Civil Procedure Act, 2005
Forms
Section 17 gives the Uniform Rules Committee the right to approve forms to be used under the Act. Section 80 of the Interpretation Act, 1987 requires that strict compliance withthe format of a form is not required as long as substantial compliance with the style and layout is attained and all the information required by the approved form is contained in the actual form that is filed or prepared.
The forms prescribed under the Civil Procedure Act, 2005 are fraught with problems. The first is the fact that the name of the Act and the State of issue is not contained in the form. This makes life difficult when the form is served outside the State of New South Wales or where a person seeks to act without legal representation and wants to inform himself of the requirements of the legislation. The prescribed forms are also very wasteful of space. Forms which were once a single sheet of paper now take three , four or more sheets. The paper consumption of the Court system is now expected to quadruple thanks to the inefficient design of the new forms. The attempt to create a "one size fits all" system for Supreme District and Local Courts has created a complexity of design and multiplicity of requirements that make a mockery of the concept of uniformity. For example, the legislation pretends that there is only one Form 2 - Statement of Claim but then creates so many options and variations as to its content that there is clearly a need to produce various versions of the Form 2 in order to suit the different requirments of each court and the nature of each case. Parties are left wondering how many copies of the forms to prepare and whether fees are pyalbe. Court staff need simpified marking and notation systems to speed their processing of the forms. In order to deal with these problems, LAWconnect has re-worked the prescribed forms in order to reduce or eliminate these problems and simplify their use. We have prepared specialised versions of generic forms to suit particualr needs so that users will not have to create a specific need form from scratch.
The following is our list of the most common forms used by parties. They have been prepared as Microsoft Word form templates and can be launched or downloaded in MSWord by clicking once on the name of the form. The grey data boxes in each form contain explainations of what type of information needs to be typed into the box. These boxes can be locked or unlocked by using the "lock" icon that can be accessed from the "Forms" toolbar in the "Toolbars" command of the "View" menu contianed in MSWord.
Prescribed Forms (modified)
Form 2a - Statement of Claim (Liquidated Debt)Form 2b - Statement of Claim (Unliquidated Damages)
Form 2c - Statement of Claim (Detention of Goods)
Form 6a - Defence (to Statement of Claim for liquidated debt)
Form 6b - Defence (to Statement of Claim for unliquidated damages)
Form 6c - Defence (to Statment of Cross Claim for unliquidated damages)
Form 6d - Defence (to Statement of Claim for liquidated debt)
Form 7a - Reply (to Defence to Statment of Claim)
Form 7b - Reply (to Defence to Statement of Cross Claim)
Form 8a - Statement of Cross Claim (liquidated debt)
Form 8b - Statement of Cross Claim (unliquidated damages)
Form 10 - List of Documents (Discovery)
Form 11 - Statement of Issues
Form 12 - Statement of Particulars - Personal Injury Proceedings
Form 14 - Scott Schedule
Form 15 - Notice to Plead Facts
Form 16 - Notice to Admit Facts and Authenticity of Documents
Form 17 - Notice Disputing Facts and Authenticity of Documents
Form 18 - Notice of Motion (general purpose)
Form 18a - Notice of Motion (to set aside default judgment)
Form 19 - Interrogatories
Form 20 - Statement of Answers to Intrerrogatories
Form 22 - Notice to Produce
Form 23 - Subpoena
Form 23A - Order for Production
Form 24 - Consent to Act as Tutor
Form 26 - Notice of Motion - Re-hearing after Arbitration
Form 27a - Notice of Discontinuance (by consent)
Form 27b - Notice of Discontinuance (unilateral)
Form 28 - Agreement as to Judgment
Form 29 - Acknowledgement of Liquidated Claim
Form 30 - Notice of Motion - Default Judgment (Detention of Goods)
Form 31 - Notice of Motion - Default Judgment (Liquidated Debt)
Form 32 - Notice of Motion - Default Judgment (Unliquidated Damages)
Form 36 - Notice of Motion to Pay by Instalments (Individual)
Form 37 - Notice of Motion to Pay by Instalments (Corporation)
Form 39a - Notice of Motion - Objection to Instalment Order
Form 39b - Notice of Motion - Objection to Registrar's Refusal to grant Instalment Order
Form 41 - Examination Notice
Form 42 - Notice of Motion - Examination Order
Form 43 - Examination Order
Form 46 - Notice of Motion - Arrest Warrant for Examination
Form 48 - Notice of Motion - Writ for the Delivery of Goods
Form 49 - Notice of Motion - Writ for the Levy of Property
Form 53a - Notice of Motion - Garnishee Order (wages)
Form 53b - Notice of Motion - Garnishee Order (debt)
Form 58 - Notice to Sheriff of Disputed Property
Form 59 - Notice of Motion - Transfer of Local Court Proceedings
Form 60a - Notice Specccifying Appropriate Local Court for Transfer
Form 60b - Notice Opposing Transfer of Local Court
Form 62 - Affidavit (General purpose)
Form 62a - Affidavit of non-compliance with Instalment Order
Form 63a - Affidavit of Service (in person)
Form 63b - Affidavit of Service (by post)
Form 64 - Notice of Change of Address for Service
Service of Executionof Process Act, 1992
Notice to Defendant (interstate service of statement of claim)
Notice to Witness (interstate service of subpoena)
Cover Sheet - Registration of Judgment from Interestate
Useful Adminstraive Forms
Pre-trial Review Work Sheet
Interest Calculation work sheet
Useful Common Law Forms
Letter of Demand (for payment of debt or damages)
Notice of Demand (for return of goods)
NOTE: Forms not included in the above sequence of form numbers are mostly forms used only by the Court or do not apply to the Local Court.
Last updated: 20 February, 2005
Copyright, 30/8/99: LAWconnect