Part 1: Overriding Objective |
The overriding objective | Rule 1.1 |
Application of overriding objective by the court | Rule 1.2 |
Duty of parties | Rule 1.3 |
Part 2: Application and Interpretation of these Rules |
Citation | Rule 2.1 |
Application of these Rules | Rule 2.2 |
Application of Interpretation Acts | Rule 2.3 |
Definitions | Rule 2.4 |
Who may exercise the powers of the court | Rule 2.5 |
Court staff | Rule 2.6 |
Court's discretion as to where, when and how it deals with cases | Rule 2.7 |
Part 3: Time and Documents |
Time – court to state calendar date | Rule 3.1 |
Time – computation | Rule 3.2 |
Vacations | Rule 3.3 |
Hearings in vacations | Rule 3.4 |
Time – vacations | Rule 3.5 |
Documents | Rule 3.6 |
Filing of documents | Rule 3.7 |
Sealing of documents issued by the court | Rule 3.8 |
Forms | Rule 3.9 |
Statements of case – address for service | Rule 3.10 |
Statements of case – certificate of truth | Rule 3.11 |
Failure to give certificate of truth | Rule 3.12 |
Right to inspect, etc. certain documents filed in court office | Rule 3.13 |
Part 4: Practice Directions and Guides |
Who may issue practice directions | Rule 4.1 |
Scope of practice directions | Rule 4.2 |
Publication of practice directions | Rule 4.3 |
Compliance with practice directions | Rule 4.4 |
Practice guides | Rule 4.5 |
Date from which practice directions and guides take effect | Rule 4.6 |
Practice Directions and Practice Guides made under Civil Procedure Rules 2000 | Rule 4.7 |
Part 5: Service of Claim Form within Jurisdiction |
Service of claim form – normal method | Rule 5.1 |
Statement of claim to be served with claim form | Rule 5.2 |
Method of personal service | Rule 5.3 |
Permitted place of service | Rule 5.4 |
Proof of personal service | Rule 5.5 |
Service on legal practitioner | Rule 5.6 |
Service on limited company | Rule 5.7 |
Service on firm or partnership | Rule 5.8 |
Service on body corporate | Rule 5.9 |
Service on minors and patients | Rule 5.10 |
Proof of postal service | Rule 5.11 |
Proof of service by electronic means | Rule 5.12 |
Alternative methods of service | Rule 5.13 |
Power of court to make order for service by specified method | Rule 5.14 |
Proof of service by specified method | Rule 5.15 |
Service of claim form by contractually agreed method | Rule 5.16 |
Service of claim form on agent of principal who is out of jurisdiction | Rule 5.17 |
Service of claim form for possession of vacant land | Rule 5.18 |
Deemed date of service | Rule 5.19 |
Part 5A: Electronic Litigation Portal Filing and Service Procedure |
Scope of this Part | Rule 5A.1 |
Application of this Part | Rule 5A.2 |
Operation of the Electronic Litigation Portal | Rule 5A.3 |
Registration for use of the Electronic Litigation Portal | Rule 5A.4 |
Format of document | Rule 5A.5 |
Electronic Signature | Rule 5A.6 |
Electronic submission of document | Rule 5A.7 |
Filing within and outside hours of business | Rule 5A.8 |
Fees | Rule 5A.9 |
Validity of claim forms filed on the Electronic Litigation Portal | Rule 5A.10 |
Processing by the Court's Registry | Rule 5A.11 |
Service of document by electronic means | Rule 5A.12 |
Consent to service by electronic means | Rule 5A.13 |
Document served by electronic means which cannot be viewed or downloaded | Rule 5A.14 |
Service by electronic means by or on the Court | Rule 5A.15 |
Proof of service | Rule 5A.16 |
Electronic compilation of trial/hearing bundle, core bundle and record of appeal | Rule 5A.17 |
Use of Electronic Litigation Portal by pro se litigant | Rule 5A.18 |
Practice Direction and Practice Guides | Rule 5A.19 |
Part 6: Service of other Documents |
Who is to serve documents other than claim form | Rule 6.1 |
Method of service | Rule 6.2 |
Address for service | Rule 6.3 |
Serving documents where no address for service is given | Rule 6.4 |
Service of documents on person who is not a party | Rule 6.5 |
Deemed date of service | Rule 6.6 |
Proof of service | Rule 6.7 |
Power of court to dispense with service | Rule 6.8 |
Service of notices, etc. on Attorney General | Rule 6.9 |
Part 7: Service of Court Process out of jurisdiction |
Scope of this Part | Rule 7.1 |
General rule as to service of court process out of jurisdiction | Rule 7.2 |
Service of court process out of jurisdiction in specified proceedings | Rule 7.3 |
Service out of jurisdiction with leave | Rule 7.4 |
Proceedings which include other types of claims | Rule 7.5 |
Certificate for service out of the jurisdiction | Rule 7.6 |
Acknowledgement of service and defence where court process served out of jurisdiction | Rule 7.7 |
Application to set aside service under rule 7.2 | Rule 7.8 |
Mode of service of court process – general provisions | Rule 7.9 |
Mode of service – alternative procedure | Rule 7.10 |
Power of court to dispense with service of court process | Rule 7.11 |
Service of court process through foreign governments, or judicial or consular authorities | Rule 7.12 |
Procedure where court process is to be served through foreign governments, etc. | Rule 7.13 |
Service of court process on a State | Rule 7.14 |
Translation of court process | Rule 7.15 |
Undertaking to be responsible for expenses of minister with responsibility for foreign affairs | Rule 7.16 |
Service of court documents other than court process | Rule 7.17 |
Part 8: How to Start Proceedings |
The claimant – how to start proceedings | Rule 8.1 |
Statement of claim, etc. to be issued and served with claim form | Rule 8.2 |
Where to start proceedings | Rule 8.3 |
Right to make claim which includes two or more claims | Rule 8.4 |
Claim not to fail by adding or failing to add parties | Rule 8.5 |
What must be included in claim form | Rule 8.6 |
Claimant's duty to set out case | Rule 8.7 |
Permission to rely on allegation or factual argument | Rule 8.8 |
Certificate of value (small claims) | Rule 8.9 |
