Civil Procedure Act 2005 (NSW)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.13 (not commenced)
An Act with respect to practice and procedure in civil proceedings.
This Act is the Civil Procedure Act 2005.
This Act commences on a day or days to be appointed by proclamation, subject to this section.
Schedule 5.3 [1], [2] and [3], 5.15 [4], 5.17 [3] and 5.30 [8] commence on the commencement of section 3, or on the commencement of Part 3.2 of the Legal Profession Act 2004, whichever is the later.
Schedule 5.3 [4] commences on the commencement of section 9.
Schedule 5.43 and 5.44 commence on the commencement of section 18.
Different days may be appointed for the commencement of a single provision of Schedule 4 or 5 for the purpose of commencing the repeals or amendments effected by the provision on different days.
In this Act—
(a) a claim for possession of land, and
(b) a claim for delivery of goods, and
(c) a claim for the recovery of damages or other money, and
(d) a claim for a declaration of right, and
(e) a claim for the determination of any question or matter that may be determined by the court, and
(f) any other claim (whether legal, equitable or otherwise) that is justiciable in the court.
(a) committal proceedings,
(b) proceedings relating to bail,
(c) proceedings relating to sentence,
(d) proceedings on an appeal against conviction or sentence.
(a) any amount payable under a judgment, and
(b) any interest after judgment that is payable on that amount under section 101, and
(c) any other amount payable under rules of court without the need for a judgment.
(a) in relation to the District Court, the jurisdictional limit of that Court within the meaning of the District Court Act 1973, and
(b) in relation to the Local Court sitting in its General Division, the jurisdictional limit of the Local Court when sitting in that Division within the meaning of the Local Court Act 2007, and
(c) in relation to the Local Court sitting in its Small Claims Division, the jurisdictional limit of the Local Court when sitting in that Division within the meaning of the Local Court Act 2007.
(a) a child under the age of 18 years, and
(b) an involuntary patient, a forensic patient or a correctional patient within the meaning of the Mental Health Act 2007, and
(c) a person under guardianship within the meaning of the Guardianship Act 1987, and
(d) a protected person within the meaning of the NSW Trustee and Guardian Act 2009, and
(e) an incommunicate person, being a person who has such a physical or mental disability that he or she is unable to receive communications, or express his or her will, with respect to his or her property or affairs.
Other words and expressions (for example, rules of court) are defined in the Interpretation Act 1987.
Notes included in this Act do not form part of this Act.
In the notes to this Act,
Subject to this section, Parts 3–9 apply to each court referred to in Schedule 1 in relation to civil proceedings of a kind referred to in that Schedule in respect of that court.
Part 10 applies in relation to civil proceedings in the Supreme Court.
The uniform rules may exclude any class of civil proceedings from the operation of all or any of the provisions of Parts 3–9.
The Governor may, by regulation, amend or substitute Schedule 1.
The regulations may contain the following—
(a) provisions excluding any class of civil proceedings from the operation of all or any of the provisions of Parts 3–9, and
(b) provisions modifying any specified provision of Parts 3–9, or of any other Act or law, in its application to any class of civil proceedings.
Subject to any such regulation, this Act does not limit the operation of any other Act with respect to the conduct of civil proceedings.
Nothing in this Act or the uniform rules limits the jurisdiction of the Supreme Court.
Nothing in the uniform rules extends the jurisdiction of any court except to the extent to which this Act expressly so provides.
Each Act and instrument referred to in Schedule 4 is repealed.
(Repealed)
Schedule 6 has effect.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
There is to be a Uniform Rules Committee comprising 12 members, of whom—
(a) one is to be the Chief Justice of the Supreme Court or a Judge of the Supreme Court nominated for the time being by the Chief Justice, and
(b) one is to be the President of the Court of Appeal or a Judge of Appeal nominated for the time being by the President, and
(c) two are to be Judges of the Supreme Court appointed by the Chief Justice, and
(c1) one is to be the Chief Judge of the Land and Environment Court or a Judge nominated for the time being by the Chief Judge, and
(c2) one is to be the President of the Industrial Relations Commission or a judicial member of the Commission, within the meaning of the Industrial Relations Act 1996, nominated for the time being by the President, and
(d) one is to be the Chief Judge of the District Court or a Judge of the District Court nominated for the time being by the Chief Judge, and
(e) one is to be a Judge of the District Court appointed by the Chief Judge, and
(f) one is to be the Chief Magistrate or a Magistrate nominated for the time being by the Chief Magistrate, and
(g) one is to be a Magistrate appointed by the Chief Magistrate, and
(h) one is to be a barrister appointed by the Bar Council, and
(i) one is to be a solicitor appointed by the Law Society Council.
Schedule 2 has effect with respect to the constitution and procedure of the Uniform Rules Committee.
The Uniform Rules Committee may make rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act.
Without limiting subsection (1), rules under this section may make provision, in relation to all civil proceedings in respect of which a court has jurisdiction (however arising), for or with respect to the matters specified in Schedule 3.
On the commencement of this section, the rules set out in Schedule 7 are taken to have been made under this section, and may be amended and repealed accordingly.
The rules made under this section may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.
This section does not give power to make rules with respect to—
(a) any matter relating to costs that is regulated by the legal profession legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014), or
(b) any matter for which Admission Rules may be made under the Legal Profession Uniform Law (NSW).
This section does not limit the operation of section 78 of the Interpretation Act 1987.
Rules of court are taken to include the uniform rules to the extent to which they are applicable in that court.
Subsection (1) does not authorise the person or body having power to make local rules to amend or repeal a uniform rule in its application to that court.
The uniform rules prevail over any provision of any local rules unless the uniform rules expressly provide that the provision of the local rules is to prevail.
One rule prevails over another, as referred to in subsection (1), to the extent only of any inconsistency between them.
Without limiting any other functions he or she may exercise, a registrar or other officer of any court may exercise any function conferred on such an officer by the uniform rules.
The senior judicial officer of any court may, by instrument in writing—
(a) direct that any function of the court under this Act or any other Act or law in respect of which the court has jurisdiction (including any rules of court) may be exercised by such registrars or other officers of the court, and in such circumstances and subject to such conditions, as are specified in the instrument, and
(b) vary or revoke any such instrument.
This section does not limit any provision of the Act by which the court is constituted with respect to the exercise of the court’s functions.
In relation to particular civil proceedings, the 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.
Subject to rules of court, the senior judicial officer of the court may issue practice notes for that court in relation to civil proceedings to which this Act applies.
A practice note must be published in the Gazette.
Sections 40 and 41 of the Interpretation Act 1987 apply to a practice note in the same way as they apply to a statutory rule.
In relation to particular civil proceedings, the court may give directions with respect to any aspect of practice or procedure for which rules of court or practice notes do not provide.
Anything done in accordance with such a direction (including the commencing of proceedings and the taking of any step in proceedings) is taken to have been validly done.
Subject to the uniform rules, the Uniform Rules Committee—
(a) may approve forms for documents to be used in connection with civil proceedings, and
(b) in the case of documents filed with a court, or issued by a court, by means of an ECM system within the meaning of the Electronic Transactions Act 2000, may approve the format in which such documents are to be filed or issued.
Copies of the approved forms are to be made available for public inspection at each registry of the court concerned and on the court’s internet website.
If a form is approved in relation to a document to be used in connection with proceedings in a court, a document that is filed with or issued by the court is to be in that form.
See section 80 of the Interpretation Act 1987 with respect to compliance with approved forms.
The Governor may make regulations for or with respect to the following matters—
(a) the fees payable to a court in relation to the conduct of civil proceedings in the court, including fees for the following—
(i) the filing or registration of any document in the court,
(ii) the allocation of hearing dates,
(iii) the conduct of hearings,
(iv) the retention of juries,
(v) the sealing or other authentication of any document that has been filed in the court,
(vi) the issue of any document out of the court,
(b) the fees payable in relation to proceedings referred to mediation under Part 4,
(c) the fees payable in relation to proceedings referred to arbitration under Part 5,
(d) the fees payable in relation to the examination of a judgment debtor by a registrar or other officer of the court under Part 8,
(e) the fees payable in relation to the functions of the following persons, whether under this Act or otherwise, including attempts to exercise the functions—
(i) the Sheriff,
(ii) the Marshal in Admiralty in relation to civil proceedings in the Admiralty List in the Equity Division of the Supreme Court,
(f) the fees payable for the following services, including attempts to provide services, whether in connection with the administration of this Act or otherwise—
(i) administrative services provided by a registrar or other officer of the court,
(ii) other services provided in connection with civil proceedings,
(g) the payment of fees under this Act, including—
(i) the waiver, postponement or remission, in part or in whole, of the fees, and
(ii) the persons to whom the fees are payable, and
(iii) the time at which the fees become due, and
(iv) the persons liable to pay the fees.
A regulation made under subsection (1)(g)(i) may authorise a registrar of a court or the Sheriff to—
(a) waive, postpone or remit fees payable to the court or the Sheriff, as relevant, and
(b) impose conditions on the waiver, postponement or remission of the fees.
A reference in subsection (1A) to a registrar is, in relation to the Supreme Court, a reference to—
(a) the Principal Registrar of the Court, or
(b) another registrar of the Court nominated by the Principal Registrar.
Fees of the kind referred to in subsection (1) (a) or (d) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any civil proceedings to which any of the following persons or bodies is a party—
(a) the Crown,
(b) any Minister of the Crown,
(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.
Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.
Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.
A registrar of a court must—
(a) deduct 2.5% from an amount received as interest or a dividend on funds paid into court, including a fund constituted by the Supreme Court under section 178 for the distribution of money to group members in representative proceedings, and
(b) pay the deducted amount into the Consolidated Fund.
