Index

[References are to paragraph numbers]

A

Aboriginal and Torres Strait Islanders
traditional laws and customs
hearsay, exceptions, [4-0420]
opinion evidence, [4-0625]
Abridgement of time, [2-7110]
Absence
party, of, [2-7350]
setting aside judgment after entry, [2-6650]
Addition
party, of, [2-0770]
Addresses
order of, at trial, [2-7370]
Adjournment, [2-0200]–[2-0340], [2-7330]
change in legislation, in case of apprehended, [2-0260]
civil and criminal proceedings, concurrent, as grounds for, [2-0280]
consent, [2-0250]
control of trial by judge, and refusal to grant, [2-0300]
costs, [2-0310]
court’s power of, [2-0200]
directions, in case of failure to comply with, [2-0270]
felonious tort rule, [2-0290]
general principles, [2-0210]
legal aid appeals, in case of, [2-0240]
party, where unavailable, [2-0230]
pending appeal in other litigation, [2-0265]
procedure, [2-0330]
sample orders, [2-0340]
short, [2-0220]
specified day, to, [2-0320]
witness, where unavailable, [2-0230]
Administration of estates
representation in cases concerning, [2-5530]
interests of deceased persons, [2-5550]
Administrators
parties, as, [2-5570]
Admiralty actions
limitation provisions in New South Wales, table of, [2-3970]
Admissions
admission, definition, [4-0800]
adverse influence on, [4-0850]
authority, made with, [4-0870]
common purpose, [4-0870]
conspiracy, [4-0870]
employment, authority derived from, [4-0870]
“reasonably open to find”, [4-0870]
caution, obligation to, [4-0850], [4-2010]
support person, [4-0850], [4-0900]
criminal proceedings
reliability of admissions, [4-0850]
exclusions
admission against third party, [4-0830]
admission not first hand, [4-0820]
discretion to exclude, [4-0900]
violence, influence of, [4-0840], [4-2000]
hearsay and opinion, exceptions, [4-0810]
influencing the decision to prosecute, [4-0850]
“official questioning”, resulting from, [4-0850]
persons in authority before prosecution, [4-0850]
pleadings, establishment of issues to be tried by, [2-4940]
proof, [4-0880]
rebuttal evidence, [4-1240]
records of oral questioning, [4-0860]
reliability, [4-0850], [4-2010]
silence, [4-0890]
inference drawn, [4-0850]
right to exercise, [4-0900]
selective, [4-0890]
Agents
commercial, authority to carry on Local Court proceedings, [1-0890]
Alternative dispute resolution, [2-0500]–[2-0620]
arbitration, [2-0585]
exercise of discretion to order, [2-0590]
finality of award, [2-0600]
rehearings, [2-0610]
rehearings, costs of, [2-0620]
child care matters, [5-8120]
conciliation conferences, [5-0830]
Newcastle Mining, [5-0830]
outcomes, [5-0830]
Western Mining, [5-0830]
Wollongong Mining, [5-0830]
mediation, [2-0510], [2-0570]
appointment of mediator, [2-0530]
Community Justice Centres Act 1983, [2-0535]
consent to referral, [2-0535]
costs, [2-0560]
enforceability of mediated agreements, [2-0550]
exercise of discretion to order, [2-0520]
good faith, parties’ obligation of, [2-0540]
referral to, sample orders, [2-0580]
Amendment, [2-0700]–[2-0810]
addition of party, [2-0770]
change in legislation, apprehended, as ground for adjournment, [2-0260]
costs, [2-0790]
court’s power of, [2-0700]
date, effective, of, [2-0760]
evidence, to conform with, [2-0750]
general principles, [2-0710]
judgments, of, [2-0810]
limitation periods, [2-0780]
pleadings, of, [2-0720]
prejudgment interest, to allow claim for, [2-0740]
refusal, grounds for, [2-0730]
sample orders, [2-0800]
Amicus curiae
representation, [1-0860]
splintered advocacy, [1-0865]
Anshun principle, [2-5100]
Anton Piller orderssee Search orders
Appeal
adjournment, pending, [2-0265]
bias, from refusal to accede to application for disqualification for, [1-0030]
closed court, [1-0450]
contempt in face of court, from summary conviction, [10-0110]
Courtsee Court of Appeal
directions of registrar, review of, [5-0260]
sample orders, [5-0270]
District Court, to, [5-0220]
federal proceedings, [5-0255]
non-publication orders, [1-0410]
sample orders, [5-0230]
security for costs, ordering, [2-5965]
suppression orders, [1-0410]
Supreme Court, to, [2-5500], [5-0220]
associate judge, from, [5-0200]
associate judge, from, sample orders, [5-0210]
Local Court, from, [5-0240]
Local Court, from, sample orders, [5-0250]
Arbitration
alternative dispute resolution, [2-0585]
exercise of discretion to order, [2-0590]
finality of award, [2-0600]
limitation provisions in New South Wales, table of, [2-3970]
rehearings, [2-0610]
costs of, [2-0620]
Attachment
insurance moneys, of, [2-3720]
Australian Consumer Law
interlocutory injunctions, power to grant, [2-2840]

B

Bankruptcy
possession of land, [5-5020]
Beneficiaries
parties, as, [2-5580]
costs, [2-5590]
joinder, [2-5590]
Bias
actual, [1-0010]
apprehended, [1-0020]
disqualification for, [1-0000]–[1-0060]
hearing, circumstances arising during, [1-0050]
hearing, circumstances arising outside, [1-0040]
hearing, emails, guideline case, [1-0050]
procedure on application, [1-0030]
Broadcasting
judgment remarks, [1-0240]
Bullock orders, [8-0080]
Business names
proceedings by or against, [2-5610]
defendant’s duty, [2-5620]
plaintiff’s duty, [2-5630]
varying judgment or order entered under, [2-6690]

