . . . .21.Preliminary act
in an action for damages by collision. . .22.Depositing, in a cause or matter, any
documents orderedtobedepositedforsafecustodyortobeimpounded—each document . . . . . . . . . .
. . . . . . . . . . . .23.Receiptforadocumentmentionedinitem22whendelivered
out. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .24.Filing a
caveat. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .25.Withdrawing a
caveat. . . . . . . . . . . . . . . . . . . . . .
. . . . .26.Filing an entry of appeal or entry of
another matter forhearing before the Court of Appeal. .
. . . . . . . . . . . . . . .27.(1)Filing an entry of trial
including—(a)anadmiraltyactionfortrialbeforeajudgewithorwithout a jury, or assessors;
or(b) anelectionpetitionfortrialbeforeajudgewithorwithout a jury, or assessors;
or(c)an inquiry before a special
referee. . . . . . . . . . . . . . .(2)The fee is in addition to any fee
payable under theJuryAct 1995.28.Filing a
document (other than an originating document)for which no
other fee is provided . . . . . . . . . . . . . . . . . .12.7012.7024.0024.0012.7012.7027.0012.7012.7012.7012.70Public searches
and inspections29.Search for appearance. .
. . . . . . . . . . . . . . . . . . . . . . . . .10.00Settling
lists30.Settling a list of shareholders
entitled to a return, if there isan amount to be
returned, or a list of contributories—foreach person
settled . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.31.Settling under any legislation
relating to corporations, thelistofcreditorsofalimitedcompanythatproposestoreduce its capital . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .4.00136.00
852Rules of the Supreme CourtSCHEDULE 3 (continued)Hearing32.SettingdownamatterforhearingbeforetheCourtofAppeal . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .33.(1)Entering an action, including—(a)anadmiraltyactionfortrialbeforeajudgewithorwithout a jury, or assessors;
or(b) anelectionpetitionfortrialbeforeajudgewithorwithout a jury, or assessors;
or(c)an inquiry before a special
referee. . . . . . . . . . . . . . .(2)The fee is in addition to any fee
payable under theJuryAct 1995.34.Setting down a
motion (other than an originating motion)for hearing
before a judge. . . . . . . . . . . . . . . . . . . . . .
. .110.0079.0052.00Filing decree,
order or judgment35.Filing any decree, order or judgment .
. . . . . . . . . . . . . . .93.00Miscellaneous36.Fiat
of a judge or memorandum of the registrar. . . . . .
.37.Signing, settling or approving an
advertisement or notice38.Examiningarecordofproceedingsonappealforthepurpose of certifying the record—each
page. . . . . . . . . .12.7027.009.00PART
2—REGISTRY FEESInitiating process1.Filing—(a)a
writ of summons beginning an action; or(b) an
originating summons; or(c)a petition;
or(d) an affidavit originating an application
or matter; or(e)an originating notice of motion;
or(f)an originating application . . . . . .
. . . . . . . . . . . . . . . .$156.00
853Rules of the Supreme CourtSCHEDULE 3 (continued)Administration2.Filing—(a)a
request for probate or letters of administration withor
without the will. . . . . . . . . . . . . . . . . . . . . .
. . . . .(b) anaffidavitoriginatinganapplicationforresealingprobate or
letters of administration under theBritishProbates Act 1898. . . . . . . .
. . . . . . . . . . . . . . . . . . .(c)a
request for an order to administer under thePublicTrustee Act 1978. . . . . . . .
. . . . . . . . . . . . . . . . . . . .(d) an election
under thePublic Trustee Act 1978or theTrustee Companies Act 1968. .
. . . . . . . . . . . . . . . . .244.00189.00166.0056.00Hearing3.(1)Entering an
action, including—(a)anadmiraltyactionfortrialbeforeajudgewithorwithout a jury, or assessors;
or(b) anelectionpetitionfortrialbeforeajudgewithorwithout a jury, or assessors;
or(c)an inquiry before a special
referee. . . . . . . . . . . . . . .(2)The fee is in addition to any fee
payable under theJuryAct 1995.(3)If the action is
entered on a commercial causes list thefee is payable
on the allocation of trial dates by the judgein charge of the
list.244.00Appeals
etc.4.Filing—(a)anoticeofentryofdemurrer,noticeofentryofspecialcase,noticeofmotionorotherdocumentinstituting an appeal to the Court of Appeal
. . . . . . . .(b) anoticeofentryofdemurrer,noticeofentryofspecialcaseornoticeofmotionorotherdocumentinstituting an appeal to a judge . . . . . .
. . . . . . . . . . . .222.00155.00
854Rules of the Supreme CourtSCHEDULE 3 (continued)Articles5.Filing—(a)articles of clerkship. . . . . . . .
. . . . . . . . . . . . . . . . . .(b) assignment
of articles. . . . . . . . . . . . . . . . . . . . . .
. .155.0044.00Opening registry6.Foropeningtheregistry,orkeepingtheregistryopenafter hours—(a)onaSaturday,Sunday,publicholidayorcourtholiday . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.(b) on another day—(i)before 8 a.m. or after 6 p.m.. .
. . . . . . . . . . . . . .(ii) between 8
a.m. and 9 a.m. . . . . . . . . . . . . . . . . . .(iii)between 4 p.m. and 6 p.m.. .
. . . . . . . . . . . . . . .222.00222.00111.00111.00Copies7.Officecopyofarecordofthecourtoradocumentorexhibit filed in the registry—(a)for each page. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .(b) maximum
fee. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .8.(1)Sealing and
certifying copy of a record of the court ora document or
exhibit filed in the registry. . . . . . . .
. . . .(2)This fee is in addition to the fee
mentioned in item 7.9.Reasons for judgment—for each page of
a copy issuedout of the registry . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .2.5040.0037.001.60Certificates10.Certificate of the registrar, including a
certificate under theCorporations (Queensland) Rules
1993. . . . . . . . . . . . .37.00Attendance11.(1)For an officer
to attend with a record or document at acourt or place
out of the court building—for each day orpart of a day
the officer is necessarily absent from theregistry . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.(2)The reasonable travelling and other
expenses of theofficer are also payable.111.00
855Rules of the Supreme CourtSCHEDULE 3 (continued)Public searches
and inspections12.Searchinginaregister,index,fileorcalendar,andinspecting documents—(a)for
each hour or part of an hour . . . . . . . . . . . . . . . .
.(b) maximum fee for each day. .
. . . . . . . . . . . . . . . . . .13.Inspectingadocumentorfilesoastoobtainaprecedent—for each document or
file. . . . . . . . . . . . . . .Examination of witnesses and judgment
debtors14.Foreachwitnessorjudgmentdebtorswornandexaminedbyanofficerofthecourtintheofficer’soffice—(a)first hour. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .(b)
each subsequent hour or part of an hour. . . . . . . .
. .15.(1)Examinationofwitnessorjudgmentdebtorbyanofficer of the
court away from the officer’s office . . . . . .(2)The reasonable travelling and other
expenses of theofficer are also payable.Other
references, inquiries and accounts16.Takinganaccountbeforetheregistrarorthetaxingofficer—theamountthattheregistrarortaxingofficerconsiders reasonable, but not more than the
higher of thefees mentioned in paragraph (a) or
(b).(a)for each $300 or part of $300 of the
amount or valuefound to have been received without
deducting anypayment in the cause or matter. .
. . . . . . . . . . . . . . .(b) for each
hour or part of an hour . . . . . . . . . . . . . . . . .17.(1)Ontakinganaccountofareceiver,guardian,consignee,bailee,manager,liquidator,sequestratororexecution creditor, the fees are, on
payment, to be allowedintheaccount,unlessthecourtorajudgeotherwisedirects.(2)Ontakinganaccountofanaccountingpartyotherthan an
accounting party mentioned in subitem (1), thefees—10.0040.0010.0056.0028.00111.003.0062.00
856Rules of the Supreme CourtSCHEDULE 3 (continued)(a)are
to be paid by the party having the conduct of theorder under which the account is taken as
part of thatparty’s costs of the cause or matter (unless
the courtor a judge otherwise directs); and(b)
ifacertificateoftheresultoftheaccountisrequired—are to be taken upon the
certificate; and(c)ifsuchacertificateisnotrequired—aredueandpayable on the account, or part of the
account, taken.18.(1)The officer who
is to take the account may require adeposit on
account of fees.(2)The deposit required must not be more
than the feespayable on the amount that, from the
account, appears tohave been received.(3)Theofficerortheofficer’sclerkmustmakeamemorandum of the deposit in the
account.(4)Fees are not payable twice on the same
amount in thesame cause or matter, but only upon amounts
received orcollected for the first time by the party
accounting.19.(1)The amount of
the fees payable for taking an accountis to be fixed
by the officer taking the account.(2)The
solicitor for the party liable to pay the fees mustcause the fees to be paid.(3)If the party is not represented by a
solicitor, the partymust pay the fees.Taxation of
costs20.Making an appointment for directions
or for taxation of abill of costs. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .20A.Allowing a bill of costs, wholly or
partly, under order 91,rule 41A(4) (for each hour or part of
an hour) . . . . . . . . .21.(1)Taxing a bill of costs—for each $100 or part
of $100allowed. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2)Subjecttosubitem(3),thefeementionedinsubitem (1) is—(a)tobetakenonsigningthecertificateorontheallowance of the
bill of costs as taxed; and27.5062.008.00
857Rules of the Supreme CourtSCHEDULE 3 (continued)(b) if no
certificate is required, due and payable on theamount of the
bill as taxed, or on the amount of suchpart of the bill
as may be taxed; and(c)to be fixed by
the taxing officer; and(d) to be paid by the solicitor or
party suing in person.(3)The taxing
officer may require a deposit on account offees before
taxation.(4)The deposit must not be more than the
fees payableon the full amount of the costs as submitted
for taxation.(5)The taxing officer must make a
memorandum of thedeposit on the bill of costs.22.Certificate of taxing officer. .
. . . . . . . . . . . . . . . . . . . . .37.00Mediators and case appraisers22A.Applicationfeeforapprovalasmediatororcaseappraiser. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.330.00Miscellaneous23.Enrolling a deed poll. . . . . . . .
. . . . . . . . . . . . . . . . . . . .24.Entering a solicitor’s name and other
appropriate detailsin the register of solicitors’
addresses. . . . . . . . . . . . . . .25.Settling and executing a deed of
transfer. . . . . . . . . . . . .26.Postal dealing fee . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .27.(1)Postaldealingfeefordocumentslodgedforfilingunder order
87A—each document . . . . . . . . . . . . . . . . . .(2)Only1feeispayableundersubitem(1)ifseveraldocumentsinthesamecauseormatterarelodgedforfiling at the same time.28.Obtaining a copy of a call-over list. .
. . . . . . . . . . . . . . .29.Preparation and photocopying of documents
for inclusionin an appeal record book—(a)first copy—each page. .
. . . . . . . . . . . . . . . . . . . . . .(b) additional
copies to same party—each page . . . . . . . .(c)binding of appeal record books—each
book. . . . . . .49.0012.7083.0010.0016.0010.001.500.506.60
858Rules of the Supreme CourtSCHEDULE 3 (continued)30.Issuingawritofexecutionfoundedonjudgmentregistered under
theService and Execution of Process Act1992(Cwlth),theCrimesAct1914(Cwlth)andtheForeign
Judgments Act 1991(Cwlth) . . . . . . . . . . . . . . .31.(1)Filing a
document not connected with a matter alreadyon record and
not otherwise provided for in this part. . .(2)Ifafeeispaidundersubitem(1)inrelationtoadocument, a
further fee is not payable under the subitemforfilinganysubsequentdocumentrelatedtothefirstdocument.77.0025.50Sheriff’s and marshal’s feesApplication32.(1)Thesherifformarshalmayrequireadepositonaccount of fees applicable to a
proceeding—(a)before the proceeding is commenced;
or(b) at any time during the course of the
proceeding.(2)Thepersontakingthedepositistomakeamemorandumoftheamountdepositedanddeliverthememorandum to the party making the
deposit.Fees payable in the sheriff’s office33.Takingadefendantunderawritofcapiasadrespondendum. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .34.Lodging or assignment of bail
bond. . . . . . . . . . . . . . . .35.Receiving and entering any writ of
execution. . . . . . . . .36.Search or inspection of a document—in each
action. . . .37.Drawing an advertisement . . . . . . . . . .
. . . . . . . . . . . . . .38.Receiving and
entering a writ of citation, order summons,summonsorotherdocumentissuedoutsidethejurisdictionofthecourtbutforservicewithinthejurisdiction . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .39.Office copy of a writ or other
document—(a)for each page. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .(b) maximum fee
for each office copy. . . . . . . . . . . . . .52.0027.0027.5010.0052.0024.002.5040.00
859Rules of the Supreme CourtSCHEDULE 3 (continued)40.Executing writ of attachment orcapias ad satisfaciendum41.Attending a view not more than 8 km from the
sheriff’soffice. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.42.Attendingaviewmorethan8kmfromthesheriff’soffice. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .43.The actual and necessary payments made
by the sherifffor hire of transport in attending a view
are also payable.44.Each copy of a jury panel. .
. . . . . . . . . . . . . . . . . . . . . .45.Settling and executing a deed of
transfer. . . . . . . . . . . . .46.Openingtheoffice,orkeepingtheofficeopenafterhours—(a)onaSaturday,Sunday,publicholidayorcourtholiday . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.(b) on another day—(i)before 8 a.m. or after 6 p.m.. .
. . . . . . . . . . . . . .(ii) between 8
a.m. and 9 a.m. . . . . . . . . . . . . . . . . . .(iii)between 4 p.m. and 6 p.m.. .
. . . . . . . . . . . . . . .47.*(1)Executing or
attempting to execute a warrant—foreachpersonexecutingorattemptingtoexecutethewarrant . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .(2)The
fee is additional to any travelling fees.48.*(1)Travelling fees
on service of a warrant, process ordocumentforeachkmorpartofakmafterthefirst12 km
necessarily travelled from the court house to theplace of service 1 way. . . . . . . .
. . . . . . . . . . . . . . . . . . .(2)Only
1 travelling fee may be charged if—(a)2 or
more processes lodged at the same time againstthe same person
are served at the same time; or(b) 2 or more
persons are served with the same processat the same time
and at the same address.49.(1)Foreachpersonleftinpossession,theamountactually paid,
but not more than—for each day. . . . . . .
.*(2)If board and
lodging is not supplied—the expensesthatthesheriffconsiderswereactuallyandreasonablyincurred.52.0067.00135.00nil83.00222.00222.00111.00111.0058.002.0058.00
860Rules of the Supreme CourtSCHEDULE 3 (continued)*(3)Other actual and necessary payments made by
thesherifftosecurethesafecustodyofpropertyunderseizure are also payable.(4)No fee is payable to the sheriff or
the sheriff’s bailifffor the custody and possession of
property under seizureif the property is not kept in the
actual possession of thesheriff or the sheriff’s
bailiff.*(5)In relation to
matters arising out of the execution of awarrant,
for—(a)travelling expenses incurred for each
person; or(b) necessary clerical assistance at sales;
or(c) advertising; or(d) if livestock
is levied upon, cost of food or removal toplace of
safekeeping; or(e)necessaryassistancetoorexpenseincurredbyanofficerincludingthehireoftransport,warehouses,yards and
out-of-pocket expenses;theamountthatthesheriffconsiderswasactuallyandreasonably incurred.50.Poundageonexecutingeachwritoffi.fa.orotherprocessunder,orbecauseof,whichanamountisreceived by the sheriff or by the execution
creditor—5%on the first $200 and 2.5% on the remainder,
but not lessthan. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.51.Poundage on executing writ of
possession—the same rateoffeeasunderitem50determinedonannualrentorvalue, but not less than . . . . . . .
. . . . . . . . . . . . . . . . . . . .52.(1)Conveying a person to gaol from the
place of arrest—for each km. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .(2)Other unavoidable expenses involved in
conveying aperson to gaol.53.*(1)Serviceorattemptedserviceofasummons,subpoena or other process—(a)for each person served . . . . . . . .
. . . . . . . . . . . . . . . .83.0083.002.0027.00
861Rules of the Supreme CourtSCHEDULE 3 (continued)(b) for each
additional process served if—(i)2ormoreprocesseslodgedatthesametimeagainstthesamepersonareservedatthesametime; or(ii)
2ormorepersonsareservedwiththesameprocess at the
same time and at the same address(2)Subitem(1)doesnotapplytoaservicetowhichitem 54
applies.54.*Serviceorattemptedserviceofanapplicationandaccompanying documents in a matrimonial
proceeding—(a)for each person served . . . . . . . .
. . . . . . . . . . . . . . . .(b) for each
additional person served, if—(i)2ormoreprocesseslodgedatthesametimeagainstthesamepersonareservedatthesametime; or(ii)
2ormorepersonsareservedwiththesameprocess at the
same time and at the same address55.*(1)Precept to
bailiff in replevin . . . . . . . . . . . . . . . . . . .*(2)Travelling fees
to place of re-delivery, for each km .56.*(1)For time
necessarily spent after the first hour on—(a)serviceofaplaint,summons,subpoenaorotherprocess or
execution of a warrant; or(b) arranging or conducting an
auction;each hour or part of an hour . . . . . . . .
. . . . . . . . . . . . . . .(2)If
the bailiff is a full-time officer of the public serviceand
performs a duty during ordinary working hours theallowance is to be paid to the court.57.In case of dispute as to a fee (other
than a fixed fee), thebill of costs is to be taxed by the
taxing officer withoutfee.*Payable to the bailiff.Fees payable in
the marshal’s office58.‡Executionofawarrant(otherthanawarrantofattachment). . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .59.‡Execution of a
warrant of attachment, for every personattached. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .9.6028.5010.209.102.0012.7040.0052.00
862Rules of the Supreme CourtSCHEDULE 3 (continued)60.Release of any ship, goods or person from
arrest. . . . . .61.Receivingandenteringawritofsummons,warrant,release,decree,order,commissionorotherinstrumentunder the seal
of the court. . . . . . . . . . . . . . . . . . . . . .
. .62.(1)Execution of a
commission of appraisement or sale,or appraisement
and sale. . . . . . . . . . . . . . . . . . . . . .
. . .(2)This fee is in addition to any fee
paid to the appraiseror auctioneer.63.Execution of a decree, order or another
commission orinstrument under order 89, rule 5. .
. . . . . . . . . . . . . . . .64.Deliveringupashiporgoodstothepurchaserinaccordance with an inventory . . . . . . . .
. . . . . . . . . . . . . .65.(1)Attending the discharge of cargo, or sale or
removalof a ship or goods, each day. .
. . . . . . . . . . . . . . . . . . . .(2)If
the amount actually and necessarily spent is higherthan
the fee mentioned in subitem (1)—that amount.66.‡(1)Retainingpossessionofaship,withorwithoutcargo, or of a
ship’s cargo without a ship—for each day .(2)In
addition to the fee mentioned in subitem (1), thereasonableexpensesincurredforashipkeeperinretaining possession of a ship are
also payable.(3)No fee is payable for the custody and
possession ofproperty under arrest—(a)if
it consists of an amount in a bank, or goods storedin a
bonded warehouse; or(b) ifitisinthecustodyofacustomhouseofficerorother authorised person.67.Sale
of a ship or goods sold under a judgment or order ofthe
court—5% on first $200 and 2.5% on the remainder,but
not less than . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . .68.‡(1)Allowance for
time necessarily spent after the firsthour on
execution of warrant—each hour or part of anhour. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .(2)If the marshal’s officer is a
full-time public serviceofficerandperformstheexecutionduringordinaryworking hours,
the allowance is to be paid to the court.27.0066.0083.0083.0052.00107.009.10265.0012.70
863Rules of the Supreme CourtSCHEDULE 3 (continued)69.If
the marshal or marshal’s officer is required to go morethan
8 km from that person’s office to perform a duty,thatpersonisentitledtoreasonableexpensesfortravelling,boardandmaintenance,inadditiontotheabove fees.‡Payable to the marshal’s
officer.