Special requirements applying to claims for personal injuries | Rule 8.10 |
Relator claims | Rule 8.11 |
Service of claim | Rule 8.12 |
Time within which claim may be served | Rule 8.13 |
Extension of time for serving claim | Rule 8.14 |
Defence form, etc. must be served with claim form | Rule 8.15 |
Pre-action protocols | Rule 8.16 |
Part 9: Acknowledgment of Service and Notice of Intention to Defend |
Scope of this Part | Rule 9.1 |
Filing acknowledgment of service and consequence of not doing so | Rule 9.2 |
The period for filing acknowledgment of service | Rule 9.3 |
Notice to claimant of filing of acknowledgment of service | Rule 9.4 |
Contents of acknowledgment of service | Rule 9.5 |
Right to dispute jurisdiction of court not taken away by acknowledgment of service | Rule 9.6 |
Procedure for disputing court's jurisdiction | Rule 9.7 |
Procedure for applying for a stay on the basis that the court should not exercise its jurisdiction | Rule 9.8 |
Part 10: Defence and Counterclaim |
Scope of this Part | Rule 10.1 |
The defendant – filing defence and consequences of not doing so | Rule 10.2 |
The period for filing defence | Rule 10.3 |
Service of copy of defence | Rule 10.4 |
Defendant's duty to set out case | Rule 10.5 |
Special requirements applying to claims for personal injuries | Rule 10.6 |
Consequences of not setting out defence | Rule 10.7 |
Defence of tender | Rule 10.8 |
Reply to defence | Rule 10.9 |
Defendant's counterclaim | Rule 10.10 |
Defendant's counterclaim – service | Rule 10.11 |
Restrictions on right to make counterclaim in proceedings by or against the Crown | Rule 10.12 |
Counterclaim may survive claim | Rule 10.13 |
Defence to counterclaim | Rule 10.14 |
Claimant's defence to counterclaim – service | Rule 10.15 |
Part 11: General Rules about Applications for Court Orders |
Scope of this Part | Rule 11.1 |
Applicants and respondents | Rule 11.2 |
Applications to be dealt with at case management conference | Rule 11.3 |
Time when application is made | Rule 11.4 |
Where to make application | Rule 11.5 |
Application to be in writing | Rule 11.6 |
What application must include | Rule 11.7 |
Notice of application and evidence in support | Rule 11.8 |
Evidence in support of application | Rule 11.9 |
Contents of notice of application | Rule 11.10 |
Service of notice of application | Rule 11.11 |
Response to application | Rule 11.12 |
Amendments to application | Rule 11.13 |
Powers of court in relation to conduct of application | Rule 11.14 |
Power to strike out application | Rule 11.15 |
Consequence of not asking for order in application | Rule 11.16 |
Applications which may be dealt with without hearing | Rule 11.17 |
Service of application where order made on application made without notice | Rule 11.18 |
Applications to set aside or vary order made on application made without notice | Rule 11.19 |
Power of court to proceed in absence of party | Rule 11.20 |
Application to set aside order made in absence of party | Rule 11.21 |
Part 12: Default Judgments |
Scope of this Part | Rule 12.1 |
Claims in which default judgment may not be obtained | Rule 12.2 |
Cases in which permission required | Rule 12.3 |
Conditions to be satisfied – judgment for failure to file acknowledgment of service | Rule 12.4 |
Conditions to be satisfied – judgment for failure to defend | Rule 12.5 |
Conditions to be satisfied – judgment for failure to defend counterclaim | Rule 12.6 |
Admission of part – request for time to pay | Rule 12.7 |
Claim for specified sum of money | Rule 12.8 |
Claim against more than one defendant | Rule 12.9 |
Nature of default judgment | Rule 12.10 |
Procedure for obtaining default judgment | Rule 12.11 |
Interest | Rule 12.12 |
Costs | Rule 12.13 |
Defendant's rights following default judgment | Rule 12.14 |
Part 13: Setting Aside or Varying Default Judgment |
Scope of this Part | Rule 13.1 |
Cases where court must set aside default judgment | Rule 13.2 |
Cases where court may set aside or vary default judgment | Rule 13.3 |
Applications to vary or set aside default judgment – procedure | Rule 13.4 |
Court to impose condition as to filing of defence | Rule 13.5 |
Hearing to be treated as case management conference | Rule 13.6 |
Abandoned claims to be restored if default judgment set aside | Rule 13.7 |
Part 14: Judgment on Admissions |
Making an admission | Rule 14.1 |
Satisfaction | Rule 14.2 |
Admissions where party a minor or patient | Rule 14.3 |
Admission by notice in writing – application for judgment | Rule 14.4 |
Admission in whole or in part of money claim | Rule 14.5 |
Admission of whole of claim for specified sum of money | Rule 14.6 |
Admission of part of claim for money only | Rule 14.7 |
Admission of liability to pay whole of claim for unspecified sum of money | Rule 14.8 |
Requests for time to pay | Rule 14.9 |
Requests for time to pay – procedure where time and rate agreed | Rule 14.10 |
Requests for time to pay – procedure where lime and rate not agreed | Rule 14.11 |
Right of redetermination | Rule 14.12 |
Variation of order | Rule 14.13 |
Part 15: Summary Judgment |
Scope of this Part | Rule 15.1 |
Grounds for summary judgment | Rule 15.2 |
Types of proceedings for which summary judgment is not available | Rule 15.3 |
Procedure | Rule 15.4 |
Evidence for purpose of summary judgment hearing | Rule 15.5 |
Powers of court on application for summary judgment | Rule 15.6 |
Part 16: Assessment of Damages |
Scope of this Part | Rule 16.1 |
Assessment of damages after default judgment | Rule 16.2 |
Assessment of damages after admission of liability on claim for unspecified sum of money | Rule 16.3 |
Assessment of damages after direction for trial of issue of quantum | Rule 16.4 |
Part 17: Interim Remedies |
Orders for interim remedies | Rule 17.1 |
Time when an order for interim remedy may be made | Rule 17.2 |
