Australian Capital Territory Numbered Regulations

SUPREME COURT RULES (AMENDMENT) (NO. 8 OF 1997) - SCHEDULE 1

    SCHEDULE 1     Rule 9
    NEW FORMS 1-5

    FORM 1     O. 1 r. 5
    GENERAL HEADING STYLE    

FORM [ Number of particular form ]

AUSTRALIAN CAPITAL TERRITORY

[ Title of particular form ]

In the Supreme Court

    of the Australian Capital Territory

No. of [ year ]     [ name ]

        Plaintiff

        [ name(s) ]

        Defendant(s)*

*     Strike out where inapplicable.

    FORM 2     O. 2 r. 4
    ORIGINATING APPLICATION
    [ Heading as in Form 1 ]

Application is hereby made to the Court for the plaintiff, against the defendant (if any), and in the action, set out below.

Plaintiff ¹

If the plaintiff is a natural person—

Full name:

Occupation:

Residential*/Business* address:

If the plaintiff is a body corporate — ²

Name:

Australian Company Number*/Australian Registered Body Number*:

Type of body:

Address:

Representative capacity in which plaintiff sues:*    

If the plaintiff is represented by a solicitor—

Solicitor's full name:

Solicitor's full business address:

Solicitor's telephone no.:

Name, address & telephone no. of agent solicitor:*

Service of documents — ³

Address for service:

Australian Document Exchange Box No.:*

Facsimile machine no.:*

Defendant (insofar as known) *

If the defendant is a natural person—

Full name:

If the defendant's name is unknown to plaintiff—

        Defendant's sex:

    Occupation:

    Residential*/Business* address:

If the defendant is a body corporate — ⁴

Name:

Australian Company Number*/Australian Registered Body Number*:

Type of body:

Address:

Representative capacity in which defendant is sued:*

Action    

Nature of action: ⁵

Relief claimed: ⁶

Interlocutory relief claimed:*

Summary judgment [is* / is not*] to be applied for.

Statement of claim: [Attached* / Not attached*]. ⁷

Other attachments—*

Debt or liquidated demand:*

    A Form 3 statement is attached. ⁸

Motor vehicle personal injury claim:*

    A Form 4 statement is attached. ⁹

Employment personal injury claim:*

    A Form 5 statement is attached. ¹⁰

No defendant to action:*

    An affidavit of evidence is attached.

Appearance *

Time within which defendant is required to appear: ¹¹

Notice to defendant

If you do not enter an appearance in the Registrar's office within the time specified here—

•     proceedings in this action may be heard in your absence; and

•     you may become liable to suffer judgment or an order against you.

Date:

Signature of plaintiff*/plaintiff's solicitor*:

*     Strike out where inapplicable.

NOTES

¹     In the case of a relator action, include particulars of relator here.

²     See Order 2, rule 5.

³     See Order 2, rule 6.

⁴     See Order 2, rule 5.

⁵     See Order 2, rule 8.

⁶     See Order 2, rule 9.

⁷     See Order 2, rule 10.

⁸     See Order 2, rule 11 and Form 3.

⁹     See Order 2, rule 12 and Form 4. If the claim involves a motor vehicle accident in the course of employment, it is necessary to complete both Form 4 and Form 5.

¹⁰     See Order 2, rule 13 and Form 5. If the claim involves a motor vehicle accident in the course of employment, it is necessary to complete both Form 4 and Form 5.

¹¹     See Order 2, rule 7.

    FORM 3     O. 2 r. 11

CLAIM FOR DEBT OR LIQUIDATED DEMAND
STATEMENT TO ACCOMPANY ORIGINATING APPLICATION

[ Heading as in Form 1 ]

In an originating application dated [ date ], the plaintiff claims for debt*/makes a liquidated demand* as follows:

•     The amount claimed is $ .

•     If interest is claimed —details of interest claimed are as follows: ¹

•     Taxed costs [are* / are not*] claimed.

•     If taxed costs are not claimed —
the amount claimed for costs and disbursements is $ .*

Notice to defendant

Proceedings on this claim will be stayed (under Order 3 of the Rules) if you pay—

•     the amount claimed; and

•     any amount allowed for interest and costs.