865Rules of the Supreme Court3´AIAamdamdtchdefdivexpgazhdginslapnotfdo in compparaprecpres==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedpageparagraphprecedingpresentprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum==================previouspreviouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1to SL No. 133 of 199529
May 19951Ato SL No. 137 of 19962
August 19961Bto SL No. 292 of 199628
November 19961Cto SL No. 269 of 199721
November 1997
866Rules of the Supreme Court´5Tables in
earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged citations and remade lawsChanged names and titlesComparative
legislationCorrected minor errorsObsolete and
redundant provisionsRenumbered provisionsReprint
No.111111´6List of
legislationRules of the Supreme Courtmade
by the Governor in Council on 10 October 1900pubd gaz 17
October 1900 pp 949–1105commenced 1 January 1901exp 1
July 1999 (see SIA ss 54 and 61)as amended
by—legislation published gazette—(pre SL
Series)3 November 1900 p 1260commenced on date
of publication6 April 1901 p 1228commenced on date
of publication8 June 1901 pp 300–1commenced on date
of publication2 November 1901 p 526commenced 1
January 190229 March 1902 p 1035commenced on date
of publication3 October 1903 pp 638–9commenced on date
of publication26 March 1904 p 1166commenced on date
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of publication
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1917 p 1380commenced on date of publication12
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of publication27 June 1922 pp 1815–9commenced 1 July
19221 March 1924 p 785commenced on date
of publication26 April 1924 p 1233commenced on date
of publication10 May 1924 pp 1334–6commenced 1
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of publication30 January 1926 p 333commenced on date
of publication14 May 1927 p 1691commenced 1 June
192728 May 1927 p 1815commenced on date
of publication27 October 1928 p 1434commenced on date
of publicationJury Act 1929 20 Geo 5 No. 19 s 4 sch
1date of assent 17 December 1929commenced 1 July 1930 (proc pubd gaz 21 June
1930 p 2124)
868Rules of the Supreme Court25
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869Rules of the Supreme Court11
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1952 pp 21–2commenced 12 May 19525 July 1952 p
1304commenced 28 July 195220 December 1952
p 1880commenced on date of publication27
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of publication
870Rules of the Supreme Court9
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1959 p 35–8commenced on date of publication27
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December 1965 pp 1431–649commenced 12 February 196615
January 1966 p 525commenced on date of publication29
January 1966 pp 812–13commenced 12 February 196611
February 1967 pp 453–60commenced on date of
publication25 February 1967 p 745commenced on date
of publication
871Rules of the Supreme Court1
July 1967 p 1063commenced 1 July 19679 March 1968 p
979commenced on date of publication31
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September 1968 p 124commenced 1 October 196820 December 1969
p 1722commenced on date of publication28
February 1970 p 713commenced 1 March 197027 March 1971 p
1237commenced on date of publication12
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March 1974 p 838commenced 4 March 197423 March 1974 pp
1147–54commenced on date of publication31
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August 197523 August 1975 p 1853commenced on date
of publication6 September 1975 p 21commenced on date
of publication27 September 1975 p 291commenced on date
of publication27 September 1975 pp 291–2commenced 1 October 197528 February 1976
pp 739–46commenced on date of
publication
872Rules of the Supreme Court27
March 1976 p 1197commenced on date of publication17
April 1976 p 1526commenced on date of publication27
November 1976 pp 1376–7commenced 1 December 197611
December 1976 pp 1511–18commenced 1 January 19774
June 1977 pp 797–805commenced 14 June 197711 February 1978
pp 492–4commenced on date of publication13
May 1978 pp 324–7commenced 22 May 197829 July 1978 pp
1463–70commenced 1 August 19789 September 1978
p 88commenced on date of publication4
November 1978 p 789commenced 13 November 197816
December 1978 p 1793commenced 1 January 19793 March 1979 p
781commenced on date of publication12
May 1979 p 275commenced on date of publication25
August 1979 pp 2101–8commenced 1 September 197922
September 1979 pp 325–32commenced 1 October 197929
September 1979 p 482commenced on date of publication20
October 1979 p 747commenced 1 November 19797
June 1980 p 928commenced on date of publication6
September 1980 pp 1–16commenced on date of
publication
873Rules of the Supreme Court20
September 1980 pp 211–17commenced 1 October 198027
September 1980 pp 405–12commenced 1 October 19808
November 1980 pp 1095–6commenced 6 November 19807
March 1981 p 771commenced on date of publication6
June 1981 p 1216commenced on date of publication19
September 1981 pp 187–94commenced 1 October 198126
September 1981 pp 283–90commenced 1 October 198113
March 1982 p 1047commenced on date of publication27
March 1982 p 1265commenced 1 April 198222 May 1982 pp
746–7commenced on date of publication29
September 1982 pp 435–8commenced 1 October 198223
October 1982 p 911commenced on date of publication4
June 1983 pp 963–4commenced on date of publication2
July 1983 p 1464commenced on date of publication17
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November 1983 pp 893–901commenced 1 December 198319
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January 1984 pp 197commenced 26 January 1984
874Rules of the Supreme Court7
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September 1984 pp 259–67commenced 1 October 198413
October 1984 pp 700–1commenced on date of
publication20 October 1984 p 786commenced 29
October 198419 January 1985 p 145commenced on date
of publication13 April 1985 p 1988commenced 13 May
19851 June 1985 pp 1012–13commenced on date
of publication1 June 1985 pp 1013–14commenced on date
of publication18 June 1985 pp 1262–70commenced 1 July
198521 December 1985 pp 2121–9commenced 1 January 198625 January 1986
pp 239–40commenced on date of publication21
June 1986 pp 1386–94commenced 1 July 198613 December 1986
p 2157commenced on date of publication20
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publication24 January 1987 p 387commenced on date
of publication30 June 1987 pp 2370–8commenced 1 July
198729 August 1987 pp 3515–24commenced 1 September 198726
December 1987 pp 1909–10commenced on date of
publication13 February 1988 p 780commenced on date
of publication
875Rules of the Supreme Court9
April 1988 pp 2077–83commenced on date of
publication18 June 1988 p 1454commenced on date
of publication25 June 1988 pp 2364–72commenced 1 July
19882 July 1988 pp 2649–51commenced on date
of publication20 August 1988 pp 3444–52commenced 1 September 19883
December 1988 pp 1587–90commenced on date of
publication10 December 1988 p 1663commenced on date
of publication28 January 1989 p 637commenced on date
of publication23 September 1989 pp 706–15commenced 1 October 198921 October 1989
pp 1317–20commenced 1 November 198930
June 1990 pp 1201–5commenced 1 July 199030 June 1990 pp
1206–18commenced 1 July 19907 April 1990 p
1746commenced on date of publication14
July 1990 p 1642commenced on date of publicationSupreme Court (Amendment) Rules 1991pubd
gaz 23 March 1991 pp 1738–9commenced on date of
publicationSupreme Court (Amendment) Rules 1991 (No.
2)pubd gaz 20 April 1991 p 2539commenced on date of publicationSupreme Court (Amendment) Rules 1991 (No. 3)
SL No. 45pubd gaz 17 August 1991 pp 2011–16commenced 1 September 1991 (see s 2)Supreme Court (Amendment) Rules 1991 (No. 4)
SL No. 46pubd gaz 17 August 1991 pp 2017–33commenced 1 September 1991 (see s
2)
876Rules of the Supreme CourtJudicial Review Act 1991 No. 100 ss 1–2, 58
schs 4–5date of assent 17 December 1991ss
1–2 commenced on date of assentremaining
provisions commenced 1 June 1992 (1992 SL No. 110)Rules
of the Supreme Courtpubd gaz 18 January 1992 pp 174–5commenced 28 January 1992Rules
of the Supreme Courtpubd gaz 29 February 1992 p 1235commenced 9 March 1992Supreme Court
Rules Amendment Order (No. 1) 1992 SL No. 444notfd gaz 18
December 1992 pp 1988–96ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1993 (see s 2)Supreme Court Rules Amendment Order (No. 1)
1993 SL No. 44notfd gaz 26 February 1993 pp 770–2commenced on date of notificationSupreme Court Rules Amendment Order (No. 2)
1993 SL No. 82notfd gaz 26 March 1993 pp 1580–3commenced on date of notificationSupreme Court Rules Amendment Order (No. 3)
1993 SL No. 132notfd gaz 30 April 1993 pp 2041–3commenced on date of notificationSupreme Court Rules Amendment Order (No. 4)
1993 SL No. 150notfd gaz 21 May 1993 pp 541–4commenced on date of notificationSupreme Court Rules Amendment Order (No. 5)
1993 SL No. 307notfd gaz 13 August 1993 pp 1777–9commenced on date of notificationSupreme Court Rules Amendment Order (No. 6)
1993 SL No. 327notfd gaz 27 August 1993 pp 1974–7commenced on date of notificationSupreme Court Amendment Rule (No. 1)
1993pubd gaz 15 October 1993 pp 573–82commenced on date of publicationSupreme Court Rules Amendment Order (No. 7)
1993 SL No. 497notfd gaz 17 December 1993 pp 1812–21ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 1994 (see s 2)Supreme Court
Rules Amendment Order (No. 1) 1994 SL No. 26notfd gaz 4
February 1994 pp 334–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 May 1994
(see s 2)
877Rules of the Supreme CourtSupreme Court Rules Amendment Order (No. 2)
1994 SL No. 27notfd gaz 4 February 1994 pp 334–7commenced on date of notificationSupreme Court Rules Amendment Regulation (No.
1) 1995 SL No. 75notfd gaz 31 March 1995 pp 1462–5ss
1–2 commenced on date of notificationremaining
provisions commenced 1 April 1995 (see s 2)Supreme Court
Amendment Rule (No. 1) 1995 SL No. 133notfd gaz 19 May
1995 pp 809–11ss 1–2 commenced on date of
notificationremaining provisions commenced 29 May 1995
(see s 2 and 1995 SL No. 131)Supreme Court
Amendment Rule (No. 2) 1995 SL No. 213notfd gaz 20 June
1995 pp 1273–6commenced on date of notificationSupreme Court Amendment Rule (No. 1) 1996 SL
No. 97notfd gaz 17 May 1996 pp 628–9commenced on date of notificationSupreme Court Amendment Rule (No. 2) 1996 SL
No. 98notfd gaz 17 May 1996 pp 628–9commenced on date of notificationSupreme Court Amendment Rule (No. 3) 1996 SL
No. 137notfd gaz 21 June 1996 pp 1067–8commenced on date of notificationSupreme Court Amendment Rule (No. 4) 1996 SL
No. 292notfd gaz 25 October 1996 pp 764–7ss
1–2 commenced on date of notificationremaining
provisions commenced 1 November 1996 (see s 2)Court Rules
Amendment Rule (No. 1) 1997 SL No. 266 pts 1, 5notfd gaz 29
August 1997 pp 1987–9ss 1–2 commenced on date of
notificationremaining provisions commenced 1 September
1997 (see s 2)Supreme Court Amendment Rule (No. 1) 1997 SL
No. 269notfd gaz 29 August 1997 pp 1987–9ss
1–2 commenced on date of notificationremaining
provisions commenced 1 September 1997 (see s 2)Supreme Court
Amendment Rule (No. 1) 1998 SL No. 338notfd gaz 18
December 1998 pp 1551–7ss 1–2 commenced on date of
notificationremaining provisions commenced 1 January
1999 (see s 2)
878Rules of the Supreme Court´7List of
annotationsNote—1.RomannumeralshavebeenreplacedbyArabicnumeralsinallorders,rules,formsandelsewherebyoincpubdgaz14December1965pp
1431–649.2.All references to the word ‘Colony’
have been replaced by the word ‘State’by rule pubd gaz
29 March 1902 p 1035.Preambleamd o in c pubd
gaz 14 December 1965 pp 1431–649ORDER
1—INTERPRETATIONInterpretation of termsr 1amdoincpubdgaz29January1966pp812–13;8November1980pp
1095–6def“Action”om o in c pubd
gaz 14 December 1965 pp 1431–649def“bankruptcy”ins o in c pubd
gaz 14 December 1965 pp 1431–649def“books”ins 1993 SL No.
44 s 3def“Central Court”ins 1997 SL No.
266 s 12(1)def“central district”ins 1997 SL No.
266 s 12(1)def“central registry”ins o in c pubd
gaz 27 June 1922 pp 1815–19amd 1997 SL No. 266 s 12(3)def“Defendant”om o in c pubd
gaz 14 December 1965 pp 1431–649def“district registry”ins o in c pubd
gaz 27 June 1922 pp 1815–19sub 1997 SL No. 266 s 12(2)def“Far Northern Court”ins
1997 SL No. 266 s 12(1)def“far northern
district”ins 1997 SL No. 266 s 12(1)def“Master”ins o in c pubd
gaz 8 November 1980 pp 1095–6def“MatrimonialAction”omoincpubdgaz14December1965pp
1431–649def“mentallyillperson”insoincpubdgaz14December1965pp
1431–649def“Northern Court”ins 1997 SL No.
266 s 12(1)def“northern district”ins
1997 SL No. 266 s 12(1)def“Plaintiff”om o in c pubd
gaz 14 December 1965 pp 1431–649def“printing”ins o in c pubd
gaz 14 December 1965 pp 1431–649def“registrar”amd o in c pubd
gaz 27 June 1922 pp 1815–19amd 1997 SL No. 266 s 12(3)def“registry”om o in c pubd
gaz 27 June 1922 pp 1815–19def“taxing
officer”sub 1996 SL No. 98 s 3amd 1997 SL No.
266 s 12(4)def“surety”amd o in c pubd
gaz 29 January 1966 pp 812–13def“writing”ins o in c pubd
gaz 14 December 1965 pp 1431–649Currencyr
1Ains o in c pubd gaz 14 December 1965 pp
1431–649
879Rules of the Supreme CourtORDER
2—COMMENCEMENT OF CIVIL PROCEEDINGSCauses and Matters
to be Assigned in Rotationr 2amd o in c pubd
gaz 27 June 1922 pp 1815–19om o in c pubd gaz 14 December 1965 pp
1431–649Writs Issued in Countryr 3om o
in c pubd gaz 14 December 1965 pp 1431–649Exceptions when
Subsequent Matter is Connected with Formerr 4om o
in c pubd gaz 14 December 1965 pp 1431–649Several
Matrimonial Actionsr 5om o in c pubd gaz 14 December 1965 pp
1431–649Rotation not to be Affectedr
6om o in c pubd gaz 14 December 1965 pp
1431–649Titles of proceedingsr 7amd o
in c pubd gaz 27 June 1922 pp 1815–19; 1997 SL No. 266 s 13Writs
how tested and datedr 8amd o in c pubd gaz 29 January 1966 pp
812–13Addressofsuitorandofsuitor’ssolicitortobeendorsedonoriginatingproceeding—addressforservice—documentexchangeaddress—nameof principal and
agentr 9amdoincpubdgaz16July1955p1242;14December1965pp
1431–649; 11 February 1978 pp 492–4sub o in c pubd
gaz 7 March 1981 p 771Party suing in person to endorse
address for servicer 10amdoincpubdgaz16July1955p1242;14December1965pp
1431–649; 11 February 1978 pp 492–4ORDER 3—PARTIES TO
ACTIONSAdmiralty actions for wagesr
2amd rule pubd gaz 8 June 1901 pp
300–1Joinder of parties by leaver
5Ains o in c pubd gaz 14 December 1965 pp
1431–649Actions by and against infants and married
womenr 14amd rule pubd gaz 6 April 1901 p
1228Mentally ill personsr 15sub o
in c pubd gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 29 January 1966 pp 812–13Mentally ill
persons without committeesr 16sub o in c pubd
gaz 14 December 1965 pp 1431–649Next friendr
17amdoincpubdgaz25January1930p260;14December1965pp
1431–649
880Rules of the Supreme CourtAdoption of actions commenced without next
friendr 17Ains o in c pubd gaz 14 December 1965
pp 1431–649Consent of persons under disability to
procedurer 19amd rule pubd gaz 6 April 1901 p 1228;
o in c pubd gaz 14 December1965 pp 1431–649Conduct of
actionr 27amd rule pubd gaz 8 June 1901 pp
300–1Form of notice of judgmentr 30
prov hdgamd rule pubd gaz 29 March 1902 p
1035Service of notice of judgment on infants
etc.r 32amd o in c pubd gaz 14 December 1965
pp 1431–649Heir-at-law not necessary party in suit to
execute trustsr 33amd o in c pubd gaz 14 December 1965
pp 1431–6495. MATRIMONIAL ACTIONS ON THE GROUND OF
ADULTERYhdg prec r 38sub o in c pubd
gaz 1 December 1945 p 1270om o in c pubd gaz 14 December 1965 pp
1431–649Adulterers to be joined as
Co-defendantsr 38amd o in c pubd gaz 1 December 1945 p
1270om o in c pubd gaz 14 December 1965 pp
1431–649When adulterer unknownprov hdgamd
rule pubd gaz 8 June 1901 pp 300–1r 39amd o
in c pubd gaz 1 December 1945 p 1270om o in c pubd
gaz 14 December 1965 pp 1431–649Adulterer
Deadr 40amd o in c pubd gaz 1 December 1945 p
1270om o in c pubd gaz 14 December 1965 pp
1431–649Time of Applicationr 41om o
in c pubd gaz 14 December 1965 pp 1431–649Amendment on
Discovery of Namer 42amd o in c pubd gaz 1 December 1945 p
1270om o in c pubd gaz 14 December 1965 pp
1431–649Leave to add Co-defendantr 43om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER 4—JOINDER OF
CAUSES OF ACTION—PARTIAL RELIEFRecovery of
landr 2om o in c pubd gaz 14 December 1965 pp
1431–649Claims by trusteer 3amd o
in c pubd gaz 14 December 1965 pp 1431–649Executors and
administratorsr 5sub o in c pubd gaz 14 December 1965
pp 1431–649
881Rules of the Supreme CourtMatrimonial Actionsr 8om o
in c pubd gaz 14 December 1965 pp 1431–649Declaratory
judgments and ordersr 11amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER 5—WRITS OF SUMMONSForm of notice of
writ to be given out of the jurisdictionr 8 prov
hdgamd rule pubd gaz 29 March 1902 p
1035Time for appearance to be limited by
writr 9amdrulepubdgaz6April1901p1228;29March1902p1035;18 December 1920
p 2225; o in c pubd gaz 18 September 1948 p 1886;14December1965pp1431–649;11February1978pp492–4;1993SL
No. 327 s 3Causes removed from inferior courts or
district registriesr 10sub o in c pubd gaz 27 June 1922 pp
1815–19ORDER 6—ENDORSEMENTS ON WRIT OF
SUMMONSMatrimonial Actionsr 4om o
in c pubd gaz 14 December 1965 pp 1431–649Special
endorsement of certain claimsr 7amdrulepubdgaz3October1903pp638–9;oincpubdgaz27June1922 pp 1815–19sub o in c pubd
gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 4 June 1983 pp 963–4Further endorsement in case of certain
claimsr 8sub o in c pubd gaz 3 May 1952 pp
21–2amd o in c pubd gaz 7 July 1962 p
1398sub o in c pubd gaz 14 December 1965 pp
1431–649amd o in c pubd gaz 27 March 1976 p 1197; 4
June 1977 pp 797–805;4 June 1983 pp 963–4Ordinary accountr 9amd o
in c pubd gaz 14 December 1965 pp 1431–649Special
endorsement of limited special reliefr 10amd o
in c pubd gaz 14 December 1965 pp 1431–649Possession after
foreclosurer 11Ains o in c pubd gaz 14 December 1965
pp 1431–649Judgment in defaultr 11Bins o
in c pubd gaz 14 December 1965 pp 1431–649Form of special
endorsementr 12amd o in c pubd gaz 14 December 1965
pp 1431–649
882Rules of the Supreme CourtNotice
to be Indorsed on Writ in Matrimonial Actionsr 13amd
rule pubd gaz 29 March 1902 p 1035om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER 7—ISSUE OF
WRITS OF SUMMONS—WARRANTS IN ADMIRALTYACTIONSIssuer 2amd o in c pubd
gaz 9 October 1943 pp 1248–9; 1997 SL No. 266 s 14Copy
to be leftr 3amd rule pubd gaz 6 April 1901 p
1228Petition to be Filed before Issue of Writ in
Matrimonial Actionsr 7amd o in c pubd gaz 9 October 1943 pp
1248–9om o in c pubd gaz 14 December 1965 pp
1431–649Petition to be Verified by Affidavitr
8amd o in c pubd gaz 9 October 1943 pp
1248–9om o in c pubd gaz 14 December 1965 pp
1431–649Collusion to be Deniedr 9om o
in c pubd gaz 14 December 1965 pp 1431–649In case of
Restitution of Conjugal Rights demand to be sworn tor
10om o in c pubd gaz 14 December 1965 pp
1431–649r 10Ains o in c pubd gaz 9 October 1943 pp
1248–9om o in c pubd gaz 14 December 1965 pp
1431–649r 10Bins o in c pubd gaz 9 October 1943 pp
1248–9om o in c pubd gaz 14 December 1965 pp
1431–649r 10Cins o in c pubd gaz 9 October 1943 pp
1248–9om o in c pubd gaz 14 December 1965 pp
1431–649r 10Dins o in c pubd gaz 9 October 1943 pp
1248–9om o in c pubd gaz 14 December 1965 pp
1431–649Arrest in admiralty actions by warrant after
affidavitr 11amd rule pubd gaz 8 June 1901 pp
300–1ORDER 9—RENEWAL OF WRITS—LOST WRITSOriginal writ in force for 12 months, but may
be renewedr 1amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER 10—SERVICE OF ORIGINATING
PROCEEDINGSPersonal servicer 1amd o
in c pubd gaz 14 December 1965 pp 1431–649
883Rules of the Supreme CourtMentally ill personsprov hdgamd o
in c pubd gaz 14 December 1965 pp 1431–649r 5amd o
in c pubd gaz 14 December 1965 pp 1431–649Service on
corporations etc.r 6amd o in c pubd gaz 14 December 1965
pp 1431–649Service of writ on agent of oversea
principalr 8sub o in c pubd gaz 14 December 1965
pp 1431–649Service of writ in pursuance of
contractr 9sub o in c pubd gaz 14 December 1965
pp 1431–649Service on Attorney-Generalr
10om o in c pubd gaz 14 December 1965 pp
1431–649Substituted service may be allowedr
16amd o in c pubd gaz 27 June 1922 pp
1815–19Evidencer 17amd o
in c pubd gaz 27 June 1922 pp 1815–19ORDER 11—SERVICE
OUT OF THE JURISDICTIONService outside Australiar
1amdoincpubdgaz27June1922pp1815–19;28May1927p1815;14 December 1965
pp 1431–649sub 1993 SL No. 327 s 4(1)Service out of Jurisdiction in Certain
Actions of Contractr 1Ains o in c pubd gaz 14 December 1965
pp 1431–649om 1993 SL No. 327 s 4(2)Service of notice of originating
proceedingr 2sub o in c pubd gaz 14 December 1965
pp 1431–649Mode of servicer 3sub o
in c pubd gaz 14 December 1965 pp 1431–649Liberty to
proceedr 4sub o in c pubd gaz 14 December 1965
pp 1431–649Service of summons, notices and orders in
pending proceedingsr 4Ains o in c pubd gaz 14 December 1965
pp 1431–649Application for, and grant of, leave to serve
process out of the jurisdictionr 4Bins o
in c pubd gaz 14 December 1965 pp 1431–649Service of foreign
legal process in Queenslandhdg prec r 5ins rule pubd gaz
18 October 1913 pp 1017–18Letter of request from foreign
tribunal—procedureprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 5ins
rule pubd gaz 18 October 1913 pp 1017–18amd o in c pubd
gaz 1 March 1924 p 785; 12 November 1932 p 1554;14
December 1965 pp 1431–649
884Rules of the Supreme CourtOrders
for substituted service etc.prov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 6ins
rule pubd gaz 18 October 1913 pp 1017–18Noncompliance with
rulesprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 7ins o
in c pubd gaz 27 June 1922 pp 1815–19Request from
consul or consular or diplomatic agentprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 8ins o
in c pubd gaz 20 June 1925 p 2386sub o in c pubd
gaz 25 August 1934 p 513r 9ins o in c pubd
gaz 27 October 1928 p 1434om o in c pubd gaz 25 August 1934 p
513ORDER 12—APPEARANCEAppearance to writ
of summonsr 1amd o in c pubd gaz 27 June 1922 pp
1815–19; 1997 SL No. 266 s 15Filing memorandum
of appearancer 2sub 1996 SL No. 137 s 3Notice
of appearancer 3amd o in c pubd gaz 14 December 1965
pp 1431–649sub 1996 SL No. 137 s 3Defendant’s
address for service—document exchange addressr 4amdoincpubdgaz16July1955p1242;14December1965pp
1431–649; 11 February 1978 pp 492–4sub o in c pubd
gaz 7 March 1981 p 771Defendant appearing in personr
5amdoincpubdgaz16July1955p1242;14December1965pp
1431–649; 11 February 1978 pp 492–4Landlord
appearingr 13amd rule pubd gaz 8 June 1901 pp
300–1Appearance by Attorney-General in Matrimonial
Actionr 18om o in c pubd gaz 14 December 1965 pp
1431–649By other Interveners on Leaver
19om o in c pubd gaz 14 December 1965 pp
1431–649Appearance to be Enteredr 20om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
13—PROCEEDINGS BY AND AGAINST PAUPERSSuing or defending
as pauperr 1amd o in c pubd gaz 14 December 1965
pp 1431–649
885Rules of the Supreme CourtMatrimonial Actionsr 4om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
14—DISCLOSURE BY SOLICITORS—CHANGE OF SOLICITORSRemoval of solicitorprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 3Ains o
in c pubd gaz 4 March 1939 pp 899–900Withdrawal of
solicitorprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 3Bins o
in c pubd gaz 4 March 1939 pp 899–900Register of town
solicitors’ addressesr 4amdoincpubdgaz16July1955p1242;14December1965pp
1431–649; 11 February 1978 pp 492–4ORDER 15—DEFAULT
OF APPEARANCEDefault of appearance by infant or mentally
ill person—notice of applicationprov hdgamd o
in c pubd gaz 14 December 1965 pp 1431–649r 1amd o
in c pubd gaz 14 December 1965 pp 1431–649Entry of judgment
by postr 2Ains 1996 SL No. 137 s 4Liquidated demand endorsedr
3amd o in c pubd gaz 4 June 1983 pp
963–4Interlocutory judgment for damagesr
5amd rule pubd gaz 3 October 1903 pp
638–9sub o in c pubd gaz 14 December 1965 pp
1431–649; 12 May 1979 p 275Detention of goods—interlocutory
judgment for return, assessment of value anddamagesr
6sub o in c pubd gaz 14 December 1965 pp
1431–649Detention of goods, damages and liquidated
demandr 7amd rule pubd gaz 3 October 1903 pp
638–9sub o in c pubd gaz 14 December 1965 pp
1431–649amd 1993 SL No. 44 s 4(1)–(3)Recovery of landr 8amd o
in c pubd gaz 14 December 1965 pp 1431–649Recovery of land
and other claimsr 9sub o in c pubd gaz 14 December 1965
pp 1431–649Cases where unnecessary to proceedr
9Ains o in c pubd gaz 14 December 1965 pp
1431–649Default in Appearance in Matrimonial
Actionsr 11amd o in c pubd gaz 21 June 1941 p
2300om o in c pubd gaz 14 December 1965 pp
1431–649
886Rules of the Supreme CourtNo
Step after Default without Leaver 12amd o
in c pubd gaz 11 October 1947 p 977; 29 March 1958 p 1422om o
in c pubd gaz 14 December 1965 pp 1431–649Default of
appearance in actions not otherwise specially provided forr
13amd o in c pubd gaz 14 December 1965 pp
1431–649r 15ins o in c pubd gaz 4 June 1983 pp
963–4amd 1993 SL No. 44 s 4(1), (4)r
16ins o in c pubd gaz 17 December 1983 p
1686r 17ins o in c pubd gaz 17 December 1983 p
1686ORDER 16—CHANGE OF PARTIESAction
not abated where cause of action continuesr 1amd o
in c pubd gaz 29 January 1966 pp 812–13In case of
marriage etc. or devolution of estate, Court may order successor
tobe made a party or served with noticer
2amd o in c pubd gaz 29 January 1966 pp
812–13Order to carry on proceedingsr
4amd o in c pubd gaz 29 January 1966 pp
812–13Death of sole plaintiff or defendantr
8amd rule pubd gaz 6 April 1901 p 1228ORDER
17—THIRD PARTY AND SIMILAR PROCEEDINGShdgsuboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Third party noticer 1suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Application for leave to issue third party
noticer 2suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Issue and service of, and entry of appearance
to, third party noticer 3suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Pleadings and third party directionsr
4suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Copies of pleadingsr 5suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649
887Rules of the Supreme CourtDefault of third party etc.r
6suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Setting aside third party proceedingsr
7suboincpubdgaz24July1954pp1199–200;14December1965pp
1431–649Judgment between defendant and third
partyr 8ins o in c pubd gaz 24 July 1954 pp
1199–200sub o in c pubd gaz 14 December 1965 pp
1431–649Claims and issues between a defendant and
some other partyr 9ins o in c pubd gaz 24 July 1954 pp
1199–200sub o in c pubd gaz 14 December 1965 pp
1431–649Claims by third and subsequent partiesr
10ins o in c pubd gaz 24 July 1954 pp
1199–200sub o in c pubd gaz 14 December 1965 pp
1431–649Offer of contributionr 11ins o
in c pubd gaz 14 December 1965 pp 1431–649Counterclaim by
defendantr 12ins o in c pubd gaz 14 December 1965
pp 1431–649Consolidationr 13ins o
in c pubd gaz 14 December 1965 pp 1431–649Costsr
14ins o in c pubd gaz 14 December 1965 pp
1431–649ORDER18—SUMMARYJUDGMENTINACTIONSWITHINORDER6,RULE
7hdgsub o in c pubd gaz 14 December 1965
pp 1431–649Application for summary judgmentr
1amd o in c pubd gaz 14 December 1965 pp
1431–649Manner in which application to be mader
2sub o in c pubd gaz 14 December 1965 pp
1431–649Defendant may show causer 3amd o
in c pubd gaz 14 December 1965 pp 1431–649Where 1 defendant
has good defence, but other notr 5amd o
in c pubd gaz 14 December 1965 pp 1431–649Costsr9sub o in c pubd gaz 14 December 1965
pp 1431–649Relief from forfeiturer 10ins
rule pubd gaz 3 October 1903 pp 638–9
888Rules of the Supreme CourtJudgment for delivery up of chattelr
10Ains o in c pubd gaz 14 December 1965 pp
1431–649Setting aside judgmentr 10Bins o
in c pubd gaz 14 December 1965 pp 1431–649If writ issues
from district registryprov hdgsub 1997 SL No.