A reference in subsection (1) to a registrar is, in relation to the Supreme Court, a reference to—
(a) the Principal Registrar of the Court, or
(b) another registrar of the Court nominated by the Principal Registrar.
(Repealed)
(cf Act No 9 1973, sections 53 and 56; Act No 11 1970, section 22)
Subject to this Act, proceedings are to be commenced and carried on in the manner prescribed by rules of court.
For the purposes of this Act and the uniform rules,
(cf Act No 52 1970, section 79)
A claim for judgment for possession of land takes the place of a claim in an action for ejectment that could have been brought under the practice of the Supreme Court as it was immediately before 1 July 1972.
1 July 1972 was the date of commencement of the Supreme Court Act 1970.
If there are mutual debts between a plaintiff and a defendant in any proceedings, the defendant may, by way of defence, set off against the plaintiff’s claim any debt that is owed by the plaintiff to the defendant and that was due and payable at the time the defence of set-off was filed, whether or not the mutual debts are different in nature.
This section extends to civil proceedings in which one or more of the mutual debts is owed by or to a deceased person who is represented by a legal personal representative.
This section does not apply to the extent to which the plaintiff and defendant have agreed that debts (whether generally or as to specific debts) may not be set off against each other.
This section does not affect any other rights or obligations of a debtor or creditor in respect of mutual debts, whether arising in equity or otherwise.
This section is subject to section 120 of the Industrial Relations Act 1996.
In this section,
The application of this provision to existing debts is dealt with in clause 6 of Schedule 6 (Savings, transitional and other provisions).
(cf Act No 52 1970, section 78; Act No 11 1970, section 15; DCR Part 20, rule 1)
Subject to subsection (2), the court may grant to the defendant in any proceedings (
Relief may not be granted under this section against a person who is not a plaintiff in the first proceedings unless the relief relates to, or is connected with, the subject of the first proceedings.
A person against whom a defendant makes a claim for relief under this section—
(a) has the same rights in respect of his or her defence against the claim as he or she would have in separate proceedings commenced against the person by the defendant, and
(b) if not already a party to the first proceedings—
(i) becomes a party to the first proceedings, and
(ii) unless the court otherwise orders, is bound by any judgment (including a judgment by consent or by default) or decision (including a decision by consent) on any claim for relief in the proceedings (including a claim for relief in any cross-claim in the proceedings).
(cf Act No 9 1973, section 50; Act No 11 1970, section 14)
If, in any proceedings on a claim, the cause of action giving rise to the claim is for more than the court’s jurisdictional limit—
(a) the person may abandon the excess by a statement to that effect in the originating process, and
(b) in that event, the person’s claim is taken to be reduced by the amount of the excess.
If a person’s claim is successful in respect of a cause of action—
(a) the amount recoverable by the person (exclusive of costs and interest) is not to exceed the court’s jurisdictional limit, and
(b) the judgment in the proceedings is in full discharge of all of the person’s demands in respect of that cause of action, and
(c) entry of the judgment in the records of the court is to be made accordingly.
This section is subject to section 51 of the District Court Act 1973 and section 31 of the Local Court Act 2007.
Under those sections, claims in the District Court or the Local Court for amounts in excess of the court’s jurisdictional limit can, in some cases, be dealt with by consent of parties.
(cf Act No 9 1973, section 49; Act No 11 1970, section 13)
If—
(a) a person (
the first person ) splits any cause of action against another person (the other person ) so as to commence proceedings, or make a cross-claim, for part only of the amount for which proceedings may be commenced on that cause, and(b) judgment is given or entered, or a final order is made, on the proceedings or cross-claim,
the other person is entitled to judgment in any other proceedings, whether in that or any other court, with respect to the same cause of action.
Despite subsection (1), if the other person has given a number of securities in respect of a claim made by the first person, the first person—
(a) may commence proceedings in any court in respect of each of those securities, or
(b) may make a cross-claim in proceedings in any court in respect of each of those securities,
as if each of those securities gave rise to a distinct cause of action, and may do so whether or not the claim made by the first person is for an amount that is more than the court’s jurisdictional limit.
(cf Act No 52 1970, sections 110I and 110J; Act No 9 1973, sections 163 and 164; Act No 11 1970, sections 21J and 21K)
In this Part—
(cf Act No 52 1970, section 110K; Act No 9 1973, section 164A; Act No 11 1970, section 21L)
If it considers the circumstances appropriate, the court may, by order, refer any proceedings before it, or part of any such proceedings, for mediation by a mediator, and may do so either with or without the consent of the parties to the proceedings concerned.
The mediation is to be undertaken by a mediator agreed to by the parties or appointed by the court, who may (but need not be) a listed mediator.
Without limiting subsections (1) and (2), the court may refer proceedings or part of proceedings for mediation under the Community Justice Centres Act 1983.
In this section,
(cf Act No 52 1970, section 110L; Act No 9 1973, section 164B; Act No 11 1970, section 21M)
It is the duty of each party to proceedings that have been referred for mediation to participate, in good faith, in the mediation.
(cf Act No 52 1970, section 110M; Act No 9 1973, section 164C; Act No 11 1970, section 21N)
The costs of mediation, including the costs payable to the mediator, are payable—
(a) if the court makes an order as to the payment of those costs, by one or more of the parties in such manner as the order may specify, or
(b) in any other case, by the parties in such proportions as they may agree among themselves.
(cf Act No 52 1970, section 110N; Act No 9 1973, section 164D; Act No 11 1970, section 21O)
The court may make orders to give effect to any agreement or arrangement arising out of a mediation session.
On any application for an order under this section, any party may call evidence, including evidence from the mediator and any other person engaged in the mediation, as to the fact that an agreement or arrangement has been reached and as to the substance of the agreement or arrangement.
This Part does not affect the enforceability of any other agreement or arrangement that may be made, whether or not arising out of a mediation session, in relation to the matters the subject of a mediation session.
(cf Act No 52 1970, section 110P; Act No 9 1973, section 164F; Act No 11 1970, section 21Q)
In this section,
The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to—
(a) a mediation session, or
(b) a document or other material sent to or produced to a mediator, or sent to or produced at the court or the registry of the court, for the purpose of enabling a mediation session to be arranged.
The privilege conferred by subsection (2) extends only to a publication made—
(a) at a mediation session, or
(b) in a document or other material sent to or produced to a mediator, or sent to or produced at the court or the registry of the court, for the purpose of enabling a mediation session to be arranged, or
(c) in circumstances referred to in section 31.
Subject to section 29 (2)—
(a) evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court or other body, and
(b) a document prepared for the purposes of, or in the course of, or as a result of, a mediation session, or any copy of such a document, is not admissible in evidence in any proceedings before any court or other body.
Subsection (4) does not apply with respect to any evidence or document—
(a) if the persons in attendance at, or identified during, the mediation session and, in the case of a document, all persons specified in the document, consent to the admission of the evidence or document, or
(b) in proceedings commenced with respect to any act or omission in connection with which a disclosure has been made as referred to in section 31 (c).
(cf Act No 52 1970, section 110Q; Act No 9 1973, section 164G; Act No 11 1970, section 21R)
A mediator may disclose information obtained in connection with the administration or execution of this Part only in one or more of the following circumstances—
(a) with the consent of the person from whom the information was obtained,
(b) in connection with the administration or execution of this Part, including section 29 (2),
(c) if there are reasonable grounds to believe that the disclosure is necessary to prevent or minimise the danger of injury to any person or damage to any property,
(d) if the disclosure is reasonably required for the purpose of referring any party or parties to a mediation session to any person, agency, organisation or other body and the disclosure is made with the consent of the parties to the mediation session for the purpose of aiding in the resolution of a dispute between those parties or assisting the parties in any other manner,
(e) in accordance with a requirement imposed by or under a law of the State (other than a requirement imposed by a subpoena or other compulsory process) or the Commonwealth.
(cf SCR Part 72C, rule 3)
Subject to the uniform rules and any relevant practice notes, a mediator may, by order, give directions as to the preparation for, and conduct of, the mediation.
A mediator to whom the court refers proceedings has, in the exercise of his or her functions as a mediator in relation to those proceedings, the same protection and immunity as a judicial officer of the court has in the exercise of his or her functions as a judicial officer.
(cf Act No 52 1970, section 110H (2); Act No 9 1973, section 162 (2))
This Part does not prevent—
(a) the parties to proceedings from agreeing to and arranging for mediation of any matter otherwise than as referred to in this Part, or
(b) a matter arising in proceedings from being dealt with under the provisions of the Community Justice Centres Act 1983 without having been referred under section 26.
(cf Act No 43 1983, section 3)
In this Part—
(cf Act No 43 1983, section 5)
The senior judicial officer of the court may appoint suitable persons to be arbitrators to hear and determine referred proceedings.
A person is not eligible to be appointed as an arbitrator unless the person is a former judicial officer, a barrister nominated by the Bar Council or a solicitor nominated by the Law Society Council.
The senior judicial officer concerned may, and if the nominating body so requests in writing must, revoke an appointment under this section.
An appointment, or revocation of appointment, of an arbitrator is to be made by instrument in writing signed by the senior judicial officer.
An arbitrator may resign office by instrument in writing delivered to the senior judicial officer.
An arbitrator is entitled to such remuneration as the Minister may from time to time determine.
An arbitrator’s remuneration is to be paid out of money provided by Parliament.
(cf Act No 43 1983, section 7)
The jurisdiction conferred on an arbitrator by this Part in relation to referred proceedings is part of the jurisdiction of the court by which the proceedings were referred.
