The Second Schedule
Forms
No.1
O.5, R.1 / GENERAL FORM OF WRIT OF SUMMONSIn the Supreme Court No. of 20 .
of Western Australia.
Between
A.B., Plaintiff,
and
C.D., Defendant.
To C.D. of in the State of Western Australia.
We command you, that within days after the service of this writ on you, exclusive of the day of such service, you cause an appearance to be entered for you in our Supreme Court in an action at the suit of the abovenamed plaintiff; and take notice that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.
Witness Chief Justice of Western Australia the day of 20 .
______
Memoranda to be subscribed on Writ.
Note: This writ may not be served later than 12calendar months beginning with the above date unless renewed by order of the Court.
A defendant may appear to this writ by entering an appearance either personally or by solicitor at the Central Office of the Supreme Court at Perth.
Indorsement of Claim.
The plaintiff’s claim is for
Place of trial
(Where the plaintiff’s claim is for a debt or liquidated demand only the following indorsement must be added):—
If, within the time allowed for entering an appearance, the defendant pays to the plaintiff or to his solicitor or into Court the amount claimed, together with the sum of $ being the costs incurred by the plaintiff up to and including the service of this writ, further proceedings will be stayed: Provided that the defendant may notwithstanding the payment of such costs have the same taxed by the Taxing Officer of the Court and if more than one sixth be disallowed the plaintiff shall pay the costs of taxation.(If the plaintiff sues or the defendant or any of the defendants is sued in a representative capacity this must be shown in the indorsement of claim.)
*state plaintiff’s occupation / This writ was issued by the plaintiff in person who is a *
and resides at and whose address for service is
[or]
This writ was issued by of
whose address for service is
solicitor for the plaintiff, who resides at
[or]
This writ was issued by of
whose address for service is
and who is agent for of
solicitor for the plaintiff, who resides at
Indorsement as to service
This writ was served by me at
on [the defendant or one of the defendants] on the day of
20 .
Indorsed the day of 20 .
(Signed)
(Address)
[Form 1 amended in Gazette 9Nov1973 p.4165; 29Mar1974 p.1042; 27Aug1976 p.3226; 19Apr2005 p.1300.]
No.2
O.5, R.1 / WRIT OF SUMMONS INDORSED WITH STATEMENT OF CLAIM[As in No.1 except that the following note shall be inserted after the directions for entering an appearance and that a statement of claim shall be substituted for the indorsement of claim.]
NOTE: If the defendant enters an appearance, then unless a summons for judgment is served on him in the meantime, he must also file a defence at the Central Office of the Supreme Court at Perth, and serve such defence on the solicitor for the plaintiff, within 14days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against him without notice.
Statement of Claim.
Place of trial.
[If the plaintiff’s claim is for a debt or liquidated demand only, the indorsement in Form No.1 beginning “If within the time allowed for entering an appearance” must be added.]
[Form 2 amended in Gazette 9Nov1973 p.4165.]
No.3
O.5, R.2 / WRIT OF SUMMONS WHICH, OR NOTICE OF WHICH, IS TO BE SERVED OUT OF THE JURISDICTION(Headings as in No.1.)
Elizabeth the Second, etc. (as in No.1).
To C.D. of
*Insert number of days limited for appearance. If notice of the writ is to be served insert here “of notice”. / We command you, that within *days after service of this writ on you, exclusive of the day of such service, you cause an appearance to be entered for you in our Supreme Court in an action at the suit of the abovenamed plaintiff; and take notice that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.
Witness (as in No.1.)
[Memoranda and Indorsements as in No.1. If the writ is indorsed with a statement of claim the form should be modified to comply with the directions given in No.2.]
Further indorsement to be made on the writ before the issue thereof:
This writ is to be used where the defendant or all the defendants or one or more defendant or defendants is or are out of the jurisdiction. When the defendant to be served is outside the Commonwealth of Australia notice of the writ, and not the writ itself, is to be served upon him.
[Form 3 amended in Gazette 9Nov1973 p.4165.]
No.4
O.5, R.2 / NOTICE OF WRIT OF SUMMONS FOR SERVICE OUT OF THE JURISDICTION[Heading as in action.]
