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1、DISTRICT COURT PRACTICE DIRECTIONS TO OPERATEIN CONJUNCTION WITH THE DISTRICT COURT CIVIL RULES 2006Part 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
2、 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 All Practice Directions made prior to that date are superseded by these Directions except in relation to actions governed by the old Rules for which purpose they continue to apply.Expressions in the Practice Directions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.Th
3、ese 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 s
4、equential numbering.These Practice Directions have been amended by:Date of OperationAmendment # 11 May 2007Amendment # 21 January 2008Amendment # 31 June 2008Amendment # 41 July 2008Amendment # 51 January 2009Amendment # 61 March 2009Amendment # 71 April 2009Amendment # 81 November 2010Amendment # 9
5、31 August 2009Part I onlyAmendment # 1023 December 2009Part I onlyAmendment # 111 May 20101 July 2010paragraphs 1-11, 12(b), 15-17paragraphs 12(a) and 14Amendment # 121 July 2010Amendment # 131 October 2010Amendment # 149 November 2010Part I onlyAmendment # 151 February 2011Amendment # 1612 Septembe
6、r 2011Amendment #171 April 2012Part 1 onlyAmendment #181 December 2012Amendment #191 May 2013Part 1 onlyAmendment #201 July 2013PART2 - APPROVED FORMS (Rule 42)Index of FormsTitle1Front Sheet1AFrontsheet Administrative and Disciplinary Division1BFrontsheet Criminal Injuries Division2Summons2ASummons
7、3Statement of Claim4Summons (no defendant)5Summons under PartXVII Real Property Act 18866Notice of Summons to be Served Outside Australia7Notice8Notice of Change of Solicitor/Address for Service9Defence10Reply11Cross Action (Counterclaim)12Cross Action (Contribution Notice)13Third Party Notice14Affi
8、davit15Cross-Action (Counterclaim) When not all Defendants to the Counterclaim are Plaintiffs16Interlocutory Application17Electronic Non-contentious Applications and Minutes18Application to Registrar19Certificate by Shadow Expert20List of Documents21Notice to Produce22Notice to Admit23Offer of Settl
9、ement24Acceptance of Offer25Certificate of Readiness for Trial26Subpoena26ASubpoena Declaration by Addressee27Short Form Claim for Costs28Itemised Schedule of Costs for Adjudication29Notice of Appeal29ANotification of Appeal from a Decision of the Guardianship Board29BNotice of Address for Service A
10、ppeal from a Decision of the Guardianship Board 30Inapplicable in the District Court30AInapplicable in the District Court31Summons for Contempt32Summons for Examination of Judgment Debtor33Request for Issue of Warrant34Warrant of Possession35Warrant of Arrest36Warrant of Sale37Notice of Claim to Pro
11、perty Subject to Execution38Inapplicable in the District Court39Inapplicable in the District Court40Other Documents41Inapplicable in the District Court42Freezing Order43Search Order44Notice to defendants for issue of warrant of possession 45Notice to occupiers for issue of warrant of possession 46Re
12、quest by defendant/occupier for hearing to oppose issue of warrant of possession47Certificate 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 We
13、alth) 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 Org
14、anised Crime (Unexplained Wealth) Act 2009.54Application for Fixing Costs55Litigation PlanHistory of AmendmentDistrict Court Practice Directions 2006, Part II Approved FormsiiCurrent to Amendment No 20 (1 July 2013)FORM 1FDN computer generatedIN THE SUPREME DISTRICT COURT OF SOUTH AUSTRALIANo ofBETW
15、EENName and Another / Others, Nature of Party/PartiesandName and Another / Others, Nature of Party/PartiesDocument type, eg Summons, Third Party Notice, etc.Filed on behalf of the Nature of Party/Parties, Name(s) by Solicitor ORFiled by Nature of Party/Parties Name(s)Address Mandatory FieldTelephone
16、MobileFacsimileDX BoxEmailL CodeP CodeIf 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 electronicallyFORM 1AIN THE DISTRICT COURT OF SOUTH AUSTRALIA ADMINISTRATIVE A
17、ND DISCIPLINARY DIVISIONNoof BETWEEN Name and Another/Others, Nature of Party/Parties and Name and Another/Others, Nature of Party/PartiesDocument 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 Nam
18、e(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 electronicallyFORM 1BIN THE DIS
19、TRICT COURT OF SOUTH AUSTRALIA CRIMINAL INJURIES DIVISIONNoof BETWEEN Name and Another/Others, Nature of Party/Parties and Name and Another/Others, Nature of Party/PartiesDocument type, eg Summons, Application, etc.Filed on behalf of the Nature of Party/Parties, Name(s) by Solicitor OR Filed by Natu
20、re 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 electron
21、icallyFORM 2Rule34SUMMONSSummons 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
22、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 accompani
23、ed 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
24、 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
25、the Courts Administration Authority (www.courts.sa.gov.au) or by telephoning the Registry of the Court (82040289).If the proceedings were commenced using the Courts electronic filing system, the Notice of Address for Service may be filed electronically through the above Website of the Courts Adminis
26、tration 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 Actor Rule No. of the Court Rules.This Summons has the foll
27、owing 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)SignedSolicitor for the Plaintiff(s) ORPlaintiff(s)NOTES :1.If this document is filed electronically, the in
28、itials 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(
29、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 t
30、here 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 SUMMONSSummons issued by/on behalf of Name(s) of Party/Parties of Address(es). To the Defendant(s), Name(s), of A
31、ddress(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 servi
32、ce 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 (www.c
33、ourts.sa.gov.au) or by telephoning the Registry of the Court (82040289). If the proceedings were commenced using the Courts 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
34、 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 Distri
35、ct 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 ComplainantOR Complainant NOTES:1. If this document is filed electronically, the init
36、ials 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 and99STAT
37、EMENT OF CLAIMPart 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 f
38、or 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 4Rule34SUMMONS (no defendant)Summons issued by / on behalf o
39、f Name(s) of Party/Parties, of Address(es) .The following orders are sought:-Summons issued pursuant to Section No of the Actor 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. SignedSolicitor for the Plaintiff(
40、s) ORPlaintiff(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 and204SUMMONS UNDER PART XVIIOF THE REAL PROPERTY ACT 1886Summons issued by/on behalf of Name (s) of Party/Part
41、ies 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 and Folio reference(s)The detailed facts alleged a
42、nd 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.atam/pm, when the matte
43、r 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) ORPlaintiff(s)NOTE :If th
44、is 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 SERVEDOUTSIDE AUSTRALIATo 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 is