Part 1 Preliminary

Part 1 Preliminary

Division 1 General

Division 1 General

1 Name of rules

1.1 Name of rules

These rules are the Uniform Civil Procedure Rules 2005.

Division 2 Time

Division 2 Time

Division 3 Fees and other amounts

Division 3 Fees and other amounts

Division 4 Distribution of business between Divisions of Supreme Court

Division 4 Distribution of business between Divisions of Supreme Court

pt 1, div 4: Ins 2006 (391), Sch 1 [1].

Division 5 Notices under section 78B of Judiciary Act 1903 of Commonwealth

Division 5 Notices under section 78B of Judiciary Act 1903 of Commonwealth

pt 1, div 5 (rules 1.22–1.25): Ins 2006 (716), Sch 1 [5].

Division 6 Procedure in particular circumstances

Division 6 Procedure in particular circumstances

pt 1, div 6 (rules 1.26, 1.27): Ins 2008 (338), Sch 1 [1].

Part 2 Case management generally

Part 2 Case management generally

2 Directions and orders

2.1 Directions and orders

(cf SCR Part 26, rule 1)

The court may, at any time and from time to time, give such directions and make such orders for the conduct of any proceedings as appear convenient (whether or not inconsistent with these rules or any other rules of court) for the just, quick and cheap disposal of the proceedings.

Note.

See also the guiding principles in relation to the conduct of court proceedings (set out in Division 1 of Part 6 of the Civil Procedure Act 2005) and the general powers of the court to give directions (set out in Division 2 of that Part).

Part 3 Electronic case management

Part 3 Electronic case management

pt 3, hdg: Subst 2014 (29), Sch 1 [1].

3 Definitions

3.1 Definitions

(1) In this Part—

coversheet means a page that is generated by Online Registry that includes details about the case in which the document is being filed (including the case number).

Online Registry means the electronic case management of that name established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.

registered user, in relation to Online Registry, means a person who is registered as a user of the Registry.

upload, in relation to a document, means to transfer an electronic version of the document from a computer or other device to Online Registry.

(2) In this Part, a reference to filing a document in a court includes a reference to any other method of sending a document to the court.

rule 3.1: Am 2010 (594), rule 3 (1). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [1]–[3].

Part 4 Preparation and filing of documents

Part 4 Preparation and filing of documents

4 Application of Division

4.1 Application of Division

This Division applies to and in respect of any document that is prepared by or on behalf of a person (whether or not a party) for use in proceedings.

Part 5 Preliminary discovery and inspection

Part 5 Preliminary discovery and inspection

5 Definitions

5.1 Definitions

(cf Federal Court Rules, Order 15A, rule 1)

In this Part—

applicant means an applicant for an order under this Part.

identity or whereabouts includes the name and (as applicable) the place of residence, registered office, place of business or other whereabouts, and the occupation and sex, of the person against whom the applicant desires to bring proceedings, and also whether that person is an individual or a corporation.

rule 5.1: Am 2005 (395), Sch 1 [6].

Part 6 Commencing proceedings and appearance

Part 6 Commencing proceedings and appearance

6 No step without originating process or notice of appearance

6.1 No step without originating process or notice of appearance

(cf SCR Part 11, rule 2)

(1) Except by leave of the court, a party may not take any step in proceedings (including any appearance in court) unless the party has filed a statement of claim or summons in the proceedings or has entered an appearance in the proceedings.

(2) Subrule (1) does not apply to—

(a) a defendant who applies for an order under rule 12.11 (Setting aside originating process etc), or

(b) a plaintiff who applies for an order under rule 25.2 (Order in urgent case before commencement of proceedings), or

(c) a defendant who makes an application in relation to the setting aside or enforcement of any judgment.

(3) In any proceedings, a person (not being a party and not having filed a notice of motion) may not take any step in the proceedings (including any appearance in court) unless he or she has filed a notice of address for service.

rule 6.1: Am 2005 (625), Sch 1 [8]; 2006 (96), Sch 1 [1]–[3].

Division 7 Orders as to future conduct of proceedings

Division 7 Orders as to future conduct of proceedings

Division 8 Referred questions of law and stated cases

Division 8 Referred questions of law and stated cases

pt 6, div 8: Ins 2007 (164), Sch 1 [2].

Division 9 Issues arising under foreign law

Division 9 Issues arising under foreign law

pt 6, div 9 (rules 6.42–6.45): Ins 2010 (280), Sch 1.

Part 7 Parties to proceedings and representation

Part 7 Parties to proceedings and representation

7 By whom proceedings may be commenced and carried on

7.1 By whom proceedings may be commenced and carried on

(cf SCR Part 4, rules 4 and 4A, Part 66, rule 1; Act No 9 1973, section 43; Act No 11 1970, section 11)

(1) A natural person may commence and carry on proceedings in any court, either by a solicitor acting on his or her behalf or in person.

(1A) Despite subrule (1), but subject to subrule (5), the court may order that proceedings commenced by a natural person acting on behalf of another person pursuant to a power of attorney be carried on, on behalf of that other person, by a solicitor.

(2) A company within the meaning of the Corporations Act 2001 of the Commonwealth—

(a) may commence and carry on proceedings in any court by a solicitor or by a director of the company, and

(b) may commence and, unless the court orders otherwise, carry on proceedings in the Local Court by a duly authorised officer or employee of the company.

(3) In the case of proceedings in the Supreme Court, subrule (2)(a) authorises a company to commence proceedings by a director only if the director is also a plaintiff in the proceedings.

(4) A corporation (other than a company within the meaning of the Corporations Act 2001 of the Commonwealth)—

(a) may commence and carry on proceedings in any court by a solicitor, and

(b) may commence and carry on proceedings in any court (other than the Local Court) by a duly authorised officer of the corporation, and

(c) may commence and, unless the court orders otherwise, carry on proceedings in the Local Court by a duly authorised officer or employee of the corporation.

(4A) Despite subrules (1)–(4), any person may commence and, unless the Commission orders otherwise, carry on proceedings in the Industrial Relations Commission by an industrial agent within the meaning of the Industrial Relations Act 1996.

(4B) Subrule (4A) does not apply to or in respect of proceedings in the Industrial Relations Commission when constituted as the Industrial Court.

(5) Despite subrules (1)–(4), any person may commence and, unless the court orders otherwise, carry on proceedings in the Local Court—

(a) by a person who carries out commercial agent activity that is debt collection within the meaning of section 60 of the Fair Trading Act 1987, in relation only to proceedings on an application for—

(i) an instalment order, or

(ii) an order for examination, or

(iii) a writ of execution, or

(iv) a garnishee order, or

(b) by a person holding a licence as a real estate agent, strata managing agent or on-site residential property manager within the meaning of the Property, Stock and Business Agents Act 2002 in relation only to—

(i) proceedings on an application referred to in paragraph (a), or

(ii) the filing of a certificate under section 51 of the Consumer, Trader and Tenancy Tribunal Act 2001.

(6) A solicitor who is a person’s solicitor on the record must hold an unrestricted practising certificate.

Note.

The term solicitor on the record is defined in the Dictionary.

rule 7.1: Am 2006 (288), Sch 1 [3]; 2009 (88), Sch 1 [8]; 2009 (501), Sch 1 [4]; 2009 (570), Sch 1 [2]; 2022 (669), cl 3(1).

Part 8 Venue

Part 8 Venue

pt 8, note: Rep 2007 (579), Sch 2 [3].

8 Venue at which proceedings to be heard

8.1 Venue at which proceedings to be heard

(cf Act No 9 1973, section 4; DCR Part 2A, rule 1; LCR Part 1, rule 3, Part 3, rule 2)

(1) Unless the court orders otherwise, the venue at which proceedings are to be heard is the venue specified by the plaintiff in the originating process.

(2) The venue so specified must be a venue at which the court sits.

Part 9 Cross-claims

Part 9 Cross-claims

9 Making of cross-claim

9.1 Making of cross-claim

(cf SCR Part 6, rule 10; DCR Part 20, rule 10; LCR Part 18, rule 1)

(1) A party (the cross-claimant) may make a cross-claim—

(a) in proceedings commenced by statement of claim, within the time limited for the party to file a defence, or

(b) in proceedings commenced by summons, before the return day specified in the summons,

or within such further time as the court may allow.

(2) A cross-claim is to be made—

(a) by statement of cross-claim, in the case of a cross-claim in proceedings commenced by statement of claim, or

(b) by cross-summons, in the case of a cross-claim in proceedings commenced by summons.

(3) Subject to this Part, these rules apply to a statement of cross-claim and cross-summons in the same way as they apply to a statement of claim and summons, respectively.

(4) In any proceedings, each cross-claim is to be numbered (“first cross-claim”, “second cross-claim” and so on) in the order in which the cross-claims are filed.

(5) For the purposes of rule 4.2(2)(d), the identification of a document as a cross-claim must include the number given to the cross-claim under this rule.

rule 9.1: Am 2007 (164), Sch 1 [3].

Part 10 Service of documents generally

Part 10 Service of documents generally

10 Service of filed documents

10.1 Service of filed documents

(cf SCR Part 15, rule 28)

(1) Unless the court orders otherwise, a party that files a document must as soon as practicable serve copies of the document on each other active party.