Subject to this Part, but without limiting the specific powers and authorities of an arbitrator under this Part, an arbitrator has and may exercise, in relation to referred proceedings, all of the functions of the court by which the proceedings were referred.
Subsection (2) does not confer on an arbitrator functions of the court which are the same as, or similar to, the functions conferred by sections 52 and 53 or any other functions in respect of contempt.
The functions conferred on an arbitrator may be exercised only—
(a) for the purpose of determining the issues in dispute in referred proceedings, and
(b) for the purpose of making an award in referred proceedings, and
(c) for related purposes.
Subject to this Part, a tribunal (other than the arbitrator to whom proceedings have been referred for determination) has no jurisdiction in respect of any issue in dispute in the proceedings while those proceedings are before the arbitrator.
In subsection (5),
(cf Act No 52 1970, section 76B; Act No 9 1973, section 63A; Act No 11 1970, section 21H)
The court may order that proceedings before it—
(a) in respect of a claim for the recovery of damages or other money, or
(b) in respect of a claim for any equitable or other relief ancillary to a claim for the recovery of damages or other money,
be referred for determination by an arbitrator.
Before making such an order in relation to any proceedings, the referring court—
(a) is to consider the preparations made by the parties for the hearing of the proceedings, and
(b) is, as far as possible, to deal with all matters that may be dealt with by the court on application to the court before the hearing of the proceedings, and
(c) is to give such directions for the conduct of the proceedings before the arbitrator as appear best adapted for the just, quick and cheap disposal of the proceedings.
The referring court may not make such an order in relation to any proceedings if—
(a) no issue in the proceedings is contested or judgment in the proceedings has been given or entered and has not been set aside, or
(b) rules of court provide that such an order may not be made in relation to proceedings of that kind, or
(c) cause is otherwise shown why the proceedings should not be so referred.
At any time before the making of an award in relation to referred proceedings, the referring court may revoke an order under this section and give directions for the subsequent conduct of the proceedings and directions as to any costs incurred before the revocation of the order.
This section does not limit any other power of the court to refer a matter to arbitration.
(cf Act No 43 1983, section 15)
The issues in dispute in referred proceedings are to be determined by the arbitrator on the evidence adduced before the arbitrator.
The arbitrator must record the arbitrator’s determination of the proceedings, and the reasons for the determination, by an award in writing signed by the arbitrator.
The arbitrator must immediately send the award to the referring court.
An arbitrator may not make a determination that could not have been made had the proceedings been heard and determined by the referring court.
Despite subsection (4), an award does not fail to have full effect, and may not be called in question, by reason only that the amount awarded exceeds the amount claimed in the proceedings to which the award relates.
(cf Act No 43 1983, section 16A; Act No 52 1970, section 76B (5); Act No 9 1973, section 63A (5); Act No 11 1970, section 21H (5))
Subject to section 41 and Division 3, an award is final and conclusive, and is taken to be a judgment of the referring court—
(a) if it is expressed to be made by consent of all the parties, on the date on which it is received by the referring court, or
(b) in any other case, at the expiry of 28 days after it is sent to all of the parties.
(cf Act No 43 1983, section 17)
No relief lies—
(a) under section 69 or 101 of the Supreme Court Act 1970, or
(b) by way of declaratory judgment or order, or
(c) by way of injunction, or
(d) under section 126, 127 or 128 of the District Court Act 1973, or
(e) under section 39 or 40 of the Local Court Act 2007,
in relation to proceedings under this Act on referred proceedings.
Subsection (1) does not apply if the relief is sought on the ground of a lack of jurisdiction or a denial of natural justice.
(cf Act No 43 1983, section 18)
A person aggrieved by an award may apply to the referring court for a rehearing of the proceedings concerned.
The application may (but need not) request that the rehearing be a full rehearing or limited rehearing.
The award is suspended from the time the application is made until an order for rehearing is made.
(cf Act No 43 1983, section 18A)
The referring court must order a rehearing of proceedings the subject of an award if an application for rehearing is made before the award takes effect.
An order for rehearing may not be made unless the amount claimed in the proceedings, or the value of the property to which the proceedings relate, exceeds the jurisdictional limit of the Local Court when sitting in its Small Claims Division.
An order for rehearing need not be made if it appears to the court that the applicant failed to attend a hearing before an arbitrator without good reason.
In an order for rehearing, the referring court may direct that the rehearing be a full rehearing or a limited rehearing, as the court thinks appropriate, and may do so regardless of whether the applicant requested a full rehearing or a limited rehearing or made no such request.
In the absence of a direction under subsection (4), the rehearing is to be a full rehearing.
An order for a limited rehearing must specify the aspects that are to be the subject of the rehearing, whether by reference to specific issues in dispute, specific parties to the dispute or otherwise.
The referring court may amend an order for rehearing at any time before or during a rehearing.
(cf Act No 43 1983, section 18B)
If an order is made for a full rehearing, the award ceases to have effect and the proceedings are to be heard and determined in the referring court as if they had never been referred to an arbitrator.
If an order is made for a limited rehearing—
(a) the award is suspended from the time the order is made until the proceedings are determined, and
(b) the aspects ordered to be dealt with at the limited rehearing are to be heard and determined in the court concerned as if they had not been dealt with in the arbitration, and
(c) following the rehearing, the court may reinstate the award with such modifications (if any) as the court thinks appropriate, and
(d) the award, as reinstated, is final and conclusive, and is taken to be a judgment of the referring court.
Subject to this Division, this Act and the uniform rules apply to proceedings on a rehearing in the same way as they apply to any other civil proceedings.
(cf Act No 43 1983, section 18D)
A rehearing may be discontinued, but only with the consent of all parties or by leave of the court.
If a rehearing is discontinued, the court is to reinstate the award from which the rehearing has arisen.
An award that is reinstated under this section—
(a) is final and conclusive, and
(b) is taken to be a judgment of the referring court, and
(c) unless the court otherwise orders, is taken to have had effect as such a judgment as from the date on which it would have taken effect under section 40 (b) had no application for a rehearing been made under this Division.
Under section 40 (b), the award would have taken effect at the expiry of 28 days after it was sent to all of the parties.
(cf Act No 43 1983, section 18C)
A court that hears and determines proceedings on a full rehearing—
(a) may make an order for costs in respect of the rehearing, and
(b) may, in addition, make an order for costs in respect of the hearing under Division 2.
A court that hears and determines any aspect of proceedings on a limited rehearing—
(a) may make an order for costs in respect of the rehearing as to that aspect, and
(b) may, in addition, make an order for costs in respect of the hearing as to that aspect under Division 2.
This section applies to proceedings in respect of which a rehearing is discontinued under section 45 in the same way as it applies to proceedings that are heard and determined on a rehearing.
(cf Act No 43 1983, section 18E)
A subpoena for the giving of evidence or the production of documents at a rehearing is not to be issued against the arbitrator to whom the proceedings concerned were referred just because the evidence or documents relate to the arbitration.
(cf Act No 43 1983, section 8)
A party to referred proceedings before an arbitrator has the same rights as to—
(a) representation by a barrister or solicitor, or otherwise, and
(b) examination and cross-examination of witnesses,
as the party would have in relation to proceedings before the referring court.
(cf Act No 43 1983, section 10)
Subject to this Act and any directions given by the referring court, the procedure at an arbitration is to be determined by the arbitrator.
Subject to the rules of evidence, an arbitrator must act according to equity, good conscience and the substantial merits of the case without regard for technicalities or legal forms.
(cf Act No 43 1983, section 11)
A referring court has the same powers with respect to—
(a) ordering persons to attend as witnesses at referred proceedings or to attend and produce documents at referred proceedings, and
(b) enforcing compliance with any such orders,
as it would have had in respect of the proceedings had they been heard and determined by the court.
(cf Act No 43 1983, section 13)
Subject to the uniform rules, evidence in referred proceedings before an arbitrator is to be given and received in the same way as it would be given and received before the referring court.
Subsection (1) does not require any such evidence to be recorded.
An arbitrator may administer an oath or take an affidavit for the purposes of referred proceedings.
Referred proceedings are taken to be judicial proceedings for the purposes of section 327 (Offence of perjury) of the Crimes Act 1900.
(cf Act No 43 1983, section 12)
If, at any hearing of referred proceedings, a witness—
(a) refuses or fails to take an oath when required by the arbitrator to do so, or
(b) refuses or fails to answer a question that the witness is required by the arbitrator to answer,
the arbitrator or a party to the proceedings may apply to the referring court for an order that the witness attend before the court for examination.
Unless satisfied that there was a reasonable excuse for the refusal or failure of the witness to take the oath or answer the question, the referring court must make the order applied for.
A court before which a witness attends and gives evidence pursuant to such an order may order the transmission to the arbitrator of the transcript of evidence.
Any such evidence is taken to have been given at the hearing before the arbitrator.
Failure to comply with an order under this section constitutes a contempt of the referring court, committed in the face of the court.
(cf Act No 43 1983, section 14)
A person must not—
(a) wilfully insult an arbitrator while the arbitrator is hearing referred proceedings or proceeding to or from such a hearing, or
(b) wilfully insult a person in attendance at such a hearing or proceeding to or from such a hearing, or
(c) wilfully misbehave during the hearing of referred proceedings, or
(d) wilfully and without lawful excuse interrupt the hearing of referred proceedings, or
(e) assault or wilfully obstruct an arbitrator or other person during the hearing of referred proceedings, or
(f) without lawful excuse, disobey a lawful direction given to the person by an arbitrator during the hearing of referred proceedings.
An arbitrator may direct a person who contravenes subsection (1) to leave the sitting of the arbitrator at which the contravention occurs and the person to whom the direction is given must immediately comply with the direction.
