Commencing Proceedings COPY

Question 1

R 6.1

Answer 1

Generally no step in the proceeding until appearance entered or OP filed

Question 2

R 6.2

Answer 2

Generally may commence by summons or SOC. valid for service for six months in LC or SC, 1 month in DC if in NSW

Question 3

R 6.3

Answer 3

SOC must be used for claim for relief in relation to debt, based in tort, for fraud, for damages for breach of duty for personal injury, for the possession of land, for defamation

Question 4

R 6.4

Answer 4

Summons must be used where no defendant, for appeal (other than those assigned to COA), preliminary discovery application, proceedings to be entered in commercial list, transfer order part 9. May be used for injunction.

Question 5

Rr 6.5-6

Answer 5

Irregularity as to form of OP does not void proceedings

Question 6

R 6.12

Answer 6

OP must specifically state relief claimed including aggravated or exemplary damages but not costs - interest up to judgment must be specifically claimed

Question 7

R 6.13-4

Answer 7

Things that must state - must be stated to result in judgment if no Defence filed