How to apply for interim remedy | Rule 17.3 |
Interim injunctions and similar orders | Rule 17.4 |
Interim payments – general procedure | Rule 17.5 |
Interim payments – conditions to be satisfied and matters to be taken into account | Rule 17.6 |
Powers of court where it has made an order for interim payment | Rule 17.7 |
Power of court to order early trial | Rule 17.8 |
Part 18: Ancillary Claims |
Meaning of ancillary claim | Rule 18.1 |
Ancillary claim to be treated as claim for purposes of these Rules | Rule 18.2 |
Defendant's claim for contribution or indemnity from co-defendant | Rule 18.3 |
Procedure for making ancillary claim | Rule 18.4 |
Service of ancillary claim form Defence to ancillary claim | Rule 18.5 |
Procedure for making ancillary claim | Rule 18.6 |
Matters relevant to whether ancillary claim should be dealt with separately from main claim | Rule 18.7 |
Effect of service of ancillary claim | Rule 18.8 |
Special provisions relating to judgment on failure to file defence to ancillary claim | Rule 18.9 |
Applications to vary or set aside judgment – procedure | Rule 18.10 |
Court to impose condition as to filing of defence | Rule 18.11 |
Procedural steps on service of ancillary claim on person who is not a party | Rule 18.12 |
Case management where there is defence to ancillary claim | Rule 18.13 |
Part 19: Addition and Substitution of Parties |
Scope of this Part | Rule 19.1 |
Change of parties – general | Rule 19.2 |
Procedure for adding and substituting parties | Rule 19.3 |
Special provisions about adding or substituting parties after end of relevant limitation period | Rule 19.4 |
Part 20: Changes to Statements of Case |
Changes to statements of case | Rule 20.1 |
Changes to statement of case after end of relevant limitation period | Rule 20.2 |
Filing an amended statement of case | Rule 20.3 |
Part 21: Representative Parties |
Representative claimants and defendants – general | Rule 21.1 |
Appointment of representative claimant or defendant – procedure | Rule 21.2 |
Consequence of order appointing representative party | Rule 21.3 |
Representation of persons who cannot be ascertained, etc. in proceedings about estates, trusts and construction of written instruments | Rule 21.4 |
Compromise in proceedings to which rule 21.4 applies | Rule 21.5 |
Representation of beneficiaries by trustees | Rule 21.6 |
Proceedings against estate of deceased person | Rule 21.7 |
Power of court to give directions to enable proceedings to be carried on after party's death | Rule 21.8 |
Power of court to strike out action after death of claimant | Rule 21.9 |
Death of defendant | Rule 21.10 |
Part 22: Miscellaneous Rules about Parties |
Partners | Rule 22.1 |
Person carrying on business in another name | Rule 22.2 |
Bodies corporate | Rule 22.3 |
Part 23: Minors and Patients |
Scope of this Part | Rule 23.1 |
Requirement of next friend in proceedings by or against minors or patients | Rule 23.2 |
Stage of proceedings at which next friend becomes necessary | Rule 23.3 |
Who may be minor's next friend | Rule 23.4 |
Who may be patient's next friend | Rule 23.5 |
Conditions for being next friend | Rule 23.6 |
How person becomes next friend without court order | Rule 23.7 |
How person becomes next friend by court order | Rule 23.8 |
Court's power to terminate appointment of and substitute next friend | Rule 23.9 |
Appointment of next friend by court order – supplementary | Rule 23.10 |
Procedure where appointment as next friend ceases | Rule 23.11 |
Compromise, etc. by or on behalf of minor or patient | Rule 23.12 |
Control of money recovered by or on behalf of minor or patient | Rule 23.13 |
Part 24: Security for Costs |
Scope of this Part | Rule 24.1 |
Application for order for security for costs | Rule 24.2 |
Conditions to be satisfied | Rule 24.3 |
Security for costs against counter-claiming defendant | Rule 24.4 |
Enforcing order for security for costs | Rule 24.5 |
Part 25: Case Management – The Objective |
Court's duty to actively manage cases | Rule 25.1 |
Part 26: Case Management –The Court's Powers |
Court's general powers of management | Rule 26.1 |
Courts power to make orders of its own initiative | Rule 26.2 |
Sanctions - striking out statement of case | Rule 26.3 |
Court's general power to strike out statement of case | Rule 26.4 |
Judgment without trial after striking out | Rule 26.5 |
Setting aside judgment after striking out | Rule 26.6 |
Court's powers in cases of failure to comply with rules, etc. | Rule 26.7 |
Relief from sanctions | Rule 26.8 |
General power of court to rectify matters | Rule 26.9 |
Part 27: Case Management Conferences – Procedure |
Scope of this Part | Rule 27.1 |
Fixed date claims – first hearing | Rule 27.2 |
Case management conference | Rule 27.3 |
Attendance at case management conference or pre-trial review | Rule 27.4 |
Orders to be made at case management conference | Rule 27.5 |
Dispensing with case management conference in simple and urgent proceedings | Rule 27.6 |
Adjournment of case management conference | Rule 27.7 |
Variation of case management timetable | Rule 27.8 |
Listing questionnaire | Rule 27.9 |
Fixing trial date | Rule 27.10 |
Part 28: Disclosure and Inspection of Documents |
Scope of this Part | Rule 28.1 |
Duty of disclosure limited to documents which are or have been in party's control | Rule 28.2 |
Disclosure of copies | Rule 28.3 |
Standard disclosure | Rule 28.4 |
Specific disclosure | Rule 28.5 |
Criteria for ordering specific disclosure | Rule 28.6 |
Procedure for disclosure | Rule 28.7 |
Duty of legal practitioner | Rule 28.8 |
Requirement for maker to certify understanding of the duty of disclosure | Rule 28.9 |
Disclosure in stages | Rule 28.10 |
Inspection and copying of listed documents | Rule 28.11 |
Duty of disclosure continuous during proceedings | Rule 28.12 |
Consequence of failure to disclose documents under order for disclosure | Rule 28.13 |
