These rules set step-by-step courtroom and registry procedures for Small Claims, summary criminal and application matters, formalise approved forms and e-filing, and govern service, subpoenas, warrants, pre-trial review and trials. They make electronic case management and mandatory procedural steps central to how matters proceed.
They affect litigants, practitioners, registrars and subpoenaed non‑parties: e‑filing shifts operational work to users, costs recoverability is limited and formulaic, and registrars gain gatekeeping powers (issuing/refusing process) subject to Court review—changing incentives, timing and administrative burdens.
The Local Court Rules 2009 (LCR) constitute subordinate legislation made under the Local Court Act 2007 (NSW) and operate as the primary procedural code for the Local Court of New South Wales. The Court is the busiest jurisdiction in the state, finalising over 300,000 criminal and civil matters annually. The LCR provide granular, step-by-step machinery to commence, manage, hear and finalise three broad categories of matters: civil proceedings in the Small Claims Division (Part 2), criminal proceedings including committals and summary hearings (Part 3), and application proceedings (Part 4, excluding those under the Crimes (Domestic and Personal Violence) Act 2007 which have their own statutory regime).
Part 1 supplies the interpretative scaffolding. Rule 1.3 contains 11 defined terms, several of which are proceeding-specific. Thus “accused person” includes a defendant in summary matters and a respondent in applications; “party” is similarly contextual. The definition of “approved form” cross-references three different statutory sources depending on whether the document is civil (s 17 Civil Procedure Act 2005), application (s 72 Local Court Act 2007) or criminal (rule 8.6). Rule 1.4 governs the physical or electronic sealing of orders, warrants and certificates, while rule 1.5 repeals the predecessor Local Courts (Civil Procedure) Rules 2005 and Local Courts (Criminal and Applications Procedure) Rule 2003, ensuring a single consolidated code.
Part 2 is confined to the Small Claims Division (jurisdictional limit noted in the rule 2.2 note as $10,000 at commencement). Rule 2.1 (substituted 2022) confirms its application to proceedings in that Division and to transfer decisions. Rules 2.2 and 2.3 create two distinct transfer gateways to the General Division: automatic transfer where a cross-claim exceeds the limit, and discretionary transfer (or re-transfer) where the Court forms the opinion that the matter is too complex, difficult or important for Small Claims (rule 2.3(1)–(2)). An application for transfer cannot be made later than 28 days before trial (rule 2.3(3)), a strict temporal limit that frequently traps the unwary.
Current sections
Direct links to the current provisions in Local Court Rules 2009.
This Part applies to committal proceedings, summary proceedings and application proceedings.
Part 6
Subpoenas
Part 6 Subpoenas
Part 6 Subpoenas
6
Application of Part
6 Application of Part
6.1 Application of Part
This Part applies to summary proceedings and application proceedings.
Note—
Section 66 of the Local Court Act 2007 and section 70 of the Crimes (Domestic and Personal Violence) Act 2007 provide that the provisions of Part 3 of Chapter 4 of the Criminal Procedure Act 1986 (being provisions relating to subpoenas) apply, with any necessary modifications, to application proceedings in the same way as they apply to proceedings for summary offences under that Act.
Part 7
Warrants
Part 7 Warrants
Part 7 Warrants
7
Application of Part
7 Application of Part
7.1 Application of Part
This Part applies to committal proceedings, summary proceedings and application proceedings.
Note—
Section 67 of the Local Court Act 2007 and section 71 of the Crimes (Domestic and Personal Violence) Act 2007 provide that the provisions of Part 4 of Chapter 4 of the Criminal Procedure Act 1986 (being provisions relating to warrants) apply, with any necessary modifications, to warrants of arrest, or warrants of commitment, issued under this Act in the same way as they apply to warrants of arrest or warrants of commitment issued under that Act.
Part 8
Miscellaneous provisions
Part 8 Miscellaneous provisions
Part 8 Miscellaneous provisions
8
Court dress
8 Court dress
8.1 Court dress
In any proceedings in the Court or before a Magistrate, no legal practitioner may robe.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of rules
1 Name of rules
1.1 Name of rules
These rules are the Local Court Rules 2009.
1 Commencement
1 Commencement
1.2 Commencement
These rules commence on the day on which they are published on the NSW legislation website.