266 s 16(1)r 11ins o in c pubd gaz 27 June 1922 pp
1815–19amd 1997 SL No. 266 s 16ORDER18A—SUMMARYJUDGMENTINACTIONSFORSPECIFICPERFORMANCE
ETC.hdgins o in c pubd gaz 14 December 1965
pp 1431–649Application by plaintiff for summary
judgmentr 1ins o in c pubd gaz 14 December 1965
pp 1431–649Manner in which application must be
mader 2ins o in c pubd gaz 14 December 1965
pp 1431–649Judgment for plaintiffr 3ins o
in c pubd gaz 14 December 1965 pp 1431–649Leave to
defendr 4ins o in c pubd gaz 14 December 1965
pp 1431–649Directionsr 5ins o
in c pubd gaz 14 December 1965 pp 1431–649Costsr6ins o in c pubd gaz 14 December 1965
pp 1431–649Setting aside judgmentr 7ins o
in c pubd gaz 14 December 1965 pp 1431–649ORDER 19—SUMMARY
JUDGMENTJudgment without pleadingsr
4amd rule pubd gaz 6 April 1901 p 1228ORDER
20—SUMMONS FOR DIRECTIONShdgsub o in c pubd
gaz 14 December 1965 pp 1431–649Summons for
directionsr 1sub o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 18 May 1946 p
1342sub o in c pubd gaz 14 December 1965 pp
1431–649
889Rules of the Supreme CourtInterlocutory proceedingsr 2amd o
in c pubd gaz 27 June 1922 pp 1815–19sub o in c pubd
gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 15 January 1966 p 525No affidavit to be used without
leaver 3sub o in c pubd gaz 14 December 1965
pp 1431–649Parties to apply for directionsr
4sub o in c pubd gaz 14 December 1965 pp
1431–649Subsequent applicationsr 5sub o
in c pubd gaz 14 December 1965 pp 1431–649Cost of subsequent
applicationr 6amd o in c pubd gaz 27 June 1922 pp
1815–19sub o in c pubd gaz 14 December 1965 pp
1431–649Applications for judgmentr 7sub o
in c pubd gaz 14 December 1965 pp 1431–649Adjournmentr
8sub o in c pubd gaz 14 December 1965 pp
1431–649Default in apply for directionsr
9ins o in c pubd gaz 27 June 1922 pp
1815–19om o in c pubd gaz 14 December 1965 pp
1431–649ORDER 21—TRIAL WITHOUT PLEADINGShdgom o in c pubd gaz 27 June 1922 pp
1815–19Indorsementr 1om o
in c pubd gaz 27 June 1922 pp 1815–19Notice of
Trialr 2om o in c pubd gaz 27 June 1922 pp
1815–19Defendant may Apply for Statement of
Claimr 3om o in c pubd gaz 27 June 1922 pp
1815–19Particularsr 4om o
in c pubd gaz 27 June 1922 pp 1815–19Special
Defencesr 5om o in c pubd gaz 27 June 1922 pp
1815–19ORDER 22—PLEADING GENERALLYPleading to state material facts and not
evidence—costs of prolix pleadingsr 1amd o
in c pubd gaz 27 June 1922 pp 1815–19Delivery of
pleadingsr 2sub o in c pubd gaz 27 June 1922 pp
1815–19
890Rules of the Supreme CourtForms
of pleadingr 5om o in c pubd gaz 14 December 1965 pp
1431–649Particulars to be given in certain
casesr 6amd o in c pubd gaz 29 January 1966 pp
812–13Pleadings how delivered—delivery by
filing—service at document exchangeprov hdgamd
rule pubd gaz 29 March 1902 p 1035r 8sub o
in c pubd gaz 7 March 1981 p 771Marking
pleadingsr 9amd o in c pubd gaz 14 December 1965
pp 1431–649Pleadings settled by counselr
9Ains o in c pubd gaz 14 December 1965 pp
1431–649Specific denialr 11amd o
in c pubd gaz 14 December 1965 pp 1431–649Particularsoffailuretoperformacontracttobespecifiedbypartyallegingfailurer 12Ains
1993 SL No. 44 s 5Pleadings to raise all grounds of defence or
replyr 14amd rule pubd gaz 8 June 1901 pp
300–1Effect of denial of contractr
20amd rule pubd gaz 8 June 1901 pp
300–1Dismissal of actionr 28amd
rule pubd gaz 6 April 1901 p 1228Pleading in
Matrimonial Actionsr 34om o in c pubd gaz 14 December 1965 pp
1431–649No Counter Claimr 35om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
23—PARTICULARSAffidavit of scripts in probate
actionsr 3amd o in c pubd gaz 14 December 1965
pp 1431–649Actions for damage by collision—preliminary
acts to be filedr 4amd rule pubd gaz 6 April 1901 p
1228ORDER 24—STATEMENT OF CLAIMClaim
must Show Proposed Place of Trialr 2om o
in c pubd gaz 14 December 1965 pp 1431–649
891Rules of the Supreme CourtStatement of claimr 5amd
rule pubd gaz 2 November 1901 p 526; o in c pubd gaz 27 June
1922pp 1815–19sub o in c pubd
gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 29 January 1966 pp 812–13Actions in which
an insurer must be servedr 8ins o in c pubd
gaz 14 December 1965 pp 1431–649ORDER 25—DEFENCE
AND COUNTERCLAIMTime for delivery of defencer
6sub o in c pubd gaz 14 December 1965 pp
1431–649Delivery of defence to a specially endorsed
writr 7prev r 7 om o in c pubd gaz 14
December 1965 pp 1431–649pres r 7 (prev r 7A) ins o in c pubd
gaz 27 June 1922 pp 1815–19amd o in c pubd gaz 14 December 1965
pp 1431–649renum o in c pubd gaz 14 December 1965 pp
1431–649Delivery of defence to a specially endorsed
writr 7Arenum as r 7 o in c pubd gaz 14
December 1965 pp 1431–649Where leave to defend givenr
8amd o in c pubd gaz 14 December 1965 pp
1431–649Defence of tenderr 9Ains o
in c pubd gaz 29 January 1966 pp 812–13amd o in c pubd
gaz 9 April 1988 pp 2077–83Answer to counterclaimr
14amd o in c pubd gaz 14 December 1965 pp
1431–649Actions for recovery of landr
21sub o in c pubd gaz 14 December 1965 pp
1431–649MATRIMONIAL ACTIONShdg prec r
22om o in c pubd gaz 14 December 1965 pp
1431–649Time for Defence in Matrimonial
Actionsr 22om o in c pubd gaz 14 December 1965 pp
1431–649Certain Matters to be Verifiedr
23om o in c pubd gaz 14 December 1965 pp
1431–649Defence by Intervenersprov hdgamd
rule pubd gaz 8 June 1901 pp 300–1r 24om o
in c pubd gaz 14 December 1965 pp 1431–649Subsequent
Proceedings on Interventionr 25om o in c pubd
gaz 14 December 1965 pp 1431–649
892Rules of the Supreme CourtORDER
26—OFFER TO SETTLEhdgsuboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Interpretationr 1amd
rule pubd gaz 6 April 1901 p 1228; 2 November 1901 p 526suboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Where offer to
settle availabler 2suboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Time for making
offerr 3suboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Withdrawal or
expiry of offerr 4suboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Effect of
offerr 5sub o in c pubd gaz 27 June 1922 pp
1815–9; 25 October 1958 pp 701–2;14 December 1965
pp 1431–649; 9 April 1988 pp 2077–83Disclosure of
offerr 6suboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Acceptance of
offerr 7suboincpubdgaz25October1958pp701–2;14December1965pp
1431–649; 9 April 1988 pp 2077–83Legal
disabilityr 8om o in c pubd gaz 25 October 1958 pp
701–2ins o in c pubd gaz 14 December 1965 pp
1431–649sub o in c pubd gaz 9 April 1988 pp
2077–83Costsr9ins o in c pubd
gaz 14 December 1965 pp 1431–649sub o in c pubd
gaz 9 April 1988 pp 2077–83Multiple defendantsr 10ins o
in c pubd gaz 14 December 1965 pp 1431–649sub o in c pubd
gaz 9 April 1988 pp 2077–83Offer to contributer 11ins o
in c pubd gaz 14 December 1965 pp 1431–649sub o in c pubd
gaz 9 April 1988 pp 2077–83Failure to comply with offerr
12ins o in c pubd gaz 14 December 1965 pp
1431–649sub o in c pubd gaz 9 April 1988 pp
2077–83
893Rules of the Supreme CourtORDER
27—REPLY, ANSWER, AND SUBSEQUENT PLEADINGSReplyr
1suboincpubdgaz27June1922pp1815–19;14December1965pp
1431–649Pleading by leave after replyr
2prev r 2 om o in c pubd gaz 27 June 1922 pp
1815–19pres r 2 (prev r 4) renum o in c pubd gaz 27
June 1922 pp 1815–19Reply to be Filed in Matrimonial
Actionsr 3om o in c pubd gaz 27 June 1922 pp
1815–19Pleading by leave after replyr
4renum as r 2 o in c pubd gaz 27 June 1922 pp
1815–19Pleadings Subsequent to Replyr
5om o in c pubd gaz 27 June 1922 pp
1815–19Answer to Counter-claim to Follow rules as to
Defencer 6om o in c pubd gaz 27 June 1922 pp
1815–19Effect of Joinder of Issuer
7om o in c pubd gaz 27 June 1922 pp
1815–19New Assignmentr 8om o
in c pubd gaz 27 June 1922 pp 1815–19ORDER 28—MATTERS
ARISING PENDING THE ACTIONFurther defence or answerr
2amd rule pubd gaz 3 November 1900 p
1260Action for Restitution of Conjugal
Rightsr 4om o in c pubd gaz 14 December 1965 pp
1431–649ORDER 29—DEMURRERDemurrerr
1amd rule pubd gaz 6 April 1901 p 1228When
demurrer required to be heard before Court of Appealprov
hdgamd rule pubd gaz 15 October 1993 pp
573–82r 14amd rule pubd gaz 15 October 1993 pp
573–82Matrimonial Actionsr 15om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
30—DISCONTINUANCE ETC.Not otherwise except by leaver
2amd rule pubd gaz 6 April 1901 p 1228Court
may allow a defendant to discontinue his or her defencer
3amd rule pubd gaz 6 April 1901 p
1228
894Rules of the Supreme CourtORDER
31—DEFAULT OF PLEADINGEntry of judgment by postr
1Ains 1996 SL No. 137 s 5Liquidated
demandr 2amd o in c pubd gaz 4 June 1983 pp
963–4; 17 December 1983 p 1686Interlocutory
judgment for damagesr 4amd rule pubd gaz 3 November 1900 p
1260; 3 October 1903 pp 638–9sub o in c pubd
gaz 14 December 1965 pp 1431–649Detention of
goods—interlocutory judgment for return, assessment of value
anddamagesr 5sub o
in c pubd gaz 14 December 1965 pp 1431–649Detention of
goods, damages and liquidated demandr 6amd
rule pubd gaz 3 October 1903 pp 638–9sub o in c pubd
gaz 14 December 1965 pp 1431–649amd 1993 SL No.
44 s 6r 6Ains o in c pubd gaz 4 June 1983 pp
963–4Recovery of landr 7sub o
in c pubd gaz 14 December 1965 pp 1431–649Recovery of land
and other claimsr 8sub o in c pubd gaz 14 December 1965
pp 1431–649Defence to part of claim onlyr
9amd rule pubd gaz 3 October 1903 pp
638–9When statements of fact put in issuer
13suboincpubdgaz27June1922pp1815–19;14December1965pp
1431–649Matrimonial Actionsr 18om o
in c pubd gaz 14 December 1965 pp 1431–649Plaintiff’s
Defaultr 19om o in c pubd gaz 14 December 1965 pp
1431–649Defendant’s Defaultr 20amd
rule pubd gaz 8 June 1901 pp 300–1; o in c pubd gaz 21 June
1941p 2300om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER
32—AMENDMENTAmendment in generalr 1amd o
in c pubd gaz 14 December 1965 pp 1431–649; 27 September
1975p 291Amendment of
statement of claim by plaintiff without leaver 3sub o
in c pubd gaz 27 June 1922 pp 1815–19
895Rules of the Supreme CourtAmendment of counterclaim or set-off by
defendant without leaver 4sub o in c pubd
gaz 27 June 1922 pp 1815–19IN MATRIMONIAL ACTIONShdg
prec r 15om o in c pubd gaz 14 December 1965 pp
1431–649Leave to be Obtainedr 15om o
in c pubd gaz 14 December 1965 pp 1431–649Consequent
Amendmentr 16om o in c pubd gaz 14 December 1965 pp
1431–649Verificationr 17om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
33—SECURITYAffidavits of justificationr
7amd rule pubd gaz 8 June 1901 pp 300–1; o in
c pubd gaz 14 December1965 pp 1431–649Payment into court
in lieu of securityr 13amd rule pubd gaz 8 June 1901 pp
300–1Amount of securityr 17amd o
in c pubd gaz 14 December 1965 pp 1431–649Time for
Applicationr 19om o in c pubd gaz 27 June 1922 pp
1815–19Registrar to certify at conclusion of
causer 22amd rule pubd gaz 8 June 1901 pp
300–1ORDER 35hdgsub
1994 SL No. 26 s 41. Disclosure and inspectionhdg
prec r 1sub 1994 SL No. 26 s 4Interpretationr 1amdoincpubdgaz27June1922pp1815–19;14December1965pp
1431–649sub 1994 SL No. 26 s 4Applicationr
2sub 1994 SL No. 26 s 4Nature of
disclosurer 3sub 1994 SL No. 26 s 4Duty
to disclose documentsr 4sub o in c pubd
gaz 14 December 1965 pp 1431–649; 1994 SL No. 26 s 4
896Rules of the Supreme CourtDocuments to which disclosure does not
applyr 5sub 1994 SL No. 26 s 4Privilege claimr 6sub
1994 SL No. 26 s 4Disclosure by delivery of copies of
documentsr 7sub 1994 SL No. 26 s 4Requirement to produce documentsr
8sub 1994 SL No. 26 s 4Disclosure by
inspection of documentsr 9sub 1994 SL No.
26 s 4Procedure for disclosurer 10sub o
in c pubd gaz 14 December 1965 pp 1431–649; 1994 SL No. 26 s
4Costsr 11sub o in c pubd
gaz 14 December 1965 pp 1431–649; 1994 SL No. 26 s 4Deferral of disclosurer 12sub o
in c pubd gaz 14 December 1965 pp 1431–649; 1994 SL No. 26 s
4Defendant entitled to copy of co-defendant’s
listr 12Ains o in c pubd gaz 14 December 1965
pp 1431–649om 1994 SL No. 26 s 4Inspection of
documents mentioned in pleadings or affidavitsr 13amd o
in c pubd gaz 14 December 1965 pp 1431–649sub 1994 SL No.
26 s 4Court orders relating to disclosurer
14amd o in c pubd gaz 14 December 1965 pp
1431–649sub 1994 SL No. 26 s 4Relief from duty
to discloser 15amd o in c pubd gaz 14 December 1965
pp 1431–649sub 1994 SL No. 26 s 4Consequences of
non-disclosureprov hdgamd o in c pubd
gaz 9 September 1978 p 88r 16amd o in c pubd
gaz 14 December 1965 pp 1431–649; 9 September 1978p
88sub 1994 SL No. 26 s 4Certificate by
solicitorr 17amd rule pubd gaz 6 April 1901 p
1228sub 1994 SL No. 26 s 4Production of
documents at trialr 18amd rule pubd gaz 6 April 1901 p
1228sub 1994 SL No. 26 s 42.
Interrogatorieshdg prec r 19ins 1994 SL No.