Claim of right to withhold disclosure or inspection document | Rule 28.14 |
Restriction on use of a privileged document inspection of which has been inadvertently allowed | Rule 28.15 |
Documents referred to in statements of case, etc. | Rule 28.16 |
Subsequent use of disclosed documents | Rule 28.17 |
Notice to prove document | Rule 28.18 |
Part 29: Evidence |
Power of court to control evidence | Rule 29.1 |
Evidence at trial – general rule | Rule 29.2 |
Evidence by video link or other means | Rule 29.3 |
Requirement to serve witness statements | Rule 29.4 |
Form of witness statements | Rule 29.5 |
Witness summaries | Rule 29.6 |
Procedure where one party does not serve witness statement by date directed | Rule 29.7 |
Witness to give evidence unless court otherwise orders | Rule 29.8 |
Amplifying witness statements at trial | Rule 29.9 |
Cross-examination on witness statement | Rule 29.10 |
Consequence of failure to serve witness statement or summary | Rule 29.11 |
Use of witness statement for other purposes | Rule 29.12 |
Notice to admit facts | Rule 29.13 |
Part 30: Affidavits |
Affidavit evidence | Rule 30.1 |
Form of affidavits | Rule 30.2 |
Contents of affidavits | Rule 30.3 |
Documents to be used in conjunction with affidavits | Rule 30.4 |
Making of affidavits | Rule 30.5 |
Service of affidavits | Rule 30.6 |
Part 31: Miscellaneous Rules about Evidence |
Use of plans, photographs, etc. as evidence | Rule 31.1 |
Evidence on questions of foreign law | Rule 31.2 |
Evidence of consent of trustee to act | Rule 31.3 |
Translation of documents | Rule 31.4 |
Part 32: Experts and Assessors |
Scope of this Part | Rule 32.1 |
General duty of court and of parties | Rule 32.2 |
Expert's overriding duty to court | Rule 32.3 |
Way in which expert's duty to court is to be carried out | Rule 32.4 |
Expert's right to apply to court for directions | Rule 32.5 |
Court's power to restrict expert evidence | Rule 32.6 |
General requirement for expert evidence to be given in written report | Rule 32.7 |
Written questions to experts | Rule 32.8 |
Court's power to direct evidence by single expert | Rule 32.9 |
Cross-examination of court appointed expert | Rule 32.10 |
Instructions to single expert | Rule 32.11 |
Power of court to direct party to provide expert report | Rule 32.12 |
Expert's report to be addressed to court | Rule 32.13 |
Contents of report | Rule 32.14 |
Meeting of experts | Rule 32.15 |
Consequence of failure to disclose expert's report | Rule 32.16 |
Appointment of assessor | Rule 32.17 |
Part 33: Court Attendance by Witnesses and Depositions |
Scope of this Part | Rule 33.1 |
Witness summonses | Rule 33.2 |
Issue of witness summons | Rule 33.3 |
Witness summons in aid of inferior court or tribunal | Rule 33.4 |
Time for serving witness summons | Rule 33.5 |
Compensation for loss of time | Rule 33.6 |
Evidence by deposition before examiner | Rule 33.7 |
Conduct of examination | Rule 33.8 |
Evidence without examiner being present | Rule 33.9 |
Enforcing attendance of witness | Rule 33.10 |
Special report | Rule 33.11 |
Fees and expenses of examiner | Rule 33.12 |
Order for payment of examiner's fees | Rule 33.13 |
Use of deposition at hearing | Rule 33.14 |
Where person to be examined is out of the jurisdiction –letter of request | Rule 33.15 |
Early appointment to produce documents | Rule 33.16 |
Part 34: Requests for Information |
Right of parties to obtain information | Rule 34.1 |
Orders compelling reply to request for information | Rule 34.2 |
Information obtained under Part 34 not to be used in other proceedings | Rule 34.3 |
Certificate of truth | Rule 34.4 |
Part 35: Offers to Settle |
Scope of this Part | Rule 35.1 |
Introductory | Rule 35.2 |
Making offer to settle | Rule 35.3 |
Time when offer to settle may be made | Rule 35.4 |
Procedure for making offer to settle | Rule 35.5 |
Extent to which offer to settle covers interest, costs or counterclaim | Rule 35.6 |
Offer to settle made after interim payment | Rule 35.7 |
Offer to settle part of claim | Rule 35.8 |
Time limit for accepting offer to settle | Rule 35.9 |
Procedure for acceptance | Rule 35.10 |
Effect of acceptance – generally | Rule 35.11 |
Effect of acceptance – more than two parties | Rule 35.12 |
Costs of offeror and offeree where offer is accepted – defendant's offer | Rule 35.13 |
Costs of offeror and offeree where offer is accepted – claimant's offer | Rule 35.14 |
Costs where offer not accepted – general rules | Rule 35.15 |
How costs are to be dealt with | Rule 35.16 |
Part 36: Payments into Court to Support Offers under Part 35 and under Court Order |
Scope of this Part | Rule 36.1 |
Payments into court to support offers to settle | Rule 36.2 |
Right to payment out on acceptance of offer | Rule 36.3 |
Cases where payment out requires court order | Rule 36.4 |
Money paid into court under order | Rule 36.5 |
Money paid into court as condition for permission to defend or to continue to defend | Rule 36.6 |
Proceedings under Fatal Accidents Acts | Rule 36.7 |
Part 37: Discontinuance |
Scope of this Part | Rule 37.1 |
Right to discontinue claim | Rule 37.2 |
Procedure for discontinuing | Rule 37.3 |
Right to apply to have notice of discontinuance set aside | Rule 37.4 |
Effect of discontinuance | Rule 37.5 |
Liability for costs | Rule 37.6 |
Quantification of costs | Rule 37.7 |
Discontinuance and subsequent proceedings | Rule 37.8 |
Part 38: Pre-Trial Review |
Scope of this Part | Rule 38.1 |
Direction for pre-trial review | Rule 38.2 |
Rules relating to case management conference to apply | Rule 38.3 |
Who is to conduct pre-trial review | Rule 38.4 |
Parties to prepare pre-trial memorandum | Rule 38.5 |
Directions at pre-trial review | Rule 38.6 |
Part 38A: Judicial Settlement Conferences |
Scope of this Part | Rule 38A.1 |