Failure to comply with such a direction constitutes a contempt of the referring court, committed in the face of the court.
(cf Act No 43 1983, section 16)
An arbitrator may make orders with respect to the payment, as between the parties, of the costs of referred proceedings.
An arbitrator has the same powers in relation to an order for costs under subsection (1) as the referring court would have had if the hearing before the arbitrator had been a hearing before the court.
This section does not limit the power of the referring court to make orders under section 98 with respect to the costs of referred proceedings.
(cf Act No 43 1983, section 6)
An arbitrator to whom the court refers proceedings has, in the exercise of his or her functions as an arbitrator in relation to those proceedings, the same protection and immunity as a judicial officer of the court has in the exercise of his or her functions as a judicial officer.
(cf SCR Part 1, rule 3)
The overriding purpose of this Act and of rules of court, in their application to civil proceedings, is to facilitate the just, quick and cheap resolution of the real issues in the proceedings.
The court must seek to give effect to the overriding purpose when it exercises any power given to it by this Act or by rules of court and when it interprets any provision of this Act or of any such rule.
A party to civil proceedings is under a duty to assist the court to further the overriding purpose and, to that effect, to participate in the processes of the court and to comply with directions and orders of the court.
(Repealed)
Each of the following persons must not, by their conduct, cause a party to civil proceedings to be put in breach of a duty identified in subsection (3)—
(a) any solicitor or barrister representing the party in the proceedings,
(b) any person with a relevant interest in the proceedings commenced by the party.
The court may take into account any failure to comply with subsection (3) or (4) in exercising a discretion with respect to costs.
For the purposes of this section, a person has a
(a) provides financial assistance or other assistance to any party to the proceedings, and
(b) exercises any direct or indirect control, or any influence, over the conduct of the proceedings or the conduct of a party in respect of the proceedings.
Examples of persons who may have a relevant interest are insurers and persons who fund litigation.
(Repealed)
For the purpose of furthering the overriding purpose referred to in section 56 (1), proceedings in any court are to be managed having regard to the following objects—
(a) the just determination of the proceedings,
(b) the efficient disposal of the business of the court,
(c) the efficient use of available judicial and administrative resources,
(d) the timely disposal of the proceedings, and all other proceedings in the court, at a cost affordable by the respective parties.
This Act and any rules of court are to be so construed and applied, and the practice and procedure of the courts are to be so regulated, as best to ensure the attainment of the objects referred to in subsection (1).
In deciding—
(a) whether to make any order or direction for the management of proceedings, including—
(i) any order for the amendment of a document, and
(ii) any order granting an adjournment or stay of proceedings, and
(iii) any other order of a procedural nature, and
(iv) any direction under Division 2, and
(b) the terms in which any such order or direction is to be made,
the court must seek to act in accordance with the dictates of justice.
For the purpose of determining what are the dictates of justice in a particular case, the court—
(a) must have regard to the provisions of sections 56 and 57, and
(b) may have regard to the following matters to the extent to which it considers them relevant—
(i) the degree of difficulty or complexity to which the issues in the proceedings give rise,
(ii) the degree of expedition with which the respective parties have approached the proceedings, including the degree to which they have been timely in their interlocutory activities,
(iii) the degree to which any lack of expedition in approaching the proceedings has arisen from circumstances beyond the control of the respective parties,
(iv) the degree to which the respective parties have fulfilled their duties under section 56 (3),
(v) the use that any party has made, or could have made, of any opportunity that has been available to the party in the course of the proceedings, whether under rules of court, the practice of the court or any direction of a procedural nature given in the proceedings,
(vi) the degree of injustice that would be suffered by the respective parties as a consequence of any order or direction,
(vii) such other matters as the court considers relevant in the circumstances of the case.
(cf Western Australia Supreme Court Rules, Order 1, rule 4A)
In any proceedings, the practice and procedure of the court should be implemented with the object of eliminating any lapse of time between the commencement of the proceedings and their final determination beyond that reasonably required for the interlocutory activities necessary for the fair and just determination of the issues in dispute between the parties and the preparation of the case for trial.
In any proceedings, the practice and procedure of the court should be implemented with the object of resolving the issues between the parties in such a way that the cost to the parties is proportionate to the importance and complexity of the subject-matter in dispute.
(cf SCR Part 23, rule 4; Act No 9 1973, section 68A)
The court may, by order, give such directions as it thinks fit (whether or not inconsistent with rules of court) for the speedy determination of the real issues between the parties to the proceedings.
In particular, the court may, by order, do any one or more of the following—
(a) it may direct any party to proceedings to take specified steps in relation to the proceedings,
(b) it may direct the parties to proceedings as to the time within which specified steps in the proceedings must be completed,
(c) it may give such other directions with respect to the conduct of proceedings as it considers appropriate.
If a party to whom such a direction has been given fails to comply with the direction, the court may, by order, do any one or more of the following—
(a) it may dismiss the proceedings, whether generally, in relation to a particular cause of action or in relation to the whole or part of a particular claim,
(b) it may strike out or limit any claim made by a plaintiff,
(c) it may strike out any defence filed by a defendant, and give judgment accordingly,
(d) it may strike out or amend any document filed by the party, either in whole or in part,
(e) it may strike out, disallow or reject any evidence that the party has adduced or seeks to adduce,
(f) it may direct the party to pay the whole or part of the costs of another party,
(g) it may make such other order or give such other direction as it considers appropriate.
Subsection (3) does not limit any other power the court may have to take action of the kind referred to in that subsection or to take any other action that the court is empowered to take in relation to a failure to comply with a direction given by the court.
(cf Act No 52 1970, section 87; Act No 9 1973, section 77 (4); SCR Part 34, rules 6 and 6AA)
The court may, by order, give directions as to the conduct of any hearing, including directions as to the order in which evidence is to be given and addresses made.
The court may, by order, give directions as to the order in which questions of fact are to be tried.
Without limiting subsections (1) and (2), the court may, by order, give any of the following directions at any time before or during a hearing—
(a) a direction limiting the time that may be taken in the examination, cross-examination or re-examination of a witness,
(b) a direction limiting the number of witnesses (including expert witnesses) that a party may call,
(c) a direction limiting the number of documents that a party may tender in evidence,
(d) a direction limiting the time that may be taken in making any oral submissions,
(e) a direction that all or any part of any submissions be in writing,
(f) a direction limiting the time that may be taken by a party in presenting his or her case,
(g) a direction limiting the time that may be taken by the hearing.
A direction under this section must not detract from the principle that each party is entitled to a fair hearing, and must be given a reasonable opportunity—
(a) to lead evidence, and
(b) to make submissions, and
(c) to present a case, and
(d) at trial, other than a trial before the Local Court sitting in its Small Claims Division, to cross-examine witnesses.
In deciding whether to make a direction under this section, the court may have regard to the following matters in addition to any other matters that the court considers relevant—
(a) the subject-matter, and the complexity or simplicity, of the case,
(b) the number of witnesses to be called,
(c) the volume and character of the evidence to be led,
(d) the need to place a reasonable limit on the time allowed for any hearing,
(e) the efficient administration of the court lists,
(f) the interests of parties to other proceedings before the court,
(g) the costs that are likely to be incurred by the parties compared with the quantum of the subject-matter in dispute,
(h) the court’s estimate of the length of the hearing.
At any time, the court may, by order, direct a solicitor or barrister for a party to give to the party a memorandum stating—
(a) the estimated length of the trial, and the estimated costs and disbursements of the solicitor or barrister, and
(b) the estimated costs that, if the party were unsuccessful at trial, would be payable by the party to any other party.
(cf Act No 52 1970, section 81; Act No 9 1973, section 159; Act No 11 1970, section 75A)
This section applies to proceedings in connection with which there is, by reason of anything done or omitted to be done, a failure to comply with any requirement of this Act or of rules of court, whether in respect of time, place, manner, form or content or in any other respect.
Such a failure—
(a) is to be treated as an irregularity, and
(b) subject to subsection (3), does not invalidate the proceedings, any step taken in the proceedings or any document, judgment or order in the proceedings.
The court may do either or both of the following in respect of proceedings the subject of a failure referred to in subsection (1)—
(a) it may, by order, set aside the proceedings, any step taken in the proceedings or any document, judgment or order in the proceedings, either wholly or in part,
(b) it may exercise its powers to allow amendments and to make orders dealing with the proceedings generally.
The court may not take action of the kind referred to in subsection (3) (a) on the application of any party unless the application is made within a reasonable time and, in any case, before the party takes any fresh step in the proceedings after becoming aware of the failure.
(cf SCR Part 20, rules 1 and 4; DCR Part 17, rules 1 and 4)
At any stage of proceedings, the court may order—
(a) that any document in the proceedings be amended, or
(b) that leave be granted to a party to amend any document in the proceedings.
Subject to section 58, all necessary amendments are to be made for the purpose of determining the real questions raised by or otherwise depending on the proceedings, correcting any defect or error in the proceedings and avoiding multiplicity of proceedings.
An order under this section may be made even if the amendment would have the effect of adding or substituting a cause of action that has arisen after the commencement of the proceedings but, in that case, the date of commencement of the proceedings, in relation to that cause of action, is, subject to section 65, taken to be the date on which the amendment is made.
If there has been a mistake in the name of a party, this section applies to the person intended to be made a party as if he or she were a party.
This section does not apply to the amendment of a judgment, order or certificate.
(cf SCR Part 20, rule 4; DCR Part 17, rule 4)
This section applies to any proceedings commenced before the expiration of any relevant limitation period for the commencement of the proceedings.