C

Calderbank letters, [8-0500]
compromise, offer to, [8-0520]
contribute, offer to, [8-0530]
indemnity costs, [8-0140]
offers, Calderbank, [8-0510]
probate proceedings, [8-0540]
Case management, [2-0000]–[2-0030]
duty of court with respect to, [2-0000]
general principles, [2-0020]
legislation, [2-0030]
overview, [2-0010]
power of court, [2-0000]
practice note, [2-0030]
representative proceedings in the Supreme Court, [2-5500]
rules, [2-0030]
Causes of action
joindersee Joinder
Change of venue, [2-1200], [2-7340]
Local Courts, between, [2-1200]
Character
accused persons, [4-1310]
cross-examination of, [4-1330]
co-accused persons, [4-1320]
criminal and civil proceedings, application to, [4-1300]
cross-examination to determine, [4-1330]
good character, [4-1310]
Charging orders
nature and purpose, [9-0410]
Child care appeals
care appeals, [5-8000]
alternative dispute resolution, [5-8120]
care and protection, [5-8040]
conduct of, [5-8020]
guiding principles, [5-8030]
Children and Young Persons (Care and Protection) Act 1998, [5-8010]
Children’s Court clinic, [5-8110]
contact, [5-8080]
costs orders, [5-8100]
final orders, [5-8070]
variation of, [5-8090]
guardianship orders, [5-8093]
interim care orders
variation of, [5-8091]
parent capacity order, [5-8056]
parent responsibility contracts, [5-8053]
parental responsibility, [5-8050]
permanency planning, [5-8060]
principles, [5-8060]
prohibition orders, [5-8096]
supervision, [5-8096]
Childrensee Incapacity, persons under legal
non-publication orders, [1-0430]
Civil proceedings
criminal proceedings, concurrent, as grounds for adjournment, [2-0280]
Claimants
parties, as, [2-5580]
costs, [2-5590]
joinder, [2-5590]
Closed courts
civil proceedings, [1-0450]
common law, under, [1-0420]
orders, [1-0450]
Coincidencesee Tendency and coincidence
Commencement of proceedings
affidavit as to authority, [2-5420]
by whom, [2-5410]
legal incapacity, by person under, [2-4610]
Companies
proceedings, authority to carry on, [1-0880], [2-5420]
representation, right to, [1-0880]
Compensation
Mining List
cessation of payments, [5-0890]
lump sum payments, [5-0870]
medical expenses, [5-0860]
permanent loss or impairment, [5-0870]
weekly payments, continuation of, [5-0880]
Competency
hearsay, [4-0310]
Compromise
offer of compromise, [8-0520]
indemnity costs, [8-0140]
tutor, of proceedings by, [2-4720]
Concurrent evidence
advantages, [5-6010]
expert witness, [5-6000]
judicial guidance, [5-6020]
procedure, [5-6030]
Consent
adjournments by, [2-0250]
Consolidation
proceedings, of, [2-1800]
sample orders, [2-1810], [2-1820]
Contempt
civil, [10-0300]
contemnor, power to discharge, [10-0700]
criminal, [10-0300]
disability of party in, [10-0720]
District Court, jurisdiction, [10-0550]
face of court, contempt in, [10-0010], [10-0130]
duress, as defence to, [10-0520]
Dust Diseases Tribunal, jurisdiction, [10-0540]
face of court, contempt in, [10-0020], [10-0120]
face of court, in, [10-0000]–[10-0160]
appeal from summary conviction, [10-0110]
District Court, jurisdiction to deal with, [10-0010], [10-0130]
Dust Diseases Tribunal, jurisdiction to deal with, [10-0020], [10-0120]
Local Courts, jurisdiction to deal with, [10-0030], [10-0130]
meaning, [10-0040]
procedure for dealing with, [10-0060]–[10-0160]
procedure for dealing with, adjournment for defence to charge, [10-0090]
procedure for dealing with, charge, [10-0080]
procedure for dealing with, initial steps, [10-0070]
refusal to give evidence, [10-0160]
standing to commence proceedings for, [10-0140]
summary hearing, before trial judge, [10-0060]
summary hearing, before trial judge, conduct of summary hearing, [10-0100]
Supreme Court, jurisdiction to deal with, [10-0000], [10-0120]
improper pressure on party or witness, [10-0420]
intention, as element of, [10-0440]
Local Courts, jurisdiction, [10-0550]
face of court, contempt in, [10-0030], [10-0130]
misconduct, in relation to proceedings pending, [10-0420]
parties, influencing, as, [10-0370]
prejudgment, contempt by, [10-0400]
prevarication as, [10-0530]
publication, by, [10-0310]–[10-0410]
considerations, relevant, [10-0340]
fair and accurate report of proceedings permitted, [10-0380]
intention, [10-0330]
public interest, in publication, [10-0390]
test for contempt, [10-0320]
time at which law commences, [10-0310]
purging, [10-0700]–[10-0720]
principle of purgation, [10-0710]
reprisals, [10-0430]
scandalising, [10-0410]
statutory offences, [10-0450]
Supreme Court, jurisdiction, [10-0540]
face of court, contempt in, [10-0000], [10-0120]
tribunal of fact, influencing, as, [10-0350]
witnesses, influencing, as, [10-0360]
Contract
limitation provisions in New South Wales, table of, [2-3970]
Contribution
offer to contribute, [8-0530]
Corporations
proceedings, authority to carry on, [1-0880], [2-5420]
representation, right to, [1-0880]
security for costs, power to order against, [2-5960]
solicitor corporation, actions by, [2-5720]
Costs, [8-0000]–[8-0190]
adjournments and, [2-0310]
amendment, [2-0790]
arbitration, of rehearings, [2-0620]
assessment appeals, [5-0500]
appeal as of right on a matter of law, [5-0540], [5-0560]
appeal by leave, by way of rehearing, [5-0570], [5-0580]
appeal by leave, de novo, [5-0550]
costs of the appeal, [5-0640]
inadequate reasons, [5-0650]
institution of appeals, [5-0610]
leave to appeal, [5-0590]
legislation, [5-0530]
procedural fairness, [5-0660]
removal and remitter, [5-0600]
scope, [5-0510]
stays pending appeal, [5-0630]
summary of the appeal provisions, [5-0520]
time for appeal, [5-0620]
assessment of, [8-0160]
Bullock orders, [8-0080]
cause, in the, [8-0180]
Children’s Court, power to order, [5-8100]
Chorley exception, [8-0010]
court, power to order, [8-0010]
cross-claims, [2-2100]
day, of the, [8-0180]
dismissal for lack of progress, in case of, [2-2430]
event, following, [8-0020]
agreement by parties, [8-0040]
displacing presumption, [8-0050]
fund, application of presumption to division of, [8-0120]
fund, application of presumption to division of, event, interpreting, [8-0020]
multiple issues, application of presumption where, [8-0060]
multiple parties, application of presumption where, [8-0070]
no final judgment, where, [8-0030]
exceptions, [8-0100]
gross sum costs orders, [8-0170]
incapacity, proceedings involving persons under legal
defendant, of tutor for, [2-4690]
legal representation., liability for, [2-4670]
plaintiff, of tutor for, [2-4680]
indemnity, [8-0140]
abuse of process, [8-0140]
delinquency, [8-0140]
fraud, [8-0140]
hopeless cases, [8-0140]
misconduct, [8-0140]
unreasonable conduct, [8-0140]
‘indulgence principle’, [8-0050]
interest on, [8-0110]
interlocutory orders for, [8-0090]
interpleader proceedings, [2-3090]
leave of court, [8-0130]
legal practitioners, power to make orders against, [8-0110]
mediation, of, [2-0560]
Mining List, [5-0910]
redemption applications, [5-0850]
non-parties, power to make orders against, [8-0100]
orders, when to seek, [8-0150]
particular costs orders, [8-0180]
party/party, [8-0000]
agreement, [8-0040]
regulated, [8-0120]
sample orders, [8-0190]
Sanderson orders, [8-0080]
security forsee Security for costs
set-off costs orders, [8-0180]
Special Statutory Compensation List, [5-1020]
Court of Appeal
removal of proceedings, [5-0410]
sample orders, [5-0420]
Credibility
awareness of matters relating to evidence, [4-1240]
bias, [4-1240]
character, [4-1220]
credibility evidence
application, [4-1190]
definition, [4-1190]
credibility rule, [4-1200]
background, [4-1190]
criminal offence, prior conviction, [4-1240]
cross-examination of accused, [4-1220]
exceptions to rule
cross-examination, [4-1210]
rebutting denials by other evidence, [4-1240]
re-establishing credibility, [4-1250]
false representation, [4-1240]
fishing expeditions, [4-1210]
prejudice, [4-1210]
previous representations, persons who have made, [4-1260]
accused who is not witness, [4-1260]
prior inconsistent statement, [4-1240]
re-establishing credibility, [4-1250]
probative value, [4-1210]
specialised knowledge, [4-1270]
substantial probative value, [4-1210]
unsworn statements, [4-1230]
Criminal proceedings
civil proceedings, concurrent, as grounds for adjournment, [2-0280]
non-publication orders, [1-0410]
Cross-claims, [2-2050]
costs, [2-2100]
discretion, [2-2060]
hearings, [2-2070]
judgment on, [2-2090]
savings, [2-2080]
stay of execution, [9-0030]
Cross-examination
accused, credibility rule, [4-1220]
fishing expeditions, [4-1210]
prejudice, [4-1210]
probative value, [4-1210]
substantial probative value, [4-1210]
freezing orders, on assets disclosure, [2-4270]
previous representation
criminal proceedings, [4-0350]
search orders, on disclosures, [2-1090]
Cross-vesting, [2-1400]
sample order, [2-1410]
Customers
search orders, disclosure of information concerning, [2-1060]
sample orders, [2-1070]