1 Definitions
1 Definitions
1.3 Definitions
(1) In these rules—
accused person includes—
(a) in relation to proceedings for a summary offence, a defendant, and
(b) in relation to application proceedings, a respondent.
approved form, in relation to a document, means—
(a) in relation to civil proceedings, the form approved for that document under section 17 of the Civil Procedure Act 2005, and
(b) in relation to application proceedings, the form approved for that document under section 72 of the Local Court Act 2007, and
(c) in relation to criminal proceedings, the form approved for that document under rule 8.6.
correctional centre has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999.
legal practitioner means an Australian legal practitioner.
party includes—
(a) in relation to application proceedings—an applicant or respondent, and
(b) in relation to criminal proceedings—a prosecutor or defendant.
person named, in relation to a subpoena, means the person to whom the subpoena is addressed.
prosecutor has the same meaning as it has in the Criminal Procedure Act 1986.
relevant legal practitioner for a person means—
(a) if the person is represented only by a solicitor—the solicitor, or
(b) if the person is represented only by a barrister—the barrister, or
Division 3 of Part 2 mandates pre-trial review once a defence is filed (rule 2.4). Rule 2.5 is the operational heart of Small Claims practice. Parties must attend personally or by a representative with actual settlement authority (rule 2.5(1)(a)); telephone or AVL attendance satisfies this (rule 2.5(2)). Disclosure of witnesses and documents is required. The Magistrate must identify issues in dispute and actively attempt settlement, with power to order mediation (rule 2.5(4)). If settlement fails, the Court lists the matter for trial but may refuse to do so if the parties have not made reasonable settlement attempts. Non-attendance triggers a two-stage default regime: adjournment with a warning notice, followed by dismissal or striking out on the adjourned date (rules 2.5(7)–(8)). Trial itself is deliberately informal (rule 2.6): the Court determines procedure, may proceed on written statements and submissions, and can determine the matter even if a party is absent. Damages assessments after default judgment receive tailored directions (rule 2.7). Costs are tightly capped (rule 2.9) to amounts allowable on default judgment for liquidated or unliquidated claims, with a 25% uplift possible for unreasonable rejection of a genuine compromise offer (rule 2.9(3A)). Additional costs are permitted only for fixed-cost items, court fees, limited expert reports ($350 cap), search fees and subpoena expenses.
Part 3 deals with criminal proceedings. Rule 3.1 defines the “1986 Act” as the Criminal Procedure Act 1986. Division 2 (committals) requires court attendance notices to be in approved form and to contain precise temporal and geographical particulars (rule 3.2). Rule 3.10 (amended 2018) lists the eight categories of documents that must be forwarded to the higher court upon committal, including the charge certificate, case conference certificate and any back-up offence certificates. Division 3 governs summary proceedings. Identical particularity requirements apply to summary court attendance notices (rule 3.11). Rules 3.12 and 3.13 protect personal information in briefs of evidence: addresses, dates of birth and phone numbers must be redacted unless materially relevant or ordered by a Magistrate after a risk/justice balancing exercise. Written statements must carry a specific endorsement (rule 3.13(2A)), relaxed for children or persons of low intelligence (rule 3.13(2B)), and foreign-language statements require certified translations.
Part 4 applies to application proceedings (other than domestic violence). Rule 4.2 permits orders for particulars or statements of case, with self-executing dismissal or stay sanctions for non-compliance. Rule 4.3 confers broad management powers, including timetabling, mediation referrals under the Community Justice Centres Act 1983, electronic filing orders, exchange of witness statements, agreed facts and issues, indexed exhibit lists, and written submissions. Rule 4.4 mirrors the Civil Procedure Act summary dismissal power for frivolous or hopeless applications.
Part 5 is the service code for committal, summary and application proceedings. Personal service is the default for originating documents (rule 5.6) but is defined expansively: leaving a copy with the person or, if refused, placing it down and explaining its nature (rule 5.3). Special rules exist for corporations (rule 5.4), inmates (rule 5.5, cross-referencing the Crimes (Administration of Sentences) Act 1999), and service on legal practitioners who have agreed to accept service (rule 5.6A). Alternative methods for originating process in summary proceedings include post, fax or email with 21 clear days’ notice (rule 5.9). Non-originating documents enjoy even wider options including DX, email and leaving at an address for service (rule 5.10). Substituted service is available by court order (rule 5.11). Proof of service is formalistic: a signed statement detailing method, source of address, transmission reports, etc. (rule 5.12). Doubtful service may result in stay, adjournment or setting aside of orders (rule 5.13). Time of service for DX and fax is deemed (rule 5.13A).
