HIGH COURT RULES 2004 - SCHEDULE 1 Forms

Form 3 Order

(rule 8.01.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff/Appellant

and

Defendant/Respondent

ORDER

JUSTICE(S)

DATE GIVEN

INITIATING PROCESS [ State whether by application or appeal. ]

APPEARANCE [ Set out names of persons who appeared; state whether counsel or solicitor and whom they represented; state the non‑appearance of any person entitled to appear who did not. ]

THE COURT ORDERS THAT:

DATE AUTHENTICATED

..............................

Form 7 Notice of appearance

Form 4 Consent

(rule 8.04.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff/Appellant

and

Defendant/Respondent

CONSENT

We consent to the making of the following order in this proceeding:

[ State order sought ]

Dated: [ e.g., 6 October 2003 ]

..................(signed).............

( Plaintiff/Appellant or

solicitor for Plaintiff/Appellant )

..................(signed)..............

( Defendant/Respondent or

solicitor for Defendant/Respondent )

Form 5 Arrest warrant

(rule 11.03.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

ARREST WARRANT

TO THE MARSHAL

Arrest [ name ] and bring that person before the Court [or a Justice] forthwith to answer a charge of contempt. If it is not practicable to bring [ name ] before the Court forthwith detain him/her in custody and, when it is practicable to bring him/her before the Court, do so forthwith.

Dated: [ e.g., 6 October 2003 ]

..............................

Justice

Form 6 Committal warrant

(rule 11.03.3)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

COMMITTAL WARRANT

TO THE MARSHAL

TAKE [ name ] to the prison at ............................ and deliver him/her to the Governor of that prison.

ARREST [ name ] and take him/her to the prison at ................................ and deliver him/her to the Governor of that prison.

..............................

Justice

TO THE GOVERNOR of the prison at ..................................

RECEIVE [ name ] into your custody and keep him/her until the further order of the Court.

[ name's ] committal is for contempt of Court in that [ state nature of contempt ].

Dated: [ e.g., 6 October 2003 ]

..............................

Justice

(rules 23.01.3, 31.01.1, 41.04.2 and 42.06.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff/Applicant/Appellant

and

Defendant/Respondent

NOTICE OF APPEARANCE

The defendant/respondent [CD] appears.

The address for service of [CD] is ..............................

Dated: [ e.g., 6 October 2003 ]

..................(signed)..................

( Defendant/Respondent or

solicitor for Defendant/Respondent )

Form 8 Submitting appearance

(rules 23.02, 41.04.3 and 42.06.3)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff/Applicant/Appellant

and

Defendant/Respondent

SUBMITTING APPEARANCE

The defendant/respondent [CD] submits to any order the Court may make in this matter save as to costs.

The address for service of [CD] is ..............................

Dated: [ e.g., 6 October 2003 ]

.................(signed)...................

( Defendant/Respondent or

solicitor for Defendant/Respondent )

Form 9 Conditional appearance

(rule 23.03.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

CONDITIONAL APPEARANCE

The defendant [CD] enters a conditional appearance in this matter.

The address for service of [CD] is ..............................

Dated: [ e.g., 6 October 2003 ]

......................(signed)...................

( Defendant or solicitor for Defendant )

Form 10 Subpoena to give evidence

(rule 24.02.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

SUBPOENA

of [ address ]

YOU ARE SUMMONED to attend and produce this subpoena before the Court [or a Justice] at [ address of Court ] on [ date ] at [ time ] [ am or pm ] or, if notice of a later day is given to you by the party by whom this subpoena is filed, or by the solicitor for that party, on that later day, and until you are excused from further attending.

Dated: [ e.g., 6 October 2003 ]

..............................

Form 11 Subpoena to give evidence and produce documents

This subpoena was filed by ........................ on behalf of [ party by whom subpoena filed ].

(rule 24.02.3)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

SUBPOENA

of [ address ]

YOU ARE SUMMONED to attend and produce this subpoena and the other documents and things specified in the Schedule before the Court [or a Justice] at [ address of Court ] on [ date ] at [ time ] [ am or pm ] or, if notice of a later day is given to you by the party by whom this subpoena is filed, or by the solicitor for that party, on that later day, and until you are excused from further attending.