At any time after the expiration of the relevant limitation period, the plaintiff in any such proceedings may, with the leave of the court under section 64 (1) (b), amend the originating process so as—
(a) to enable the plaintiff to maintain the proceedings in a capacity in which he or she has, since the proceedings were commenced, become entitled to bring and maintain the proceedings, or
(b) to correct a mistake in the name of a party to the proceedings, whether or not the effect of the amendment is to substitute a new party, being a mistake that, in the court’s opinion, is neither misleading nor such as to cause reasonable doubt as to the identity of the person intended to be made a party, or
(c) to add or substitute a new cause of action, together with a claim for relief on the new cause of action, being a new cause of action that, in the court’s opinion, arises from the same (or substantially the same) facts as those giving rise to an existing cause of action and claim for relief set out in the originating process.
Unless the court otherwise orders, an amendment made under this section is taken to have had effect as from the date on which the proceedings were commenced.
This section does not limit the powers of the court under section 64.
This section has effect despite anything to the contrary in the Limitation Act 1969.
In this section,
(cf Act No 11 1970, section 75)
Subject to rules of court, the court may at any time and from time to time, by order, adjourn to a specified day any proceedings before it or any aspect of any such proceedings.
If a judicial officer is not available at the time appointed for the hearing of any proceedings, a registrar may adjourn, to a later time on the same day or to a later specified day, any matters listed for hearing by the judicial officer at the appointed time.
(cf Act No 9 1973, section 156)
Subject to rules of court, the court may at any time and from time to time, by order, stay any proceedings before it, either permanently or until a specified day.
(cf Act No 9 1973, section 64; Act No 11 1970, section 72; SCR Part 36, rule 12)
Subject to rules of court, the court may, by subpoena or otherwise, order any person to do either or both of the following—
(a) to attend court to be examined as a witness,
(b) to produce any document or thing to the court.
See also section 77 of the Crimes (Administration of Sentences) Act 1999 and section 105 of the Children (Detention Centres) Act 1987 with respect to the attendance of persons detained in custody.
Proceedings are not to be challenged, reviewed, quashed or called into question by reason only that the judicial officer or other person before whom the proceedings are being conducted has, prior to hearing, read any affidavit or witness statement that has been filed or lodged in the proceedings.
(cf Act No 52 1970, section 82)
At any stage of the proceedings, the court—
(a) may, by order, dispense with the rules of evidence for proving any matter that is not bona fide in dispute, also with such rules of evidence as may give rise to expense or delay, and
(b) without limiting the generality of paragraph (a), may, by order, dispense with the proof of handwriting, documents, the identity of parties or parcels of land, or of authority, and
(c) may, by order, require any party (not being a person under legal incapacity) to make admissions with respect to any document or to any question of fact, and
(d) in the case of a party’s refusal or neglect to make any admission required under paragraph (c), may, unless of the opinion that the refusal or neglect is reasonable, order that the costs of proof occasioned by the refusal or neglect are to be paid by the party.
An admission made under subsection (1) (c)—
(a) is to be for the purpose of the proceedings in which it is made and for no other purpose, and
(b) is to be subject to all just exceptions, and
(c) may, with the leave of the court, be amended or withdrawn.
(cf Act No 52 1970, section 80)
Subject to any Act, the business of a court in relation to any proceedings may be conducted in the absence of the public in any of the following circumstances—
(a) on the hearing of an interlocutory application, except while a witness is giving oral evidence,
(b) if the presence of the public would defeat the ends of justice,
(c) if the business concerns the guardianship, custody or maintenance of a minor,
(d) if the proceedings are not before a jury and are formal or non-contentious,
(e) if the business does not involve the appearance before the court of any person,
(f) if, in proceedings in the Equity Division of the Supreme Court, the court thinks fit,
(g) if the uniform rules so provide.
(Repealed)
In any proceedings, the court—
(a) has and may exercise jurisdiction to determine any question in dispute between the parties to the proceedings as to whether, and on what terms, the proceedings have been compromised or settled between them, and
(b) may make such orders as it considers appropriate to give effect to any such determination.
This section does not limit the jurisdiction that the court may otherwise have in relation to the determination of any such question.
(cf Act No 25 1929, sections 2 and 3)
In this Division—
This Division does not apply to claims made or compensation awarded under any of the following Acts—
(a) the Workers Compensation Act 1987,
(b) the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987,
(c) the Workers’ Compensation (Dust Diseases) Act 1942,
(d) the Workplace Injury Management and Workers Compensation Act 1998.
This Division does not limit the operation of the Minors (Property and Contracts) Act 1970 or section 16 of the Infants’ Custody and Settlements Act 1899.
(cf SCR Part 63, rule 13)
This section applies to any claim, enforceable by proceedings in the court, that is made by or on behalf of, or against, a person under legal incapacity.
If, before proceedings are commenced with respect to any such claim, an agreement for the compromise or settlement of the claim is made by or on behalf of the person under legal incapacity, the court may approve or disapprove the agreement.
An agreement disapproved by the court does not bind the person under legal incapacity.
An agreement approved by the court binds the person under legal incapacity as if he or she were of full capacity and (if it was made by some other person on his or her behalf) as if that other person had made the agreement as his or her agent.
(cf Act No 25 1929, section 4)
This section applies to proceedings commenced by or on behalf of, or against, any of the following persons—
(a) a person under legal incapacity,
(b) a person who, during the course of the proceedings, becomes a person under legal incapacity,
(c) a person whom the court finds, during the course of the proceedings, to be incapable of managing his or her own affairs.
The court may make a finding referred to in subsection (1) (c) only on the basis of evidence given in the proceedings in which it is made, and such a finding has effect for the purpose only of those proceedings.
Except with the approval of the court, there may not be—
(a) any compromise or settlement of any proceedings to which this section applies, or
(b) any acceptance of money paid into court in any such proceedings,
as regards a claim made by or on behalf of, or against, a person referred to in subsection (1).
However, the approval of the court is not required in relation to any agreement for the compromise or settlement of any matter in dispute in proceedings commenced by, or on behalf of, or against, a person under legal incapacity if, on the day the agreement for the compromise or settlement is made, that person has attained the age of 18 years and is not otherwise a person referred to in subsection (1). Accordingly, subsections (4)–(6) do not apply in relation to any such agreement.
If an agreement for the compromise or settlement of any matter in dispute in any such proceedings is made by or on behalf of a person referred to in subsection (1), the court may approve or disapprove the agreement.
An agreement disapproved by the court does not bind the person by whom or on whose behalf it was made.
An agreement approved by the court binds the person by whom or on whose behalf it was made as if he or she were of full capacity and (if it was made by some other person on his or her behalf) as if that other person had made the agreement as his or her agent.
(cf Act No 25 1929, section 4)
This section applies to money recovered in any proceedings on behalf of any of the following persons—
(a) a person under legal incapacity,
(b) a person who, during the course of the proceedings, becomes a person under legal incapacity,
(c) a person whom the court has found, under section 76 (1) (c), to be incapable of managing his or her own affairs,
pursuant to a compromise, settlement, judgment or order in any proceedings.
All money recovered on behalf of a person referred to in subsection (1) is to be paid into court.
Despite subsection (2), the court may order that the whole or any part of such money not be paid into court but be paid instead to such person as the court may direct, including—
(a) if the person is a minor, to the NSW Trustee and Guardian, or
(b) if the person is a protected person, to the manager of the protected person’s estate.
Money paid into court under subsection (2) is to be paid to such person as the court may direct, including—
(a) if the person is a minor, to the NSW Trustee and Guardian, or
(b) if the person is a protected person, to the manager of the protected person’s estate.
(cf Act No 25 1929, section 5 (1), (2) and (3))
Subject to any order of the court, money paid under this Division to the NSW Trustee and Guardian on behalf of a minor is to be held and applied by the NSW Trustee and Guardian for the maintenance and education of, or otherwise for the benefit of, the minor.
On the application of the NSW Trustee and Guardian, the Supreme Court may give directions to the NSW Trustee and Guardian as to the administration of any such money.
If given effect to by the NSW Trustee and Guardian, any such direction exonerates the NSW Trustee and Guardian from any claim or demand by any other person.
(cf Act No 25 1929, section 5 (4))
Subject to any order of the court, money paid under this Division to the manager of a protected person’s estate is to be held and applied by the manager as part of that estate.
On the application of the tutor for a person under legal incapacity, the Supreme Court may give directions with respect to the tutor’s conduct of proceedings, whether before the Supreme Court or any other court, on behalf of that person.
(cf Act No 52 1970, sections 76D and 76H; Act No 9 1973, sections 57 and 61)
In this Division—
This Division does not apply to an award of damages to which Part 4 of the Motor Accident Injuries Act 2017 applies except as specifically provided by section 82 (7).
See clause 22 of Schedule 6 for provisions relating to the construction of references to the Motor Accident Injuries Act 2017.
(cf Act No 52 1970, section 76E; Act No 9 1973, section 58)
In any proceedings for the recovery of damages, the court may order a defendant in the proceedings to make one or more payments to the plaintiff of part of the damages sought to be recovered in the proceedings.
The court may make such an order against a defendant on the application of the plaintiff at any stage of the proceedings.
The court may not make such an order unless—
(a) the defendant has admitted liability, or
(b) the plaintiff has obtained judgment against the defendant for damages to be assessed, or
(c) the court is satisfied that, if the proceedings went to trial, the plaintiff would obtain judgment for substantial damages against the defendant.
The court may not make such an order if the defendant satisfies the court that—
(a) the defendant is not insured in respect of the risk giving rise to the plaintiff’s claim for the recovery of damages, and
(b) the defendant is not a public authority, and
(c) the defendant would, having regard to the defendant’s means and resources, suffer undue hardship if such a payment were to be made.
