Civil Trials Bench Book

Index

[References are to paragraph numbers]

A

Aboriginal and Torres Strait Islanders
traditional laws and customs
hearsay, exceptions, [4-0420]
opinion evidence, [4-0625]
Adjournment
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]
procedural question, [2-0267]
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]
deceased persons, interests of, [2-5550]
Administrators
parties, as, [2-5570]
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]
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]
prosecute, influencing the decision to, [4-0850]
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]
Alternative dispute resolution
arbitration, [2-0585]
Commercial Arbitration Act, [2-0595], [2-0598]
exercise of discretion to order, [2-0590]
finality of award, [2-0600]
judicial proceedings, [2-0588]
jurisdiction, [2-0588]
rehearings, [2-0610]
rehearings, costs of, [2-0620]
child care matters, [5-8120]
conciliation conferences, [5-0830]
mediation, [2-0510], [2-0570]
costs, [2-0560]
good faith, parties’ obligation of, [2-0540]
mediated agreements, enforceability of, [2-0550]
mediator, appointment of, [2-0530]
order, exercise of discretion to, [2-0520]
referral to, consent to, [2-0535]
referral to, sample orders, [2-0580]
overview, [2-0500]
Amendment
addition of party, [2-0770]
case management, and, [2-0710]
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 — see Representation
Anton Piller orders — see 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]
costs assessment — see Costs
Court — see 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]
Appeals
Children’s Court, from — see Child care appeals
Arbitration — see Alternative dispute resolution
Assault — see Intentional torts

B

Battery — see Intentional torts
Beneficiaries
parties, as, [2-5580]
costs, [2-5590]
joinder, [2-5590]
Bias
disqualification for, [1-0000]
actual, [1-0010]
application of test for, [1-0020]
application, procedure on, [1-0030]
apprehended, [1-0000], [1-0020]
hearing, circumstances arising during, [1-0050]
hearing, circumstances arising outside, [1-0040]
hearing, emails, guideline case, [1-0050]
immunity from suit, [1-0060]
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

