District Court Act 1973 District Court Rule (Affidavits) 2000 (2000-109) [GG No 37 of 17.3.2000, p 1973] (NSW)

2000 No 109

District Court Rule (Affidavits) 2000	New South Wales
under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the

District Court Act 1973 on 24 February 2000.

J G Cowen

Secretary to the Rule Committee

Explanatory note

The objects of this Rule are to relax certain requirements in the District Court Rules 1973 concerning the filing of affidavits and to make further provision in respect of the return of affidavits.

Published in Gazette No 37 of 17 March 2000, page 1973	Page 1
[8]
2000 No 109
Clause 1	District Court Rule (Affidavits) 2000

District Court Rule (Affidavits) 2000

1      Name of Rule

This Rule is the District Court Rule (Affidavits) 2000.

2 Commencement

This Rule commences on 3 April 2000.

3 Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Rule.

2000 No 109

District Court Rule (Affidavits) 2000

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Part 6, rule 3

Omit “shall file the affidavit and serve it”.
Insert instead “must serve the affidavit”.

[2]      Part 6, rule 4 (a)

Omit “files” and “filed”.
Insert instead “serves” and “served” respectively.

[3]      Part 6, rule 4 (b)

Omit “file” where firstly occurring.
Insert instead “serve”.

[4]      Part 6, rule 10

Omit “shall file the affidavit and serve it”.
Insert instead “must serve the affidavit”.

[5]      Part 6, rule 11 (a)

Omit “files” and “filed”.
Insert instead “serves” and “served” respectively.

[6]      Part 6, rule 11 (b)

Omit “file” where firstly occurring.
Insert instead “serve”.

[7]      Part 6, rule 12 (1)

Omit “filed an affidavit or notice” wherever occurring.
Insert instead “served an affidavit or filed a notice”.

2000 No 109

District Court Rule (Affidavits) 2000

Schedule 1 Amendments

[8]      Part 6, rule 40 (2)

Omit “filed with the notice of appeal”.
Insert instead “to be served with the notice of appeal”.

[9]      Part 6, rule 42

Omit “file the affidavit and”.

[10]      Part 6, rule 53 (2)

Omit “filed with the notice”.
Insert instead “to be served with the notice”.

[11]      Part 6, rule 57

Omit “shall file the affidavit or report and serve it”.
Insert instead “must serve the affidavit or report”.

[12]      Part 30, rule 6

Omit the rule. Insert instead:

6      Filing not generally required

A affidavit must not be filed unless:

(a)	it is filed in accordance with the requirements of another provision of these Rules, or
(b)	a Judge or a registrar gives leave for it to be filed, or
(c)	it is filed in accordance with a Practice Note.

[13]      Part 30, rule 6A

Insert after Part 30, rule 6:

6A Return of affidavits

(1) Subject to any order of the Court or a registrar, affidavits filed in any proceedings must be returned to the person who filed them if they are no longer required for use in the proceedings.

2000 No 109

District Court Rule (Affidavits) 2000

Amendments Schedule 1

(2) The Court or a registrar may order that an affidavit filed in any proceedings be retained for a specified period of time or until the happening of a specified event. Any such order may be made on the application of a party or on the Court’s or registrar’s own motion.

[14]      Part 43, rule 1

Insert “Part 30, rule 6 and” after “subject to”.

BY AUTHORITY