D

Damage
differentiated from “damages”, [7-0000]
Damagessee Interest
actual loss, [7-0000], [7-0020]
contribution, material, [7-0020]
discounts, [7-0020]
extras, [7-0020]
injuries, [7-0020]
life expectancy, [7-0020]
long-term risk, assessment of, [7-0020]
medical treatment, [7-0020]
mitigation, [7-0020]
opportunity, loss of, [7-0020]
assessment of damages, [7-0000]
common law damages, [6-1050]
compensation, to relatives, [7-0070]
compensatory damage, [7-0000], [7-0110]
contributory negligence, [7-0000], [7-0010], [7-0020], [7-0030]
apportionment, [7-0030]
blameless accidents, [7-0030]
funds management, [7-0090]
general
non-economic loss, [7-0000], [7-0040]
non-pecuniary damages, [7-0000], [7-0040]
heads of damage, [7-0000], [7-0020], [7-0040], [7-0050], [7-0060]
aggravated, [7-0000], [7-0110]
exemplary, [7-0000], [7-0110]
general, [7-0000]
income loss, [7-0000], [7-0050]
nominal or contemptuous, [7-0000]
non-economic loss, [7-0040]
pecuniary loss, [7-0000], [7-0050]
implied traverse as to, [2-4950]
intentional torts
causation, [7-0130]
consent, [7-0130]
injury, [7-0130]
intent, [7-0130]
onus, [7-0130]
pleadings, [7-0130]
vicarious liability, [7-0130]
mitigation, [7-0000], [7-0020]
non-economic loss, [7-0000], [7-0040]
assessment, [7-0040]
offender damages, [7-0120]
once-and-forever principle, [7-0000], [7-0010]
court structured settlements, [7-0010]
interim payments, [7-0010]
lifetime care and support, [7-0010]
out-of-pocket expenses, [7-0000], [7-0050], [7-0060]
attendant care, [7-0060]
capacity to care for others, loss of, [7-0060]
commercially provided services, [7-0060]
medical care and aids, [7-0060]
pecuniary loss, [7-0000], [7-0050], [7-0060]
income, [7-0050]
out-of-pocket expenses, [7-0060]
superannuation, [7-0050]
vicissitudes, [7-0050]
principles
general, [7-0000]
once-and-forever, [7-0000], [7-0010]
punitive, [7-0110]
remoteness of, [7-0000], [7-0130]
servitium, [7-0080]
superannuation, [7-0050], [7-0070]
undertaking as to
freezing orders, [2-4210]
interim preservation orders, [2-2830]
unliquidated, pleading claim of amount for, [2-5070]
Workers Compensation Act, s 151Z
calculation of employer’s contribution, [7-0100]
entitlement, [7-0100]
Fox v Wood component, [7-0050]
third party contribution, [7-0100]
Death
Limitation Act 1969 provisions relating to, [2-3910]
Deceased estates
limitation provisions in New South Wales, table of, [2-3970]
Defamation
actions, [5-4000]
Aggravated compensatory damages, [5-4095]
applications
amend, to, [5-4020]
strike out imputations, to, [5-4030]
strike out portions of the pleadings, to, [5-4020]
case management, issues, [5-4000], [5-4020]
consent, [5-4010]
costs, [5-4100]
damages, assessment of, [5-4090]
damages, range of, [5-4099]
defences
absolute privilege, [5-4010]
comment, at common law, [5-4010]
contextual truth, [5-4010]
fair report of proceedings of public concern, [5-4010]
good faith, statutory defences, [5-4010]
honest opinion, [5-4010]
innocent dissemination, [5-4010]
justification, statutory and at common law, [5-4010]
Lange defence, the, [5-4010]
publication of public and official documents, [5-4010]
qualified privilege, statutory and at common law, [5-4010]
triviality, [5-4010]
derisory damages, [5-4097]
evidence, common problems, [5-4080]
Finklestein Report: Report of the Independent Inquiry into the Media and Media Regulation, [5-4110]
imputations
defendant, pleaded by, [5-4030]
Hore-Lacey imputations, [5-4030]
plaintiff, pleaded by, [5-4030]
interlocutory applications
discovery before action, [5-4040]
failure to answer interrogatories, [5-4040]
further and better discovery, [5-4040]
injunctions, [5-4040]
interlocutory injunctions, power to grant in cases, [2-2850]
jury-related applications, [5-4040]
non-publication orders, [5-4040]
privacy, [5-4040]
strike-in applications, [5-4040]
summary judgment applications, [5-4010], [5-4040]
transfer of proceedings to another court, [5-4040]
internet, [5-4007]
defences, [5-4007]
judge-alone trials
role, of judge during trial, [5-4060]
rulings, [5-4060]
jury, conduct of trial before
defence, removal from jury, [5-4070]
delays, [5-4070]
discharge, of jury, [5-4070]
empanelling, [5-4070]
imputation, separate ruling, [5-4070]
opening and closing addresses of counsel, [5-4070]
opening remarks, by judge, [5-4070]
questions, to jury, [5-4070]
summing up, by trial judge, [5-4070]
verdict, [5-4070]
legislative framework, [5-4005]
Leveson Inquiry: Culture, Practice and Ethics of the Press (UK), [5-4110]
limitation issues, [5-4050]
mitigation, [5-4097]
offer of amends, [5-4010]
pleadings
claims for indemnity, [5-4010]
defences, [5-4010]
discovery, [5-4010]
indemnity, [5-4010]
interrogatories, [5-4010]
reply, [5-4010]
special rules in, [2-5160]
statement of claim, [5-4010]
summary judgment applications, [5-4010]
privacy law, impact, [5-4110]
reputation, [5-4098]
special damages, [5-4096]
Defence
freezing orders, of application, [2-4250]
legal incapacity, defending proceedings by person under, [2-4620]
limitations, pleading the defence, [2-3960]
striking out of, [2-0030]
Denial
pleadings, establishment of issues to be tried by, [2-4940]
Directions
adjournment, in case of failure to comply with, [2-0270]
Discovery, [2-2200]–[2-2320]
documents, of relevant, [2-2230]
inspection, [2-2270]
discovery and, during proceedings, [2-2210]
Practice Note SC Eq 11, [2-2210]
sample order, [2-2270]
limited, power to order, [2-2220]
non-parties, of documents from, [2-2310]
personal injury cases, in, [2-2250]
preliminary, [2-2280]
identity of prospective defendants, to ascertain, [2-2290]
prospects, to assess, [2-2300]
whereabouts of prospective defendants, to ascertain, [2-2290]
privileged documents, [2-2260]see Privilege
procedure, [2-2240]
provisions, general, [2-2320]
sample orders, [2-2320]
Dismissal
lack of progress, for, [2-2400]–[2-2430]
cognate power, [2-2420]
costs, [2-2430]
principles, applicable, [2-2410]
rules, power under, [2-2400]
sample orders, [2-2420]
non-appearance of plaintiff at hearing, for, [2-6930]
proceedings, of, [2-0030]
defendant’s application, on, [2-7440]
plaintiff’s application, on, [2-7430]
summary, [2-6920]
vexatious litigants
stay, [2-6920], [2-7660]
Disqualification
bias, for, [1-0000]–[1-0060]
hearing, in case of circumstances arising during, [1-0050]
procedure on application, [1-0030]
District Court
appeals to, [5-0220]
sample orders, [5-0230]
broadcasting judgment remarks, [1-0240]
commercial matters, [5-2005]
contempt, [10-0550]
face of court, jurisdiction to deal with, [10-0010], [10-0130]
declaratory relief, power to give, [5-3020]
procedural issues, [5-3020]
directions of registrar, review of, [5-0260]
sample orders, [5-0270]
enforcementsee Enforcement
federal proceedings, [5-0255]
jurisdiction, [5-2005], [5-3000]
ancillary powers, [5-3010]
claims for money, [5-3020]
defences, [5-3030]
equitable, [5-3020]
estates and relationships, [5-3020]
redemption of securities, [5-3020]
relief against fraud or mistake, [5-3020]
specific performance, [5-3020]
temporary injunctions, [5-3010]
trusts, [5-3020]
legal assistance, court-based schemes of referral for, [1-0610]
media access to records, procedure for grant, [1-0220]
Mining Listsee Mining List
monetary jurisdiction, [5-2000]
consent of court, [5-2010]
extension, [5-2020]
nature of proceedings, [5-2000]
practical considerations, [5-2030]
reference of proceedings, [5-0430]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0440]
registrar, mandatory orders to, [5-0280]
sample, [5-0290]
removal of proceedings, [5-0450]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0460]
Special Statutory Compensation Listsee Special Statutory Compensation List
Documents
collateral use of, [1-0200]
discoverysee Discovery
privilegesee Privilege
Duress
contempt, as defence to, [10-0520]
Dust Diseases Tribunal
compensation, [6-1020], [6-1070]
contempt, [10-0540]
face of court, jurisdiction to deal with, [10-0020], [10-0120]