Case management
court, duty of with respect to, [2-0000]
court, power of, [2-0000]
general principles, [2-0020]
legislation, [2-0030]
overview, [2-0010]
practice note, [2-0030]
representative proceedings in the Supreme Court, [2-5500]
rules, [2-0030]
Causes of action
joinder — see Joinder
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]
Child care appeals
Aboriginal and Torres Strait Islander principles, [5-8030]
alternative dispute resolution, [5-8120]
Care Act, [5-8010], [5-8030]
care and protection, [5-8040]
Children’s Court clinic, [5-8110]
conduct of, [5-8020]
contact, [5-8080]
costs orders, [5-8100]
District Court, [5-8000]
final orders, [5-8070]
variation of, [5-8090]
guardianship orders, [5-8093]
guiding principles, [5-8030]
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]
Aboriginal and Torres Strait Islander principles, [5-8060]
principles, [5-8060]
prohibition orders, [5-8096]
supervision, [5-8096]
Supreme Court, [5-8000]
Children — see Incapacity, persons under legal
Civil proceedings
criminal proceedings, concurrent, as grounds for adjournment, [2-0280]
Claimants
parties, as, [2-5580]
costs, [2-5590]
joinder, [2-5590]
Closed courts
care appeals, [5-8020]
civil proceedings, [1-0450]
common law, under, [1-0420]
orders, [1-0450]
Coal Miners’ Workers Compensation — see Mining List
Coincidence — see Tendency and coincidence
Collateral abuse of process — see Intentional torts
Companies — see Corporations
Concurrent evidence
advantages, [5-6010]
expert witness, [5-6000]
judicial guidance, [5-6020]
procedure, [5-6030]
Consolidation
proceedings, of — see Proceedings
Contempt
attend, refusal to, [10-0510]
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
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]
penalty, [10-0150]
procedure for dealing with, [10-0060]
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 charge, alternatives to, [10-0050]
summary conviction, appeal from, [10-0110]
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]
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]
orders
breach of, [10-0480]
construction of, [10-0470]
deliberate frustration by third party, [10-0500]
validity of, [10-0460]
prevarication as, [10-0530]
publication, by
considerations, relevant, [10-0340]
fair and accurate report of proceedings permitted, [10-0380]
intention, [10-0330]
parties, influencing, as, [10-0370]
prejudgment, contempt by, [10-0400]
public interest, in publication, [10-0390]
scandalising, [10-0410]
test for contempt, [10-0320]
time at which law commences, [10-0310]
witnesses, influencing, as, [10-0360]
purging, [10-0700]
principle of purgation, [10-0710]
reprisals, [10-0430]
sentencing principles, [10-0305]
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]
undertakings, implied, [10-0490]
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
abuse of process, [8-0130]
adjournments and, [2-0310]
agreed between parties, [8-0060]
amendment, [2-0790]
amicus curiae, [8-0100]
appeals
appellate intervention, [8-0190]
leave to appeal, [8-0190]
Suitors Fund Act 1951, [8-0190]
applicable law, [8-0000]
apportionment
dominant issue failure, [8-0040]
giving effect to, [8-0040]
mixed success, [8-0040]
principles governing costs, [8-0040]
arbitration or dispute resolution clauses, [8-0130]
arbitration, of rehearings, [2-0620]
assessment appeals, [5-0500]
appeal as of right on a matter of law, [5-0560]
appeal by leave, by way of rehearing, [5-0570], [5-0580]
appeal by leave, de novo, [5-0550]
appeal provisions, [5-0520]
costs of, [5-0640]
inadequate reasons, [5-0650]
institution of, [5-0610]
leave to appeal, [5-0590]
legislation, [5-0530]
matter of law, appeal as of right on a, [5-0540]
procedural fairness, [5-0660]
removal and remitter, [5-0600]
scope, [5-0510]
stays pending, [5-0630]
time for, [5-0620]
Bullock orders, [8-0080]
Calderbank letters, [8-0130]
case management, failure to comply with, [8-0070]
Children’s Court, power to order, [5-8100]
Chorley exception, [8-0090]
concurrent tortfeasors, [8-0080]
consistency, [8-0010]
contractual obligation, [8-0060]
cost of the proceedings, [8-0140]
court, power to award, [8-0010]
court-ordered mediation, [8-0140]
cross-claims, [2-2100], [8-0080]
defamation, [5-4100]
departing from general rule, [8-0030]
apportionment, [8-0040]
Calderbank letters, [8-0030]
indulgences, [8-0030]
offers of compromise, [8-0030]
offers of contribution, [8-0030]
public interest, [8-0030]
depriving successful party
exceptional case, [8-0030]
discontinuance, [8-0070]
disentitling conduct
disproportionate amount recovered, [8-0030]
late amendment altering case, [8-0030]
nominal success, [8-0030]
quantum and proportionality, [8-0030]
unnecessary expense, [8-0030]
dismissal for lack of progress, in case of, [2-2430]
displacement of general rule
care proceedings, [8-0050]
de-facto property division, [8-0050]
defamation, [8-0050]
family provision, [8-0050]
probate, [8-0050]
event, following, [8-0020]
departure from rule, [8-0020]
executors, [8-0100]
indemnify against costs, [8-0100]
final judgment, upon, [8-0140]
fraud, [8-0130]
hopeless cases, [8-0130]
incapacity, proceedings involving persons under legal
defendant, of tutor for, [2-4690]
legal representation., liability for, [2-4670]
plaintiff, of tutor for, [2-4680]
interest on
after 24 November 2015, [8-0180]
appropriate compensation, [8-0180]
before 24 November 2015, [8-0180]
not separate action, [8-0180]
interlocutory applications, [8-0140]
interlocutory orders
costs in the proceedings, [8-0150]
costs of motion reserved, [8-0150]
costs of motion thrown away, [8-0150]
costs of the day, [8-0150]
delay, where likely, [8-0150]
discrete question, relating to, [8-0150]
failure to pay, [8-0150]
no order as to costs, [8-0150]
particular costs orders, [8-0150]
significant costs, when, [8-0150]
time for assessment, [8-0150]
unreasonable or unnecessary conduct, [8-0150]
when payable, [8-0150]
interpleader proceedings, [2-3090]
interpleaders, [8-0100]
interveners, [8-0100]
judicial discretion, [8-0010]
jurisdiction, [8-0000]
legal practitioners
conduct justifying solicitor pay, [8-0120]
firm liability for, [8-0120]
inherent power, [8-0120]
personal costs order, [8-0120]
wasted costs order, [8-0120]
legal practitioners only, [8-0090]
liquidators, [8-0100]
mediation, of, [2-0560]
Mining List, [5-0960]
misconduct, [8-0130]
mixed success
successful party entitlement, [8-0040]
mortgagees, [8-0100]
multiple costs orders, [8-0040]
multiple successful defendants, [8-0080]
non-parties, [8-0140]
legal aid providers, [8-0110]
litigation funders, [8-0110]
professional indemnity insurers, [8-0110]
solicitor acting without authority, [8-0110]
when ordered against, [8-0110]
offers of compromise, [8-0130]
ordinary or indemnity basis, [8-0130]
party, responsibility of each, [8-0020]
precedent costs orders, [8-0200]
preliminary costs, [8-0140]
purpose of, [8-0000]
quantification of
capping, [8-0160]
CARC Guidelines, [8-0160]
discount on costs orders, [8-0160]
gross sum costs orders, [8-0160]
prospective not retrospective, [8-0160]
regulated costs
default judgment, [8-0170]
enforcement of judgment, [8-0170]
motor vehicle injury, [8-0170]
personal injury, [8-0170]
work injury damages, [8-0170]
relators, [8-0100]
relevant delinquency, [8-0130]
representative parties entitlement, [8-0100]
same solicitor, multiple plaintiffs, [8-0080]
Sanderson orders, [8-0080]
search orders, [2-1110]
security for — see Security for costs
self-represented lawyers, [8-0090]
self-represented litigants, recoverable by, [8-0090]
slip rule, [8-0140]
Special Statutory Compensation List, [5-1020]
stay, [8-0070]
submitting parties, [8-0100]
trial adjourned or aborted, [8-0140]
tutor
protection from costs, [8-0100]
two or more parties, against, [8-0080]
unreasonable conduct, [8-0130]
warning of intention to claim indemnity costs, [8-0130]
where question of costs not addressed, [8-0140]
Court of Appeal
removal of proceedings, [5-0410]
sample orders, [5-0420]
Credibility
accused, cross-examination of, [4-1220]
awareness of matters relating to evidence, [4-1240]
bias, [4-1240]
character, [4-1220]
credibility evidence
application, [4-1190]
definition, [4-1190]
credibility of witnesses
credibility rule, [4-1200]
exception to rule, cross-examination, [4-1210]
credibility rule
background, [4-1190]
criminal offence, prior conviction, [4-1240]
exceptions to rule
rebutting denials by other evidence, [4-1240]
re-establishing credibility, [4-1250]
false representation, [4-1240]
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]
specialised knowledge, [4-1270]
unsworn statements, [4-1230]
Criminal proceedings
civil proceedings, concurrent, as grounds for adjournment, [2-0280]
non-publication orders, [1-0410]
Cross-claims
costs, [2-2100]
discretion, [2-2060]
hearings, [2-2070]
judgment on, [2-2090]
overview, [2-2050]
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
Family Law Act, [2-1400]
sample order, [2-1410]
transfer of proceedings, [2-1400]

