Supreme Court Rules (Amendment No 394) 2004 (NSW)
2004 No 608
New South Wales
Supreme Court Rules (Amendment
No 394) 2004
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 16 August 2004.
Steven Jupp
Secretary of the Rule Committee
Explanatory note
The object of these Rules is to amend the Supreme Court Rules 1970:
| (a) | to make further provision with respect to the orders and decisions of Masters that may be appealed to the Court of Appeal, and |
| (b) | to revise and restate the powers of the Court under certain Acts and Regulations that Masters may exercise. |
| Published in Gazette No 138 of 27 August 2004, page 7153 | Page 1 |
| 2004 No 608 | |
| Clause 1 | Supreme Court Rules (Amendment No 394) 2004 |
Supreme Court Rules (Amendment No 394) 2004
under the
Supreme Court Act 1970
1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 394) 2004.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in Schedule 1.
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Rule 2)
[1] Part 60, rule 17
Omit “or” from rule 17 (g) where thirdly occurring.
[2] Part 60, rule 17 (h)
Omit “or”.
[3] Part 60, rule 17 (j)
Omit “brought.” Insert instead “brought, or”.
[4] Part 60, rule 17 (k)
Insert after rule 17 (j):
(k) where the decision of the master is a final decision other than:
(i)
a decision on an application for a summary judgment, or
(ii)
a decision on an application for a summary dismissal of proceedings.
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Schedule 1 | Amendments |
[5] Schedule D Powers of Masters
Omit Part 1. Insert instead:
Part 1 Powers under NSW and Commonwealth
Acts and regulations
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| Administration of Justice Act 1924: | ||
| • | section 5 | Enforcement of judgment of British dominion |
Arbitration (Civil Actions)
Act 1983:
| • | section 12 (1) | Order to witness to attend |
Bills of Sale Act 1898:
| • | section 4B | Extension of time for registering, filing etc |
Business Names Act 1962:
| • | section 14 | Persons in default; orders for compliance or stay of proceedings |
Business Names Act 2002:
| • | section 23 (2) | Contraventions of Act; orders for compliance or adjournment of proceedings |
Charitable Fundraising
Act 1991:
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Column 1 | Column 2 | Column 3 | ||
| Act or regulation and provision | Description | Restriction | ||
| • | section 30 | Correcting award | ||
| • | section 35 (1) (a) | Delivery of award | ||
| • | section 36 | Costs of abortive arbitration | ||
| • | section 46 (2) (a) | Terminating proceedings for delay | ||
| • | section 48 |
| ||
| • | section 53 | Stay of proceedings | ||
| • | section 54 | Interpleader | ||
| • | section 60 (d) | Service of notices |
Companies Act 1961:
| • | section 363 | Security for costs |
Companies Code:
| • | section 123 | Reduction of capital | ||
| • | section 212 | Rectification of Register of Company Charges | ||
| • | Part 12, Division 2 |
| ||
| • | section 396 (4) | Members’ voluntary winding up: meeting |
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Schedule 1 | Amendments |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | Part 12, Division 4 | Winding up: companies | In a winding up by the Court and except sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code |
| • | Part 12, Division 6 | Winding up: bodies other | Except in respect of |
| than companies | sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the | ||
| Code | |||
| • | section 533 | Security for costs, etc | |
| • | section 536 | Directions: meetings ordered by the Court | |
| • | section 539 | Irregularities, extension of | Restricted orders or |
| time, etc | declarations in or for the purposes of proceedings for other relief under the Code which the master may grant | ||
| • | section 541 | Examination of persons concerned with corporations |
Companies (New South Wales)
Regulations—
| • | regulation 78 | Liquidator’s account |
| • | regulation 81 | Deposit with liquidator |
| • | regulation 87 | Costs of meeting |
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | regulation 125 | Dealing with proof |