Docketing for judicial settlement conferences | Rule 38A.2 |
Court may assist in negotiating for settlement before a hearing | Rule 38A.3 |
Court may assist in negotiating for settlement during a hearing | Rule 38A.4 |
Directions for mediation or other alternative dispute resolution mechanism | Rule 38A.5 |
Rules relating to case management conference to apply | Rule 38A.6 |
Confidentiality | Rule 38A.7 |
Preparation for judicial settlement conference | Rule 38A.8 |
Attendance at judicial settlement conference | Rule 38A.9 |
Non-attendance at judicial settlement conference and costs consequences | Rule 38A.10 |
Judicial settlement conference directions | Rule 38A.11 |
Conclusion of judicial settlement conference | Rule 39A.12 |
Where judicial settlement conference is unsuccessful | Rule 38A.13 |
Costs | Rule 38A.14 |
Part 39: Trial |
Documents for use at trial | Rule 39.1 |
Cross-examination | Rule 39.2 |
Written submissions | Rule 39.3 |
Failure of party to attend trial | Rule 39.4 |
Applications to set aside judgment given in party's absence | Rule 39.5 |
Adjournment of trial | Rule 39.6 |
Inspection | Rule 39.7 |
Part 40: Appointment of Referee to Inquire and Report |
Power to order trial before referee | Rule 40.1 |
Reference to referee to inquire and report | Rule 40.2 |
Appointment of referee | Rule 40.3 |
Conduct of reference | Rule 40.4 |
Report following reference | Rule 40.5 |
Consideration of report by court | Rule 40.6 |
Restrictions on appointment of referee in a claim by or against Crown | Rule 40.7 |
Part 41: Accounts and Inquiries |
Scope of this Part | Rule 41.1 |
Directions for account | Rule 41.2 |
Verification of account | Rule 41.3 |
Notice of omissions | Rule 41.4 |
Allowances | Rule 41.5 |
Delay | Rule 41.6 |
Distribution before entitlement ascertained | Rule 41.7 |
Part 42: Judgments and Orders |
Scope of this Part | Rule 42.1 |
Parties present when order made or notified of terms to be bound | Rule 42.2 |
Practice forms to be used where available | Rule 42.3 |
Standard requirements | Rule 42.4 |
Drawing of judgments and orders | Rule 42.5 |
Service of orders | Rule 42.6 |
Consent judgments and orders | Rule 42.7 |
Time when judgment or order takes effect | Rule 42.8 |
Time for complying with judgment or order | Rule 42.9 |
Correction of errors in judgments or orders | Rule 42.10 |
Cases where court gives judgment both on claim and counterclaim | Rule 42.11 |
Service of copy order or judgment on person not a party | Rule 42.12 |
Part 43: Enforcement – General Provisions |
Scope of this Part | Rule 43.1 |
Procedure for beginning enforcement | Rule 43.2 |
Judgment subject to conditions | Rule 43.3 |
Separate enforcement of costs | Rule 43.4 |
Effect of setting aside judgment or order | Rule 43.5 |
Court's powers where person ordered to do act fails to comply | Rule 43.6 |
Judgment for sum in foreign currency | Rule 43.7 |
Enforcement by or against person who is not a party | Rule 43.8 |
Enforcement against partnership | Rule 43.9 |
Enforcement of awards, etc. made by outside bodies | Rule 43.10 |
Recognition and enforcement of awards made by foreign bodies | Rule 43.11 |
Application for recognition and enforcement | Rule 43.12 |
Part 44: Oral Examination in Aid of Enforcement |
Scope of this Part | Rule 44.1 |
Who may be orally examined | Rule 44.2 |
Procedure to obtain order for oral examination | Rule 44.3 |
Order for oral examination | Rule 44.4 |
Conduct of oral examination | Rule 44.5 |
Order for payment by instalments | Rule 44.6 |
Financial position notice | Rule 44.7 |
Part 45: How Judgments may be Enforced |
Scope of this Part | Rule 45.1 |
How money judgments may be enforced | Rule 45.2 |
Enforcement of orders for payment of money into court | Rule 45.3 |
Enforcement of judgments and orders for possession of land | Rule 45.4 |
Enforcement of judgments and orders for delivery of goods | Rule 45.5 |
Enforcement of judgments and orders requiring person to do act within specified time or not to do act | Rule 45.6 |
Enforcement of judgments and orders requiring body corporate to do act within specified time or not to do act | Rule 45.7 |
Part 46: General Rules about Writs of Execution |
Meaning of “writ of execution” | Rule 46.1 |
Permission required to enforce in certain cases | Rule 46.2 |
Application for permission to enforce | Rule 46.3 |
Amount to be recovered on enforcement | Rule 46.4 |
Enforcement of judgment or order requiring judgment debtor to do two or more different things | Rule 46.5 |
Enforcement of judgment for payment by instalments | Rule 46.6 |
No writ of execution for goods or payment of assessed value unless court has assessed | Rule 46.7 |
Order for specific delivery | Rule 46.8 |
Period for which writ of execution valid | Rule 46.9 |
Renewal of writ of execution | Rule 46.10 |
Period for which court may renew writ of execution | Rule 46.11 |
Effective date of renewed writ unchanged | Rule 46.12 |
Claims to goods seized under writ of execution | Rule 46.13 |
Suspension of writ of execution at request of judgment creditor | Rule 46.14 |
Return to writ of execution | Rule 46.15 |
Part 47: Variation of Terms of Judgments and Suspension of Writs |
Scope of this Part | Rule 47.1 |
Applications to vary time and method of payment or to suspend order for seizure and sale of goods or writ of delivery | Rule 47.2 |
Where no objection except as to terms – procedure | Rule 47.3 |
Application for redetermination of court's decision | Rule 47.4 |
Where judgment creditor objects to variation or suspension | Rule 47.5 |
Pre-suspension costs | Rule 47.6 |
Judgment creditor's right to re-issue writ of execution | Rule 47.7 |
Part 48: Charging Orders |
Scope of this Part and definitions | Rule 48.l |
How to apply for charging order | Rule 48.2 |
Evidence in support of application for charging order | Rule 48.3 |
Single charging order for more than one judgment debt | Rule 48.4 |
