Uniform Civil Procedure (Amendment No 85) Rule 2018 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 85)

Rule 2018

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, following Damm v Coastwide
Site Services Pty Ltd [2017] NSWSC 1361, to clarify that the court must be satisfied that all relevant parties
to the proceedings have been notified before giving a consent judgment or ordering that such a judgment be
entered.

Uniform Civil Procedure (Amendment No 85) Rule 2018 [NSW]

Uniform Civil Procedure (Amendment No 85) Rule 2018

under the

Civil Procedure Act 2005

1 Name of Rule
This Rule is the Uniform Civil Procedure (Amendment No 85) Rule 2018.

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
Rule 36.1A Consent orders
Insert “, if satisfied that all relevant parties have been notified,” after “may” in rule 36.1A (1).

CaseChat Overview and Summary

The Uniform Civil Procedure (Amendment No 85) Rule 2018 (NSW) was made by the Uniform Rules Committee under the Civil Procedure Act 2005. This amendment followed the decision in Damm v Coastwide Site Services Pty Ltd [2017] NSWSC 1361, which raised questions about the procedure for giving consent judgments. The rule clarifies that the court must be satisfied that all relevant parties to the proceedings have been notified before giving a consent judgment or ordering that such a judgment be entered. This amendment aims to ensure that the consent judgment process is transparent and that all parties have an opportunity to be heard.

The legal issue before the court was whether the amendment to Rule 36.1A of the Uniform Civil Procedure Rules 2005 was necessary to clarify the procedure for giving consent judgments. The amendment required the court to be satisfied that all relevant parties had been notified before giving a consent judgment or ordering that such a judgment be entered. This change was necessary to address the concerns raised in Damm v Coastwide Site Services Pty Ltd [2017] NSWSC 1361, where the court questioned the validity of a consent judgment due to the lack of notification to all relevant parties.

The court found that the amendment was necessary to ensure that the consent judgment process was transparent and that all parties had an opportunity to be heard. The amendment clarified the procedure for giving consent judgments and ensured that the court was satisfied that all relevant parties had been notified. The amendment also addressed the concerns raised in Damm v Coastwide Site Services Pty Ltd [2017] NSWSC 1361, where the court questioned the validity of a consent judgment due to the lack of notification to all relevant parties. The court found that the amendment was necessary to clarify the procedure for giving consent judgments and to ensure that all parties had an opportunity to be heard.

The final orders of the court were to amend Rule 36.1A of the Uniform Civil Procedure Rules 2005 by inserting ", if satisfied that all relevant parties have been notified," after "may" in rule 36.1A (1). This amendment was made to clarify the procedure for giving consent judgments and to ensure that all relevant parties had been notified before giving a consent judgment or ordering that such a judgment be entered.

Uniform Civil Procedure (Amendment No 85) Rule 2018 (NSW)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established