Schedule

[ description of documents and things to be produced ]

Filed: [ e.g., 6 October 2003 ]

..............................

Form 13 Writ of certiorari

This subpoena was filed by ........................ on behalf of [ party by whom subpoena filed ].

Form 12 Application for an order to show cause

(rule 25.01)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

To [ Defendant ]

of [ Address ]

TAKE NOTICE that this application has been made by the applicant for the relief that is set out below on the grounds that are set out below.

IF YOU INTEND TO DEFEND the proceeding you must file a notice of appearance in the office of the Registry named above.

IF YOU ARE WILLING TO SUBMIT to any order that the Court may make, save as to costs, you may file a submitting appearance in the office of the Registry named above.

THE TIME FOR FILING AN APPEARANCE is as follows:

(a) where you are served with the application within Australia -- 14 days from the date of service;

(b) in any other case -- 42 days from the date of service.

THE RELIEF CLAIMED is

1. [ state precisely the relief claimed ]

THE GROUNDS ON WHICH THE RELIEF IS CLAIMED are

1. [ state precisely the grounds relied on ]

This application shall be heard at the time and place stated

Either [ if a summons is to be served with the application ] in the summons served with this application

Or [ if no summons is to be served with the application ] in a summons to be served at a later time.

This application was filed by the plaintiff [or by ............................ on behalf of the plaintiff].

Dated: [ e.g., 6 October 2003 ]

................(signed)...............

( Plaintiff or Plaintiff's solicitor )

The plaintiff's address is .........................

The plaintiff's address for service is .........................

(rule 25.06.3)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

WRIT OF CERTIORARI

To [ Name ]

of [ Address ]

THIS WRIT REQUIRES you on or before [ date ] to send to the High Court of Australia [ ] Registry at [ address ] [ state the record or decision to be quashed ] together with this Writ for that Court to deal with as it sees fit.

Dated: [ e.g., 6 October 2003 ]

..............................

Form 14 Writ of mandamus

(rule 25.08.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

WRIT OF MANDAMUS

To [ Name ]

of [ Address ]

THIS WRIT COMMANDS you to [ set out act to be done ] or show cause why it has not been done.

YOU ARE REQUIRED TO make a return to this Writ by filing a notice on or before [ date ] stating whether you have done what you are commanded to do by this Writ or stating why it has not been done.

TAKE NOTICE that disobeying this Writ is a contempt of Court which may be punished by imprisonment, fine or both.

Dated: [ e.g., 6 October 2003 ]

...........................

Form 15 Writ of habeas corpus

(rule 25.09.3)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

WRIT OF HABEAS CORPUS

To [ Name ]

of [ Address ]

HAVE the plaintiff [ or name of person restrained ] before Justice ........ at [ address of Court ] at [ time ] [ am or pm ] on [ date ] and thereafter to submit to the further order of the Court or a Justice as to the custody of that person ( the detainee ).

YOU ARE REQUIRED to make a return to this Writ by filing a notice stating the ground or grounds of detention of the detainee and serving a copy on the plaintiff on or before the time referred to above.

TAKE NOTICE that disobeying this Writ is a contempt of Court which may be punished by imprisonment, fine or both.

Dated: [ e.g., 6 October 2003 ]

...............................

Form 16 Writ of prohibition

(rule 25.20)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

WRIT OF PROHIBITION

To [ Name ]

of [ Address ]

THIS WRIT PROHIBITS YOU from further proceeding [ state what is prohibited ].

Dated: [ e.g., 6 October 2003 ]

..............................

Form 17 Application for removal

(rule 26.01)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

and

APPLICATION FOR REMOVAL

To [ Respondent ]

of [ Address ]

TAKE NOTICE that this application has been made by the applicant for an order pursuant to Section 40 of the Judiciary Act 1903 removing [the whole or part] of the cause now pending in the [Court in which cause pending] which is proceeding number [number of proceeding in Court in which cause pending] between [name all parties to cause pending].

IF YOU INTEND TO DEFEND this application you must file a notice of appearance in the office of the Registry named above.

IF YOU ARE WILLING TO SUBMIT to any order that the Court may make, save as to costs, you may file a submitting appearance in the office of the Registry named above.

THE TIME FOR FILING AN APPEARANCE is as follows:

(a) where you are served with the application within Australia -- 14 days from the date of service;

(b) in any other case -- 42 days from the date of service.