Part 6 applies the subpoena regime in summary and application proceedings (noting statutory extension via ss 66 and 70 of the Local Court Act 2007 and Crimes (Domestic and Personal Violence) Act 2007). Registrars may refuse to issue oppressive or abusive subpoenas (rule 6.2). Service options mirror Part 5 but are tailored (rule 6.4). Conduct money is prescribed by reference to the 2009 Government Gazette scale plus reasonable copying expenses (rule 6.5). Non-party production may be to the registrar; copies suffice unless originals are required (rule 6.6). Setting aside is by approved-form notice served three days before return date (rule 6.7). Objections to inspection may be oral (rule 6.8). Return and disposal of produced material are regulated (rules 6.6(6), 6.9).
Part 7 governs warrants. Applications for arrest warrants before first appearance must be in approved form (rule 7.2). Authorised officers must consider seriousness, risk to victims, existing warrants and service attempts before issuing (rule 7.3). Forms are prescribed (rule 7.4). Executing officers must produce the warrant, cover sheet, facts summary and antecedents (rule 7.5). Warrants to commit may be addressed to police, correctional centre general managers or officers (rule 7.6).
Part 8 contains miscellaneous provisions of general application (no robing – rule 8.1; registrar powers – rule 8.2; fixed vacation – rule 8.2A) and specific rules for criminal and application proceedings. Applications are by approved form (rule 8.3). Registrars may refuse to issue private prosecutions or applications that are frivolous (rule 8.4). Evidence may be recorded by any reliable method (rule 8.5). The Chief Magistrate approves forms and ECM formats (rule 8.6). Filing methods, including electronic, are detailed (rule 8.7). Registrar decisions are reviewable (rule 8.8). Access to court records and video recordings is tightly controlled, requiring undertakings not to copy or distribute video (rules 8.10, 8.10A). Trans-Tasman proceedings are governed by selected UCPR provisions (rule 8.11).
Division 3 of Part 8 (inserted 2014) establishes the Online Registry electronic case management system. Registration, electronic filing, uploading requirements (including scanned signatures and Oaths Act certificates), coversheets, and deemed filing times are prescribed in rules 8.12–8.20. Division 4 regulates solicitor appointment, change, removal and withdrawal (rules 8.21–8.29), including the rule that a solicitor corporation may act through its solicitor directors, officers or employees (rule 8.29).
Collectively the LCR create a self-contained, technology-enabled procedural ecosystem that prioritises early resolution, cost containment in small claims, protection of vulnerable witnesses, and efficient use of limited magisterial time.
Who it affects
The LCR directly regulate the conduct of every participant in Local Court proceedings. Magistrates and registrars exercise the case management, transfer, costs, subpoena and dismissal powers conferred. Police prosecutors and public officers benefit from simplified service (rules 5.7, 5.8, 5.9) and filing regimes (rule 8.7) but are subject to the same particulars and brief-content rules as private litigants.
Self-represented litigants (a large cohort in the Small Claims Division) must navigate pre-trial review attendance requirements with settlement authority (rule 2.5), service obligations, and the strict 28-day transfer application cut-off (rule 2.3(3)). Legal practitioners are under positive duties: to use approved forms (rule 8.6), to appear with actual authority at pre-trial reviews, to disclose witnesses and documents, to certify translations, to give undertakings when filing electronically, and to observe the no-robing rule (rule 8.1). Solicitors who accept service bind their clients (rule 5.6A). Corporations are affected through deemed service rules (rules 5.4, 5.10(d)) and the capacity of solicitor corporations to act (rule 8.29).
Inmates and detainees are subject to substituted personal service via correctional centre general managers (rules 5.5, 5.6B) and special subpoena service options (rule 6.4(2)(b)). Victims and witnesses gain protection through mandatory redaction of personal identifiers in briefs (rule 3.12) and the risk-assessment filter before disclosure orders. Higher courts receive standardised committal bundles (rule 3.10) and are indirectly affected by the quality of Local Court case management. The Chief Magistrate’s rule-making and form-approval functions (rule 8.6) and vacation-direction power (rule 8.2A) affect listing practices statewide. Finally, the public at large is affected by the open-justice principles embedded in the access-to-records rules (rule 8.10(5)(a)) and the policy of encouraging settlement to reduce court backlog.