(2) In the case of proceedings in the Local Court, an originating process may, and a defence must, be served on the other parties, on behalf of the party by whom it was filed, by an officer of the Local Court.

Note.

See rules 10.7 and 10.8 as to how service is to be effected by a court.

(3) Despite subrule (2), a defence that is filed in proceedings in the Local Court by means of Online Registry (within the meaning of Part 3) must be served on the other parties by the party that filed the defence rather than by an officer of the Local Court.

rule 10.1: Am 2010 (527), rule 3; 2016 (255), Sch 1 [11].

Part 11 Service of documents outside Australia and service of external process

Part 11 Service of documents outside Australia and service of external process

pt 11, hdg: Subst 2006 (391), Sch 1 [4].

11 Application of Part

11.1 Application of Part

(1) This Part applies to proceedings in the Supreme Court.

(2) For the purposes of this Part, a reference to Australia includes a reference to the external Territories.

rule 11.1: Subst 2016 (755), Sch 1 [1].

Division 1A Service outside of Australia in accordance with harmonised rules

Division 1A Service outside of Australia in accordance with harmonised rules

pt 11, div 1A: Ins 2016 (755), Sch 1 [2].

Part 11A Service under the Hague Convention

Part 11A Service under the Hague Convention

11A Definitions

11A.1 Definitions

In this Part—

additional authority, for a Convention country, means an authority that is—

(a) for the time being designated by that country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for that country, and

(b) competent to receive requests for service abroad emanating from Australia.

applicant, for a request for service abroad or a request for service in this jurisdiction, means the person on whose behalf service is requested.

Note.

The term applicant may have a different meaning in other Parts of these rules.

Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Convention, to be the Central Authority for that country.

certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Convention.

certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Convention, to complete certificates of service in the form annexed to the Hague Convention.

civil proceedings means any judicial proceedings in relation to civil or commercial matters.

Convention country means a country, other than Australia, that is a party to the Hague Convention.

defendant, for a request for service abroad of an initiating process, means the person on whom the initiating process is requested to be served.

foreign judicial document means a judicial document that originates in a Convention country and that relates to civil proceedings in a court of that country.

forwarding authority—

(a) for a request for service of a foreign judicial document in this jurisdiction—the authority or judicial officer of the Convention country in which the document originates that forwards the request (being an authority or judicial officer that is competent under the law of that country to forward a request for service under Article 3 of the Hague Convention), or

(b) for a request for service of a local judicial document in a Convention country—the Registrar.

Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965.

initiating process means any document by which proceedings (including proceedings on any cross-claim or third party notice) are commenced.

local judicial document means a judicial document that relates to civil proceedings in the Court.

Registrar means the principal registrar of the Court, and includes any other person who, by delegation or otherwise, is authorised to exercise the functions of that office.

request for service abroad means a request for service in a Convention country of a local judicial document mentioned in rule 11A.4(1).

request for service in this jurisdiction means a request for service in this jurisdiction of a foreign judicial document mentioned in rule 11A.13(1).

the Court means the Supreme Court.

this jurisdiction means New South Wales.

pt 11A, divs 1–4 (rules 11A.1–11A.16): Ins 2009 (326), Sch 1 [13].

Part 12 Discontinuance, withdrawal, dismissal and setting aside of originating process

Part 12 Discontinuance, withdrawal, dismissal and setting aside of originating process

12 Discontinuance of proceedings

12.1 Discontinuance of proceedings

(cf SCR Part 21, rules 2 and 5; DCR Part 18, rule 1; LCR Part 17, rule 1)

(1) The plaintiff in any proceedings may, by filing a notice of discontinuance, discontinue the proceedings, either as to all claims for relief or as to all claims for relief so far as they concern a particular defendant—

(a) with the consent of each other active party in the proceedings, or

(b) with the leave of the court.

(2) A notice of discontinuance—

(a) must bear a certificate by the plaintiff, or by his or her solicitor, to the effect that the plaintiff does not represent any other person, and

(b) except where it is filed with the leave of the court, must be accompanied by a notice from each party whose consent is required by subrule (1) to the effect that the party consents to the proceedings being discontinued in accordance with the notice of discontinuance.

(3) If any such consent is given on terms, those terms are to be incorporated in the notice of consent.

(4) If any party has not been served with the originating process, the plaintiff must file an affidavit to that effect.

(5) For the purposes of this rule, proceedings on a cross-claim are taken to be different proceedings to the proceedings on the originating process and to proceedings on any other cross-claim.

rule 12.1: Am 2005 (625), Sch 1 [11]; 2005 (717), Sch 1 [4] [5]; 2006 (716), Sch 1 [10].

Part 13 Summary disposal

Part 13 Summary disposal

13 Summary judgment

13.1 Summary judgment

(cf SCR Part 13, rule 2; DCR Part 11A, rule 2; LCR Part 10A, rule 2)

(1) If, on application by the plaintiff in relation to the plaintiff’s claim for relief or any part of the plaintiff’s claim for relief—

(a) there is evidence of the facts on which the claim or part of the claim is based, and

(b) there is evidence, given by the plaintiff or by some responsible person, that, in the belief of the person giving the evidence, the defendant has no defence to the claim or part of the claim, or no defence except as to the amount of any damages claimed,

the court may give such judgment for the plaintiff, or make such order on the claim or that part of the claim, as the case requires.

(2) Without limiting subrule (1), the court may give judgment for the plaintiff for damages to be assessed.

(3) In this rule, a reference to damages includes a reference to the value of goods.

Part 14 Pleadings

Part 14 Pleadings

14 Application

14.1 Application

This Part applies to proceedings commenced by statement of claim and to proceedings in which a statement of claim has been filed.

Part 15 Particulars

Part 15 Particulars

15 Pleadings must give all necessary particulars

15.1 Pleadings must give all necessary particulars

(cf SCR Part 16, rules 1 and 1A; DCR Part 9, rule 19; LCR Part 8, rule 2)

(1) Subject to this Part, a pleading must give such particulars of any claim, defence or other matter pleaded by the party as are necessary to enable the opposite party to identify the case that the pleading requires him or her to meet.

(2) Subrule (1) does not require a pleading to give particulars of any claim for interest up to judgment other than those required by rule 6.12(7).

Part 16 Default judgment

Part 16 Default judgment

16 Application of Part

16.1 Application of Part

(cf SCR Part 17, rule 1; DCR Part 13, rule 1; LCR Part 11, rule 1)

This Part applies to proceedings commenced by statement of claim.

Part 17 Admissions

Part 17 Admissions

17 Definitions

17.1 Definitions

In this Part, other than rule 17.5—

the admitting party means a party who is admitting, or being asked to admit, any matter.

the requesting party means a party in whose favour another party is admitting, or being asked to admit, any matter.

Part 18 Motions

Part 18 Motions

18 Applications for court orders to be made by motion

18.1 Applications for court orders to be made by motion

(cf SCR Part 19, rule 1; DCR Part 16, rule 1; LCR Part 15, rule 1)

An interlocutory or other application is to be made by motion unless these rules otherwise provide.

Part 19 Amendment

Part 19 Amendment

19 Amending a statement of claim

19.1 Amending a statement of claim

(cf SCR Part 15, rule 12, Part 20, rules 2 and 2A; DCR Part 17, rules 2 and 2A; LCR Part 16, rule 2)

(1) A plaintiff may, without leave, amend a statement of claim once within 28 days after the date on which it was filed, but, unless the court otherwise orders, may not amend it after a date has been fixed for trial.

(2) If a plaintiff amends his or her statement of claim under subrule (1) after the defendant has filed a defence, the defendant may amend his or her defence at any time within 14 days after service of the amended statement of claim.

(3) A plaintiff’s right to make an amendment under subrule (1) is not affected by any amendment the plaintiff has made under rule 7.22.

rule 19.1: Am 2007 (164), Sch 1 [4].

Part 20 Resolution of proceedings without hearing

Part 20 Resolution of proceedings without hearing

20 Application of Division

20.1 Application of Division

This Division applies to matters referred to mediation under Part 4 of the Civil Procedure Act 2005.

Division 3A

Division 3A

20.24A–20.24D (Repealed)

pt 20, div 3A: Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

rule 20.24A: Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

rule 20.24B: Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

rule 20.24C: Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

rule 20.24D: Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

Part 21 Discovery, inspection and notice to produce documents

Part 21 Discovery, inspection and notice to produce documents

21 Definitions

21.1 Definitions

(cf SCR Part 23, rule 1; DCR Part 22, rule 1)

(1) In this Division—

excluded document, in relation to proceedings the subject of an order for discovery, means any of the following documents—

(a) any document filed in the proceedings,

(b) any document served on party A after the commencement of the proceedings,

(c) any document that wholly came into existence after the commencement of the proceedings,

(d) any additional copy of a document included in the list of documents, being a document that contains no mark, deletion or other matter, relevant to a fact in question, not present in the document so included,

(e) any document comprising an original written communication sent by party B prior to the date of commencement of the proceedings of which a copy is included in the list of documents,

but does not include any document that the court declares not to be an excluded document for the purposes of those proceedings.

list of documents means a list of documents referred to in rule 21.3.

order for discovery means an order referred to in rule 21.2.

party A means a party to whom another party is giving discovery, or being ordered to give discovery, of documents.

party B means a party who is giving discovery, or being ordered to give discovery, of documents.

party B’s affidavit means an affidavit prepared in relation to the list of documents under rule 21.4.