THE ORDER SOUGHT is

1. [ state precisely the order sought ]

THE GROUNDS ON WHICH THE ORDER IS SOUGHT are

1. [ state precisely the grounds relied on ]

This application was filed by the applicant [or by .............................. on behalf of the applicant].

Dated: [ e.g., 6 October 2003 ]

...................(signed).................

( Applicant or Applicant's solicitor )

The applicant's address is .........................

The applicant's address for service is .........................

Form 18 Applicant's summary of argument

(rules 26.03.2, 41.05.2 and 41.10.3)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

and

APPLICANT'S SUMMARY OF ARGUMENT

Part I: [ A concise statement, in the case of an application for an order for removal, of the constitutional question, and in the case of an application for leave or special leave to appeal, of the leave or special leave questions, said to arise. ]

Part II: [ A brief statement of the factual background to the application. ]

Part III: [ A brief statement of the applicant's argument. ]

Part IV: [ Reasons why an order for removal should be made or leave or special leave should be granted. ]

Part V: [ Any reasons why an order for costs should not be made in favour of the respondent in the event that the application is refused. ]

Part VI: [ A table of the authorities, legislation or other material on which the applicant relies, identifying the pages at which the relevant passages appear. ]

Part VII: [ Indicate whether the applicant seeks to supplement this summary with oral argument. ]

Dated: [ e.g., 6 October 2003 ]

...................(signed).................

( Applicant or Applicant's counsel )

Form 19 Respondent's summary of argument

(rules 26.04.2 and 41.06.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

and

RESPONDENT'S SUMMARY OF ARGUMENT

Part I: [ Reasons why an order for removal should/should not be made, or leave or special leave should/should not be granted. ]

Part II: [ A brief statement of the factual issues in contention. ]

Part III: [ A brief statement of the respondent's argument. ]

Part IV: [ Any special order for costs sought by the respondent. ]

Part V: [ A table of the authorities, legislation or other material on which the respondent relies, identifying the pages at which the relevant passages appear. ]

Part VI: [ Indicate whether the respondent seeks to supplement this summary with oral argument. ]

Dated: [ e.g., 6 October 2003 ]

.......................(signed)...................

( Respondent or Respondent's counsel )

Form 20 Writ of summons

(rule 27.01 (a))

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

WRIT OF SUMMONS

TO THE DEFENDANT

[ state name ]

[ state address ]

TAKE NOTICE that this proceeding has been brought against you by the plaintiff for the claim set out in this writ.

IF YOU INTEND TO DEFEND the proceeding you must file a notice of appearance in the office of the Registry named above.

IF YOU ARE WILLING TO SUBMIT to any order that the Court may make, save as to costs, you may file a submitting appearance in the office of the Registry named above.

THE TIME FOR FILING AN APPEARANCE is as follows:

(a) where you are served with the application within Australia -- 14 days from the date of service;

(b) in any other case -- 42 days from the date of service.

Either The nature of the claim made and the relief which the plaintiff seeks are as follows:

[ state nature of claim and relief ]

Or STATEMENT OF CLAIM

[ set out Statement of Claim ]

This writ was filed by the plaintiff [or by ............................ on behalf of the plaintiff].

Dated: [ e.g., 6 October 2003 ]

................(signed)...............

( Plaintiff or Plaintiff's solicitor )

The plaintiff's address is .........................

The plaintiff's address for service is .........................

Form 21 Summons

(rules 28.02.1 and 57.05.2)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Plaintiff

and

Defendant

SUMMONS

To [ identify party ]

[ state address ]

YOU ARE SUMMONED to attend before a Justice at [ address of Court ] on [ date ] at [ time ] [ am or pm ] on the hearing of an application by [ party making application ] for [ set out the orders sought ].

Filed: [ e.g., 6 October 2003 ]

..............................

Form 22 Election petition

This summons was filed by ........................ of .............................

Solicitor for [ identify party ]

(rule 30.01)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Petitioner

and

ELECTION PETITION

This petition concerns the election for [ details of election or return challenged ] held on [ date on which the election was held ].

RETURN OF WRIT

The writ for the election was returned on [ date ].

