Civil and Administrative Tribunal Rules 2014 (NSW)

Part 1Preliminary1Name of rules

These rules are the Civil and Administrative Tribunal Rules 2014.

2Commencement

These rules commence on the day on which they are published on the NSW legislation website.

3Interpretation(1)

In these rules—

address for service—see rule 16.

applicable fee, in relation to a matter, means—

(a)
if a fee is prescribed by the regulations under the Act for the matter—the prescribed fee, or
(b)
if the regulations authorise the principal registrar to determine and charge the fee for the matter—the fee determined and charged by the principal registrar.

approved form, in relation to a document, means the form approved by the President or principal registrar from time to time.

DX address and DX box have the same meanings as in the Uniform Civil Procedure Rules 2005.

originating document means a document by means of which proceedings in the Tribunal are commenced by a party (including a notice of appeal).

Registry means—

(a)
an office of the principal registrar, or
(b)
such other place approved by the President or principal registrar for the lodgment of documents with the Tribunal.

reply means a reply to an originating document.

residential proceedings means proceedings allocated to the Consumer and Commercial Division of the Tribunal arising under any of the following—

(a)
the Boarding Houses Act 2012,
(b)
the Residential (Land Lease) Communities Act 2013,
(c)
the Residential Parks Act 1998,
(d)
the Residential Tenancies Act 2010,
(e)
the Retirement Villages Act 1999.

the Act means the Civil and Administrative Tribunal Act 2013.

working day means a day that is not a Saturday, Sunday or public holiday.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of these rules.

(2)

A document is not duly completed for the purposes of these rules if it does not include, or is not accompanied by, a search or other document or information specified by the approved form for the document.

(3)

Notes included in these rules do not form part of these rules.

4Application of rules(1)

These rules replace the NCAT Interim Rules 2014 set out in the former Schedule 3 to the Civil and Administrative Tribunal Regulation 2013.

Note—

The NCAT Interim Rules 2014 were repealed by the former clause 11 of the Civil and Administrative Tribunal Regulation 2013 on the day on which these rules came into force.

(2)

Any act, matter or thing that, immediately before the repeal of the NCAT Interim Rules 2014, had effect under those Rules continues to have effect under these rules.

(3)

These rules apply to proceedings in the Tribunal subject to any provisions of enabling legislation or a Division Schedule for a Division of the Tribunal that are applicable to the practice and procedure to be followed in proceedings of the kind concerned.

(4)

Nothing in these rules is intended to limit the application of…

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