Note.

See the Dictionary for further definitions including, in particular, a definition of possession.

(2) For the purposes of this Division, a document or matter is to be taken to be relevant to a fact in issue if it could, or contains material that could, rationally affect the assessment of the probability of the existence of that fact (otherwise than by relating solely to the credibility of a witness), regardless of whether the document or matter would be admissible in evidence.

Part 22 Interrogatories

Part 22 Interrogatories

22 Interrogatories

22.1 Interrogatories

(cf SCR Part 24, rules 1–6; DCR Part 22A, rules 1–6)

(1) At any stage of the proceedings, the court may order any party to answer specified interrogatories.

(2) An application for such an order must be accompanied by a copy of the proposed interrogatories.

(3) In the case of proceedings on—

(a) a claim for damages arising out of the death of, or bodily injury to, any person, or

(b) a claim for contribution in relation to damages so arising,

such an order is not to be made unless the court is satisfied that special reasons exist that justify the making of the order.

(4) In any case, such an order is not to be made unless the court is satisfied that the order is necessary at the time it is made.

(5) An order to answer interrogatories—

(a) may require the answers to be given within a specified time, and

(b) may require the answers, or any of them, to be verified by affidavit, and

(c) in circumstances in which rule 35.3 authorises someone other than the party to whom the order is addressed to make the relevant affidavit, may specify the person to make the affidavit, or the persons from whom the person to make the affidavit may be chosen, in relation to the interrogatories or any of them.

Part 23 Medical examinations and inspection of property

Part 23 Medical examinations and inspection of property

23 Application and definitions

23.1 Application and definitions

(cf SCR Part 25, rule 1; DCR Part 23, rule 1; LCR Part 20, rule 1)

(1) This Division applies to proceedings in which—

(a) a person’s physical or mental condition is relevant to a matter in question, and

(b) either—

(i) that person is a party, or

(ii) that person is a person for whose benefit a party is claiming relief under the Compensation to Relatives Act 1897.

(2) In this Division—

first party means the party referred to in subrule (1)(b).

medical examination includes any examination by a medical expert but does not include tests referred to in Division 2.

medical expert includes dentist, medical practitioner, occupational therapist, optometrist, physiotherapist and psychologist.

notice for medical examination means a notice referred to in rule 23.2(1).

person concerned means the person referred to in subrule (1)(a) (whether or not the first party) whose physical or mental condition is relevant to a matter in question.

Part 24 Taking evidence otherwise than at trial

Part 24 Taking evidence otherwise than at trial

24 Application of Part

24.1 Application of Part

This Part applies to proceedings in the Supreme Court or the District Court.

Part 25 Interim preservation

Part 25 Interim preservation

25 Application

25.1 Application

(1) This Part applies to proceedings in the Supreme Court, the Industrial Court, the Land and Environment Court or the District Court.

(2) Divisions 2 and 3, but not this Division, also apply to proceedings in the Dust Diseases Tribunal.

rule 25.1: Am 2006 (288), Sch 1 [8]; 2008 (494), Sch 1 [7]; 2009 (570), Sch 1 [5].

Part 26 Receivers

Part 26 Receivers

26 Application

26.1 Application

This Part applies to proceedings in the Supreme Court.

Part 27 Disposal of land

Part 27 Disposal of land

27 Power to order sale

27.1 Power to order sale

(cf SCR Part 30, rule 2)

In proceedings in the Supreme Court in relation to land, other than proceedings in the Common Law Division for possession of land, the Court may, at any stage of the proceedings—

(a) order that the whole or any part of the land be sold, and

(b) order that any party in receipt of the rents or profits of the land, or otherwise in possession of the land, deliver possession to such person as the Court may direct.

Part 28 Separate decision of questions and consolidation

Part 28 Separate decision of questions and consolidation

28 Definition

28.1 Definition

(cf SCR Part 31, rule 1)

In this Part, question includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.

Part 29 Trials

Part 29 Trials

29 Beginning and opposite parties

29.1 Beginning and opposite parties

(cf SCR Part 34, rule 1; DCR Part 26, rule 1A; LCR Part 21, rule 1A)

Subject to any directions given by the court, for the purposes of this Part—

(a) if the burden of proof on any issue lies on the plaintiff, the plaintiff is to be the beginning party and the defendant the opposite party, and

(b) if the burden of proof on all the issues lies on the defendant, the defendant is to be the beginning party and the plaintiff the opposite party.

Part 30 Assessment of damages and value of goods

Part 30 Assessment of damages and value of goods

30 Damages under judgment

30.1 Damages under judgment

(cf SCR Part 35, rule 1; DCR Part 11A, rule 2(2); LCR Part 10A, rule 2(2))

(1) This rule applies to proceedings in which judgment against a party has been given for damages to be assessed.

(2) Subject to subrule (3), the proceedings are to proceed to trial for assessment of damages.

(3) If the proceedings are carried on against the party on any claim for relief not determined by the judgment, or against any other party, the trial for assessment of damages is to be held together with any other trial in the proceedings.

Part 31 Evidence

Part 31 Evidence

31 Manner of giving evidence at trial

31.1 Manner of giving evidence at trial

(cf SCR Part 36, rule 2; DCR Part 28, rule 2; LCR Part 25, rule 9)

(1) This rule applies to a trial of proceedings commenced by statement of claim, or in which a statement of claim has been filed.

(2) Subject to subrules (3), (4) and (5) and to the provisions of the Evidence Act 1995, a witness’s evidence at a trial must be given orally before the court.

(3) The court may order that all or any of a witness’s evidence at a trial must be given by affidavit or, subject to rule 31.4, by witness statement.

(4) Unless the court orders otherwise, evidence of facts must be given by affidavit if the only matters in question are—

(a) interest up to judgment in respect of a debt or liquidated claim, or

(b) the assessment of damages or the value of goods under Part 30, or

(c) costs.

(5) Unless the court otherwise orders, at any trial on an assessment of the amount to be recovered by a plaintiff after default judgment has been given, the following evidence may be given by affidavit—

(a) evidence of the identity of any motor vehicle,

(b) evidence of the damage sustained by a motor vehicle in a particular collision,

(c) evidence of the reasonable cost of repairing that damage.

rule 31.1: Am 2005 (395), Sch 1 [32] [33].

pt.31-div.2-sdiv.1 Preliminary

Subdivision 1 Preliminary

pt 31, div 2, sdiv 1, hdg: Ins 2006 (717), Sch 1 [1].

pt.31-div.2-sdiv.2 Expert witnesses generally

Subdivision 2 Expert witnesses generally

pt 31, div 2, sdiv 2, hdg: Ins 2006 (717), Sch 1 [1].

pt.31-div.2-sdiv.3 Experts’ reports and expert evidence

Subdivision 3 Experts’ reports and expert evidence

pt 31, div 2, sdiv 3, hdg: Ins 2006 (717), Sch 1 [1].

pt.31-div.2-sdiv.4 Parties’ single experts

Subdivision 4 Parties’ single experts

pt 31, div 2, sdivs 4, 5 (rules 31.37–31.54): Ins 2006 (717), Sch 1 [1].

pt.31-div.2-sdiv.5 Court-appointed experts

Subdivision 5 Court-appointed experts

pt 31, div 2, sdivs 4, 5 (rules 31.37–31.54): Ins 2006 (717), Sch 1 [1].

Part 32 Trans-Tasman Proceedings Act 2010 (Commonwealth)

Part 32 Trans-Tasman Proceedings Act 2010 (Commonwealth)

pt 32: Subst 2011 (632), Sch 1 [3].

32 Interpretation

32.1 Interpretation

(cf Federal Court Rules 2011, rule 34.61)

(1) In this Part—

Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 of the Commonwealth.

(2) Expressions used in this Part and the Trans-Tasman Proceedings Act have the same meanings in this Part as they have in that Act, except where the subject-matter or context otherwise indicates.

Note.

The following expressions used in this Part are defined in the Trans-Tasman Proceedings Act—

• audio link

• audiovisual link

• civil proceeding

• defendant

• document

• enforcement

• entitled person

• given

• liable person

• party

• person named

• plaintiff

rules 32.1, 32.2: Subst 2011 (632), Sch 1 [3].

Part 33 Subpoenas

Part 33 Subpoenas

Note.

The provisions of this Part comprise uniform rules developed under the auspices of the Australian Council of Chief Justices.

pt 33, note: Ins 2006 (288), Sch 1 [11].

33 Definitions

33.1 Definitions

(cf SCR Part 37, rule 1)

(1) In this Part—

addressee means the person who is the subject of the order expressed in a subpoena.

conduct money means a sum of money or its equivalent, such as prepaid travel, that is sufficient to meet the reasonable expenses of an addressee attending court as required by a subpoena and returning after attending.

