Uniform Civil Procedure (Amendment No 72) Rule 2015 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 72)

Rule 2015

under the

Civil Procedure Act 2005

The Uniform Rules Committee has made the following rule of court under the Civil Procedure

Act 2005.

Steven Jupp

Secretary of the Uniform Rules Committee

Explanatory note

The object of this Rule is to allow a notice of proposed dismissal of proceedings in the Supreme Court or the Land and Environment Court to be served by email, instead of by post only, following 5 months in which no party has taken any step in the proceedings.

Uniform Civil Procedure (Amendment No 72) Rule 2015 [NSW]

Uniform Civil Procedure (Amendment No 72) Rule 2015

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 72) Rule 2015.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3 Amendment of Uniform Civil Procedure Rules 2005

(1) Rule 12.8 Additional grounds for dismissal of proceedings by Supreme Court or
Land and Environment Court

Omit rule 12.8 (5). Insert instead:

(5)

A notice under subrule (4) may be served on a person:

(a)	if the person has provided an email address to the court, by sending it to that email address, or
(b)	if the person has not provided an email address or the email has been returned undelivered, by sending it by post, addressed to the person:

(i)      at the person’s address for service, or

(ii)      if the person has no address for service, at the person’s last known address,

in an envelope marked with the court’s return address.

(2)	Rule 12.8 (6)
Omit “subrule (5)”. Insert instead “subrule (5) (b)”.