26 s 4
897Rules of the Supreme CourtEntitlement to deliver interrogatoriesr
19amd o in c pubd gaz 9 September 1978 p
88sub 1994 SL No. 26 s 4Delivery of
interrogatoriesr 20sub 1994 SL No. 26 s 4Granting of leave to deliver
interrogatoriesr 21sub 1994 SL No. 26 s 4Answering interrogatoriesr 22sub o
in c pubd gaz 14 December 1965 pp 1431–649; 1994 SL No. 26 s
4Statement in answer to interrogatoriesr
23sub 1994 SL No. 26 s 4Grounds for
objection to answering interrogatoriesr 24sub
1994 SL No. 26 s 4Unnecessary interrogatoriesr
25sub 1994 SL No. 26 s 4Identity of
individual by whom verifying affidavit to be mader
26sub 1994 SL No. 26 s 4Failure to answer
interrogatoryr 27sub 1994 SL No. 26 s 4Failure to comply with Court orderr
28prev r 28 sub o in c pubd gaz 14 December
1965 pp 1431–649om 1993 SL No. 150 s 3pres r 28 ins
1994 SL No. 26 s 4Tendering answersr 29ins
1994 SL No. 26 s 43. Generalhdg prec r
30ins 1994 SL No. 26 s 4Public interest
considerationsr 30ins 1994 SL No. 26 s 4Service on solicitors of disclosure
ordersr 31ins 1994 SL No. 26 s 4Attachment of solicitorr 32ins
1994 SL No. 26 s 4Costsr 33ins 1994 SL No.
26 s 4Right to disclosurer 34ins
1994 SL No. 26 s 44. Transitionalhdg prec r
35ins 1994 SL No. 26 s 4
898Rules of the Supreme CourtProceedings already commencedr
35ins 1994 SL No. 26 s 4ORDER
36—ADMISSIONS—NOTICES TO PRODUCENotice under the
Evidence Act 1977, s 63r 4 prov hdgsub o in c pubd
gaz 9 September 1978 p 88Judgment or order upon admissions of
factsr 5amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER 37—ISSUES, INQUIRIES AND
ACCOUNTSIssues in Matrimonial Actionsr
2om o in c pubd gaz 14 December 1965 pp
1431–649Plaintiff’s Defaultr 3om o
in c pubd gaz 14 December 1965 pp 1431–649Copies to be Filed
and Deliveredr 4amd rule pubd gaz 8 June 1901 pp
300–1om o in c pubd gaz 14 December 1965 pp
1431–649ORDER 38—QUESTIONS OF LAW AND ISSUES WITHOUT
PLEADINGSLeave to set down where infant, or mentally
ill person is a partyprov hdgamd o in c pubd
gaz 14 December 1965 pp 1431–649r 4amd o
in c pubd gaz 14 December 1965 pp 1431–649Form of entry for
argumentr 6amd o in c pubd gaz 14 December 1965
pp 1431–649Matrimonial Actionsr 8om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
39—TRIALPlace of trialr 1sub
rule pubd gaz 30 August 1919 p 702amd o in c pubd
gaz 27 June 1922 pp 1815–19; 1997 SL No. 266 s 17In
Matrimonial Actionsr 2om o in c pubd gaz 14 December 1965 pp
1431–649Directions to be Obtainedr 3om o
in c pubd gaz 14 December 1965 pp 1431–649Trial by
juryr 4amd rule pubd gaz 3 November 1900 p
1260; o in c pubd gaz 22 August1953 p
2184sub o in c pubd gaz 14 December 1965 pp
1431–649
899Rules of the Supreme CourtCauses
not formerly triable without jury may be tried by Judge and
assessors,or refereer 7amd o
in c pubd gaz 14 December 1965 pp 1431–649Jury of 4 unless
otherwise statedr 11amd o in c pubd gaz 14 December 1965
pp 1431–649Trying of questions in different ways and at
different timesr 12amd rule pubd gaz 8 June 1901 pp
300–1sub 1994 SL No. 27 s 3Notice of trial by
plaintiffr 14sub o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 25 October 1958 pp
701–2Form of notice of trialr 16amd o
in c pubd gaz 14 December 1965 pp 1431–649Length of
noticer 17amd o in c pubd gaz 11 February 1978
pp 492–4; 1997 SL No. 266 s 18Entry of cause for
trialr 18amdoincpubdgaz25October1958pp701–2;14December1965pp
1431–649Notice of trial at Brisbane, Rockhampton,
Townsville or Cairnsprov hdgamd rule pubd gaz
29 March 1902 p 1035; 1997 SL No. 266 s 19(1)r 20amd
1997 SL No. 266 s 19(2)Notice of trial in the countryr
21amd 1997 SL No. 266 s 20Trialr
24sub o in c pubd gaz 14 December 1965 pp
1431–649Power to certify for speedy trialr
24Ains o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 14 December 1965 pp
1431–649Matrimonial Action when Default of Appearance
or Defencer 25amd rule pubd gaz 8 June 1901 pp
300–1; o in c pubd gaz 21 June 1941p 2300om o
in c pubd gaz 14 December 1965 pp 1431–649r 25Ains o
in c pubd gaz 9 August 1958 p 2537om o in c pubd
gaz 14 December 1965 pp 1431–6493A. Personal
injury and deathhdg prec r 29Ains o in c pubd
gaz 3 December 1988 pp 1587–90Applicationr
29Ains o in c pubd gaz 3 December 1988 pp
1587–90Setting down for trialr 29Bins o
in c pubd gaz 3 December 1988 pp 1587–90
900Rules of the Supreme CourtPlaintiff’s statement of loss and
damager 29Cins o in c pubd gaz 3 December 1988 pp
1587–90Defendant’s expert and economic
evidencer 29Dins o in c pubd gaz 3 December 1988 pp
1587–90Insurersr 29Eins o
in c pubd gaz 3 December 1988 pp 1587–90Legal
advicer 29Fins o in c pubd gaz 3 December 1988 pp
1587–90Pleadingsr 29Gins o
in c pubd gaz 3 December 1988 pp 1587–90Costsr
29Hins o in c pubd gaz 3 December 1988 pp
1587–90Interpretationr 29Iins o
in c pubd gaz 3 December 1988 pp 1587–90Copies of
pleadings etc. to be deliveredr 30amd o
in c pubd gaz 14 December 1965 pp 1431–6494A. Setting
actions down for trialhdgins o in c pubd
gaz 14 December 1965 pp 1431–649Lists and date of
trial—readiness for trialr 30Ains o in c pubd
gaz 14 December 1965 pp 1431–649Judgment by
default may be set aside on termsr 33amd
1997 SL No. 266 s 21Disallowance of vexatious questions on
cross-examinationr 34Ains o in c pubd gaz 27 June 1922 pp
1815–19Judgment—further considerationr
37amd o in c pubd gaz 14 December 1965 pp
1431–649Endorsement for entry of judgmentr
39sub o in c pubd gaz 7 June 1980 p 928Adjournment of matters not heardprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 39Ains o in c pubd gaz 21 December 1946 p
2105Abolition of writ of inquiryr
51amd o in c pubd gaz 27 June 1922 pp
1815–19sub o in c pubd gaz 2 May 1959 pp 35–8; 14
December 1965 pp 1431–649Assessment of damages by a Master,
District Court Judge or registrarprov hdgamd o
in c pubd gaz 8 November 1980 pp 1095–6r 52sub o
in c pubd gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 8 November 1980 pp 1095–6Certificate of
amount of damagesr 53sub o in c pubd gaz 14 December 1965
pp 1431–649
901Rules of the Supreme CourtJudgment in default against 1 of 2 or more
defendantsr 53Ains o in c pubd gaz 14 December 1965
pp 1431–649Court or Judge may order assessment before
Judge, officer of the Court etc.r 53Bins o
in c pubd gaz 14 December 1965 pp 1431–649Assessment of
valuer 53Cins o in c pubd gaz 14 December 1965
pp 1431–649ORDER 40Witnesses to be
examined viva voce, unless otherwise agreed or orderedr
1amd o in c pubd gaz 29 January 1966 pp
812–13Evidence by telephone, video link or another
form of communicationr 1Aprev r 1A ins
rule pubd gaz 21 December 1912 p 1944om o in c pubd
gaz 14 December 1965 pp 1431–649pres r 1A ins
1995 SL No. 213 s 3Evidence etc. to be taken down in
shorthandr 2amd o in c pubd gaz 11 October 1947 p
977sub o in c pubd gaz 14 December 1965 pp
1431–649Form of commissionr 9sub
1993 SL No. 307 s 3Depositions to be taken down in writing, read
over to and signed by witness, or,if the witness
refuses, by the examiner—questions objected tor 16amd o
in c pubd gaz 14 December 1965 pp 1431–649Depositions to be
transmitted to registryr 20 prov hdgamd rule pubd gaz
29 March 1902 p 1035Number of persons in a Subpoena duces
tecumr 34om o in c pubd gaz 27 June 1922 pp
1815–193A. Non-party discoveryhdg prec r
38Ains 1993 SL No. 150 s 4Writ of non-party
discoveryr 38Ains 1993 SL No. 150 s 4Form
and service of writr 38Bins 1993 SL No. 150 s 4Application to set aside or vary writr
38Cins 1993 SL No. 150 s 4Privilege or
objection to discoveryr 38Dins 1993 SL No.
150 s 4Production and copying of documentsr
38Eins 1993 SL No. 150 s 4Costsr
38Fins 1993 SL No. 150 s 4
902Rules of the Supreme Court5.
Obtaining evidence for foreign tribunalshdg prec r
43ins rule pubd gaz 16 December 1911 pp
1594–5Evidence for foreign tribunalsprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 43ins rule pubd gaz 16 December 1911 pp
1594–5Form of orderprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 44ins
rule pubd gaz 16 December 1911 pp 1594–5amd o in c pubd
gaz 14 December 1965 pp 1431–649Before what
persons examination conductedprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 45ins
rule pubd gaz 16 December 1911 pp 1594–5How depositions to
be forwardedprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 46ins
rule pubd gaz 16 December 1911 pp 1594–5amd o in c pubd
gaz 14 December 1965 pp 1431–649Transmission of
depositions direct to foreign tribunalsprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 47ins
rule pubd gaz 16 December 1911 pp 1594–5Manner of
examinationprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 48ins
rule pubd gaz 16 December 1911 pp 1594–5Application by
Crown Solicitorprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 49ins
rule pubd gaz 16 December 1911 pp 1594–56.Obtainingevidenceunderconventionsrespectinglegalproceedingsinciviland commercial
mattershdg prec r 50ins o in c pubd
gaz 20 June 1925 p 2386sub o in c pubd gaz 14 December 1965
pp 1431–649Request from consul etc. of country party to
conventionprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 50ins o
in c pubd gaz 20 June 1925 p 2386amdoincpubdgaz25August1934p513;14December1965pp
1431–649Application of formsprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 51ins o
in c pubd gaz 20 June 1925 p 2386amd o in c pubd
gaz 14 December 1965 pp 1431–649Languageprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 52ins o in c pubd gaz 20 June 1925 p
2386amd o in c pubd gaz 25 August 1934 p
513
903Rules of the Supreme CourtConsul
etc. to be informed of date and place of proceedingsprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 53ins o in c pubd gaz 20 June 1925 p
2386amd o in c pubd gaz 25 August 1934 p
513No fees payableprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 54ins o
in c pubd gaz 20 June 1925 p 2386amd o in c pubd
gaz 25 August 1934 p 513Power of examinerprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 55ins o
in c pubd gaz 20 June 1925 p 23867. Dispensing with
rules of evidencehdg prec r 56prev hdg ins o in
c pubd gaz 27 October 1928 p 1434om o in c pubd
gaz 25 August 1934 p 513pres hdg ins 1996 SL No. 97 s 3Court
may dispense with rules of evidencer 56prev
r 56 ins o in c pubd gaz 27 October 1928 p 1434om o in c pubd
gaz 25 August 1934 p 513pres r 56 ins 1996 SL No. 97 s
3r 57ins o in c pubd gaz 27 October 1928 p
1434om o in c pubd gaz 25 August 1934 p
513r 58ins o in c pubd gaz 27 October 1928 p
1434om o in c pubd gaz 25 August 1934 p
513r 59ins o in c pubd gaz 27 October 1928 p
1434om o in c pubd gaz 25 August 1934 p
513r 60ins o in c pubd gaz 27 October 1928 p
1434om o in c pubd gaz 25 August 1934 p
513r 61ins o in c pubd gaz 27 October 1928 p
1434om o in c pubd gaz 25 August 1934 p
513ORDER 41—AFFIDAVITSDescription of
abode or true place of business or employment of deponent to
bestatedr 5sub o
in c pubd gaz 2 July 1983 p 1464Jurat several
sheetsr 6amd o in c pubd gaz 14 December 1965
pp 1431–649Exhibitsr 15sub o
in c pubd gaz 14 December 1965 pp 1431–649Certificate on
exhibitprov hdgamd rule pubd gaz
29 March 1902 p 1035r 16sub o in c pubd gaz 14 December 1965
pp 1431–649
904Rules of the Supreme CourtUse of
figuresr 16Ains o in c pubd gaz 14 December 1965
pp 1431–649Affidavit sworn before the partyr
19amd o in c pubd gaz 14 December 1965 pp
1431–649sub o in c pubd gaz 31 August 1974 p
2328Notice of trailr 29amd
1997 SL No. 266 s 22ORDER 42—MOTION FOR JUDGMENTMotion
for judgment on default or on admissionsr 7ins
rule pubd gaz 6 April 1901 p 1228amd rule pubd gaz
29 March 1902 p 1035ORDER 43—JUDGMENT ABSOLUTE IN ACTIONS FOR
DISSOLUTION OFMARRIAGEhdgom o
in c pubd gaz 14 December 1965 pp 1431–649Service of
Judgment Nisi on Attorney-Generalr 1om o
in c pubd gaz 14 December 1965 pp 1431–649Party showing
Cause against Judgment Nisi to Appear and Deliver Defencer
2om o in c pubd gaz 14 December 1965 pp
1431–649Pleadingsr 3om o
in c pubd gaz 14 December 1965 pp 1431–649Trialr4om o in c pubd gaz 14 December 1965 pp
1431–649Judgment absoluter 5sub o
in c pubd gaz 10 March 1945 p 589amd o in c pubd
gaz 11 October 1947 p 977om o in c pubd gaz 14 December 1965 pp
1431–649Evidencer 6sub o
in c pubd gaz 10 March 1945 p 589om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER 44—ENTRY OF
JUDGMENTSTimetobestatedfordoinganyactorderedtobedone—memorandumtobeendorsedr 4amdoincpubdgaz26April1924p1233;14December1965pp
1431–649
905Rules of the Supreme CourtORDER
45—RELIEF AGAINST JUDGMENTS AND ORDERSPetitions for
Reversal of Judgment of Judicial Separationr 4om o
in c pubd gaz 14 December 1965 pp 1431–649Appearance to be
Entered in Actionr 5om o in c pubd gaz 14 December 1965 pp
1431–649Subsequent Proceedingsr 6om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER 46—MONEYS IN
COURThdgamd o in c pubd gaz 9 April 1988 pp
2077–83Payment or deposit of money in courtr
1sub o in c pubd 9 April 1988 pp
2077–83amd o in c pubd gaz 28 January 1989 p 637
(repealed by o in c pubd gaz20 April 1991 p
2539); 20 April 1991 p 2539Defamationprov hdgamd o
in c pubd gaz 14 December 1965 pp 1431–649r 2amd o
in c pubd gaz 14 December 1965 pp 1431–649sub o in c pubd
gaz 9 April 1988 pp 2077–83Disposal of money in courtr
3sub o in c pubd gaz 9 April 1988 pp
2077–83AffidavitsuponPetitionsunderStatuteDirectingPurchase-moneytobepaidinto Courtr
4om o in c pubd gaz 9 April 1988 pp
2077–83Payment or Non-payment of Duty to be
Statedr 5om o in c pubd gaz 9 April 1988 pp
2077–83Dormant Fundsr 6om o
in c pubd gaz 9 April 1988 pp 2077–83ORDER
47—EXECUTIONFor payment of alimony or maintenance or
costsprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 6Ains o
in c pubd gaz 26 April 1924 p 1233Date and form of
writr 13amd o in c pubd gaz 14 December 1965
pp 1431–649Affidavit of debt in certain casesr
14amd o in c pubd gaz 14 December 1965 pp
1431–649Costs of executionr 16sub o
in c pubd gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 4 June 1977 pp 797–805
906Rules of the Supreme CourtAmount
of money and interest to be recovered to be endorsedr
17amd o in c pubd gaz 14 December 1965 pp
1431–649sub o in c pubd gaz 7 April 1984 pp
1455–6Leave to issue execution in certain
casesr 24amd o in c pubd gaz 14 December 1965
pp 1431–649Examination of judgment debtor as to debts
owing to him or herr 33amd o in c pubd gaz 14 December 1965
pp 1431–649; 17 September 1983p 261When
receiver may be appointedr 36amd rule pubd gaz
3 November 1900 p 1260ORDER 48—WRITS OF FIERI FACIAS, ELEGIT,
AND SEQUESTRATIONAdvertisementsr 12amd o
in c pubd gaz 30 January 1926 p 333; 11 February 1978 pp
492–4ORDER 49—ATTACHMENT OF DEBTSOrder
for attachment of debtsr 1amdrulepubdgaz3October1903pp638–9;oincpubdgaz27June1922
pp 1815–19Effect of orderr 2amd o
in c pubd gaz 27 June 1922 pp 1815–19Execution against
garnisheer 3amd rule pubd gaz 3 October 1903 pp
638–9Trial of claim of third person and order
thereon or on non-appearancer 6amd
rule pubd gaz 3 November 1900 p 1260; 3 October 1903 pp
638–9Costs of proceedingsr 8amd
rule pubd gaz 3 October 1903 pp 638–9ORDER
53—ATTACHMENT AND COMMITTALEffect of writ of attachmentr
1amd o in c pubd gaz 11 July 1964 p
1251ORDER54—ACTIONSBYANDAGAINSTFIRMSANDPERSONSCARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWNNotice in what
capacity servedr 6amd rule pubd gaz 6 April 1901 p
1228ORDER 55—ACTIONS ON PENAL BONDSAscertainment of damages on further
breachesr 2amd o in c pubd gaz 29 January 1966 pp
812–13
907Rules of the Supreme CourtORDER
57—ACTIONS FOR MANDAMUS AND INJUNCTIONTrial of
actionr 2amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER58—INSPECTIONOFPROPERTY—INTERIMCUSTODY,ANDMANAGEMENTOFRECEIVERS—STOP ORDERSReceivers—security
by and allowance to—form of securityr 13amd
rule pubd gaz 3 November 1900 p 1260PRESERVATION,PROPERTY—Fixingdaysforreceiverstoleaveandpasstheiraccountsandpayinbalances—neglect of receiversr
15amd o in c pubd gaz 14 December 1965 pp
1431–649Leaving account in registryr 17
prov hdgamd rule pubd gaz 29 March 1902 p
1035Order to prevent transfer or payment without
notice to applicantr 22amd rule pubd gaz 6 April 1901 p
1228ORDER 59—INTERPLEADERMatters to be
proved by applicantr 4amd o in c pubd gaz 27 June 1922 pp
1815–19Stay of actionr 7amd o
in c pubd gaz 27 June 1922 pp 1815–19ORDER
60A—PREVENTION OF VEXATIOUS PROCEEDINGShdgins o
in c pubd gaz 9 October 1943 pp 1248–9om o in c pubd
gaz 2 July 1983 p 1464Order that no proceedings be brought by
vexatious litigant without leaveprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 1ins o
in c pubd gaz 9 October 1943 pp 1248–9om o in c pubd
gaz 2 July 1983 p 1464Copy of order to be published in
Gazetteprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 2ins o
in c pubd gaz 9 October 1943 pp 1248–9om o in c pubd
gaz 2 July 1983 p 1464ORDER 61—TRANSFERS AND
CONSOLIDATIONPower of one Judge to hear Cause or Matter
for Anotherr 2om o in c pubd gaz 14 December 1965 pp
1431–649Transfer of action where order for winding-up
or administration mader 3amd o in c pubd
gaz 14 December 1965 pp 1431–649
908Rules of the Supreme CourtWhen
Cause or Matter has ben Triedr 4om o
in c pubd gaz 14 December 1965 pp 1431–649Consolidation of
causes or mattersr 5amd o in c pubd gaz 14 December 1965
pp 1431–649In case of absence etc. of central, northern
or far northern judgeprov hdgamd 1997 SL No.
