District Court Act 1973 Rule amending District Court Rules (1994-55) [GG No 35 of 11.2.1994] (NSW)

1994—No. 55

DISTRICT COURT COURT ACT 1973—RULE

NEW SOUTH WALES

[Published in Gazette No. 35 of 11 February 1994]

1. This rule is made by the Rule Committee on 2 February 1994, and

has effect on and from 11 February 1994.

2. The District Court Rules 1973 are amended as follows:

(a) Part 6 rule 51 (2)

(i) Before “Bathurst” insert “AIbury,”;

(ii) After “Gosford,” insert “Griffith,”.

(b) Part 12 rule 4A (2)

(i) In paragraph (d) (iv) omit “and” where secondly appearing;

(ii)  In paragraph (d) (v) omit“income,”,insert instead “income; and”;

(iii) After paragraph (d) (v) insert the following subparagraph:

(vi)  particularsofanyclaim for domestic assistance or attendant care,

(iv) In paragraph (e) (ii) omit “and”;
(v) After paragraph (e) (iii) insert the following subparagraph;

(iv)  reports,awardrates and correspondence relied onto support any claim for domestic assistance or attendant care; and

(c)	Part29rule6(6) Omit the subrule.
(d)	Part29rule 7 (3),(4) After Part 29 rule 7 (2) insert the following subrules:

(3) Subject to subrule (4), service of a subpoena for production which requires production on a specified date, being a date not later than 21 days before the hearing of the proceedings in which the subpoena is issued, may be effected by sending a copy of the subpoena by pre-paid post addressed to the person named at that person’s usual or last known residence or place of business.

1994—No. 55

(4) Service pursuant to subrule (3) shall not be effective unless

and until the subpoena is actually received by the person named.

(e)

Part34rule 5 (2) of execution”, insert instead “executing or attempting to execute the writ of execution”.

EXPLANATORY NOTE

The purpose of the amendments is:

(a)	to include AIbury and Griffithinthelistofplacesat which anappealunder the Victims Compensation Act 1987 may be heard without a special order of the Court;
(b)	torequireaplaintiff who claims compensation for domestic care togive adequate and timely particulars of the claim to the defendant and the Court;

(c) and (d) to provide for service by post of subpoenas for production;

(d) to enable aSheriff’s Officer to give ajudgment debtor notice ofawritof execution when attempting to execute the writ instead of, as at present, only when actually making a levy.

E. J. O’GRADY,

Secretary to the Rule Committee.