District Court Practice Directions to Operate in Conjunction with the District Court Civil

DISTRICT COURT PRACTICE DIRECTIONS TO OPERATE
IN CONJUNCTION WITH THE DISTRICT COURT CIVIL RULES 2006

Part II – Approved Forms

(These Practice Directions are made by the Chief Judge pursuant to Rule11.)

These Practice Directions only apply on and after 4 September 2006 and to actions which are governed by the District Court Civil Rules 2006. All Practice Directions made prior to that date are superseded by these Directions except in relation to actions governed by the old Rules for which purpose they continue to apply.

Expressions in the Practice Directions bear the meanings given to them in Rule4.

These Practice Directions may be referred to as the District Court Practice Directions 2006.

These Practice Directions are the same as the corresponding Supreme Court Practice Directions unless indicated otherwise, and if a Supreme Court Practice Direction is inappropriate, there will be a gap in the sequential numbering.

These Practice Directions have been amended by:

PART2 - APPROVED FORMS (Rule 42)

Index of Forms

Title

1Front Sheet

1A[Frontsheet – Administrative and Disciplinary Division]

1B[Frontsheet – Criminal Injuries Division]

2Summons

2ASummons

3Statement of Claim

4Summons (no defendant)

5Summons under PartXVII Real Property Act 1886

6Notice of Summons to be Served Outside Australia

7Notice

8Notice of Change of Solicitor/Address for Service

9Defence

10Reply

11Cross Action (Counterclaim)

12Cross Action (Contribution Notice)

13Third Party Notice

14Affidavit

15Cross-Action (Counterclaim) When not all Defendants to the
Counterclaim are Plaintiffs

16Interlocutory Application

17Electronic Non-contentious Applications and Minutes

18Application to Registrar

19Certificate by Shadow Expert

20List of Documents

21Notice to Produce

22Notice to Admit

23Offer of Settlement

24Acceptance of Offer

25Certificate of Readiness for Trial

26Subpoena

26ASubpoena – Declaration by Addressee

27Short Form Claim for Costs

28Itemised Schedule of Costs for Adjudication

29Notice of Appeal

29ANotification of Appeal from a Decision of the Guardianship Board

29BNotice of Address for Service [Appeal from a Decision of the Guardianship Board]

30Inapplicable in the District Court

30AInapplicable in the District Court

31Summons for Contempt

32Summons for Examination of Judgment Debtor

33Request for Issue of Warrant

34Warrant of Possession

35Warrant of Arrest

36Warrant of Sale

37Notice of Claim to Property Subject to Execution

38Inapplicable in the District Court

39Inapplicable in the District Court

40Other Documents

41Inapplicable in the District Court

42Freezing Order

43Search Order

44Notice to defendants for issue of warrant of possession

45Notice to occupiers for issue of warrant of possession

46Request by defendant/occupier for hearing to oppose issue of warrant of possession

47Certificate of compliance with Rule 204A(3).

48Request for Service Abroad of Judicial Documents and Certificate.

49Summary of the Document to be Served.

50Applications under the Serious and Organised Crime (Unexplained Wealth) Act 2009.

51Warrant for search and seizure under the Serious and Organised Crime (Unexplained Wealth) Act 2009.

52Notice of objection to a restraining order under the Serious and Organised Crime (Unexplained Wealth) Act 2009.

53Application for an unexplained wealth order under the Serious and Organised Crime (Unexplained Wealth) Act 2009.

54Application for Fixing Costs

55Litigation Plan

[History of Amendment]

District Court Practice Directions 2006, Part II – Approved Forms1

Current to Amendment No 20 (1 July 2013)

FORM 1

FDN [computer generated]

IN THE SUPREME [DISTRICT] COURT OF SOUTH AUSTRALIA

Noof

BETWEEN

[Name] [and Another / Others], [Nature of Party/Parties]

and

[Name] [and Another / Others], [Nature of Party/Parties]

[Document type, eg Summons, Third Party Notice, etc.]

Filed on behalf of the [Nature of Party/Parties], [Name(s)] by [Solicitor]

[OR]

Filed by [Nature of Party/Parties] [Name(s)]

[Address] [Mandatory Field]

[Telephone]

[Mobile]

[Facsimile]

[DX Box]

[Email]

['L' Code]

[‘P’ Code]

If the above addresses are not the addresses for service under Rule58, state the addresses for service.

Settled by:

Date and time of filing or transmission: [Computer generated if filed electronically]

FORM 1A

IN THE DISTRICT COURT OF SOUTH AUSTRALIA

ADMINISTRATIVE AND DISCIPLINARY DIVISION

Noof

BETWEEN

[Name] [and Another/Others], [Nature of Party/Parties]

and

[Name] [and Another/Others], [Nature of Party/Parties]

[Document type, eg Summons, Application, Complaint etc.]