266 s 23(1)r 6amd 1997 SL No. 266 s 23(2)–(5)Notice, how givenr 7amd
1997 SL No. 266 s 24Order to be communicated in writingprov
hdgamd 1997 SL No. 266 s 25(1)r
8amdrulepubdgaz3November1900p1260;1997SLNo.266s 25(2)–(3)Transfers in other
casesr 9amd 1997 SL No. 266 s 26ORDER
62—MOTIONSTo be moved by counsel in order of
seniorityr 5amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER 63—PETITIONSTime for
hearingr 5amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER 64—ORIGINATING SUMMONSESPower
to make declaration on summonsprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 1Ains o
in c pubd gaz 12 December 1959 p 2146amd o in c pubd
gaz 14 December 1965 pp 1431–649Construction of
statuteprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 1Bins o
in c pubd gaz 12 December 1959 p 2146Questions of
lawr 1BBins o in c pubd gaz 14 December 1965
pp 1431–649Serviceprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 1Cins o
in c pubd gaz 12 December 1959 p 2146Evidenceprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 1Dins o in c pubd gaz 12 December 1959 p
2146
909Rules of the Supreme CourtDiscretion of Courtr 1Eins o
in c pubd gaz 12 December 1959 p 2146sub o in c pubd
gaz 14 December 1965 pp 1431–649Form of
summonsr 2amd rule pubd gaz 3 November 1900 p
1260Solicitorshdg prec r
7ins rule pubd gaz 2 November 1901 p
526Account by solicitorr 7ins
rule pubd gaz 2 November 1901 p 526ORDER
65—CHAMBERSGeneral jurisdictionr 1amd o
in c pubd gaz 14 December 1965 pp 1431–649Powers of
registrarprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 1Ains o
in c pubd gaz 27 June 1922 pp 1815–19amdoincpubdgaz25November1933p1208;22December1934p1862;11April1959p2019;14December1965pp1431–649;13 March 1982 p
1047; 1997 SL No. 266 s 27r 1Bins o in c pubd
gaz 21 June 1941 p 2300om o in c pubd gaz 14 December 1965 pp
1431–649Ex parte applications in generalr
4amd rule pubd gaz 6 April 1901 p 1228By
what Judge Heardr 9om o in c pubd gaz 14 December 1965 pp
1431–649Right of audience in chambersr
11amdoincpubdgaz16August1947p495;19October1963p575;20 December 1969
p 1722; 3 March 1979 p 781sub 1993 SL No. 132 s 3Proceedings when any party fails to
attendprov hdgamd rule pubd gaz
6 April 1901 p 1228r 12amd rule pubd gaz 6 April 1901 p
1228Reconsideration of proceeding—costsprov
hdgamd rule pubd gaz 6 April 1901 p 1228r
13amd rule pubd gaz 6 April 1901 p 1228Costs
thrown away by non-attendance of any partyr 14amd
rule pubd gaz 6 April 1901 p 1228What matters to be
included in the same summonsr 15 prov
hdgamd rule pubd gaz 29 March 1902 p
1035
910Rules of the Supreme CourtORDER
65A—LISTING APPLICATIONS FOR HEARINGhdgins
1993 SL No. 44 s 7Applicationr 1ins
1993 SL No. 44 s 7List of applicationsr 2ins
1993 SL No. 44 s 7Estimate of hearing timer 3ins
1993 SL No. 44 s 7Adjournmentsr 4ins
1993 SL No. 44 s 7Sequence of listingr 5ins
1993 SL No. 44 s 7Sequence of hearingr 6ins
1993 SL No. 44 s 7ORDER 66—ORDERSWhen orders need
not be drawn upr 5amd rule pubd gaz 6 April 1901 p
1228sub o in c pubd gaz 20 December 1986 pp
2395–6amd o in c pubd gaz 24 January 1987 p
387Orders for juryr 6amd o
in c pubd gaz 14 December 1965 pp 1431–649Consent
ordersr 7amd o in c pubd gaz 19 January 1985 p
145Matrimonial Actionsr 8om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
67—PROCEEDINGS UNDER JUDGMENTS AND ORDERSCopy of Judgment
or Orderr 1om o in c pubd gaz 27 June 1922 pp
1815–19Registrar’s Note when Order not Drawn
Upr 2om o in c pubd gaz 20 December 1986 pp
2395–6Names of Solicitorsr 3om o
in c pubd gaz 27 June 1922 pp 1815–19Copies of
certificates of entry of memoranda of servicer 4amd
rule pubd gaz 29 March 1902 p 1035om o in c pubd
gaz 27 June 1922 pp 1815–19Time for Bringing in Judgment:
Directing Accounts and Inquiriesr 5om o
in c pubd gaz 14 December 1965 pp 1431–649
911Rules of the Supreme CourtSummons to proceed with accounts and
inquiries directed—directionsr 6amd o
in c pubd gaz 14 December 1965 pp 1431–649Stayofproceedingswhereallnecessarypartieshavenotbeenservedwithnotice of judgment or orderr
10amd o in c pubd gaz 14 December 1965 pp
1431–649Accounts etc. to be taken by registrarr
15amd o in c pubd gaz 8 November 1980 pp
1095–6Powers of registrarr 16amd o
in c pubd gaz 14 December 1965 pp 1431–649Mode of vouching
accountsr 21amdrulepubdgaz3November1900p1260;oincpubdgaz14 December 1965 pp 1431–649Report
by registrarr 67amd rule pubd gaz 2 November 1901 p
526ORDER 68—SALES BY THE COURTAbstract of title to be laid before
conveyancing counselr 2amd rule pubd gaz 3 November 1900 p
1260Prints of particulars and conditions of
saler 9 prov hdgamd rule pubd gaz
29 March 1902 p 1035ORDER 69—SPECIAL PROVISIONS AS TO MATRIMONIAL
ACTIONShdgom o in c pubd gaz 14 December 1965 pp
1431–6491. INCIDENTAL QUESTIONShdg prec r
1om o in c pubd gaz 14 December 1965 pp
1431–649Collateral Relief may be Applied for by
Motion or Summonsr 1om o in c pubd gaz 14 December 1965 pp
1431–6492. ALIMONYhdg prec r
2om o in c pubd gaz 14 December 1965 pp
1431–649Application for Alimonyr 2om o
in c pubd gaz 14 December 1965 pp 1431–649In Wife’s
Actionr 3om o in c pubd gaz 14 December 1965 pp
1431–649Notice to file affidavit in answerprov
hdgamd rule pubd gaz 29 March 1902 p
1035r 4om o in c pubd gaz 14 December 1965 pp
1431–649Service of Petition with Writr
5om o in c pubd gaz 14 December 1965 pp
1431–649
912Rules of the Supreme CourtService on Husband in Defaultr
6om o in c pubd gaz 14 December 1965 pp
1431–649Time for Answer when Served with Writr
7amd rule pubd gaz 29 March 1902 p
1035om o in c pubd gaz 14 December 1965 pp
1431–649Time for Answer by Defendant who has
Appearedr 8om o in c pubd gaz 14 December 1965 pp
1431–649Time in Other Casesr 9amd
rule pubd gaz 8 June 1901 pp 300–1om o in c pubd
gaz 14 December 1965 pp 1431–649Husband’s
Actionr 10om o in c pubd gaz 14 December 1965 pp
1431–649Answer of Husbandr 11om o
in c pubd gaz 14 December 1965 pp 1431–649Service of
Answerr 12om o in c pubd gaz 14 December 1965 pp
1431–649Further Answerr 13om o
in c pubd gaz 14 December 1965 pp 1431–649Motion for
Allowance of Alimony—Evidencer 14om o
in c pubd gaz 14 December 1965 pp 1431–649Permanent
Alimonyprov hdgamd rule pubd gaz
6 April 1901 p 1228r 15amd rule pubd gaz 6 April 1901 p
1228om o in c pubd gaz 14 December 1965 pp
1431–649When no Alimony Previously Grantedr
16amd rule pubd gaz 6 April 1901 p 1228om o
in c pubd gaz 14 December 1965 pp 1431–649Variation of
Amountr 17om o in c pubd gaz 14 December 1965 pp
1431–649Procedurer 18om o
in c pubd gaz 14 December 1965 pp 1431–649Commencement of
Permanent Alimonyr 19om o in c pubd gaz 14 December 1965 pp
1431–649To Whom to be Paidr 20om o
in c pubd gaz 14 December 1965 pp 1431–6493. CUSTODY AND
ACCESS TO CHILDRENhdg prec r 21om o in c pubd
gaz 14 December 1965 pp 1431–649Order for Custody,
Maintenance, Education, or Accessr 21om o
in c pubd gaz 14 December 1965 pp 1431–649
913Rules of the Supreme CourtDefendant may be Heard without Filing
Defenceprov hdgamd rule pubd gaz
8 June 1901 pp 300–1r 22amd rule pubd gaz 8 June 1901 pp
300–1om o in c pubd gaz 14 December 1965 pp
1431–6494. GUARDIANS TO MINORShdg prec r
23om o in c pubd gaz 14 December 1965 pp
1431–649Election of Guardians by Minorsr
23om o in c pubd gaz 14 December 1965 pp
1431–649Election to be Filedr 24om o
in c pubd gaz 14 December 1965 pp 1431–649Appointment of
Guardian by Judger 25om o in c pubd gaz 14 December 1965 pp
1431–649No Guardian Necessary for Co-defendant
Minorr 26om o in c pubd gaz 14 December 1965 pp
1431–6495. ORDERS AS TO MAINTENANCE AND
SETTLEMENTShdg prec r 27om o in c pubd
gaz 14 December 1965 pp 1431–649Petition with
Respect to Settlements—Timer 27om o in c pubd
gaz 14 December 1965 pp 1431–649Time of
Application for Maintenancer 28om o in c pubd
gaz 14 December 1965 pp 1431–649Servicer
29om o in c pubd gaz 14 December 1965 pp
1431–649Answerr 30om o
in c pubd gaz 14 December 1965 pp 1431–649Appearance of
Parties not Parties to Actionr 31om o
in c pubd gaz 14 December 1965 pp 1431–649Further
Proceedingsr 32amd rule pubd gaz 8 June 1901 pp
300–1om o in c pubd gaz 14 December 1965 pp
1431–649Costsr 33om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER 70—APPEALS
AND NEW TRIALSAppeals to be by way of rehearingr
1amd rule pubd gaz 15 October 1993 pp
573–82Mode of instituting appealsr
2amd rule pubd gaz 6 April 1901 p 1228; o in
c pubd gaz 14 December1965 pp 1431–649; rule pubd gaz 15
October 1993 pp 573–82To whom notice to be givenr
3amd rule pubd gaz 15 October 1993 pp
573–82
914Rules of the Supreme CourtServing of notice of appealr
4amd rule pubd gaz 6 April 1901 p 1228; o in
c pubd gaz 14 December1965 pp 1431–649sub rule pubd gaz
15 October 1993 pp 573–82Payment of security or depositr
5amdoincpubdgaz29March1958p1422;14December1965pp
1431–649sub o in c pubd gaz 23 October 1982 p
911amd o in c pubd gaz 19 January 1985 p
145sub rule pubd gaz 15 October 1993 pp
573–82Appeals from refusal of ex parte
applicationsr 6sub rule pubd gaz 15 October 1993 pp
573–82amd 1997 SL No. 266 s 28Length of
Noticer 7om rule pubd gaz 15 October 1993 pp
573–82Time for Setting Downr 8om
rule pubd gaz 15 October 1993 pp 573–82InCentralandNorthernAppealsCopyofNoticeofAppealtobeFiledinBrisbaner 9om o
in c pubd gaz 14 December 1965 pp 1431–649Cross
appealsr 13amdoincpubdgaz14December1965pp1431–649;rulepubdgaz15
October 1993 pp 573–82Time for giving of notice and filing of
copy of noticer 14sub rule pubd gaz 15 October 1993 pp
573–82Notice to registrarr 14Ains o
in c pubd gaz 14 December 1965 pp 1431–649Documents to be
forwardedr 15sub rule pubd gaz 15 October 1993 pp
573–82r 16amd rule pubd gaz 6 April 1901 p
1228sub o in c pubd gaz 14 December 1965 pp
1431–649amd o in c pubd gaz 11 February 1978 pp
492–4sub rule pubd gaz 18 January 1992 pp
174–5amd rule pubd gaz 15 October 1993 pp
573–82r 16Ains rule pubd gaz 18 January 1992 pp
174–5amd rule pubd gaz 15 October 1993 pp
573–82Evidence on Appealsr 17om o
in c pubd gaz 14 December 1965 pp 1431–649Interlocutory
orders not appealed from not to bar reliefr 18amd
rule pubd gaz 15 October 1993 pp 573–82
915Rules of the Supreme CourtRule
nisi on appeal from Central, Northern or Far Northern Courtprov
hdgamd 1997 SL No. 266 s 29(1)r
19amdrulepubdgaz15October1993pp573–82;1997SLNo.266s 29(2)–(3)Applications for
new trials of causes heard before a Judger 20amd
rule pubd gaz 15 October 1993 pp 573–82Applications for
new trials of cases tried by jury to be by notice of appealr
21sub rule pubd gaz 15 October 1993 pp
573–82Amendment of notice of appealr
22sub rule pubd gaz 15 October 1993 pp
573–82Timer 23amd rule pubd gaz
15 October 1993 pp 573–82Power of Courtr 26amd
rule pubd gaz 15 October 1993 pp 573–82Notes of ruling or
directionr 27amd rule pubd gaz 6 April 1901 p 1228;
o in c pubd gaz 14 December1965 pp 1431–649; rule pubd gaz 15
October 1993 pp 573–82Appeal for a new trial not to be stay
of proceedingsprov hdgamd rule pubd gaz
15 October 1993 pp 573–82r 28amd rule pubd gaz
15 October 1993 pp 573–82Return of documents to court
belowr 29sub rule pubd gaz 15 October 1993 pp
573–82Costs to be taxed in Brisbaner
30amd rule pubd gaz 15 October 1993 pp
573–82Return of Papers in Central and Northern
Appealsr 31om rule pubd gaz 15 October 1993 pp
573–824. Appeals under statuteshdg prec r
32ins o in c pubd gaz 27 June 1922 pp
1815–19sub o in c pubd gaz 14 December 1965 pp
1431–649para prec r 32ins o in c pubd
gaz 27 June 1922 pp 1815–19om o in c pubd gaz 14 December 1965 pp
1431–6495. APPEALS FROM MAGISTRATES COURTShdg
prec r 32ins o in c pubd gaz 27 June 1922 pp
1815–19om o in c pubd gaz 14 December 1965 pp
1431–649Application of order to appealsr
32suboincpubdgaz27June1922pp1815–19;14December1965pp
1431–649amd rule pubd gaz 15 October 1993 pp
573–82
916Rules of the Supreme Court5.
Appeals from registrarshdg prec r 33ins o in c pubd
gaz 27 June 1922 pp 1815–19amd o in c pubd gaz 14 December 1965
pp 1431–649r 33ins o in c pubd gaz 27 June 1922 pp
1815–196. Appeals from District Courtshdg
prec r 34ins o in c pubd gaz 2 May 1959 pp
35–8amd o in c pubd gaz 14 December 1965 pp
1431–649Appeals from District Courtsprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649om o in c pubd gaz 13 October 1984 pp
700–1r 34ins o in c pubd gaz 2 May 1959 pp
35–8sub o in c pubd gaz 13 October 1984 pp
700–1r 35ins o in c pubd gaz 13 October 1984 pp
700–1amd rule pubd gaz 15 October 1993 pp
573–82Return of recordsr 36ins o
in c pubd gaz 13 October 1984 pp 700–1sub rule pubd gaz
15 October 1993 pp 573–827. Exercise of appellate jurisdiction
and powershdg prec r 37ins rule pubd gaz
29 February 1992 p 1235r 37ins rule pubd gaz
29 February 1992 p 1235Miscellaneousr 38ins
rule pubd gaz 15 October 1993 pp 573–82ORDER71—PROBATEANDADMINISTRATION—COMMONFORMBUSINESSApplications to be
made by requestprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 1sub o
in c pubd gaz 20 December 1958 pp 2122–7amdoincpubdgaz11February1978pp492–4;6September1980pp
1–16Affidavitsr 2amd o
in c pubd gaz 20 December 1958 pp 2122–7Advertisementsr 3sub
rule pubd gaz 2 November 1901 p 526; o in c pubd gaz 14
December1965 pp 1431–649amd o in c pubd
gaz 11 February 1978 pp 492–4; 1997 SL No. 266 s 30Notice
to claimantsr 3Ains o in c pubd gaz 14 December 1965
pp 1431–649amd o in c pubd gaz 11 February 1978 pp
492–4
917Rules of the Supreme CourtNotice
to Public Trustee or Local Deputy Public Trustee in certain
casesprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 4sub o
in c pubd gaz 20 December 1958 pp 2122–7amd o in c pubd
gaz 23 August 1975 p 1853Grant not to be made within Thirty Days
of Deathr 8om o in c pubd gaz 6 September 1980 pp
1–16Accounting for Delayr 10om o
in c pubd gaz 11 February 1978 pp 492–4Affidavit with
will, date of death—certificate of deathprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649amd o in c pubd
gaz 6 September 1980 pp 1–16r 11sub o
in c pubd gaz 20 December 1958 pp 2122–7amd o in c pubd
gaz 14 December 1965 pp 1431–649; 6 September 1980pp
1–16Married Womenr 24amd o
in c pubd gaz 20 December 1958 pp 2122–7om o in c pubd
gaz 11 February 1978 pp 492–4Copy will and
codicils—engrossmentsprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 25amd o
in c pubd gaz 9 October 1943 pp 1248–9sub o in c pubd
gaz 29 May 1948 p 2168amd o in c pubd gaz 14 December 1965
pp 1431–649; 6 September 1980pp 1–16Marginal noter 26sub o
in c pubd gaz 6 September 1980 pp 1–16Affidavit in case
of intestacyprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 27sub o
in c pubd gaz 20 December 1958 pp 2122–7amd o in c pubd
gaz 13 March 1982 p 1047Next of kin to be namedr
28sub rule pubd gaz 10 August 1907 p
320Marginal Note of Valuer 35om o
in c pubd gaz 13 March 1982 p 1047Grant where
intestacy not to be made within 30 days of deathr
40prev r 40 om o in c pubd gaz 11 February
1978 pp 492–4pres r 40 ins o in c pubd gaz 13 March 1982
p 1047Administration of estates of persons without
next of kinr 41amd o in c pubd gaz 16 December 1978 p
1793Summons to persons interestedr
42amd o in c pubd gaz 20 December 1958 pp
2122–7
918Rules of the Supreme CourtSureties to be Given by Administratorr
48amd rule pubd gaz 2 November 1901 p 526; 3
October 1903 pp 638–9;22June1907p1652;5May1917p1380;oincpubdgaz22December1934p1862;28October1950p1827;14December1965 pp
1431–649om o in c pubd gaz 13 March 1982 p
1047Justificationr 49om o
in c pubd gaz 13 March 1982 p 1047Security when
grant to an authorised companyr 50amd o
in c pubd gaz 14 December 1965 pp 1431–649Notice to
caveatorr 54amd o in c pubd gaz 20 December 1958
pp 2122–7To be given by registrar—formr
55amd o in c pubd gaz 20 December 1958 pp
2122–7Caveator to enter appearancer
56amd o in c pubd gaz 20 December 1958 pp
2122–7Default of appearancer 57amd o
in c pubd gaz 20 December 1958 pp 2122–7Action to be
brought—servicer 58amd o in c pubd gaz 20 December 1958
pp 2122–7Limited caveatr 64amd o
in c pubd gaz 20 December 1958 pp 2122–7Application to be
made to registrarr 65amd o in c pubd gaz 20 December 1958
pp 2122–7; 14 December 1965pp 1431–649Noticer
66sub o in c pubd gaz 14 December 1965 pp
1431–649amd o in c pubd gaz 6 September 1980 pp
1–16Affidavit by applicantr 67amd o
in c pubd gaz 14 December 1965 pp 1431–649Administrator to
Give Bondr 68amd o in c pubd gaz 14 December 1965
pp 1431–649om o in c pubd gaz 13 March 1982 p
1047Caveat of creditor or beneficiary or next of
kin requiring securityr 69amd rule pubd gaz
3 November 1900 p 1260Delay of 3 yearsr 75om o
in c pubd gaz 14 December 1965 pp 1431–649Revocation of
grants without action—limited grantsr 84amd o
in c pubd gaz 20 December 1958 pp 2122–7Witnessesr
88amd o in c pubd gaz 20 December 1958 pp
2122–7
919Rules of the Supreme CourtORDER
72—PROCEEDINGS UNDER THE INTESTACY ACT 1877hdgamdoincpubdgaz21December1957p2025;20December1958pp
2122–7Title of proceedingsr 1amd o
in c pubd gaz 20 December 1958 pp 2122–7Applications as to
administrationr 2prev r 2 om o in c pubd gaz 20
December 1958 pp 2122–7pres r 2 (prev r 8) renum o in c pubd
gaz 20 December 1958 pp 2122–7Removal of
creditor administratorr 3prev r 3 om o in
c pubd gaz 20 December 1958 pp 2122–7pres r 3 (prev r
9) amd o in c pubd gaz 20 December 1958 pp 2122–7renum
o in c pubd gaz 20 December 1958 pp 2122–7Order to
Administerr 4om o in c pubd gaz 20 December 1958 pp
2122–7Appearance by Objectorr 5om o
in c pubd gaz 20 December 1958 pp 2122–7Notice of
Hearingr 6om o in c pubd gaz 20 December 1958 pp
2122–7Application to be made at Chambersr
7om o in c pubd gaz 20 December 1958 pp
2122–7Applications as to administrationr
8renum as r 2 o in c pubd gaz 20 December
1958 pp 2122–7Removal of creditor administratorr
9renum as r 3 o in c pubd gaz 20 December
1958 pp 2122–7Revocation of Orders to Administerr
10ins o in c pubd gaz 21 December 1957 p
2025om o in c pubd gaz 20 December 1958 pp
2122–7ORDER 72A—PROCEEDINGS UNDER THE PUBLIC
TRUSTEE ACT 1978hdgins o in c pubd gaz 20 December 1958
pp 2122–7Applications to be made by requestprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 1ins o in c pubd gaz 20 December 1958
pp 2122–7Revocation of orderprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 2ins o
in c pubd gaz 20 December 1958 pp 2122–7ORDER73—EXECUTORS’ADMINISTRATORS’ANDTRUSTEES’ACCOUNTShdgsuboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649
920Rules of the Supreme CourtFiling
and passing account on application of person interestedr
1amd o in c pubd gaz 5 July 1952 p
1304suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Order requiring
accountr 2amd rule pubd gaz 3 November 1900 p
1260; o in c pubd gaz 5 July 1952p 1304suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Accountr
3suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Noticer4suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Appearance of
person interestedr 5suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Servicer6amd rule pubd gaz 2 November 1901 p
526suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Examination of
accountr 7amd o in c pubd gaz 16 July 1955 p
1242suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Examination of
account, appearances—proceeding ex parte—vouchingr
8suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Certificater
9suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Application to
Judger 10amd rule pubd gaz 3 November 1900 p
1260suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Power of
Judger 11suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Costsr
12suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4
921Rules of the Supreme CourtAmended or further accountr
13suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Renewal of
objection in subsequent actionr 14suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Evidence in
subsequent actionr 15suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4General practice
to applyr 16suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Combined
executors’ and trustees’ accountr 17suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Allowance of
commission in actionr 18suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Powers of taxing
officerr 19suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649; 11 February 1978 pp 492–4Renewal of
objection in subsequent actionr 20suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649om o in c pubd gaz 11 February 1978 pp
492–4Evidence in subsequent actionr
21suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649om o in c pubd gaz 11 February 1978 pp
492–4Default by executor or administratorr
22suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649om o in c pubd gaz 11 February 1978 pp
492–4Combined default to be treated as
contemptprov hdgamd rule pubd gaz
29 March 1902 p 1035r 23suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649om o in c pubd gaz 11 February 1978 pp
492–4Dispensing with accounts by Courtr
24suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649om o in c pubd gaz 11 February 1978 pp
492–4
922Rules of the Supreme CourtGeneral practice to applyr 25ins o
in c pubd gaz 20 December 1958 pp 2122–7sub o in c pubd
gaz 14 December 1965 pp 1431–649om o in c pubd
gaz 11 February 1978 pp 492–4Combined
executors’ and trustees’ accountsr 26ins o
in c pubd gaz 20 December 1958 pp 2122–7sub o in c pubd
gaz 14 December 1965 pp 1431–649om o in c pubd
gaz 11 February 1978 pp 492–4Allowance of
commission in actionr 27ins o in c pubd gaz 20 December 1958
pp 2122–7sub o in c pubd gaz 14 December 1965 pp
1431–649om o in c pubd gaz 11 February 1978 pp
492–4Powers of Taxing Officerr 28ins o
in c pubd gaz 20 December 1958 pp 2122–7sub o in c pubd
gaz 14 December 1965 pp 1431–649om o in c pubd
gaz 11 February 1978 pp 492–4r 29ins o
in c pubd gaz 20 December 1958 pp 2122–7om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER74—SUMMARYRELIEFAGAINSTEXECUTORS,ADMINISTRATORS AND TRUSTEEShdgsuboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649Relief in case of neglect or refusal by
executor, administrator or trusteer 1suboincpubdgaz20December1958pp2122–7;14December1965pp
1431–649r 2amd rule pubd gaz 2 November 1901 p
526sub o in c pubd gaz 20 December 1958 pp
2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 3amd o in c pubd gaz 16 July 1955 p
1242sub o in c pubd gaz 20 December 1958 pp
2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 4sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 5sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649prov hdgamd rule pubd gaz
29 March 1902 p 1035om o in c pubd gaz 20 December 1958 pp
2122–7r 6amd rule pubd gaz 3 November 1900 p
1260; 29 March 1902 p 1035sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649
923Rules of the Supreme Courtr
7sub o in c pubd gaz 20 December 1958 pp
2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 8sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 9sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 10sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 11sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 12sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 13sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 14sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 15sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 16sub o in c pubd gaz 20 December 1958
pp 2122–7om o in c pubd gaz 14 December 1965 pp
1431–649r 17ins rule pubd gaz 26 March 1904 p
1166sub o in c pubd gaz 20 December 1958 pp
2122–7om o in c pubd gaz 14 December 1965 pp
1431–649ORDER75—PROCEEDINGSUNDERTHETRUSTEESANDEXECUTORSACT 1897Notice
of applicationsr 8amd rule pubd gaz 6 April 1901 p
1228ORDER75A—PROVISIONSASTOACTIONSINTORTBETWEENHUSBAND AND
WIFEhdgins o in c pubd gaz 31 August 1968 p
1806r 1ins o in c pubd gaz 31 August 1968 p
1806ORDER 78—ARREST OF ABSCONDING
DEFENDANTSWrit to be executed within 2 monthsr
4amd o in c pubd gaz 4 April 1964 p
1228Bail bondr 6amd
rule pubd gaz 3 November 1900 p 1260
924Rules of the Supreme CourtDeposit to be paid into courtr
7amd o in c pubd gaz 14 December 1965 pp
1431–649Endorsement of executionr 8amd
rule pubd gaz 3 November 1900 p 1260Number of
suretiesr 15amd o in c pubd gaz 14 December 1965
pp 1431–649Liability of suretiesr 24amd o
in c pubd gaz 14 December 1965 pp 1431–649ORDER
80—PROCEEDINGS RELATING TO MENTALLY ILL PERSONShdgsub o
in c pubd gaz 14 December 1965 pp 1431–6491.
