Uniform Civil Procedure Rules 2005 (NSW)

Case
No judgment structure available for this case.

Does not include amendments by—

Court Information Act 2010 No 24 (not commenced)

whole Rules: Am 2007 (579), Sch 2 [1] (“A Local Court” and “a Local Court” omitted wherever occurring, “The Local Court” and “the Local Court” inserted instead, respectively).

Part 1PreliminaryDivision 1General1.1Name of rules

These rules are the Uniform Civil Procedure Rules 2005.

1.2Definitions(1)

Words and expressions that are defined in the Dictionary at the end of these rules have the meanings set out in the Dictionary.

(2)

Notes included in these rules do not form part of these rules.

Note.

In the notes, DCR means the District Court Rules 1973, LCR means the Local Courts (Civil Claims) Rules 1988 and SCR means the Supreme Court Rules 1970.

1.3References to barristers and solicitors(1)

For the purposes of these rules—

  • (a)

    a reference in these rules to a barrister is a reference to a legal practitioner who practises as a barrister, and

  • (b)

    a reference in these rules to a solicitor is a reference to a legal practitioner who practises as a solicitor.

Note.

The rights of a person to practise as a barrister or to practise as a solicitor are regulated by the Legal Profession Uniform Law (NSW).

(2)

For the purposes of rule 33.9(9), a reference to a solicitor for a party includes a reference to—

  • (a)

    a solicitor acting as agent for the solicitor for a party, and

  • (b)

    any other solicitor belonging to or employed by the same firm or organisation as the solicitor for a party or the solicitor acting as agent for the solicitor for a party.

(3)

For the purposes of rule 33.9(10)—

  • (a)

    a reference to a solicitor who removes a document or thing from the office of the registrar includes a reference to a solicitor who directs a person referred to in paragraph (b) to remove a document or thing from the office of the registrar, and

  • (b)

    a reference to the personal custody of the solicitor includes a reference to the personal custody of—

    • (i)

      any other solicitor belonging to or employed by the same firm or organisation as that solicitor, or any other person employed by that firm or organisation, and

    • (ii)

      any other solicitor acting as agent for that solicitor, and

    • (iii)

      any other solicitor belonging to or employed by the same firm or organisation as a solicitor acting as agent for that solicitor, or any other person employed by that firm or organisation, and

    • (iv)

      if the registrar has approved a firm or organisation to provide photocopying services in respect of documents, any employee of a firm or organisation so approved.

rule 1.3: Am 2006 (288), Sch 1 [1]; 2006 (716), Sch 1 [1]–[4]; 2015 No 7, Sch 2.44 [1].

1.4Saving as to discovery

(cf SCR Part 1, rule 14)

These rules do not affect the right of any person to commence proceedings for discovery.

1.5Application of these rules(1)

Subject to subrule (2), these rules apply to each court referred to in Column 1 of Schedule 1 in relation to civil proceedings of a kind referred to in Column 2 of that Schedule.

(2)

In respect of each court referred to in Column 1 of Schedule 1, civil proceedings of a kind referred to in Column 2 of that Schedule are excluded from the operation of each provision of these rules referred to in Column 4 of that Schedule in respect of those proceedings.

(3)

The exclusion of civil proceedings from any such provision is subject to such conditions, limitations or exceptions as are specified in Column 4 of Schedule 1 in relation to that provision.

(4)

Without limiting the operation of subrule (2), if any Part, Division or other provision of these rules provides that it applies to proceedings or other matters in a specified court or courts, the Part, Division or other provision does not apply to proceedings or other matters in any other court.

rule 1.5: Am 2009 (570), Sch 1 [1]; 2012 (366), rule 3.

1.6Exclusion of provisions of Civil Procedure Act 2005

In respect of each court referred to in Column 1 of Schedule 1—

  • (a)

    civil proceedings of a kind referred to in Column 2 of that Schedule are excluded from the operation of the provisions of Parts 3–9 of the Civil Procedure Act 2005 referred to in Column 3 of that Schedule in respect of those proceedings, and

  • (b)

    the following proceedings, to the extent to which they are civil proceedings, are excluded from all of Parts 3–9 of the Civil Procedure Act 2005

    • (i)

      proceedings under the Mental Health (Criminal Procedure) Act 1990,

    • (ii)

      proceedings under the Habitual Criminals Act 1957,

    • (iii)

      proceedings under the Bail Act 1978,

    • (iv)

      proceedings under the Crimes (Domestic and Personal Violence) Act 2007,

    • (v)

      proceedings under Part 4 of the Victims Support and Rehabilitation Act 1996.

rule 1.6: Am 2009 (88), Sch 1 [1].

1.7Local rules that prevail over these rules

The rules of court specified in Schedule 2 prevail over these rules.

1.8Determination of questions arising under these rules

(cf SCR Part 23, rule 4(b) and (d))

The court may determine any question arising under these rules (including any question of privilege) and, for that purpose—

  • (a)

    may inspect any document in relation to which such a question arises, and

  • (b)

    if the document is not before the court, may order that the document be produced to the court for inspection.

1.9Objections to production of documents and answering of questions founded on privilege

(cf SCR Part 36, rule 13; DCR Part 28, rule 16)

(1)

This rule applies in the following circumstances—

  • (a)

    if the court orders a person, by subpoena or otherwise, to produce a document to the court or to an authorised officer,

  • (b)

    if a party requires another party, by notice under rule 34.1, to produce a document to the court or to an authorised officer,

  • (c)

    if a question is put to a person in the course of an examination before the court or an authorised officer.

(2)

In subrule (1), authorised officer means—

  • (a)

    any officer of the court, or

  • (b)

    any examiner, referee, arbitrator or other person who is authorised by law to receive evidence.

(3)

A person may object to producing a document on the ground that the document is a privileged document or to answering a question on the ground that the answer would disclose privileged information.

(4)

A person objecting under subrule (3) may not be compelled to produce the document, or to answer the question, unless and until the objection is overruled.

(4A)

If a document is produced, and a person objects to the production of the document on the ground that the document is a privileged document, access to the document must not be granted unless and until the objection is overruled.

(4B)

The production of a document to the court under a claim for privilege does not constitute a waiver of privilege.

(4C)

Subrules (4A) and (4B) extend to documents produced before the commencement of those subrules.

(5)

For the purpose of ruling on the objection—

  • (a)

    evidence in relation to the claim of privilege may be received from any person, by affidavit or otherwise, and

  • (b)

    cross-examination may be permitted on any affidavit used, and

  • (c)

    in the case of an objection to the production of a document, the person objecting may be compelled to produce the document.

(6)

This rule does not affect any law that authorises or requires a person to withhold a document, or to refuse to answer a question, on the ground that producing the document, or answering the question, would be injurious to the public interest.

rule 1.9: Subst 2005 (396), Sch 1 [1]. Am 2009 (88), Sch 1 [2]; 2019 (171), cl 3.

1.10

(Repealed)

rule 1.10: Rep 2010 (279), Sch 1 [1].

1.10APowers of associate Judges of the Supreme Court

(cf SCR Part 60, rule 1A)

(1)

Subject to subrule (2), an associate Judge of the Supreme Court may exercise any of the powers of the Court under the Civil Procedure Act 2005, or under rules of court, in relation to defamation proceedings.

(2)

An associate Judge may not exercise the power conferred by rule 29.15 or 29.16 in relation to any such proceedings.

Note.

Section 118 of the Supreme Court Act 1970 sets out the powers exercisable by an associate Judge. Those powers include powers conferred by rules of court. In addition to the power conferred by this rule, see rule 1A of Part 60 of the Supreme Court Rules 1970, together with Schedule D to those rules, for other powers of the Supreme Court that may be exercised by an associate Judge.

rule 1.10A: Ins 2005 (807), Sch 1 [1].

1.10BWhen Part 11A concerning service under Hague Convention has effect

The provisions of Part 11A have effect on and from the day on which the Hague Convention enters into force for Australia.

rule 1.10B: Ins 2009 (326), Sch 1 [1].

Division 2Time1.11Reckoning of time

(cf SCR Part 2, rule 2; DCR Part 3, rule 1; LCR Part 4, rule 1)

(1)

Any period of time fixed by these rules, or by any judgment or order of the court or by any document in any proceedings, is to be reckoned in accordance with this rule.

(2)

If a time of one day or longer is to be reckoned by reference to a given day or event, the given day or the day of the given event is not to be counted.

(3)

If, apart from this subrule, the period in question, being a period of 5 days or less, would include a day or part of a day on which the registry is closed, that day is to be excluded.

(4)

If the last day for doing a thing is, or a thing is to be done on, a day on which the registry is closed, the thing may be done on the next day on which the registry is open.

(5)

Section 36 of the Interpretation Act 1987 (which relates to the reckoning of time) does not apply to these rules.

