Originating Summons (Appearance Not Required) (Form 75)

Civil proceedings between parties that may be heard in chambers are started by originating summons (O 58 r 1 of the Rules of the Supreme Court 1971 (WA)). The summons must be in Form 74 or Form 75 as the case requires (r 14(1)). No appearance is required for the kinds of application listed in r 18: taxation and delivery of bills of costs or delivery by a solicitor of accounts, documents or money; interpleader under Order 17; an extension of time or leave to institute an appeal or other proceeding; transfer of a proceeding from another court; and other cases where the rules so provide. Where no appearance is required, the summons must state who it is intended to be served on, or that it is not intended to be served (r 14(6)).

When you need it

• Your application falls within O 58 r 18 or another rule that says no appearance is needed.
• You are seeking an extension of time or leave to commence an appeal or other proceeding.
• You are applying for taxation of a solicitor's bill of costs or delivery of documents by a solicitor.
• If the defendant must appear, use Form 74 instead.

1. 1

   Complete the heading

   Name the party taking out the summons as plaintiff and the other parties as defendants (r 14(2)). Title it in the matter of any Act and section under which you apply, and of any estate, trust, property or person concerned (r 14(5)).

2. 2

   Name the defendant and the hearing

   Insert the defendant's name and address and the day and time the defendant is to attend the Supreme Court in Perth. The template prints the year 2008 in this line; replace it.

3. 3

   State the application

   State the nature of the claim, that is, the orders the plaintiff seeks.

4. 4

   State who will be served

   Complete 'It is intended to serve this summons on' with each person to be served, or state that it is not intended to be served on anyone (r 14(6)).

5. 5

   Complete the taken out by details

   Give the lawyer's or self-represented plaintiff's name and address for service, with service details as Order 71A requires, and sign.

• File through eLodgment on the eCourts Portal (O 67A r 3). The summons is issued when sealed (r 14(3)). The Court's forms page lists 2 copies for filing. A filing fee applies - check the current General Division fee schedule.
• Unless the Court directs otherwise, serve the summons and a copy of every supporting affidavit at least 10 clear days before the return day (r 18A(1)).
• Service must be personal (O 9 r 5, applying O 9 r 1(1) and (2)).
• Order 7 applies, so the summons is valid for service for 12 months unless extended (O 58 r 15).

• Evidence is by affidavit unless the Court orders otherwise, so prepare and serve the affidavits with the summons (r 21).
• If a defendant does not attend, the Court may proceed in their absence if it considers it expedient (r 22).
• The template's 'Solicitor for the said plaintiff' wording assumes a lawyer. A self-represented plaintiff adapts it and gives their own service details.