To C.D. of
Take notice that of
has commenced an action against you in the Supreme Court of Western Australia by writ of summons of that Court issued on the day of
20 , which writ is indorsed as follows:—
[Copy the Indorsements.]
And you are required within days after the
receipt of this notice, exclusive of the day of such receipt, to cause an appearance to be entered for you in the said Court to the said action; and take notice that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.
You may appear to the said writ by entering an appearance personally or by your solicitor at the Central Office of the Supreme Court at Perth, Western Australia.
[If the writ is indorsed with a statement of claim add:
If you enter an appearance then, unless a summons for judgment is served on you in the meantime, you must also file a defence at the Central Office of the Supreme Court at Perth aforesaid, and serve such defence on [the solicitor for] the plaintiff within 14days after the last day of the time limited for entering an appearance, otherwise judgment may be entered against you without notice.]
(Signed) A.B. ofetc.
or X.Y. ofetc.
Solicitor for A.B.
This notice was served by me at
on the defendant C.D. on the day
of 20 .
(Signed)
(Address)
[Form 4 amended in Gazette 9Nov1973 p.4165.]
No.5
O.6, R.5 / INDORSEMENTS OF REPRESENTATIVE CAPACITY OF PARTIESThe plaintiff’s claim is as executor (or administrator) of C.D., deceased, for, etc.
The plaintiff’s claim is against the defendant A.B. as executor (or etc.) of C.D., deceased, for etc.
The plaintiff’s claim is against the defendant A.B. as executor of X.Y., deceased, for, etc. and against the defendant C.D., in his personal capacity, for, etc.
The plaintiff’s claim is as trustee under the bankruptcy of A.B. for
The plaintiff’s claim is as [or, the plaintiff’s claim is against the defendant as] trustee under the will of A.B. [or, under the settlement upon the marriage of A.B. and X.Y.].
The plaintiff’s claim is against the defendant A.B. as principal, and against the defendant C.D. as surety, for
[Form 5 amended in Gazette 30Jun2003 p.2631.]
No.5A
O.11A, R.1
REQUEST
FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, 15November1965.
Identity and address of the Applicant / Address of receiving authorityThe undersigned applicant has the honour to transmit—in duplicate—the documents listed below and, in conformity with article 5 of the abovementioned Convention, requests prompt service of one copy thereof on the addressee, i.e.,
(identity and address) ......
......
(a)in accordance with the provisions of subparagraph(a) of the first paragraph of article 5 of the Convention*.
(b)in accordance with the following particular method (subparagraph(b) of the first paragraph of article 5)*:
......
......
(c)by delivery to the addressee, if he accepts it voluntarily (second paragraph of article 5)*.
The authority is requested to return or to have returned to the applicant a copy of the documents—and of the annexes*—with a certificate as provided on the reverse side.
List of documents......
......
......
......
......
......
......
......
*Delete if inappropriate / Done at ...... , the ......
Signature and/or stamp.
[Form 5A inserted in Gazette 7Feb1992 p.688.]
No. 5B
DEMANDE
AUX FINS DE SIGNIFICATION OU DE NOTIFICATION A L’ÉTRANGER D’UN ACTE JUDICIAIRE OU EXTRAJUDICIAIRE
Convention relative à la signification et à la notification à l’étranger des actes judiciaires ou extrajudiciaires en matière civile ou commerciale, signée a La Haye, le 15Novembre 1965.
Identité et adresse du requérant / Adresse de l’autorité destinataireLe requérant soussigné a l’honneur de faire parvenir—en double exemplaire—àl’autorité destinataire les documents cidessous énumérés, en la priant, conformément àl’article 5 de la Convention précitée, d’en faire remettre sàns retard un exemplaire au destinataire, à savoir:
(identité et adresse) ......
......
a)selon les formes légales (article 5, alinéa premier, lettra a)*.
b)selon la forme particulière suivante (article 5, alinéa premier, lettre a)* ......
......
......
c)le cas échéant, par remise simple (article 5, alinéa 2)*.
Cette autorité est priée de renvoyer ou de faire renvoyer au requérant un exemplaire de l’acte—etde ses annexes*—avec l’attestation figurant au verso.
Énumération des pièces......
......
......
......
......
......
......
...... / Fait à ...... , le ......