D

Damages
actual loss, [7-0000], [7-0020]
aggravation, [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]
aggravated, [7-0110]
assessment of, [7-0000]
causation, [7-0125]
Civil Liability Act and, [7-0000]
common law, [6-1050]
compensatory, [7-0000], [7-0110]
contributory negligence, [7-0000], [7-0010], [7-0020], [7-0030]
apportionment, [7-0030]
blameless accidents, [7-0030]
defamation, [5-4090], [5-4099]
aggravated compensatory damages, [5-4095]
derisory damages, [5-4097]
special damages, [5-4096]
definition, [7-0000]
Dust Diseases Tribunal, [6-1070]
estate actions, [6-1080]
exemplary, [7-0110]
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]
illegality, [7-0125]
implied traverse as to, [2-4950]
intentional torts, [5-7190]
causation, [7-0130]
consent, [7-0130]
injury, [7-0130]
intent, [7-0130]
onus, [7-0130]
pleadings, [7-0130]
vicarious liability, [7-0130]
interest on — see Interest
mitigation, [7-0000], [7-0020]
Motor Accident Injuries Act 2017, [6-1045], [7-0085]
Motor Accidents Compensation Act 1999, [6-1040]
non-economic loss, [7-0000], [7-0040]
assessment, [7-0040]
offender, [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], [7-0060]
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]
personal injury
common law, [6-1030]
place of the tort, [7-0000]
principles
general, [7-0000]
once-and-forever, [7-0000], [7-0010]
punitive, [7-0110]
relatives, compensation to, [7-0070]
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]
vindicatory, [5-7110]
Workers Compensation Act 1987, [6-1060], [7-0000], [7-0050]
calculation of employer’s contribution, [7-0100]
entitlement, [7-0100]
third party contribution, [7-0100]
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]
costs, [5-4100]
damages, assessment of, [5-4090]
damages, range of, [5-4099]
Defamation Amendment Act 2020, [5-4006]
defences
absolute privilege, [5-4010]
comment, at common law, [5-4010]
consent, [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, [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]
discretion to exclude, [4-1610]
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]
publication
intentional, [5-4007]
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]
Discovery
documents, of relevant, [2-2230]
generally, [2-2200]
inspection, [2-2270]
discovery and, during proceedings, [2-2210]
Practice Note SC Eq 11, [2-2210]
sample order, [2-2270]
interrogatories — see Interrogatories
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, [2-2330]
Dismissal
lack of progress, for
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]
sample orders, [2-6960]
vexatious litigants
stay, [2-6920]
vexatious proceedings
stay, [2-7660]
District Court
appeals to, [5-0220]
sample orders, [5-0230]
appeals to, from Children’s Court, [5-8000]
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]
enforcement — see Enforcement
federal proceedings, [5-0255]
jurisdiction, [5-2005], [5-3000]
ancillary powers, [5-3010]
claims for money, [5-3020]
equitable, [5-3020]
equitable defences, [5-3030]
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]
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 orders, [5-0290]
removal of proceedings, [5-0450]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0460]
Special Statutory Compensation List — see Special Statutory Compensation List
Documents
discovery — see Discovery
privilege — see Privilege
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], [9-0720], [9-0730]
Trans-Tasman proceedings, [5-3580]
future conduct, security for, [9-0450]
garnishee orders, [9-0350], [9-0450]
disputed liability, [9-0400]
failure to comply with, [9-0390]
payments by garnishee, [9-0380]
public servants, against, [9-0360]
time for payment, [9-0370]
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
admissions — see Admissions
amendment to conform with, [2-0750]
character — see Character
concurrent evidence — see Concurrent evidence
credibility — see Credibility
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]
hearsay — see Hearsay
inferences, [4-1900]
judgment for want of, [2-7450]
judgments and convictions, of, [4-1000]
acquittals, [4-1020]
legislation, application of, [4-1010]
judicial review, [5-8510]
opinion — see Opinion
order of, at trial, [2-7370]
privilege — see Privilege
refusal to give, as contempt, [10-0160]
liability for, [10-0510]
relevance, [4-0200]
admissibility, [4-0210]
inferences, [4-0230]
provisional relevance, [4-0220]
silence, [4-0850]
tendency and coincidence — see Tendency and coincidence
Executors
parties, as, [2-5570]
Exhibits
media, access to, [1-0200]
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]

