Case Management FAQs
Q: Is there a form for a Notice of Trial?
A: A Notice of Trial can be a Form 48A or a Form 48B. Refer to Order 48 of the Supreme Court (General Civil Procedure) Rules 2005 for further information, or contact the Registry.
Q: The Associate Judge ordered that two proceedings be heard together. Do I have to pay fees in both proceedings?
A: Yes. While the proceedings are related and are to be heard at the same time, they are still individual proceedings and therefore attract separate fees. This is different if an explicit Order has been made consolidating matters into one proceeding. In this case fees would only be paid once as there is only one proceeding.
Q: Can I have an extension of time to pay my Notice of Trial fees?
A: This is sometimes possible, but as the due date is often the result of an Order of the Listing Master you should call the Registry Contact to discuss further.
Q: What happens to the proceeding if I don't file the Notice of Trial or pay my fees by the due date?
A: Most proceeding are fixed subject to the filing of notice of trial. If the notice is not filed the parties risk losing the date fixed for trial. However, if there are any difficulties with the filing of the notice, the party required to file the notice should seek an extension of time from the opposing parties and the Court.
Q: How do I prepare Court Books?
A: You should refer to Practice Note No.3 of 1995 and speak to the Associate for any further clarification.
Q: I need to amend Court Books. How can I do this?
A: This is generally possible. If the Court Books have not been served on the other side you may attend the Prothonotary's Office and amend the Books on site. If the Court Books have been served, you must seek consent of the other side. When you attend the Prothonotary's Office you must bring proof of that consent. In all cases you must phone the Registry Contact to organise before attending.
Q. How long is a warrant valid for?
A. One year after the day it is issued. An application to extend the validity of the warrant may be made not after the day of expiry. Alternatively, after the warrant expires, the Sheriff may return the unexecuted warrant to the Supreme Court and a fresh warrant can be issued. See Rule 68.05.
Q. What is the fee to issue a warrant?
A. There is no fee to issue a warrant. However, there is a fee is payable to the Sheriff's Office to execute the warrant. There are fees in relation to registering certificates from the Magistrates' Court and filing interstate judgments under the Service and Execution of Process Act. Please refer to Court Fees.
Q. Is leave of the Court required to issue a warrant?
A. Leave must be obtained where:
six years have lapsed since the judgment took effect
the judgment is for a sum in a currency not in Australian dollars
and others cases as per Rule 68.02.