Procedure for making provisional charging order | Rule 48.5 |
Interested persons | Rule 48.6 |
Service of provisional charging order and of copies | Rule 48.7 |
Making of final charging order | Rule 48.8 |
Effect of provisional or final charging order | Rule 48.9 |
Discharge or variation of final charging order | Rule 48.10 |
Enforcement of charging order by sale | Rule 48.11 |
Part 49: Stop Notices and Stop Orders |
Scope of this Part | Rule 49.1 |
Right to apply for stop notice | Rule 49.2 |
Procedure for obtaining stop notice | Rule 49.3 |
Service | Rule 49.4 |
Amendment of stop notice | Rule 49.5 |
Withdrawal or discharge of stop notice | Rule 49.6 |
Stop orders | Rule 49.7 |
Procedure on application for stop order | Rule 49.8 |
Power to vary or discharge stop order | Rule 49.9 |
Part 50: Attachment of Debts |
Scope of this Part | Rule 50.1 |
Circumstances in which court may make order for attachment of debts | Rule 50.2 |
Procedure – making of provisional order | Rule 50.3 |
Money in bank accounts, etc. | Rule 50.4 |
Joint funds | Rule 50.5 |
Presumption of equal shares in joint funds | Rule 50.6 |
Attachment of debts owed by firm | Rule 50.7 |
Service of provisional order | Rule 50.8 |
Effect of provisional order | Rule 50.9 |
Obligations of third parties served with provisional order | Rule 50.10 |
Hearing to consider making final order | Rule 50.11 |
Claim to debt by person other than judgment debtor | Rule 50.12 |
Enforcement against garnishee | Rule 50.13 |
Discharge of garnishee's debt to judgment debtor | Rule 50.14 |
Costs of attachment of debts proceedings | Rule 50.15 |
Money in court | Rule 50.16 |
Part 51: Appointment of Receiver |
Scope of this Part | Rule 51.1 |
Application for appointment of receiver and injunction | Rule 51.2 |
Conditions for appointment of receiver | Rule 51.3 |
Giving of security by receiver | Rule 51.4 |
Remuneration of receiver | Rule 51.5 |
Receiver's powers | Rule 51.6 |
Accounts of receiver | Rule 51.7 |
Payment of balance into court | Rule 51.8 |
Default by receiver | Rule 51.9 |
Part 52: Judgment Summonses |
Scope of this Part | Rule 52.1 |
Hearing to be in open court | Rule 52.2 |
Issue of judgment summons | Rule 52.3 |
Service of judgment summons | Rule 52.4 |
Hearing of judgment summons | Rule 52.5 |
Failure to comply with instalment order | Rule 52.6 |
Restored hearing of judgment summons | Rule 52.7 |
Part 53: Committal and Confiscation of Assets |
Scope of this Part | Rule 53.1 |
Order specifying time for act to be done | Rule 53.2 |
When committal order or sequestration order may be made | Rule 53.3 |
Committal order or sequestration order against officer of body corporate | Rule 53.4 |
Making committal order or sequestration order when judgment or order not served | Rule 53.5 |
Undertakings | Rule 53.6 |
Application for committal order or sequestration order | Rule 53.7 |
Service of notice of hearing | Rule 53.8 |
Powers of the court | Rule 53.9 |
Restoration of adjourned hearing | Rule 53.10 |
Application for enforcement of suspended committal order or order for sequestration | Rule 53.11 |
Special provisions relating to order for sequestration | Rule 53.12 |
Part 54: Interpleader |
Scope of this Part | Rule 54.1 |
Claim to goods taken in execution | Rule 54.2 |
How to interplead | Rule 54.3 |
Service of interpleader application | Rule 54.4 |
Powers of the court | Rule 54.5 |
Power to order sale of goods taken in execution | Rule 54.6 |
Part 55: Sale of Land by Order of Court |
Scope of this Part | Rule 55.1 |
Application for order for sale | Rule 55.2 |
Hearing of application | Rule 55.3 |
Order for sale | Rule 55.4 |
Directions | Rule 55.5 |
Further directions | Rule 55.6 |
Part 56: Administrative Law |
Scope of this Part | Rule 56.1 |
Who may apply for judicial review | Rule 56.2 |
How to make application for administrative order | Rule 56.3 |
Delay | Rule 56.4 |
Proceedings by way of claim which should be application for administrative order | Rule 56.5 |
Joinder of claims for other relief | Rule 56.6 |
Service of claim form for administrative order | Rule 56.7 |
Evidence in answer | Rule 56.8 |
First hearing | Rule 56.9 |
Applications | Rule 56.10 |
Hearing of application for administrative order | Rule 56.11 |
Special provisions relating to orders for judicial review | Rule 56.12 |
Part 57: Habeas Corpus |
Scope of this Part | Rule 57.1 |
Application for issue of writ of Habeas Corpus | Rule 57.2 |
Power of court | Rule 57.3 |
Service of writ | Rule 57.4 |
Return to writ | Rule 57.5 |
Powers of court on hearing writ | Rule 57.6 |
Bringing up prisoner to give evidence, etc. | Rule 57.7 |
Part 58: Defamation Claims |
Scope of this Part | Rule 58.1 |
Claimant's statement of claim | Rule 58.2 |
Defendant's statement of case | Rule 58.3 |
Ruling on meaning | Rule 58.4 |
Payments into court and offers | Rule 58.5 |
Statement in open court | Rule 58.6 |
Requests for information | Rule 58.7 |
Evidence to mitigate damages | Rule 58.8 |
Part 59: Proceedings by and against the Crown |
Scope of this Part | Rule 59.1 |
Service of claim form | Rule 59.2 |
Claimant's duty to give particulars | Rule 59.3 |
Applications in certain revenue matters | Rule 59.4 |
Proceedings relating to postal packets | Rule 59.5 |
Applications under section 24 (2) or section 25 (2) of the Act | Rule 59.6 |
Part 60: Appeals to the High Court |
Scope of this Part | Rule 60.1 |
How to appeal to the court | Rule 60.2 |
Effect of appeal | Rule 60.3 |
Persons on whom claim form must be served | Rule 60.4 |
Time within which claim form must be served | Rule 60.5 |
Amendment of claim form | Rule 60.6 |
First hearing | Rule 60.7 |
Hearing of appeal | Rule 60.8 |
Right of minister to be heard | Rule 60.9 |
Part 61: Appeals to the Court by way of Case Stated |
Scope of this Part | Rule 61.1 |
Application for order to state a case | Rule 61.2 |