1.12Extension and abridgment of time

(cf SCR Part 2, rule 3; DCR Part 3, rule 2; LCR Part 4, rule 2)

(1)

Subject to these rules, the court may, by order, extend or abridge any time fixed by these rules or by any judgment or order of the court.

(2)

The court may extend time under this rule, either before or after the time expires, and may do so after the time expires even if an application for extension is made after the time expires.

rule 1.12: Am 2007 (449), Sch 1 [1].

1.13Fixing times

(cf SCR Part 2, rule 4; DCR Part 3, rule 3; LCR Part 4, rule 3)

If no time is fixed by these rules, or by any judgment or order of the court, for the doing of any thing in or in connection with any proceedings, the court may, by order, fix the time within which the thing is to be done.

Division 3Fees and other amounts1.14Prescribed fees and other amounts

The fees and other amounts prescribed by these rules are set out in Schedule 3.

1.15Fees chargeable under the Oaths Act 1900

The fees chargeable under section 28 of the Oaths Act 1900 are set out in item 1 of Schedule 3.

Division 4Distribution of business between Divisions of Supreme Court

pt 1, div 4: Ins 2006 (391), Sch 1 [1].

1.16Assignment of business to Divisions

(cf SCR Part 12, rule 1(1))

Proceedings in the Supreme Court—

  • (a)

    under an Act or instrument referred to in Column 1 of Part 1 or 2 of Schedule 8, or

  • (b)

    under a provision referred to in Column 2 of that Part in respect of such an Act or instrument,

are assigned to the Division of the Court referred to in Column 3 of that Part in respect of that Act, instrument or provision.

rules 1.16–1.18): Ins 2006 (391), Sch 1 [1].

1.17Bulk transfers between Supreme Court Divisions

(cf SCR Part 14A, rule 7)

The Supreme Court may of its own motion, by a single order, direct that proceedings of a specified type be transferred between the Common Law Division and the Equity Division.

rules 1.16–1.18): Ins 2006 (391), Sch 1 [1].

1.18Assignment of business to Common Law Division

(cf SCR Part 12, rule 1(3))

The following proceedings in the Supreme Court are assigned to the Common Law Division—

  • (a)

    proceedings for a debt arising under any Act (including any Commonwealth Act) by which any tax, fee, duty or other impost is collected or administered by or on behalf of the State or the Commonwealth,

  • (b)

    proceedings on an appeal or application to the Court—

    • (i)

      in respect of a decision of a public body (other than a court or tribunal) or public officer (other than an officer of a court or tribunal), or

    • (ii)

      for the removal into the Court of any matter before a public body (other than a court or tribunal) or public officer (other than an officer of a court or tribunal),

  • (c)

    proceedings on an appeal or application to the Court in respect of—

    • (i)

      a decision of a public body constituted or established by or under a Commonwealth Act (other than a court exercising federal jurisdiction within the meaning of section 26 of the Acts Interpretation Act 1901 of the Commonwealth), or

    • (ii)

      a decision of a person holding or acting in a public office under a Commonwealth Act (other than an officer of a court referred to in subparagraph (i)),

  • (d)

    subject to section 53 of the Supreme Court Act 1970, proceedings that are not assigned to the Equity Division by these rules.

rules 1.16–1.18): Ins 2006 (391), Sch 1 [1].

1.19Assignment of business to Equity Division

(cf SCR Part 12, rule 5(b))

The following proceedings in the Supreme Court are assigned to the Equity Division—

  • (a)

    proceedings on an application for a writ of habeas corpus ad subjiciendum in respect of a minor,

  • (b)

    proceedings for orders for the custody of and access to minors,

  • (c)

    proceedings on an appeal to the Court in a Division in proceedings between spouses (including husband and wife) or parent and child,

  • (d)

    proceedings for orders under and provision by or under any Act that a debenture or bond issued by a corporation constituted by that Act, or a coupon annexed to that debenture or bond, has been lost or destroyed or defaced and directions by or under that Act for advertisement relating to that debenture, bond or coupon,

  • (e)

    proceedings for orders under any provision made by or under any Act for the appointment of a receiver of the income of a corporation which is constituted by that Act and which makes default in payment to the holder of any debenture, or coupon, issued or stock inscribed by that corporation,

  • (f)

    proceedings in relation to any provision in any Act or Commonwealth Act by which a tax, fee, duty or other impost is levied, collected or administered by or on behalf of the State or the Commonwealth (other than proceedings for debt that are assigned to the Common Law Division by rule 1.18(a)).

rule 1.19: Ins 2006 (391), Sch 1 [1]. Am 2018 No 28, Sch 1.40.

1.20Declarations of right and injunctions

(cf SCR Part 12, rule 3)

Proceedings need not be assigned to the Equity Division solely because a declaration of right or an injunction is claimed in the proceedings.

rules 1.20, 1.21: Ins 2006 (391), Sch 1 [1].

1.21Removal to Court of Appeal

(cf SCR Part 12, rule 2)

(1)

The Supreme Court in a Division may, in relation to proceedings commenced in the Division, make an order that the proceedings be removed into the Court of Appeal—

  • (a)

    if it makes an order under rule 28.2 for the decision of a question of law, or

  • (b)

    if, having stated the question to be decided or determined, it is satisfied that special circumstances exist that render it desirable to make an order for their removal into the Court of Appeal.

(2)

If an order is made under subrule (1)—

  • (a)

    the Court of Appeal may order that the whole or any part of the proceedings be remitted to a Division for the determination, by trial or otherwise, of the proceedings or of any question arising in the proceedings, or

  • (b)

    the proceedings may be continued and disposed of in the Court of Appeal.

(3)

Proceedings may be removed into the Court of Appeal under subrule (1) even if any decision or determination in the proceedings is expressed by any Act or law to be final or without appeal.

(4)

In this rule, question includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.

rules 1.20, 1.21: Ins 2006 (391), Sch 1 [1].

Division 5Notices under section 78B of Judiciary Act 1903 of Commonwealth

pt 1, div 5 (rules 1.22–1.25): Ins 2006 (716), Sch 1 [5].

1.22Notice of constitutional matter

(cf Federal Court Rules, Order 51, rule 1)

(1)

If proceedings pending in a court involve a matter arising under the Commonwealth Constitution or involving its interpretation within the meaning of section 78B of the Judiciary Act 1903 of the Commonwealth, the party whose case raises the matter must file a notice of a constitutional matter.

Note.

Section 78B of the Judiciary Act 1903 of the Commonwealth provides that if a cause is pending in a State court that involves a matter arising under the Commonwealth Constitution or involving its interpretation, the court is under a duty not to proceed in the cause unless or until it is satisfied that notice of the cause and the matter raised in the cause has been served on the Attorneys-General of the Commonwealth and the States.

The purpose of such a notice is to afford the Attorneys-General a reasonable time to consider whether or not they wish to intervene in the proceedings or to have the cause removed into the High Court for determination.

(2)

Notice of a constitutional matter must state—

  • (a)

    specifically the nature of the matter, and

  • (b)

    facts showing the matter is one to which subrule (1) applies.

pt 1, div 5 (rules 1.22–1.25): Ins 2006 (716), Sch 1 [5].

1.23Time for filing and service of notice of constitutional matter

(cf Federal Court Rules, Order 51, rule 2)

(1)

The party whose case raises the constitutional matter, or such other party as the court may direct, must file notice of a constitutional matter and serve a copy of the notice on all other parties and the Attorneys-General of the Commonwealth, the States, the Australian Capital Territory and the Northern Territory—

  • (a)

    if the matter arises before any directions hearing or case management conference in the proceedings, not later than 2 days before the date of that hearing or conference, or

  • (b)

    if no directions hearing or case management conference has been fixed or is imminent, as soon as practicable, or

  • (c)

    if the matter arises at a hearing, within such time as the court directs.

(2)

As soon as practicable after a party files and serves a notice in the circumstances referred to in subrule (1)(b), the party must apply to the court for directions.

pt 1, div 5 (rules 1.22–1.25): Ins 2006 (716), Sch 1 [5].

1.24Affidavit of service

(cf Federal Court Rules, Order 51, rule 3)

The party whose case raises a constitutional matter must file an affidavit of service of each notice required to be served under rule 1.23, and must do so promptly after the notice is served.

pt 1, div 5 (rules 1.22–1.25): Ins 2006 (716), Sch 1 [5].

1.25Documents for intervening Attorneys-General

(cf Federal Court Rules, Order 51, rule 4)

The party whose case raises a constitutional matter must provide copies of any other documents that have been filed in the proceedings and that are relevant to the matter to any intervening Attorney-General as soon as practicable after notice of the intervention is given to the party.

pt 1, div 5 (rules 1.22–1.25): Ins 2006 (716), Sch 1 [5].