The court may order a defendant to make one or more payments of such amounts as it thinks just, but not exceeding a reasonable proportion of the damages that, in the court’s opinion, are likely to be recovered by the plaintiff.
In estimating those damages, the court is to take into account any relevant contributory negligence, and any cross-claims, on which the defendant may be entitled to rely.
The court may make an order under this section in proceedings for the recovery of damages to which Part 4 of the Motor Accident Injuries Act 2017 applies, but only an order for one or more payments to be made to the plaintiff of part of the damages for economic loss sought to be recovered in the proceedings and only if the court is satisfied that the plaintiff would suffer financial hardship if such a payment were not made.
(cf Act No 52 1970, section 76F; Act No 9 1973, section 59)
The fact that a defendant makes one or more interim payments is not of itself an admission of liability by the defendant.
The making of, or refusal to make, an order under this Division is not a finding as to liability in respect of the proceedings.
(cf Act No 52 1970, section 76G; Act No 9 1973, section 60)
This section applies to proceedings in which a defendant makes one or more interim payments.
The court may make such orders with respect to the interim payments as may be just and, in particular, may order one or more of the following—
(a) the variation or discontinuance of interim payments,
(b) the repayment by the plaintiff of all or part of any interim payment, with or without interest,
(c) the payment by another party of all or part of any interim payment that the defendant is entitled to recover from that other party.
Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The first meeting of the Uniform Rules Committee is to be called by the Chief Justice of the Supreme Court in such manner as the Chief Justice thinks fit.
(Section 9 (2))
1 The procedure (including the method of pleading) and the practice to be followed in the court in all civil proceedings in, or with respect to which, the court has jurisdiction (including the procedure and practice to be followed in the offices of the court), and any matters incidental to, or relating to, any such procedure or practice (including the manner and time of making any applications that under this or any other Act, or under any Commonwealth Act, are to be made to the court).
2 The rights and obligations of parties, prospective parties and other persons as to examination, interrogatories, discovery and inspection and other means of obtaining access to information, documents or things in relation to civil proceedings and prospective civil proceedings.
3 The service of documents (including the service of documents outside New South Wales, whether interstate or overseas).
4 The form and contents of any case stated to the court by or from any other court or person, and the time within which and the manner in which proceedings on a stated case are to be commenced and maintained and the court’s decision notified.
5 The practice and procedure to be followed in connection with interpleaders.
6 The practice and procedure to be followed in connection with the splitting and consolidation of civil proceedings.
7 The admission and exclusion of evidence and the manner in which evidence is to be tendered.
8 The practice and procedure to be followed in connection with the review by the court of decisions made on its behalf by registrars and other officers of the court.
9 The practice and procedure to be followed in connection with any appeal to the court, including the time within which, and the manner in which, such an appeal is to be made, and the practice and procedure to be followed in the court with respect to such an appeal.
10 The practice and procedure to be followed in connection with the transfer of any civil proceedings to or from the court and the practice and procedure to be followed with respect to civil proceedings that are so transferred.
11 The assignment of civil proceedings to any division of the court or to any list established within the court.
12 The nomination and appointment of suitable persons to be mediators for the purposes of Part 4.
13 The practice and procedure to be followed in relation to the mediation of any matter under Part 4 or the arbitration of any matter under Part 5.
14 The circumstances in which civil proceedings, or claims in civil proceedings, may be dismissed.
15 The circumstances in which the court may order parties to civil proceedings not to disclose matters that arise in hearings that are held in the absence of the public.
16 The circumstances in which the court may stay civil proceedings, either permanently or temporarily.
17 The practice and procedure to be followed with respect to the giving of judgment, including judgment that is reserved and judgment where the giving of reasons is deferred.
18 Matters relating to the costs of civil proceedings in the court and, in particular, prescribing, limiting or otherwise affecting the costs recoverable in any action or proceedings that the court considers might properly have been dealt with in a lower court.
19 The means for, and the practice and procedure to be followed in, securing the future conduct of parties to civil proceedings.
20 The means for, and the practice and procedure to be followed in, the enforcement and execution of judgments and orders.
21 The circumstances in which the court may authorise entry on land for the purpose of enabling its orders to be enforced.
22 The exercise by the Supreme Court of its jurisdiction to make orders for the enforcement of its judgments and orders.
23 The circumstances in which the court may vary or set aside its judgments and orders.
24 The means for proving particular facts, and the mode in which evidence may be given (including the administration of oaths to and the taking of the evidence of witnesses in or out of New South Wales), in any civil proceedings, or on any application in connection with, or at any stage of, any civil proceedings.
25 Matters relating to expert evidence, including—
(a) the disclosure (by the furnishing of copies of reports or otherwise) of the nature of expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence, and
(b) the use of expert witnesses including, in particular, the use of expert witnesses engaged jointly by parties to civil proceedings and the use of court-appointed expert witnesses.
25A The means for answering questions as to the principles of the law of a country other than Australia, and their application.
26 The cases in which security may be required, and the form of such security, and the manner in which, and the person to whom, it is to be given.
27 For regulating or making other provision concerning interim payments referred to in Division 5 of Part 6.
28 The payment or transfer into or out of court and, subject to the consent of the Treasurer, the custody, management and investment of moneys, securities and effects.
29 The duties of registrars and other officers of the court in relation to or for the purpose of any civil proceedings.
30 Any matter with respect to civil proceedings for which rules of court may be made under the Act by which the court is constituted.
31 Any matter with respect to which the court has jurisdiction under any other Act or law (including any Commonwealth Act).
32 Any matter for which the rules set out in Schedule 7 made provision when that Schedule commenced.
33 Any matter for which any other Act provides that rules may be made under this Act.
34 Any matter of a savings or transitional nature consequent on the making of any uniform rule.
35, 36 (Repealed)
(Section 6 (1))
Administration of Justice Act 1924 No 42
Arbitration (Civil Actions) Act 1983 No 43
Arbitration (Civil Actions) Regulation 1999
Attachment of Wages Limitation Act 1957 No 28
Damages (Infants and Persons of Unsound Mind) Act 1929 No 25
Foreign Judgments Act 1973 No 39
Judgment Creditors’ Remedies Act 1901 No 8
Local Courts (Civil Claims) Act 1970 No 11
Maintenance Orders (Facilities for Enforcement) Act 1923 No 4
(Repealed)
(Section 6 (3))
The Governor may make regulations of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Courts Legislation Amendment Act 2006, to the extent that it amends this Act
• Courts Legislation Further Amendment Act 2006 (but only to the extent that it amends this Act)
• Courts Legislation Amendment Act 2007 (but only to the extent to which it amends this Act)
• Courts and Crimes Legislation Amendment Act 2009 (but only to the extent to which it amends this Act)
• Courts Legislation Amendment Act 2010 (but only to the extent that it amends this Act)
• Courts and Crimes Legislation Further Amendment Act 2010
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
The Local Courts (Civil Claims) Rules 1988 are taken to have been made under the Local Courts Act 1982, and may be amended and repealed accordingly.
The following regulations are taken to have been made under section 18, and may be amended and repealed accordingly—
(a) the Supreme Court Regulation 2000,
(b) the District Court Regulation 2000,
(c) the Local Courts (Civil Claims) Regulation 2000.
Subject to subclause (2), this Act and the uniform rules apply to proceedings commenced before the commencement of this Act in the same way as they apply to proceedings commenced on or after that commencement.
A court before which proceedings have been commenced before the commencement of this Act may make such orders dispensing with the requirements of the uniform rules in relation to the proceedings, and such consequential orders (including orders as to costs), as are appropriate in the circumstances.
Subject to subclause (2), section 21 extends to—
(a) any debt arising under an agreement entered into before the commencement of that section, and
(b) any other debt arising before the commencement of that section.
The court may order that section 21 does not apply to a debt referred to in subclause (1) (a) if it is satisfied that it would be in the interests of justice to make such an order.
Section 65 extends to any proceedings commenced before the commencement of that section.
Any delegation that was in force immediately before the commencement of this Act under a provision of the old legislation for which there is a corresponding provision in this Act is taken to be a delegation in force under the corresponding provision of this Act.
Subject to this Schedule and the regulations, in any Act or instrument—
(a) a reference to a provision of the old legislation for which there is a corresponding provision in this Act extends to the corresponding provision of this Act or the uniform rules, and
(b) a reference to any act, matter or thing referred to in a provision of the old legislation for which there is a corresponding provision in this Act or the uniform rules extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act or the uniform rules, as the case requires.
Subject to this Schedule and the regulations—
(a) anything begun before the commencement of this Act under a provision of the old legislation for which there is a corresponding provision in this Act or the uniform rules may be continued and completed under the old legislation as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the old legislation for which there is a corresponding provision in this Act or the uniform rules (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act or the uniform rules, as the case requires.
(Repealed)
Any proceedings taken to have been dismissed under clause 18 of the Civil Procedure Regulation 2005 before the repeal of that clause by the Civil Procedure Amendment (Savings and Transitional) Regulation 2005 are taken to have never been dismissed under that clause and may be continued accordingly.
Subclause (1) does not apply to any such proceedings to the extent to which they relate to a cause of action for which relief has been claimed in fresh proceedings, as referred to in section 91.
The District Court or Local Court, as the case may be, may make such orders as are necessary to enable the proceedings to be continued.
In this Part—
The Land and Environment Court Regulation 2005 is taken to have been made under section 18 and may be amended and repealed accordingly.