Persons on whom application must be served | Rule 61.3 |
Time within which application must be served | Rule 61.4 |
Signing and service of case | Rule 61.5 |
How to commence proceedings in the High Court to determine a case | Rule 61.6 |
How to commence proceedings in the Court of Appeal to determine a case | Rule 61.7 |
Determination of Case | Rule 61.8 |
Time within which case must be stated | Rule 61.9 |
Part 62: Appeals to the Court of Appeal |
Scope of this Part | Rule 62.1 |
How to obtain leave to appeal | Rule 62.2 |
How to appeal | Rule 62.3 |
Method of filing documents in an appeal | Rule 62.4 |
Contents of notice of appeal | Rule 62.5 |
Time for filing notice of appeal | Rule 62.6 |
Summary appeal | Rule 62.7 |
Expedited appeal | Rule 62.8 |
Service of notice of appeal | Rule 62.9 |
Counter notice | Rule 62.10 |
Respondent's notice | Rule 62.11 |
Action to be taken on receipt of notice of appeal | Rule 62.12 |
Interlocutory appeal | Rule 62.13 |
Skeleton arguments | Rule 62.14 |
The record – appeals from High Court | Rule 62.15 |
The record – appeals from magistrates' courts | Rule 62.16 |
Case management | Rule 62.17 |
Interlocutory applications to court | Rule 62.18 |
Powers of single judge of the court, master and Chief Registrar to make certain orders | Rule 62.19 |
Variation, discharge or revocation of an order, direction or decision of a single judge | Rule 62.20 |
Security for costs of appeal | Rule 62.21 |
Non-disclosure of payment into court, etc. | Rule 62.22 |
Stay of execution | Rule 62.23 |
General powers of the court | Rule 62.24 |
Failure of party to attend appeal | Rule 62.25 |
Application to set aside a decision made in party's absence | Rule 62.26 |
Adjournment of appeal | Rule 62.27 |
Certificate of result of appeal or application | Rule 62.28 |
Withdrawal or discontinuance | Rule 62.29 |
Liability for costs on withdrawal or discontinuance | Rule 62.30 |
Part 63: Change of Legal Practitioner |
Scope of this Part | Rule 63.1 |
Change of legal practitioner | Rule 63.2 |
Notice of appointment of legal practitioner | Rule 63.3 |
Party acting in person | Rule 63.4 |
Application by another party to remove legal practitioner from record | Rule 63.5 |
Application by legal practitioner to be removed from record | Rule 63.6 |
Time when notice or order takes effect | Rule 63.7 |
Part 64: Costs – General |
Scope of this Part | Rule 64.1 |
Definitions and application | Rule 64.2 |
Orders about costs | Rule 64.3 |
Costs where there is an appeal | Rule 64.4 |
Entitlement to recover costs | Rule 64.5 |
Successful party generally entitled to costs | Rule 64.6 |
Two or more parties having same interest | Rule 64.7 |
Wasted costs orders | Rule 64.8 |
Court's powers in relation to wasted costs orders | Rule 64.9 |
Costs against person who is not a party | Rule 64.10 |
Part 65: Costs – Quantification |
Scope of this Part | Rule 65.1 |
Basis of quantification | Rule 65.2 |
Ways in which costs are to be quantified | Rule 65.3 |
Fixed costs | Rule 65.4 |
Prescribed costs | Rule 65.5 |
Applications to determine value of claim for purpose of prescribed costs | Rule 65.6 |
What is included in prescribed costs | Rule 65.7 |
Budgeted costs | Rule 65.8 |
Client's consent to application for budgeted costs | Rule 65.9 |
What is included in costs budget | Rule 65.10 |
Assessed costs – procedural applications | Rule 65.11 |
Assessed costs – general | Rule 65.12 |
Commencement of detailed assessment proceedings | Rule 65.13 |
Points of dispute | Rule 65.14 |
Assessment of costs | Rule 65.15 |
Administrative fees | Rule 65.16 |
Determination of assessment | Rule 65.17 |
Appeals from assessment | Rule 65.18 |
Procedure where costs are agreed | Rule 65.19 |
Costs of Proceedings in Court of Appeal | Rule 65.20 |
Costs capping orders – General | Rule 65.21 |
Application for a costs capping order | Rule 65.22 |
Application to vary a costs capping order | Rule 65.23 |
Appendix A – Fixed Costs |
Appendix B – Prescribed Costs |
Appendix C – Prescribed Costs: Percentage to be allowed at various stages of claim |
Part 66: Mortgage Claims |
Scope of this Part | Rule 66.1 |
Mortgage claim to be by fixed date claim | Rule 66.2 |
Evidence at first hearing | Rule 66.3 |
Claim for possession or payment of mortgage debt | Rule 66.4 |
Part 67: Administration Claims |
Scope of this Part | Rule 67.1 |
Parties | Rule 67.2 |
Claims by third parties | Rule 67.3 |
Determination of questions without administration claim | Rule 67.4 |
Judgments and orders in administration claims | Rule 67.5 |
Conduct of sale of trust property | Rule 67.6 |
Part 68: Contentious Probate Proceedings |
Scope of this Part | Rule 68.1 |
How to commence probate proceedings | Rule 68.2 |
Parties to proceedings for revocation of grant | Rule 68.3 |
Lodgment of grant in proceedings for revocation | Rule 68.4 |
Affidavit of testamentary scripts | Rule 68.5 |
Failure to file acknowledgment of service | Rule 68.6 |
Counterclaim | Rule 68.7 |
Contents of statements of case | Rule 68.8 |
Discontinuance and dismissal | Rule 68.9 |
Compromise of claim: trial on affidavit evidence | Rule 68.10 |
Application for order to bring in will, etc. | Rule 68.11 |
Probate counterclaim in other proceedings | Rule 68.12 |
Part 69: Commercial Division Rules (Territory of the Virgin Islands) |
Scope of this Part and interpretation | Rule 69.1 |
Commercial list | Rule 69.2 |
Application of the Civil Procedure Rules | Rule 69.3 |
Proceedings in the commercial list | Rule 69.4 |
Statement of value | Rule 69.5 |
Defence | Rule 69.6 |
Disclosure – ship's papers | Rule 69.7 |
Judgments and orders | Rule 69.8 |
Part 70: Commercial Claims – Procedure |
Scope of this Part | Rule 70.1 |
Allocation to the Commercial List | Rule 70.2 |
Headings of documents | Rule 70.3 |
Disapplications and modifications having general effect in commercial matters | Rule 70.4 |
