The minute is the operative record of a judgment or order. Order 12 Division 2 of the National Court Rules 1983 governs how it is made, sealed and obtained.
Order 12 Rule 22
(1) The Registrar shall, on payment of the prescribed fee, furnish to any party to any proceedings a certified or office copy of the minute of any judgement or order entered in the proceedings.
(2) The Registrar may, on payment of the prescribed fee, furnish to any person appearing to have a sufficient interest in any judgement or order entered in any proceedings a certified or office copy of the minute.
For a party, sub-rule (1) is mandatory — the Registrar shall furnish a copy on payment of the fee.
For a non-party, sub-rule (2) is discretionary and conditional: the person must appear to have a sufficient interest. A creditor, a prospective purchaser of land affected by the order, or a person named in it may qualify.
Note the limit: the right is to the minute of a judgment or order entered. Documents on the file generally are a different matter — under Order 11 Rule 5(7), for instance, a filed copy of a summons shall not be open to inspection by any person except by leave of the Court.
Rules 18 to 21
An order shall be entered where — (a) the order is made by the signing of a minute; (b) a minute is to be served; (c) the order is to be enforced; (d) there is an appeal from the order; and (e) the Court so directs.
(2) An order shall, unless the Court otherwise directs, be entered where some step is to be taken under the order.
(3) But not where the order (apart from costs) merely — (a) makes an extension or abridgement of time; (b) grants leave or gives a direction to amend a document other than a minute, to file a document, or for an act to be done by an officer of the Court; or (c) gives directions concerning the conduct of proceedings.
(4) The general form of a minute of order shall be as in Form 52.
Paragraphs (c) and (d) matter. You cannot enforce an order that has not been entered, and an appeal presupposes entry.
Sub-rule (3) spares the Registry from entering routine procedural orders — extensions of time, leave to file, ordinary directions. Those take effect without entry under Order 12 Rule 3(3).
19 — where the Registrar has settled a minute, the judgment or order shall not, unless the Court otherwise directs, be entered until seven days after the date on which the Registrar signs the minute.
20 — a party or, subject to sub-rule (2), the Registrar, may enter the judgement or order by filing a minute of it signed by the Registrar or, in the case of an order, signed by the Judge or officer making the order. The Registrar does so only where the Court so directs or a party so requests.
21 — on entry, the Registrar shall seal the minute with the seal of the Court.
Rule 19 gives the parties a window after the Registrar signs the minute and before entry. That is the moment to check the minute against what the Court actually decided.
It is also the window in which Order 12 Rule 8(1) operates: the Court may set aside or vary a direction for entry of judgment where notice of motion is filed before entry of the judgement.
Rule 23
A minute of a judgement or order need not be served unless these Rules require service or the Court directs service.
Rule 23 says service is not always required. In practice a party who wants anything to happen serves the sealed minute, because several consequences depend on it:
- Under Order 12 Rule 4(2), the time to comply with an order requiring an act — including payment of money — is 14 days after service of a minute.
- Enforcement under Order 13 depends on that period having expired.
- A contempt application requires proof that the person had notice of the order.
For an interlocutory injunction, Order 6 Rule 17 allows notice to be given by telegram or letter signed by or on behalf of the Registrar — speed being the priority — but the sealed order should still be served as soon as practicable.
Getting what you need
- Lodge a draft minute under Rule 10, or attend the appointment the Registrar fixes under Rule 12 — remembering that the Registrar may settle it in your absence under Rule 13.
- Check the minute in the seven-day window under Rule 19.
- Request entry under Rule 20, so the minute is sealed under Rule 21.
- Obtain a certified or office copy under Rule 22, on payment of the prescribed fee. A certified copy is what you will want for enforcement or for producing elsewhere.
- Serve it, and keep proof — an affidavit of service under Order 6 Rule 18 stating by whom, the day of the week and the date, and the manner of service.
A clerical mistake, or an error arising from an accidental slip or omission, may be corrected at any time under Order 8 Rule 59. Note that Order 8 Rule 50(4) excludes minutes from the general amendment power, so Rule 59 is the route.
Where the reasons rather than the minute are wanted, Order 12 Rule 2 provides that where the Court’s opinion is reduced to writing it is sufficient to state the opinion orally without the reasons, the written opinion being delivered to an associate or to the Registrar or an officer of the Registry — from whom it may then be obtained.
Sources
- National Court Rules 1983 — O 6 rr 17, 18; O 8 rr 50, 59; O 11 r 5; O 12 rr 2–4, 8, 10–23; O 13; O 14 Div 6; Form 52
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.