Frequently Asked Questions
The following questions and answers provide a general overview only and should not be considered as legal advice.
Select from list of FAQ topics: (updated November 2009)
Duty Registrar (Sydney Registry only)
When is the duty registrar available?
A duty registrar is available as follows:
Personal attendance each weekday between 2.30pm and 4.00pm
Telephone enquiries each weekday between 9.00am and 10.00am
The telephone number for the duty registry is (02) 9377 5831.
Where is the duty registrar’s office?
The duty registrar’s office is located just outside Court 9A on Level 9, John Maddison Tower, 86-90 Goulburn Street, Sydney.
Can I contact the duty registrar by phone?
The duty registrar is available for telephone enquiries between the hours of 9 and 10 am each week day. The telephone number for the duty registrar is (02) 9377 5831.
Links to Fees, Forms and Practice Notes at Top Right of this Page
Statements of Claim
How much do I include in the statement of claim for filing and service fees?
The Civil Procedure Regulation 2005 prescribes the fees for the filing of statement of claim and for service of the statement of claim by the Sheriff. Where the statement of claim is for the recovery of a debt, the Legal Profession Regulation 2005 prescribes the amount recoverable as solicitor's issue costs.
Filing fees Civil Procedure Regulation 2005, Schedule 1, Part 3, Item 1
Solicitor's issue costs Legal Profession Regulation 2005, Schedule 2, Part 2, Item 1
Service fees if served by the Sheriff Civil Procedure Regulation 2005, Schedule 2, Item 1
For a full list of current District Court fees refer to the Civil Procedure Regulation 2005, Schedule 1, Part 3 (District Court fees) and Part 5 (Miscellaneous court fees)
Links to Fees, Forms and Practice Notes at Top Right of this Page
Subpoenas for early production
See generally:
District Court Practice Note Civil 8
Part 33, Uniform Civil Procedure Rules 2005
Subpoena to produce [Form 26]
Subpoena note [Form 28]
Applications to uplift documents or things
To uplift documents or things produced under subpoena, you will need to apply to the registrar (duty registrar for Sydney) for an uplift order. Your application to the registrar will need to be supported by the written consent of each of the active parties in the proceedings and also the written consent of the producer of the documents or things sought to be uplifted. (see rule 33.9 and rule 1.3 of the Uniform Civil Procedure Rules 2005)
How do I obtain a return date for a subpoena for production?
For Sydney matters only - Return dates may be obtained from the Civil Registry at Level 9, John Maddison Tower, 86-88 Goulburn St, Sydney.
For all other courts, contact the registry for specific listing arrangements.
What is a "proposed access order"?
This is the access order that is proposed by the issuing party of the subpoena, for example, plaintiff first access for 7 days or general access. If there is no objection to the proposed access order at the return of subpoena, the order will automatically take effect from the day following the return of subpoena.
The issuing party must endorse the proposed access order on the Subpoena Notice that is to be attached to the service copies of the subpoena. The issuing party must serve a copy of the subpoena to produce and the subpoena notice on all other parties who have an address for service.
Refer to District Court Practice Note for further details.
What does ‘NPAO’ mean?
NPAO is an abbreviation of ‘no proposed access order’. This registry enters this notation when the proposed access order is unknown. This generally occurs where the recipient of a subpoena does not attach the subpoena notice to the documents or things produced to the registry.
How do I get access to subpoenaed documents where there is no order for access?
For Sydney matters only - You will need to approach the duty registrar with the written consent of all active parties in the proceedings. Alternatively, you may request that the registry re-list the mattes in the subpoena list. You will then need to advise all active parties in the proceedings of the date and time, and the purpose, of the re-listing.
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Application for abridgment or extension of time
See generally:
District Court Practice Note Civil 14
Part 6 Rule 2, Uniform Civil Procedure Rules 2005
How long do I have to serve a statement of claim or summons (originating process) in the District Court?
If the defendant is located within New South Wales, you have one month from the date of filing to serve your statement of claim or summons, known as originating process. If the defendant, or one of the defendants, is located outside New South Wales, you are allowed six months from the date of filing to serve originating process.
See Uniform Civil Procedure Rules 2005 for further information.
If your statement of claim is for a debt or liquidated demand, Practice Note Civil 14 provides that the plaintiff or the plaintiff's solicitor can apply to the registrar for an extension of the time for service of the statement of claim for a period up to 6 months after commencement. This request must be made in writing at the time of filing of the statement of claim, and signed by the plaintiff or by the solicitor for the plaintiff. Refer to Practice Note for more information.
How do I apply for an extension of time to serve the statement of claim?
This application can be made to the duty registrar in chambers. You will need an affidavit in support of your application and a form of order.
Application is made by way of notice of motion, which attracts the payment of a fee.
Fee for Notice of Motion fee Civil Procedure Regulation 2005, Schedule 1, Part 3, item 8.
