District Court Amendment (Defences) Rule 2003 (NSW)

2003 No 258

New South Wales

District Court Amendment (Defences)

Rule 2003

under the

District Court Act 1973

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

District Court Act 1973 on 6 March 2003.

A Liounis

Acting Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend Part 10 rule 1 of the District Court Rules 1973 to provide that a defendant in proceedings commenced by an ordinary statement of claim may file a notice of grounds of defence only within 2 months of the service on the defendant of the statement of claim unless the Court grants leave for it to be filed after the expiry of that period. Currently, rule 1 provides that such a notice may be filed at any time before judgment.

Published in Gazette No 74 of 17 April 2003, page 4493	Page 1
2003 No 258
Clause 1	District Court Amendment (Defences) Rule 2003

District Court Amendment (Defences) Rule 2003

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Defences) Rule 2003.

2 Amendment of District Court Rules 1973

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

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2003 No 258

District Court Amendment (Defences) Rule 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Part 10 rule 1

Omit “at any time before judgment” from rule 1 (1).

Insert instead “, within 2 months after service of the statement of claim on the defendant,”.

[2]      Part 10 rule 1 (3)

Omit “as soon as practicable”.
Insert instead “within 14 days of filing”.

[3]      Part 10 rule 1 (5)

Insert after rule 1 (4):

(5) A defendant may file a notice of grounds of defence after the period referred to in subrule (1) has expired only with the leave of the Court.

BY AUTHORITY

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