Example—

Items equivalent to a sum of money include cash, cheque, bank cheque and funds transferred by electronic means, including electronic funds transfer or other digital payment systems. Prepaid travel may include petrol vouchers.

issuing officer means an officer of the court who is empowered to issue a subpoena on behalf of the court.

issuing party means the party at whose request a subpoena is issued.

registrar, in relation to proceedings in respect of which a subpoena is sought or issued, means—

(a) in relation to the Supreme Court, the principal registrar, and, and

(a1) in relation to the Industrial Court, the industrial registrar referred to in section 207 of the Industrial Relations Act 1996, and

(b) in relation to the District Court—

(i) the principal registrar, or

(ii) the registrar of the District Court for the proclaimed place (within the meaning of the District Court Act 1973) where the subpoena was issued, or where the subpoena is returnable, whichever is applicable, and

(c) in relation to the Local Court, the registrar of the Local Court for the venue where the subpoena was issued.

subpoena means an order in writing requiring the addressee—

(a) to attend to give evidence, or

(b) to produce the subpoena or a copy of it and a document or thing, or

(c) to do both of those things,

and includes a summons to that effect under section 165 of the Industrial Relations Act 1996.

(2) To the extent that a subpoena requires the addressee to attend to give evidence, it is called a subpoena to attend to give evidence.

(3) To the extent that a subpoena requires the addressee to produce the subpoena or a copy of it and a document or thing, it is called a subpoena to produce.

Note.

See also rules 7.3, 10.12, 10.20, 31.20, 31.22 and 31.23 with respect to the issue and service of subpoenas.

rule 33.1: Am 2007 (501), Sch 1 [3]; 2007 (579), Sch 2 [5]; 2009 (570), Sch 1 [6] [7]; 2024 (517), Sch 1[1].

Part 34 Notices to produce at hearing

Part 34 Notices to produce at hearing

34 Notice to produce to court

34.1 Notice to produce to court

(cf SCR Part 36, rule 16; DCR Part 28, rule 18; LCR Part 23, rule 9)

(1) A party may, by notice served on another party, require the other party to produce to the court, or to any examiner—

(a) at any hearing in the proceedings or before any such examiner, or

(a1) at any time fixed by the court for the return of subpoenas, or

(b) by leave of the court, at some other specified time,

any specified document or thing.

(2) The other party must comply with a notice to produce—

(a) by producing the notice or a copy of it, and the document or thing, to the court, or to the examiner authorised to take evidence in the proceeding as permitted by the court, at the date, time and place specified for production, or

(b) by delivering or sending the notice or a copy of it, and the document or thing, to the registrar at the address specified for the purpose in the notice, so that they are received not less than 2 clear days before the date specified in the notice for production.

rule 34.1: Am 2006 (716), Sch 1 [18] [19].

Part 35 Affidavits

Part 35 Affidavits

35 Irregularity does not invalidate affidavit

35.1 Irregularity does not invalidate affidavit

(cf SCR Part 38, rule 5; DCR Part 30, rule 5; LCR Part 25, rule 5)

An affidavit may, with the leave of the court, be used despite any irregularity in form.

Part 36 Judgments and orders

Part 36 Judgments and orders

36 General relief

36.1 General relief

(cf SCR Part 40, rule 1; DCR Part 31, rule 8; LCR Part 26, rule 1)

At any stage of proceedings, the court may give such judgment, or make such order, as the nature of the case requires, whether or not a claim for relief extending to that judgment or order is included in any originating process or notice of motion.

Part 37 Time to pay and payment by instalments

Part 37 Time to pay and payment by instalments

37 Instalments under Fines Act 1996

37.1 Instalments under Fines Act 1996

This Part does not apply to a fine in relation to which enforcement action is being taken under Division 4 of Part 4 of the Fines Act 1996.

Note.

The Fines Act 1996 has its own regime for the payment of fines by instalments.

rule 37.1: Ins 2008 (338), Sch 1 [12].

Part 38 Examination of judgment debtor etc

Part 38 Examination of judgment debtor etc

38 Examination notice

38.1 Examination notice

(cf Act No 11 1970, section 43A)

(1) The person in whose favour a judgment or order has been given or made may, by notice in writing served on the person bound by the judgment or order (an examination notice), require that person to do either or both of the following—

(a) to provide answers to specified material questions,

(b) to produce for inspection by the judgment creditor specified documents in relation to material questions.

(2) An examination notice must specify the period (being not less than 28 days) within which its requirements must be complied with.

Part 39 Enforcement of judgments

Part 39 Enforcement of judgments

39 Circumstances in which issue of writ requires leave

39.1 Circumstances in which issue of writ requires leave

(cf SCR Part 44, rule 2)

(1) A writ of execution may not be issued in the following circumstances except by leave of the court—

(a) if there has been any change in the persons entitled or liable to execution under the judgment, whether by assignment, death or otherwise,

(b) if the judgment is against the assets of a deceased person coming to the hands of an executor or administrator after the judgment took effect, and the writ is against those assets or any of them,

(c) if a person’s entitlement under the judgment is subject to fulfilment of a condition,

(d) if the writ is a writ for the possession of land,

(e) if the writ is against property in the hands of a receiver appointed by the court,

(f) if the writ is against property in the hands of a sequestrator,

(g) if the writ is in aid of another writ of execution.

Note.

See also section 134 of the Civil Procedure Act 2005 with respect to stale judgments.

(2) If leave is required, it may be applied for in the notice of motion for the issue of the writ of execution.

(3) The motion for leave must be supported by the following evidence—

(a) evidence that the applicant is entitled to proceed to execution on the judgment,

(b) evidence that the person against whom execution is sought to be issued is liable to execution on the judgment,

(c) if the judgment is for the payment of money, evidence as to the amount due on the date of the motion,

(d) if subrule (1)(a) applies, evidence as to the change which has taken place,

(e) if subrule (1)(b) or (c) applies, evidence that a demand to satisfy the judgment has been made on the person liable to satisfy it and that the person has not satisfied it.

(4) Subrule (1) does not limit the operation of any other Act or law that requires leave for the issue of a writ of execution.

Part 40 Additional measures for enforcing judgments and orders of the Supreme Court and District Court

Part 40 Additional measures for enforcing judgments and orders of the Supreme Court and District Court

40 Application of Division

40.1 Application of Division

This Division applies to judgments and orders of the Supreme Court (in this Division referred to simply as judgments), and so applies in addition to the provisions of Part 8 of the Civil Procedure Act 2005.

Part 41 Funds in court

Part 41 Funds in court

41 Definitions

41.1 Definitions

In this Part—

deposited funds means money that has been deposited in a bank in accordance with rule 41.2.

funds in court means money that has been paid into court.

Part 42 Costs

Part 42 Costs

42 General rule that costs follow the event

42.1 General rule that costs follow the event

(cf SCR Part 52A, rule 11)

Subject to this Part, if the court makes any order as to costs, the court is to order that the costs follow the event unless it appears to the court that some other order should be made as to the whole or any part of the costs.

Part 43 Interpleader proceedings

Part 43 Interpleader proceedings

43 Definitions

43.1 Definitions

(cf SCR Part 56, rule 1)

In this Part—

claimant means a person by whom a stakeholder or the Sheriff is being sued, or expects to be sued, in proceedings before a court.

disputed property means any debt or other personal property in respect of which a stakeholder or the Sheriff is being sued, or expects to be sued, by two or more persons in proceedings before a court.

execution creditor means a person on whose behalf a writ of execution is issued.

notice of admission means a notice referred to in rule 43.3(4).

notice of claim means a notice of claim referred to in rule 43.3(1).

stakeholder means a person (other than the Sheriff) who is under a liability in respect of a debt or other personal property.

Part 44 Transfer of proceedings

Part 44 Transfer of proceedings

44 Definitions

44.2 Definitions

(cf SCR Part 74, rule 4)

(1) In this Division, a cross-vesting Act means the Jurisdiction of Courts (Cross-vesting) Act 1987 or the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.

(2) Expressions used in this Division have, in relation to proceedings under a cross-vesting Act, the same meaning as in that Act.

(3) In this Division, a reference to a provision of a cross-vesting Act is a reference to a provision of the Jurisdiction of Courts (Cross-vesting) Act 1987, and extends to the corresponding provision of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.

Part 45 Specialist lists

Part 45 Specialist lists

45 Entry as indicated by originating process

45.1 Entry as indicated by originating process

(1) If the originating process in proceedings in the Common Law Division of the Supreme Court indicates that the proceedings are intended to be entered in one of the following lists, the proceedings are to be entered in that list—

The Administrative Law List

The Defamation List

The Possession List

The Professional Negligence List

(2) If the originating process in proceedings in the Equity Division of the Supreme Court indicates that the proceedings are intended to be entered in one of the following lists, the proceedings are to be entered in that list—

The Admiralty List

The Commercial List

The Technology and Construction List

The Protective List

The Revenue List

The Probate List

(3) If proceedings are commenced by an originating process under the Supreme Court (Corporations) Rules 1999, the proceedings are to be entered in the Corporations List in the Equity Division of the Supreme Court.

