Supreme Court Rules (Amendment No 370) 2002 (NSW)

2002 No 886

New South Wales

Supreme Court Rules (Amendment No

370) 2002

under the

Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the

Supreme Court Act 1970 on 18 November 2002.

Steven Jupp

Secretary of the Rule Committee

Explanatory note
The object of these rules is to amend the Supreme Court Rules 1970 to provide that an originating process and a defence on a claim for damages, as originally filed and as amended, must not be filed unless the certification required under section 198L of the Legal Profession Act 1987 is made. The form for the certification is also prescribed.

Section 198L of the Legal Profession Act 1987 provides that a solicitor or barrister cannot file originating process or a defence on a claim for damages unless the solicitor or barrister certifies that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim or the defence (as appropriate) has reasonable prospects of success.

Published in Gazette No 237 of 29 November 2002, page 10127	Page 1
2002 No 886
Rule 1	Supreme Court Rules (Amendment No 370) 2002

Supreme Court Rules (Amendment No 370) 2002

under the

Supreme Court Act 1970

1      Name of rules

These rules are the Supreme Court Rules (Amendment No 370)
2002.

2 Amendment of Supreme Court Rules 1970

The Supreme Court Rules 1970 are amended as set out in

Schedule 1.

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2002 No 886

Supreme Court Rules (Amendment No 370) 2002

Amendments	Schedule 1
Schedule 1 Amendments

(Rule 2)

[1]      Part 1, rule 9A

Insert after rule 9A (1):

(1A)	A document that is an originating process on a claim for damages or a defence on a claim for damages, and any fresh document filed to amend such a document, must not be filed unless it includes a certification referred to in section 198L (2) of the Legal Profession Act 1987 and made by the relevant solicitor or barrister in the form prescribed by Form 158.
(1B)	Notwithstanding anything in these rules, the obligation to comply with subrule (1A) must not be waived.

[2]      Schedule F Forms

Insert at the end of Forms 5, 9, 10, 11A, 11B, 17 and 19 the following:

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that this claim (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)

[3]      Schedule F

Insert before “(This form does not apply to proceedings in the Court of
Appeal)” wherever occurring in Forms 6 and 7 the following:

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that this claim (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)

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2002 No 886

Supreme Court Rules (Amendment No 370) 2002

Schedule 1 Amendments

[4]      Schedule F

Insert after Form 157:

Form 158

P 1, r 9A (1A)

Certification under section 198L of the Legal Profession Act 1987

I, (full name), certify that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that this claim (or, as the case may be, this defence/this cross-claim/this defence to cross-claim) has reasonable prospects of success.

(Signature) Date (Date certification signed)

Solicitor/barrister for the plaintiff/defendant/cross-claimant/cross-defendant (as the
case may be)

[5]      Schedule F

Omit “158–160. (Repealed)” from the Index of Forms. Insert instead:

158.	Certification under section 198L of the Legal Profession Act 1987.
159–160.	(Repealed)

BY AUTHORITY

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