Ordinary applications in commercial matters | Rule 70.5 |
Originating applications | Rule 70.6 |
Case management conferences | Rule 70.7 |
Pre-trial review | Rule 70.8 |
Trial bundles | Rule 70.9 |
Costs – general | Rule 70.10 |
Costs – ordinary applications | Rule 70.11 |
Costs – trials | Rule 70.12 |
Payment on account of costs | Rule 70.13 |
Conduct of assessment | Rule 70.14 |
Part 71: Commercial Claims (Commercial Division of Saint Lucia) |
Scope of this Part | Rule 71.1 |
Commercial list | Rule 71.2 |
Proceedings in the Commercial Division | Rule 71.3 |
Certificate of value | Rule 71.4 |
Defence | Rule 71.5 |
Judgments and orders | Rule 71.6 |
Headings of documents | Rule 71.7 |
Disapplications and modifications having general effect in commercial claims | Rule 71.8 |
Applications in commercial claims | Rule 71.9 |
Case management conference in commercial claims | Rule 71.10 |
Pre-trial review | Rule 71.11 |
Trial bundles | Rule 71.12 |
Costs – general | Rule 71.13 |
Application for assessment | Rule 71.14 |
Part 72: Admiralty Proceedings |
Scope of this Part | Rule 72.1 |
Claims to be dealt with under this Part | Rule 72.2 |
Admiralty claims in rem | Rule 72.3 |
How to make Admiralty claim | Rule 72.4 |
Service of claim form in rem | Rule 72.5 |
Service on ships, etc. – how effected | Rule 72.6 |
Service of claim form out of jurisdiction | Rule 72.7 |
Acknowledgment of service | Rule 72.8 |
Warrant of arrest | Rule 72.9 |
Caveat against arrest | Rule 72.10 |
Committal of legal practitioner for failing to comply with undertaking | Rule 72.11 |
Execution etc. of warrant of arrest | Rule 72.12 |
Directions with respect to property under arrest | Rule 72.13 |
Release of property under arrest | Rule 72.14 |
Caveat against release etc. | Rule 72.15 |
Duration of caveats | Rule 72.16 |
Bail | Rule 72.17 |
Intervenors | Rule 72.18 |
Preliminary acts | Rule 72.19 |
Failure to file preliminary act: proceedings against party in default | Rule 72.20 |
Special provisions as to statements of case in collision etc. proceedings | Rule 72.21 |
Judgment by default | Rule 72.22 |
Order for sale of ship: determination of priority of claims | Rule 72.23 |
Appraisement and sale of property | Rule 72.24 |
Undertakings as to expenses etc. | Rule 72.25 |
Payment into and out of court | Rule 72.26 |
Case management conferences | Rule 72.27 |
Trial | Rule 72.28 |
Stay of proceedings in collision, etc. proceedings until security given | Rule 72.29 |
Inspection of ship etc. | Rule 72.30 |
Examination of witnesses and other persons: evidence by affidavit | Rule 72.31 |
Proceedings for apportionment of salvage | Rule 72.32 |
Applications in proceedings in rem | Rule 72.33 |
Limitation proceedings: parties | Rule 72.34 |
Limitation proceedings: payments into court | Rule 72.35 |
Application for decree or directions in limitation proceedings | Rule 72.36 |
Limitation proceedings: proceedings under decree | Rule 72.37 |
Limitation proceedings: proceedings to set aside decree | Rule 72.38 |
Part 73: Obtaining Evidence for Foreign Courts |
Scope of this Part | Rule 73.1 |
Application for order | Rule 73.2 |
Application by Attorney General in certain cases | Rule 73.3 |
Person to take and manner of taking examination | Rule 73.4 |
Dealing with depositions | Rule 73.5 |
Claim to privilege | Rule 73.6 |
Part 74: Reciprocal Enforcement of Judgments |
Scope of this Part | Rule 74.1 |
Application for registration | Rule 74.2 |
Security for costs | Rule 74.3 |
Order for registration | Rule 74.4 |
Register of judgments | Rule 74.5 |
Notice of registration | Rule 74.6 |
Application to set aside registration | Rule 74.7 |
Issue of execution | Rule 74.8 |
Certified copy of High Court judgment for enforcement in another country | Rule 74.9 |
Part 75: Transitional Provisions |
Scope of this Part | Rule 75.1 |
New proceedings | Rule 75.2 |
Old proceedings | Rule 75.3 |
Exercise of discretion | Rule 75.4 |
Appendix |
Prescribed Forms |
Form 1 | Claim Form |
Form 1A | Notes for Defendant |
Form 2 | Fixed Date Claim Form |
Form 3 | Application to Pay by Instalments |
Form 4 | Acknowledgment of Service of Claim Form |
Form 4A | Acknowledgment of Service of Fixed Date Claim Form |
Form 5 | Defence and Counterclaim |
Form 6 | Application |
Form 7 | Request for Default Judgment |
Form 8 | Request for Entry of Judgment on Admissions |
Form 9 | Ancillary Claim Form |
Form 10 | Listing Questionnaire |
Form 11 | List of Documents |
Form 12 | Witness Summons |
Form 12A | Judicial Settlement Conference Directions |
Form 12B | Report on Outcome of Judicial Settlement Conference |
Form 12C | Agreement Following Judicial Settlement Conference |
Form 13 | Notice to Non-Party Served With Order |
Form 14 | Order for Oral Examination |
Form 15 | Notice of Adjourned Examination |
Form 16 | Financial Position Notice |
Form 17 | Writ of Execution Against Goods (Fieri Facias) |
Form 18 | Writ of Possession |
Form 19 | Writ of Delivery or Value |
Form 20 | Writ of Specific Delivery |
Form 20A | Stop Notice |
Form 21 | Judgment Summons |
Form 22 | Writ of Habeas Corpus |
Form 23 | Notice of Appeal |
Form 23A | Respondent's Notice |
Form 24 | Certificate of Result of Appeal [or Application] |
Form 24A | Notice of Commencement of Detailed Assessment |
Form 24B | Request for Default Costs Certificate |
Form 24C | Default Costs Certificate |
Form 24D | Costs Assessment Certificate |
Form 25 | Admiralty Claim In Rem |
Form 26 | Admiralty Limitation Claim |
Form 27 | Warrant of Arrest (Admiralty) |
Form 28 | Request for Claim to be recorded as satisfied |
Form 29 | Request for Order for Oral Examination of an individual |
Form 30 | Request for Order for Oral Examination of an officer of a debtor company |
Form 31 | Hearing on Assessment of Damages |
Form 32 | Form of Judgment for amount to be decided by the Court |