| • | regulation 126 | Time for appeal |
| • | regulation 134 | Time for appeal |
| • | regulation 143 | Distribution of surplus |
Confiscation of Proceeds of
Crime Act 1989:
| • | section 77 | Registration of interstate forfeiture order etc |
| • | section 82 (1) | Order for cancellation of registration of interstate forfeiture order etc |
Contractors Debts Act 1997:
| • | section 14 | Attachment order |
Conveyancers Licensing
Act 1995:
| • | section 77 | Directions relating to a receiver |
| • | section 85 | Bill of costs |
Conveyancing Act 1919:
| • | section 36A | Division of chattels |
| • | section 66G | Trustees for sale |
| • | section 89 | Modification of easements, etc |
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Schedule 1 | Amendments |
| Column 1 | Column 2 | Column 3 | ||||
| Act or regulation and provision | Description | Restriction | ||||
| • | Part 5.3A | Administration of company’s affairs with view to executing deed of company arrangement | ||||
| • | Part 5.4 | Winding up | ||||
| • | section 461 |
| ||||
| • | Part 5.4B |
| ||||
| • | section 495 (4) | Members’ voluntary winding up: meeting | ||||
| • | section 500 | Creditor’s voluntary winding up | ||||
| • | section 504 | Voluntary winding up: remuneration of liquidator | ||||
| • | Part 5.6 |
| ||||
| • | Part 5.7 |
| ||||
| • | section 597 | Examination of persons concerned with corporations | ||||
| • | section 1274 | Directions to make good default in lodgement of documents | ||||
| • | section 1319 | Directions, meetings ordered by the Court |
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | section 1322 | Irregularities, extension of | Restricted to orders |
| time etc | or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the Master may grant | ||
| • | section 1324 | Injunctions | Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back |
| • | section 1335 | Security for costs etc |
Corporations Regulations 2001
of the Commonwealth:
| • | Part 5.6 | Winding up |
Damages (Infants and Persons
of Unsound Mind) Act 1929:
| • | section 4 | Sanctioning settlements, etc |
| • | section 5 | Directions, etc, as to money paid to Public Trustee |
| • | section 7 | Assessments, directions, certificates and references as to costs |
District Court Act 1973:
| • | section 143 | Transfers to District Court |
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Schedule 1 | Amendments |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| Foreign Judgments Act 1973: | ||
| • | sections 6, 8, 9 | Enforcement of judgment of a country |
Foreign Judgments Act 1991 of
the Commonwealth:
| • | sections 6, 7, 8, 9 | Enforcement of judgment of a country |
Insurance Act 1902:
| • | section 17A (1) | Joinder of insurer etc |
International War Crimes Tribunals Act 1995 of the Commonwealth:
| • | section 45 (1) | Registration of a forfeiture order |
Judgment Creditors’ Remedies
Act 1901:
| • | Part 5 | Charging orders |
Jury Act 1977:
| • | section 38 (1) (b) | Excusing juror |
Land and Environment Court
Act 1979:
| • | section 72 | Transfer to Land and Environment Court |
Landlord and Tenant Act 1899:
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | section 27 (2) | Relief relating to bond |
| • | section 27 (3) | Cancellation of bond |
Legal Profession Act 1987:
| • | section 80 (7) (d) | Claim against Fidelity Fund; time |
| • | section 87 (4) (b) | Final date for claim against Fund |
| • | section 90C | Enforcement against Fund |
| • | section 102 | Directions relating to a receiver |
| • | section 208L | Appeal against decision of costs assessor |
| • | section 208M | Leave to appeal, appeal: determination of costs assessor |
| • | section 208N | Suspension of costs determination and ending suspension |
| • | section 209C | Order for barrister or solicitor to give to a client a bill of costs or certain documents |
Limitation Act 1969:
| • | section 58 (2) | Extension of limitation period—personal injury action not surviving |
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Schedule 1 | Amendments |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | section 73 (1) | Extension of limitation period—arbitration |