Filed on behalf of the [Nature of Party/Parties], [Name(s)] by [Solicitor]

[OR]

Filed by [Nature of Party/Parties] [Name(s)]

[Address] [Mandatory Field]

[Telephone]

[Mobile]

[Facsimile]

[DX Box]

[Email]

['L' Code]

[‘P’ Code]

If the above addresses are not the addresses for service under Rule 58, state the addresses for service.

Settled by:

Date and time of filing or transmission: [Computer generated if filed electronically]

FORM 1B

IN THE DISTRICT COURT OF SOUTH AUSTRALIA

CRIMINAL INJURIES DIVISION

Noof

BETWEEN

[Name] [and Another/Others], [Nature of Party/Parties]

and

[Name] [and Another/Others], [Nature of Party/Parties]

[Document type, eg Summons, Application, etc.]

Filed on behalf of the [Nature of Party/Parties], [Name(s)] by [Solicitor]

[OR]

Filed by [Nature of Party/Parties] [Name(s)]

[Address] [Mandatory Field]

[Telephone]

[Mobile]

[Facsimile]

[DX Box]

[Email]

['L' Code]

[‘P’ Code]

If the above addresses are not the addresses for service under Rule 58, state the addresses for service.

Settled by:

Date and time of filing or transmission: [Computer generated if filed electronically]

FORM 2Rule34

SUMMONS

Summons issued [by/on behalf of] [Name(s) of Party/Parties] of [Address(es)].

To the [Defendant(s)], [Name(s)], of [Address(es)].

You are advised that the Plaintiff(s) make(s) a claim against you or which may affect you. Details of the claim and orders sought are attached.

If this Summons is accompanied by a Statement of Claim, and you wish to defend the claim, you or your solicitor must:

(a)file a Notice of Address for Service within 14days after service of this Summons on you; and

(b)file a Defence within 28days after service of the Statement of Claim.

If this Summons is not accompanied by a Statement of Claim but by an Affidavit, and you wish to defend the claim, you or your solicitor must:

(a)file a Notice of Address for Service within 14days after service of this Summons on you; and

(b)file an answering Affidavit within 28days after service of the Affidavit relied upon by the Plaintiff.

The Notice of Address for Service, and Defence or answering Affidavit, as the case may be, must be filed at a Registry of the Court. If you do not have a solicitor, you may attend personally at a Registry to do this. A list of the Registry addresses may be obtained through the Website of the Courts Administration Authority ( or by telephoning the Registry of the Court (82040289).

If the proceedings were commenced using the Court’s electronic filing system, the Notice of Address for Service may be filed electronically through the above Website of the Courts Administration Authority.

If a Notice of Address for Service, and a Defence or answering Affidavit, as the case may be, is not filed within the time stated, orders may be made against you in your absence.

Summons issued pursuant to [Section[No] of the [Act]]

[or] [Rule [No.] of the [Court] Rules].

This Summons has the following statutory endorsements under section [No.] of the [Act] [or] Rule [No] of the [Court] Rules:

(If no statement of claim attached) The orders sought are:

(set out brief statement of the orders sought)

[Signed]……………………………

[Solicitor for the Plaintiff(s)]

[OR]

[Plaintiff(s)]

NOTES :

1.If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

2.If the full name of a party is not known the summons may be endorsed as follows:

“Any better full name of the [Nature of the Party] is not known, and not reasonably ascertainable by, the plaintiff(s)”

3.If the plaintiff intends to apply for an authorisation under Rule81 the summons is to bear the following endorsement under Rule81(2):

“The plaintiff(s) bring(s) this action as representative(s) of a group of which each member has a common interest being [set out question of law or fact in which there is a common interest] and intends to apply for the necessary authorisation under Rule81.”

4.As to other endorsements which may be required on a summons see Rule38(3)(a).

FORM 2ARule 34

SUMMONS

Summons issued [by/on behalf of] [Name(s) of Party/Parties] of [Address(es)].

To the [Defendant(s)], [Name(s)], of [Address(es)]

You are advised that the Complainant makes a complaint against you or which may affect you. Details of the complaint and orders sought are [attached/set out below].

If you wish to defend the complaint, you or your solicitor must file a Notice of Address for Service within 14 days after service of this Summons on you.

The Notice of Address for Service may be filed at a Registry of the Court. If you do not have a solicitor, you may attend personally at a Registry to do this. A list of the Registry addresses may be obtained through the Website of the Courts Administration Authority ( or by telephoning the Registry of the Court (82040289).