Division 6Procedure in particular circumstances

pt 1, div 6 (rules 1.26, 1.27): Ins 2008 (338), Sch 1 [1].

1.26Procedure under particular Acts(1)

The provisions of Schedule 10 apply to proceedings under the Acts referred to in that Schedule.

(2)

A reference in any such provision to “the Act” is a reference to the Act referred to in the heading beneath which that provision appears.

pt 1, div 6 (rules 1.26, 1.27): Ins 2008 (338), Sch 1 [1].

1.27Procedure in particular District Court lists

The provisions of Schedule 11 apply to proceedings in the District Court that are assigned to the Coal Miners’ Workers Compensation List or the Special Statutory Compensation List.

pt 1, div 6 (rules 1.26, 1.27): Ins 2008 (338), Sch 1 [1].

Part 2Case management generally2.1Directions and orders

(cf SCR Part 26, rule 1)

The court may, at any time and from time to time, give such directions and make such orders for the conduct of any proceedings as appear convenient (whether or not inconsistent with these rules or any other rules of court) for the just, quick and cheap disposal of the proceedings.

Note.

See also the guiding principles in relation to the conduct of court proceedings (set out in Division 1 of Part 6 of the Civil Procedure Act 2005) and the general powers of the court to give directions (set out in Division 2 of that Part).

2.2Appointment for hearing

(cf SCR Part 26, rule 2)

The court may, at any time and from time to time, of its own motion, appoint a date for a hearing at which it may give or make the directions or orders referred to in rule 2.1.

2.3Case management by the court

(cf SCR Part 26, rule 3)

Without limiting the generality of rule 2.1, directions and orders may relate to any of the following—

  • (a)

    the filing of pleadings,

  • (b)

    the defining of issues, including requiring the parties, or their legal practitioners, to exchange memoranda in order to clarify questions,

  • (c)

    the provision of any essential particulars,

  • (d)

    the filing of “Scott Schedules” referred to in rule 15.2,

  • (e)

    the making of admissions,

  • (f)

    the filing of lists of documents, either generally or with respect to specific matters,

  • (g)

    the delivery or exchange of experts’ reports and the holding of conferences of experts,

  • (h)

    the provision of copies of documents, including their provision in electronic form,

  • (i)

    the administration and answering of interrogatories, either generally or with respect to specific matters,

  • (j)

    the service and filing of affidavits, witness statements or other documents to be relied on,

  • (k)

    the giving of evidence at any hearing, including whether evidence of witnesses in chief must be given orally, or by affidavit or witness statement, or both,

  • (l)

    the use of telephone or video conference facilities, video tapes, film projection, computer and other equipment and technology,

  • (m)

    the provision of evidence in support of an application for an adjournment or amendment,

  • (n)

    a timetable with respect to any matters to be dealt with, including a timetable for the conduct of any hearing,

  • (o)

    the filing of written submissions.

Part 3Electronic case management

pt 3, hdg: Subst 2014 (29), Sch 1 [1].

Division 1Preliminary

pt 3, div 1, hdg: Ins 2014 (29), Sch 1 [1].

3.1Definitions(1)

In this Part—

coversheet means a page that is generated by Online Registry that includes details about the case in which the document is being filed (including the case number).

Online Registry means the electronic case management of that name established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000.

registered user, in relation to Online Registry, means a person who is registered as a user of the Registry.

upload, in relation to a document, means to transfer an electronic version of the document from a computer or other device to Online Registry.

(2)

In this Part, a reference to filing a document in a court includes a reference to any other method of sending a document to the court.

rule 3.1: Am 2010 (594), rule 3 (1). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [1]–[3].

3.2Application of Part

This Part applies to those courts, and for the purposes, for which the use of an applicable ECM system is authorised by an order in force under clause 3 of Schedule 1 to the Electronic Transactions Act 2000.

rule 3.2: Am 2010 (594), rule 3 (2). Subst 2014 (29), Sch 1 [1].

Division 2Registration of users of Online Registry

pt 3, div 2, hdg: Ins 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

3.3Registration of users(1)

Any person may apply to be a registered user of Online Registry by completing and submitting the application form, and agreeing to comply with the terms and conditions, published on the Online Registry website.

(2)

A person applying to be a registered user of Online Registry must provide such information as may be required by the application form, including whether or not the applicant is a legal practitioner.

(3)

A registrar of the court may direct that the registration of a person be cancelled if, in the opinion of the registrar, the person should not have been registered as a user of Online Registry or has breached any of the online conditions.

rule 3.3: Am 2009 (166), Sch 1 [1]. Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [5] [6].

Division 3Filing documents using Online Registry

pt 3, div 3, hdg: Ins 2014 (29), Sch 1 [1]. Subst 2016 (255), Sch 1 [7].

3.4Electronic filing of documents(1)

This rule applies to any document that is permitted to be filed using Online Registry.

(2)

In any proceedings, a document permitted to be filed using Online Registry may be filed in the court on behalf of a party to the proceeding by a registered user of Online Registry who—

  • (a)

    is authorised under rule 4.4 to sign documents on the party’s behalf, or

  • (b)

    has been given permission to file the document on behalf of a person who is authorised under rule 4.4 to sign documents on the party’s behalf.

(3)

A document that is filed by means of Online Registry is taken to have been filed when Online Registry gives notice of acceptance of the document.

(4)

Notice of acceptance of a document, and of the date and time of the acceptance, is to be given, by means of Online Registry, to the registered user by whom the document was filed.

(5)

Despite a document being submitted to be filed by means of Online Registry, and notice of acceptance given by Online Registry, the document may subsequently be rejected by the court if the document fails to comply with any substantial requirements of the approved form or the rules in relation to such a document.

rule 3.4: Am 2005 (625), Sch 1 [1]; 2007 (580), Sch 1 [1]; 2010 (594), rule 3 (3). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4] [8] [9].

3.4A

(Repealed)

rule 3.4A: Ins 2005 (625), Sch 1 [2]. Am 2009 (166), Sch 1 [2]. Rep 2014 (29), Sch 1 [1].

3.5Uploading documents(1)

In this rule, document means a document submitted for filing in accordance with rule 3.4 and includes any attachment that forms part of or accompanies that document.

(2)

This rule applies to any document that may be, or is required to be, uploaded and submitted for filing by Online Registry.

(3)

A true and complete copy of the document must be uploaded in a format that is permitted by Online Registry.

(4)

Each document uploaded must be accurately described.

(5)

If the document is an affidavit, the description of the document must include the name of the deponent and the date that the affidavit was sworn or affirmed.

(6)

If a document that is required to be signed under rule 4.4 is uploaded, the document must be a scanned copy that includes a clear, legible copy of the signature of the person who signed the document.

(7)

If an affidavit or statement of evidence is uploaded, it must include—

  • (a)

    a clear, legible copy of the signature of the deponent of the affidavit or person making the statement, and

  • (b)

    if the document has been witnessed, a clear legible copy of the signature of the witness, and

  • (c)

    if the document is an affidavit executed in New South Wales, a duly completed certificate under the Oaths Act 1900.

(8)

A person who has filed a document by uploading it is taken to have agreed that, if the court so requires, he or she will file the original document in accordance with the court’s directions.

(9)

The original signed copy of a document filed under this rule must be kept until the later of the following—

  • (a)

    2 years from after the date that proceedings in which the document was filed are determined by judgment, order or discontinuance, or

  • (b)

    if the proceedings in which the document was filed is appealed, 2 years after the date that appeal is determined by judgment, order or discontinuance, or

  • (c)

    2 years after the date the document was filed.

rules 3.5, 3.6: Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

3.6Electronic issuing of a document(1)

The court may, by means of Online Registry, issue a document to any party to proceedings who is a registered user of Online Registry.

(2)

The date and time at which the document was issued must be set out in the document.

(3)

When issued by means of Online Registry, a document that is required to be signed by a person is taken to have been duly authenticated for the purposes of clause 5 of Schedule 1 to the Electronic Transactions Act 2000 if the person’s name is printed where his or her signature would otherwise appear.

rules 3.5, 3.6: Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

3.7Electronic service of a document

A party to any proceedings before the court may use electronic mail to serve a document on any other party to proceedings, whether by means of Online Registry or otherwise, but only with the consent of the other party.

rule 3.7: Am 2008 (338), Sch 1 [2]; 2010 (594), rule 3 (3). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

3.8Use of Online Registry in business conducted in absence of public(1)

Any business that, pursuant to section 71 of the Civil Procedure Act 2005, may be conducted in the absence of the public may be conducted by electronic communication sent and received by means of Online Registry, as provided by clause 9 of Schedule 1 to the Electronic Transactions Act 2000.

(2)

A legal practitioner who is a registered user of Online Registry in relation to proceedings may participate in any such business—

  • (a)

    directly (the legal practitioner sends communication in his or her own name), or

  • (b)

    indirectly (someone authorised by the legal practitioner sends a communication in the legal practitioner’s name).