| • | Schedule 5 clause 5 (5) | Transitional provisions |
Married Persons (Equality of
Status) Act 1996:
| • | section 13 | Fraudulent investment of spouse’s money |
Minors (Property and Contracts)
Act 1970:
| • | section 41 (3) | Removal of proceedings |
Motor Accidents Act 1988:
| • | section 42 (4) | Explanation for non compliance |
| • | section 42 (5) | Allow proceedings to continue |
| • | section 43A (7), 44B | Dismiss proceedings |
| • | section 47A | Joinder of insurer |
| • | section 48 | Co-operation with person against whom claim made and the person’s insurer |
| • | section 52 (4) | Commencing proceedings |
| • | section 66A (1) | Joinder of insurer |
Motor Accidents Compensation
Act 1999:
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | section 70 (3) | Allow proceedings to continue |
| • | section 73 (4), 76 | Dismiss proceedings |
| • | section 79 | Joinder of insurer |
| • | section 85 | Co-operation with person against whom claim made and the person’s insurer |
| • | section 109 (1) | Commencing proceedings |
| • | section 119 (1) | Joinder of insurer |
Motor Vehicles (Third Party
Insurance) Act 1942:
| • | section 14E (1) and (2) | Joint hearing and transfer |
Mutual Assistance in Criminal
Matters Act 1987 of the
Commonwealth:
| • | section 34A | Registration of a foreign forfeiture order, a foreign pecuniary penalty order or a |
| foreign restraining order | ||
| • | section 34A (5) | Registration of amendment to a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order |
| • | section 34G | Order cancelling registration |
Offshore Minerals Act 1994 of
the Commonwealth:
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Schedule 1 | Amendments |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| Offshore Minerals Act 1999: | ||
| • | section 351 (1) (a) | Removal of caveat |
| • | section 351 (1) (c) | Extending caveat |
| • | section 351 (2) | Non registration of further caveat |
Proceeds of Crime Act 1987 of the Commonwealth:
| • | section 23A (2) | Direction to DPP to give or publish notice of registration |
Proceeds of Crime Act 2002 of the Commonwealth:
| • | Division 1 of Part 2-2 | Forfeiture order |
| Property (Relationships) | De facto relationships |
| Act 1984 | Domestic relationships |
| Property, Stock and Business Agents Act 1941: |
| • | section 83J | Directions relating to a receiver |
| • | section 83V | Directions relating to a receiver |
Property, Stock and Business
Agents Act 2002:
| • | section 160 | Directions relating to a receiver |
| • | section 161 | Directions relating to a receiver |
Real Property Act 1900:
2004 No 608
Supreme Court Rules (Amendment No 394) 2004
| Amendments | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| • | section 74O | Further caveat |
Service and Execution of Process Act 1992 of the Commonwealth:
| • | section 17 (1) | Shortening of time for appearance |
| • | section 57 (1) | Leave to serve a subpoena outside the State etc |
| • | section 67 (1) | Order to produce |
| • | section 76 (1) | Leave to serve a subpoena outside the State etc |
| • | section 79 (1) | Order to produce |
| Testator’s Family Maintenance | Except sections 13 to |
| and Guardianship of Infants | Maintenance | 21 inclusive | ||
| Act 1916 | (guardianship) | |||
| Trustee Act 1925: | ||||
| • | section 63 | Judicial advice | ||
| • | section 70 | New trustees | ||
| • | section 71 | Vesting orders | ||
| • | section 75 (1) | Deceased mortgagee | ||
| • | section 81 | Advantageous dealings | ||
| • | Part 4 |
|
Trustee Companies Act 1964:
| 2004 No 608 | Supreme Court Rules (Amendment No 394) 2004 |
| Schedule 1 | Amendments |
| Column 1 | Column 2 | Column 3 |
| Act or regulation and provision | Description | Restriction |
| Wills, Probate and Administration Act 1898: | ||
| • | section 13 | Gift to interested witness |
| • | section 15A | Effect of termination of marriage |
| • | section 84 | Application for legacy, etc |
| • | section 146 | Caveat: application for grant to proceed |
Workers Compensation
Act 1987:
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0
0