Part 1GENERAL
Part 2OVERVIEW
Regulation 1Purpose of this Part (P. 2, r. 1)
Regulation 2Commencement and service of action (P. 2, r. 2)
Regulation 3Notice of intention to contest or not contest claim (P. 2, r. 3)
Regulation 4Defence or affidavit and challenge to jurisdiction (P. 2, r. 4)
Part 3GENERAL MATTERS
Regulation 1Ideals (P. 3, r. 1)
Regulation 2Judge-led approach to achieve Ideals (P. 3, r. 2)
Regulation 3Hearings (P. 3, r. 3)
Regulation 4Jurisdiction and powers of Registrar (P. 3, r. 4)
Regulation 5General powers of Court (P. 3, r. 5)
Regulation 6Calculation of time (P. 3, r. 6)
Regulation 7Extension or shortening of time (P. 3, r. 7)
Regulation 8Inspection of court documents (P. 3, r. 8)
Regulation 9Judgment in proceedings heard in private (P. 3, r. 9)
Regulation 10Applications to Court in an action (P. 3, r. 10)
Regulation 11Applications relating to orders under section 11A of Family Justice Act 2014 (P. 3, r. 11)
Regulation 12Forms (P. 3, r. 12)
Regulation 13Language of documents (P. 3, r. 13)
Regulation 14Use of foreign documents under Apostille Convention or Civil Procedure Convention (P. 3, r. 14)
Regulation 15Amendment of documents in proceedings (P. 3, r. 15)
Part 4PARTIES TO PROCEEDINGS AND CAUSES OF ACTION
Regulation 1Parties to proceedings in own name (P. 4, r. 1)
Regulation 2Representation by litigation representative (P. 4, r. 2)
Regulation 3Representation by solicitor, etc. (P. 4, r. 3)
Regulation 4Representation of estates (P. 4, r. 4)
Regulation 5Representation of beneficiaries by trustees, etc. (P. 4, r. 5)
Regulation 6Representation of deceased person interested in proceedings (P. 4, r. 6)
Regulation 7Representation of parties who die or become bankrupt (P. 4, r. 7)
Regulation 8Representative proceedings (P. 4, r. 8)
Regulation 9Notice of action for non-parties (P. 4, r. 9)
Regulation 10Claim for declaration without other relief (P. 4, r. 10)
Regulation 11Appointment, change and discharge of solicitor (P. 4, r. 11)
Regulation 12Withdrawal of solicitor who has ceased to act for party (P. 4, r. 12)
Part 5AMICABLE RESOLUTION OF CASES
Regulation 1Duty to consider amicable resolution of disputes (P. 5, r. 1)
Regulation 2Terms of amicable resolution (P. 5, r. 2)
Regulation 3Powers of Court (P. 5, r. 3)
Regulation 4Additional powers of Court in certain cases (P. 5, r. 4)
Part 6NON-CONTENTIOUS PROBATE PROCEEDINGS
Regulation 1Definitions of this Part (P. 6, r. 1)
Regulation 2Duty of Registrar on receiving application for grant (P. 6, r. 2)
Regulation 3Application for grant (P. 6, r. 3)
Regulation 4Grant in additional name (P. 6, r. 4)
Regulation 5Engrossments for purposes of record (P. 6, r. 5)
Regulation 6Evidence as to due execution of will (P. 6, r. 6)
Regulation 7Execution of will of blind or illiterate testator (P. 6, r. 7)
Regulation 8Evidence as to terms, conditions and date of execution of will (P. 6, r. 8)
Regulation 9Attempted revocation of will (P. 6, r. 9)
Regulation 10Affidavit as to due execution, terms, etc., of will (P. 6, r. 10)
Regulation 11Wills not proved under section 6 of Wills Act 1838 (P. 6, r. 11)
Regulation 12Wills of persons on military service and seamen (P. 6, r. 12)
Regulation 13Evidence of foreign law (P. 6, r. 13)
Regulation 14Order of priority for grant where deceased left will (P. 6, r. 14)
Regulation 15Grants to attesting witnesses, etc. (P. 6, r. 15)
Regulation 16Order of priority for grant in case of intestacy (P. 6, r. 16)
Regulation 17Additional personal representatives (P. 6, r. 17)