Date:

Signature of plaintiff*/plaintiff's solicitor*:

*     Strike out where inapplicable.

NOTES

¹     See Order 2, paragraph 11 (1) (b).

    FORM 4     O. 2 r. 12

MOTOR VEHICLE PERSONAL INJURY CLAIM
STATEMENT TO ACCOMPANY ORIGINATING APPLICATION

[ Heading as in Form 1 ]

In an originating application dated [ date ], the plaintiff claims damages for death or bodily injury in relation to the use of a motor vehicle.

Details of that claim are as follows:

•     Time, date, place and circumstances of the use of the motor vehicle (including, where     possible, registration details of all vehicles involved):

•     Precise particulars of the defendant's negligence:

•     Injuries and disabilities suffered by the plaintiff: ¹

•     Plaintiff's health professionals: ²

•     Nature of claims for past or future economic loss:*

    If a claim is made for economic loss —the name and address of each employer of the plaintiff during a reasonable period before and since the use of the motor vehicle:*

Date:

Signature of plaintiff*/plaintiff's solicitor*:

*     Strike out where inapplicable.

NOTES

¹     See Order 2, paragraph 12 (c).

²     See Order 2, paragraph 12 (d).

    FORM 5     O. 2 r. 13

EMPLOYMENT PERSONAL INJURY CLAIM
STATEMENT TO ACCOMPANY ORIGINATING APPLICATION

[ Heading as in Form 1 ]

In an originating application dated [ date ], the plaintiff claims damages for death or bodily injury in relation to an employer's negligence.

Details of that claim are as follows:

•     Time, date, place, circumstances and acts or omissions constituting negligence:

•     If the claim is based on the defendant's vicarious liability —*    

    •     particulars of any person for whose negligence the defendant is vicariously liable:

    •     particulars of the claim for vicarious liability:

•     If the action is based on a breach of statutory duty —*

    •     particulars of the statutory provision:

    •     acts or omissions constituting the breach:

•     Injuries and disabilities suffered by the plaintiff: ¹

•     Plaintiff's health professionals: ²

•     Nature of claims for past or future economic loss:*

    If a claim is made for economic loss —the name and address of each employer of the plaintiff during a reasonable period before and since the acts constituting the negligence:*

Date:

Signature of plaintiff*/plaintiff's solicitor*:

*     Strike out where inapplicable.

NOTES

¹     See Order 2, paragraph 13 (d).

²     See Order 2, paragraph 13 (e).

    SCHEDULE 2     Rule 10

    NEW FORM 9

    FORM 9     O. 13 r. 2

MEMORANDUM OF APPEARANCE

[ Heading as in Form 1 ]

1.     The defendant ¹ set out below appears in this action.

2.     Particulars of the defendant, the defendant's solicitor* and the defendant's address for service are as set out below.

3.     In an action for the recovery of land, note the particulars set out below. ² *

4.     The defendant does* / does not* submit to the orders of the Court, except as to costs. ³

Particulars of defendant

Full name:

If the particulars of the defendant set out in the originating application are incorrect —

The correct particulars are as follows:

If the defendant is represented by a solicitor—

Solicitor's full name:

Solicitor's full business address:

Solicitor's telephone no.:

Name, address & telephone no. of agent solicitor:*

Service of documents—

    Address for service: ⁴

    Australian Document Exchange Box No.:*

    Facsimile machine no.:*

Particulars in an action for the recovery of land *    

The defendant appears in the capacity of landlord of the property:*

The defence is limited to the following part of the property: ⁵ *

Date:

Signature of defendant*/defendant's solicitor*:

*     Strike out where inapplicable.

NOTES

¹     A single memorandum of appearance may be filed for a number of defendants appearing by the same solicitor—see Order 13, rule 9.

²     In an action for the recovery of land, “defendant” includes a person given leave to appear under Order 13, rule 12.

³     See Order 13, subrules 2 (2)-(5).

⁴     See Order 13, rule 4.

⁵     See Order 13, rule 15.