(3)

A legal practitioner who authorises someone else to send a communication referred to in subrule (2)(b), is taken to have affirmed to the court that he or she has actual knowledge of the contents of the communication.

rule 3.8: Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

3.9Party filing document required to serve notice of listing

If, as a result of a document being filed using Online Registry, the registrar of the court lists proceedings, the party filing the document is required to serve any notice of listing issued by the registrar in relation to that listing on all other active parties.

rule 3.9: Am 2005 (625), Sch 1 [3]; 2010 (594), rule 3 (4). Subst 2014 (29), Sch 1 [1].

3.10Request for a certified copy of a judgment or order(1)

This rule applies to a request by a party or on behalf of a party for a sealed copy of a judgment or order, or a certified copy of the reasons for the judgment or order, submitted to the court using the Online Registry.

(2)

A request under this rule does not constitute a document being filed in the proceedings.

(3)

If the request is a valid request then a sealed copy of the judgment or order, or a certified copy of the reasons, will be issued.

rule 3.10: Ins 2014 (29), Sch 1 [1]. Am 2020 (604), Sch 1[1] [2]; 2021 (212), cl 3(1).

3.11Filing of affidavits using Online Registry’s XML filing(1)

This rule applies to an affidavit that is filed in court by means of the Online Registry’s XML filing facility.

(2)

The person filing the affidavit is taken—

  • (a)

    to have affirmed to the court that he or she has possession of the original affidavit, and

  • (b)

    to have undertaken to the court that, if the court so directs, he or she will file the original affidavit in accordance with the court’s directions.

(3)

The original signed copy of the affidavit filed under this rule must be kept until the later of the following—

  • (a)

    2 years from after the date that proceedings in which the document was filed are determined by judgment, order or discontinuance, or

  • (b)

    if the proceedings in which the document was filed is appealed, 2 years after the date that appeal is determined by judgment, order or discontinuance, or

  • (c)

    2 years after the date the document was filed.

rules 3.11: Ins 2014 (29), Sch 1 [1].

3.12Written record to be kept of direction to e-file document submitted using Online Registry’s XML filing or if scanned copy of document is not uploaded(1)

If a document is submitted for filing using—

  • (a)

    the Online Registry’s XML filing facility, or

  • (b)

    the Online Registry facility where Online Registry generates the document and a copy of the document is not uploaded by the user—

the person who has given permission for a document to be filed as referred to in rule 3.4(2)(b) must make a written record of the fact that he or she has given that permission.

(2)

The person who gave the permission is taken—

  • (a)

    to have affirmed to the court that he or she has given the permission, and

  • (b)

    to have undertaken to the court that, if the court so directs, he or she will produce to the court the written record referred to in subrule (1).

(3)

If any proceedings in which a document has been filed and the court requires production of the written record referred to in subrule (1), it may also stay proceedings until the record is produced.

(4)

A written permission for the purposes of rule 3.4(2)(b) is taken to be a written record for the purposes of this rule.

(5)

A written record must be kept until the later of the following—

  • (a)

    2 years from when the proceedings in which the document was filed are determined by a judgment, order or discontinuance, or

  • (b)

    if the proceedings in which the document was filed is appealed, 2 years from when that appeal is determined by a judgment, order or discontinuance, or

  • (c)

    2 years from the date on which the document was filed.

rule 3.12: Ins 2014 (29), Sch 1 [1].

3.13Filing of wills(1)

This rule applies to a will that is required to be filed in court together with an application for probate of the will or for administration of a person’s estate with the will annexed, if the application is filed by means of Online Registry.

(2)

A true and complete scanned copy of the will must be submitted with the application.

(3)

The original will (or if the application relates to a copy of the will, the copy of the will sought to be proved) must be filed at, or mailed to, the Sydney Registry of the Supreme Court within 7 days after the date on which the application is filed.

(4)

The will filed under subrule (3) must be accompanied by—

  • (a)

    for an application for the grant of probate or administration made using the New South Wales Online Registry website—a copy of the covering sheet generated from the website, or

  • (b)

    otherwise—a covering sheet that includes the case number assigned to the application.

(5)

The person filing the application is taken to have affirmed to the court that he or she has possession of the will when the application is filed and that the will will be filed at or sent to the court in accordance with subrule (4).

(6)

In this rule, will includes any codicil or other testamentary instrument.

rule 3.13: Ins 2014 (29), Sch 1 [1]. Am 2023 (322), cl 3.

3.14Request to issue subpoena(1)

This rule applies to a request on behalf of a party to issue a subpoena submitted to the court using the Online Registry.

(2)

A request to issue a subpoena using the online registry can only be made on behalf of a party who is represented by a solicitor.

(3)

A request to issue a subpoena is made by—

  • (a)

    providing the name of the person to whom the subpoena is addressed, and

  • (b)

    uploading a copy of the proposed subpoena in the approved form.

(4)

The registered user who submitted the request to issue a subpoena will receive confirmation that the request has been accepted when a coversheet is inserted as the first page of the uploaded subpoena in accordance with rule 3.15.

(5)

If the request to issue a subpoena is for a subpoena for production and to allocate an early return date, the coversheet will also include a notice of the date, time and place where the person is required to attend to produce documents sought under the subpoena if the documents are not produced to the registry beforehand.

(6)

The coversheet will be sealed.

(7)

The coversheet is taken to be part of the issued subpoena for the purposes of these rules.

rule 3.14: Ins 2014 (29), Sch 1 [1]. Am 2014 (501), rule 3 (1).

3.15Coversheet generated by Online Registry(1)

The coversheet will include a seal and a note of the date and time of filing.

(2)

If a document is submitted for filing under rule 3.5 and accepted by the Online Registry, the registered user who submitted the document will be sent a copy of the document submitted for filing with a coversheet inserted as the first page of the document.

(3)

If a coversheet has been inserted as the first page of the document in accordance with subrule (2), the coversheet is taken to be part of the document for the purposes of this Part.

(4)

If, as a result of the filing of a document, Online Registry has automatically listed the proceedings, then the coversheet will include a notice of the date, time and place that the proceedings have been listed.

(5)

If the document submitted for filing under rule 3.5 includes the other associated documents as attachments under that rule, then the document and the other associated documents will all be included under the one coversheet.

rule 3.15: Ins 2014 (29), Sch 1 [1].

Division 4

(Repealed)

pt 3, div 4, hdg: Ins 2014 (29), Sch 1 [1]. Rep 2016 (255), Sch 1 [10].

Part 4Preparation and filing of documentsDivision 1Preparation of documents generally4.1Application of Division

This Division applies to and in respect of any document that is prepared by or on behalf of a person (whether or not a party) for use in proceedings.

4.2Documents to be filed to contain certain information

(cf SCR Part 1, rule 10, Part 7, rule 2, Part 11, rule 4, Part 65, rule 1; DCR Part 5, rule 2; LCR Part 36, rule 7)

(1)

Originating process filed on behalf of a party in any proceedings must contain the following information—

  • (a)

    the name of the court in which the proceedings are to be commenced,

  • (b)

    if relevant, the division in which the proceedings are intended to be heard,

  • (b1)

    if relevant, the list in which the proceedings are intended to be entered,

  • (c)

    the venue at which the proceedings are intended to be heard,

  • (d)

    the title of the proceedings,

  • (e)

    the nature of the process (summons or statement of claim),

  • (e1)

    if the party has engaged a solicitor to act as the party’s legal representative, the name of the solicitor,

  • (f)

    if the process is filed by a person who is neither the party nor the party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the document,

  • (g)

    the party’s address and the party’s address for service,

  • (g1)

    if the party has engaged a solicitor to act as the party’s legal representative—

    • (i)

      the telephone number at which the party’s solicitor may be contacted, and

    • (ii)

      the email address of the party’s solicitor,

  • (g2)

    if the party has not engaged a solicitor to act as the party’s legal representative—

    • (i)

      the telephone number at which the party may be contacted, and

    • (ii)

      the email address of the party or, if the party has no email address, a statement that the party has no email address,

  • (h)

    the address, if known, of any defendant.

Note.

A solicitor named on the originating process pursuant to paragraph (e1) is thereby the solicitor on the record in relation to the party on whose behalf the process is filed.

(2)

A document filed on behalf of a person in relation to any proceedings (other than originating process) must contain the following information—

  • (a)

    the title of the proceedings, as appearing on the originating process for the proceedings,

  • (b)

    if relevant, the division in which the proceedings are intended to be heard,

  • (b1)

    if relevant, the list in which the proceedings are intended to be entered,

  • (c)

    the case number for the proceedings, as appearing on the originating process for the proceedings,

  • (d)

    the nature of the document,

  • (d1)

    if the person has engaged a solicitor to act as the person’s legal representative, the name of the solicitor,

  • (e)

    if the document is filed by a person who is neither a party nor a party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the document,

  • (f)

    if the person has engaged a solicitor to act as the person’s legal representative—

    • (i)

      the telephone number at which the person’s solicitor may be contacted, and

    • (ii)

      the email address of the person’s solicitor,

  • (g)

    if the person has not engaged a solicitor to act as the person’s legal representative—

    • (i)

      the telephone number at which the person may be contacted, and

    • (ii)

      the email address of the person or, if the person has no email address, a statement that the person has no email address.