E

Enforcement
charging orders, [9-0410]
District Court
additional provisions, [9-0430]
foreign judgments, [9-0730]
foreign judgments, [9-0700]
exceptions, [9-0770]
Foreign Judgments Act 1991, under, [9-0740]–[9-0750]
registration of judgments, [9-0750]
registration of judgments, stay following, [9-0760]
Service and Execution of Process Act 1992, under, [9-0710]–[9-0730]
Trans-Tasman proceedings, [5-3580]
future conduct, security for, [9-0450]
garnishee orders, [9-0450]–[9-0400]
judgments, [9-0300]
methods, [9-0310]
Local Courts
foreign judgments, [9-0730]
orders, [9-0300]
substituted performance, [9-0440]
Supreme Court
additional provisions, [9-0420], [9-0430]
foreign judgments, [9-0720], [9-0750]
writ for levy of property, [9-0320]
disputed property, [9-0340]
priority, [9-0330]
Evidence
amendment to conform with, [2-0750]
concurrent evidence, [5-6000]
credibility
application, [4-1190]
definition, [4-1190]
defamation proceedings
evidence, exclusion of, [4-1610]
discretion to exclude, [4-1600], [4-1610]
cautioning of persons, [4-1650]
confusing evidence, [4-1610]
criminal proceedings, [4-1630]
defamation proceedings, [4-1610]
evidence not relevant to all defendants, [4-1610]
improperly or illegally obtained, [4-1640]
limiting use of evidence, [4-1620]
misleading evidence, [4-1610]
prejudicial evidence in criminal proceedings, [4-1630]
procedural unfairness, [4-1610]
radio and television broadcasts, proof, [4-1610]
relationship evidence, [4-1630]
tendency evidence, [4-1610]
unfair prejudice, [4-1610]
unreasoned opinion, [4-1610]
wasting time, [4-1610]
expert witness, [5-6000]
inferences, [4-1900]
judgment for want of, [2-7450]
judgments and convictions, of, [4-1000]
acquittals, [4-1020]
application of legislation, [4-1010]
judicial review, [5-8510]
opinion evidence, relevant as, [4-0610]
order of, at trial, [2-7370]
privilege, [4-1500]–[4-1585]
refusal to give, as contempt, [10-0160]
liability for, [10-0510]
relevance, [4-0200]
silence, [4-0850]
specialised knowledge, persons with, [4-1270]
Executors
parties, as, [2-5570]
Exhibits
media, access to, [1-0200]–[1-0230]
District Court procedure, [1-0220]
exceptional circumstances for grant, [1-0210]
incidental jurisdiction, [1-0210]
inherent jurisdiction, [1-0210]
leave, discretionary basis for grant, [1-0210]
Local Court procedure, [1-0230]
Supreme Court procedure, [1-0210]
Extension of time, [2-7110]

F

Facts
pleading, not evidence, [2-5030]
presumed facts, pleading, [2-5060]
Fair Trading Act 1987
interlocutory injunctions, power to grant, [2-2840]
Family law proceedings
non-publication orders, [1-0430]
Fees
unpaid, hearing where, [2-7460]
Felonious tort rule, [2-0290]
Foreign law
determination in foreign proceedings, [2-6220]
notice, filing, [2-6200]
orders, [2-6210]
Trans-Tasman proceedings, [5-3500]
Forum non conveniens
stay of pending proceedings, [2-2610]
advantage, legitimate personal or judicial, [2-2640]
applicable principles, [2-2630]
conditional order, [2-2650]
connecting factors, [2-2640]
context, [2-2610]
costs, waste of, [2-2640]
foreign court, agreement to refer dispute to, [2-2640]
foreign lex causae, [2-2640]
hearing, conduct of, [2-2660]
local law and professional standards, [2-2640]
parallel proceedings in different jurisdictions, [2-2640]
reasons for decision, [2-2660]
relevant considerations, [2-2640]
test, [2-2620]
Trans-Tasman proceedings, [5-3550]
Fraud
setting aside judgment, after entry, [2-6710]
Freezing orders, [2-4100]–[2-4290]
ancillary orders, [2-4260]
basis of jurisdiction, [2-4130]
business expenses, exclusion from order, [2-4160]
sample orders, [2-4170]
court powers, [2-4110]
cross-examination on assets disclosure, [2-4270]
defence of application, [2-4250]
dissolution, [2-4250]
duration, [2-4200]
ex parte application, full disclosure on, [2-4240]
form, [2-4140]
legal expenses, exclusion from order, [2-4160]
sample orders, [2-4170]
liberty to apply, [2-4180]
sample orders, [2-4190]
living expenses, exclusion from order, [2-4160]
sample orders, [2-4170]
object, [2-4110]
sample orders, [2-4170], [2-4190], [2-4220]
strength of case, relevance, [2-4120]
third parties, [2-4110], [2-4280]
threshold condition, [2-4120]
transnational, [2-4290]
undertakings, [2-4230]
damages, as to, [2-4210]
sample orders, [2-4220]
value of assets subject to restraint, [2-4150]
variation, [2-4250]

G

Garnishee orders
disputed liability, [9-0400]
failure to comply with, [9-0390]
nature and purpose, [9-0350]
payments by garnishee, [9-0380]
public servants, against, [9-0360]
time for payment, [9-0370]
Guardians ad litemsee Tutors
Guardianship orders, [5-8093]

H

Hearsay
admissions, exceptions, [4-0810]
Aboriginal and Torres Strait Islanders traditional laws and customs, [4-0420]
business records, [4-0390]
civil proceedings if maker available, [4-0340]
civil proceedings if maker not available, [4-0330]
competency, [4-0310]
contemporaneous statements, [4-0365]
contents of tags, labels and writing, [4-0400]
criminal proceedings if maker available, [4-0360]
criminal proceedings if maker not available, [4-0350]
exculpatory evidence, [4-0360]
notice, [4-0370]
proofs of evidence, [4-0360]
recorded representations, [4-0350]
representor, credit of, [4-0350]
reputation as to relationships and age, [4-0430]
reputation of public or general rights, [4-0440]
telecommunications, [4-0410]
“attendance”, [4-0330]
“reasonable steps”, [4-0330]
co-accused, [4-0300], [4-0310]
discretion and mandatory exclusions, [4-0460]
documentary, [4-0330]
first-hand, [4-0320]
“intended to assert”, [4-0300]
interlocutory proceedings, [4-0450]
“negative hearsay”, [4-0390]
non-hearsay use of evidence, [4-0300]
objections to tender of evidence, [4-0380]
opinion, [4-0390]
“personal knowledge of an asserted fact”, [4-0300], [4-0320], [4-0390]
previous representation
business records, [4-0390]
civil proceedings, [4-0330], [4-0340]
criminal proceedings, [4-0350], [4-0360]
purpose of evidence, [4-0300]
“reasonable notice”, [4-0330]
retaliatory evidence, [4-0350]
rule, [4-0300]
silence and, [4-0300]
vulnerable persons, [4-0360]

I

Immunity from suit
bias, action against judge for damages in consequence of, [1-0060]
Incapacity, persons under legal
commencement of proceedings by, [2-4610]
tutor, without, [2-4640]
costs
defendant, of tutor for, [2-4690]
legal representation, liability for, [2-4670]
plaintiff, of tutor for, [2-4680]
defending proceedings, [2-4620]
definition, [2-4600]
end of incapacity, [2-4660]
money recovered on behalf of, [2-4730]
non-publication orders, [1-0430]
NSW Trustee and Guardian Act 2009, application for declaration under, [2-4710]
parties, [2-5600]
pleadings by or on behalf of, [2-4970]
sample orders concerning, [2-4740]
tutors, [2-4630]
compromise by, [2-4720]
directions to, [2-4700]
no appearance by, [2-4650]
Inferences
rule in Browne v Dunn, [4-1900]
rule in Jones v Dunkel, [4-1910]
Injunctions
anti-suit injunction, [2-2670]
interlocutory
applications for, [2-2820]
Australian Consumer Law (NSW), under, [2-2840]
damages, undertaking as to, [2-2830]
defamation cases, in, [2-2850]
ex parte applications, [2-2890]
Fair Trading Act 1987, under, [2-2840]
winding up, to restrain commencement of proceedings, [2-2870]
Inspection, [2-2270]
discovery and, during proceedings, [2-2210]
sample order, [2-2270]
Insurance
attachment of insurance moneys, [2-3720]
joinder of insurers, [2-3700]
Law Reform (Miscellaneous Provisions) Act 1946, [2-3710]
leave applications, [2-3730]
other statutes, under, [2-3740]
Intentional torts
apprehension, [5-7030]
assault, [5-7010]
battery, [5-7040]
causation, [7-0130]
conduct constituting a threat, [5-7020]
consent, [5-7070], [7-0130]
medical cases, [5-7080]
contact, [5-7050]
damages, [5-7190], [7-0130]
defences, [5-7060]
false imprisonment, [5-7100], [5-7110]
injury, [7-0130]
intent, [7-0130]
justification, [5-7170]
legal costs, [5-7190]
malicious prosecution, [5-7120]
absence of reasonable and probable cause, [5-7140], [5-7150]
malice, [5-7160]
proceedings initiated by the defendant, [5-7130]
onus, [7-0130]
pleadings, [7-0130]
trespass to the person, [5-7000]
vicarious liability, [7-0130]
Intentional torts;
intimidation, [5-7180]
Interest
after judgment, [7-1070]
Civil Liability Act, under, [7-1060]
discretionary power to award, [7-1020]
Motor Accident Injuries Act 2017, under, [7-1045]
Motor Accidents Compensation Act, under, [7-1040]
nature of, [7-1000]
prejudgment, amendment to allow claim for, [2-0740]
rate of, [7-1080]
up to judgment, [7-1010]
statutory limitations, [7-1030]
Workers Compensation Act, under, [7-1050]
Interference
undue, and disqualification for bias, [1-0050]
Interim preservation orders, [2-2810]
applications for, [2-2820]
ex parte applications, [2-2890]
procedure, [2-2880]
damages, undertaking as to, [2-2830]
jurisdiction, [2-2800]
procedure, [2-2880]
receivers, power to appoint, [2-2860]
sample order, [2-2890]
Trans-Tasman proceedings, [5-3550]
types of, [2-2810]
Interpleader proceedings, [2-3000]–[2-3090]
charges, claim for fees and, [2-3070]
costs, [2-3090]
discretion, [2-3060]
disputed property, availability in respect of claim, [2-3040]
entitlement to apply, [2-3050]
neutrality of applicant, [2-3080]
sample orders, [2-3090]
sheriff’s interpleader, [2-3020]
stakeholder’s interpleader, [2-3010]
Interpreters
Evidence Act, [1-0910]
general, [1-0900]
interpreting, [1-0900]–[1-0890]
procedural fairness, [1-0910]
resources
Recommended National Standards, [1-0920]

