District Court Act 1973 District Court Rule (Contractors Debts) 1998 (1998-473) [GG No 123 of 21.8.1998, p 6214] (NSW)

1998 No 473

New South Wales

District Court Rule (Contractors

Debts) 1998

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 13 August 1998.

Margaret Lennan

Acting Secretary to the Committee

Explanatory note

The object of this Rule is to amend the District Court Rules 1973:

( a )	to provide for the procedure on an application under section 7 (1) of the Contractors Debts Act 1997 for certification of a debt or an application under section 14 of that Act for an attachment order, and
( b )	to provide for the particulars of evidence required for an application under section 7 (1) of that Act, and
( c )	to allow the Registrar to exercise the powers of the District Court to make orders issuing a debt certificate under section 7 (1) of that Act.
Published in Gazette No 123 of 21 August 1998, page 6214	Page 1

1998 No 473

Clause 1 District Court Rule (Contractors Debts) 1998

District Court Rule (Contractors Debts) 1998

Name of Rule

This Rule is the District Court Rule (Contractors Debts) 1998.

Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in

Schedule 1.

Notes

The explanatory note does not form part of this Rule.

1998 No 473

District Court Rule (Contractors Debts) 1998

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]        Part 6, Division 9

Insert after Division 8 of Part 6:

Division 9 Applications under Contractors Debts Act
1997

64 Application for order issuing debt certificate

(1)	The evidence in support of an application for a certificate under section 7 (1) of the Contractors Debts
Act 1997 must include evidence showing the following: how much of the judgment debt is for work carried out or for materials supplied (the subject

debt),

whether the subject debt consists of daily, weekly

or monthly wages,

if the subject debt so consists-whether the
subject debt exceeds 120 days' wages,

if the subject debt so consists and exceeds 120 days' wages-an amount to be included in the certificate that does not exceed 120 days' wages,

would be practicable for the applicant to exercise

done on something moveable and, if so, whether it whether work resulting in the subject debt was

a lien by retaining the thing in the applicant's
possession.

( 2 )	The applicant may, unless the Court orders otherwise, proceed without service of notice of the application or other documents on any person.
( 3 )	The application may be determined or dealt with by the
Court in the absence of the public and without any
attendance by or on behalf of any person.

1998 No 473

District Court Rule (Contractors Debts) 1998

Schedule 1 Amendments

65 Application for attachment order

On an application under section 14 (1) of the Contractors Debts Act 1997, the applicant may, unless the Court orders otherwise, proceed without service of notice of the application or other documents on any person.

1. Part 43, rule 10A (2) (c) (vii)

   Omit "and" where lastly occurring.

2. Part 43, rule 10A (2) (c) (ix)

, a n d

(ix) orders issuing a debt certificate under section 7 (1) of the Contractors Debts Act