If the order is made, you will also need to pay a fee for each sealed copy of the order you require.
Fee for Sealed copy of Order Civil Procedure Regulation 2005, Schedule 1, part 5, item 6.
Rule 12.9 of the Uniform Civil Procedure Rules 2005 provides that the Court may of its own motion, dismiss proceedings if within none months from the date of filing of the statement of claim:
- a defence or cross-claim is not filed; or
- application for a default judgment is not filed; or
- the proceedings are not otherwised disposed of.
How do I apply for short service of a subpoena?
An application can be made to a registrar in chambers. You will need an affidavit in support of your application and a form of order - suggested form of short service order
Application is made by way of notice of motion, which attracts the payment of a fee.
Fee for Notice of Motion fee Civil Procedure Regulation 2005, Schedule 1, Part 3, item 8.
If the order is made, you will also need to pay a fee for each sealed copy of the order you require.
Fee for Sealed copy of Order Civil Procedure Regulation 2005, Schedule 1, part 5, item 6.
The affidavit should very briefly depose to the relevance of the person and/or documents or things the subject of the subpoena. The affidavit should also depose to the conversation between the deponent and the subpoenaed person with regard to his/her consent to the proposed abridgement of time.
If the application is to serve a subpoena outside New South Wales you will also need to address the requirement of the Service & Execution of Process Act 1992 (Cth) in your application and include the prescribed form of notice with your subpoena.
Does an unrepresented party require leave to issue a subpoena?
Yes - a party not represented by a solicitor will need the leave of the court to issue a subpoena. Applications for leave to issue a subpoena may be made to the duty registrar and should be supported by an affidavit setting out the relevance of the subpoena. See rule 7.3 of the Uniform Civil Procedure Rules 2005.
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Application for substituted service
How do I apply for an order for substituted service?
An application can be made to the registrar in chambers (duty registrar for Sydney). You will need an affidavit in support of your application and a form of order.
Application is made by way of notice of motion, which attracts the payment of a fee.
Fee for Notice of Motion fee Civil Procedure Regulation 2005, Schedule 1, Part 3, item 8.
If the order is made, you will also need to pay a fee for each sealed copy of the order you require.
Fee for Sealed copy of Order Civil Procedure Regulation 2005, Schedule 1, part 5, item 6.
This application is to be lodged at the registry. (Sydney matters - this application is not to be made returnable in the Friday general motion list)
It is crucial in your affidavit that you demonstrate that:
- it is impracticable to effect service in any of the prescribed modes and
- the substituted service proposed by you will reach the party or come to his or her notice.
A registrar will consider the application. If the application is refused, the registry will inform the applicant of the order made. If the application is granted, the registry will return sealed copies to the applicant (provided fee has been paid) or advice to provide amended orders.
For more information, see rule 10.14 of the Uniform Civil Procedure Rules 2005.
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Notice of Motion (Sydney Registry only)
What happens at the Friday motion list?
Between 9.00 am and 9.30 am an assistant registrar sits to take consider consent applications.
At 9.30 am the assistant registrar will call through the list noting priority and hearing estimates. Any remaining that are to be dealt with by the assistant registrar on a consent basis will be deferred until the finalisation of the list of matters for hearing. The matters ready for hearing will then be referred to the Judicial Registrar for hearing or for allocation to any judges who may become available during the day. After the referral has been completed the assistant registrar will then deal with any other matters remaining in the list.
For more information, see District Court Practice Note Civil 1.
What if a party wishes to adjourn their notice of motion from the Friday motion list to a date after the next directions hearing listing?
The presiding assistant registrar will refer the matter to the Judicial Registrar on the same day for directions.
I have a matter in another District Court and need to have a notice of motion returnable in Sydney. What is the procedure for having it listed in Sydney?
The notice of motion should be filed in the registry of the court where your matter is pending. That registry will liaise with the Sydney list office for a motion date in Sydney and then forward the court file and notice of motion to the Sydney registry.
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Affidavits
Do I need to file my affidavit?
Not unless it is required by a District Court rule, practice note or order of a judge or registrar. See rule 35.9 of the Uniform Civil Procedure Rules 2005.
I have to file a large affidavit. How many pages will the Court accept?
If an affidavit does need to be filed there is no limit prescribed by the rules for the size of the affidavit itself. Where a document to be used in conjuction with an affidavit is bulky and its annexure to the affadavit is inconvenient, the document may be made an exhibit of the affidavit.
Should each page of an affidavit be signed?
Yes - each page of an affidavit must be signed by the deponent and by the person before whom it is sworn. See rule 35.7B of the Uniform Civil Procedure Rules 2005.
Does each page of an annexure have to be initialled by the deponent and the person before whom the affidavit is made?
No. However, an annexure to an affidavit must be identified as such by a certificate endorsed on the annexure (and not on a page separate from the annexure) signed by the person before whom the affidavit is made. See rule 35.6 (2) of the Uniform Civil Procedure Rules 2005.
