Uniform Civil Procedure (Amendment No 81) Rule 2016 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 81)

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 facilitate the making of garnishee orders in relation to rent as a consequence of the amendment of the Civil Procedure Act 2005 by the Strata Schemes Management Act 2015.

Uniform Civil Procedure (Amendment No 81) Rule 2016 [NSW]

Uniform Civil Procedure (Amendment No 81) Rule 2016

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 81) Rule 2016.

2      Commencement

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

3      Amendment of Uniform Civil Procedure Rules 2005

Rule 39.43A

Insert after rule 39.43:

39.43A	Application of Division to application for garnishee order by owners corporation relating to unpaid contributions
(1) This Division applies to an application by an owners corporation for a garnishee order for rent in relation to unpaid contributions in the same way as it applies to an application for a garnishee order for wages or salary, subject to the following:

(a)	a reference to a wage or salary is taken to be a reference to rent,
(b)	an affidavit in support of the application under rule 39.35 must include a statement that the judgment debt relates to an unpaid contribution.

(2) In this rule, owners corporation and unpaid contribution have the same meanings as in Subdivision 2A of Division 3 of Part 8 of the Civil Procedure Act 2005.