Signature et/ou cachet
* Rayer les mentions inutiles.
[Form 5B inserted in Gazette 7Feb1992 p.689.]
No. 5C
O.11B, R.4(3)
REQUEST
FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, 15November1965.
Identity and address of the applicant / Address of receiving authority1.The undersigned applicant has the honour to transmit—in duplicate—the documents listed below and, in conformity with article 5 of the abovementioned Convention, requests prompt service of one copy thereof on the addressee, i.e.,
(identity and address) ......
......
(a)In accordance with the provisions of subparagraph(a) of the first paragraph of article 5 of the Convention*.
(b)In accordance with the following particular method (subparagraph(b) of the first paragraph of article 5)*:
......
......
(c)by delivery to the addressee, if he accepts it voluntarily (second paragraph of article 5)*.
2.The authority is requested to return or to have returned to the applicant a copy of the documents—and of the annexes*—with a certificate as provided on the reverse side.
3.The authority is requested to attempt*/not to attempt* service where the period for entering an appearance has expired.
4.Where the addressee cannot be traced from the address set out in clause1, additional information regarding the correct address may be obtained from ...... *.
5.Where a certificate referred to in clause2 is completed by a person or body other than a Central Authority or judicial authority, the certificate is required*/not required* to be countersigned by the Central Authority or a judicial authority.
List of documents......
......
......
......
......
......
......
*Delete if inappropriate. / Done at ...... , the ......
Signature and/or stamp.
[Form 5C inserted in Gazette 7Feb1992 p.690.]
No. 5D
O.11A, R.3(1)(iv)
O.11B, R.4(1)(d)
SUMMARY OF THE DOCUMENT TO BE SERVED
Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, on 15November, 1965.
Name and address of the requesting authority: ......
......
......
Particulars of the parties*: ......
......
......
JUDICIAL DOCUMENT**
Nature and purpose of the document: ......
......
......
Nature and purpose of the proceedings and,
where appropriate, the amount in dispute: ......
......
......
Date and place for entering appearance**: ......
......
......
Court which has given judgment**: ......
......
Date of judgment**: ......
Time limits stated in the document**: ......
EXTRAJUDICIAL DOCUMENT**
Nature and purpose of the document: ......
......
......
Time limits stated in the document**: ......
......
......
*If appropriate, identity and address of the person interested in the transmission of the document.
**Delete if inappropriate.
[Form 5D inserted in Gazette 7Feb1992 p.691.]
No. 5E
O.11A, R.6(a)
O.11B, R.6(1)
Reverse of the request for service
CERTIFICATEThe undersigned authority has the honour to certify, in conformity with article 6 of the Convention,
(1)that the document has been served*
—the (date) ......
—at (place, street, number) ......
......
—In one of the following methods authorised by article5—
(a)in accordance with the provisions of subparagraph(a) of the first paragraph of article 5 of the Convention*.
(b)in accordance with the following particular method*:
......
......
(c)by delivery to the addressee, who accepted it voluntarily*.
The documents referred to in the request have been delivered to:
—(Identity and description of person): ......
......
—Relationship to the addressee (family, business or other):
......
(2)that the document has not been served, by reason of the following facts*:
......
......
......
In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached statement*.
Annex II
Documents returned: ......
......
......
In appropriate cases, documents establishing the service: ......
......
......
......
* Delete if inappropriate / Done at ...... , the ......
Signature and/or stamp.
[Form 5E inserted in Gazette 7Feb1992 p.692.]
No. 5F
O.11B, R.4(1)(e)
WARNING STATEMENT
identité et addresse du destinataire
identity and address of the addressee
TRÈS IMPORTANT
LE DOCUMENT CIJOINT EST DE NATURE JURIDIQUE ET PEUT AFFECTER VOS DROITS ET OBLIGATIONS. LES ÉLÉMENTS ESSENTIELS DE L’ACTE VOUS DONNENT QUELQUES INFORMATIONS SUR SA NATURE ET SON OBJECT. IL EST TOUTEFOIS INDISPENSABLE DE LIRE ATTENTIVEMENT LE TEXTE MÊME DU DOCUMENT. IL PEUT ÊTRE NÉCESSAIRE DE DEMANDER UN AVIS JURIDIQUE.