(4) In this Division, the lists referred to in subrules (1), (2) and (3) are referred to as specialist lists.

rule 45.1: Ins 2006 (391), Sch 1 [12]. Am 2006 (716), Sch 1 [27]; 2007 (501), Sch 1 [6]; 2012 (608), Sch 1 [3].

Part 46 Accounts and inquiries

Part 46 Accounts and inquiries

pt 46: Ins 2006 (391), Sch 1 [12].

46 Application of Part

46.1 Application of Part

(cf SCR Part 49, rule 1)

(1) This Part applies to accounts, inquiries and other matters under an order in the same way as it applies to accounts, inquiries and other matters under a judgment.

(2) In the application of this Part to accounts, inquiries and other matters under an order—

(a) references in this Part to a judgment extend to an order, and

(b) references in this Part to the giving of judgment extend to the making of an order.

pt 46, div 1 (rules 46.1–46.9): Ins 2006 (391), Sch 1 [12].

Part 47 Matters arising under the Commercial Arbitration Act 2010

Part 47 Matters arising under the Commercial Arbitration Act 2010

pt 47, hdg: Ins 2006 (391), Sch 1 [12]. Am 2010 (571), Sch 1 [1].

pt 47: Ins 2006 (391), Sch 1 [12].

47 Definitions

47.1 Definitions

(cf SCR Part 72A, rule 1)

In this Part—

arbitral tribunal has the same meaning as it has in the Commercial Arbitration Act 2010.

arbitration has the same meaning as it has in the Commercial Arbitration Act 2010.

the court means the Supreme Court or a court exercising functions under section 6(2) of the Commercial Arbitration Act 2010.

rules 47.1–47.8: Ins 2006 (391), Sch 1 [12]. Subst 2010 (571), Sch 1 [2].

Part 48 Matters arising under Commonwealth intellectual property legislation

Part 48 Matters arising under Commonwealth intellectual property legislation

48 Application

48.1 Application

(cf SCR Part 81, rule 1)

This Part applies to intellectual property cases in the Supreme Court.

pt 48, divs 1–5 (rules 48.1–48.24): Ins 2006 (391), Sch 1 [12].

Part 49 Reference and removal of proceedings, and appeals and reviews, within the court

Part 49 Reference and removal of proceedings, and appeals and reviews, within the court

pt 49, hdg (previously Part 45, heading): Renumbered 2006 (391), Sch 1 [11]. Subst 2007 (580), Sch 1 [8].

pt 49 (previously Part 45): Renumbered 2006 (391), Sch 1 [11].

49 Construction of certain references

49.1 Construction of certain references

In this Division—

(a) a reference to the Supreme Court is a reference to the Supreme Court constituted by a Judge of the Supreme Court, and

(b) a reference to an associate Judge of the Supreme Court is a reference to the Supreme Court constituted by that associate Judge.

Note.

See section 36 of the Land and Environment Court Act 1979, which provides that proceedings that are before a Commissioner of the Land and Environment Court under that section, or under section 34 of that Act, may be referred or removed for hearing by a Judge of the Land and Environment Court in the same way as proceedings before an associate Judge of the Supreme Court may be referred or removed for hearing by a Judge of the Supreme Court.

rule 49.1 (previously rule 45.1): Subst 2005 (395), Sch 1 [52]. Renumbered 2006 (391), Sch 1 [11]. Am 2007 (580), Sch 1 [9].

Part 50 Appeals to the court

Part 50 Appeals to the court

pt 50 (previously Part 46): Renumbered 2006 (391), Sch 1 [11].

50 Application

50.1 Application

(cf SCR Part 51A, rule 1)

This Part applies to any appeal, other than—

(a) an appeal to the Supreme Court that, under the Supreme Court Act 1970, is assigned to the Court of Appeal, or

(b) an appeal to the Supreme Court under Part 5 of the Crimes (Appeal and Review) Act 2001, or

(c) an appeal to the Supreme Court to which the provisions of Part 80A rule 32(1) of the Supreme Court Rules 1970 or rule 14.1 of the Supreme Court (Corporations) Rules 1999 apply.

Note.

The provisions of this Part, like the other provisions of these rules, are subject to any Act that makes provision to the contrary.

rule 50.1 (previously rule 46.1): Am 2005 (808), Sch 1 [6] [7]. Renumbered 2006 (391), Sch 1 [11]. Am 2007 (579), Sch 1 [20].

Part 51 Court of Appeal

Part 51 Court of Appeal

pt 51: Ins 2007 (448), Sch 1 [1].

51 Application of Part

51.1 Application of Part

(cf SCR Part 51, rule 3)

(1) This Part applies to any proceedings (whether or not appeal proceedings) that are assigned to the Court of Appeal.

Note 1.

Part 50 applies to appeals to the Supreme Court that are not assigned to the Court of Appeal under the Supreme Court Act 1970. See rule 50.1(a).

Note 2.

References in this Part to proceedings in the Court generally are references to any proceedings in the Court (including appeal proceedings), except in so far as the context or subject-matter otherwise indicates or requires.

(2) Subject to any relevant practice note, this Part extends to proceedings in the Court commenced before 1 January 2008.

Note.

Section 14 of the Civil Procedure Act 2005 also provides that, in relation to particular civil proceedings, a court may, by order, dispense with any requirement of rules of court if satisfied that it is appropriate to do so in the circumstances of the case.

(3) Subject to this Part, the other provisions of these rules apply, so far as applicable, to proceedings in the Court.

(4) For the avoidance of doubt, the rules referred to in subrule (3) have effect subject to the following modifications—

(a) a reference to a plaintiff includes a reference to a person who commences proceedings in the Court (whether as an appellant or otherwise),

(b) a reference to a defendant includes a reference to a respondent (or cross-respondent) in proceedings in the Court,

(c) a reference to an originating process includes a reference to a notice of appeal or notice of cross-appeal,

(d) such other modifications as are necessary.

rule 51.1: Ins 2007 (448), Sch 1 [1].

pt.51-div.4-sdiv.1 Making applications for leave

Subdivision 1 Making applications for leave

pt 51, div 4, sdiv 1: Ins 2007 (448), Sch 1 [1].

pt.51-div.4-sdiv.2 Supporting documentation

Subdivision 2 Supporting documentation

pt 51, div 4, sdiv 2: Ins 2007 (448), Sch 1 [1].

pt.51-div.4-sdiv.3 Powers on applications for leave

Subdivision 3 Powers on applications for leave

pt 51, div 4, sdiv 3 (rules 51.14, 51.15): Ins 2007 (448), Sch 1 [1].

pt.51-div.5-sdiv.1 Institution of appeals and cross-appeals

Subdivision 1 Institution of appeals and cross-appeals

pt 51, div 5, sdiv 1: Ins 2007 (448), Sch 1 [1].

pt.51-div.5-sdiv.2 Notices of appeal and cross-appeal

Subdivision 2 Notices of appeal and cross-appeal

pt 51, div 5, sdiv 2: Ins 2007 (448), Sch 1 [1].

pt.51-div.5-sdiv.3 Appeal Books and other supporting documentation

Subdivision 3 Appeal Books and other supporting documentation

pt 51, div 5, sdiv 3: Ins 2007 (448), Sch 1 [1].

pt.51-div.5-sdiv.4 Written submissions and chronologies

Subdivision 4 Written submissions and chronologies

pt 51, div 5, sdiv 4: Ins 2007 (448), Sch 1 [1].

pt.51-div.5-sdiv.5 Use of material from leave applications

Subdivision 5 Use of material from leave applications

pt 51, div 5, sdiv 5 (rule 51.39): Ins 2007 (448), Sch 1 [1].

pt.51-div.5-sdiv.5A Written submissions—concurrent hearings

Subdivision 5A Written submissions—concurrent hearings

pt 51, div 5, sdiv 5A (rule 51.39A): Ins 2012 (365), Sch 1 [1].

pt.51-div.5-sdiv.6 Notices of contention and objections to competency

Subdivision 6 Notices of contention and objections to competency

pt 51, div 5, sdiv 6: Ins 2007 (448), Sch 1 [1].

pt.51-div.8-sdiv.1 Offers of compromise

Subdivision 1 Offers of compromise

pt 51, div 8, sdiv 1: Ins 2007 (448), Sch 1 [1].

pt.51-div.8-sdiv.2 Powers of Court

Subdivision 2 Powers of Court

pt 51, div 8, sdiv 2: Ins 2007 (448), Sch 1 [1].

pt.51-div.8-sdiv.3 Discontinuances

Subdivision 3 Discontinuances

pt 51, div 8, sdiv 3: Ins 2007 (448), Sch 1 [1].

pt.51-div.8-sdiv.4 Other

Subdivision 4 Other

pt 51, div 8, sdiv 4: Ins 2007 (448), Sch 1 [1].

Part 52 Taking evidence for foreign and Australian courts and tribunals

Part 52 Taking evidence for foreign and Australian courts and tribunals

pt 52: Ins 2007 (501), Sch 1 [7].

52 Procedure

52.1 Procedure

(cf SCR Part 58, rule 1)

(1) Proceedings for an order under section 33 of the Evidence on Commission Act 1995 in relation to a matter pending before a requesting court may be commenced in the Supreme Court—

(a) by a person nominated for that purpose by the requesting court, or

(b) if no person is so nominated, by the Attorney General.

