Uniform Civil Procedure (Amendment No 88) Rule 2018 (NSW)

New South Wales

Uniform Civil Procedure (Amendment No 88)

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 make provision for an unincorporated organisation to appoint an entity to act as the proper defendant in proceedings for a civil claim arising from abuse against a child.

Uniform Civil Procedure (Amendment No 88) Rule 2018 [NSW]

Uniform Civil Procedure (Amendment No 88) Rule 2018

under the

Civil Procedure Act 2005

1      Name of Rule

This Rule is the Uniform Civil Procedure (Amendment No 88) Rule 2018.

2      Commencement

This Rule commences on the day on which Division 4 of Part 1B of the Civil Liability

Act 2002, as inserted by Schedule 1 [4] to the Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018, commences and is required to be

published on the NSW legislation website.

3 Amendment of Uniform Civil Procedure Rules 2005

Insert after rule 7.3A in Division 2 of Part 7:

7.4	Proper defendant in child abuse proceedings against unincorporated
organisation

An unincorporated organisation may not appoint an entity as a proper defendant for the organisation unless the entity’s consent to act as a proper defendant has been filed in the approved form.