Supreme Court Act 1970 Supreme Court Rules (Amendment No 283) 1994 Rule (1994-120) [GG No 53 of 31.3.1994] (NSW)
1994—No. 120
SUPREME COURT RULES (AMENDMENT No. 283) 1994*
NEW SOUTH WALES
[Published in Gazette No. 53 of 31 March 1994]
1. These rules are made by the Rule Committee on 21 March 1994.
2. The Supreme Court Rules 1970 are amended as follows:
(a) Part 4 rule 2 (1)
(i) Omit “.” and insert instead “; or”.
(ii) After paragraph (d) insert:
(e)
where a claim is made by the plaintiff in proceedings for possession of land.
(b) Part 4 rule 2 (2)
(i) After paragraph (d) insert “or”.
(ii) Omit paragraph (e).
3. The Supreme Court Rules 1970 are further amended as follows:
(a) Part 33 rule 8A (2)
(i) From subparagraph (d) (iv), omit “and”.
(ii) From subparagraph (d) (v),omit“,”and insert instead “; and”.
(iii) After subparagraph (d) (v), insert:
(vi) particulars ofanyclaiminrespect of services of a domestic nature or services relating to nursing or attendance,
(iv) After subparagraph (e) (iii) insert:
(iv) reports, contracts, correspondence and award rates relied on to support any claim in respect of services of a domestic nature or services relating to nursing and attendance; and
* See correction notice published in G.G. No. 56 of 8.4.94. p. 1581 (1994—124).
1994—No. 120
4. The Supreme Court Rules 1970 are further amended as follows:
| (a) | Part60rule 1A After subrule (6) insert: |
(7) The generality of the powers granted by subrule (6) shall not be restricted by reason of the grant under subrule (1) of specific powers.
(b) SCHEDULE D Part 1
(i) Inthe matter relating to Act No.47,1988,addbeforethe reference to section 52 (3), 52 (4):
In Column 1— In Column 2— In Column 3— Section 28B (5) Extension of time
for giving noticeSection 28B (7), (8) Joinder of Nominal
DefendantSection 42 (4) Explanation for non .... compliance Section 42 (5) Allow proceedings .... to continue
Section 43A (4). 44B Strike out .... proceedings
Section 48 Co-operation with .... person against whom
claim made and the
person’s insurer(ii) Inthe matter relating toActNo.47,1988,add after the matter relating to section 52 (3), 52 (4):
In Column 1— In Column 2— In Column 3— Section 66A (1) Joinder of insurer .... 1994—No. 120
(c)
SCHEDULEDPart 1 After the matter relating to Act No. 219, 1986, insert:
In Column 1— In Column 2— In Column 3— Act No. 70, 1987;
Workers
Compensation Act
1987:
Section 151A (5) Leave to revoke .... election Section 151C Commencing .... proceedings Section 151D Commencing .... proceedings
EXPLANATORY NOTE
(This note does not form part of the rules)
1. The object of the amendment contained in paragraph 2 is to require proceedings for possession of land to be instituted by statement of claim.
2. The object of the amendment contained in paragraph 3 is to require particulars of claims in respect of services of a domestic nature or services relating to nursing or attendance and supporting documents to be given by plaintiffs in personal injury cases at the same time as other particulars and documents required by Part 33 rule 8A.
3. The object of the amendments contained in paragraph 4 is to make specific reference to various powers of the Court, under the Motor Accidents Act 1988 and under the Workers Compensation Act 1987. which are exercised by masters.
M. A. Blay, Secretary of the Rule Committee
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