If the proceedings were commenced using the Court’s electronic filing system, the Notice of Address for Service may be filed electronically through the above Website of the Courts Administration Authority.

If a Notice of Address for Service is not filed within the time stated, orders may be made against you in your absence.

Summons issued pursuant to [Section [No] of the [Act]] [or] [Rule [No.] of the District Court Rules 2006.

This Summons has the following statutory endorsements under section [No.] of the [Act] [or] Rule [No] of the District Court Rules 2006:

(If no details of the complaint and orders sought are attached)

The particulars of the complaint and the orders sought are:

(set out brief statement of the orders sought)

[Signed] ……………………………

[Solicitor for the Complainant]

[OR]

[Complainant]

NOTES:

1. If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.
2. If the full name of a party is not known the summons may be endorsed as follows:

“Any better full name of the defendant is not known, and is not reasonably ascertainable”.

FORM 3Rules 98 and99

STATEMENT OF CLAIM

Part 1:

The causes of action, the basis of them and the material facts are:-

Part 2:

The remedies sought are:-

Certificate :

This pleading is put forward in accordance with the instructions of the [Nature of Party/Parties], and it complies with the [ ]Court Civil Rules 2006.

[Signed] ..………………………………………..………….(Solicitor for the party or the party in person)

Print Name :…………………………....……………………………………………………………………

Date ………………………………….………………………………………………………………………

(See Practice Direction3.11)

If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM 4Rule34

SUMMONS (no defendant)

Summons issued [by / on behalf of ] [Name(s) of Party/Parties], of [Address(es)] .

The following orders are sought:-

Summons issued pursuant to [Section [No] of the [Act]]

[or] [Rule [No.] of the [Court] Rules].

The above application will be heard by a [Judge/Master] in Chambers at [Place] at [Time] am/pm, on [date] [month] [year].

[Signed]……………………………

[Solicitor for the Plaintiff(s)]

[OR]

[Plaintiff(s)]

NOTE :If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM5Rules34 and204

SUMMONS UNDER PART XVII

OF THE REAL PROPERTY ACT 1886

Summons issued [by/on behalf of] [Name (s) of Party/Parties] of [Address(es)].

To the [Defendant(s)], [Name(s)], of [Address(es)].

The Plaintiff(s) make(s) a claim against you for an order for possession of the following property:

[Detailed description of property, to include address and certificate of title Volume andFolio reference(s)]

The detailed facts alleged and orders sought by the Plaintiff(s) are set out in the affidavits filed in the proceedings in support of this summons, copies of which are served herewith.

If you wish to defend the claim, you must attend either personally or by solicitor at [Place of Hearing] on the………………… day of………………….20…….at……………am/pm, when the matter will be heard.

If no one attends at this time, the order(s) sought, or some other order may be made in your absence.

This Summons is issued pursuant to Part XVII of the Real Property Act 1886, and Rule 204 of the […………….]Court Civil Rules 2006.

[Signed]………………………………………..…

[Solicitor for the Plaintiff(s)]

[OR]

[Plaintiff(s)]

NOTE :If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM 6Rule 40(3)

NOTICE OF SUMMONS TO BE SERVED

OUTSIDE AUSTRALIA

To the [Defendant(s)], [Name(s)] of [Address(es)].

TAKE NOTICE that [Name(s) of Plaintiff(s)] of [Address(es) of Plaintiff(s)]has / have commenced an action against you in the [Court] of South Australia by a Summons issued on [date issued] in [Action No.]. Copies of the Summons and the Statement of Claim are attached hereto.

You must within [number] days of the service of this Notice upon you, file a notice of address for service in accordance with the Rules of Court in the Registry of the [Court] of South Australia, at [address] in the State of South Australia if you wish to defend the action.

If you do not file such a notice of address for service, judgment may be given against you in your absence, without further notice.

[Signed]…………………..…………………………..…

[Solicitor for the Plaintiff(s)]

[OR]

[Plaintiff(s)]

(To be used where directed by the Court or where the law of the place of service does not allow service of a summons.)

FORM 7 Rules 23(1)(b), 23(2)(a) and 59(3)

NOTICE OF (Insert nature of notice)

(The inapplicable paragraphs of this Form must be deleted)

1.Notice of Address for Service by a Defendant (Rule 59(3))

The Defendant(s), [Name(s)] acknowledge (s) the service of the [document] in this action.

2.Notice of Acting by a Solicitor (Rule 23(1)(b))

AB, solicitor, now acts for the [Nature of Party/Parties] [Name(s)].

(Whoever is named here as the solicitor will be the solicitor on the record under Rule 23(1)).

3.Notice of Acting in Person (Rule 23(2)(a))

The [Nature of Party/Parties] [Name(s)] are not longer represented by a solicitor and act in person.