INTRODUCTORYhdg prec r 1om o in c pubd
gaz 14 December 1965 pp 1431–649Title of
proceedingsr 1sub o in c pubd gaz 14 December 1965
pp 1431–649Proceedings in chambersr 2sub o
in c pubd gaz 14 December 1965 pp 1431–649Original
proceedings for declaration that a person is mentally illr
3sub o in c pubd gaz 14 December 1965 pp
1431–6492. PROCEEDINGS FOR DECLARATION OF
INSANITYhdg prec r 4om o in c pubd
gaz 14 December 1965 pp 1431–649Servicer
4sub o in c pubd gaz 14 December 1965 pp
1431–649Request for juryr 5sub o
in c pubd gaz 14 December 1965 pp 1431–649Discharge of
persons alleged to be mentally illr 6sub o
in c pubd gaz 14 December 1965 pp 1431–649Party becoming
mentally illr 7sub o in c pubd gaz 14 December 1965
pp 1431–649Discharge of Alleged Lunaticsr
8om o in c pubd gaz 14 December 1965 pp
1431–6493. THE CURATOR IN INSANITYhdg
prec r 9om o in c pubd gaz 14 December 1965 pp
1431–649Proceedings before Curatorr
9om o in c pubd gaz 14 December 1965 pp
1431–649Recommendationsr 10om o
in c pubd gaz 14 December 1965 pp 1431–649Inquiries upon
Declaration of Insanityr 11om o in c pubd
gaz 14 December 1965 pp 1431–649
925Rules of the Supreme CourtInterim Certificater 12om o
in c pubd gaz 14 December 1965 pp 1431–649Other Inquiries by
Curatorr 13om o in c pubd gaz 14 December 1965 pp
1431–649Proposals and Compromisesr 14om o
in c pubd gaz 14 December 1965 pp 1431–649Result of
Inquiriesr 15om o in c pubd gaz 14 December 1965 pp
1431–649Parties to Attendr 16om o
in c pubd gaz 14 December 1965 pp 1431–649Notice in case of
Persons not Declared Insaner 17om o in c pubd
gaz 14 December 1965 pp 1431–649Notice to Commit
Lunaticsr 18om o in c pubd gaz 14 December 1965 pp
1431–649Evidencer 19om o
in c pubd gaz 14 December 1965 pp 1431–649References to
Registrarr 20om o in c pubd gaz 14 December 1965 pp
1431–6494. COMMITTEES AND RECEIVERShdg
prec r 21om o in c pubd gaz 14 December 1965 pp
1431–649Practice as to Committeesr 21om o
in c pubd gaz 14 December 1965 pp 1431–649Special Inquiries
as to Committeesr 22om o in c pubd gaz 14 December 1965 pp
1431–649Discharge of Committee on Recovery of
Lunaticr 23om o in c pubd gaz 14 December 1965 pp
1431–649Death of Lunaticr 24om o
in c pubd gaz 14 December 1965 pp 1431–6495. GENERALhdg
prec r 25om o in c pubd gaz 14 December 1965 pp
1431–649Recovery of Estate of Lunatic or
Damagesr 25om o in c pubd gaz 14 December 1965 pp
1431–649Application for Advicer 26om o
in c pubd gaz 14 December 1965 pp 1431–649By Whom
Application to be Mader 27om o in c pubd
gaz 14 December 1965 pp 1431–649Orders for
Maintenancer 28om o in c pubd gaz 14 December 1965 pp
1431–649
926Rules of the Supreme CourtProceeds for Sales of Propertyr
29om o in c pubd gaz 14 December 1965 pp
1431–649Returns to Inspectorr 30om o
in c pubd gaz 14 December 1965 pp 1431–649Notices to
Custodians of Lunaticsr 31om o in c pubd
gaz 14 December 1965 pp 1431–649Powers of Curator
as to Timer 32om o in c pubd gaz 14 December 1965 pp
1431–649ORDER81—RULESOFCOURTRELATINGTOAPPLICATIONSFORJUDICIAL REVIEW2hdgprev hdg om 1991 No. 100 s
58(2)pres hdg ins 1991 No. 100 s 58(4) sch
41. GENERALhdg prec r
1om 1991 No. 100 s 58(2)Interpretationr 1prev
r 1 om 1991 No. 100 s 58(2)pres r 1 ins 1991 No. 100 s 58(4) sch
4Form of application for statutory order of
reviewr 2prev r 2 om 1991 No. 100 s
58(2)pres r 2 ins 1991 No. 100 s 58(4) sch
4Form of application for reviewr
3prev r 3 om 1991 No. 100 s 58(2)pres
r 3 ins 1991 No. 100 s 58(4) sch 4Application for
statutory order of review and for reviewr 4amd
rule pubd gaz 6 April 1901 p 1228prev r 4 om 1991
No. 100 s 58(2)pres r 4 ins 1991 No. 100 s 58(4) sch
4Relief based on application for review if
application made for statutory order ofreviewr
5prev r 5 om 1991 No. 100 s 58(2)pres
r 5 ins 1991 No. 100 s 58(4) sch 4Related damages
claimr 6prev r 6 om 1991 No. 100 s
58(2)pres r 6 ins 1991 No. 100 s 58(4) sch
42. CERTIORARIhdg prec r
7om 1991 No. 100 s 58(2)2See
endnote 9.
927Rules of the Supreme CourtFiling
documentsr 7amdoincpubdgaz27June1922pp1815–19;2May1959pp35–8;14 December 1965
pp 1431–649prev r 7 om 1991 No. 100 s 58(2)pres
r 7 ins 1991 No. 100 s 58(4) sch 4Fixing of
directions hearingr 8prev r 8 om 1991 No. 100 s
58(2)pres r 8 ins 1991 No. 100 s 58(4) sch
4Service on other partiesr 9prev
r 9 om 1991 No. 100 s 58(2)pres r 9 ins 1991 No. 100 s 58(4) sch
4Orders and directions at directions
hearingr 10amd o in c pubd gaz 14 December 1965
pp 1431–649prev r 10 om 1991 No. 100 s 58(2)pres
r 10 ins 1991 No. 100 s 58(4) sch 4Hearing and
determination of application at directions hearing if parties
agreer 11prev r 11 om 1991 No. 100 s
58(2)pres r 11 ins 1991 No. 100 s 58(4) sch
4Non-appearance of parties at directions
hearingr 12prev r 12 om 1991 No. 100 s
58(2)pres r 12 ins 1991 No. 100 s 58(4) sch
43. MANDAMUShdg prec r
13om 1991 No. 100 s 58(2)Motion for
dismissal or stay at directions hearingr 13amd
rule pubd gaz 6 April 1901 p 1228prev r 13 om 1991
No. 100 s 58(2)pres r 13 ins 1991 No. 100 s 58(4) sch
4Motion for dismissal to be made
promptlyr 14prev r 14 om 1991 No. 100 s
58(2)pres r 14 ins 1991 No. 100 s 58(4) sch
4Motion for costs order at directions
hearingr 15prev r 15 om 1991 No. 100 s
58(2)pres r 15 ins 1991 No. 100 s 58(4) sch
4Interlocutory orders or directions to be
sought at directions hearingr 16prev
r 16 om 1991 No. 100 s 58(2)pres r 16 ins
1991 No. 100 s 58(4) sch 4Motionforinterlocutoryorderordirectionotherwisethanatdirectionshearingr 17prev
r 17 om 1991 No. 100 s 58(2)pres r 17 ins
1991 No. 100 s 58(4) sch 4
928Rules of the Supreme CourtNoncompliance with interlocutory orderr
18amd rule pubd gaz 6 April 1901 p 1228prev
r 18 om 1991 No. 100 s 58(2)pres r 18 ins
1991 No. 100 s 58(4) sch 4Additional requirements for order of
certiorarir 19prev r 19 om 1991 No. 100 s
58(2)pres r 19 ins 1991 No. 100 s 58(4) sch
4No action in relation to things done under
mandamus orderr 20prev r 20 om 1991 No. 100 s
58(2)pres r 20 ins 1991 No. 100 s 58(4) sch
4Consolidation of actions for prerogative
injunctionsr 21prev r 21 om 1991 No. 100 s
58(2)pres r 21 ins 1991 No. 100 s 58(4) sch
4Proceedings in relation to statements of
reasonsr 22prev r 22 om 1991 No. 100 s
58(2)pres r 22 ins 1991 No. 100 s 58(4) sch
4Use of affidavitsr 23prev
r 23 om 1991 No. 100 s 58(2)pres r 23 ins
1991 No. 100 s 58(4) sch 4Application by unincorporated
bodyr 24prev r 24 om 1991 No. 100 s
58(2)pres r 24 ins 1991 No. 100 s 58(4) sch
4Joining of action for declaration or
injunctionr 25prev r 25 om 1991 No. 100 s
58(2)pres r 25 ins 1991 No. 100 s 58(4) sch
4Timer 26om 1991 No. 100 s
58(2)Mandamus by Orderr 27om
1991 No. 100 s 58(2)4. PROHIBITIONhdg prec r
28om 1991 No. 100 s 58(2)Pleadings in
Prohibitionr 28om 1991 No. 100 s 58(2)Proceeding on Judgmentr 29om
1991 No. 100 s 58(2)Writ of Procedendor 30om
1991 No. 100 s 58(2)5. QUO WARRANTOhdg prec r
31om 1991 No. 100 s 58(2)Relator to be
Namedr 31om 1991 No. 100 s 58(2)
929Rules of the Supreme CourtObjections to be Stated in Order Nisir
32amd rule pubd gaz 3 November 1900 p
1260om 1991 No. 100 s 58(2)Security for
Costsr 33amd o in c pubd gaz 14 December 1965
pp 1431–649om 1991 No. 100 s 58(2)Form of
Informationr 34om 1991 No. 100 s 58(2)Signature and Service of Informationr
35amd rule pubd gaz 6 April 1901 p 1228om
1991 No. 100 s 58(2)Defence and Subsequent Proceedingsr
36om 1991 No. 100 s 58(2)Judgmentprov
hdgamd rule pubd gaz 29 March 1902 p
1035r 37om 1991 No. 100 s 58(2)Disclaimerr 38om
1991 No. 100 s 58(2)Consolidationr 39om
1991 No. 100 s 58(2)6. WRIT OF ASSISTANCEhdg prec r
40om 1991 No. 100 s 58(2)To Issue by Order
of Judger 40om 1991 No. 100 s 58(2)ORDER
82—HABEAS CORPUSHow applied forr 1amd
rule pubd gaz 3 November 1900 p 1260Proceedings on
returnr 6amd rule pubd gaz 6 April 1901 p
1228ORDER 84—COMMITTAL FOR CONTEMPT OF
COURTWarrantr 5amd o
in c pubd gaz 27 June 1953 p 1087; 12 October 1957 pp 624–5Punishmentprov hdgamd
rule pubd gaz 29 March 1902 p 1035r 8amd
rule pubd gaz 3 November 1900 p 1260sub o in c pubd
gaz 4 June 1983 pp 963–4
930Rules of the Supreme CourtORDER
85—APPEALS FROM LAND APPEAL COURT1. APPEALS BY WAY
OF REHEARINGhdg prec r 1om o in c pubd
gaz 14 December 1965 pp 1431–649Notice of
Appealr 1om o in c pubd gaz 14 December 1965 pp
1431–649Transferr 2om o
in c pubd gaz 14 December 1965 pp 1431–649Time for
Application for Hearingr 3om o in c pubd
gaz 14 December 1965 pp 1431–649Hearing to be
Fixedr 4om o in c pubd gaz 14 December 1965 pp
1431–649Assessorsr 5om o
in c pubd gaz 14 December 1965 pp 1431–649Hearing without
Assessorsr 6om o in c pubd gaz 14 December 1965 pp
1431–649Judgment on Appealr 7om o
in c pubd gaz 14 December 1965 pp 1431–649Appeal to Full
Courtr 8om o in c pubd gaz 14 December 1965 pp
1431–649Notice of appealr 9amd o
in c pubd gaz 14 December 1965 pp 1431–6493. Proceedings in
relation to arbitrationhdg prec r 13ins 1993 SL No.
82 s 3Definitionr 13ins
1993 SL No. 82 s 3Applicationr 14ins
1993 SL No. 82 s 3Jurisdictionr 15ins
1993 SL No. 82 s 3Procedurer 16ins
1993 SL No. 82 s 3Timer 17ins 1993 SL No.
82 s 3Offers to settler 18ins
1993 SL No. 82 s 3ORDER85A—APPEALSFROMASSESSMENTBYTHELANDCOMMISSIONER
UNDER “THE LAND TAX ACT OF 1915”hdgins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649TAX
931Rules of the Supreme CourtTime
for appealr 1ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Court of appealr 2ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649Transfer of
appealr 3ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Notice of appealr 4ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649Grounds of
appealr 5ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Setting down appealr 6ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649Papers for
Registryr 7ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Papers for Judgesr 8ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649r 9ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649Procedure on
hearingr 10ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Admission and productionr 11ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649Evidencer
12ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Evidence by affidavitr 13ins
rule pubd gaz 12 October 1918 pp 971–2om o in c pubd
gaz 14 December 1965 pp 1431–649Costsr
14ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649
932Rules of the Supreme CourtAppeal
to Full Courtr 15ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Special case to Full Courtr
16ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Power of Court to enlarge or abridge
timer 17ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649Commencement and application of Rulesr
18ins rule pubd gaz 12 October 1918 pp
971–2om o in c pubd gaz 14 December 1965 pp
1431–649ORDER 85Ahdgins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649r 1ins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649r 2ins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649r 3ins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649r 4ins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649r 5ins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649r 6ins o
in c pubd gaz 13 March 1954 p 977om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER
86—JURISDICTION OF THE MASTERShdgprev
hdg om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6pres hdg sub o in
c pubd gaz 22 May 1982 pp 746–7Jurisdictionr 1prev
r 1 om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6amd o in c pubd
gaz 6 June 1981 p 1216pres r 1 sub o in c pubd gaz 22 May
1982 pp 746–7amd o in c pubd gaz 13 April 1985 p 1988; 13
December 1986 p 2157;20 December 1986 pp 2395–6; 2 July
1988 pp 2649–51
933Rules of the Supreme CourtEffect
of decisionsr 2amd rule pubd gaz 3 November 1900 p
1260prev r 2 om o in c pubd gaz 14 December 1965
pp 1431–649ins o in c pubd gaz 8 November 1980 pp
1095–6pres r 2 sub o in c pubd gaz 22 May 1982 pp
746–7Referencesr 3prev
r 3 om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6pres r 3 sub o in
c pubd gaz 22 May 1982 pp 746–7When matters
allotted to Masters may be brought before Judger 4prev
r 4 om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6pres r 4 sub o in
c pubd gaz 22 May 1982 pp 746–7Master acting for
another Masterr 5prev r 5 om o in c pubd gaz 14
December 1965 pp 1431–649ins o in c pubd gaz 8 November 1980 pp
1095–6pres r 5 sub o in c pubd gaz 22 May 1982 pp
746–7Reference and removalr 6prev
r 6 om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6pres r 6 sub o in
c pubd gaz 22 May 1982 pp 746–7Appeal to Court of
Appealr 7prev r 7 om o in c pubd gaz 14
December 1965 pp 1431–649ins o in c pubd gaz 8 November 1980 pp
1095–6pres r 7 sub o in c pubd gaz 22 May 1982 pp
746–7Appeal to Judge in chambersr
8prev r 8 om o in c pubd gaz 14 December 1965
pp 1431–649ins o in c pubd gaz 8 November 1980 pp
1095–6pres r 8 sub o in c pubd gaz 22 May 1982 pp
746–7General powersr 9prev
r 9 om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6pres r 9 sub o in
c pubd gaz 22 May 1982 pp 746–7Default in
compliancer 10prev r 10 om o in c pubd gaz 14
December 1965 pp 1431–649ins o in c pubd gaz 8 November 1980 pp
1095–6pres r 10 sub o in c pubd gaz 22 May 1982 pp
746–7Distribution of businessr 11prev
r 11 om o in c pubd gaz 14 December 1965 pp 1431–649ins o
in c pubd gaz 8 November 1980 pp 1095–6pres r 11 sub o
in c pubd gaz 22 May 1982 pp 746–7r 12prev
r 12 om o in c pubd gaz 14 December 1965 pp 1431–649pres
r 12 ins o in c pubd gaz 22 May 1982 pp 746–7
934Rules of the Supreme CourtCopies
of Papersr 13om o in c pubd gaz 14 December 1965 pp
1431–649Copies of Specification and Balance-Sheet to
be Filedr 14om o in c pubd gaz 14 December 1965 pp
1431–649Copies of Papers for Judgesr
15om o in c pubd gaz 14 December 1965 pp
1431–649Costs of Expert Evidencer 16om o
in c pubd gaz 14 December 1965 pp 1431–649ORDER 87—THE
REGISTRYGreat seal of the Courtr 1amd
rule pubd gaz 3 November 1900 p 1260Seal in Central,
Northern and Far Northern Courtprov hdgamd
1997 SL No. 266 s 31(1)r 2amdrulepubdgaz3November1900p1260;1997SLNo.266s
31(2)–(3)To what documents affixedr 3amd
rule pubd gaz 3 November 1900 p 1260; o in c pubd gaz 29
January1966 pp 812–3Office
Sealsr 4amd 1997 SL No. 266 s 32Registrars in Bankruptcy—Sealprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 4Ains o in c pubd gaz 12 October 1957 pp
624–5amdoincpubdgaz14December1965pp1431–649;9March1968p
979om o in c pubd gaz 14 July 1990 p
1642Registrars in Bankruptcy—Custody of
Recordsprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 6Ains o
in c pubd gaz 12 October 1957 pp 624–5amdoincpubdgaz14December1965pp1431–649;9March1968p
979om o in c pubd gaz 14 July 1990 p
1642Sealing writs etc.r 10amd o
in c pubd gaz 9 October 1943 pp 1248–9; 1997 SL No. 266 s 33Date
upon document filedr 14sub o in c pubd gaz 14 December 1965
pp 1431–649Indexes to files to be keptr
15sub o in c pubd gaz 14 December 1965 pp
1431–649Register of documents filed and proceedings
takenr 16sub o in c pubd gaz 14 December 1965
pp 1431–649
935Rules of the Supreme CourtRestrictions on removal of documents from
registryprov hdgamd rule pubd gaz
29 March 1902 p 1035r 21amd 1996 SL No. 98 s 4Delivery of impounded documentsr
24amd rule pubd gaz 3 November 1900 p
1260Attendance of registrar in courtr
26amd o in c pubd gaz 14 December 1965 pp
1431–649Setting down mattersr 27sub o
in c pubd gaz 14 December 1965 pp 1431–649om 1993 SL No. 44
s 8Minutes on Filing Documentsr
30om o in c pubd gaz 27 June 1922 pp
1815–19CENTRAL AND NORTHERN COURTShdg
prec s 35om o in c pubd gaz 14 December 1965 pp
1431–649Returns to Brisbaner 35amd o
in c pubd gaz 27 June 1922 pp 1815–19om o in c pubd
gaz 14 December 1965 pp 1431–649ORDER
87A—FILINGhdgins o in c pubd gaz 23 March 1991 pp
1738–9sub 1996 SL No. 137 s 6Filingr1ins o in c pubd gaz 23 March 1991 pp
1738–9sub 1996 SL No. 137 s 6Filing by
postr 2ins o in c pubd gaz 23 March 1991 pp
1738–9sub 1996 SL No. 137 s 6Riskr
3ins o in c pubd gaz 23 March 1991 pp
1738–9sub 1996 SL No. 137 s 6Postal dealing
feer 4ins o in c pubd gaz 23 March 1991 pp
1738–9sub 1996 SL No. 137 s 6ORDER 88—DRAWING
UP JUDGMENTS AND ORDERSEntry not requiredr 2 prov
hdgamd rule pubd gaz 29 March 1902 p
1035Time for bespeaking judgment or orderr
6amd rule pubd gaz 29 March 1902 p
1035Default in attending appointment with
documentsr 13amd o in c pubd gaz 24 October 1953 p
821
936Rules of the Supreme CourtSettling and passing judgment or order
without any appointmentr 15amd o in c pubd
gaz 14 December 1965 pp 1431–649Judgments and
orders to be drawn up within 14 daysprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 15Ains o
in c pubd gaz 24 October 1953 p 821amd o in c pubd
gaz 24 January 1987 p 387ORDER89—THESHERIFFANDOTHEROFFICERSCHARGEDWITHSERVICE AND EXECUTION OF PROCESSProcess to be returnedr 1amd
rule pubd gaz 3 November 1900 p 1260Attendance of
sheriff in courtr 4amd o in c pubd gaz 14 December 1965
pp 1431–649ORDER 90—TIMEExclusion of
Sundays and court holidaysr 1amd o in c pubd
gaz 18 September 1948 p 1886Time expiring on
close dayr 2amd o in c pubd gaz 18 September 1948
p 1886No delivery of pleadings in vacationr
3amd o in c pubd gaz 14 December 1965 pp
1431–649Vacation not to be reckoned in time for
delivery etc. of pleadingsr 4amd o in c pubd
gaz 14 December 1965 pp 1431–649Time of day for
servicer 8amd 1997 SL No. 266 s 34Notice
after delay of 1 yearr 9amd o in c pubd
gaz 14 December 1965 pp 1431–649Duration of caveat
in admiralty actionsr 11amd rule pubd gaz 29 March 1902 p
1035ORDER 91—COSTSLimitation of
costsr 2sub o in c pubd gaz 27 June 1922 pp
1815–19amdoincpubdgaz14May1927p1691;2May1959pp35–8;14 December 1965
pp 1431–649r 2Ains o in c pubd gaz 27 June 1922 pp
1815–19om o in c pubd gaz 2 May 1959 pp 35–8Costs
of issues to follow eventr 3amd rule pubd gaz
3 October 1903 pp 638–9
937Rules of the Supreme CourtCosts
of solicitor guardian ad litemr 5amd o
in c pubd gaz 14 December 1965 pp 1431–6492. COSTS IN
MATRIMONIAL ACTIONShdg prec r 18om o in c pubd
gaz 14 December 1965 pp 1431–649Defendants who
have Appeared may be Heard as to Costsprov hdgamd
rule pubd gaz 8 June 1901 pp 300–1r 18amd
rule pubd gaz 3 November 1900 p 1260; 8 June 1901 pp 300–1om o
in c pubd gaz 14 December 1965 pp 1431–649Costs Awarded by
Judgment Nisi to be Paid Into Courtr 19om o
in c pubd gaz 14 December 1965 pp 1431–649WIFE’S
COSTShdg prec r 20om o in c pubd
gaz 14 December 1965 pp 1431–649Provision for
Wife’s Costsr 20om o in c pubd gaz 14 December 1965 pp
1431–649Taxing Officer to Certifyr 21om o
in c pubd gaz 14 December 1965 pp 1431–649Order to be Drawn
upr 22om o in c pubd gaz 14 December 1965 pp
1431–649Appeal by Husbandr 23amd
rule pubd gaz 3 November 1900 p 1260om o in c pubd
gaz 14 December 1965 pp 1431–649Peremptory
Orderr 24om o in c pubd gaz 14 December 1965 pp
1431–649Costs of Commission to Examine
Witnessesr 25om o in c pubd gaz 14 December 1965 pp
1431–649To be Paid or Securedr 26om o
in c pubd gaz 14 December 1965 pp 1431–649Amount of Costs of
trial in Favour of Unsuccessful Wifer 27om o
in c pubd gaz 14 December 1965 pp 1431–649Recoveryr
28om o in c pubd gaz 14 December 1965 pp
1431–649Costs to be in general allowed on schedule
2prov hdgamd o in c pubd
gaz 14 December 1965 pp 1431–649r 30amd o
in c pubd gaz 14 December 1965 pp 1431–649Clerks’ fees
abolishedr 30Ains o in c pubd gaz 27 June 1922 pp
1815–19om o in c pubd gaz 14 December 1965 pp
1431–649Costs in small admiralty casesr
31amd o in c pubd gaz 14 December 1965 pp
1431–649
938Rules of the Supreme CourtCosts
may be Allowed on the Higher Scale on special Groundsr
33om o in c pubd gaz 14 December 1965 pp
1431–649Scale on Taxation of Solicitor’s Bill on a
Reference to Taxr 34om o in c pubd gaz 14 December 1965 pp
1431–649r 35Ains rule pubd gaz 22 May 1920 p
2090om o in c pubd gaz 2 May 1959 pp 35–8r
35Bins o in c pubd gaz 22 December 1951 p
1809om o in c pubd gaz 22 December 1959 pp
35–8Filing bill of costsr 40sub
1993 SL No. 44 s 9(1)–(2)Servicer 40Ains
1993 SL No. 44 s 9(1)–(2)Appointment for directionsr
41sub 1993 SL No. 44 s 9(1)–(2)Objections to bill of costsr
41Ains 1993 SL No. 44 s 9(1)–(2)Powers
of Taxing Officer where Solicitor Neglects to Leave Bill of Costs
withinTime Fixed, or Impedes or Delays
Taxationr 46om 1993 SL No. 44 s 9(1), (3)Books
etc. to be transmitted by registrar to taxing officerr 50
prov hdgamd rule pubd gaz 29 March 1902 p
1035Gross sum for costs—proportional part of
costsr 52sub rule pubd gaz 3 October 1903 pp
638–9Drawing and settling judgments or
ordersr 66amd rule pubd gaz 3 November 1900 p
1260Special allowance for attendances at chambers
in cases of difficulty etc.r 67amd o in c pubd
gaz 14 December 1965 pp 1431–649Copies of
documents, allowance of 1s 6d (15c) per folio, except where
solicitorrefuses productionprov hdgamd o
in c pubd gaz 14 December 1965 pp 1431–649r 70amd o
in c pubd gaz 14 December 1965 pp 1431–649Tender for
respondent’s costs on service of petitionr 71amd o
in c pubd gaz 14 December 1965 pp 1431–649Costs of
taxationr 77Ains 1993 SL No. 44 s 9(1), (4)Taxing
officer to assist when account comprises costsprov hdgamd
rule pubd gaz 29 March 1902 p 1035r 78amd
rule pubd gaz 3 November 1900 p 1260Costs as between
solicitor and clientr 82amd rule pubd gaz 2 November 1901 p
526
939Rules of the Supreme CourtGeneral power of allowancer
82Ains rule pubd gaz 3 October 1903 pp
638–9amd o in c pubd gaz 14 December 1965 pp
1431–649Inclusion in bill of disbursements due but
not paidr 82Bins o in c pubd gaz 14 May 1927 p
1691sub o in c pubd gaz 14 December 1965 pp
1431–649Offer to settle costsr 89sub
1993 SL No. 44 s 9(1), (5)Powertotaxingofficertoassesscostsatagrosssumincaseofdelayorimproper conduct of litigationr
92amd rule pubd gaz 3 October 1903 pp
638–9Delay before Taxing Officerr
96om 1993 SL No. 44 s 9(1), (6)Witnesses’ expensesr 100amd o
in c pubd gaz 14 December 1965 pp 1431–649Direction as to
documents on taxationr 101amd o in c pubd
gaz 14 December 1965 pp 1431–649Counsel in
registryr 111sub o in c pubd gaz 14 May 1927 p
1691amd 1997 SL No. 266 s 35Costs of Counsel
on Taxationr 113om 1993 SL No. 44 s 9(1), (7)Allocaturr 116amd
rule pubd gaz 3 October 1903 pp 638–9Objections to
taxation—reviewr 117amd rule pubd gaz 3 October 1903 pp
638–9Note about taxation of costsr
121ins 1993 SL No. 307 s 4ORDER 92—SITTINGS
AND VACATIONSSittings before single Judgesr
2sub o in c pubd gaz 14 December 1965 pp
1431–649Criminal and civil sittings in townsr
3om o in c pubd gaz 27 June 1922 pp
1815–19Circuit Courtsr 4om o
in c pubd gaz 27 June 1922 pp 1815–19Vacationsprov
hdgins o in c pubd gaz 14 December 1965 pp
1431–649r 5sub o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 14 December 1965 pp
1431–649sub o in c pubd gaz 23 December 1972 p
1959
940Rules of the Supreme CourtHolidaysr6sub
rule pubd gaz 6 April 1901 p 1228amdoincpubdgaz27June1922pp1815–19;10December1938p2530;1September1945p413;20December1952p1880;6 September 1975
p 21; 10 December 1988 p 1663Office
hoursprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 7sub o
in c pubd gaz 24 September 1938 p 954amd o in c pubd
gaz 27 March 1971 p 1237r 9ins rule pubd gaz
26 March 1904 p 1166om rule pubd gaz 7 December 1907 p 1403 (as
from 1 January 1908)ORDER 93—GENERAL PROVISIONSForm
of documentsr 2amd o in c pubd gaz 28 February 1970 p
713; 11 February 1978 pp 492–4Regulations as to
printing and printed copiesr 3amd o in c pubd
gaz 14 December 1965 pp 1431–649; 28 February 1970p
713; 11 February 1978 pp 492–4Service of
judgments and ordersr 9amd o in c pubd gaz 14 December 1965
pp 1431–649Mode and time of service when not
personalr 10amd o in c pubd gaz 14 December 1965
pp 1431–649Service not to be effected on Good Friday or
christmas Dayprov hdgamd 1997 SL No.
