Supreme Court Act 1970 Supreme Court Rules (Amendment No 330) 1999 (1999-362) [GG No 84 of 23.7.1999, p 5148] (NSW)

1999 No 362

Supreme Court Rules (Amendment No.
330) 1999 New South Wales

1.    These rules are made by the Rule Committee on 19 July 1999.

2. The Supreme Court Rules 1970 are amended as follows—

(a) Part 14D rule 1(c)

(i)        From subparagraph (ii), omit “court of petty sessions” and insert instead “Local Court”.

(ii)       Omit “stipendiary” wherever occurring.

(b) Part 76 rule 51
Omit “stipendiary” wherever occurring.

3. The Supreme Court Rules 1970 are further amended as follows—

(a)	Part 41 rule 13(3) After “rule 7,” insert “Part 77 rule 141(3),”.
(b)	Part 77 At the end of the Part insert—

Division 53—Federal Courts (State Jurisdiction) Act 1999

Interpretation

138 In this Division, unless the context or subject matter
otherwise indicates or requires:
“ineffective judgment” and “relevant order” shall have, unless
the contrary intention appears, in relation to proceedings
under the subject Act, the same meaning as in the subject Act.
“subject Act” means the Federal Courts (State Jurisdiction)

Act 1999.

Published in Gazette No 84 of 23 July 1999, page 5148	Page 1
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1999 No 362
Supreme Court Rules (Amendment No 330) 1999

Application for order under s. 7

139 A person seeking the aid of the Court in respect of a right or liability to which section 7 of the subject Act refers, other than in respect of an appeal, shall commence proceedings:

(a)	by summons joining as defendants all persons whose interests may be affected by the application;
(b)	in the Division to which the proceedings, in which the ineffective judgment was given or recorded, would have been assigned if it had been commenced in the Court.

Application for order under s. 10

140 An applicant for an order under section10 of the subject

Act shall commence proceedings for the order:

(a)	by summons joining as defendants all other parties to the proceedings in which the ineffective judgment was given or recorded;
(b)	in the Division to which the proceedings, in which the ineffective judgment was given or recorded, would have been assigned if it had been commenced in the Court.

Application for order under s. 11(2)
141 (1) An applicant for an order under section 11(2) of the
subject Act (“the order”) shall commence proceedings for the
order by summons, joining as defendants all other parties to
the proceeding in which the relevant order was made (“the

relevant proceedings”), in:

(a)	where the relevant proceedings, if commenced in the Court, would have been commenced in the Court of Appeal—the Court of Appeal; or
(b)	otherwise—the Division to which the relevant proceedings would have been assigned if they had been commenced in the Court.

(2) Where the order is made:

(a) subject to any order of the Court:

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1999 No 362

Supreme Court Rules (Amendment No 330) 1999

(i)        the registrar or clerk of the court in which the relevant proceedings were brought shall send the record of the proceeding to the Court; and

(ii)       the Court shall proceed as if:

(A)	the relevant proceedings had been originally commenced in the Court;
(B)	the same steps had been taken in the Court as have been taken in any other court or courts in which the relevant proceedings were for the time being pending; and
(C)	any order made by any other court or courts in which the relevant proceedings were for the time being pending had been made by the Court;

(b) the plaintiff shall, within 28 days of the order being made, move the Court for directions under Part 26.

(3) Notwithstanding Part 41 rule 13(3), the registrar may, without a direction of the Court or a request of a party, file and seal a minute of the order.

(4) The registrar shall serve a minute of the order on the registrar of the court by which the relevant order was made.

EXPLANATORY NOTE
(This note does not form part of the rules).

1    The object of the amendments contained in paragraph 2 is to replace references to superseded terms.

2 The object of the amendments contained in paragraph 3 is to provide procedures for applications under the Federal Courts (State Jurisdiction) Act 1999.

M A Blay
The Secretary of the Rule Committee

BY AUTHORITY

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