The Address for Service of such [Nature of Party/Parties] is shown on Form 1 attached hereto.

[Signed] …………………………………….

[Solicitor for the abovenamed [Nature of Party/Parties] [Names] ]

[OR]

[Name(s)], [Nature of Party/Parties] ]

NOTE: If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM 8Rules23(2)(b) and 59(4)

NOTICE OF CHANGE OF SOLICITOR/ADDRESS FOR SERVICE

(The inapplicable paragraphs of this Form must be deleted)

1.Notice of Change of Solicitor (s 23(2)(b))

AB, Solicitor now acts for the [Nature of Party/Parties], [Name(s)].

(Whoever is named here as the new Solicitor will be the Solicitor on the record under R23(1))

2.Notice of Change in the Address for Service

The Address for Service of the [Nature of Party/Parties], [Name(s)] is changed and is now as shown on the attached Form 1.

[Signed] …………………………………….

[Solicitor for the [Nature of Party/Parties], [Name(s)] ]

[OR]

[Name(s)], [Nature of Party/Parties] ]

NOTE: If this document is filed electronically, the initials and name(s) of the issuing Solicitor of Party/Parties should be typed in, in lieu of a signature.

FORM 9Rules98 and100

DEFENCE

In answer to the statement of claim the [Nature of Party/Parties], [Name(s)]:

1Admits paragraphs (specify their numbers) of the statement of claim.

2.Pleads the following preliminary issues, special defences and material facts relied upon.

Certificate :

This pleading is put forward in accordance with the instructions of the [Nature of Party/Parties], and it complies with the [ ] Court Civil Rules 2006.

[Signed] ..………………………………………………….(solicitor for the party or the party in person)

PrintName …………………………....………………………………………………………………….

Date ……………………………………………………………………………………………….

(See Practice Direction3.11)

If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM 10Rules98 and 101

REPLY

In answer to the defence of the [Nature of Party/Parties], [Name (s)]:

1.Admits paragraphs (specify their numbers) of the defence.

2.Does not propose to challenge at the trial paragraphs (specify their numbers) of the defence.

3.Pleads the following answers to any special defence and material facts.

[Plead in successive numbered paragraphs]

[If applicable]

In answer to the counterclaim of the Nature of Party/Parties], [ [Name (s)]] the Nature of Party/Parties],[Name(s)] say(s):

[Plead in successive numbered paragraphs]

Certificate :

This pleading ……………. (as in Form3)

FORM 11Rules35 and 38

CROSS ACTION (COUNTERCLAIM)

The [Nature of Party/Parties],[Name(s)]counterclaim(s) against the Nature of Party/Parties], [Name(s)].

Part 1:

The facts and basis of the counterclaim are:

Part 2:

The orders sought are:

Certificate :

This pleading is put forward in accordance with the instructions of the [Nature of Party/Parties], and it complies with the [ ] Court Civil Rules 2006.

[Signed] ..…………………………….……………..…….(Solicitor for the party or the party in person)

Print Name:……………………………………………………………………………………..…....……

Date …………………………………………………………………………..…………………….………

(See Practice Direction3.11)

If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM 12Rules35(2) and 91(3)

CROSS ACTION (CONTRIBUTION NOTICE)

To the [Nature of Party/Parties], [Name(s)]

In this action the [Nature of Party/Parties], [Name(s)], of [Address(es)], claim(s) the following relief against you:

[Signed] …………………………………………………….

[Solicitor for the [Nature of Party/Parties]]

[OR]

[Name(s)],[Nature of Party/Parties]

NOTE :If this document is filed electronically, the initials and name(s) of the issuing Solicitor or Party/Parties should be typed in, in lieu of a signature.

FORM 13Rule36

THIRD PARTY NOTICE

To the [Third Party/Parties], [Name(s)] of [Address(es)].

This action has been brought by the Plaintiff(s) against the Defendant(s). The Plaintiff’s(s’) claim against the Defendant(s) is set out in the copy Summons and Statement of Claim or Affidavit(s) attached hereto.

The Defendant(s), [Name(s)], claim(s) against you on the grounds contained in the separate Statement of Claim also attached hereto.

If you wish to dispute the Plaintiff’s(s’) claim against the Defendant, or the Defendant’s(s’) claim against you, you must file a Notice of Address for Service within 14days after the service of this Notice upon you and then file a Defence, in accordance with the Rules of Court.

The Notice of Address for Service must be filed at a Registry of the Court. If you do not have a solicitor, you may attend personally at a Registry to do this. A list of the Registry addresses may be obtained through the Website of the Courts Administration Authority ( or by telephoning the Registry of the Court (8204 0289).