Local Courts (Civil Claims) Act 1970 Local Courts (Civil Claims) Rule (Case Management Powers) 1998 (1998-448) [GG No 117 of 7.8.1998, p 5979] (NSW)

1998 No 448

New South Wales

Local Courts (Civil Claims) Rule

(Case Management Powers) 1998

under the

Local Courts (Civil Claims) Act 1970

The Local Courts (Civil Claims) Rule Committee made the following rule of court under the Local Courts (Civil Claims) Act 1970 on 13 May 1998.

W Shepherd

Acting Secretary to the Rule Committee

Explanatory note

The object of this Rule is to amend the Local Court (Civil Clamis) Rules

1988 to confer a power on a Local Court or the registrar to make orders for

the just, efficient, effective and timely management of proceedings before

the Court.

Published in Gazette No 11 7 of 7 August 1998, page 5979 Page 1

1998 No 448

Clause 1 Local Courts (Civil Claims) Rule (Case Management Powers) 1998

Local Courts (Civil Claims) Rule (Case

Management Powers) 1998

1 Name of Rule

This Rule is the Local Courts (Civil Claims) Rule (Case
Management Powers) 1998.

2     Amendment of Local Court (Civil Claims) Rules 1988

The Local Court (Civil Claims) Rules 1988 are amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Rule.

1998 No 448

Local Courts (Civil Claims) Rule (Case Management Powers) 1998

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Part 9, Division 3

Insert after Part 9, Division 2:

Division 3 Case management powers

9 Powers in relation to case management

(1)	The court or the registrar may make such orders as the court or registrar thinks fit for the just, efficient, effective or timely management of proceedings before the court.
(2)	Without limiting subrule (1), the court or registrar may make any one or more of the following orders:

an order fixing a timetable for the taking of steps
to prepare the matter for hearing.

an order that a document may be filed with the

court in electronic form.

an order that there be an exchange of written statements of the intended evidence of each witness.

an order as to how statements referred to in
paragraph (c) can be used.
an order for the preparation and filing of a
statement of agreed facts and agreed issues.
an order for the preparation and filing of an agreed
list of exhibits that are page numbered and

indexed ( i n appropriate order).

an order for the preparation of written submissions

on a question of law raised. and the filing of

copies of authorities relied on.

(3) An order made under this rule has effect despite anything
to the contrary in any other provision of these rules.