Writ of Summons Which, Or Notice of Which, Is to Be Served out of the Jurisdiction (O

Writ of summons which, or notice of which, is to be served out of the jurisdiction (O.5r. 2)

(Headings 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”. / You are commanded 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 the 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; 28Jul2010 p.3485-6; 28Jun2011 p.2556.]

4. Notice of writ of summons for service out of the jurisdiction (O.5r. 2)

[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. of etc.

or X.Y. of etc.

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; 28Jun2011 p.2556.]