266 s 36(1)r 15amd 1997 SL No. 266 s 36(2)Noncompliance with rulesr 17sub o
in c pubd gaz 14 December 1965 pp 1431–649Application to set
aside for irregularity, when allowedr 18amd o
in c pubd gaz 14 December 1965 pp 1431–649Practice where not
prescribedr 22sub o in c pubd gaz 14 December 1965
pp 1431–649Publication of reasonsprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 25ins o
in c pubd 30 August 1941 p 808ORDER
94—FORMS—FEESNo fees payable by Crown or out of the
Consolidated Fundprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 3ins o
in c pubd gaz 17 March 1962 p 822
941Rules of the Supreme CourtORDER
95—DISTRICT REGISTRIEShdgins o in c pubd
gaz 27 June 1922 pp 1815–19amd o in c pubd gaz 14 December 1965
pp 1431–649Proceedings in district registriesr
1ins o in c pubd gaz 27 June 1922 pp
1815–19sub o in c pubd gaz 23 October 1982 p
911amd 1997 SL No. 266 s 37Application of
these rulesprov hdgins o in c pubd
gaz 14 December 1965 pp 1431–649r 2ins o
in c pubd gaz 27 June 1922 pp 1815–19District where
action to be commencedr 3ins o in c pubd
gaz 27 June 1922 pp 1815–19Transfer of actionr 4ins o
in c pubd gaz 27 June 1922 pp 1815–19sub o in c pubd
gaz 23 October 1982 p 911Power to reserve judgmentsr
5ins o in c pubd gaz 27 June 1922 pp
1815–19Procedure in district registryr
6ins o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 14 December 1965 pp
1431–649sub o in c pubd gaz 23 October 1982 p
911r 9ins o in c pubd gaz 27 June 1922 pp
1815–19om o in c pubd gaz 14 December 1965 pp
1431–649Costshdg prec r 10ins o in c pubd
gaz 27 June 1922 pp 1815–19Taxation of costsprov hdgins o
in c pubd gaz 14 December 1965 pp 1431–649r 10ins o
in c pubd gaz 27 June 1922 pp 1815–19sub o in c pubd
gaz 14 May 1927 p 1691ORDER96—REMOVALOFACTIONSTOANDFROMMAGISTRATESCOURTShdgins o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 14 December 1965 pp
1431–649Removal of action from Magistrates
Courtr 1ins o in c pubd gaz 27 June 1922 pp
1815–19amd o in c pubd gaz 14 December 1965 pp
1431–649Removal of action to Magistrates Courtr
2ins o in c pubd gaz 27 June 1922 pp
1815–19
942Rules of the Supreme CourtORDER
97—ARBITRATIONhdgins o in c pubd gaz 27 June 1922 pp
1815–19Power to refer to arbitrationr
1ins o in c pubd gaz 27 June 1922 pp
1815–19ORDER 98—CROSS VESTINGhdgprev
hdg ins o in c pubd gaz 10 May 1924 pp 1334–6om 1929 20 Geo 5
No. 19 s 4 sch 1pres hdg ins o in c pubd gaz 2 July 1988 pp
2649–51Interpretationr 1prev
r 1 ins o in c pubd gaz 10 May 1924 pp 1334–6om 1929 20 Geo 5
No. 19 s 4 sch 1pres r 1 ins o in c pubd gaz 2 July 1988 pp
2649–51Applicationsr 2prev
r 2 ins o in c pubd gaz 10 May 1924 pp 1334–6om 1929 20 Geo 5
No. 19 s 4 sch 1pres r 2 ins o in c pubd gaz 2 July 1988 pp
2649–51Commencement of proceedingsr
3prev r 3 ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1pres
r 3 ins o in c pubd gaz 2 July 1988 pp 2649–51Special federal
mattersr 4prev r 4 ins o in c pubd gaz 10 May
1924 pp 1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1pres
r 4 ins o in c pubd gaz 2 July 1988 pp 2649–51Servicer5prev r 5 ins o in c pubd gaz 10 May
1924 pp 1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1pres
r 5 ins o in c pubd gaz 2 July 1988 pp 2649–51Directionsr
6prev r 6 ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1pres
r 6 ins o in c pubd gaz 2 July 1988 pp 2649–51Transfer of
proceedingsr 7prev r 7 ins o in c pubd gaz 10 May
1924 pp 1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1pres
r 7 ins o in c pubd gaz 2 July 1988 pp 2649–51Transfer on
Attorney-General’s applicationr 8prev
r 8 ins o in c pubd gaz 10 May 1924 pp 1334–6om 1929 20 Geo 5
No. 19 s 4 sch 1pres r 8 ins o in c pubd gaz 2 July 1988 pp
2649–51
943Rules of the Supreme CourtTransfer to Court when no proceeding
pendingr 9prev r 9 ins o in c pubd gaz 10 May
1924 pp 1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1pres
r 9 ins o in c pubd gaz 2 July 1988 pp 2649–51r 10ins o
in c pubd gaz 10 May 1924 pp 1334–6om 1929 20 Geo 5
No. 19 s 4 sch 1r 11ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
12ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
13ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
14ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
15ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
16ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
17ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
18ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
19ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
20ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
21ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
22ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
23ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1r
24ins o in c pubd gaz 10 May 1924 pp
1334–6om 1929 20 Geo 5 No. 19 s 4 sch 1ORDER
99—ALTERNATIVE DISPUTE RESOLUTION PROCESSEShdgins
1995 SL No. 133 s 4Division 1—Definitionsdiv hdgins
1995 SL No. 133 s 4
944Rules of the Supreme CourtDefinitions for orderr 1ins
1995 SL No. 133 s 4Division 2—Establishment of ADR
processesdiv hdgins 1995 SL No.
133 s 4Approval as mediatorr 2ins
1995 SL No. 133 s 4Approval as case appraiserr
3ins 1995 SL No. 133 s 4ADR
registerr 4ins 1995 SL No. 133 s 4Information to be given to registrar by ADR
convenors and venue providersr 5ins
1995 SL No. 133 s 4Form of consent order for ADR processr
6ins 1995 SL No. 133 s 4Registrar to give
notice of proposed reference to ADR processr 7ins
1995 SL No. 133 s 4Proceedings referred to ADR process are
stayedr 8ins 1995 SL No. 133 s 4When
does a party impede an ADR process?r 9ins
1995 SL No. 133 s 4Division 3—Mediationdiv hdgins
1995 SL No. 133 s 4Referral of dispute to appointed
mediatorr 10ins 1995 SL No. 133 s 4When
mediation must start and finishr 11ins
1995 SL No. 133 s 4Parties must assist mediatorr
12ins 1995 SL No. 133 s 4Mediator’s
roler 13ins 1995 SL No. 133 s 4Liberty to applyr 14ins
1995 SL No. 133 s 4Mediator may seek independent advicer
15ins 1995 SL No. 133 s 4Record of
mediation resolutionr 16ins 1995 SL No. 133 s 4Abandonment of mediationr 17ins
1995 SL No. 133 s 4
945Rules of the Supreme CourtMediator to file certificater
18ins 1995 SL No. 133 s 4Unsuccessful
mediationsr 19ins 1995 SL No. 133 s 4Replacement of mediatorr 20ins
1995 SL No. 133 s 4Division 4—Case appraisaldiv hdgins
1995 SL No. 133 s 4Referral of dispute to appointed case
appraiserr 21ins 1995 SL No. 133 s 4Jurisdiction of case appraiserr
22ins 1995 SL No. 133 s 4Appearancesr
23ins 1995 SL No. 133 s 4Case appraiser may
seek informationr 24ins 1995 SL No. 133 s 4Case
appraisal proceeding may be recordedr 25ins
1995 SL No. 133 s 4Case appraiser’s decisionr 26ins
1995 SL No. 133 s 4Case appraiser’s decision on costs in the
disputer 27ins 1995 SL No. 133 s 4Case
appraiser’s decision final unless election mader 28ins
1995 SL No. 133 s 4Case appraiser to file certificate and
decisionr 29ins 1995 SL No. 133 s 4Dissatisfied party may elect to go to
trialr 30ins 1995 SL No. 133 s 4Court
to have regard to case appraiser’s decision when awarding
costsr 31ins 1995 SL No. 133 s 4Replacement of case appraiserr
32ins 1995 SL No. 133 s 4Division 5—ADR
costsdiv hdgins 1995 SL No.
133 s 4Payment of ADR costsr 33ins
1995 SL No. 133 s 4Party may pay another party’s ADR
costsr 34ins 1995 SL No. 133 s 4
946Rules of the Supreme CourtRegistrar to facilitate payment of ADR
costsr 35ins 1995 SL No. 133 s 4When
ADR convenor or venue provider may recover further costsr
36ins 1995 SL No. 133 s 4Court may extend
period within which costs are to be paid or grant reliefr
37ins 1995 SL No. 133 s 4Costs of failed
ADR process are costs in the disputer 38ins
1995 SL No. 133 s 4SCHEDULE 1—FORMS OF PROCEEDINGSamdrulepubdgaz6April1901p1228;8June1901pp300–1;7December1907p1403;18October1913pp1017–18;12October1918 pp 971–2; o
in c pubd gaz 9 January 1943 p 27; 7 August 1943p384;9October1943pp1248–9;1December1945p1270;28 October 1950 p
1287; 24 February 1951 p 758; 3 May 1952 pp 21–2;5
July 1952 p 1304; 27 June 1953 p 1087; 12 October 1957 pp
624–5;25October1958pp701–2;20December1958pp2122–7;24June1961 p 761; 7 July 1962 p 1398; 4
April 1964 p 1228; 11 July 1964p 1251sub o
in c pubd gaz 14 December 1965 pp 1431–649Form 1—General
form of writ of summonsamd o in c pubd gaz 29 January 1966 pp
812–13; 1997 SL No. 266 s 38(1)Form4—Writforserviceoutofthejurisdiction,orwhennoticeinlieuofservice is to be
given out of the jurisdictionamd 1997 SL No.
266 s 38(1)Form 20—Additional claim for costsamd o
in c pubd gaz 17 April 1976 p 1526; 4 June 1977 pp 797–805Form
24—Additional claim for costsamd o in c pubd
gaz 17 April 1976 p 1526; 4 June 1977 pp 797–805Form
93—General form of originating summonsamd 1997 SL No.
266 s 38(1)Form 101A—Affidavit of service of
documentsins o in c pubd gaz 7 March 1981 p
771Form 102—General form of entry of appearance
by defendantamd o in c pubd gaz 29 January 1966 pp
812–13Form120—Thirdpartynoticeclaimingindemnityorcontributionorotherrelief or
remedyamd 1997 SL No. 266 s 38(1)Form123—Noticetobeendorsedoncounterclaimagainstpersonnotpartytothe
actionamd 1997 SL No. 266 s 38(1)
947Rules of the Supreme CourtForm
129—Notice of payment into courtsub o in c pubd
gaz 9 April 1988 pp 2077–83Form 131—Notice of acceptance of money
paid into courtamd o in c pubd gaz 9 April 1988 pp
2077–83SECTION 1—DISCLOSUREhdg prec Form
142sub 1994 SL No. 26 s 5Form 142—Order to
deliver interrogatoriesom 1993 SL No. 307 s 5(14)Form
143—Interrogatoriesamd 1993 SL No. 307 s 5(1)Form
144—Order to answer interrogatoriesom 1993 SL No.
307 s 5(14)Form 145—Answer to interrogatoriesamd
1993 SL No. 307 s 5(2)Form 146—Order for affidavit as to
documentsom 1993 SL No. 307 s 5(14)Form
148—Affidavit as to documentsamd 1993 SL No.
307 s 5(3)Form 148A—List of documentsamd
1993 SL No. 307 s 5(3)Form 149—Order to produce documents for
inspectionom 1993 SL No. 307 s 5(14)Form
150—Order for production (underwriters)om 1993 SL No.
307 s 5(14)Form 151—Notice to produce documents for
inspectionamd 1993 SL No. 307 s 5(4)Form
152—Notice to inspect documentsamd 1993 SL No.
307 s 5(4)Form 153—Notice to admit documentamd
1993 SL No. 307 s 5(4)Form 154—Notice to admit factsamd
1993 SL No. 307 s 5(4)Form 155—Admission of documents or
facts pursuant to noticeamd 1993 SL No. 307 s 5(4)Form
156—Notice to produce (general form)amd 1993 SL No.
307 s 5(4)Form 159—Certificate of readiness for
trialamd o in c pubd gaz 1 June 1985 pp
1012–13
948Rules of the Supreme CourtForm161—RequestfortransferfromRockhampton,TownsvilleorCairnstoBrisbaneamd 1997 SL No.
266 s 38(2)–(4)Form 162—Order of reference to Registrar or
special refereeom 1993 SL No. 307 s 5(14)Form
163—Order for trial of action in District Courtom 1993 SL No.
307 s 5(14)Form 164—Entry of questions of law for
argumentsub rule pubd gaz 15 October 1993 pp
573–82Form165—Noticeofentryofdemurrerorspecialcaseorquestionoflawforargumentamd
rule pubd gaz 15 October 1993 pp 573–82A—SUBPOENAS,ORDERSANDNOTICESTOPRODUCEWITNESSES,WRIT
OF NON-PARTY DISCOVERYhdg prec Form 167sub 1993 SL No.
150 s 5(1)Form 169A—Writ of non-party discoveryins
1993 SL No. 150 s 5(2)Form 169B—Praecipe for writ of
non-party discoveryins 1993 SL No. 150 s 5(2)Form
173—Order to produce witnessom 1993 SL No.
307 s 5(14)B—COMMISSION AND REQUEST TO EXAMINE
WITNESSEShdg prec Form 175sub 1993 SL No.
307 s 5(5)Form 175—Order for examination of witnesses
before trialom 1993 SL No. 307 s 5(14)Form
176—Short order for issue of commission to examine witnessesom
1993 SL No. 307 s 5(14)Form 177—Long order for commission to
examine witnessesom 1993 SL No. 307 s 5(14)Form
178—Commission to examine witnessesamd 1993 SL No.
150 s 5(6); 1997 SL No. 266 s 38(1)Form 179—Praecipe
for commission to examine witnessesamd 1993 SL No.
150 s 5(6)Form 180—Order for issue of request for
examination abroadom 1993 SL No. 307 s 5(14)Form
181—Request for examination abroadamd 1993 SL No.
150 s 5(7)PART 6—FORMS OF JUDGMENTS/ORDERShdg
prec Form 182sub 1993 SL No. 307 s 5(8)
949Rules of the Supreme CourtSECTION 1—JUDGMENTS IN GENERALhdg
prec Form 182om 1993 SL No. 307 s 5(9)Form
182—General form of judgment/ordersub 1993 SL No.
307 s 5(9)Form183—Defaultofappearanceordefenceinactionfordebtorliquidateddemandom 1993 SL No.
307 s 5(9)Form 184—Default judgment in action for
unliquidated damagesom 1993 SL No. 307 s 5(9)Form
185—Default judgment in action relating to detention of
goodsom 1993 SL No. 307 s 5(9)Form186—Judgmentindefaultofappearanceinactionforrecoveryofland,damages and
costsom 1993 SL No. 307 s 5(9)Form
187—Final judgment after assessment of damagesom 1993 SL No.
307 s 5(9)Form 188—Judgment under Order 18 or Order
18A, r 3om 1993 SL No. 307 s 5(9)Form
189—Certificate of associate after trial [with or without] a jury
or aftertrial of questions or issuesom o
in c pubd gaz 7 June 1980 p 928Form 190—Judgment
after trial with a juryom 1993 SL No. 307 s 5(9)Form
191—Judgment after trial without a juryom 1993 SL No.
307 s 5(9)Form 192—Judgment for an amount to be
ascertainedom 1993 SL No. 307 s 5(9)Form
193—Judgment upon report of special refereeom 1993 SL No.
307 s 5(9)Form 194—Judgment when no judgment entered at
trial with juryom 1993 SL No. 307 s 5(9)Form
195—Judgment on motion after trial of issuesom 1993 SL No.
307 s 5(9)Form 196—Judgment upon motion for
judgmentom 1993 SL No. 307 s 5(9)Form
197—Judgment on demurrer disposing of whole cause of actionom
1993 SL No. 307 s 5(9)Form198—Judgmentondemurrerdisposingofwholeactionindefaultofsetting down for argumentom
1993 SL No. 307 s 5(9)
950Rules of the Supreme CourtForm
199—Judgment on demurrer not disposing of whole actionom
1993 SL No. 307 s 5(9)Form 200—Judgment for costs after
acceptance of money paid into Courtom 1993 SL No.
307 s 5(9)Form 201—Judgment for defendant’s costs on
discontinuanceom 1993 SL No. 307 s 5(9)Form
202—Judgment for plaintiff’s costs after confession of
defenceom 1993 SL No. 307 s 5(9)Form
203—Judgment in pursuance of orderom 1993 SL No.
307 s 5(9)Form 204—Judgment on certificate of Registrar
of District Courtom 1993 SL No. 307 s 5(9)Form
205—Judgment of dismissalom 1993 SL No. 307 s 5(9)Form
206—Judgment of nonsuitom 1993 SL No. 307 s 5(9)Form
207—Judgment of the Full Courtom 1993 SL No.
307 s 5(9)Form 208—Full Court judgment on special case
or point of lawom 1993 SL No. 307 s 5(9)SECTION 2—ORDERS TO REVIEWhdg
prec Form 209om 1993 SL No. 307 s 5(9)Form
209—Order to review under “The Justices Acts, 1886 to 1964”om
1993 SL No. 307 s 5(9)Form 210—Order to review made
absoluteom 1993 SL No. 307 s 5(9)Form
211—Order for discharging order to reviewom 1993 SL No.
307 s 5(9)SECTION 3—JUDGMENTS IN ADMIRALTY
ACTIONShdg prec Form 212om 1993 SL No.
307 s 5(9)Form 212—Judgment for ascertained sumom
1993 SL No. 307 s 5(9)Form 213—Judgment for a sum not
ascertainedom 1993 SL No. 307 s 5(9)Form
214—Judgment on dismissal of actionom 1993 SL No.