Note 1.

In relation to paragraph (c), see rule 9.1(4) and (5) which require cross-claims to be numbered.

Note 2.

A solicitor named in the document pursuant to paragraph (d1) is thereby the solicitor on the record in relation to the party on whose behalf the document is filed.

(2AA)

An email address of the party’s solicitor or of the person’s solicitor (as the case may be) in subrules (1)(g1) and (2)(f) means—

  • (a)

    the email address of the solicitor on the record, or

  • (b)

    the email address of the contact solicitor, or

  • (c)

    an email address of the solicitor’s firm which is regularly monitored and from which any emails can be forwarded to the solicitor on the record or the contact solicitor.

Note.

The terms solicitor on the record and contact solicitor are defined in the Dictionary.

(2A)

A notice to be filed under Division 9 of Part 78 of the Supreme Court Rules 1970, or a caveat to be filed under Division 10 of that Part, must contain the following information—

  • (a)

    if the notice or caveat relates to proceedings already commenced—

    • (i)

      the title of the proceedings, as appearing on the originating process for the proceedings, and

    • (ii)

      if relevant, the division in which the proceedings are intended to be heard, and

    • (iii)

      if relevant, the list in which the proceedings are intended to be entered,

  • (b)

    the case number or unique identifier assigned to the notice or caveat under rule 64 or 73 of that Part, as the case may be,

  • (c)

    the nature of the document,

  • (d)

    if the person has engaged a solicitor to act as the person’s legal representative, the name of the solicitor,

  • (e)

    if the notice or caveat is filed by a person who is neither a party nor a party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the notice or caveat.

(3)

The originating process and any such document may also contain the DX address or fax number of the person, the person’s solicitor or the person’s solicitor’s agent.

(3A)

Court documentation within the meaning of clause 4 (Restrictions on commencing proceedings without reasonable prospects of success) of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 that is not required by that section to be certified must include a statement to the effect that it is not required to be so certified.

(3B)

Subrule (3A) does not apply to documents that are filed in the Land and Environment Court in relation to proceedings in Class 1, 2 or 3 of that Court’s jurisdiction.

(4)

In this rule, originating process does not include any process (such as a statement of cross-claim or cross-summons) by which a cross-claim is made.

rule 4.2: Am 2005 (395), Sch 1 [1]–[4]; 2005 (625), Sch 1 [4]; 2005 (717), Sch 1 [1] [2]; 2006 (391), Sch 1 [2] [3]; 2007 (579), Sch 1 [1] [2]; 2008 (338), Sch 1 [3]; 2008 (494), Sch 1 [1] [2]; 2009 (88), Sch 1 [3] [4]; 2012 (608), Sch 1 [1]; 2013 (374), Sch 1 [1]–[5]; 2014 (96), Sch 1 [1]–[5]; 2015 No 7, Sch 2.44 [2]; 2021 (585), cl 3(1) (2).

4.2AList of parties(1)

In any proceedings in which there are more than 2 plaintiffs, or more than 2 defendants, the plaintiff must file, together with the originating process, a list of parties.

(2)

In any proceedings in which there is a cross-claim brought by more than 2 cross-claimants, or to which there are more than 2 cross-defendants, or against a cross-defendant who is not already a party to the proceedings, the cross-claimant must file with the statement of cross-claim or cross-summons—

  • (a)

    if no list of parties has yet been filed in the proceedings, a list of parties, or

  • (b)

    if a list of parties has already been filed in the proceedings, an amended list of parties.

(3)

In any proceedings in which a list of parties has been filed, any party who files a document that effects a change of parties (including a change that involves the addition of a party who is not already a party to the proceedings) must file, together with the document, an amended list of parties.

rule 4.2A: Ins 2007 (579), Sch 1 [3]. Subst 2009 (88), Sch 1 [5].

4.3Paper and writing

(cf SCR Part 65, rule 2; DCR Part 47, rule 3; LCR Part 36, rule 4)

(1)

A document must be on standard A4 paper of durable quality, capable of receiving ink writing.

(2)

Subject to the rules—

  • (a)

    a document may be one-sided (that is, with writing on one side of each sheet) or two-sided (that is, with writing on both sides of each sheet), but not partly one-sided and partly two-sided, and

  • (b)

    the sheets of a document must be securely fastened—

    • (i)

      if the document is one-sided, at the top left hand corner, or

    • (ii)

      it the document is two-sided, along the left hand side,

    without obscuring the writing or the margin, and

  • (c)

    a left margin of at least 25 millimetres, and a top margin of 30 millimetres, must be kept clear on each sheet of a document that bears writing, and

  • (d)

    the pages of a document (that is, the sides of the sheets that bear writing) must be consecutively numbered.

(3)

The spacing between the lines of writing in a document must be at least 3 millimetres.

(3A)

The following information in a document must be set out in bold—

  • (a)

    the name of the first plaintiff and first defendant in the title of the proceedings,

  • (b)

    in the case of a cross-claim, the name of the first cross-claimant and first cross-defendant in the title to the proceedings,

  • (c)

    in the case of a notice of motion, the name of the person affected by the orders sought,

  • (d)

    in all cases, the name of the person specified in the filing details as the person for whom the document is filed.

Note.

Rule 4.2 requires the title of proceedings to be included in the originating process or other documents filed on or behalf of a person in proceedings.

(4)

A document must bear writing that is clear, sharp, legible and permanent, must not be a carbon copy and must not bear any blotting, erasure or alteration that causes material disfigurement.

(5)

This rule does not apply to a document to the extent to which the nature of the document renders compliance impracticable.

rule 4.3: Am 2005 (717), Sch 1 [3]; 2005 (808), Sch 1 [1]; 2007 (579), Sch 1 [4] [5].

4.4Signing documents

(cf SCR Part 65, rule 8, Part 66, rule 9; DCR Part 47, rule 5; LCR Part 36, rule 6)

(1)

If, in any proceedings, a document is required to be signed by a party—

  • (a)

    in the case of a party who is represented by a solicitor, the document may not be signed by the party but must instead be signed—

    • (i)

      by the party’s solicitor, or

    • (ii)

      by a solicitor acting as agent for the party’s solicitor, or

    • (iii)

      by some other solicitor belonging to or employed by the same firm or organisation as the party’s solicitor or party’s solicitor’s agent, and

  • (b)

    in the case of a party who is not represented by a solicitor, the document may be signed by the party and may also be signed by any other person who is authorised by these rules to commence proceedings on the party’s behalf.

(2)

Subrule (1) is subject to the requirements of rule 35.3.

(3)

Despite subrule (1), a document prepared on behalf of a party in proceedings in the Local Court may instead be signed—

  • (a)

    by a commercial agent with respect to debt collection (within the meaning of the Commercial Agents and Private Inquiry Agents Act 2004), in relation only to proceedings on an application for—

    • (i)

      an instalment order, or

    • (ii)

      an order for examination, or

    • (iii)

      a writ of execution, or

    • (iv)

      a garnishee order, or

  • (b)

    by a person holding a licence as a real estate agent, strata managing agent or on-site residential property manager within the meaning of the Property, Stock and Business Agents Act 2002 in relation only to—

    • (i)

      proceedings on an application referred to in paragraph (a), or

    • (ii)

      the filing of a certificate under section 51 of the Consumer, Trader and Tenancy Tribunal Act 2001.

(4)

Despite subrule (1), a document setting out proposed consent orders between the parties to the relevant proceedings may instead be signed on behalf of a party by the party’s barrister.

rule 4.4: Am 2005 (625), Sch 1 [5] [6]; 2006 (288), Sch 1 [2]; 2006 (716), Sch 1 [6]; 2012 (462), rule 3.

4.5Address for service

(cf SCR Part 9, rule 6; DCR Part 8, rule 8; LCR Part 7, rule 8)

(1)

Subject to subrule (2), a person’s address for service is to be the address of a place in New South Wales (other than a DX address)—

  • (a)

    at which documents in the proceedings may be left for the person during ordinary business hours, and

  • (b)

    to which documents in the proceedings may be posted for the person.

(2)

The address for service of a person who has a solicitor on the record is to be—

  • (a)

    the office of the solicitor on the record, or

  • (b)

    if the solicitor on the record has another solicitor acting as agent, the office of the agent.