Subject to subclause (2), this Act and the uniform rules apply to relevant proceedings commenced in the Land and Environment Court before the relevant commencement date in the same way as they apply to relevant proceedings commenced on or after that commencement.
If relevant proceedings are commenced in the Land and Environment Court before the relevant commencement date, the Land and Environment Court may make such orders dispensing with the requirements of the uniform rules in relation to the proceedings, and such consequential orders (including orders as to costs), as are appropriate in the circumstances.
Subject to the regulations, in any other Act or instrument—
(a) a reference to a provision of the unamended L & E legislation for which there is a corresponding provision in this Act extends to the corresponding provision of this Act or the uniform rules, and
(b) a reference to any act, matter or thing referred to in a provision of the unamended L & E legislation for which there is a corresponding provision in this Act or the uniform rules extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act or the uniform rules, as the case requires.
Subject to this Schedule and the regulations—
(a) anything begun before the relevant commencement date under a provision of the unamended L & E legislation for which there is a corresponding provision in this Act or the uniform rules may be continued and completed under the unamended L & E legislation as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the unamended L & E legislation for which there is a corresponding provision in this Act or the uniform rules (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act or the uniform rules, as the case requires.
Except as provided by this clause or the regulations, nothing in the new Part affects the commencement or continuance of any action or proceedings of a representative character commenced otherwise than under the new Part before the commencement of that Part.
Subject to subclause (3), the new Part extends to proceedings commenced (but not finally determined) in the relevant court under Division 2 of Part 7 of the uniform rules before the commencement of that Part.
The relevant court may make such orders dispensing with or modifying the requirements of the new Part in relation to proceedings referred to in subclause (2) as the relevant court thinks appropriate or necessary to ensure that justice is done in the proceedings.
In this clause—
(Repealed)
The exercise of a function of a court under this Act, or any other Act or law, by a registrar or other officer of the court pursuant to a direction given by instrument in writing by the senior judicial officer of the court is taken to be, and is taken to always have been, valid as it would have been had section 13 (as amended by the Courts and Other Legislation Amendment Act 2012) been in force at the time the direction was given.
The amendments made to this Act by Schedule 1.2 to the Courts and Other Justice Portfolio Legislation Amendment Act 2015 do not extend to proceedings commenced before the commencement of that Subschedule and those proceedings may continue as if those amendments had not been enacted.
In the definition of
(a) a claim within the meaning of the Motor Accidents Compensation Act 1999, and
(b) a claim within the meaning of Part 5 of the Motor Accidents Act 1988.
In section 81 (2), the reference to an award of damages to which Part 4 of the Motor Accident Injuries Act 2017 applies includes a reference to—
(a) an award of damages to which Chapter 5 of the Motor Accidents Compensation Act 1999 applies, and
(b) an award of damages to which Part 6 of the Motor Accidents Act 1988 applies.
(Repealed)
Civil Procedure Act 2005 No 28. Second reading speech made: Legislative Assembly, 6.4.2005; Legislative Council, 24.5.2005. Assented to 1.6.2005. Date of commencement, secs 8 and 17 and Schs 2, 5.3 [1]–[4], 5.15 [4], 5.17 [3], 5.30 [8], 5.43 and 5.44 excepted, 15.8.2005, sec 2 (1) and GG No 100 of 10.8.2005, p 4205; date of commencement of secs 8 and 17 and Sch 2, 24.6.2005, sec 2 (1) and GG No 77 of 24.6.2005, p 2952; date of commencement of Sch 5.3 [1]–[3], 5.15 [4], 5.17 [3] and 5.30 [8], 1.10.2005, sec 2 (2) and GG No 105 of 19.8.2005, p 4570; date of commencement of Sch 5.3 [4], 15.8.2005, sec 2 (3) and GG No 100 of 10.8.2005, p 4205; date of commencement of Sch 5.43 and 5.44, 15.8.2005, sec 2 (4) and GG No 100 of 10.8.2005, p 4205. This Act has been amended by Sch 5.3 to this Act and as follows—
No 22 | Dust Diseases Tribunal Amendment (Claims Resolution) Act 2005. Assented to 26.5.2005. Date of commencement of Sch 3, on the date of assent to the Civil Procedure Act 2005 (ie 1.6.2005), sec 2 (2). | |
(409) | Civil Procedure Amendment (Application of Act) Regulation 2005. GG No 100 of 10.8.2005, p 4206. Date of commencement, 15.8.2005, cl 2. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 2.10, assent, sec 2 (2). | |
No 23 | Courts Legislation Amendment Act 2006. Assented to 17.5.2006. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 56 | Courts Legislation Further Amendment Act 2006. Assented to 20.6.2006. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 107 | Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 3, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1). | |
No 8 | Mental Health Act 2007. Assented to 15.6.2007. Date of commencement, 16.11.2007, sec 2 and GG No 169 of 16.11.2007, p 8465. | |
No 46 | Evidence Amendment Act 2007. Assented to 1.11.2007. Date of commencement, 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12305. | |
No 56 | Courts Legislation Amendment Act 2007. Assented to 15.11.2007. Date of commencement of Sch 2 [1] [2] and [5]–[14], 28.1.2008, sec 2 (3) and GG No 182 of 14.12.2007, p 9537; date of commencement of Sch 2 [3] and [4], 14.12.2007, sec 2 (3) and GG No 182 of 14.12.2007, p 9537. | |
No 70 | Community Justice Centres Amendment Act 2007. Assented to 7.12.2007. Date of commencement of Sch 2.1, 25.5.2009, sec 2 (2) and 2009 (179) LW 22.5.2009. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.12, 2 and 7, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 95 | Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007. Assented to 13.12.2007. Date of commencement, 1.10.2008, sec 2 and GG No 92 of 25.7.2008, p 7281. | |
No 53 | Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 79 | Mental Health Legislation Amendment (Forensic Provisions) Act 2008. Assented to 5.11.2008. Date of commencement, 1.3.2009, sec 2 and GG No 44 of 27.2.2009, p 1229. | |
No 107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 29, 7.4 2009, sec 2 (2) and 2009 (112) LW 3.4.2009. | |
No 30 | Civil Procedure Amendment (Transfer of Proceedings) Act 2009. Assented to 9.6.2009. Date of commencement, assent, sec 2. | |
No 37 | Courts and Other Legislation Amendment Act 2009. Assented to 19.6.2009. Date of commencement of Sch 1.4, assent, sec 2 (2). | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 56 | Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 4, 17.7.2009, sec 2 (1). | |
No 77 | Courts and Crimes Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement of Sch 2.6 [1] [2] and [4]–[6], assent, sec 2 (1); date of commencement of Sch 2.6 [3], 1.2.2010, sec 2 (2) and 2010 (9) LW 22.1.2010. | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2). | |
No 63 | Courts Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.7, assent, sec 2 (2). | |
No 106 | Court Suppression and Non-publication Orders Act 2010. Assented to 29.11.2010. Date of commencement, 1.7.2011, sec 2 and 2011 (296) LW 24.6.2011. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). | |
No 135 | Courts and Crimes Legislation Further Amendment Act 2010. Assented to 7.12.2010. Date of commencement of Sch 6.1, 4.3.2011, sec 2 (2) (b) and 2011 (118) LW 3.3.2011; date of commencement of Sch 6.2, 1.4.2011, sec 2 (2) (b) and 2011 (119) LW 3.3.2011; date of commencement of Sch 6.3, assent, sec 2 (1). | |
No 38 | Courts and Other Legislation Further Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 60 | Courts and Other Legislation Amendment Act 2012. Assented to 10.9.2012. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 1 | Courts and Other Legislation Further Amendment Act 2013. Assented to 28.2.2013. Date of commencement of Sch 1.6, assent, sec 2 (1). | |