307 s 5(9)Form 215—Judgment in action for
possessionom 1993 SL No. 307 s 5(9)
951Rules of the Supreme CourtSECTION 4—JUDGMENT ON SECURITYhdg
prec Form 216om 1993 SL No. 307 s 5(9)Form
216—Judgment on securityom 1993 SL No. 307 s 5(9)SECTION 5—NOTICE OF JUDGMENThdg
prec Form 217om 1993 SL No. 307 s 5(10)Form
217—Notice of judgmentamd 1997 SL No. 266 s 38(1)Form
229—Writ of capias ad satisfaciendumamd 1997 SL No.
266 s 38(1)Form 245—Writ of attachmentamd
1997 SL No. 266 s 38(1)Form 258—Notice of appealsub
rule pubd gaz 15 October 1993 pp 573–82Form 258A—Consent
order dismissing appealins o in c pubd gaz 19 January 1985 p
145amd rule pubd gaz 15 October 1993 pp
573–82Form 261—Rule nisiom 1993 SL No.
307 s 5(14)Form 262—Rule absoluteom 1993 SL No.
307 s 5(14)Form 263—Order discharging rule nisiom
1993 SL No. 307 s 5(14)Form 264—Order on motion in the first
instanceom 1993 SL No. 307 s 5(14)Form
265—Order dismissing application on motionom 1993 SL No.
307 s 5(14)Form 267—Fiat to be endorsed on originating
petitionamd 1997 SL No. 266 s 38(1)Form
267A—Affidavit verifying petitionins o in c pubd
gaz 29 January 1966 pp 812–13Form 268—Order on
petitionom 1993 SL No. 307 s 5(14)Form
269—General form of summons in pending cause or matteramd
1997 SL No. 266 s 38(1)Form 272—General form of order on
summons—by the Judgeom 1993 SL No. 307 s 5(14)Form
273—General form of order on summons—by the registrarom
1993 SL No. 307 s 5(14)
952Rules of the Supreme CourtForm
274—Order dismissing a summonsom 1993 SL No.
307 s 5(14)Form 275—Order to name a new solicitorom
1993 SL No. 307 s 5(14)Form 276—Order for substituted
serviceom 1993 SL No. 307 s 5(14)Form
277—Order under Order 18, rule 1om 1993 SL No.
307 s 5(14)Form 278—Order under Order 18, rule 1om
1993 SL No. 307 s 5(14)Form 279—Order under Order 18, rule
1om 1993 SL No. 307 s 5(14)Form
280—Order under Order 18, rule 1 in action on bill of costsom
1993 SL No. 307 s 5(14)Form 281—Order to carry on proceedings
against new partyom 1993 SL No. 307 s 5(14)Form
282—Order for particulars of partnershipom 1993 SL No.
307 s 5(14)Form 283—Order for particulars of set-off or
counter-claimom 1993 SL No. 307 s 5(14)Form
284—Order for particulars (general)om 1993 SL No.
307 s 5(14)Form 285—Order to dismiss for want of
prosecutionom 1993 SL No. 307 s 5(14)Form
286—Order for security for costsom 1993 SL No.
307 s 5(14)Form 287—Order to consolidate causes or
mattersom 1993 SL No. 307 s 5(14)Form
288—Order appointing interim receiver and managerom
1993 SL No. 307 s 5(14)Form 289—Order appointing receiver and
managerom 1993 SL No. 307 s 5(14)Form
290—An order for interim injunctionom 1993 SL No.
307 s 5(14)Form 291—Order for payment of money out of
Courtom 1993 SL No. 307 s 5(14)Form
292—Order for examination of judgment debtorom 1993 SL No.
307 s 5(14)
953Rules of the Supreme CourtForm
294—Garnishee order nisi (attaching order)om 1993 SL No.
307 s 5(14)Form 295—Garnishee order absoluteom
1993 SL No. 307 s 5(14)Form 296—Order for issue between
judgment creditor and garnisheeom 1993 SL No.
307 s 5(14)Form 297—Order nisi charging stock or
interest in partnershipom 1993 SL No. 307 s 5(14)Form
298—Order absolute charging stockom 1993 SL No.
307 s 5(14)Form 301—Interpleader order (No. 1)om
1993 SL No. 307 s 5(14)Form 302—Interpleader order (No.
2)om 1993 SL No. 307 s 5(14)Form
303—Interpleader order (No. 3)om 1993 SL No.
307 s 5(14)Form 304—Interpleader order (No. 4)om
1993 SL No. 307 s 5(14)Form 305—Interpleader order (No.
5)om 1993 SL No. 307 s 5(14)Form
306—Interpleader order (No. 6)om 1993 SL No.
307 s 5(14)Form 307—Interpleader order (No. 7)om
1993 SL No. 307 s 5(14)Form 308—Interpleader order (No.
8)om 1993 SL No. 307 s 5(14)Form
309—Order for certiorari to remove judgment from inferior
Courtom 1993 SL No. 307 s 5(14)Form
310—Order for deposit of securities or effects in Courtom
1993 SL No. 307 s 5(14)Form 311—Order allowing inspection of
securities or effectsom 1993 SL No. 307 s 5(14)Form
312—Order of reference to arbitrationom 1993 SL No.
307 s 5(14)Form313—OrderforattendanceofwitnessbeforearbitratororbeforeCommissioner of
Foreign Courtom 1993 SL No. 307 s 5(14)Form
314—Order to deliver bill of costsom 1993 SL No.
307 s 5(14)
954Rules of the Supreme CourtForm
315—Order on client’s application to tax solicitor’s bill of
costsom 1993 SL No. 307 s 5(14)Form
316—Order on solicitor’s application to tax bill of costsom
1993 SL No. 307 s 5(14)Form 317—Order to tax after action
broughtom 1993 SL No. 307 s 5(14)Form
325—Order for leave to enter judgment against suretyom
1993 SL No. 307 s 5(14)Form 326—Judgment on securityom
1993 SL No. 307 s 5(14)PART12—FORMSRELATINGTOACCOUNTSANDINQUIRIESANDOTHER
ADMINISTRATIVE BUSINESShdg prec Form 237 om 1993 SL No. 307 s
5(14)Form 327—Form of judgment for accounts and
inquiriesom 1993 SL No. 307 s 5(14)Form
328—Form of appointment to proceed with accounts or
inquiriesamd 1997 SL No. 266 s 38(1)Form
329—Form of advertisement for claimants not being creditorsamd
1997 SL No. 266 s 38(1)Form 330—Form of advertisement for
creditorsamd 1997 SL No. 266 s 38(1)Form
355—Praecipe for caveat against paymentamd o in c pubd
gaz 11 February 1978 pp 492–4Form
372—Advertisement for probate—short formamd 1997 SL No.
266 s 38(5)Form 373—Advertisement for probate—alternate
short formamd 1997 SL No. 266 s 38(1)Form
374—Advertisement for administration with the will—short
formamd 1997 SL No. 266 s 38(1)Form
374—Advertisement for administration with the will—short
formsub o in c pubd gaz 6 September 1980 pp
1–16Form375—Advertisementforadministrationwiththewill—alternateshortformamd 1997 SL No. 266 s 38(7)Form
376—Advertisement for administration in case of intestacy—short
formsub o in c pubd gaz 6 September 1980 pp
1–16amd 1997 SL No. 266 s 38(6)Form377—Advertisementforadministrationincaseofintestacy—alternateshort formamd
1997 SL No. 266 s 38(7)
955Rules of the Supreme CourtForm378—Advertisementforsealingprobateorlettersofadministrationunder British
Probates Act 1896sub o in c pubd gaz 6 September 1980 pp
1–16Form 379—Affidavit of executoramd o
in c pubd gaz 11 February 1978 pp 492–4sub o in c pubd
gaz 6 September 1980 pp 1–16amd o in c pubd
gaz 13 March 1982 p 1047Form 380—Affidavit of administrator
with the willamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16amd o in c pubd gaz 13 March 1982 p
1047Form 381—Affidavit of attesting witness in
proof of the due execution of a willor codicilsub o
in c pubd gaz 6 September 1980 pp 1–16Form 382—Affidavit
of handwriting or testator of attesting witnesssub o in c pubd
gaz 6 September 1980 pp 1–16Form 383—Affidavit
of plight and condition and findingsub o in c pubd
gaz 6 September 1980 pp 1–16Form384—Affidavittobeusedwhenthewillisnotdatedandnoonecandepose to the actual date of
executionsub o in c pubd gaz 6 September 1980 pp
1–16Form 385—Affidavit of administrator in case
of intestacyamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16amd o in c pubd gaz 13 March 1982 p
1047Form 386—Affidavit of publication and
servicehdgamd o in c pubd gaz 13 March 1982 p
1047sub o in c pubd gaz 6 September 1980 pp
1–16amd o in c pubd gaz 13 March 1982 p
1047Form 386A—Affidavit of searchins o
in c pubd gaz 13 March 1982 p 1047Form387—Affidavitofexecutororadministratoronapplicationforsealinggrant under
British Probates Act 1898sub o in c pubd gaz 6 September 1980
pp 1–16; 13 March 1982 p 1047Form
388—Administration bond for administrator with the willsub o
in c pubd gaz 11 February 1978 pp 492–4om o in c pubd
gaz 13 March 1982 p 1047Form 389—Administration bond in case of
intestacysub o in c pubd gaz 11 February 1978 pp
492–4om o in c pubd gaz 13 March 1982 p
1047
956Rules of the Supreme CourtForm390—Administrationbondbyexecutor(whensoordered),oradministrator(withorwithoutwill)under“TheBritishProbatesAct,1898.”sub o in c pubd
gaz 11 February 1978 pp 492–4om o in c pubd
gaz 13 March 1982 p 1047Form391—Administrationbondonapplicationforsealingbyapersonauthorised by
executor or administrator (with or without will)amd o
in c pubd gaz 11 February 1978 pp 492–4om o in c pubd
gaz 13 March 1982 p 1047Form 392—Justification of
suretiessub o in c pubd gaz 6 September 1980 pp
1–16om o in c pubd gaz 13 March 1982 p
1047Form 393—Election by minors of a
guardiansub o in c pubd gaz 6 September 1980 pp
1–16Form 394—Renunciation of probate or
administration with the willsub o in c pubd
gaz 6 September 1980 pp 1–16Form
395—Renunciation of administration in case of intestacysub o
in c pubd gaz 6 September 1980 pp 1–16Form 397—Summons
to parties interestedsub o in c pubd gaz 6 September 1980
pp 1–16amd 1997 SL No. 266 s 38(1)Form
398—Notice of appointment to proceed on summonssub o in c pubd
gaz 6 September 1980 pp 1–16amd 1997 SL No.
266 s 38(1)Form 399—Caveatsub o in c pubd
gaz 6 September 1980 pp 1–16Form 400—Caveat by
creditor or beneficiary or next of kin requiring securityunder
the British Probates Act 1898sub o in c pubd
gaz 6 September 1980 pp 1–16Form 401—Notice to
caveatorsub o in c pubd gaz 6 September 1980 pp
1–16Form 402—Memorandum of appearance upon
caveatsub o in c pubd gaz 6 September 1980 pp
1–16Form 403—Probateamd o in c pubd
gaz 11 February 1978 pp 492–4sub o in c pubd
gaz 6 September 1980 pp 1–16Form 404—Double
probateamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16Form 405—Ancillary probatesub o
in c pubd gaz 6 September 1980 pp 1–16
957Rules of the Supreme CourtForm
406—Letters of administration with the willsub o in c pubd
gaz 6 September 1980 pp 1–16Form 407—Ancillary
letters of administration with the willsub o in c pubd
gaz 6 September 1980 pp 1–16Form 409—Letters
of administrationamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16Form 412—Letters of administration de bonis
nonamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16Form 417—Affidavit verifying inventory of the
estate and effects of a testator oran
intestateom o in c pubd gaz 11 February 1978 pp
492–4Form 418—Administration accountom o
in c pubd gaz 11 February 1978 pp 492–4Form419—AffidavitverifyingadministrationaccountpursuanttoOrder73,rule
2om o in c pubd gaz 11 February 1978 pp
492–4Form 420—Executor’s or administrator’s
accountamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16Form 421—Affidavit verifying executor’s or
administrator’s accountamd o in c pubd gaz 11 February 1978
pp 492–4sub o in c pubd gaz 6 September 1980 pp
1–16Form 422—Trustee’s accountamd o
in c pubd gaz 11 February 1978 pp 492–4sub o in c pubd
gaz 6 September 1980 pp 1–16Form 423—Affidavit
verifying trustee’s accountssub o in c pubd
gaz 6 September 1980 pp 1–16Form 424—Combined
executors’ and trustees’ accountamd o in c pubd
gaz 11 February 1978 pp 492–4Form 425—Affidavit
by executor or administration verifying releaseom o in c pubd
gaz 11 February 1978 pp 492–4Form 426—Affidavit
by executor or administrator that he is solely interested inthe
estateom o in c pubd gaz 11 February 1978 pp
492–4Form428—Memorandumtobefiledbypersonclaimingtobeheardontheexaminationandpassingexecutor’soradministrator’sortrustee’saccounts or to
the allowance of commissionamd o in c pubd gaz 11 February 1978
pp 492–4
958Rules of the Supreme CourtForm429—Registrar’scertificateofresultofexaminationofexecutor’soradministrator’s accountamd o in c pubd
gaz 11 February 1978 pp 492–4sub o in c pubd
gaz 6 September 1980 pp 1–16Form
430—Registrar’s certificate of result of examination of trustee’s
accountamd o in c pubd gaz 11 February 1978 pp
492–4sub o in c pubd gaz 6 September 1980 pp
1–16; 13 March 1982 p 1047Form 452—Order for capias ad
respondendumom 1993 SL No. 307 s 5(14)Form
453—Writ of capias ad respondendumamd 1997 SL No.
266 s 38(1)Form 455—Writ of foreign attachmentamd
1997 SL No. 266 s 38(1)Form 457—Plaintiff’s bondamd
1997 SL No. 266 s 38(1)SECTION 1—CERTIORARIhdg
prec Form 465om 1991 No. 100 s 58(3)Form
465—Application for a statutory order of review3prev
form 465 om 1991 No. 100 s 58(3)pres form 465 ins
1991 No. 100 s 58(4) sch 5Form 466—Application for review3prev form 466 om 1991 No. 100 s
58(3)pres form 466 ins 1991 No. 100 s 58(4) sch
5Form 467—Application relating to statement of
reasons3prev form 467 om 1991 No. 100 s
58(3)pres form 467 ins 1991 No. 100 s 58(4) sch
5Form468—Securitytoprosecutecertiorariforjudgmentorderorotherproceedingom
1991 No. 100 s 58(3)Form 469—General form of writ of
certiorariom 1991 No. 100 s 58(3)Form 470—Writ of
certiorari to Judge of a District Courtom 1991 No. 100 s
58(3)Form471—WritofcertioraritoStipendiaryMagistratesortheClerkoftheCourt, Magistrates Courtom
1991 No. 100 s 58(3)Form 472—Praecipe for writ of
certiorariom 1991 No. 100 s 58(3)3See
endnote 9.
959Rules of the Supreme CourtForm
473—Return to writ of certiorariom 1991 No. 100 s
58(3)Form474—MemorandumpursuanttoOrder81,R.11,thatrecognizancenotrequiredom 1991 No. 100 s
58(3)Form475—Writofsupersedeastocertiorariandprocedendotocarrybackproceedingsom 1991 No. 100 s
58(3)Form 476—Praecipe for writ of supersedeas and
procedendoom 1991 No. 100 s 58(3)SECTION
2—MANDAMUShdg prec Form 478om 1991 No. 100 s
58(3)Form 477—Writ of mandamusom 1991 No. 100 s
58(3)Form 478—Praecipe for writ of mandamusom
1991 No. 100 s 58(3)Form 479—Return to writ of mandamusom
1991 No. 100 s 58(3)Form 480—Peremptory writ of mandamusom
1991 No. 100 s 58(3)Form 481—Praecipe for peremptory writ of
mandamusom 1991 No. 100 s 58(3)SECTION
3—PROHIBITIONhdg prec Form 482om 1991 No. 100 s
58(3)Form 482—Writ of prohibitionom
1991 No. 100 s 58(3)Form 483—Praecipe for writ of
prohibitionom 1991 No. 100 s 58(3)Form 484—Writ of
procedendoom 1991 No. 100 s 58(3)Form 485—Praecipe
for writ of procedendoom 1991 No. 100 s 58(3)SECTION 4—QUO WARRANTOhdg prec Form
486om 1991 No. 100 s 58(3)Form 486—Security
to prosecuteom 1991 No. 100 s 58(3)Form
487—Information of quo warrantoom 1991 No. 100 s
58(3)Form 488—Disclaimer upon an information of
quo warrantoom 1991 No. 100 s 58(3)
960Rules of the Supreme CourtForm
489—Judgment of ouster on quo warranto after trialom
1991 No. 100 s 58(3)Form 490—Judgment of ouster on
disclaimerom 1991 No. 100 s 58(3)Form 492—Order for
writ of habeas corpusom 1993 SL No. 307 s 5(14)Form
493—Writ of habeas corpus ad subjiciendumamd 1997 SL No.
266 s 38(1)Form 494—Notice to be served with writ of
habeas corpus ad subjiciendumamd 1997 SL No.
266 s 38(1)Form 501—Writ of inquisitionamd
1997 SL No. 266 s 38(1)Form 506—Recognisance to appear to
answer charge of contemptamd 1997 SL No. 266 s 38(1)Form
507—Order for committalom 1993 SL No. 307 s 5(14)Form
508—Warrant of committalamd 1993 SL No. 307 s 5(11)Form
510—Order directing examination of witnessesom 1993 SL No.
307 s 5(14)Form 511—Certificate of registrar certifying
depositionsamd 1993 SL No. 307 s 5(12)PART
25—FORMS RELATING TO TAXATION OF COSTSpt hdgins
1993 SL No. 44 s 10Form 512—Appointment for directionsins
1993 SL No. 44 s 10Form 513—Note about taxation of costsins
1993 SL No. 307 s 5(13)PART 26—FORMS FOR ADR PROCESSpt
hdgins 1995 SL No. 133 s 5Form
514—Application for approval as mediatorins 1995 SL No.
133 s 5Form 515—Application for approval as case
appraiserins 1995 SL No. 133 s 5Form 516—Venue
provider’s noticeins 1995 SL No. 133 s 5Form 517—Notice of
fee changeins 1995 SL No. 133 s 5
961Rules of the Supreme CourtForm
518—Consent orderins 1995 SL No. 133 s 5Form 519—Referring
orderins 1995 SL No. 133 s 5Form
520—Mediator’s certificateins 1995 SL No. 133 s 5Form
521—Case appraiser’s certificateins 1995 SL No.
133 s 5Form 522—Notice of election to go to
trialins 1995 SL No. 133 s 5SCHEDULE 2—SCALE
OF COSTSsub o in c pubd gaz 2 May 1959 pp
35–8amd o in c pubd gaz 24 June 1961 p
761sub o in c pubd gaz 14 December 1965 pp
1431–649; 11 February 1967 pp453–60amd o
in c pubd gaz 25 February 1967 p 745; 1 July 1967 p 1063sub o
in c pubd gaz 12 June 1971 pp 899–906amd o in c pubd
gaz 2 March 1974 p 838; 23 March 1974 pp 1147–54;12
April 1975 pp 1603–10; 26 July 1975 pp 1492–3; 28 February
1976pp 739–46; 27 November 1976 pp 1376–7; 4
June 1977 pp 797–805;29July1978pp1463–70;4November1978p789;25August1979pp2101–8;29September1979p482;20October1979p747;27September1980pp405–12;26September1981pp283–90;27March1982p1265;17December1983p1686;28January1984pp197–204;20October1984p786;21December1985pp2121–9;25 January 1986
pp 239–40; 29 August 1987 pp 3515–24; 26 December1987pp1909–10;20August1988pp3444–52;21October1989pp
1317–20; 30 June 1990 pp 1201–5sub 1991 SL No.
45 s 4; 1992 SL No. 444 s 4; 1993 SL No. 497 s 4; 1995SL
No. 75 s 4; 1996 SL No. 292 s 4amd 1997 SL No.
266 s 39sub 1997 SL No. 269 s 4; 1998 SL No. 338 s
4SCHEDULE 3—SCALE OF FEESamdrulepubdgaz3November1900p1260;29March1902p1035;7 December 1907 p
1403sub o in c pubd gaz 27 June 1959 pp
1533–6amd o in c pubd gaz 1 October 1960 p 692; 30
September 1961 p 359sub o in c pubd gaz 14 December 1965 pp
1431–649amdoincpubdgaz14September1968p124;27September1975pp
291–2sub o in c pubd gaz 11 December 1976 pp
1511–18amd o in c pubd gaz 4 June 1977 pp
797–805suboincpubdgaz13May1978pp324–7;22September1979pp
325–32amd o in c pubd gaz 7 June 1980 p
928
962Rules of the Supreme Courtsub o
in c pubd gaz 20 September 1980 pp 211–17; 19 September 1981pp187–94;29September1982pp435–8;5November1983pp
893–901amd o in c pubd gaz 19 November 1983 p
1215sub o in c pubd gaz 22 September 1984 pp
259–67amd o in c pubd gaz 1 June 1985 pp
1013–14sub o in c pubd gaz 18 June 1985 pp 1262–70;
21 June 1986 pp 1386–94;30 June 1987 pp 2370–8amd o
in c pubd gaz 13 February 1988 p 780; 18 June 1988 p 1454suboincpubdgaz25June1988pp2364–72;23September1989pp
706–15; 30 June 1990 pp 1206–18amd o in c pubd
gaz 23 March 1991 pp 1738–9sub 1991 SL No. 46 s 4; 1992 SL No.
444 s 4; 1993 SL No. 497 s 4; 1995SL No. 75 s
5amd 1995 SL No. 133 s 6; 1996 SL No. 98 s 5;
1996 SL No. 137 s 7sub 1996 SL No. 292 s 4; 1997 SL No. 269 s
4; 1998 SL No. 338 s 4SCHEDULE4—PLAINTIFF’SCOSTSWHEREAMOUNTDEFENDANT’S COSTS WHERE AMOUNT
CLAIMEDins o in c pubd gaz 27 June 1922 pp
1815–19sub o in c pubd gaz 14 May 1927 p
1691om o in c pubd gaz 2 May 1959 p 35RECOVERED.´8Transitional and savings
provisionsOrder in council pubd gaz 28 February 1970 p
713 provides as follows—1.This rule shall
not come into operation until the First day of March,1970,
but notwithstanding the change in size of paper affected by Rules
2and 3, a document may be accepted for filing
until the First day of July,1970, if written
or printed upon foolscap paper if such document otherwisecomplies with the provisions of Order 93,
Part 1.Order in council pubd gaz 9 April 1988 pp
2077–83 provides as follows—TransitionalThe new Order 26
does not apply to an action in which at the date ofcommencement of the new Order 26 money had
been paid into court andthe previously existing Order 26 and
the forms thereunder shall continue toapply to that
action.