SI VOS RESSOURCES SONT INSUFFISANTES, RENSEIGNEZVOUS SUR LA POSSIBILITÉ D’OBTENIR L’ASSISTANCE JUDICIAIRE ET LA CONSULTATION JURIDIQUE SOIT DANS VOTRE PAYS SOIT DANS LE PAYS D’ORIGINE DU DOCUMENT.
LES DEMANDES DE RENSEIGNEMENTS SUR LES POSSIBILITÉS D’OBTENIR L’ASSISTANCE JUDICIAIRE OU LA CONSULTATION JURIDIQUE DANS LE PAYS D’ORIGINE DU DOCUMENT PEUVENT ÊTRE ADDRESSÉES: ......
IMPORTANT
THE ENCLOSED DOCUMENT IS OF A LEGAL NATURE AND MAY AFFECT YOUR RIGHTS AND OBLIGATIONS. THE SUMMARY OF THE DOCUMENT TO BE SERVED WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NECESSARY TO SEEK LEGAL ADVICE.
IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED.
ENQUIRIES ABOUT THE AVAILABILITY OF LEGAL AID OR ADVICE IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED MAY BE DIRECTED TO: ......
Il est recommandé que les mentions imprimées dans cette note soient rédigées en langue francaise et en langue anglaise et le cas échéant, en outre, dans la langue ou une des langues officielles de l’État d’origine de l’acte. Les blancs pourraient être remplis soit dans la langue de l’État où le document doit être addressé, soit en langue francaise, soit en langue anglaise.
It is recommended that the standard terms in the notice be written in English and French and where appropriate also in the official language, or in one of the official languages of the State in which the document originated. The blanks could be completed either in the language of the State to which the document is to be sent, or in English or French.
[Form 5F inserted in Gazette 7Feb1992 p.693.]
O.12, R.2(2) / No. 6MEMORANDUM OF APPEARANCE
(Heading as in action)
Enter an appearance for
in this action.
Dated this day of 20 .
(Signed) X.Y. of
Agent for
of
(or) C.D., defendant
in person
* If this address isbeyond 66kilometres
from the
Supreme Court
at Perth
an address for service within 66kilometres thereof must be given. / The place of business of X.Y. is*
His address for service is
* If the writ carried the indorsements required by the Service and Execution of Process Act1992 of the Commonwealth the address must comply with such indorsements. / The address of C.D. is*
His address for service is
[Form 6 amended in Gazette 29Mar1974 p.1042; 31Mar1983 p.1090; 1Mar1994 p.789.]
O.12, R.10 / No. 7NOTICE LIMITING DEFENCE
(Heading as in action)
Take notice that the [abovenamed] defendant A.B. limits his defence to the part only of the property mentioned in the statement of claim, namely, [to the close called “The Big Field”].
Dated the day of 20 .
(Signed)
ofAgent for
of
Solicitor for the said
defendant C.D.
(or) C.D., defendant in person.
O.17, R.12(2) / No. 8
NOTICE OF CLAIM TO GOODS TAKEN IN EXECUTION
(Heading as in action)
Take notice that A.B. has claimed the goods [or, certain goods] [where only certain goods are claimed here enumerate them] taken in execution by the sheriff under the writ of execution issued in this action. You are hereby required to admit or dispute the title of the said A.B. to the said goods and give notice thereof in writing to the said sheriff within 4days from the receipt of this notice, failing which the said sheriff may issue an interpleader summons. If you admit the title of the said A.B. to the said goods, and give notice thereof in manner aforesaid to the said sheriff you will only be liable for any fees and expenses incurred prior to the receipt of the notice admitting the claim.
Dated, etc.
(Signed)
sheriff.
To the plaintiff
[Form 8 amended in Gazette 9Nov1973 p.4165.]
O.17, R.12(2) / No. 9NOTICE OF PLAINTIFF OF ADMISSION OR DISPUTE OF TITLE OF CLAIMANT
(Heading as in action)
Take notice that I admit [or, dispute] the title of A.B. to the goods [or, to certain of the goods, namely (set them out)] seized by you under the execution issued under the judgment in this action.
(Signed) Plaintiff or
Solicitor.
