A judgment is pronounced by the judge but entered by the Registry. Order 12 of the National Court Rules 1983 governs both.
Rule 1 — a striking power
The Court may, at any stage of any proceedings, on the application of any party, direct the entry of such judgement or make such order as the nature of the case requires, notwithstanding that the applicant does not make a claim for relief extending to that judgement or order in any originating process.
The closing words are the important ones. Ordinarily a party gets what they claimed. Rule 1 allows the Court to give what the nature of the case requires, even if it was never asked for in the writ or summons.
That said, an application is still needed — the rule operates on the application of any party. And it does not displace the requirement that motions be for relief on interlocutory matters only and not for the substantive relief claimed.
Division 2 — how entry happens
Rule 10 — where entry is authorised, a party may lodge a draft minute of the judgement or order with the Registrar.
Rule 11 — the Registrar may settle the draft without an appointment for the attendance of the parties.
Rule 12 — otherwise the Registrar shall appoint a time and place for attendance and notify the party lodging, who shall, not less than two days before the appointed date, serve notice of the appointment on the other party.
Rule 13 — where a party served with notice does not attend, or the lodging party does not attend, the Registrar may settle the draft minute in the absence of that party.
Rule 14 — where entry is authorised, the Registrar may draw and settle a minute himself, notwithstanding that no party has lodged a minute or draft minute.
The minute is the operative record of what the Court ordered. It is what is served, what is enforced, and what an appellate court reads.
Because the Registrar may settle a minute in your absence under Rule 13, or draw one without any party lodging under Rule 14, the party who wants the order recorded accurately should lodge a draft promptly and attend any appointment.
Two days’ notice of the appointment must be given to the other side — a short period, so serve at once.
Rule 3
(1) Where a judgement is entered pursuant to a direction of the Court, it shall take effect as of the date of the direction.
(2) Where entered otherwise than pursuant to a direction, it shall take effect as of the date of entry.
(3) Subject to those, an order shall take effect as of the date on which it is made.
(4) Notwithstanding all of that, the Court may order that a judgement or order take effect as of a date earlier or later.
Where the judge directs judgment, it operates from the date of the direction — not from the later date the Registry completes the paperwork. Where judgment is entered administratively, as on a default judgment, it operates from entry.
This affects interest, the running of time for appeal, and the date from which compliance is measured. See when a judgment takes effect.
Rule 4
(1) A judgement or order which requires a person to do an act shall specify the time within which he is required to do the act.
(2) That time shall, unless the Court otherwise orders, be 14 days after the date of service of a minute of the judgement or order on the person required to do the act.
(3) Sub-rules (1) and (2) apply to a judgement or order which requires a person to pay money.
(4) They do not apply to a judgement for possession of land or for delivery of goods.
(5) and (6) — the Court may by order substitute another time, or fix a time where none was specified.
Time runs from service of the minute, not from the date of the judgment. So a judgment creditor who wants the clock running must serve the sealed minute and prove it.
That matters for enforcement and, where the order requires an act, for any later contempt application — which depends on proof that the person had notice and failed to comply within time.
Rule 6
(1) Where the Court directs entry of judgement for the payment of money and makes an order for interest under the Judicial Proceedings (Interest on Debts and Damages) Act 1962, interest shall, unless the order otherwise provides, be payable on so much only of the money as is from time to time unpaid.
(2) The rate of interest for the purposes of Sub-rule (1) is 8% yearly.
Interest runs on what remains unpaid, so part payments reduce it. The rate fixed by the Rules is 8% yearly, and the same rate appears in Order 4 Rule 10(2) for a liquidated demand paid out before defence.
The Judicial Proceedings (Interest on Debts and Damages) Act 1962 is not available on PacLII at the time of writing. The 8% rate stated above comes from Order 12 Rule 6(2) of the National Court Rules. See interest on a judgment.
Rule 7 — and the stay for costs
(1) An order for dismissal shall not, subject to any terms or conditions on which it is made, prevent the plaintiff from bringing fresh proceedings or claiming the same relief in fresh proceedings.
(2) But where the dismissed party was ordered to pay costs and, before payment, brings further proceedings on the same or substantially the same cause of action, the Court may stay the further proceedings until those costs are paid.
Unless the order says otherwise, a dismissal does not bar a fresh claim — the same position as on discontinuance under Order 8 Rules 66 and 67.
Two qualifications. The terms of the dismissal may bar it; and the limitation period keeps running, so a fresh proceeding may be out of time.
Sources
- National Court Rules 1983 — O 4 r 10; O 8 rr 66, 67; O 12 rr 1–14, Divs 1–3; O 13; Motions Rules r 9
- Judicial Proceedings (Interest on Debts and Damages) Act 1962 — not available on PacLII
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.