(2) In proceedings for such an order, no person is required to be joined as a defendant.

(3) If proceedings for such an order have been commenced in relation to a matter pending before a requesting court, any other application for such an order in relation to the same matter is to be made by notice of motion in the proceedings.

(4) Rules 52.2–52.5 have effect unless the Supreme Court otherwise orders.

rules 52.1–52.4: Ins 2007 (501), Sch 1 [7].

Part 53 Matters arising under the Foreign Judgments Act 1991 of the Commonwealth

Part 53 Matters arising under the Foreign Judgments Act 1991 of the Commonwealth

pt 53 (rules 53.1–53.8): Ins 2007 (501), Sch 1 [7].

53 Definitions

53.1 Definitions

(cf SCR Part 59A, rule 1)

In this Part, judgment, judgment creditor, judgment debtor and money judgment have the same meanings as they have in the Foreign Judgments Act 1991 of the Commonwealth.

pt 53 (rules 53.1–53.8): Ins 2007 (501), Sch 1 [7].

Part 54 Administration of estates and execution of trusts

Part 54 Administration of estates and execution of trusts

pt 54 (rules 54.1–54.8): Ins 2007 (501), Sch 1 [7].

54 Definitions

54.1 Definitions

(cf SCR Part 68, rule 1)

In this Part—

administration proceedings means proceedings for the administration of an estate, or for the execution of a trust, under the direction of the Supreme Court.

ancillary proceedings means proceedings brought pursuant to rule 54.3.

estate means a deceased person’s estate.

pt 54 (rules 54.1–54.8): Ins 2007 (501), Sch 1 [7].

Part 55 Matters arising under the Trustee Act 1925

Part 55 Matters arising under the Trustee Act 1925

pt 55: Ins 2007 (501), Sch 1 [7].

55 Statement

55.1 Statement

(cf SCR Part 70, rule 3)

(1) A statement under section 63 of the Trustee Act 1925—

(a) must be divided into consecutively numbered paragraphs, and

(b) must state the facts concisely, and

(c) must state the question for opinion, advice or direction.

(2) Despite rule 6.12(2), the originating process in proceedings under section 63 of the Trustee Act 1925 need not state the question for opinion, advice or direction.

pt 55, div 2 (rules 55.1–55.7): Ins 2007 (501), Sch 1 [7].

Part 56 Matters arising under the Adoption Act 2000

Part 56 Matters arising under the Adoption Act 2000

pt 56: Ins 2007 (501), Sch 1 [7].

56 Interpretation

56.1 Interpretation

(cf SCR Part 73, rule 1)

(1) Words and expressions used in this Part have the same meanings as they have in the Adoption Act 2000.

(2) In this Part, a reference to an originating process includes a reference to a notice of motion referred to in rule 56.2(1).

rules 56.1–56.9: Ins 2007 (501), Sch 1 [7].

Part 56A Matters arising under the Surrogacy Act 2010

Part 56A Matters arising under the Surrogacy Act 2010

pt 56A (rules 56A.1–56A.10): Ins 2011 (61), Sch 1 [1].

56A Interpretation

56A.1 Interpretation

(1) Words and expressions used in this Part have the same meanings as they have in the Surrogacy Act 2010.

(2) In this Part, a reference to an originating process includes a reference to a notice of motion referred to in rule 56A.2(1).

pt 56A (rules 56A.1–56A.10): Ins 2011 (61), Sch 1 [1].

Part 57 Matters arising under the NSW Trustee and Guardian Act 2009 or Guardianship Act 1987

Part 57 Matters arising under the NSW Trustee and Guardian Act 2009 or Guardianship Act 1987

pt 57: Ins 2007 (501), Sch 1 [7].

pt 57, hdg: Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [19].

57 Interpretation

57.1 Interpretation

(1) Words and expressions used in this Part have the same meanings as they have in the NSW Trustee and Guardian Act 2009 or the Guardianship Act 1987, as the case requires.

(2) In this Part, a reference to an originating process includes a reference to a notice of motion referred to in rule 57.2(1).

rule 57.1: Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [20].

Part 58 Representative proceedings

Part 58 Representative proceedings

pt 58 (rules 58.1, 58.2): Ins 2011 (101), Sch 1.

58 Introduction

58.1 Introduction

(1) This Part applies to representative proceedings commenced under Part 10 of the Act.

(2) Words and expressions used in this Part have the same meanings as they have in Part 10 of the Act.

(3) In this Part—

the Act means the Civil Procedure Act 2005.

pt 58 (rules 58.1, 58.2): Ins 2011 (101), Sch 1.

Part 59 Judicial review proceedings

Part 59 Judicial review proceedings

pt 59: Ins 2013 (108), Sch 1 [1].

59 Application

59.1 Application

(1) This Part applies to the following proceedings for judicial review—

(a) proceedings under section 65 and 69 of the Supreme Court Act 1970 and other proceedings in the supervisory jurisdiction of the Supreme Court, and

(b) proceedings for or in the nature of judicial review in the Class 4 or Class 8 jurisdiction of the Land and Environment Court.

(2) This Part does not apply to proceedings commenced before the commencement of this Part.

rule 59.1: Ins 2013 (108), Sch 1 [1].

Schedule 1 Application of rules

Schedule 1 Application of rules

(Rules 1.5 and 1.6)

| Column 1 | Column 2 | Column 3 | Column 4 | | Court | Kinds of civil proceedings | Excluded provisions of Civil Procedure Act 2005 | Excluded provisions of rules | | Supreme Court | All civil proceedings | | | | Industrial Court | All civil proceedings | | Part 6Part 16Part 20, except for Division 4 (but Division 4 does not apply until after conciliation has been attempted under section 109 of the Industrial Relations Act 1996)Part 23, Divisions 1 and 2Parts 37, 38 and 39Part 42, Division 2Part 43 | | Industrial Relations Commission (when constituted otherwise than as the Industrial Court) | All civil proceedings | | Parts 5 and 6Part 16Part 17 (except to the extent to which the Commission orders that the Part is to apply)Part 20Part 21 (except to the extent to which the Commission orders that the Part is to apply)Parts 22 and 23Part 31, Division 1, except for rules 31.1, 31.2, 31.3, 31.4, 31.11, 31.12 and 31.16APart 31, Division 2Part 32Part 34 (except to the extent to which the Commission orders that the Part is to apply)Parts 37, 38 and 39Parts 42 and 43Part 46 | | Land and Environment Court | Proceedings in Class 1, 2 or 3 of its jurisdiction, other than proceedings under section 56A of the Land and Environment Court Act 1979 | | Part 6, Divisions 2 and 4Part 20, Division 4, and Part 42, Division 3, in relation to all proceedings other than those referred to in—(a) section 19(a), (c), (c1), (e), (e2), (e3), (f), (f1) or (g) or 40 of the Land and Environment Court Act 1979, or(b) section 179, 181, 677 or 730 of the Local Government Act 1993, or(c) section 44 of the Fisheries Management Act 1994Rules 42.1, 42.6, 42.8, 42.9, 42.18, 42.19 and 42.20 | | | Proceedings in Class 4 or 8 of its jurisdiction | | | | | Proceedings under section 56A of the Land and Environment Court Act 1979 | | | | District Court | All civil proceedings | | | | Dust Diseases Tribunal | All civil proceedings | Part 9 | Part 15, Division 3Part 21Part 22 | | Local Court | Civil proceedings under Part 3 of the Local Court Act 2007 that are held before the Local Court sitting in its General Division | | | | | Proceedings under Part 3 of the Local Court Act 2007 that are held before the Local Court sitting in its Small Claims Division | Parts 4 and 5Sections 60, 70, 87, 92 and 98Division 5 of Part 6 | Part 5Part 7, Divisions 2 and 6Part 11Part 13Rules 14.4 and 14.5Rules 15.7 and 15.8Part 15, Division 2Rule 16.4Part 17Part 18, except in relation to an application under rule 23.8, 36.15, 36.16 or 43.6Part 20, Divisions 1, 2, 3 and 4Parts 21 and 22Part 23, Divisions 1 and 2Parts 24, 25, 26, 27, 28 and 29Parts 31 and 32Rule 36.8Part 39, Division 2Parts 40 and 41Part 44, except for rule 44.1 |

sch 1: Am 2005 No 22, Sch 3 [4] [5]; 2005 (395), Sch 1 [58]–[64]; 2005 (396), Sch 1 [2]; 2005 (625), Sch 1 [19]; 2006 (391), Sch 1 [27]; 2007 (579), Sch 2 [9]; 2007 (580), Sch 1 [11]; 2009 (88), Sch 1 [15]; 2009 (118), rule 3 (1) (2); 2009 (570), Sch 1 [8]; 2015 (372), cl 3 (1) (2).