ENTITLEMENT TO FILE THIS PETITION

The petitioner is entitled to file this petition because [ set out bases of entitlement ].

STATEMENT OF FACTS

[ Set out the facts relied on to invalidate the election or return, setting out those facts with sufficient particularity to identify the specific matter or matters on which the petitioner relies as justifying the grant of relief .]

RELIEF

The petitioner asks the Court to make the following orders:

[ details of orders and relief sought ]

DATED:

...................................

(Signed by the Petitioner)

IN THE PRESENCE OF:

..................................... ....................................

Signed by Witness Signed by Witness

..................................... ....................................

Name of Witness Name of Witness

.................................... ....................................

Occupation of Witness Occupation of Witness

.................................... ....................................

Address of Witness Address of Witness

TO: THE RESPONDENT

[ state address ]

The Petitioner's address for service is [ state address for service ]:

Form 23 Application for leave or special leave to appeal

(rule 41.01.1)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

and

APPLICATION FOR [LEAVE OR] SPECIAL LEAVE TO APPEAL

1. The applicant applies for [leave or] special leave to appeal from [ state part or whole ] of the judgment of [ state Court, Justice or Judge below ] given on [ state date ].

Grounds

2. [ State briefly the grounds on which the judgment below is said to be wrong .]

Order(s) sought

3. [ State the judgment which will be sought if special leave is granted and the appeal is successful, including any special order as to costs .]

Dated:

..................(signed)..................

( Applicant or Applicant's solicitor )

To: The Respondent [ address ]

TAKE NOTICE: Before taking any step in the proceedings you must, within 14 DAYS after service of this application, enter an appearance in the office of the Registry in which the application is filed, and serve a copy on the applicant.

THE APPLICANT'S SOLICITOR IS:

[ name of firm and address for service, telephone and facsimile numbers ]

THE APPLICANT'S ADDRESS FOR SERVICE IS:

[ if the applicant is unrepresented -- address for service, telephone and facsimile numbers ]

Form 24 Notice of appeal

(rules 41.05.3, 41.10.2 and 42.02.1)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Appellant

and

Form 25 Notice of discontinuance

NOTICE OF APPEAL

1. The appellant appeals [pursuant to special leave to appeal granted on [ date ]] from [ state whether whole or part and which part ] of the judgment of [ state Court or Judge below ] given on [ date ].

Grounds

2. [ State briefly the grounds of appeal ]

Order(s) sought

3. [ State the judgment sought in lieu of that appealed from including any special order as to costs ]

Dated: [ e.g., 6 October 2003 ]

... .....................(signed)................

( Appellant or Appellant's solicitor )

TO: The Registrar

[ Court appealed from ]

AND TO: The respondent and the respondent's solicitor [ name ]

[ address ]

THE APPELLANT'S SOLICITOR IS: [ name of firm and address for service ]

(rules 41.12.1 and 42.14.1)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

BETWEEN: AB

Applicant/Appellant

and

Form 26 Notice of cross‑appeal

NOTICE OF DISCONTINUANCE

The [ applicant/appellant ] discontinues this [ application/appeal ].

Dated: [ e.g., 6 October 2003 ]

... ...................(signed)...............

( Applicant/Appellant or

solicitor for Applicant/Appellant )

TO: The Respondent [ address ]

(rule 42.08.2 (a))

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

ON APPEAL FROM THE [Name of Court appealed from]

[or, where applicable, from a Justice]

BETWEEN: AB

Appellant

and

Form 27 Notice of contention

NOTICE OF CROSS‑APPEAL

1. Subject to the grant of special leave, the respondent cross‑appeals from [ state whole or part and which part ] of the judgment of [ state Court or Judge below ] given on [ date ].

Grounds

2. [ State briefly the grounds of the cross‑appeal ]

Order(s) sought

3. [ State the judgment sought in lieu of that appealed from ]

Dated:

.....................(signed).....................

( Respondent or

Respondent's solicitor )

TO: The Appellant

THE RESPONDENT'S SOLICITOR IS: [ name of firm and address for service ]

(rule 42.08.5)

IN THE HIGH COURT OF AUSTRALIA No. of 20--

[ ] REGISTRY

ON APPEAL FROM THE [Name of Court appealed from]

[or, where applicable, from a Justice]

BETWEEN: AB

Appellant

and