Key duties and rights
Duties are both positive and negative. Parties must file defences or notices of appearance in time to trigger pre-trial review (rule 2.4), attend with settlement authority (rule 2.5(1)), make reasonable settlement attempts (rule 2.5(6)), and comply with case-management orders on pain of dismissal or striking out (rules 2.5(8), 4.2(3)). Prosecutors must ensure briefs omit protected personal information or obtain a Magistrate’s order after balancing risk against the accused’s right to prepare a defence (rule 3.12(3)). Applicants for subpoenas must avoid abuse or oppression (rule 6.2(2)). Electronic filers must upload true copies with proper descriptions, signatures and, for affidavits, Oaths Act certificates (rule 8.16).
Rights are equally explicit. A party may apply for transfer on complexity grounds or resist it (rule 2.3), seek mediation (rule 2.5(4)(b)), request particulars (rule 4.2), object orally to subpoena inspection on the return date (rule 6.8), apply to set aside a subpoena on three days’ notice (rule 6.7), and seek review of any registrar decision (rule 8.8). An accused or respondent may apply for disclosure orders of redacted information if the interests of justice outweigh risk (rule 3.12(2)). Parties facing doubtful service may obtain a stay or setting-aside order (rule 5.13). A party who makes a genuine offer that is unreasonably rejected may obtain a 25% costs uplift (rule 2.9(3A)). Access to court records is a qualified right, stronger for parties than non-parties, and video access is conditional on undertakings (rule 8.10A).
The rules repeatedly balance these rights against efficiency and protection imperatives: the power to refuse to list for trial if settlement attempts are inadequate (rule 2.5(6)) and the registrar’s power to refuse process that is frivolous (rule 8.4) illustrate the tension.
Penalties and enforcement
The LCR do not create criminal offences; enforcement is civil and procedural. The principal sanctions are dismissal of proceedings or striking out of defences for non-attendance at adjourned pre-trial reviews (rule 2.5(8)), self-executing stay or dismissal for failure to provide particulars (rule 4.2(3)), and summary dismissal of frivolous applications (rule 4.4). Costs orders are available only in enumerated circumstances and are capped (rule 2.9(2)–(3)), functioning as both incentive and sanction. Failure to comply with subpoenas is not directly sanctioned in the LCR but engages the Criminal Procedure Act 1986 contempt regime referenced in the Part 6 note. Warrants of arrest or commitment are the ultimate enforcement tools for non-appearance (Part 7), with rule 7.3 requiring an authorised officer to weigh offence seriousness, victim risk and service attempts before issuance.
Registrar refusal to issue process (rule 8.4) operates as a gatekeeping sanction. Electronic filing undertakings (rule 8.16(8)) expose a party to directions to file originals, with implied sanctions for non-compliance under the Court’s general management powers (rule 4.3). The rules therefore rely on the Court’s inherent and statutory powers to enforce their provisions rather than creating a separate penalty regime.
How it interacts with other laws
The LCR are expressly parasitic on primary legislation. The Criminal Procedure Act 1986 is the most frequently referenced statute: rules 3.2, 3.10, 3.11, 3.12 and 3.13 supplement or particularise ss 50, 111, 166, 175, 226 and 228. The Local Court Act 2007 supplies the power to make the rules, governs forms for application proceedings (s 72), extends subpoena and warrant provisions to applications (ss 66, 70, 67, 71), and is the source of the Court’s jurisdiction. The Civil Procedure Act 2005 supplies the approved-form definition for civil documents (s 17) and interacts with costs and case-management provisions. The Uniform Civil Procedure Rules 2005 are imported selectively for motions (rule 2.10), venue changes, and Trans-Tasman matters (rule 8.11).
The Electronic Transactions Act 2000 underpins the entire Part 8 Division 3 ECM regime; rules 8.15 and 8.17 rely on Schedule 1 clauses 5 (authentication) and 2 (system establishment). The Oaths Act 1900 is incorporated by reference in rule 8.16(7)(c). Service rules interact with the Crimes (Administration of Sentences) Act 1999 and Children (Detention Centres) Act 1987 for correctional centre service (rules 5.5, 5.6B). Costs limitations reference the Legal Profession Uniform Law (NSW) fixed-cost provisions (rule 2.9(4)(a)). The Community Justice Centres Act 1983 is engaged by mediation referral powers (rule 4.3(2)(b)). The Road Transport legislation supplies presumptive proof of postal service (rule 5.12(8)). The Service and Execution of Process Act 1992 (Cth) is administered by registrars (rule 8.2(e)).