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Formalising orders & judgments
How do I formalise the judgment?
To formalise an order or judgment of the Court you will need to prepare a draft form of that order or judgment in accordance with Form 43.
The document is then filed at the registry together with the fee.
Fee for Sealed copy of Order Civil Procedure Regulation 2005, Schedule 1, part 5, item 6.
The draft will be checked by the registry and sealed. If not correct, the document will be returned for amendment and re-filing.
(For Sydney registry only - it is recommended that you first check the court file and follow as closely as possible the inscription of the order / judgment on the cover of the court file before preparing and submitting the draft)
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Registering certificates
How does a certificate / judgment / order issued by another court or tribunal, costs assessor, or other body, become a judgment of the District Court?
This very much depends upon the requirements of the enabling legislation and it is recommended that you consult the relevant legislation before attempting to file / register your certificate or order in the District Court.
In addition to the requirements of the enabling legislation, you will need to prepare Form 45 to file with your certificate / judgment / order and pay the appropriate fee.
Fee for Filing Certificate / Order Civil Procedure Regulation 2005, Schedule 1, part 5, item 3.
Links to Fees, Forms and Practice Notes at Top Right of this Page
Interpreters & video / audio links
Does the court provide interpreters in civil cases?
No, although interpreters are arranged for accused persons and witnesses in criminal matters, the parties in civil proceedings are expected to provide their own interpreters.
How do I arrange to have a witness give evidence by audio link?
If an order to give evidence by audio link has been or is likely to be made, you will need to notify the court registry (List Office for Sydney matters Ph: 9377 5833) so that arrangements can be made for a conference phone to be available in your court room.
How do I arrange to have a witness give evidence by video link - civil matters?
If an order to give evidence by video link has been or is likely to be made, you will need to
- advise the registry (List Office for Sydney matters Ph:9377 5833) that you will be arranging a video conference; and
- make arrangements for the video conference through Integrated Vision.
Please note video conferencing is a private service for which fees and charges apply—a schedule of these fees and charges can be obtained from Integrated Vision on 1800 637 480.
Links to Fees, Forms and Practice Notes at Top Right of this Page
Appearing for yourself - individuals
Can I appear for myself?
Yes. A party may appear in person or be represented by a solicitor.
Can someone else other than a solicitor appear on my behalf?
Yes, but only if that other person has been given leave by the Court. This way to seek this leave is by notice of motion and supporting affidavit.
Can I bring a support person to court?
Yes, although that person is only there to provide support and cannot represent you without the leave being granted by the Court.
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Transcripts
How do I order a transcript?
Transcripts may, in most instances, be purchased from the Reporting Services Branch. To find out how, visit their website at www.lawlink.nsw.gov.au/rsb or call them on (02) 9287 7542.
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Transferring matters from Local Court to District Court
How do I apply to transfer a matter from the Local Court to the District Court?
An application to transfer a matter from the Local Court to the District Court, pursuant to section 140 of the Civil Procedure Act 2005, is made by summons and by paying the prescribed filing fee at the registry.
The summons is listed in the general motion list (For Sydney matters - for allocation to the Judicial Registrar)
On the return day for the summons, the Judge / registrar may make the order by consent providing the grounds contained in the affidavit support the transfer being made.
What do I do once an order has been made?
You will need to draft a form of order for signature by a registrar / assistant registrar (refer to Formalising Orders and Judgments above). Once signed, you will serve a sealed copy of the order upon the registrar of the Local Court where the action to be transferred was commenced. The registrar of the Local Court will then transfer the court file to the registry of the District Court referred to in the order.
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Costs
I have an order for costs in the District Court . . . how can I have them assessed?
Costs orders made by the District Court can be assessed by costs assessors appointed by the Supreme Court of New South Wales.
For more details on the procedures, contact the Supreme Court on (02) 9230 8111.
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Mediation by assistant registrars (Sydney only)
How do I apply to have my matter mediated by an assistant registrar?
You will need to make an application to the Court by way of notice of motion and affidavit.
Is there any fee involved?
Although a court fee is not imposed for mediation conducted by an assistant registrar, a party may be liable for costs to their lawyer. Refer to section 28 of the Civil Procedue Act 2005 regarding the court's power in relation to the costs of a mediation.
How do I prepare for mediation?
As part of the standard referral order, parties are required to exchange a concise written statement of issues at least 5 days prior to the mediation. Parties are also required to supply the registrar, not less than 5 days before the mediation, with copies of all lay and expert evidence (including medical evidence) which has been served.
It is also helpful for parties and their legal representatives to discuss options to resolve the dispute and the implications for legal costs if the matter proceeds to hearing.
The registrar to whom the matter is assigned for mediation will advise parties of any additional prepatory steps required to be undertaken as soon as possible after the referral order is made.
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