District Court Act 1973 District Court Rule (Flat Filing of Documents) 1998 (1998-155) [GG No 56 of 20.3.1998, p 1629] (NSW)
1998 No 155
New South Wales
District Court Rule (Flat Filing of
Documents) 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 5 March 1998.
J G Cowen
Secretary to the Rule Committee
Explanatory note
The object of this Rule is to eliminate the present requirement that documents filed in the District Court have backsheets and to require instead all relevant identifying information to be included on the front page of the document. This new system of “flat filing” is based on the system adopted by the Supreme Court under Part 65 of the Supreme Court Rules 1970.
Published in Gazette No 56 of 20 March 1998, page 1629 Page 1
1998 No 155
Clause 1 District Court Rule (Flat Filing of Documents) 1998 District Court Rule (Flat Filing of Documents)
19981 Name of Rule This is the District Court Rule (Flat Filing of Documents) 1998.
2 Commencement
This Rule commences on 20 March 1998.
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.
1998 No 155
District Court Rule (Flat Filing of Documents) 1998
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3)
[1] Part 47, rule 1
Omit the rule. Insert instead:
| 1 First page of a document |
The first page of a document in any proceedings must be headed in the Court at the proper place in relation to the proceedings, and if the document is filed at a place other than the proper place the heading must contain a note that the document was filed at that place.
The first page of a document in any proceedings must show the number and year allotted to the proceedings under Part 5, rule 3 (3).
The first page of a document in any proceedings between parties must be entitled between the parties, and not otherwise.
The first page of a document in any proceedings in which there is no defendant or respondent must be entitled “In the application of” together with the name
of the applicant, and not otherwise. A document may bear an abbreviation of the title of the proceedings sufficient to identify the proceedings unless the document is:
(a) an originating process, or
(b) a cross-claim, or (c) a document to be served on a person not a party to
the proceedings, or(d) a form of judgment or final order. At the foot of the left hand side of the first page of a document prepared by a party for use in the Court, the following are to be shown:
1998 No 155
District Court Rule (Flat Filing of Documents) 1998
Schedule 1 Amendments
(a)
the name, address and telephone number of the solicitor for the party,
(b)
if the solicitor acts in the proceedings by an agent—the name, address and telephone number of the agent,
(c)
if the address for service of the party is the office of a solicitor who has an exchange box in a document exchange of Australian Document Exchange Pty Limited—the solicitor’s exchange box number.
(7) Subrule (6) does not apply to a document prepared by a party for use in the Court who is not represented by a solicitor. However, any such document must show the name and address for service of the party at the foot of the left hand side of the first page of the document.
cf SCR Pt 65, r 1 .
[2] Part 47, rule 6
Omit the rule.
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