Schedule 2 Local rules that prevail over these rules

Schedule 2 Local rules that prevail over these rules

(Rule 1.7)

Supreme Court Rules 1970

| Part | Provision | | Part 55 (Contempt) | Rule 7 | | Part 71A (Service and Execution of Process Act 1992 (Commonwealth)) | Rule 8 | | Part 78 (Probate) | All rules in that Part | | Part 80 (Companies (New South Wales) Code and Corporations Law) | All rules in that Part | | Part 80A (Corporations Law and ASC Law) | All rules in that Part | | Part 82 (Public Notaries Act 1997) | Rules 2 and 7 |

Supreme Court (Corporations) Rules 1999

| Division | Provision | | All Divisions | All rules in those Divisions |

Industrial Relations Commission Rules 2022

| Part | Provision | | All Parts | All rules in those Parts |

Land and Environment Court Rules 2007

| Part | Provision | | All Parts | All rules in those Parts |

Dust Diseases Tribunal Rules

| Rules | | | All rules | |

sch 2: Am 2005 No 22, Sch 3 [6]; 2005 (395), Sch 1 [65]; 2005 (807), Sch 1 [7]; 2006 (391), Sch 1 [28]; 2007 (448), Sch 1 [2]; 2007 (501), Sch 1 [8]; 2007 (580), Sch 1 [12]; 2008 (338), Sch 1 [22]; 2009 (570), Sch 1 [9]; 2024 (480), Sch 1[6].

Schedule 3 Fees and other prescribed amounts

Schedule 3 Fees and other prescribed amounts

(Rule 1.14)

| Item | Matter for which fee payable | Fee payable | | 1 | Rule 1.15 (Fees chargeable under section 28 of the Oaths Act 1900 by a person authorised under section 27(2) of that Act) | | | | (a) for taking an oath at the office of the authorised person | $4.00 | | | (b) for taking an oath anywhere less than 5 kilometres from the office of the authorised person | $4.90 | | | (c) for taking an oath anywhere 5 kilometres or more from the office of the authorised person | $18.90 | | | (d) for marking an annexure or exhibit | $1.60 | | | (e) for attesting a document | $4.00 | | 2 | Rule 31.31 (Fee for witness subpoenaed but not called to testify) | $214.00 | | 3 | Rule 31.33 (Fee for production of medical records) | $36.00 | | 4 | Rule 39.42 (Amounts garnishee may retain) | | | | (a) to cover expenses of a garnishee order in relation to debts | $13.00 | | | (b) to cover expenses of a garnishee order (other than a limited garnishee order) in relation to income | $13.00 | | | (c) to cover expenses of a limited garnishee order in relation to income | Nil | | | In this item, limited garnishee order means a garnishee order in respect of a judgment that is the subject of an instalment order. | |

sch 3: Am 2006 (717), Sch 1 [2] [3].

Schedule 4

Schedules 4, 5 (Repealed)

sch 4: Am 2005 (625), Sch 1 [20]; 2007 (580), Sch 1 [13] [14]. Subst 2014 (29), Sch 1 [2]. Rep 2016 (255), Sch 1 [12].

sch 5: Am 2006 (716), Sch 1 [31] [32]; 2009 (88), Sch 1 [16] [17]. Rep 2010 (172), Sch 1 [12].

Schedule 6 Service outside of Australia without leave

Schedule 6 Service outside of Australia without leave

(Rule 11.4)

An originating process may be served outside of Australia without leave in the following cases—

(a) when the claim is founded on a tortious act or omission—

(i) which was done or which occurred wholly or partly in Australia, or

(ii) in respect of which the damage was sustained wholly or partly in Australia,

(b) when the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract which—

(i) was made or entered into in Australia, or

(ii) was made by or through an agent trading or residing within Australia, or

(iii) was to be wholly or in part performed in Australia, or

(iv) was by its terms or by implication to be governed by Australian law or to be enforceable or cognizable in an Australian court,

(c) when the claim is in respect of a breach in Australia of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach outside of Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia,

(d) when the claim—

(i) is for an injunction to compel or restrain the performance of any act in Australia, or

(ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Australia, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Australia (including without limitation interim or ancillary relief in relation to any proceedings under the International Arbitration Act 1974 of the Commonwealth or the Commercial Arbitration Act 2010), or

(iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Division 2 of Part 25 in respect of any matter or thing in or connected with Australia,

(e) when the subject matter of the claim is land or other property situated in Australia, or any act, deed, will, instrument, or thing affecting such land or property, or the proceeding is for the perpetuation of testimony relating to such land or property,

(f) when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Australian law,

(g) when any relief is sought against any person domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not),

(h) when any person outside of Australia is—

(i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Australia or outside Australia) under any other provision of these rules, or

(ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court,

(i) when the claim is for the administration of the estate of any deceased person who at the time of his or her death was domiciled in Australia or is for any relief or remedy which might be obtained in any such proceeding,

(j) when the claim arises under an Australian enactment and—

(i) any act or omission to which the claim relates was done or occurred in Australia, or

(ii) any loss or damage to which the claim relates was sustained in Australia, or

(iii) the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged, or

(iv) the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with),

(k) when the person to be served has submitted to the jurisdiction of the court,

(l) when a claim is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or occurred wholly or partly in Australia,

(m) when it is sought to recognise or enforce any judgment,

(n) when the claim is founded on a cause of action arising in Australia,

(o) when the claim affects the person to be served in respect of his or her membership of a corporation incorporated in Australia, or of a partnership or an association formed or carrying on any part of its affairs in Australia,

(p) when the claim concerns the construction, effect or enforcement of an Australian enactment,

(q) when the claim—

(i) relates to an arbitration held in Australia or governed by Australian law, or

(ii) is to enforce in Australia an arbitral award wherever made, or

(iii) is for orders necessary or convenient for carrying into effect in Australia the whole or any part of an arbitral award wherever made,

(r) when the claim is for relief relating to the custody, guardianship, protection or welfare of a minor present in Australia or who is domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not),

(s) when the claim, so far as it concerns the person to be served, falls partly within one or more of the above paragraphs and, as to the residue, within one or more of the others of the above paragraphs.

Note 1.

Originating process includes a document that initiates a civil proceeding as well as a cross claim or third party claim.

Note 2.

If a proceeding is instituted in the court and originating process is served outside of Australia under this Schedule but the court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the court may transfer the proceeding to that other court under the Jurisdiction of Courts (Cross-vesting) Act 1987 and may make an order for costs against the party who instituted the proceeding in the court rather than in the transferee court.

sch 6: Am 2005 (395), Sch 1 [66]. Subst 2016 (755), Sch 1 [3].

Schedule 7 Expert witness code of conduct

Schedule 7 Expert witness code of conduct

(Rule 31.23)

sch 7: Am 2005 (395), Sch 1 [67]. Subst 2006 (717), Sch 1 [4]; 2016 (754), Sch 1. Am 2017 (130), cl 3; 2025 (27), Sch 1[10]–[12].

Schedule 7A Court Interpreters’ Code of Conduct

Schedule 7A Court Interpreters’ Code of Conduct

(Rule 31.61)

sch 7A: Ins 2019 (534), Sch 1[2].

Schedule 8 Assignment of business in the Supreme Court

Schedule 8 Assignment of business in the Supreme Court

(Rules 1.16 and 45.8)

sch 8: Ins 2006 (391), Sch 1 [29]. Am 2006 No 120, Sch 2.107; 2007 (164), Sch 1 [12] [13]; 2007 (501), Sch 1 [9] [10]; 2008 (338), Sch 1 [23]; 2009 (88), Sch 1 [18] [19]; 2009 (501), Sch 1 [43]; 2010 No 34, Sch 2.51; 2011 (61), Sch 1 [2]; 2011 (189), Sch 1 [9]; 2012 (608), Sch 1 [4]; 2014 No 88, Sch 2.71 [1]; 2020 (140), cl 3(2); 2021 No 6, Sch 5.23; 2021 No 7, Sch 4.24.

Schedule 9 Assignment of business in the District Court

Schedule 9 Assignment of business in the District Court

(Rule 45.14)

sch 9: Ins 2006 (391), Sch 1 [29].

Schedule 10 Provisions regarding procedure under particular legislation

Schedule 10 Provisions regarding procedure under particular legislation

(Rule 1.26)

sch 10: Ins 2008 (338), Sch 1 [24]. Am 2012 (313), rule 3; 2014 No 88, Sch 2.71 [2].

sch.10-pt.1-div Associations Incorporation Act 1984

Associations Incorporation Act 1984

sch.10-pt.1-div-oc.2 Australian Mutual Provident Society (Demutualisation and Reconstruction) Act 1997

Australian Mutual Provident Society (Demutualisation and Reconstruction) Act 1997

sch.10-pt.1-div-oc.2-sec Application of other rules of court

Application of other rules of court

(1) The provisions of Part 80A of the Supreme Court Rules 1970, so far as applicable and making such changes as it is necessary to make, apply to proceedings under the Act commenced before the Supreme Court (Corporations) Rules 1999 commenced.