This dense web of cross-references means that a change in any parent Act (for example, the 2018 amendments to committal procedures) automatically flows through to the LCR via updated rule language or amendment schedules.
Recent changes and why
The consolidated text records more than a dozen amendment instruments. The 2022 (651) amendments substituted rule 2.1, amended rule 2.3 to expand the Court’s power to transfer from the General Division back to Small Claims when issues simplify or it is “appropriate”, and updated rule 2.10 to align motion requirements with the UCPR. These changes reflect a policy of maximum flexibility in division allocation once complexity is resolved, reducing unnecessary hearings in the more formal General Division.
The 2014 (144) insertion of Part 8 Division 3 (rules 8.12–8.29) introduced the Online Registry, reflecting the statewide move to electronic case management. Consequential amendments to service, filing and subpoena rules (rules 5.5, 5.10, 5.12, 6.4) aligned physical and digital processes. The 2018 (203) amendments repealed spent committal rules (3.3–3.9), updated rule 3.10 to include the charge certificate and case conference certificate, and refined written-statement requirements (rule 3.13), implementing reforms to the Criminal Procedure Act aimed at early resolution and reducing late guilty pleas.
The 2020 (256) insertion of rule 8.10A imposed strict conditions on access to video recordings, responding to privacy and contempt risks exposed by increased AVL use during the COVID-19 pandemic. The 2015–2019 costs amendments (2015 (407), 2016 (619), 2019 (148)) progressively adjusted the uplift for rejected offers and expert-report caps to maintain cost predictability while incentivising settlement. Each change was driven by the twin imperatives of technological modernisation and backlog reduction while preserving procedural fairness.
Court challenges and controversies
Because the LCR are procedural, litigation concerning them usually arises collaterally. Challenges to subpoena issue under rule 6.2(2) on abuse-of-process or oppression grounds are common; the rule 6.7 procedure (approved-form notice, three-day minimum, mandatory appearance on return date) is strictly enforced. Oral objection rights under rule 6.8 have generated debate about whether written notice is nevertheless prudent. Service disputes frequently test rule 5.9 postal service and rule 5.12 proof requirements; the presumptions in rule 5.12(8) based on Roads and Traffic Authority records have been challenged where addresses are outdated.
The strict 28-day cut-off in rule 2.3(3) has produced applications for leave to file late transfer motions, with mixed outcomes turning on the magnitude of complexity that emerged late. The rule 2.5(6) power to refuse to list a matter for trial where settlement attempts are inadequate has been criticised as an indirect costs sanction outside the rule 2.9 limits. Registrar refusals under rule 8.4 have been reviewed under rule 8.8, raising natural-justice questions when the registrar acts on the papers. The video-recording undertaking regime in rule 8.10A has been controversial among media organisations seeking access for contempt or appeal purposes.
Controversies also surround the limited costs regime. The 25% uplift in rule 2.9(3A) requires the Court to characterise an offer as “genuine” and rejection as “unreasonable”, importing Calderbank-style reasoning into a jurisdiction that otherwise caps costs tightly. The interaction between LCR costs limits and fixed-cost scales under the Legal Profession Uniform Law continues to generate satellite argument. Overall, the rules have largely withstood direct validity challenges because they are squarely authorised by the Local Court Act 2007 and Criminal Procedure Act 1986.
Gotchas
Most practitioners miss the proceeding-specific definitions in rule 1.3: an “accused person” in an application is a “respondent”, changing every subsequent reference. The 28-day transfer deadline in rule 2.3(3) runs from the trial date, not from when complexity becomes apparent; late-emerging expert evidence rarely constitutes grounds for extension. In Small Claims, the rule 2.5(1)(a) requirement for a representative with “authority to negotiate a settlement” is interpreted strictly; counsel without client instructions to accept a particular figure have had matters stood down.
Rule 3.12(6) expands “address” to include email and web-based addresses, yet many older briefs still contain them. The endorsement wording in rule 3.13(2A) must be reproduced “in or to the effect of” the exact paragraph; minor stylistic changes have led to objections. Electronic filing under rule 8.16 requires the scanned signature and, for NSW affidavits, a completed Oaths Act certificate on the uploaded copy; a typed signature alone is insufficient. The coversheet generated by the Online Registry becomes part of the issued subpoena (rule 8.19(7)), so practitioners must treat it as such when serving.