J

Joinder
causes of action, [2-3400]
future conduct of proceedings after, [2-3470]
general principles, [2-3480]
inconvenient, [2-3510]
insurers, of, [2-3700]
Law Reform (Miscellaneous Provisions) Act 1946, [2-3710]
leave applications, [2-3730]
other statutes, under, [2-3740]
issue, of, [2-4940]
statement of claim, no, [2-4960]
leave, [2-3490]
misjoinder, [2-3520]
parties, of, [2-3450]
all matters in dispute, necessary for determination of, [2-3540]
common question, [2-3410]
joint entitlement, [2-3420], [2-3500]
sample orders, [2-3540]
separate trials, power to order, [2-3440]
Joint liability
several, or, [2-3430]
Judges
biassee Bias
control of trial by, and refusal to grant adjournment, [2-0300]
disqualificationsee Disqualification
functions of, civil summing-up, [3-0030]
immunitysee Immunity from suit
jury, introductory remarks to, [3-0020]
Judgments, [2-6300]
all issues, determination of, [2-6330]
amendment of, [2-0810]
broadcasting, [1-0240]
business name, varying judgment entered under, [2-6690]
compliance, time for, [2-6470]
consent orders, [2-6320]
copy, obtaining, [1-0200]
cross-claim, on, [2-2090]
cross-claims, [2-6340]
date of effect, [2-6460]
deferred reasons, [2-6420]
delivery, [2-6400]
dismissal, effect of, [2-6350]
duty of court, [2-6310]
enforcementsee Enforcement
entry of, [2-6490]
evidence, for want of, [2-7450]
goods, detention of, [2-6370]
joint liability, [2-6390]
land, possession of, [2-6360]
reasons for, [2-6440]
reasons for judgment, [2-6410]
reserved, [2-6430]
service of, not required, [2-6500]
set off, [2-6380]
set off of, [2-2040]
setting aside, [2-6450], [2-6600]–[2-6740]
after entry, [2-6630]
after entry, absence of party, [2-6650]
after entry, default judgment, [2-6640]
after entry, fraud, [2-6710]
after entry, possession of land, [2-6660]
after entry, procedural fairness, in case of denial, [2-6700]
compromise, ostensible, [2-6740]
consent orders, [2-6735]
consent, where made by, [2-6610]
entry, before, [2-6620], [2-6625]
interlocutory order, [2-6670]
irregularly made, [2-6600]
liberty to apply, [2-6720]
settlement, ostensible, [2-6740]
slip rule, [2-6680]
written reasons, [2-6410]
Judicial review
errors of law, [5-8500], [5-8510]
evidence, [5-8510]
absence of, [5-8510]
jurisdictional error, [5-8510]
parties, [5-8510]
proceedings, [5-8510]
commencement, [5-8510]
writs, in lieu of, [5-8510]
statutory appeals, [5-8500], [5-8510]
time limit, [5-8510]
Juries
civil, [3-0000]–[3-0050]
disagreement, [3-0040]
discharge, [3-0045]
discretion, [3-0045]
functions of, civil summing-up, [3-0030]
introductory remarks to, [3-0020]
mandatory discharge of individual, [3-0045]
selection, [3-0010]
swearing, [3-0010]
taking verdict, [3-0050]
Jurisdiction
District Court
consent of court, [5-2010]
equitable jurisdiction, [5-3000]
extension, [5-2020]
monetary jurisdiction, [5-2000]
nature of proceedings, [5-2000]
practical considerations, [5-2030]
freezing orders, basis of jurisdiction, [2-4130]
interim preservation orders, to make, [2-2800]
vexatious litigants, [2-7610]

L

Land
limitation provisions in New South Wales, table of, [2-3970]
possession, proceedings for, [5-5000], [5-5050]
Law Reform (Miscellaneous Provisions) Act 1946
insurers, joinder of, [2-3710]
Leave
amendment of pleadings, leave to amend, [2-5220]
employed solicitors, right of appearance, [1-0870]
joinder, for, [2-3490]
insurers, leave applications, [2-3730]
pleadings, requirement for, [2-5000]
subpoena, for issue of, [2-5430]
vexatious litigants, [2-7670]
Legal aid
adjournments, in case of appeals concerning, [2-0240]
New South Wales, schemes in, [1-0600]
Legal practitioners
costs, power to make orders against, [8-0100]
Liberty to apply, [2-6720]
Limitations, [2-3900]–[2-3970]
amendments, and limitation periods, [2-0780]
death, Limitation Act 1969 provisions relating to, [2-3910]
extension of time, discretionary considerations concerning applications for, [2-3950]
Motor Accident Injuries Act 2017, [2-3935]
Motor Accidents Compensation Act 1999, [2-3930]
personal injury, Limitation Act 1969 provisions relating to, [2-3910]
pleading the defence, [2-3960]
related topics, [2-3965]
table of provisions, in New South Wales, [2-3970]
three categories, provisions applicable to all, [2-3920]
Trans-Tasman proceedings, [5-3540]
Workers Compensation Act 1987, [2-3940]
Local Courts
change of venue between, [2-1200]
contempt, jurisdiction to deal with, [10-0550]
face of court, contempt in, [10-0030], [10-0130]
directions of registrar, review of, [5-0260]
sample orders, [5-0270]
enforcementsee Enforcement
federal proceedings, [5-0255]
media access to records, procedure for grant, [1-0230]
proceedings
authority to carry on, [1-0890]
reference of, [5-0430]
reference of, disposition following, [5-0470], [5-0480]
reference of, sample orders, [5-0440]
removal of, [5-0450]
removal of, disposition following, [5-0470], [5-0480]
removal of, sample orders, [5-0460]
registrar, mandatory orders to, [5-0280]
sample, [5-0290]