F

False imprisonment — see Intentional torts
Family law proceedings
non-publication orders, [1-0430]
Fees
unpaid, hearing where, [2-7460]
Foreign law
evidence, [2-6230]
evidence, restriction of, [2-6230]
foreign proceedings, determination in, [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]
Freezing orders
ancillary orders, [2-4260]
application, defence of, [2-4250]
assets subject to restraint, value of, [2-4150]
business expenses, exclusion from order, [2-4160]
sample orders, [2-4170]
court powers, [2-4110]
cross-examination on assets disclosure, [2-4270]
dissolution, [2-4250]
duration, [2-4200]
ex parte application, full disclosure on, [2-4240]
form, [2-4140]
jurisdiction, basis of, [2-4130]
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]
practice note, [2-4100]
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]
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 litem — see Tutors

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]
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]
tags, labels and writing, contents of, [4-0400]
telecommunications, [4-0410]
attendance, [4-0330]
reasonable steps, [4-0330]
co-accused, [4-0300], [4-0310]
delay, [4-0455]
discretionary and mandatory exclusions, [4-0460]
documentary, [4-0330]
evidence, objections to tender of, [4-0380]
evidence, purpose of
reasonable notice, [4-0330]
first-hand, [4-0320]
intended to assert, [4-0300]
interlocutory proceedings, [4-0450]
negative, [4-0390]
non-hearsay use of evidence, [4-0300]
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]
retaliatory evidence, [4-0350]
rule, [4-0300]
silence and, [4-0300]
vulnerable persons, [4-0360]

I

Incapacity, persons under legal
children, [2-4600]
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]
incapacity, end of, [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, [2-4700]
directions to, [2-4720]
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 — see Discovery
Insurance
joinder of insurers, [2-3700]
Civil Liability (Third Party Claims Against Insurers) Act 2017, [2-3710]
judgment, proceedings after, [2-3735]
leave applications, [2-3720]
limitation periods, [2-3730]
other statutes, under, [2-3740]
payments, effect of, [2-3737]
sample orders, [2-3720]
Intentional torts
assault, [5-7010]
apprehension, [5-7030]
conduct constituting a threat, [5-7020]
battery, [5-7040]
contact, [5-7050]
causation, [7-0130]
collateral abuse of process, [5-7185]
consent, [7-0130]
contributory negligence, [5-7190]
costs, [5-7190]
damages, [5-7190], [7-0130]
malicious prosecution, for, [5-7190]
proof of, [5-7190]
sexual assault, for, [5-7190]
defences, [5-7060]
consent, [5-7070]
medical cases, [5-7080]
false imprisonment, [5-7100]
imprisonment, interpretation, [5-7110]
judicial immunity, [5-7118]
justification, [5-7115]
injury, [7-0130]
intent, [7-0130]
intimidation, [5-7180]
malicious prosecution, [5-7120]
defendant, proceedings initiated by, [5-7130]
malice, [5-7160]
reasonable and probable cause, absence of, [5-7140], [5-7150]
misfeasance in public office, [5-7188]
onus, [7-0130]
pleadings, [7-0130]
trespass to the person, [5-7000]
vicarious liability, [7-0130]
vindicatory damages, [5-7190]
Interest
Civil Liability Act 2002, under, [7-1060]
discretionary power to award, [7-1020]
judgment, after, [7-1070]
judgment, up to, [7-1010]
statutory limitations, [7-1030]
Motor Accident Injuries Act 2017, under, [7-1045]
Motor Accidents Compensation Act 1999, under, [7-1040]
nature of, [7-1000]
prejudgment, amendment to allow claim for, [2-0740]
rate of, [7-1080]
Workers Compensation Act 1987, under, [7-1050]
Interim preservation orders
applications for, [2-2820]
ex parte applications, [2-2890]
procedure, [2-2880]
damages, undertaking as to, [2-2830]
defamation, [2-2850]
Fair Trading Act 1987 and ACL, under Australian Consumer Law (NSW), [2-2840]
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
applicant, neutrality of, [2-3080]
apply, entitlement to, [2-3050]
charges, claim for fees and, [2-3070]
costs, [2-3090]
discretion, [2-3060]
disputed property, availability in respect of claim, [2-3040]
generally, [2-3030]
overview, [2-3000]
sample orders, [2-3090]
sheriff’s interpleader, [2-3020]
stakeholder’s interpleader, [2-3010]
Interpreters
affidavits, preparation of, [1-0900]
Evidence Act, [1-0910]
general, [1-0900]
interpreting, [1-0900]
national standards, [1-0920]
practice note, [1-0930]
procedural fairness, [1-0910]
Interrogatories
order for, [2-3210], [2-3240]
answers, [2-3250]
evidence, answers as, [2-3260]
necessary, [2-3220]
overview, [2-3200]
sample order, [2-3260]
specific, objections to, [2-3230]
Intimidation — see Intentional torts

