Uniform Civil Procedure (Amendment No 86) Rule 2018 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 86)

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:

(a)	to allow a person, pursuant to a right of subrogation or the terms of a contract of insurance, to make an affidavit or verify any matter by affidavit, on behalf of a party to proceedings, and
(b)	to require an affidavit in support of an application for a garnishee order to only identify debts that are, or are reasonably likely to be, owed by a garnishee to a judgment debtor, and include the grounds relied on in support of identifying those debts.

Uniform Civil Procedure (Amendment No 86) Rule 2018 [NSW]

Uniform Civil Procedure (Amendment No 86) Rule 2018

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 86) 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

(1) Rule 35.3 Persons who may make affidavit

Omit “brought in the plaintiff’s” from rule 35.3 (1) (e).

Insert instead “conducted in the party’s”.

(2)	Rule 35.3 (1) (e)
Insert “or the terms of a contract of insurance” after “subrogation”.
(3)	Rule 39.35 Affidavit in support of application for garnishee order
Omit “appear to be” from rule 39.35 (2) (a). Insert instead “are, or are reasonably likely to be,”.
(4)	Rule 39.35 (2) (a1)
Insert after rule 39.35 (2) (a):

(a1) must state the grounds relied on in support of identifying a debt
for the purposes of paragraph (a), and