M

Matrimonial proceedings
non-publication orders, [1-0430]
McKenzie Friend
advocate, right to appear as, [1-0850]
role of, [1-0850]
Media
broadcasting, presumption in favour of, [1-0240]
application, [1-0240]
exceptions, [1-0240]
court records, access to, [1-0200]–[1-0230]
District Court procedure, [1-0220]
exceptional circumstances for grant, [1-0210]
incidental jurisdiction, [1-0210]
inherent jurisdiction, [1-0210]
leave, discretionary basis for grant, [1-0210]
Local Court procedure, [1-0230]
Supreme Court procedure, [1-0210]
exhibits, access to, [1-0200]–[1-0230]
judgment remarks, broadcasting of, [1-0240]
trial by, principle of, [1-0200]
Mediation, [2-0510], [2-0570]
appointment of mediator, [2-0530]
Community Justice Centres Act 1983, [2-0535]
costs, [2-0560]
enforceability of mediated agreements, [2-0550]
exercise of discretion to order, [2-0520]
good faith, parties’ obligation of, [2-0540]
referral to
consent, [2-0535]
sample orders, [2-0580]
Mental health patientssee Incapacity, persons under legal
non-publication orders, [1-0430]
Mining List
commencement of proceedings, [5-0820]
compensation
cessation of payments, [5-0890]
lump sum payments, [5-0870]
medical expenses, [5-0860]
permanent loss or impairment, [5-0870]
weekly payments, continuation of, [5-0880]
conciliation procedures, [5-0830]
Newcastle, [5-0830]
outcomes, [5-0830]
Western Mining, [5-0830]
Wollongong, [5-0830]
costs, [5-0910]
redemption applications, [5-0850]
District Court, residual jurisdiction, [5-0800]
expenses, [5-0860]
issues arising, [5-0900]
jurisdiction, [5-0800]
medical expenses, [5-0860]
nature and purpose, [5-0810]
redemption applications, [5-0840]
costs, [5-0850]
Misnomer
parties, [2-3530]
Money claims
short form pleading of facts in certain, [2-4980]
Mortgages
default, [5-5000]
limitation provisions in New South Wales, table of, [2-3970]
Motor Accident Injuries Act 2017
Damages, [6-1045]
interest on damages, [7-1045]
limitations, [2-3935]
Statutory benefits, [6-1045]
Time limits, [6-1045]
Motor Accidents Compensation Act 1999
contributory negligence, [7-0030]
damages, [6-1040], [7-0010]
income loss, [7-0050], [7-0070]
interest on damages, [7-1040]
limitations, [2-3930]
mitigation, [7-0020]
non-economic loss, [7-0040]
once-and-forever principle, [7-0010]
out-of-pocket expenses, [7-0060]

N

Names
business, proceedings by or against, [2-5610]
defendant’s duty, [2-5620]
plaintiff’s duty, [2-5630]
non-publication orders, [1-0410]
parties, misnomer, [2-3520]
suppression of, [1-0410]
Next friendssee Tutors
Non-admission
pleadings, establishment of issues to be tried by, [2-4940]
Non-parties
discovery of documents from, [2-2310]
Non-publication orders
common law, under, [1-0420]
content, [1-0410]
sexual offence matters, [1-0410]
statutory provisions, [1-0430]
Court Security Act 2005, [1-0440]
self-executing, [1-0440]
Notice
filing under foreign law, [2-6200]
NSW Trustee and Guardian Act 2009
application for declaration under, [2-4710]

O

Offer of compromise, [8-0520]
probate proceedings, [8-0540]
Offer to contribute, [8-0530]
Onus of proof
civil summing-up, [3-0030]
Open justice
principle of, [1-0200]
broadcasting, [1-0240]
public, proceedings in, [1-0400]
Opinion
admissions, exceptions, [4-0810]
Aboriginal and Torres Strait Islander traditional laws and customs, [4-0625]
child development and behaviour, specialised knowledge of, [4-0630]
evidence otherwise relevant, [4-0610]
lay opinions, [4-0620]
specialised knowledge, [4-0630]
child development and behaviour, [4-0635]
common knowledge rule, abolition, [4-0640]
definition, [4-0600]
factual basis, identification of, [4-0630]
hearsay, [4-0600]
opinion rule, [4-0600]
exceptions, [4-0600]
recognition evidence, [4-0600]
time limit on notice, [4-0650]
ultimate issue rule, abolition, [4-0640]
Orders, [2-6300]
adjournment, sample orders, [2-0340]
all issues, determination of, [2-6330]
amendment, sample orders, [2-0800]
arrest warrants, [2-6480]
breach of, [10-0480]
business name, varying order entered under, [2-6690]
compliance, time for, [2-6470]
consent, [2-6320]
consolidation of proceedings, sample orders, [2-1810], [2-1820]
construction, [10-0470]
copy, obtaining, [1-0200]
costssee Costs
cross-vesting, sample order, [2-1410]
date of effect, [2-6460]
deferred reasons, [2-6420]
discovery, sample orders, [2-2320]
duty of court, [2-6310]
enforcementsee Enforcement
entry of, [2-6490]
foreign, [2-6210]
freezingsee Freezing orders
inspection, sample order, [2-2270]
interim preservationsee Interim preservation orders
interpleader proceedings, sample orders, [2-3090]
joinder, sample orders, [2-3540]
lack of progress, sample orders for dismissal for, [2-2420]
mediation, sample orders for referral to, [2-0580]
non-publication, [1-0410]
reasons for judgment, [2-6410], [2-6440]
reserved, [2-6430]
searchsee Search orders
security for costs, sample orders, [2-6000]
self-executing, [2-6710]
service of, not required, [2-6500]
setting aside, [2-6450], [2-6600]–[2-6740]
after entry, [2-6630]
after entry, absence of party, [2-6650]
after entry, default judgment, [2-6640]
after entry, fraud, [2-6710]
after entry, possession of land, [2-6660]
after entry, procedural fairness, in case of denial, [2-6700]
compromise, ostensible, [2-6740]
consent orders, [2-6735]
consent, where made by, [2-6610]
entry, before, [2-6620], [2-6625]
interlocutory order, [2-6670]
irregularly made, [2-6600]
liberty to apply, [2-6720]
settlement, ostensible, [2-6740]
slip rule, [2-6680]
summary dismissal, sample orders, [2-6950]
summary judgment for plaintiff, sample orders, [2-6950]
suppressionsee Suppression orders
third party, deliberate frustration by, [10-0500]
transfer of proceedings between courts, sample orders, [2-1220]
tutors, sample orders concerning, [2-4740]
validity, [10-0460]
vexatious litigants
contravention, [2-7660]
disclosure, limiting, [2-7680]
vexatious proceedings order, [2-7620]
written reasons, [2-6410]