J

Joinder
causes of action, [2-3400]
future conduct of proceedings after, [2-3470]
general principles, [2-3480]
inconvenient, [2-3510]
insurers — see Insurance
interests of justice, [2-1800]
issue, of
statement of claim, no, [2-4960]
leave, [2-3490]
misjoinder, [2-3520]
misnomer, [2-3530]
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, [2-3550]
separate trials, power to order, [2-3440]
pleadings and, [2-4940]
sample orders, [2-1810], [2-1820]
Joint liability
judgments and, [2-6390]
several, or, [2-3430]
Judges
bias — see Bias
control of trial by, and refusal to grant adjournment, [2-0300]
functions of, civil summing-up, [3-0030]
jury, introductory remarks to, [3-0020]
Judgments
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]
court, duty of, [2-6310]
cross-claims, [2-2090], [2-6340]
date of effect, [2-6460]
deferred reasons, [2-6420]
delivery of, [2-6400]
dismissal, effect of, [2-6350]
enforcement — see Enforcement
entry of, [2-6490]
evidence, for want of, [2-7450]
foreign, enforcement of — see Enforcement
goods, detention of, [2-6370]
joint liability, [2-6390]
land, possession of, [2-6360]
reasons for, [2-6410], [2-6440]
reserved, [2-6430]
service of, not required, [2-6500]
set off of, [2-2040]
setting aside
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, after, [2-6630]
entry, after, absence of party, [2-6650]
entry, after, default judgment, [2-6640]
entry, after, fraud, [2-6710]
entry, after, possession of land, [2-6660]
entry, before, [2-6620], [2-6625]
error on face of the record, [2-6685]
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]
jurisdiction, [5-8505]
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]
disagreement, [3-0040]
discharge, [3-0045]
functions of, civil summing-up, [3-0030]
introductory remarks to, [3-0020]
selection, [3-0010]
swearing, [3-0010]
verdict, taking, [3-0050]
Jurisdiction
District Court
commercial matters, [5-2005]
consent of court, [5-2010]
equitable jurisdiction, [5-3000], [5-3010], [5-3020]
extension, [5-2020]
monetary jurisdiction, [5-2000]
nature of proceedings, [5-2000]
practical considerations, [5-2030]
freezing orders, basis of, [2-4130]
interim preservation orders, to make, [2-2800]
vexatious proceedings, [2-7610]

L

Land
possession, proceedings for — see Possession List
Leave
employed solicitors, right of appearance, [1-0870]
joinder, for, [2-3490]
insurers, leave applications, [2-3720]
pleadings, requirement for, [2-5000]
subpoena, for issue of, [2-5430]
vexatious proceedings, [2-7670]
Legal aid
adjournments, in case of appeals concerning, [2-0240]
NSW, schemes in, [1-0600]
Limitations
amendments, and limitation periods, [2-0780]
death, Limitation Act 1969 provisions relating to, [2-3910]
defamation, [5-4050]
extension of time, discretionary considerations concerning applications for, [2-3950]
joinder, insurers, of, [2-3730]
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]
table of provisions, in NSW, [2-3970]
three categories, provisions applicable to all, [2-3920]
Trans-Tasman proceedings, [5-3540]
Workers Compensation Act 1987, [2-3940]
Local Courts
appeals from
Supreme Court to, [5-0240]
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]
enforcement — see 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 orders, [5-0290]

M

Malicious prosecution — see Intentional torts
Media
broadcasting, presumption in favour of, [1-0240]
application, [1-0240]
exceptions, [1-0240]
care appeals, [5-8020]
court records, access to, [1-0200]
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]
judgment remarks, broadcasting of, [1-0240]
trial by, principle of, [1-0200]
Mediation
costs, [2-0560]
court referred, [2-0510]
generally, [2-0570]
good faith, parties’ obligation of, [2-0540]
mediated agreements, enforceability of, [2-0550]
mediator, appointment of, [2-0530]
order, exercise of discretion to, [2-0520]
referral to
consent, [2-0535]
sample orders, [2-0580]
Mental health patients — see Incapacity, persons under legal
Mining List
claim, entitlement to, [5-0850]
commencement of proceedings, [5-0820]
commutations, [5-0940]
conciliation procedures, [5-0830]
costs, [5-0960]
deemed total incapacity, [5-0900]
disease provisions, [5-0870]
District Court, compensation jurisdiction, [5-0800]
hospital and medical expenses, [5-0920]
injury, [5-0860]
journey injury, [5-0870]
lump sum compensation, [5-0930]
nature and purpose, [5-0810]
partial incapacity, [5-0890]
payments, cessation of, [5-0910]
psychological injury, [5-0870]
redemption application costs, [5-0950]
redemptions, [5-0940]
substantive law, [5-0840]
total incapacity, [5-0880]
Misfeasance in public office — see Intentional torts
Mortgages
default, [5-5000]
Motor Accident Injuries Act 2017
damages, [6-1045]
funeral expenses, [6-1045]
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]
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]
suppression of, [1-0410]
Next friends — see Tutors
Non-parties
discovery of documents from, [2-2310]
Non-publication orders
care appeals, [5-8020]
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]

