Submitting Appearance (Form 6B)

A submitting appearance tells the court and the parties that a defendant will not contest the proceedings and submits to whatever orders the court makes, but wants to remain on the record. Form 6B is the approved form and cites Uniform Civil Procedure Rules 2005 (NSW) rr 6.9 and 6.11. Under r 6.11, the defendant submits to all orders sought, which may be qualified with "save as to costs", and after filing may not file a defence or affidavit or take any other step without leave. It is commonly filed by a tribunal, public body or official named as a defendant in an appeal or judicial review. Supreme Court Practice Note SC CL 3 explains that a defendant who files a submitting appearance need not be represented at directions or the hearing and is automatically excused from further attendance, and that a party wanting costs against a submitting defendant must first give it written notice of the grounds.

When you need it

• You are a defendant who does not intend to oppose the orders sought, for example a court, tribunal or decision-maker named in a judicial review or appeal.
• You want to stay a party and be notified, without taking an active role.
• You may want to reserve your position on costs by using the save as to costs option.

1. 1

   Court details, title and filing details

   Copy the heading from the originating process and name the defendant filing. If e-filing, say what it relates to, such as the plaintiff's claim.

2. 2

   Appearance and statement of submission

   Insert the defendant's name and role. The printed text says it appears and submits to all orders sought and to judgment on all claims. Keep the words save as to costs if you do not submit on costs; delete them otherwise.

3. 3

   Signature

   Sign as solicitor, authorised officer or party, with capacity and date.

4. 4

   Details about the filing party

   Give the party's address, any frequent user identifier, solicitor details or the authorised officer's name, and an address for service in NSW unless an exception in UCPR r 4.5(3) applies. Repeat for each party if appearing for more than one.

• File in the court where the proceedings are, within the time for appearance stated in the originating process. The NSW Online Registry says a person served with a summons files an appearance and that the time limits are stated in the forms. The UCPR forms site marks Form 6B as available to file online.
• Serve the filed appearance on the other parties.
• After filing, Practice Note SC CL 3 says you are excused from further attendance, but watch for any written notice that a party will seek costs against you.

• Use a submitting appearance only if you truly do not oppose the orders. If you want to argue any point, file an ordinary notice of appearance and take part.
• Practice Note SC CL 3 says a party seeking costs against a submitting defendant must give written notice of the grounds before the directions hearing, or within any further time the court allows. If you receive one, consider whether to appear on costs.
• Keep the address for service current so notices reach you.