(3)

Despite subrules (1) and (2)—

  • (a)

    the address for service of a defendant who is served with originating process outside New South Wales, but in Australia, may be any address in Australia, whether inside or outside New South Wales, and

  • (b)

    the address for service of a person who files a notice under section 19(1) of the Mutual Recognition Act 1992 of the Commonwealth (other than a person who is represented by a solicitor) may be any address in Australia, whether inside or outside New South Wales, and

  • (c)

    the address for service contained in an application to set aside a subpoena made under section 35 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth (other than a person who is represented by a solicitor) may be—

    • (i)

      any address in Australia, whether inside or outside New South Wales, or

    • (ii)

      any address in New Zealand, and

  • (d)

    the address for service of a person who has entered an appearance under the Service and Execution of Process Act 1992 of the Commonwealth is to be the address for service stated in relation to the appearance.

rule 4.5: Am 2009 (88), Sch 1 [6]; 2011 (632), Sch 1 [1].

4.6Changing address for service

(cf SCR Part 9, rule 6; DCR Part 8, rule 8; LCR Part 7, rule 8)

(1)

A person may change his or her address for service by filing a notice of the change showing his or her new address for service and serving the notice on all other active parties.

(2)

(Repealed)

rule 4.6: Am 2007 (579), Sch 1 [6].

4.7Numbers

(cf SCR Part 65, rule 4; DCR Part 47, rule 4; LCR Part 36, rule 5)

(1)

All dates, sums and other numbers in a document are to be expressed in figures, rather than words.

(2)

Despite subrule (1)—

  • (a)

    months may be expressed in words, rather than numbers, and

  • (b)

    if dates are expressed wholly in numbers, they must be expressed in the form DD/MM/YY or DD/MM/YYYY.

4.7ALand descriptions(1)

Unless the court otherwise orders, in any claim or judgment for the possession of land, and in any writ of execution in relation to land, the description of the land must include—

  • (a)

    a formal description of the land sufficient to identify the land in any document establishing title to the land, together with any appropriate reference to title, and

  • (b)

    the postal address (if any) of the land.

(2)

Without limitation, a formal description of land referred to in subrule (1)(a) may be given—

  • (a)

    in the case of land under the provisions of the Real Property Act 1900 that comprises the whole of the land referred to in one or more folios of the register under that Act, by reference to the relevant folio identifiers, or

  • (b)

    in the case of any land (including land referred to in paragraph (a)), by reference to—

    • (i)

      a registered plan (within the meaning of the Conveyancing Act 1919), or

    • (ii)

      a formal land survey plan (within the meaning of the Surveying Act 2002), or

    • (iii)

      a metes and bounds description prepared by a registered land surveyor (within the meaning of the Surveying Act 2002).

rule 4.7A: Ins 2006 (716), Sch 1 [7].

4.8Separate documents for separate process

Separate process (such as a defence and a statement of cross-claim or a cross-summons, or a reply and a defence to a statement of cross-claim) are to be dealt with in separate documents.

4.9Delegation by NSW Trustee and Guardian

(cf SCR Part 63, rule 16)

(1)

If, in connection with any proceedings involving a person under legal incapacity, a delegate under section 9 of the NSW Trustee and Guardian Act 2009 signs a document in the exercise of a function delegated under that section, the delegate must include in the document a statement—

  • (a)

    of the delegate’s name and position, and

  • (b)

    that the document is signed in exercise of a function delegated under that section, and

  • (c)

    if the delegate has not previously signed such a document in the proceedings, as to whether or not he or she has an interest in the proceedings adverse to that of the person under legal incapacity.

(2)

On request by the court, the registrar or any party to the proceedings, the delegate must furnish to the person making the request a photocopy of the delegation, certified by the delegate as being a true copy.

rule 4.9: Am 2009 (501), Sch 1 [1].

Division 2Filing of documents4.10Filing generally

(cf SCR Part 1, rule 9A)

(1)

A person may lodge a document for filing in relation to any proceedings—

  • (a)

    by delivering it to an officer of the court in the registry, or

  • (b)

    by sending it by post to the registry’s business address.

  • (c)

    (Repealed)

(2)

Any person may lodge a document with an officer of the court for the purpose of its being filed in relation to proceedings, or proposed proceedings, in the court.

(3)

Unless acceptance of the document is subsequently refused by the court or by an officer of the court, a document is taken to have been filed when it is lodged for filing.

(4)

The court may refuse to accept a document for filing whether or not an officer of the court has accepted the document for filing.

(5)

An officer of the court may refuse to accept a document for filing in the following circumstances—

  • (a)

    in the case of originating process—

    • (i)

      if the location specified in the document as the venue at which the proceedings are to be heard is a location at which the court does not sit, or

    • (ii)

      if the person on whose behalf the originating process is sought to be filed is the subject of an order of the Supreme Court declaring the person to be a vexatious litigant,

  • (b)

    in the case of a document for which a filing fee is payable, if the fee has not been paid or arrangements satisfactory to the officer of the court have not been made for its payment.

Note.

See also rule 3.4 in relation to the electronic filing of documents.

rule 4.10: Am 2016 (621), cl 3 (1) (2).

4.11Case number or other unique identifier to be assigned to originating process

(cf SCR Part 1, rule 10; DCR Part 5, rule 3; LCR Part 5, rule 3)

(1)

When originating process is accepted for filing, a case number or other unique identifier is to be assigned to the proceedings commenced by the process.

(2)

On accepting originating process for filing, an officer of the court must endorse on the process the case number or other unique identifier assigned to the proceedings commenced by the process.

(3)

In the case of originating process to commence proceedings for the grant of probate or administration, or the resealing of a foreign grant within the meaning of Part 78 of the Supreme Court Rules 1970, for an estate in respect of which—

  • (a)

    a notice has been filed under Division 9 of that Part, or

  • (b)

    a caveat has been filed under Division 10 of that Part,

the case number or other unique identifier assigned to the proceedings is to be the same as that previously assigned to the notice or caveat.

rule 4.11: Am 2012 (608), Sch 1 [2].

4.12Lodgment of additional copies of originating process for service

(cf SCR Part 7, rule 6; DCR Part 5, rule 3; LCR Part 5, rule 3)

(1)

When filing originating process, a person may lodge additional copies for sealing.

(2)

On receiving such copies, an officer of the court—

  • (a)

    must seal with the court’s seal a sufficient number of copies of the process for service on the other parties, and

  • (b)

    if the process was filed by post, must forward the sealed copies to the lodging party.

(3)

This rule does not apply in relation to originating process that is filed by means of an electronic case management system referred to in Part 3.

Note.

An original sealed copy of the originating process or a photocopy of a sealed copy may be served on a defendant: see rule 6.2.

rule 4.12: Am 2011 (482), Sch 1 [1]; 2016 (621), cl 3 (3).

4.13Place for filing(1)

Subject to Part 3, a document (other than originating process) that is filed in relation to any proceedings must be filed—

  • (a)

    subject to paragraphs (b) and (c), in the same registry as that in which the originating process was filed, or

  • (b)

    if the proceedings have been transferred to another court, in the registry for that other court, or

  • (c)

    if the court has ordered that documents are to be filed in some other registry, in that other registry.

(2)

In this rule, originating process does not include any process (such as a statement of cross-claim or cross-summons) by which a cross-claim is made.

rule 4.13: Am 2005 (395), Sch 1 [5]. Subst 2005 (625), Sch 1 [7].

4.14Filing of notices on behalf of multiple parties

(cf SCR Part 11, rule 3)

Two or more persons filing the same notice of appearance, notice of motion or other notice in the same proceedings, by the same solicitor and on the same day, may do so by a single notice.

4.15Court’s power to deal with scandalous matter in documents

(cf SCR Part 38, rule 8, Part 65, rule 5; DCR Part 30, rule 8, Part 47, rule 7; LCR Part 25, rule 8, Part 36, rule 8)

(1)

If any matter contained in a document on the court file is scandalous, frivolous, vexatious, irrelevant or oppressive, the court may order—

  • (a)

    that the matter to be struck out of the document, or

  • (b)

    that the document be placed in a sealed envelope on the court file, or

  • (c)

    that the document be taken off the court file.

(2)

A sealed envelope referred to in subrule (1)(b) may not be opened except by order of the court.

4.16Court to be advised as to subrogation to corporation

A person, when paying a filing fee, must advise the court if the proceedings to which the fee relates are being carried on by a corporation in the name of a natural person pursuant to a right of subrogation.

rule 4.16: Ins 2007 (164), Sch 1 [1].

Part 5Preliminary discovery and inspection5.1Definitions

(cf Federal Court Rules, Order 15A, rule 1)

In this Part—

applicant means an applicant for an order under this Part.

identity or whereabouts includes the name and (as applicable) the place of residence, registered office, place of business or other whereabouts, and the occupation and sex, of the person against whom the applicant desires to bring proceedings, and also whether that person is an individual or a corporation.

rule 5.1: Am 2005 (395), Sch 1 [6].