Rule 2.9(3) caps costs by reference to the amount allowable on default judgment, not the amount claimed; many solicitors overestimate recoverable costs. The registrar’s power to cancel Online Registry registration (rule 8.14(3)) is unreviewable except by the general review power in rule 8.8, but the grounds are opaque. Finally, rule 8.10A(2)(b) undertakings bind the recipient not to permit copying “or give possession” of video recordings; inadvertent sharing with a client can breach the undertaking and expose the practitioner to contempt proceedings.
How to comply
Compliance begins with the approved form. Every originating process, application, subpoena and notice of motion must be in the form published on the Court’s website or generated by the Online Registry (rule 8.6). For electronic filing, register as a user, upload true scanned copies with proper descriptions, and retain originals if directed (rules 8.14–8.16). When serving, choose the method permitted for the document type and keep meticulous proof-of-service statements (rule 5.12); for postal service retain evidence of address source.
In Small Claims, diarise the 28-day transfer deadline from the trial date. At pre-trial review, ensure the representative has actual settlement authority and a realistic offer; prepare a short opening identifying issues. For criminal briefs, redact personal identifiers or obtain a rule 3.12(3) order; use the exact endorsement wording. When issuing subpoenas, assess relevance and breadth to avoid rule 6.2 refusal; serve with conduct money calculated from the 2009 Gazette scale plus copying costs.
Maintain a diary system for registrar review rights (rule 8.8) and video-access undertakings (rule 8.10A). When changing solicitors, file and serve the notice of change before relying on the new address for service (rule 8.28). For corporations or government clients, ensure service is effected on the correct officer (rules 5.4, 5.7–5.8). Finally, keep the Court’s practice notes on case management and the Online Registry user guide beside the LCR; procedural compliance is now inseparable from digital compliance. Regular audit of outgoing correspondence against the service and filing rules will avoid the majority of avoidable adjournments and cost orders.
(c) if the person is represented by both a solicitor and a barrister—the solicitor.
summary proceedings means proceedings for summary offences, including proceedings for indictable offences that are being dealt with summarily.
subpoena has the same meaning as it has in Part 3 of Chapter 4 of the Criminal Procedure Act 1986.
(2) Notes included in these rules do not form part of these rules.
rule 1.3: Am 2014 (144), Sch 1 [1].
1 Seal of the Court
1 Seal of the Court
1.4 Seal of the Court
(1) The registrar is to cause the following documents to be sealed or stamped with the seal of the Court—
(a) any order, notice, warrant, certificate, judgment or process made, given or issued by the registrar (or any copy of such a document issued by the registrar),
(b) any other document issued by the registrar that rules of court require to be sealed.
(2) Without limiting subrule (1), a document may be stamped with the seal of the Court by any of the following means—
(a) affixing the seal on the document by means of a rubber stamp,
(b) affixing an adhesive label on the document with a representation of the seal printed on it,
(c) printing a representation of the seal on the document by electronic or mechanical means.
1 Repeal of rules
1 Repeal of rules
1.5 Repeal of rules
The Local Courts (Civil Procedure) Rules 2005 and the Local Courts (Criminal and Applications Procedure) Rule 2003 are repealed.
Part 2 Civil Proceedings (Small Claims Division)
Part 2 Civil Proceedings (Small Claims Division)
Part 2 Civil Proceedings (Small Claims Division)
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
2 Application of Part
2 Application of Part
2.1 Application of Part
This Part applies to—
(a) proceedings in the Court sitting in the Court’s Small Claims Division, and
(b) the transfer of proceedings to or from the Small Claims Division.
rule 2.1: Subst 2022 (651), Sch 1[1].
Division 2 Transfer of proceedings
Division 2 Transfer of proceedings
Division 2 Transfer of proceedings
2 Transfer of proceedings from Small Claims Division to General Division: jurisdictional limit exceeded
2 Transfer of proceedings from Small Claims Division to General Division: jurisdictional limit exceeded
2.2 Transfer of proceedings from Small Claims Division to General Division: jurisdictional limit exceeded
Proceedings are to be transferred to the Court’s General Division if a cross-claim is made in the proceedings for an amount exceeding the jurisdictional limit of the Court’s Small Claims Division.