Regulation 18Grants where 2 or more persons entitled in same degree (P. 6, r. 18)
Part 7CONTENTIOUS PROBATE PROCEEDINGS
Regulation 1Definition of this Part (P. 7, r. 1)
Regulation 2Requirements in connection with issue of originating claim (P. 7, r. 2)
Regulation 3Service of originating claim out of jurisdiction (P. 7, r. 3)
Regulation 4Intervener in probate action (P. 7, r. 4)
Regulation 5Notice of action (P. 7, r. 5)
Regulation 6Filing of notice of intention to contest or not contest (P. 7, r. 6)
Regulation 7Revocation of existing grant (P. 7, r. 7)
Regulation 8Affidavit of testamentary scripts (P. 7, r. 8)
Regulation 9Default of notice of intention to contest or not contest (P. 7, r. 9)
Regulation 10Service of statement of claim (P. 7, r. 10)
Regulation 11Service of defence (P. 7, r. 11)
Regulation 12Counterclaim (P. 7, r. 12)
Regulation 13Contents of pleadings (P. 7, r. 13)
Regulation 14Default of pleadings (P. 7, r. 14)
Regulation 15No summary judgment (P. 7, r. 15)
Regulation 16Discontinuance or dismissal (P. 7, r. 16)
Regulation 17Settlement of action (P. 7, r. 17)
Regulation 18Application to Court by summons (P. 7, r. 18)
Regulation 19Single application pending trial (P. 7, r. 19)
Regulation 20Form of judgments and order (P. 7, r. 20)
Regulation 21Administration pending trial (P. 7, r. 21)
Regulation 22Examination of administrator’s account (P. 7, r. 22)
Part 8INHERITANCE (FAMILY PROVISION) ACT 1966
Regulation 1Definition of this Part (P. 8, r. 1)
Regulation 2Powers of Courts as to parties (P. 8, r. 2)
Regulation 3Supporting affidavit (P. 8, r. 3)
Regulation 4Applications in proceedings under section 3 (P. 8, r. 4)
Regulation 5Endorsement of memorandum on probate, etc. (P. 8, r. 5)
Part 9LEGITIMACY ACT 1934
Regulation 1Definition of this Part (P. 9, r. 1)
Regulation 2Commencement of proceedings (P. 9, r. 2)
Regulation 3Parties to proceedings (P. 9, r. 3)
Regulation 4Supporting affidavit (P. 9, r. 4)
Regulation 5Service of application on Attorney-General (P. 9, r. 5)
Regulation 6Subsequent applications (P. 9, r. 6)
Part 10WILLS ACT 1838
Regulation 1Definitions of this Part (P. 10, r. 1)
Regulation 2Rectification of will (P. 10, r. 2)
Regulation 3Endorsement of memorandum on probate, etc. (P. 10, r. 3)
Part 11DISABILITY
Regulation 1Definitions of this Part (P. 11, r. 1)
Regulation 2Person under disability must sue, etc., by litigation representative (P. 11, r. 2)
Regulation 3Appointment of litigation representative (P. 11, r. 3)
Regulation 4Permission to begin and contest action required (P. 11, r. 4)
Regulation 5Appointment of litigation representative where person under disability does not file and serve notice of intention to contest or not contest (P. 11, r. 5)
Regulation 6Admission not to be implied from pleading of person under disability (P. 11, r. 6)
Regulation 7Production of documents (P. 11, r. 7)
Regulation 8Compromise, etc., by person under disability (P. 11, r. 8)
Regulation 9Approval of settlement (P. 11, r. 9)
Regulation 10Control of money recovered by person under disability (P. 11, r. 10)
Regulation 11Proceedings under Civil Law Act 1909: Apportionment by Court (P. 11, r. 11)
Regulation 12Service of certain documents on person under disability (P. 11, r. 12)
Part 12APPEALS FROM APPLICATIONS IN ACTIONS, REGISTRAR’S DECISIONS AND TRIALS OF ORIGINATING APPLICATION BY DISTRICT JUDGE OR MAGISTRATE
Regulation 1Scope of this Part (P. 12, r. 1)
Regulation 2General matters and structure of this Part (P. 12, r. 2)
Regulation 3When time for appeal starts to run (P. 12, r. 3)
Regulation 4One appeal for each application (P. 12, r. 4)