To the sheriff and his officers.
[Form 9 amended in Gazette 9Nov1973 p.4165.]
O.18, R.3(5) / No. 10(1) NOTICE TO BE INDORSED ON COPY OF COUNTERCLAIM
* Insert number of days limited for appearance / To X.Y.
Take notice that, if you intend to defend this Counterclaim, an appearance must be entered to the Counterclaim on your behalf within *
days after the service of this defence and counterclaim on you, exclusive of the day of service, otherwise judgment may be given against you without further notice.
The person served with this Counterclaim may enter an appearance either personally or by a solicitor at the Central Office of the Supreme Court at Perth.
O.18, R.3 / (2) MEMORANDUM OF APPEARANCE TO COUNTERCLAIM
[As in No. 6 but substituting for the title of the action the following:— ]
Between
Plaintiff(s)
and
Defendant(s)
(by original action)
And between
the said
Plaintiff(s)
and
the said
Defendant(s)
(by counterclaim)
[and substituting for the request to enter appearance the following: ]
Enter an appearance for [full name of defendant to counterclaim wishing to appear] to the Counterclaim of the abovenamed defendant
in this action.
O.18, R.8(3) / (3) MEMORANDUM OF APPEARANCE OF PERSON ADDED AS DEFENDANT
[As in No. 6 but substituting for the title of the action the following: ]
Between
Plaintiff(s)
and
Defendant(s)
And between
Plaintiff(s)
and
Defendant(s)
(by original writ and by order)
[and substituting for the request to enter appearance the following: — ]
Enter an appearance for [full name of added defendant] who has been served with an order dated the day of 20 , making him a defendant to the action.
O.19, R.1 / No. 11
THIRD PARTY NOTICE (GENERAL FORM)
In the Supreme Court20 . No.
of Western Australia.Between
A.B., Plaintiff,
and
C.D., Defendant,
and
E.F., Third Party
THIRD PARTY NOTICE
[Issued pursuant to the order of
dated the day of ]
To E.F. of
Take notice that this action has been brought by the plaintiff against the defendant. In it the plaintiff claims against the defendant [here state concisely the nature of the plaintiff’s claim] as appears from the writ of summons [and statement of claim] a copy [copies] whereof is [are] served herewith.
The defendant claims against you [here state concisely the nature of the claim against the third party, as for instance] to be indemnified against the plaintiff’s claim and the costs of the action, [or] contribution to the extent of [onehalf] of the plaintiff’s claim [or] the following relief or remedy, namely
on the grounds that [state concisely the grounds of the claim against the third party].
* Fix time in accordance with O.5 R.11 / And take notice that if you wish to dispute the plaintiff’s claim against the defendant, or the defendant’s claim against you, you must cause an appearance to be entered for you within*
days after the service of this notice upon you, otherwise you will be deemed to admit the plaintiff’s claim against the defendant and the defendant’s claim against you and your liability to [indemnify the defendant, or to contribute to the extend claimed, or to
(stating the relief or remedy sought)] and will be bound by any judgment or decision given in the action, and the judgment may be enforced against you in accordance with Order 19 of the Rules of the Supreme Court.
Dated. etc.
(Signed)
Solicitor for the defendant.
Appearance is to be entered at the Central Office, Supreme Court, Perth.
O.19, R.1 / No. 12
THIRD PARTY NOTICE WHERE QUESTION OR ISSUE TO BE DETERMINED
[As in Form No. 11 down to “a copy whereof is served herewith” and proceed:— ]
The defendant requires that the following question or issue, viz, [here state the question or issue required to be determined] should be determined not only as between the plaintiff and the defendant but also as between either or both of them and yourself.
*Fix time in accordance with O.5, R.11. / And take notice that if you wish to be heard on the said question or issue or to dispute the defendant’s liability to the plaintiff or your liability to the defendant you must cause an appearance to be entered for you within* days after the service of this notice on you, otherwise you will be bound by any judgment or decision given in the action in so far as it is relevant to the said question or issue, and the judgment may be enforced against you in accordance with Order 19 of the Rules of the Supreme Court.
Dated, etc, [as in Form No. 11].
[Form 12 amended in Gazette 9Nov1973 p.4165.]