O

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
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]
charging, [9-0410]
compliance, time for, [2-6470]
consent, [2-6320]
consolidation of proceedings, sample orders, [2-1810], [2-1820]
contempt
construction, [10-0470]
validity, [10-0460]
copy, obtaining, [1-0200]
court, duty of, [2-6310]
cross-vesting, sample order, [2-1410]
date of effect, [2-6460]
deferred reasons, [2-6420]
discovery, sample orders, [2-2330]
enforcement — see Enforcement
entry of, [2-6490]
foreign, [2-6210]
freezing — see Freezing orders
guardianship, [5-8093]
inspection, sample order, [2-2270]
interim preservation — see Interim preservation orders
interpleader proceedings, sample orders, [2-3090]
interrogatories, [2-3210], [2-3240]
answers, [2-3250]
evidence, answers as, [2-3260]
necessary, [2-3220]
sample order, [2-3260]
joinder, sample orders, [2-3550]
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]
registrar, mandatory orders to
sample orders, [5-0290]
reserved, [2-6430]
search — see Search orders
security for costs, sample orders, [2-6000]
separate determination of questions
sample order, [2-6130], [2-6140]
service of, not required, [2-6500]
setting aside
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, after, [2-6630]
entry, after, absence of party, [2-6650]
entry, after, default judgment, [2-6640]
entry, after, fraud, [2-6710]
entry, after, possession of land, [2-6660]
entry, before, [2-6620], [2-6625]
error on face of the record, [2-6685]
interlocutory order, [2-6670]
irregularly made, [2-6600]
liberty to apply, [2-6720]
self-executing, [2-6730]
settlement, ostensible, [2-6740]
slip rule, [2-6680]
stay of proceedings
sample orders, [9-0050]
striking out, sample orders, [2-6960]
summary dismissal, sample orders, [2-6950], [2-6960]
summary judgment for plaintiff, sample orders, [2-6960]
suppression — see Suppression orders
third party, deliberate frustration by, [10-0500]
transfer of proceedings between courts, sample orders, [2-1220]
tutors, sample orders concerning, [2-4740]
vexatious proceedings
contravention, [2-7660]
disclosure, limiting, [2-7680]
vexatious proceedings order, [2-7620]
written reasons, [2-6410]

P

Particulars
further and better, application for, [2-5200]
order for, [2-5190]
pleadings and, relationship between, [2-4900]
purpose, [2-4930]
Parties
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]
business names, [2-5610]
defendant’s duty, [2-5620]
plaintiff’s duty, [2-5630]
claimants, [2-5580]
costs, [2-5590]
joinder, [2-5590]
commencement of proceedings, [2-5410]
executors, [2-5570]
incapacity, persons under legal, [2-5600]
joinder — see Joinder
judicial review, [5-8510]
misjoinder, [2-3520]
misnomer, [2-3530]
proceedings, authority to carry on, [2-5420]
relators, [2-5640]
removal of, [2-3460]
representative proceedings — see Representative proceedings
rules, application, [2-5400]
solicitor corporations, [2-5720]
solicitors, [2-5650]
adverse parties, acting for, [2-5660]
change of, [2-5670]
change of, effect of, [2-5710]
removal of, [2-5680]
unrepresented party, appointment by, [2-5690]
withdrawal, [2-5700]
subpoenas, [2-5430]
trustees, [2-5570]
unavailable, adjournment where, [2-0230]
vexatious proceedings — see Vexatious proceedings
Personal injuries
cases
discovery in, [2-2250]
Limitation Act 1969 provisions relating to, [2-3910]
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]
dust diseases, [6-1005]
motor accident claims, [6-1040]
Motor Accident Injuries Act 2017, [6-1045]
schemes, [6-1000]
volunteers, [6-1005]
workers’ compensation, [6-1005]
Pleadings
admission, [2-4940]
amendment of, [2-0720]
refusal of, [2-0730]
Anshun principle, [2-5100]
brevity, [2-5040]
damages, [2-4950]
defamation cases, special rules in, [2-5160]
definition, [2-4920]
denial, [2-4940]
disability, legal, pleader under, [2-4970]
documents and spoken words, [2-5050]
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]
joinder, [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]
non-admission, [2-4940]
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]
providing particulars of certain matters, special rules, [2-5120]
rules, application, [2-4910]
Scott schedule, in certain cases, [2-5140]
specific, of particular matters, [2-5110]
statement of claim
joinder, [2-4960]
striking out, [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 of, [2-5020]
Possession List
debtors, assistance for, [5-5050]
enforcement of judgment, writs for, [5-5030], [5-5035]
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]
writs of restitution, [5-5035]
Privilege
cabinet papers, [4-1587]
client legal privilege, [4-1500], [4-1505]
advice privilege, [4-1510], [4-1515]
litigation privilege, [4-1520]
client legal privilege, loss of
consent, [4-1530]
compulsion of law, [4-1555]
confidential communication, [4-1550]
discovery and privileged documents, [2-2260]
joint clients, [4-1560]
litigation privilege
inconsistency test, [4-1535]
loss of
disclosure, [4-1540]
joint clients, [4-1575]
misconduct, [4-1580]
mistaken production, [4-1562]
related communications, [4-1585]
substance of evidence, [4-1545]
trial, [4-1565], [4-1570]
self-incrimination
exception for certain orders, [4-1588]
settlement negotiations
exclusion, [4-1590]
third parties, [4-1590]
unrepresented litigants, [4-1525]
Pro bono
court-based schemes, [1-0610]
NSW, schemes in, [1-0600]
Procedural fairness
denial, setting aside judgment after entry, [2-6660]
judicial reasoning, failure to disclose, [2-6700]
Procedure
adjournments, on, [2-0330]
contempt in face of court, for dealing with, [10-0060]
adjournment for defence to charge, [10-0090]
charge, [10-0080]
initial steps, [10-0070]
discovery, [2-2240]
foreign judgments, enforcement of, [9-0720], [9-0730]
interim preservation orders, [2-2880]
trial procedure
addresses, order of, [2-7370]
all issues, requirement to deal with, [2-7360]
case, re-opening a party’s, [2-7420]
case, splitting a party’s, [2-7410]
discretion, over-arching, [2-7300]
evidence, judgment for want of, [2-7450]
evidence, order of, [2-7370]
fees unpaid, hearing where, [2-7460]
parties, absence of, [2-7350]
place of, [2-7320]
proceedings, dismissal of, [2-7430], [2-7440]
time of, [2-7320]
witnesses, calling of, by court, [2-7390]
witnesses, court, in, before giving evidence, [2-7400]
witnesses, order of, [2-7380]
vexatious proceedings — see Vexatious proceedings
Proceedings
business names, proceedings by or against, [2-5610]
defendant’s duty, [2-5620]
plaintiff’s duty, [2-5630]
civil and criminal, [2-0280]
commencement
affidavit as to authority, [2-5420]
legal incapacity, by person under, [2-4610]
whom by, [2-5410]
companies, authority to carry on, [1-0880]
consolidation of, [2-1800]
sample orders, [2-1810]
corporations, authority to carry on, [1-0880]
criminal — see Criminal proceedings
dismissal of, [2-0030]
defendant’s application, on, [2-7440]
plaintiff’s application, on, [2-7430]
interpleader — see Interpleader proceedings
joinder of, [2-1800]
sample orders, [2-1820]
Local Court, authority to carry on, [1-0890]
public, in, [1-0400]
non-publication orders, [1-0410]
reference — see Reference
relator, [2-5640]
removal — see Removal
stay of — see Stay of proceedings
transfer of
cross-vesting — see Cross-vesting
transfer of, between courts, [2-1210]
sample orders, [2-1220]
Trans-Tasman — see Trans-Tasman proceedings
vexatious proceedings, [2-7650]
Property
Possession List — see Possession List
Protected persons — see Incapacity, persons under legal
Publication
contempt by
considerations, relevant, [10-0340]
fair and accurate report of proceedings permitted, [10-0380]
intention, [10-0330]
parties, influencing, as, [10-0370]
prejudgment, contempt by, [10-0400]
public interest, in publication, [10-0390]
scandalising, [10-0410]
test for contempt, [10-0320]
time at which law commences, [10-0310]
tribunal of fact, influencing, as, [10-0350]
witnesses, influencing, as, [10-0360]
suppression orders — see Suppression orders