(2) The provisions of the Supreme Court (Corporations) Rules 1999, so far as applicable and making such changes as it is necessary to make, apply to all other proceedings under the Act.

sch.10-pt.1-div-oc.3 Confiscation of Proceeds of Crime Act 1989

Confiscation of Proceeds of Crime Act 1989

sch.10-pt.1-div-oc.4 Contractors Debts Act 1997

Contractors Debts Act 1997

sch.10-pt.1-div-oc.5 Conveyancing Act 1919

Conveyancing Act 1919

sch.10-pt.1-div-oc.6 Co-operative Housing and Starr-Bowkett Societies Act 1998

Co-operative Housing and Starr-Bowkett Societies Act 1998

sch.10-pt.1-div-oc.6-sec Application of Supreme Court (Corporations) Rules 1999

Application of Supreme Court (Corporations) Rules 1999

The provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to applications under the Act.

sch.10-pt.1-div-oc.7 Co-operatives Act 1992

Co-operatives Act 1992

sch.10-pt.1-div-oc.7-sec Application of other rules of court

Application of other rules of court

(1) The provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to—

(a) proceedings under the Act commenced in the Supreme Court after those rules commence, and

(b) applications made under the Act in those proceedings.

(2) The provisions of Part 80A of the Supreme Court Rules 1970 relating to applications under the Corporations Law, so far as applicable and making such changes as it is necessary to make, apply to—

(a) proceedings under the Act commenced in the Supreme Court after 31 March 1994 and before the Supreme Court (Corporations) Rules 1999 commence, and

(b) applications made under the Act after 31 March 1994 in proceedings in the Supreme Court commenced before the Supreme Court (Corporations) Rules 1999 commence.

(3) The provisions of Part 80 of the Supreme Court Rules 1970 relating to applications under the Companies Code and under the Corporations Law, so far as applicable and making such changes as it is necessary to make, apply to all other proceedings commenced and applications made under the Act.

sch.10-pt.1-div-oc.8 Co-operatives (Adoption of National Law) Act 2012 and Co-operatives National Law (NSW)

Co-operatives (Adoption of National Law) Act 2012 and Co-operatives National Law (NSW)

sch.10-pt.1-div-oc.8-sec Application of other rules of court

Application of other rules of court

The provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to—

(a) proceedings under the Co-operatives (Adoption of National Law) Act 2012 or the Co-operatives National Law (NSW) commenced in the Supreme Court, and

(b) applications made under the Co-operatives (Adoption of National Law) Act 2012 or the Co-operatives National Law (NSW) in those proceedings.

sch.10-pt.1-div-oc.9 Criminal Assets Recovery Act 1990

Criminal Assets Recovery Act 1990

sch.10-pt.1-div-oc.10 Electricity Supply Act 1995

Electricity Supply Act 1995

sch.10-pt.1-div-oc.10-sec Service of certificate

Service of certificate

The Minister must, as soon as practicable, file and serve on all active parties any certificate made pursuant to section 95(3) of the Act.

sch.10-pt.1-div-oc.11 Federal Courts (State Jurisdiction) Act 1999

Federal Courts (State Jurisdiction) Act 1999

sch.10-pt.1-div-oc.12 Gas Supply Act 1996

Gas Supply Act 1996

sch.10-pt.1-div-oc.12-sec Service of certificate

Service of certificate

The Minister must file and serve on all active parties any certificate made pursuant to section 17(3) of the Act.

sch.10-pt.1-div-oc.13 Motor Accidents Act 1988

Motor Accidents Act 1988

sch.10-pt.1-div-oc.14 Motor Accidents Compensation Act 1999

Motor Accidents Compensation Act 1999

sch.10-pt.1-div-oc.15 New South Wales Crime Commission Act 1985

New South Wales Crime Commission Act 1985

sch.10-pt.1-div-oc.15-sec Review of decision

Review of decision

(1) For the purposes of section 19 of the Act, the appropriate officer is the Prothonotary.

(2) For the purposes of section 19 of the Act, the appropriate Registry is the Registry of the Common Law Division of the Supreme Court.

sch.10-pt.1-div-oc.16 Offshore Minerals Act 1999

Offshore Minerals Act 1999

sch.10-pt.1-div-oc.16-sec Commencement of proceedings under section 354

Commencement of proceedings under section 354

Proceedings for an order under section 354(1) of the Act must join as defendants both the Minister and each person who is directly affected by the relief sought in the proceedings.

sch.10-pt.1-div-oc.17 Professional Standards Act 1994

Professional Standards Act 1994

sch.10-pt.1-div-oc.17-sec Commencement of proceedings

Commencement of proceedings

(1) An application for an order under section 15 of the Act in respect of a scheme must join as a defendant the occupational association on whose application the scheme was approved by the Professional Standards Council.

(2) Within one day of commencing proceedings, the plaintiff must lodge a copy of the summons at the office of the Professional Standards Council.

sch.10-pt.1-div-oc.18 Public Health Act 1991

Public Health Act 1991

sch.10-pt.1-div-oc.19 Restricted Premises Act 1943

Restricted Premises Act 1943

sch.10-pt.1-div-oc.19-sec Application for declaration: section 3(1)

Application for declaration: section 3(1)

The Supreme Court or the District Court may make a declaration under section 3(1) of the Act even if the summons has not been served on the owner or occupier of the premises.

sch.10-pt.1-div-oc.20 Retirement Villages Act 1999

Retirement Villages Act 1999

sch.10-pt.1-div-oc.20-sec Consent of administrator

Consent of administrator

In proceedings for an order under section 84 of the Act, the plaintiff—

(a) must file the consent referred to in section 85 of the Act with the summons, and

(b) must serve the consent with the summons.

sch.10-pt.1-div-oc.21 Status of Children Act 1996

Status of Children Act 1996

sch.10-pt.1-div-oc.22 Strata Schemes (Freehold Development) Act 1973

Strata Schemes (Freehold Development) Act 1973

sch.10-pt.1-div-oc.23 Strata Schemes (Leasehold Development) Act 1986

Strata Schemes (Leasehold Development) Act 1986

sch.10-pt.1-div-oc.24 Taxation Administration Act 1996

Taxation Administration Act 1996

sch.10-pt.1-div-oc.24-sec Evidence of jurisdiction

Evidence of jurisdiction

(1) The plaintiff in proceedings seeking a review under section 97 of the Act must file an affidavit specifying—

(a) that the application is made under section 97(1)(a) of the Act, or

(b) that—

(i) the application is made under section 97(1)(b) of the Act, and

(ii) the application is not in breach of the time prescribed by section 97(1)(b) of the Act, and

(iii) section 100(1) of the Act has been complied with.

(2) The affidavit must also must show that the application is not in breach of section 97(2) of the Act.

sch.10-pt.1-div-oc.25 Victims Support and Rehabilitation Act 1996

Victims Support and Rehabilitation Act 1996

sch.10-pt.1-div-oc.26 Witness Protection Act 1995

Witness Protection Act 1995

sch.10-pt.1-div-oc.26-sec Section 19(2) and 34(2) applications

Section 19(2) and 34(2) applications

The plaintiff in proceedings for an order under section 19(2) or 34(2) of the Act must join as a defendant the person against whom the order is sought.

sch.10-pt.2-div Crimes (Superannuation Benefits) Act 1989

Crimes (Superannuation Benefits) Act 1989

sch.10-pt.2-div-sec Statement in application

Statement in application

The plaintiff in proceedings for an order under the Act must file with the summons a statement in summary form of the facts and circumstances relied on.

sch.10-pt.2-div-oc.2 International War Crimes Tribunals Act 1995

International War Crimes Tribunals Act 1995

sch.10-pt.2-div-oc.2-sec Registration: section 45

Registration: section 45

(1) The plaintiff in proceedings for registration of an order to which section 45(1) of the Act applies must join as a defendant the person against whom the order was made.

(2) Unless the Supreme Court otherwise orders, the plaintiff may proceed without service of the summons on the defendant.

(3) If the plaintiff adds to the application a request that the application be granted under this subclause, the Supreme Court may make the order in the absence of the public and without any attendance by or on behalf of the plaintiff.

(4) The plaintiff must file with the summons an affidavit setting out such particulars as are necessary to enable the Supreme Court to comply with section 45(1) of the Act.

(5) If an order is made under section 45(1) of the Act for registration of an order, the plaintiff must serve on the defendant both the registered order and the order for registration.

sch.10-pt.2-div-oc.3 Offshore Minerals Act 1994

Offshore Minerals Act 1994

sch.10-pt.2-div-oc.3-sec Commencement of proceedings under section 354

Commencement of proceedings under section 354

The plaintiff in proceedings for an order under section 354(1) of the Act must join as defendants both the Designated Authority and each person who is directly affected by the relief sought in the proceedings.

sch.10-pt.2-div-oc.4 Proceeds of Crime Act 1987

Proceeds of Crime Act 1987

sch.10-pt.2-div-oc.5 Retirement Savings Accounts Act 1997

Retirement Savings Accounts Act 1997

Schedule 11 Provisions regarding procedure in certain lists in the District Court

Schedule 11 Provisions regarding procedure in certain lists in the District Court

(Rule 1.27)

sch 11: Ins 2008 (338), Sch 1 [24]. Am 2009 (501), Sch 1 [15]; 2014 No 71, Sch 2.4; 2015 No 7, Sch 2.44 [11].

Schedule 12 Savings and transitional provisions

Schedule 12 Savings and transitional provisions

sch 12: Ins 2013 (259), Sch 1 [9]. Am 2014 (502), Sch 1 [2].