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Supreme Court Rules (Amendment No 371) 2003
Supreme Court Rules (Amendment No 371) 2003
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 17 February 2003.
Steven Jupp
Secretary of the Rule Committee
Explanatory note
The object of these Rules is to amend Schedule F of the Supreme Court Rules 1970 to
update Form 5 to reflect recent changes to practice in relation to defamation
proceedings.
1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 371)
2003.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.
Schedule 1 Amendment
(Rule 2)
Schedule F
Omit Form 5. Insert instead:
Form 5
P 4,r 1.
STATEMENT OF CLAIM
The plaintiff claims:
(Particulars under Part 16 may be given by a heading, for example:
PARTICULARS OF INJURIES
(These particulars may appear in the relevant place in the statement of facts or
separately after the relief claimed, whichever is convenient.)
To the defendant (address):
1. You are liable to suffer judgment or an order against you unless the prescribed form
of notice of your appearance is received in the Registry (or where a place in the
Riverina or the Central West or the Northern Rivers district is the nominated place of
trial, “or Sub-Registry”) within (14) days after service of this Statement of Claimupon
you and you comply with the rules of court relating to your defence.
1. (plead as required by the rules)
2.}
1. (specify the relief claimed)
2.}
1. (state the particulars of injuries)
2.}
(or, where the proceedings are or include proceedings on a claim in respect of
defamation—
1. If there is no attendance before the Court by you or by your counsel or solicitor
at the time and place specified below, the proceedings may be heard and you
will be liable to suffer judgment or an order against you in your absence.
Before any attendance at that time you must enter an appearance in the Registry
(or, where a place in the Riverina or the Central West or the Northern Rivers
district is the place named for attendance add “or Sub-Registry”).
2. (Where the defendant is a corporation, add: A Corporation may not enter an
appearance in, or defend, any proceedings otherwise than by a solicitor or by a director
authorised in accordance with Part 11 rule 1A of the Supreme Court Rules 1970.)
3. (Where Part 7 rule 4 applies, add: You may, within (14) days after service of this
Statement of Claim upon you, pay to the plaintiff or his solicitor the amount claimed
(and, where the claim is for a liquidated demand together with an order for interest
under section 94 of the Act, add— together with interest at the rate claimed or at
(specify the rate fixed by Part 7 rule 4) per cent yearly whichever is less, from the
beginning of the period for which interest is claimed until the date of payment (or as
the case may require: see Part 7 rule 4 (2)) and also $ for costs. Further
proceedings against you will be stayed when you also file a prescribed form of notice
of payment.)
4. (Where Part 7 rule 8 (1) (a) applies, add: The plaintiff does not seek to disturb the
occupation of (name of occupier).)
(Where Part 33 rule 2 (2) applies, add: Nominated place for trial: (here state a place
appointed for sittings of the Court).)
(Where the proceedings are or include proceedings on a claim in respect of
defamation, add the time and place for attendance)
Plaintiff: (name, address) (a minor)
(Tutor: (name, address))
Plaintiff’s address for Service: (Part 9 rule 6)
Address of Registry:
(where a place in the Riverina is the nominated place of trial, add “Sub-Registries: the
offices of clerks of the Court at Albury, Cootamundra, Deniliquin, Griffith, Gundagai,
Leeton, Narrandera, Temora and Tumut”).
(where a place in the Central West is the nominated place of trial, add—“Sub-Registries:
the offices of the clerks of the Court at Bathurst, Cowra, Dubbo, Forbes,
Lithgow, Mudgee, Parkes and Wellington”).
(where a place in the Northern Rivers district is the nominated place of trial, add—
“Sub-Registries: the offices of the clerks of the Court at Ballina, Bellingen, Byron
Bay, Casino, Coffs Harbour, Dorrigo, Glen Innes, Grafton, Kempsey, Kyogle,
Macksville, Maclean, Mullumbimby, Murwillumbah, Port Macquarie, Tenterfield,
Tweed Heads and Wauchope.”).
Certification under section 198L of the Legal Profession Act 1987
I, (full name), certify that there are reasonable grounds for believing on the basis of
provable facts and a reasonably arguable view of the law that this claim (or, as the case
may be, this defence/this cross-claim/this defence to cross-claim) has reasonable
prospects of success.
(Signature) Date (Date certification signed)
Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)
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