Regulation 5Permission to intervene (P. 12, r. 5)
Regulation 6Stay of enforcement, etc. (P. 12, r. 6)
Regulation 7Appeal to be heard in chambers (P. 12, r. 7)
Regulation 8Powers of appellate Court (P. 12, r. 8)
Regulation 9Absence of parties (P. 12, r. 9)
Regulation 10Appellate intervention only if substantial injustice (P. 12, r. 10)
Regulation 11Expedited appeal (P. 12, r. 11)
Regulation 12Withdrawal of appeal or application (P. 12, r. 12)
Regulation 13Consent judgment or order (P. 12, r. 13)
Regulation 14Judgment (P. 12, r. 14)
Regulation 15Bringing of appeal (P. 12, r. 15)
Regulation 16Documents to be filed (P. 12, r. 16)
Regulation 17Bringing of appeal (P. 12, r. 17)
Regulation 18Further arguments before District Judge or Magistrate (P. 12, r. 18)
Regulation 19Permission to appeal (P. 12, r. 19)
Regulation 20Security for costs (P. 12, r. 20)
Regulation 21Documents to be filed (P. 12, r. 21)
Regulation 22Payment out of security for costs and release of undertaking (P. 12, r. 22)
Regulation 23Enforcement of judgments or orders which have been subject matter of appeal (P. 12, r. 23)
Regulation 24Bringing of appeal (P. 12, r. 24)
Regulation 25Documents to be filed (P. 12, r. 25)
Part 13APPEALS FROM JUDGMENTS AND ORDERS AFTER TRIAL
Regulation 1Scope and application of this Part (P. 13, r. 1)
Regulation 2Definitions of this Part (P. 13, r. 2)
Regulation 3When time to appeal starts to run (P. 13, r. 3)
Regulation 4Bringing of appeal (P. 13, r. 4)
Regulation 5Permission to appeal (P. 13, r. 5)
Regulation 6Permission to intervene (P. 13, r. 6)
Regulation 7Stay of enforcement, etc. (P. 13, r. 7)
Regulation 8Security for costs (P. 13, r. 8)
Regulation 9Documents to be filed (P. 13, r. 9)
Regulation 10Appellant’s Case, respondent’s Case and appellant’s Reply (P. 13, r. 10)
Regulation 11Page limits (P. 13, r. 11)
Regulation 12Powers of appellate Court (P. 13, r. 12)
Regulation 13Absence of parties (P. 13, r. 13)
Regulation 14Expedited appeal (P. 13, r. 14)
Regulation 15Withdrawal of appeal or application (P. 13, r. 15)
Regulation 16Consent judgment or order (P. 13, r. 16)
Regulation 17Judgment (P. 13, r. 17)
Regulation 18Payment out of security for costs and release of undertaking (P. 13, r. 18)
Regulation 19Further arguments (P. 13, r. 19)
Regulation 20Enforcement of judgments which have been subject matter of appeal (P. 13, r. 20)
Part 14TRANSFER OF PROCEEDINGS
Regulation 1Applications under section 29(1) of Family Justice Act 2014 (P. 14, r. 1)
Regulation 2Applications under section 29(2) of Family Justice Act 2014 (P. 14, r. 2)
Regulation 3Notice of transfer (P. 14, r. 3)
Part 15CONTEMPT OF COURT
Regulation 1Definitions of this Part (P. 15, r. 1)
Regulation 2Committal order for contempt of court (P. 15, r 2)
Regulation 3Application for permission of Court (P. 15, r. 3)
Regulation 4Application for committal order after permission of Court granted (P. 15, r. 4)
Regulation 5Power to commit without application (P. 15, r. 5)
Regulation 6Transfer to Family Division (P. 15, r. 6)
Regulation 7Provisions as to hearing (P. 15, r. 7)
Regulation 8Power to suspend execution of committal order (P. 15, r. 8)
Regulation 9Discharge of committal respondent (P. 15, r. 9)
Regulation 10Saving for other powers (P. 15, r. 10)
Regulation 11Form of committal order (P. 15, r. 11)
Regulation 12Order to arrest committal respondent (P. 15, r. 12)
Regulation 13Bailiff may engage auxiliary police officer or other security agency (P. 15, r. 13)
Part 16COSTS
