IN THE SUPREME COURT OF WESTERN AUSTRALIA



IN THE SUPREME COURT OF WESTERN AUSTRALIA

HELD AT PERTH

CIV       of 20      

BETWEEN:

      Plaintiff

and

      Defendant

GENERAL FORM OF WRIT OF SUMMONS

|Date of Document: |      |

|Filed on behalf of: |The Plaintiff |

|Date of Filing: | |

|Prepared by: | |

|      |TELEPHONE:       |

| |REF:       |

| | |

________________________________

To:       of      

     

in the State of Western Australia

You are commanded 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 note that in default of your so doing the plaintiff may proceed therein and judgment may be given in your absence.

WITNESS: THE HONOURABLE PETER QUINLAN Chief Justice of Western Australia, the       day of       20 .

NOTE: This writ may not be served later than 12 calendar 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, Barrack Street Perth.

INDORSEMENT OF CLAIM

The plaintiff's claims is for

Place of Trial: Perth

(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 that one sixth be disallowed the plaintiff 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 endorsement of the claim)

This writ was issued by or on behalf of the plaintiff.

The plaintiff’s geographical address1 is:

The plaintiff’s service details2 are:

Indorsement as to service

This writ was served by me at on [the defendant or one of the defendants] on day the day of .

Indorsed the day of .

(Signed) ______________________

(Address)

Notes to Form No. 1 —

1. Must be provided unless otherwise ordered by the Court. See Order 71A r. 2 and 3A.

2. Must be in accordance with Order 71A.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download