Local Court Rules (Amendment No 2) 2010 (NSW)
2010 No 609
New South Wales
Local Court Rules (Amendment No 2)
2010
under the
Local Court Act 2007
The Local Court Rule Committee has made the following rules of court under the
Local Court Act 2007.
Stephen Olischlager
Secretary of the Rule Committee
Explanatory note
Criminal Procedure Act 1986 (as it applies to the Local Court).
The object of these Rules is to include additional methods by which service of originating and and 52 of the
other documents may be effected.
| Published LW 29 October 2010 | Page 1 |
| 2010 No 609 | |
| Rule 1 | Local Court Rules (Amendment No 2) 2010 |
Local Court Rules (Amendment No 2) 2010
under the
Local Court Act 2007
1 Name of Rules
These Rules are the Local Court Rules (Amendment No 2) 2010.
2 Commencement
These Rules commence on the day on which they are published on the
NSW legislation website.
2010 No 609
Local Court Rules (Amendment No 2) 2010
| Amendment of Local Court Rules 2009 | Schedule 1 |
| Schedule 1 | Amendment of Local Court Rules 2009 |
[1] Rules 5.6A and 5.6B
Insert after rule 5.6:
5.6A Originating documents may be served on legal practitioner If a person has engaged a legal practitioner in the proceedings and instructed that legal practitioner to accept service, service of the originating document on the person may be effected by serving the document on that legal practitioner:
(a)
in any manner agreed between the parties to the proceedings, or
(b) in any manner permitted by these rules.
5.6B Service of originating documents on inmate of correctional centre An originating document may be served personally on an inmate of a correctional centre or by either of the following methods:
(a) by faxing a copy of the document, addressed to the inmate, to the correctional centre’s facsimile number, (b) by transmitting an electronic copy of the document, addressed to the inmate, to the correctional centre’s electronic service address.
[2] Rule 5.9
Omit the rule. Insert instead:
5.9 Service of court attendance notices in summary proceedings
(1) A court attendance notice commencing proceedings for a
summary offence may be served:
(a) personally, (b)
by sending the notice by post, addressed to the person, to the person’s residential address,
(c)
by faxing a copy of the notice, addressed to the person, to the person’s facsimile number (if that method of service has been consented to by the person),
(d)
by transmitting an electronic copy of the notice, addressed to the person, to the person’s electronic service address (if that method of service has been consented to by the person).
2010 No 609
Local Court Rules (Amendment No 2) 2010
| Schedule 1 | Amendment of Local Court Rules 2009 |
(2) If service of the notice is effected by post, facsimile or any other electronic means, the notice must be served on the person not less than 21 days before the first listing of the offence.
[3] Rule 5.10 Service of other documents
Omit “issued by the Court in proceedings on a person named in the document concerned” from rule 5.10 (1).
Insert instead “required or permitted by the Court to be served on a person in proceedings”.
[4] Rule 5.10 (1) (c1) and (c2)
Insert after rule 5.10 (1) (c):
(c1) by faxing a copy of the document, addressed to the person, to the person’s facsimile number (if that method of service has been consented to by the person), or (c2) by transmitting an electronic copy of the document, addressed to the person, to the person’s electronic service address (if that method of service has been consented to by the person), or
[5] Rule 5.10 (2) (a) and (a1)
Omit rule 5.10 (2) (a). Insert instead:
(a) by serving the document personally on the legal practitioner, or (a1) by posting a copy of the document, addressed to the legal practitioner, to the legal practitioner’s business address, or
[6] Rule 5.10 (2A)
Insert after rule 5.10 (2):
(2A) Despite any other provision of this rule, a document may be served under this rule by facsimile or other electronic means without consent if the court so orders. [7] Rule 5.10 (3)
Omit the subrule.
[8] Rule 5.11 Substituted service of documents
Omit “rule” from subrule (1). Insert instead “Part”.
2010 No 609
Local Court Rules (Amendment No 2) 2010
| Amendment of Local Court Rules 2009 | Schedule 1 |
[9] Rule 5.13A
Insert after rule 5.13:
| 5.13A | Time of service for a document sent by DX or transmitted by facsimile |
Unless the contrary is proved, the time at which a document is taken to have been served is:
(a) in the case of a document a copy of which is left in a DX box in accordance with this Part, at the end of the second day following the day on which the copy is so left, or (b) in the case of a document a copy of which is faxed in accordance with this Part, at the end of the first day following the day on which the copy is so faxed.
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