5.2Discovery to ascertain prospective defendant’s identity or whereabouts

(cf Federal Court Rules, Order 15A, rules 3, 5 and 9)

(1)

This rule applies if it appears to the court that—

  • (a)

    the applicant, having made reasonable inquiries, is unable to sufficiently ascertain the identity or whereabouts of a person (the person concerned) for the purpose of commencing proceedings against the person, and

  • (b)

    some person other than the applicant (the other person) may have information, or may have or have had possession of a document or thing, that tends to assist in ascertaining the identity or whereabouts of the person concerned.

(2)

The court may make either or both of the following orders against the other person—

  • (a)

    an order that the other person attend the court to be examined as to the identity or whereabouts of the person concerned,

  • (b)

    an order that the other person must give discovery to the applicant of all documents that are or have been in the other person’s possession and that relate to the identity or whereabouts of the person concerned.

(3)

A court that makes an order for examination under subrule (2)(a) may also make either or both of the following orders—

  • (a)

    an order that the other person must produce to the court on the examination any document or thing that is in the other person’s possession and that relates to the identity or whereabouts of the person concerned,

  • (b)

    an order that the examination be held before a registrar.

(4)

An order under this rule with respect to any information, document or thing held by a corporation may be addressed to any appropriate officer or former officer of the corporation.

(5)

A person need not comply with the requirements of an order under subrule (2)(a) unless conduct money has been handed or tendered to the person a reasonable time before the date on which attendance is required.

(6)

If the other person incurs expense or loss in complying with an order under subrule (2)(a), and the expense or loss exceeds the amount paid to the person under subrule (5), the court may order the applicant to pay to that person an amount sufficient to make good the expense or loss.

(7)

Unless the court orders otherwise, an application for an order under this rule—

  • (a)

    must be supported by an affidavit stating the facts on which the applicant relies and specifying the kinds of information, documents or things in respect of which the order is sought, and

  • (b)

    must, together with a copy of the supporting affidavit, be served personally on the other person.

(8)

An application for an order under this rule is to be made—

  • (a)

    if it is made in relation to proceedings in which the applicant is a party, by notice of motion in the proceedings, or

  • (b)

    in any other case, by summons.

(9)

This rule applies, with any necessary modification, where the applicant, being a party to proceedings, wishes to claim or cross-claim against a person who is not a party to the proceedings.

rule 5.2: Am 2005 (395), Sch 1 [7].

5.3Discovery of documents from prospective defendant

(cf Federal Court Rules, Order 15A, rules 6, 7 and 9)

(1)

If it appears to the court that—

  • (a)

    the applicant may be entitled to make a claim for relief from the court against a person (the prospective defendant) but, having made reasonable inquiries, is unable to obtain sufficient information to decide whether or not to commence proceedings against the prospective defendant, and

  • (b)

    the prospective defendant may have or have had possession of a document or thing that can assist in determining whether or not the applicant is entitled to make such a claim for relief, and

  • (c)

    inspection of such a document would assist the applicant to make the decision concerned,

the court may order that the prospective defendant must give discovery to the applicant of all documents that are or have been in the person’s possession and that relate to the question of whether or not the applicant is entitled to make a claim for relief.

(2)

An order under this rule with respect to any document held by a corporation may be addressed to any officer or former officer of the corporation.

(3)

Unless the court orders otherwise, an application for an order under this rule—

  • (a)

    must be supported by an affidavit stating the facts on which the applicant relies and specifying the kinds of documents in respect of which the order is sought, and

  • (b)

    must, together with a copy of the supporting affidavit, be served personally on the person to whom it is addressed.

(4)

This rule applies, with any necessary modification, where the applicant, being a party to proceedings, wishes to decide whether or not to claim or cross-claim against a person who is not a party to the proceedings.

rule 5.3: Am 2005 (395), Sch 1 [8].

5.4Discovery of documents from other persons

(cf Federal Court Rules, Order 15A, rule 8)

(1)

The court may order that a person who is not a party to proceedings, but in respect of whom it appears to the court that the person may have or have had possession of a document that relates to any question in the proceedings, must give discovery to the applicant of all documents that are or have been in the person’s possession and that relate to that question.

(2)

Unless the court orders otherwise, an application for an order under this rule—

  • (a)

    must be supported by an affidavit stating the facts on which the applicant relies and specifying the kinds of documents in respect of which the order is sought, and

  • (b)

    must, together with a copy of the supporting affidavit, be served personally on the person to whom it is addressed.

rule 5.4: Am 2005 (395), Sch 1 [9].

5.5Discovery and inspection generally

(cf Federal Court Rules, Order 15A, rule 10)

Division 1 of Part 21 applies to and in respect of the discovery and inspection of documents the subject of an order for discovery under this Part in the same way as it applies to the discovery and inspection of documents the subject of an order for discovery under that Division.

Note.

See also rule 23.8 with respect to inspection of property.

rule 5.5: Am 2005 (395), Sch 1 [10].

5.6Security for costs

(cf Federal Court Rules, Order 15A, rule 11)

An order under this Part may be made subject to a condition requiring the applicant to give security for the costs of the person against whom the order is made.

rule 5.6: Am 2005 (395), Sch 1 [11].

5.7Privilege

(cf Federal Court Rules, Order 15A, rule 2)

An order under this Part does not operate so as to require the person against whom it is made to produce any privileged document that the person could not be required to produce—

  • (a)

    if the applicant had commenced proceedings against that person, or

  • (b)

    if that person had otherwise become a party to proceedings to which the applicant is a party, or

  • (c)

    if the person had been served with a subpoena for production of the document in proceedings to which the applicant is a party.

rule 5.7: Am 2005 (395), Sch 1 [12].

5.8Costs and other expenses

(cf SCR Part 52A, rule 26; DCR Part 39A, rule 5; Federal Court Rules, Order 15A, rules 4 and 11)

(1)

On any application for an order under this Part, the court may make orders for the costs of the applicant, of the person against whom the order is made or sought and of any other party to the proceedings.

(2)

The costs in respect of which such an order may be made include—

  • (a)

    payment of conduct money, and

  • (b)

    payments made on account of any expense or loss in relation to the proceedings, and

  • (c)

    the costs of making and serving any list of documents, and

  • (d)

    the costs of producing any documents for inspection, and

  • (e)

    the costs of otherwise complying with the requirements of any order under Division 1 of Part 21, as applying to the discovery and inspection of documents the subject of an order for discovery under this Part.

rule 5.8: Am 2005 (395), Sch 1 [13].

Part 6Commencing proceedings and appearanceDivision 1General6.1No step without originating process or notice of appearance

(cf SCR Part 11, rule 2)

(1)

Except by leave of the court, a party may not take any step in proceedings (including any appearance in court) unless the party has filed a statement of claim or summons in the proceedings or has entered an appearance in the proceedings.

(2)

Subrule (1) does not apply to—

  • (a)

    a defendant who applies for an order under rule 12.11 (Setting aside originating process etc), or

  • (b)

    a plaintiff who applies for an order under rule 25.2 (Order in urgent case before commencement of proceedings), or

  • (c)

    a defendant who makes an application in relation to the setting aside or enforcement of any judgment.

(3)

In any proceedings, a person (not being a party and not having filed a notice of motion) may not take any step in the proceedings (including any appearance in court) unless he or she has filed a notice of address for service.

rule 6.1: Am 2005 (625), Sch 1 [8]; 2006 (96), Sch 1 [1]–[3].

6.1AProceedings that do not require a defendant

(cf SCR Part 58, rule 1, Part 70, rule 11, Part 73, rule 4 and Schedule J)

Unless the court otherwise orders, proceedings that may be commenced without joining any person as a defendant include the following—

  • (a)

    proceedings under the Adoption Act 2000,

  • (b)

    proceedings under section 33 of the Evidence on Commission Act 1995,

  • (c)

    proceedings under the Jury Act 1977,

  • (d)

    proceedings under section 17 of the Witness Protection Act 1995,

  • (e)

    proceedings under rule 55.9.

rule 6.1A: Ins 2007 (501), Sch 1 [1].

Division 2Originating process6.2How proceedings commenced

(cf SCR Part 4, rules 1 and 3, Part 7, rule 7; DCR Part 5, rules 5 and 6; LCR Part 5, rule 1)

(1)

Subject to these rules, the practice notes and any other rules of court, a person may commence proceedings in the court by filing a statement of claim or a summons.

(2)

Subject to these rules, the practice notes and any other Act or law, the plaintiff may choose whether to commence proceedings by statement of claim or by summons.

(3)

Originating process must be served on each defendant.

(3A)

An originating process served in accordance with subrule (3) must include the following—

  • (a)

    the seal of the court on the first page (whether an original sealed copy or a photocopy of a sealed copy),

  • (b)

    the case number or unique identifier,

  • (c)

    the listing date (if allocated by the court registry).