Note—
As at the commencement of these rules, the jurisdictional limit of the Court sitting in its Small Claims Division was $10,000.
2 Transfer of proceedings between Small Claims Division and General Division: complexity, difficulty or importance of matters in dispute
2 Transfer of proceedings between Small Claims Division and General Division: complexity, difficulty or importance of matters in dispute
2.3 Transfer of proceedings between Small Claims Division and General Division: complexity, difficulty or importance of matters in dispute
(1) The Court may, on the application of a party or of its own motion, transfer proceedings from the Court’s Small Claims Division to the Court’s General Division if, at any time before judgment is given, the Court is of the opinion that the matters in dispute are so complex or difficult, or are of such importance, that the proceedings ought more properly to be heard in the Court’s General Division.
(1A) The Court may, on the application of a party or of its own motion, transfer proceedings from the Court’s General Division to the Court’s Small Claims Division if, at any time before judgment is given, the Court is of the opinion that—
(a) any complex, difficult or important issues have been resolved, in whole or in part, or
(b) it is appropriate to do so.
(2) The Court may, on the application of a party or of its own motion, transfer proceedings that have been transferred to the Court’s General Division under subrule (1) back to its Small Claims Division if the Court considers it appropriate to do so.
(3) An application for proceedings to be transferred under this rule may not be made by a party to the proceedings later than 28 days before the day fixed for the trial of the proceedings.
rule 2.3: Am 2022 (651), Sch 1[2]–[5].
Division 3 Pre-trial review
Division 3 Pre-trial review
Division 3 Pre-trial review
2 Setting down for pre-trial review
2 Setting down for pre-trial review
2.4 Setting down for pre-trial review
(1) Unless the Court otherwise orders, proceedings in which a defence is filed are to be listed for pre-trial review.
(2) The registrar must cause notice of the date, time and place of the pre-trial review to be sent to the plaintiff and to each defendant who has filed a defence.
2 Conduct of pre-trial reviews
2 Conduct of pre-trial reviews
2.5 Conduct of pre-trial reviews
(1) In any pre-trial review of proceedings, each of the parties to the proceedings—
(a) must be in attendance at the review, either in person or by a legal representative having authority to negotiate a settlement of the proceedings, and
(b) must disclose the names of the witnesses who may provide statements on which the party intends to rely at the trial and the nature of any other documents on which the party intends to rely at the trial (to the extent that such information is available at the time of the pre-trial review).
(2) For the purposes of subrule (1)(a), a person who appears by telephone, audio-visual link or any other means of electronic communication, as referred to in rule 2.8, is taken to be in attendance.
(3) In the pre-trial review, the parties to the proceedings may apply for any interlocutory orders necessary for the preparation of the matter for trial.
(4) In the pre-trial review, the Court—
(a) must identify the matters in dispute between the parties and attempt to bring the parties to a settlement that is acceptable to them, and
(b) for that purpose, may require that the parties seek mediation and may make such orders as it thinks fit, including orders as to adjournment, so as to facilitate the mediation.
(5) (Repealed)
(6) If the Court is unable to bring the parties to a settlement that is acceptable to them, the Court is to list the proceedings for trial at an appropriate time and venue and make case management orders in accordance with any relevant practice note. However, the Court may refuse to list proceedings for trial if it is satisfied that the parties have not made reasonable attempts to settle the matters in dispute between them.
(7) If a party fails to attend the pre-trial review after having been given notice in accordance with rule 2.4(2), the Court may adjourn the review to another date and direct that, not less than 5 days before that date, a further notice be given to the party in default advising—
(a) if the party in default is the plaintiff, that the party’s claim may be dismissed, either in whole or in part, or
(b) if the party in default is the defendant, that the party’s defence may be struck out, either in whole or in part,
if the party fails to attend the adjourned review.
(8) If a party fails to attend the adjourned review after having been given notice in accordance with subrule (7), the Court may order—
(a) if the party in default is the plaintiff, that the party’s claim be dismissed, either in whole or in part, or
(b) if the party in default is the defendant, that the party’s defence be struck out, either in whole or in part,
and may make such other orders as it thinks fit.
rule 2.5: Am 2010 (254), Sch 1 [1] [2].