Regulation 1Definitions and general matters of this Part (P. 16, r. 1)
Regulation 2Powers of Court (P. 16, r. 2)
Regulation 3Entitlement to costs and assessment of costs (P. 16, r. 3)
Regulation 4Adverse costs orders against successful party (P. 16, r. 4)
Regulation 5Adverse costs orders against non-party (P. 16, r. 5)
Regulation 6Adverse costs orders against solicitor (P. 16, r. 6)
Regulation 7Costs for litigant not legally represented (P. 16, r. 7)
Regulation 8Solicitor representing party who lacks capacity (P. 16, r. 8)
Regulation 9When party may sign judgment for costs without order (P. 16, r. 9)
Regulation 10Fixed costs (P. 16, r. 10)
Regulation 11Powers of Registrar to assess costs (P. 16, r. 11)
Regulation 12Supplementary powers of Registrar (P. 16, r. 12)
Regulation 13Costs of assessment proceedings (P. 16, r. 13)
Regulation 14Interim certificates (P. 16, r. 14)
Regulation 15Power of Registrar where party liable to be paid and to pay costs (P. 16, r. 15)
Regulation 16Assessment of bill of costs comprised in account (P. 16, r. 16)
Regulation 17Mode of beginning proceedings for assessment (P. 16, r. 17)
Regulation 18Notification of time appointed for assessment (P. 16, r. 18)
Regulation 19Delivery of bills, etc. (P. 16, r. 19)
Regulation 20Form of bill of costs (P. 16, r. 20)
Regulation 21Powers of Registrar assessing costs payable out of fund (P. 16, r. 21)
Regulation 22Basis of assessment (P. 16, r. 22)
Regulation 23Costs payable to solicitor by his or her own client (P. 16, r. 23)
Regulation 24Costs payable to trustee out of trust fund, etc. (P. 16, r. 24)
Regulation 25Remuneration of trustees and personal representatives (P. 16, r. 25)
Regulation 26Assessment of remuneration (P. 16, r. 26)
Regulation 27Certificate (P. 16, r. 27)
Regulation 28Certificate of Registrar to be conclusive unless set aside (P. 16, r. 28)
Regulation 29Application to Judge for review (P. 16, r. 29)
Regulation 30Review of Registrar’s decision by Judge (P. 16, r. 30)
Regulation 31Interest on costs (P. 16, r. 31)
Part 17COURT FEES
Regulation 1Definitions of this Part (P. 17, r. 1)
Regulation 2Court fees (P. 17, r. 2)
Regulation 3Court powers relating to court fees (P. 17, r. 3)
Regulation 4Refund of fees paid for unused documents (P. 17, r. 4)
Part 18LODGMENT IN COURT, MONEY IN REGISTRY AND PAYMENT TO BAILIFF
Regulation 1Definitions of this Part (P. 18, r. 1)
Regulation 2Payment into Court under Trustees Act 1967 (P. 18, r. 2)
Regulation 3Notice of lodgment (P. 18, r. 3)
Regulation 4Funds how lodged (P. 18, r. 4)
Regulation 5Crediting lodgment and dividends (P. 18, r. 5)
Regulation 6Interest on money lodged in Court (P. 18, r. 6)
Regulation 7Computation of interest (P. 18, r. 7)
Regulation 8Payment out of funds in Court (P. 18, r. 8)
Regulation 9Name of payee to be stated in order (P. 18, r. 9)
Regulation 10Payment out on death of payee (P. 18, r. 10)
Regulation 11Transfer of investment of funds in Court (P. 18, r. 11)
Regulation 12Accountant-General to give certificate of funds in Court (P. 18, r. 12)
Regulation 13Publication of list of funds in Court (P. 18, r. 13)
Regulation 14Unclaimed funds in Court with Accountant‑General (P. 18, r. 14)
Regulation 15Bailiff to keep account (P. 18, r. 15)
Regulation 16How money paid to bailiff (P. 18, r. 16)
Regulation 17Payment under judgment or order (P. 18, r. 17)
Regulation 18Proof before payment out (P. 18, r. 18)
Regulation 19Where money due to Government under any law (P. 18, r. 19)
Regulation 20Method of payments by bailiff (P. 18, r. 20)
Regulation 21Instalments ledger (P. 18, r. 21)