Uniform Civil Procedure (Amendment No 79) Rule 2016 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 79)

Rule 2016

under the

Civil Procedure Act 2005

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

Act 2005.

Rebel Kenna

Secretary of the Uniform Rules Committee

Explanatory note

The object of this Rule is to amend the Uniform Civil Procedure Rules 2005 to extend the circumstances in which a cost assessor’s certificate must be accompanied by an affidavit.

Uniform Civil Procedure (Amendment No 79) Rule 2016 [NSW]

Uniform Civil Procedure (Amendment No 79) Rule 2016

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 79) Rule 2016.

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 36.10 Filing of cost assessors’ certificates

Omit rule 36.10 (3). Insert instead:

(3)

The certificate or certificates must be accompanied by an affidavit, sworn not more than 14 days before the certificate or certificates are filed, stating:

(a)	if some of the costs specified in the certificate or certificates have been paid—the amount of the costs that have been paid, or
(b)	that none of the costs specified in the certificate or certificates have been paid.

(2)	Rule 36.10, note
Omit the note. Insert instead:

Note. The certificate or certificates will, from the date of filing, be taken to be a judgment of the court under the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014) for the amount of costs that have not been paid.