P

Parent capacity orders, [5-8056]
Parent responsibility contracts, [5-8053]
Particulars
further and better, application for, [2-5200]
order for, [2-5190]
pleadings and, relationship between, [2-4900]
purpose, [2-4930]
Parties, [2-5400]–[2-5720]
absence of, [2-7350]
setting aside judgment after entry, [2-6650]
addition of, [2-0770]
administrators, [2-5570]
beneficiaries, [2-5580]
costs, [2-5590]
joinder, [2-5590]
claimants, [2-5580]
costs, [2-5590]
joinder, [2-5590]
executors, [2-5570]
incapacity, persons under legal, [2-5600]
joindersee Joinder
judicial review, [5-8510]
misnomer, [2-3520]
removal of, [2-3460]
rules, application, [2-5400]
trustees, [2-5570]
unavailable, adjournment where, [2-0230]
vexatious litigants, [2-7600]–[2-7680]
Payment by instalments
stay of proceedings, [9-0040]
Personal injuries
articles, [6-1000]
cases
discovery in, [2-2250]
Limitation Act 1969 provisions relating to, [2-3910]
limitation provisions in New South Wales, table of, [2-3970]
pleadings, special rules in, [2-5170]
civil liability claims, [6-1050]
claims
dust disease, [6-1070]
general, [6-1060]
post-death, [6-1080]
common law damages, [6-1030]
costs, [6-1010]
dependency actions, [6-1090]
dust disease workers, [6-1020]
motor accident claims, [6-1040]
Motor Accident Injuries Act 2017, [6-1045]
workers’ compensation, [6-1005]
Pleadings
admission, establishment of issues to be tried by pleadings, [2-4940]
amendment of, [2-0720]
leave to amend, [2-5220]
Anshun principle, [2-5100]
brevity, [2-5040]
defamation cases, special rules in, [2-5160]
definition, [2-4920]
disability, legal, pleader under, [2-4970]
evidence outside case pleaded, leading, [2-5230]
facts, not evidence, [2-5030]
form, [2-5010]
intentional torts, [7-0130]
interim payments, special rule, [2-5180]
issues to be tried, establishment by, [2-4940]
leave, requirement for, [2-5000]
matters arising after commencement of proceedings, [2-5080]
money claims, short form pleading of facts in certain, [2-4980]
particulars, and
further and better, application for, [2-5200]
order for, [2-5190]
purpose, [2-4930]
relationship between, [2-4900]
personal injury cases, special rules in, [2-5170]
point of law, raising by, [2-5130]
presumed facts, [2-5060]
rules, application, [2-4910]
“Scott schedule”, in certain cases, [2-5140]
specific, of particular matters, [2-5110]
striking out, [2-5210], [2-6940]
inherent power, [2-6950]
surprise, taking opposite party by, [2-5090]
tender, defence of, [2-5150]
trial without further, [2-4990]
unliquidated damages, claim of amount for, [2-5070]
verification, [2-5020]
Possession List
debtors, assistance for, [5-5050]
enforcement of judgment, writs for, [5-5030]
possession of land, claims for, [5-5000]
practice note, [5-5000], [5-5010], [5-5020], [5-5040]
proceedings, Supreme Court, [5-5000]
commencement, [5-5010]
defended proceedings, [5-5020]
stay applications, [5-5040]
writs of execution, [5-5030]
Privilege
advice privilege, [4-1510]
observations, [4-1515]
cabinet papers, [4-1587]
client legal privilege, [4-1505]
confidential communication, [4-1550]
discovery and privileged documents, [2-2260]
joint clients, [4-1560], [4-1575]
litigation privilege, [4-1520]
inconsistency test, [4-1535]
loss of
disclosure, [4-1540]–[4-1555]
misconduct, [4-1580]
mistaken production, [4-1562]
related communications, [4-1585]
substance of evidence, [4-1545]
trial, [4-1565], [4-1570]
settlement negotiations
exclusion, [4-1590]
third parties, [4-1590]
Pro bono
court-based schemes, [1-0610]
New South Wales, schemes in, [1-0600]
Probate
Calderbank letters, [8-0540]
offer of compromise, [8-0540]
Procedural fairness
denial, setting aside judgment after entry, [2-6660]
Procedure
adjournments, on, [2-0330]
contempt in face of court, for dealing with, [10-0060]–[10-0160]
adjournment for defence to charge, [10-0090]
charge, [10-0080]
initial steps, [10-0070]
discovery, [2-2240]
interim preservation orders, [2-2880]
trial procedure, [2-7300]–[2-7460]
discretion, over-arching, [2-7300]
vexatious litigants, [2-7600]–[2-7680]
Proceedings
business names, proceedings by or against, [2-5610]
defendant’s duty, [2-5620]
plaintiff’s duty, [2-5630]
civilsee Civil proceedings
commencement
affidavit as to authority, [2-5420]
by whom, [2-5410]
legal incapacity, by person under, [2-4610]
companies, authority to carry on, [1-0880]
consolidation of, [2-1800]
corporations, authority to carry on, [1-0880]
criminalsee Criminal proceedings
dismissal of, [2-0030]
defendant’s application, on, [2-7440]
plaintiff’s application, on, [2-7430]
interpleadersee Interpleader proceedings
Local Court, authority to carry on, [1-0890]
Mining List, [5-0820]
public, in, [1-0400]
non-publication orders, [1-0410]
relator, [2-5640]
transfer of, between courts, [2-1210]
sample orders, [2-1220]
vexatious litigants, [2-7650]
Property
Possession Listsee Possession List
writ for levy of, [9-0320]
disputed property, [9-0340]
priority, [9-0330]
Protected personssee Incapacity, persons under legal
Public
proceedings in, [1-0400]
non-publication orders, [1-0410]
Publication
contempt by, [10-0310]–[10-0410]
considerations, relevant, [10-0340]
fair and accurate report of proceedings permitted, [10-0380]
intention, [10-0330]
public interest, in publication, [10-0390]
test for contempt, [10-0320]
time at which law commences, [10-0310]
suppression orderssee Suppression orders

R

Real estate agents
licensed, authority to carry on Local Court proceedings, [1-0890]
Receivers
Supreme Court, power to appoint, [2-2860]
Records
media, access to court, [1-0200]–[1-0230]
District Court procedure, [1-0220]
exceptional circumstances for grant, [1-0210]
incidental jurisdiction, [1-0210]
inherent jurisdiction, [1-0210]
leave, discretionary basis for grant, [1-0210]
Local Court procedure, [1-0230]
Supreme Court procedure, [1-0210]
Reference
proceedings, of, [5-0430]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0440]
terminology, [5-0400]
Registrars
directions, review of, [5-0260]
sample orders, [5-0270]
mandatory orders to, [5-0280]
sample, [5-0290]
Relator proceedings, [2-5640]
Relevance
evidence, [4-0200]
admissibility, [4-0210]
provisional relevance, [4-0220]
inferences, [4-0230]
Removal
parties, of, [2-3460]
proceedings, of, [5-0440]
sample orders, [5-0460]
terminology, [5-0400]
solicitor, of, [2-5650], [2-5680]
Re-opening
party’s case, [2-7420]
Representation
amicus curiae, [1-0860]
companies, right to, [1-0880]
corporations, right to, [1-0880]
employed solicitors, right of appearance, [1-0870]
lay advocates, assistance of, [1-0840]
legal representative, role of, [1-0863]
McKenzie Friend, right to appear as advocate, [1-0850]
represented litigant and legal representative, role of, [1-0863]
rules in relation to, [1-0800]
unqualified persons, by, [1-0840]
unrepresented litigants, [1-0800]–[1-0890]
assistance, permissible, in cases involving, [1-0820]
intervention, permissible, in cases involving, [1-0820]
privilege, [4-1525]
role of court, [1-0810]
splintered advocacy, [1-0865]
Representative proceedings
administration of estates, representation in cases concerning, [2-5530]
beneficiaries, on, [2-5540]
interests of deceased persons, [2-5550]
proceedings, order to continue, [2-5560]
statutory interpretation, representation in cases concerning, [2-5530]
Supreme Court, [2-5500]
appeals, [2-5500]
case management, [2-5500]
commencement, [2-5500]
notices, [2-5500]
powers of court, [2-5500]
trust property, representation in cases concerning, [2-5530]
Reprisals, [10-0430]
statutory offences, [10-0450]