No 38 | Courts and Other Miscellaneous Legislation Amendment Act 2013. Assented to 21.6.2013. Date of commencement, assent, sec 2. | |
(296) | Civil Procedure Amendment (Local Court Special Jurisdiction) Regulation 2013. LW 21.6.2013. Date of commencement, on publication on LW, cl 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 50 | Strata Schemes Management Act 2015. Assented to 5.11.2015. Date of commencement of Sch 4, 30.11.2016, sec 2 and 2016 (492) LW 12.8.2016. The amendment made by Sch 4.3 [3] to sec 123 was without effect as that section was amended by the Courts and Other Justice Portfolio Legislation Amendment Act 2015. | |
No 67 | Courts and Other Justice Portfolio Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 1.2, assent, sec 2 (1). | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 10 | Motor Accident Injuries Act 2017. Assented to 4.4.2017. Date of commencement of Sch 5.2, 1.12.2017, sec 1.2 and 2017 (638) LW 22.11.2017. | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.3 [1], 3 months after assent, sec 2 (3); date of commencement of Sch 1.3 [2] and [3], assent, sec 2 (1); date of commencement of Sch 1.3 [4] and [5], 30.6.2018, sec 2 (2) and 2018 (305) LW 29.6.2018; date of commencement of Sch 1.3 [6], 1.12.2017, sec 2 (2) and 2017 (667) LW 1.12.2017. | |
No 5 | Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 2.8, 11.12.2020, sec 2(3). | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. | |
No 53 | District Court Legislation Amendment Act 2025. Assented to 17.9.2025. Date of commencement, assent, sec 2. |
Sec 3 | Am 2005 No 28, Sch 5.3 [1]; 2007 No 8, Sch 7.2; 2007 No 94, Schs 2, 3; 2008 No 79, Sch 3.2; 2009 No 49, Sch 2.9 [1]; 2010 No 135, Sch 6.2 [1]; 2013 No 1, Sch 1.6 [1]; 2015 No 7, Sch 2.3 [1]; 2017 No 10, Sch 5.2 [1]; 2025 No 53, Sch 2.1. |
Sec 4 | Am 2010 No 135, Sch 6.1 [1]; 2023 No 39, Sch 6.5[1]. |
Sec 6 | Am 2006 No 120, Sch 4. |
Sec 8 | Am 2006 No 120, Sch 3.3; 2007 No 56, Sch 2 [1] [2]; 2009 No 77, Sch 2.6 [1] [2]; 2016 No 48, Sch 2.6 [1] [2]; 2023 No 41, Sch 2.6[1] [2]. |
Sec 9 | Am 2005 No 28, Sch 5.3 [2]; 2010 No 119, Sch 2.10 [1] [2]’ 2015 No 7, Sch 2.3 [2]. |
Sec 13 | Am 2012 No 60, Sch 3 [1]. |
Sec 15 | Am 2009 No 56, Sch 4.11. |
Part 2, Div 2, heading | Am 2023 No 39, Sch 6.5[2]. |
Sec 18 | Am 2006 No 56, Sch 1 [1], 2023 No 39, Sch 6.5[3] [4]. |
Sec 18A | Ins 2023 No 39, Sch 6.5[5]. |
Part 2A, Divs 1–6 (secs 18A–18O) | Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2]. |
Sec 23 | Am 2007 No 94, Schs 1.12 [1], 2. |
Sec 26 | Am 2007 No 70, Sch 2.1 [1]. |
Sec 34 | Am 2007 No 70, Sch 2.1 [2]; 2009 No 106, Sch 2.2. |
Sec 41 | Am 2007 No 94, Sch 1.12 [2]. |
Sec 43 | Am 2007 No 94, Sch 2. |
Sec 56 | Am 2010 No 135, Sch 6.2 [3]–[7]; 2013 No 1, Sch 1.6 [3]–[8]. |
Sec 62 | Am 2007 No 94, Sch 2. |
Sec 64 | Am 2006 No 23, Sch 1 [1]. |
Sec 68 | Am 2020 No 30, Sch 2.8. |
Sec 72 | Rep 2010 No 106, Sch 2.1. |
Sec 74 | Am 2009 No 49, Sch 2.9 [2]. |
Sec 76 | Am 2007 No 56, Sch 2 [3] [4]; 2015 No 67, Sch 1.2 [1]. |
Sec 77 | Am 2006 No 56, Sch 1 [2]; 2009 No 49, Sch 2.9 [3]. |
Sec 78 | Am 2009 No 49, Sch 2.9 [3]. |
Sec 81 | Am 2006 No 56, Sch 1 [3]; 2007 No 95, Sch 2.1 [1]; 2017 No 10, Sch 5.2 [2] [3]. |
Sec 82 | Am 2007 No 95, Sch 2.1 [2]; 2017 No 10, Sch 5.2 [4]. |
Sec 87 | Am 2007 No 46, Sch 2.1. |
Sec 96 | Am 2007 No 94, Sch 1.12 [3]. |
Sec 97 | Am 2006 No 56, Sch 1 [4]. |
Sec 99 | Am 2005 No 28, Sch 5.3 [3]; 2015 No 7, Sch 2.3 [3]. |
Sec 101 | Am 2015 No 67, Sch 1.2 [2]. |
Sec 106 | Am 2007 No 94, Sch 2; 2017 No 44, Sch 1.3 [1] [2]. |
Sec 107 | Am 2007 No 94, Sch 1.12 [4]. |
Sec 108 | Am 2007 No 94, Sch 1.12 [5]. |
Sec 113 | Am 2006 No 56, Sch 1 [5] [6]. |
Sec 115A | Ins 2017 No 44, Sch 1.3 [3]. |
Sec 118A | Ins 2017 No 44, Sch 1.3 [4]. |
Part 8, Div 3, Subdiv 2, heading | Am 2015 No 50, Sch 4.3 [1]. |
Sec 121 | Am 2015 No 67, Sch 1.2 [3]. |
Sec 122 | Am 2009 No 37, Sch 1.4; 2013 No 38, Sch 1.2 [1]–[3]. |
Part 8, Div 3, Subdiv 2A | Ins 2015 No 50, Sch 4.3 [2]. |
Sec 122A | Ins 2015 No 50, Sch 4.3 [2]. Am 2018 No 5, Sch 2.3; 2021 No 7, Sch 4.3. |
Secs 122B–122E | Ins 2015 No 50, Sch 4.3 [2]. |
Sec 123 | Am 2015 No 67, Sch 1.2 [4]. |
Sec 124 | Am 2015 No 50, Sch 4.3 [4]. |
Sec 124A | Ins 2017 No 44, Sch 1.3 [5]. |
Sec 126 | Am 2015 No 67, Sch 1.2 [5]. |
Sec 140 | Am 2007 No 94, Sch 2; 2016 No 48, Sch 2.6 [3]; 2023 No 41, Sch 2.6[3]. |
Sec 141 | Am 2007 No 56, Sch 2 [5]. |
Sec 144 | Am 2007 No 56, Sch 2 [6]. |
Sec 146 | Am 2007 No 94, Sch 2. |
Sec 149 | Am 2007 No 56, Sch 2 [7]. |
Part 9, Div 2A (secs 149A–149E) | Ins 2007 No 56, Sch 2 [8]. Subst 2009 No 30, Sch 1. |
Part 9, Div 3 | Rep 2007 No 94, Sch 1.12 [6]. Ins 2010 No 63, Sch 1.7 [1]. Rep 2016 No 48, Sch 2.6 [4]. Ins 2023 No 41, Sch 2.6[4]. |
Sec 150 | Rep 2007 No 94, Sch 1.12 [6]. Ins 2010 No 63, Sch 1.7 [1]. Rep 2016 No 48, Sch 2.6 [4]. Ins 2023 No 41, Sch 2.6[4]. |
Sec 151 | Rep 2007 No 94, Sch 1.12 [6]. Ins 2010 No 63, Sch 1.7 [1]. Rep 2016 No 48, Sch 2.6 [4]. Ins 2023 No 41, Sch 2.6[4]. |
Sec 152 | Rep 2007 No 94, Sch 1.12 [6]. Ins 2010 No 63, Sch 1.7 [1]. Rep 2016 No 48, Sch 2.6 [4]. Ins 2023 No 41, Sch 2.6[4]. |
Sec 153 | Rep 2007 No 94, Sch 1.12 [6]. Ins 2010 No 63, Sch 1.7 [1]. Rep 2016 No 48, Sch 2.6 [4]. Ins 2023 No 41, Sch 2.6[4]. |
Sec 154 | Ins 2010 No 63, Sch 1.7 [1]. Rep 2016 No 48, Sch 2.6 [4]. Ins 2023 No 41, Sch 2.6[4]. |
Part 10 | Ins 2010 No 135, Sch 6.1 [2]. |
Part 10, Div 1 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 155 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 156 | Ins 2010 No 135, Sch 6.1 [2]. |
Part 10, Div 2 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 157 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 158 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 159 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 160 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 161 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 162 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 163 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 164 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 165 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 166 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 167 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 168 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 169 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 170 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 171 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 172 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 173 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 174 | Ins 2010 No 135, Sch 6.1 [2]. |
Part 10, Div 3 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 175 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 176 | Ins 2010 No 135, Sch 6.1 [2]. |
Part 10, Div 4 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 177 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 178 | Ins 2010 No 135, Sch 6.1 [2]. Am 2023 No 39, Sch 6.5[6]. |
Sec 179 | Ins 2010 No 135, Sch 6.1 [2]. |
Part 10, Div 5 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 180 | Ins 2010 No 135, Sch 6.1 [2]. |
Part 10, Div 6 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 181 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 182 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 183 | Ins 2010 No 135, Sch 6.1 [2]. |
Sec 184 | Ins 2010 No 135, Sch 6.1 [2]. |
Sch 1 | Am 2005 (409), cl 3; 2007 No 56, Sch 2 [9]; 2007 No 94, Sch 1.12 [7]; 2008 No 107, Sch 29.1; 2009 No 77, Sch 2.6 [3]; 2013 (296), cl 3; 2016 No 48, Sch 2.6 [5]; 2017 No 44, Sch 1.3 [6]; 2023 No 39, Sch 6.5[7]; 2023 No 41, Sch 2.6[5]. |
Sch 2 | Am 2007 No 56, Sch 2 [10]–[12]; 2008 No 53, Sch 3 [1]–[4]; 2009 No 77, Sch 2.6 [4] [5]; 2016 No 48, Sch 2.6 [6]; 2023 No 41, Sch 2.6[6] [7]. |
Sch 3 | Am 2005 No 98, Sch 2.10; 2006 No 107, Sch 1.6; 2010 No 135, Sch 6.2 [8], 6.3 [1]; 2013 No 1, Sch 1.6 [9]. |
Sch 5 | Am 2005 No 22, Sch 3 [1]. Rep 2006 No 120, Sch 4. |
Sch 6 | Am 2006 No 23, Sch 1 [2] [3]; 2006 No 56, Sch 1 [7]; 2007 No 56, Sch 2 [13] [14]; 2009 No 77, Sch 2.6 [6]; 2010 No 63, Sch 1.7 [2]; 2010 No 135, Sch 6.1 [3], 6.2 [9], 6.3 [2]; 2011 No 38, Sch 1; 2012 No 60, Sch 3 [2] [3]; 2013 No 1, Sch 1.6 [10]; 2015 No 67, Sch 1.2 [6]; 2017 No 10, Sch 5.2 [5] [6]. |
Sch 7 | Am 2005 No 22, Sch 3 [2]–[6]. Rep 2005 No 28, Sch 5.3 [4]. |
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0
0