R

Records
media, access to court, [1-0200]
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 orders, [5-0290]
Removal
proceedings, of, [5-0410], [5-0450]
disposition following, [5-0470]
sample orders, [5-0420], [5-0440], [5-0460]
terminology, [5-0400]
Representation
companies, right to, [1-0880]
corporations, right to, [1-0880]
employed solicitors, right of appearance, [1-0870]
legal representative, role of, [1-0863]
Local Court, in, [1-0890]
McKenzie Friend, right to appear as advocate, [1-0850]
represented litigant and legal representative, role of, [1-0863]
rules in relation to, [1-0800]
solicitors — see Solicitors
unrepresented litigants, [1-0800]
amicus curiae, [1-0860], [1-0865]
assistance, permissible, in cases involving, [1-0820]
intervention, permissible, in cases involving, [1-0820]
lay advocates, assistance of, [1-0840]
McKenzie Friend, [1-0850]
privilege, [4-1525]
role of court, [1-0810]
splintered advocacy, [1-0865]
unqualified persons, by, [1-0840]
Representative proceedings
administration of estates, representation in cases concerning, [2-5530]
beneficiaries, on, [2-5540]
deceased persons, interests of, [2-5550]
class closure, [2-5500]
common fund order, [2-5500]
industrial awards, [2-5500]
proceedings, order to continue, [2-5560]
statutory interpretation, representation in cases concerning, [2-5530]
substantial common question, [2-5500]
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]

S

Search orders
Anton Piller orders, as, [2-1010]
applicants, risks for, [2-1100]
candour, duty of, [2-1010]
costs, [2-1110]
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]
making, requirements for, [2-1020]
object of, [2-1010]
practice note, [2-1110]
rules, object of, [2-1000]
safeguards, [2-1030]
sample orders, [2-1040], [2-1050], [2-1070]
setting aside, [2-1095]
material non-disclosure, [2-1095]
solicitors for applicants, risks for, [2-1100]
suppliers, disclosure of information concerning, [2-1060]
sample orders, [2-1070]
Security for costs
amount to be provided, [2-5970]
appeals, ordering in, [2-5965]
application for
practical considerations, [2-5980]
release of security, [2-5997]
time for, [8-0140]
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]
special circumstances, [2-5965]
Separate determination of questions
illustrations, relevant, [2-6110]
principles, relevant, [2-6110]
procedural matters, [2-6120]
sample order, [2-6130], [2-6140]
sources of power, [2-6100]
Service of process
Commonwealth of Australia
outside, [2-1630]
within, [2-1600]
Trans-Tasman proceedings, [5-3510]
uniform law, under, [2-1620]
Set off
applicability, [2-2030]
debt, [2-2000]
judgments, of, [2-2040]
mutuality, [2-2020]
stay of execution, [9-0030]
transitional provisions, [2-2010]
Setting aside
judgments — see Judgments
orders — see Orders
Small claims — see Local Courts Bench Book [32-000]ff
Solicitors
adverse parties, acting for, [2-5660]
appointment, [2-5650]
change of, [2-5670]
effect of, [2-5710]
corporation, actions by, [2-5720]
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]
District Court, compensation jurisdiction, [5-0800]
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 compensation jurisdiction, [5-1010]
proceedings, [5-1000]
sporting injuries, [5-1050]
statutory scheme, [5-1030]
Stay of proceedings
abuse of process, as, [2-2680]
anti-suit injunction, [2-2670]
appeal, pending, [9-0010]
child abuse, and, [2-2690]
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]
multiple proceedings, [2-2680]
pending, statutory power, [2-2600], [9-0000]
permanent stay, [2-2600]
principles, [9-0020]
re-litigation, [2-2680]
sample orders, [9-0050]
set offs, [9-0030]
Trans-Tasman proceedings, [5-3520]
vexatious proceedings, [2-7660]
Striking out
defence, of, [2-0030]
pleadings, [2-6940]
inherent power, [2-6950]
Subpoena
issue of, [2-5430]
liability for refusal to attend on, [10-0510]
Summary disposal
court powers, [2-6900]
dismissal, summary, [2-6920]
plaintiff, summary judgment for, [2-6910]
Summary judgment
stay of proceedings, [9-0040]
Summing up
civil, [3-0030]
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]
appeals to, from Children’s Court, [5-8000]
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]
enforcement — see Enforcement
judicial review, [5-8500]
jurisdiction, [5-8505]
legal assistance, court-based schemes of referral for, [1-0610]
media access to records, procedure for grant, [1-0210]
Possession List — see 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 orders, [5-0290]
removal of proceedings, [5-0450]
disposition following, [5-0470]
disposition following, sample orders, [5-0480]
sample orders, [5-0460]
transfer of proceedings
Land and Environment Court, [2-1210]
when mandatory, [2-1210]

