3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act— > > > > civil proceedings means any proceedings other than criminal proceedings. > > > > claim for relief includes— > > > > > (a) a claim for possession of land, and > > > > > (b) a claim for delivery of goods, and > > > > > (c) a claim for the recovery of damages or other money, and > > > > > (d) a claim for a declaration of right, and > > > > > (e) a claim for the determination of any question or matter that may be determined by the court, and > > > > > (f) any other claim (whether legal, equitable or otherwise) that is justiciable in the court. > > > > costs, in relation to proceedings, means costs payable in or in relation to the proceedings, and includes fees, disbursements, expenses and remuneration. > > > > court includes tribunal. > > > > criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following— > > > > > (a) committal proceedings, > > > > > (b) proceedings relating to bail, > > > > > (c) proceedings relating to sentence, > > > > > (d) proceedings on an appeal against conviction or sentence. > > > > cross-claim means a claim by a defendant for the grant of relief under section 22. > > > > defendant means a person against whom proceedings are commenced, and includes a person against whom a cross-claim is made. > > > > exercise a function includes perform a duty. > > > > function includes power, authority and duty. > > > > hearing includes both trial and interlocutory hearing. > > > > judgment includes any order for the payment of money, including any order for the payment of costs. > > > > judgment creditor means the person to whom a judgment debt is payable. > > > > judgment debt includes— > > > > > (a) any amount payable under a judgment, and > > > > > (b) any interest after judgment that is payable on that amount under section 101, and > > > > > (c) any other amount payable under rules of court without the need for a judgment. > > > > judgment debtor means the person by whom a judgment debt is payable. > > > > judicial officer has the same meaning as it has in the [Judicial Officers Act 1986](/view/html/inforce/current/act-1986-100). > > > > jurisdictional limit means— > > > > > (a) in relation to the District Court, the jurisdictional limit of that Court within the meaning of the [District Court Act 1973](/view/html/inforce/current/act-1973-009), and > > > > > (b) in relation to the Local Court sitting in its General Division, the jurisdictional limit of the Local Court when sitting in that Division within the meaning of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093), and > > > > > (c) in relation to the Local Court sitting in its Small Claims Division, the jurisdictional limit of the Local Court when sitting in that Division within the meaning of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093). > > > > local rules means rules of court other than uniform rules. > > > > minor means a person who is under the age of 18 years. > > > > motor accident claim has the same meaning as claim has in the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010). > > > > officer, in relation to a court, includes any registrar or other member of staff employed in the administration of the business of the court, and includes a Judicial Registrar of the District Court. > > > > ordinary basis, in relation to the assessment of legal costs that a court has ordered to be paid, means the basis of assessing costs in accordance with Division 3 of Part 7 of the [Legal Profession Uniform Law Application Act 2014](/view/html/inforce/current/act-2014-016). > > > > originating process means the process by which proceedings are commenced, and includes the process by which a cross-claim is made. > > > > person under legal incapacity means any person who is under a legal incapacity in relation to the conduct of legal proceedings (other than an incapacity arising under section 4 of the [Felons (Civil Proceedings) Act 1981](/view/html/inforce/current/act-1981-084)) and, in particular, includes— > > > > > (a) a child under the age of 18 years, and > > > > > (b) an involuntary patient, a forensic patient or a correctional patient within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008), and > > > > > (c) a person under guardianship within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), and > > > > > (d) a protected person within the meaning of the [NSW Trustee and Guardian Act 2009](/view/html/inforce/current/act-2009-049), and > > > > > (e) an incommunicate person, being a person who has such a physical or mental disability that he or she is unable to receive communications, or express his or her will, with respect to his or her property or affairs. > > > > plaintiff means a person by whom proceedings are commenced, or on whose behalf proceedings are commenced by a tutor, and includes a person by whom a cross-claim is made or on whose behalf a cross-claim is made by a tutor. > > > > possession, otherwise than of land, includes custody and power. > > > > trial means any hearing that is not an interlocutory hearing. > > > > tutor, in relation to a person under legal incapacity, means a tutor appointed to represent the person (whether by the court or otherwise) in accordance with the uniform rules. > > > > uniform rules means rules made, or taken to have been made, under section 9. > > > > Uniform Rules Committee means the Uniform Rules Committee established under section 8. > > > > workplace injury damages claim means a claim for an award of damages to which Division 3 of Part 5 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) applies. > > > > Note. > > > > Other words and expressions (for example, rules of court) are defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > (2) Notes included in this Act do not form part of this Act. > > > > Note. > > > > In the notes to this Act, DCR means the [District Court Rules 1973](/view/html/inforce/current/sl-1973-0001), LCR means the [Local Courts (Civil Claims) Rules 1988](/view/html/repealed/current/sl-1988-0004) and SCR means the [Supreme Court Rules 1970](/view/html/inforce/current/sl-1970-0001). > > **s 3:** Am 2005 No 28, Sch 5.3 \[1\]; 2007 No 8, Sch 7.2; 2007 No 94, Schs 2, 3; 2008 No 79, Sch 3.2; 2009 No 49, Sch 2.9 \[1\]; 2010 No 135, Sch 6.2 \[1\]; 2013 No 1, Sch 1.6 \[1\]; 2015 No 7, Sch 2.3 \[1\]; 2017 No 10, Sch 5.2 \[1\]; 2025 No 53, Sch 2.1.