Division 4 Trial
Division 4 Trial
Division 4 Trial
2 Procedure generally
2 Procedure generally
2.6 Procedure generally
(1) Subject to this Part, the procedure to be followed at a trial of any proceedings is to be determined by the Court.
(2) Unless the Court orders otherwise, proceedings are to be heard and determined on the basis of—
(a) any written statements (whether sworn or unsworn) or other documents that have been filed and served in accordance with any case management orders, and
(b) any submissions made by the parties on the material filed and served in accordance with any case management orders.
(3) Proceedings may be heard and determined by the Court even if one or more of the parties is absent.
2 Procedure regarding assessment of damages
2 Procedure regarding assessment of damages
2.7 Procedure regarding assessment of damages
In the case of proceedings in which default judgment has been entered in favour of the plaintiff but damages are yet to be assessed, the Court may, when listing the proceedings for trial, give directions as to the manner in which evidence as to damages is to be given.
Division 5 General
Division 5 General
Division 5 General
2 Use of telephones, audio-visual link and other electronic communication
2 Use of telephones, audio-visual link and other electronic communication
2.8 Use of telephones, audio-visual link and other electronic communication
In any proceedings, the Court may allow a person to appear or give evidence by telephone, audio-visual link or any other means of electronic communication.
2 Costs
2 Costs
2.9 Costs
(1) In this rule, costs include fees, disbursements, expenses and remuneration.
(2) The Court may make orders for the payment of costs only in the following circumstances—
(a) if proceedings are discontinued or dismissed, or a defence is struck out, at a pre-trial review or at a hearing,
(b) if proceedings are adjourned as a consequence of a party’s default or neglect, including a party’s failure to comply with a direction of the Court,
(c) if proceedings on a motion are heard by the Court,
(d) if judgment is given after a trial of proceedings.
(3) The maximum amount of costs that may be awarded to a party under subrule (2) is—
(a) in the circumstances referred to in subrule (2)(a), (b) or (c)—the amount of costs that would be allowable on entry of default judgment for a liquidated claim in the proceedings, and
(b) in the circumstances referred to in subrule (2)(d)—the amount of costs that would be allowable on entry of default judgment for an unliquidated claim in the proceedings.
(3A) Despite subrule (3)(b), the maximum amount of costs that may be awarded to the party under subrule (3)(b) is increased by 25% if the Court considers that—
(a) the party made a genuine offer to compromise on the claim that was not accepted by the other party, and
(b) it was unreasonable for the other party not to have accepted the offer.
(4) Despite subrule (2), the Court may also allow costs for the following—
(a) matters for which costs are fixed by a fixed costs legislative provision within the meaning of the Legal Profession Uniform Law (NSW),
(b) court and service fees,
(c) fees for expert opinion reports (limited to a maximum of $350 for each report),
(d) search fees,
(e) costs in relation to, or arising out of, the issue of a subpoena.
(1) Unless the Court orders otherwise, applications are to be made orally before the Court.
(2) Despite subrule (1)—
(a) any application for the transfer of proceedings to the Court’s General Division or Small Claims Division, or
(b) any application for an order under Part 8 of the Uniform Civil Procedure Rules 2005 that the venue at which the proceedings are to be heard be changed, or
(c) any application for the inspection of property, or
(d) any application in relation to proceedings made after the Court has given judgment in the proceedings (such as an application for a writ of execution), or
(e) any application to set aside a judgment or order of the Court,
is to be made by motion in accordance with Part 18 of the Uniform Civil Procedure Rules 2005.
rule 2.10: Am 2022 (651), Sch 1[6].
Part 3 Criminal proceedings
Part 3 Criminal proceedings
Part 3 Criminal proceedings
Division 1 Preliminary
Division 1 Preliminary
Division 1 Preliminary
3 Definition
3 Definition
3.1 Definition
In this Part, the 1986 Act means the Criminal Procedure Act 1986.
Division 2 Committal proceedings
Division 2 Committal proceedings
Division 2 Committal proceedings
3 Commencement of proceedings
3 Commencement of proceedings
3.2 Commencement of proceedings
(1) For the purposes of section 50(1) of the 1986 Act, a court attendance notice commencing proceedings for an indictable offence is to be in the approved form.
(2) For the purposes of section 50(4) of the 1986 Act, the court attendance notice must include the following matters in addition to those required by section 50(3) of the 1986 Act—
(a) the time and date of the alleged offence or,
This is an opening excerpt, not the complete document.