T

Take-down orders
suppression orders, [1-0410]
Tendency and coincidence
act, failure to, [4-1130]
admissibility
child sexual offences, [4-1145]
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]
directions
criminal trials, [4-1148]
evidence used for other purposes, [4-1120]
evidence, exclusion of, [4-1610]
fact in issue, as, [4-1110]
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]
Time
abridgement, [2-7110]
amendment, effective date of, [2-0760]
bias, for application for disqualification for, [1-0030]
costs assessment appeals, [5-0620]
costs, application for security for, [8-0140]
extension, [2-7110]
filing appearance, for, [2-7125]
freezing orders, duration, [2-4200]
judicial review, [5-8510]
reckoning of, [2-7100]
service of initiating process, for, [2-7130]
summer vacation, during, [2-7120]
trial, of, [2-7320]
Torts
felonious tort rule, [2-0290]
intentional torts, [5-7000]
assault, [5-7010], [5-7020], [5-7030]
battery, [5-7040], [5-7050]
collateral abuse of process, [5-7185]
damages, [5-7190]
defences, [5-7060], [5-7070], [5-7080]
false imprisonment, [5-7100], [5-7110], [5-7115], [5-7118]
intimidation, [5-7180]
malicious prosecution, [5-7120], [5-7130], [5-7140], [5-7150], [5-7160]
misfeasance in public office, [5-7188]
Transfer
between Small Claims and General Divisions, Local Court, [2-1210]
proceedings, of, between courts, [2-1210]
sample orders, [2-1220]
upon defendant resident outside Ausstralia, [2-1210]
Trans-Tasman proceedings
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]
legislation, [5-3500]
limitation periods, suspension of, [5-3540]
registrable New Zealand judgment
application, [5-3600]
definition, [5-3590]
enforcement, [5-3580]
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]
Trespass to the person — see Intentional torts
Trials
addresses, order of, [2-7370]
all issues, requirement to deal with, [2-7360]
case, re-opening a party’s, [2-7420]
case, splitting a party’s, [2-7410]
evidence, judgment for want of, [2-7450]
evidence, order of, [2-7370]
fees unpaid, hearing where, [2-7460]
media, by, principle of, [1-0200]
parties, absence of, [2-7350]
place of, [2-7320]
pleadings, trial without further, [2-4990]
procedure
discretion, over-arching, [2-7300]
proceedings, dismissal of
defendant’s application, on, [2-7440]
plaintiff’s application, on, [2-7430]
separate, power to order, [2-3440]
time of, [2-7320]
vexatious proceedings — see Vexatious proceedings
witnesses
calling of by court, [2-7390]
court, in, before giving evidence, [2-7400]
order of, [2-7380]
Trustees
parties, [2-5570]
Tutor
legal incapacity, and persons under
commencement of proceedings by, [2-4640]
Tutors
commencement of proceedings by, [2-4610]
guardians ad litem
nomination of person, [2-4630]
legal incapacity, and persons under, [2-4630]
compromise, [2-4700]
costs, [2-4680], [2-4690]
directions to, [2-4720]
no appearance by, [2-4650]
sample orders concerning, [2-4740]

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]
Unrepresented litigants — see Representation

V

Venue
change of, [2-1200]
Local Courts, between, [2-1200]
Verification
pleadings, of, [2-5020]
Vexatious litigants — see Vexatious proceedings
Vexatious proceedings
contravention
stay, [2-7660]
definition, [2-7650]
discretionary relief, [2-7640]
dismissal, [2-6920]
frequently, [2-7630]
inherent jurisdiction, [2-7610]
leave, applications for, [2-7670]
legislation, [2-7600]
orders limiting disclosure, [2-7680]
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]
order of, at trial, [2-7380]
unavailable, adjournment where, [2-0230]
Workers Compensation
no fault schemes, The legal framework for the compensation of personal injury in NSW
Special Statutory Compensation List — see 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]
weekly payments, [6-1010]