S

Sanderson orders, [8-0080]
Scott schedule, [2-5140]
Search orders, [2-1000]–[2-1100]
Anton Piller orders, as, [2-1010]
applicants, risks for, [2-1100]
cross-examination on disclosures, grant of leave for, [2-1090]
customers, disclosure of information concerning, [2-1060]
sample orders, [2-1070]
gagging order, [2-1080]
object of, [2-1010]
requirements for making, [2-1020]
rules, object of, [2-1000]
safeguards, [2-1030]
sample orders, [2-1040], [2-1050], [2-1070]
solicitors for applicants, risks for, [2-1100]
suppliers, disclosure of information concerning, [2-1060]
sample orders, [2-1070]
Security for costs, [2-5900]–[2-6000]
amount to be provided, [2-5970]
appeals, ordering in, [2-5965]
application for, practical considerations, [2-5980]
corporations, power to order against, [2-5960]
discretion to order, exercising, [2-5920]
issues specific, to grounds in r 42.21(1), [2-5940]
relevant principles, [2-5930]
dismissal of proceedings, for failure to provide, [2-5990]
extensions, [2-5995]
general rule, [2-5900]
impoverished or nominal plaintiff, [2-5935]
nature of security to be provided, [2-5970]
nominal plaintiffs, [2-5950]
power to order, [2-5910]
sample orders, [2-6000]
Separate determination of questions
illustrations, relevant, [2-6110]
order for, suggested form of, [2-6130]
principles, relevant, [2-6110]
procedural matters, [2-6120]
sample order, [2-6140]
sources of power, [2-6100]
Service of process
outside Commonwealth of Australia, [2-1630]
Trans-Tasman proceedings, [5-3510]
uniform law, under, [2-1620]
within Commonwealth of Australia, [2-1600]
Set-off, [2-2000]
applicability, [2-2030]
judgments, of, [2-2040]
mutuality, [2-2020]
stay of execution, [9-0030]
transitional provisions, [2-2010]
Setting aside
judgmentssee Judgments
orderssee Orders
Sheriff
interpleader, sheriff’s, [2-3020]
Slip rule, [2-6680]
costs, [8-0010]
Small claimssee Local Courts Bench Book [40-000]ff
Solicitors
adverse parties, acting for, [2-5660]
appointment, [2-5650]
change of, [2-5670]
effect, [2-5710]
corporation, actions by, [2-5720]
costs, power to make orders against, [8-0100]
removal, [2-5650], [2-5680]
search orders, for applicants, risks for, [2-1100]
unrepresented party, appointment by, [2-5690]
withdrawal, [2-5700]
Special Statutory Compensation List
costs, [5-1020]
District Court, applications to, [5-1030]
dust diseases, [5-1070]
emergency services, [5-1060]
jurisdiction, [5-1010]
nature and purpose, [5-1000]
operation, [5-1000]
police, [5-1030]
claims, particular, [5-1030]
commencement of pension, [5-1030]
hurt on duty (HOD), [5-1030]
not total disability, [5-1030]
quantum claims, [5-1030]
special risk benefit, [5-1040]
“top up” claims, [5-1030]
total incapacity, [5-1030]
powers under residual jurisdiction, [5-1010]
proceedings, [5-1000]
sporting injuries, [5-1050]
statutory scheme, [5-1030]
Splitting
party’s case, [2-7410]
Stakeholder
interpleader, stakeholder’s, [2-3010]
Statement of claim
no joinder of issue on, [2-4960]
Stay of proceedings
abuse of process, as, [2-2680]
anti-suit injunction, [2-2670]
appeal, pending, [9-0010]
cross-claims, [9-0030]
District Court, [9-0040]
forum non conveniens, [2-2610]
advantage, legitimate personal or judicial, [2-2640]
applicable principles, [2-2630]
conditional order, [2-2650]
connecting factors, [2-2640]
context, [2-2610]
costs, waste of, [2-2640]
foreign court, agreement to refer dispute to, [2-2640]
foreign lex causae, [2-2640]
hearing, conduct of, [2-2660]
local law and professional standards, [2-2640]
parallel proceedings in different jurisdictions, [2-2640]
reasons for decision, [2-2660]
relevant considerations, [2-2640]
test, [2-2620]
grounds for, [2-2690]
pending, statutory power, [2-2600], [9-0000]
principles, [9-0020]
sample orders, [9-0050]
set-offs, [9-0030]
Trans-Tasman proceedings, [5-3520]
vexatious litigants, [2-7660]
Striking out
defence, of, [2-0030]
pleadings, [2-5210], [2-6940]
inherent power, [2-6950]
Subpoena
issue of, [2-5430]
liability for refusal to attend on, [10-0510]
Summary disposal, [2-6900]–[2-6950]
dismissal, summary, [2-6920]
plaintiff, summary judgment for, [2-6910]
Summary judgment
stay of proceedings, [9-0040]
Summing up
civil, [3-0030]
Suppliers
search orders, disclosure of information concerning, [2-1060]
sample orders, [2-1070]
Suppression orders
calculus of risk, [1-0410]
common law, under, [1-0420]
content, [1-0410]
names, suppression of, [1-0410]
non-publication orders, [1-0410]
psychological safety, and, [1-0410]
terms, [1-0410]
Supreme Court
appeals to, [5-0220]
associate judge, from, [5-0200]
associate judge, from, sample orders, [5-0210]
Local Court, from, [5-0240]
Local Court, from, sample orders, [5-0250]
broadcasting of judgment remarks, [1-0240]
contempt, jurisdiction, [10-0540]
face of court, contempt in, [10-0000], [10-0120]
directions of registrar, review of, [5-0260]
sample orders, [5-0270]
enforcementsee Enforcement
judicial review, [5-8500]
legal assistance, court-based schemes of referral for, [1-0610]
media access to records, procedure for grant, [1-0210]
Possession Listsee Possession List
receivers, power to appoint, [2-2860]
reference of proceedings, [5-0430]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0440]
registrar, mandatory orders to, [5-0280]
sample, [5-0290]
removal of proceedings, [5-0450]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0460]
transfer of proceedings
Industrial Court, [2-1210]
Land and Environment Court, [2-1210]

T

Tendency and coincidence
appeals, [4-1180]
coincidence evidence, definition, [4-1100]
coincidence rule, [4-1150]
significant probative value, [4-1150]
common law, relevance, [4-1100]
concoction, possibility of, [4-1180]
context evidence, [4-1120]
definitions, [4-1100]
evidence used for other purposes, [4-1120]
evidence, exclusion of, [4-1610]
fact in issue, as, [4-1110]
failure to act, [4-1130]
judicial discretion, [4-1180]
motive, [4-1180]
non-tendency evidence, [4-1120]
notice, requirements for, [4-1160]
exceptions, [4-1170]
objective improbability, [4-1180]
reputation, [4-1110]
restrictions adduced by prosecution, [4-1180]
statutory interpretation, [4-1180]
state of mind, [4-1120]
tendency evidence, definition, [4-1100]
tendency rule, [4-1140]
significant probative value, [4-1140]
Tender
pleading defence of, [2-5150]
Time, [2-7100]–[2-7120]
abridgement, [2-7110]
amendment, effective date of, [2-0760]
bias, for application for disqualification for, [1-0030]
extension, [2-7110]
freezing orders, duration, [2-4200]
judicial review, [5-8510]
reckoning of, [2-7100]
summer vacation, during, [2-7120]
trial, of, [2-7320]
Torts
felonious tort rule, [2-0290]
intentional torts, [5-7000]
limitation provisions in New South Wales, table of, [2-3970]
Transfer
proceedings, of, between courts, [2-1210]
sample orders, [2-1220]
Trans-Tasman proceedings, [5-3500]–[5-3680]
costs, [5-3660]
interim relief, [5-3550]
jurisdiction, [5-3510]
court agreement, choice of, [5-3520]
decline by Australian courts, [5-3520]
initiating documents, [5-3510]
limitation periods, suspension of, [5-3540]
registrable New Zealand judgment, [5-3630]–[5-3650]
application, [5-3600]
definition, [5-3590]
enforcement, [5-3580]–[5-3670]
notice, [5-3630], [5-3640]
private international law, [5-3670]
procedure, [5-3680]
recognition, [5-3580]
registration, [5-3610], [5-3640]
restrictions, [5-3650]
setting aside, [5-3620]
remote appearances, [5-3570]
audio link or audiovisual link, [5-3680]
restraint of proceedings, [5-3530]
service, [5-3510]
stay, [5-3520], [5-3660]
limitation periods, [5-3640]
subpoenas, [5-3560]
procedure, [5-3680]
Trials
addresses, order of, [2-7370]
all issues, requirement to deal with, [2-7360]
evidence, order of, [2-7370]
jury, [2-7310]
media, by, principle of, [1-0200]
place of, [2-7320]
pleadings, trial without further, [2-4990]
procedure, [2-7300]–[2-7460]
discretion, over-arching, [2-7300]
separate, power to order, [2-3440]
time of, [2-7320]
vexatious litigants, [2-7600]–[2-7680]
Trustees
parties, [2-5570]
Trusts
limitation provisions in New South Wales, table of, [2-3970]
Tutors
legal incapacity, and persons under, [2-4630]
compromise by, [2-4720]
directions to, [2-4700]
no appearance by, [2-4650]

U

Unconscionability
Possession List, defences, [5-5020]
Undertakings
breach of, [10-0480]
damages, as to
freezing orders, [2-4210]
interim preservation orders, [2-2830]
freezing orders, [2-4230]
damages, as to, [2-4210]
sample orders, [2-4220]
implied, in relation to use of documents provided in proceedings, [10-0490]

V

Venue
change of, [2-1200], [2-7340]
Local Courts, between, [2-1200]
Verification
pleadings, of, [2-5020]
Vexatious litigants
applications for leave, [2-7670]
contravention
stay, [2-7660]
discretionary relief, [2-7640]
dismissal, [2-6920]
frequently, [2-7630]
inherent jurisdiction, [2-7610]
legislation, [2-7600]
orders limiting disclosure, [2-7680]
proceedings, [2-7650]
vexatious proceedings order, [2-7620]

W

Winding up
injunction to restrain commencement of proceedings, [2-2870]
Witnesses
assessment of, civil summing-up, [3-0030]
calling of, by court, [2-7390]
court, in, before giving evidence, [2-7400]
expert, civil summing-up, [3-0030]
concurrent evidence, [5-6000]
failure to call, civil summing-up, [3-0030]
inferences, [4-1900]
influencing, as contempt, [10-0360]
order of, at trial, [2-7380]
unavailable, adjournment where, [2-0230]
Workers Compensation
Mining Listsee Mining List
no fault schemessee The legal framework for the compensation of personal injury in NSW
Special Statutory Compensation Listsee Special Statutory Compensation List
Workers Compensation Act 1987
damages, [7-0000], [7-0010], [7-0020], [7-0040], [7-0050], [7-0070], [7-0100], [7-0110]
limitations, [2-3940]
weekly payments, [6-1010]