(4)

Subject to subrule (5), originating process is valid for service—

  • (a)

    in the case of proceedings in the Supreme Court, the Land and Environment Court, the Dust Diseases Tribunal or the Local Court, for 6 months after the date on which it is filed, or

  • (b)

    in the case of proceedings in the District Court—

    • (i)

      for 6 months after the date on which it is filed—

      • (A)

        if it is a statement of claim seeking relief in relation only to a debt or other liquidated claim, or

      • (B)

        if the defendant (or at least one of the defendants) is to be served outside New South Wales, or

    • (ii)

      for one month after the date on which it is filed, in any other case.

(5)

Failure to serve originating process within the time limited by these rules does not prevent the plaintiff from commencing fresh proceedings by filing another originating process.

rule 6.2: Am 2005 No 22, Sch 3 [2]; 2009 (473), rule 3; 2011 (482), Sch 1 [2]; 2014 (95), rule 3.

6.3Where statement of claim required

(cf SCR Part 4, rule 2)

Proceedings of the following kinds must be commenced by statement of claim—

  • (a)

    proceedings on a claim for relief in relation to a debt or other liquidated claim,

  • (b)

    proceedings on a claim for relief in relation to a tort,

  • (c)

    proceedings on a claim based on an allegation of fraud,

  • (d)

    proceedings on a claim for damages for breach of duty (however arising) and the damages claimed consist of or include—

    • (i)

      damages in respect of the death of any person, or

    • (ii)

      damages in respect of personal injuries to any person, or

    • (iii)

      damages in respect of damage to any property,

  • (e)

    proceedings on a claim for relief in relation to a trust, other than an express trust wholly in writing,

  • (f)

    proceedings on a claim for possession of land,

  • (g)

    proceedings on a claim for relief under the Property (Relationships) Act 1984,

  • (h)

    proceedings on a claim for relief in relation to the publication of defamatory matter.

  • (i)–(k)

    (Repealed)

rule 6.3: Am 2005 (807), Sch 1 [2]; 2016 (715), Sch 1 [1]; 2024 (480), Sch 1[1].

6.4Where summons required

(cf SCR Part 4, rules 2, 2A and 3)

(1)

Proceedings of the following kinds must be commenced by summons—

  • (a)

    proceedings in which there is no defendant,

  • (b)

    proceedings on an appeal or application for leave to appeal, other than proceedings assigned to the Court of Appeal,

  • (b1)

    proceedings before the Supreme Court in the exercise of its jurisdiction under section 69 of the Supreme Court Act 1970,

  • (c)

    proceedings for preliminary discovery or inspection under Part 5,

  • (d)

    proceedings on a stated case,

  • (e)

    proceedings on an application for approval under section 75 of the Civil Procedure Act 2005 of an agreement for the compromise or settlement of a claim,

  • (f)

    proceedings on an application for a transfer order under Part 9 of the Civil Procedure Act 2005,

  • (g)

    proceedings on an application for the removal or transfer of proceedings to the court under any Act, other than an application for a transfer order under Part 9 of the Civil Procedure Act 2005,

  • (h)

    proceedings (other than proceedings on a claim for damages) on any application made under any Act (other than the Civil Procedure Act 2005),

  • (h1)

    (Repealed)

  • (i)

    proceedings on an application to the court under any Act, other than—

    • (i)

      proceedings on an application under the Supreme Court Act 1970, the District Court Act 1973 or the Local Court Act 2007, and

    • (ii)

      proceedings on an application that may properly be made in existing proceedings,

  • (j)

    any other proceedings that, pursuant to these rules or any other rules of court, are required to be commenced by summons.

(2)

Proceedings of the following kinds may be commenced by summons, except where the application is made in proceedings that have been commenced in the court—

  • (a)

    proceedings on an application for a writ of habeas corpus ad subjiciendum,

  • (b)

    proceedings on an application for an order for the custody of a minor,

  • (c)

    proceedings on an application for an order for the appointment of a tutor of a person under legal incapacity,

  • (d)

    proceedings on an application for a declaration of right,

  • (e)

    proceedings on an application for an injunction,

  • (f)

    proceedings on an application for the appointment of a receiver,

  • (g)

    proceedings on an application for an order for the detention, custody or preservation of property,

  • (h)

    proceedings on a claim for relief for trespass to land.

Note.

If proceedings have already been commenced, the application should be made by motion: see rule 18.1.

(3)

Proceedings in the Supreme Court that the plaintiff intends to be entered in the Commercial List or the Technology and Construction List are to be commenced by summons.

(4)

Proceedings—

  • (a)

    in which the sole or principal question at issue is, or is likely to be, one of—

    • (i)

      the construction of an Act or a Commonwealth Act, or

    • (ii)

      the construction of an instrument made under an Act or a Commonwealth Act, or

    • (iii)

      the construction of a deed, will, contract or other document, or

    • (iv)

      some other question of law, or

  • (b)

    in which there is unlikely to be a substantial dispute of fact,

are amongst those which are appropriate to be commenced by summons unless the plaintiff considers the proceedings more appropriate to be commenced by statement of claim.

rule 6.4: Am 2005 (395), Sch 1 [14]–[18]; 2007 (579), Sch 2 [2]; 2008 (494), Sch 1 [3]; 2009 (501), Sch 1 [2]; 2016 (715), Sch 1 [2]; 2024 (480), Sch 1[2].

6.5Proceedings wrongly commenced by statement of claim

(cf SCR Part 4, rule 2B)

(1)

Proceedings that have been commenced by statement of claim when they should have been commenced by summons are nevertheless, and for all purposes, taken to have been duly commenced as from the date of the filing of the statement of claim, and may be continued accordingly.

(2)

Despite subrule (1), the court may order the proceedings to be continued, as if they had been commenced by summons and as if any pleadings filed in the proceedings had been filed as affidavits, and may also make such orders as it thinks fit for the future conduct of the proceedings.

6.6Proceedings wrongly commenced by summons

(cf SCR Part 5, rule 11)

(1)

Proceedings that have been commenced by summons when they should have been commenced by statement of claim are nevertheless, and for all purposes, taken to have been duly commenced as from the date of the filing of the summons.

(2)

Despite subrule (1), the court may order that the proceedings continue on pleadings.

(3)

On or after making such an order, the court—

  • (a)

    may order that any affidavits stand as pleadings, or

  • (b)

    may make orders for the filing of a statement of claim or other pleadings.

(4)

After a statement of claim is filed pursuant to an order referred to in subrule (3)(b), the proceedings are to continue, subject to any other order of the court, as if commenced by statement of claim.

6.7Determination

(cf SCR Part 5, rule 8)

The court may, on the first or any later day of hearing—

  • (a)

    hear and determine the proceedings or any claim in the proceedings, and

  • (b)

    make such order or give such judgment as the nature of the case requires.

6.8Originating process for recovery of land to be served on occupier

(cf SCR Part 7, rule 8)

(1)

If, when proceedings for possession of land are commenced, a person (the occupier) not joined as a defendant is in occupation of the whole or any part of the land, the plaintiff—

  • (a)

    must state in the originating process that the plaintiff does not seek to disturb the occupier’s occupation of the land, or

  • (b)

    must serve the originating process on the occupier together with a notice to the effect that—

    • (i)

      the occupier may apply to the court for an order that the occupier be added as a defendant, and

    • (ii)

      if the occupier does not so apply within 10 days after service, the occupier may be evicted under a judgment entered in the occupier’s absence.

(2)

For the purposes of subrule (1), documents may be served on the occupier personally or by leaving the documents on the land concerned addressed to the occupier by name or addressed simply “to the occupier”.

(3)

If originating process is amended by the addition of a claim for possession of land, the time at which proceedings for possession of that land are commenced is taken, for the purposes of subrule (1), to be the time at which the amendment is made.

(4)

This rule does not apply to the registration of a judgment for possession of land given by a court of the Commonwealth or another State or Territory.

rule 6.8: Am 2019 (162), Sch 1 [1].

6.8AOriginating process for proceedings to be entered in Possession List

The originating process in proceedings in the Common Law Division of the Supreme Court that are to be entered in The Possession List is to have a coversheet in the approved form.

rule 6.8A: Ins 2009 (569), Sch 1 [1].

Division 3Defendant to proceedings to enter appearance6.9How appearance entered

(cf SCR Part 11, rule 3)

(1)

A defendant may enter an appearance in proceedings by filing a notice of appearance.

(2)

A defendant who files a defence in proceedings is taken to have entered an appearance in the proceedings.

Note.

Appearance may be withdrawn: see rule 12.5.

6.10Time for appearance

(cf SCR Part 7, rule 5, Part 11, rule 6)

(1)

For the purposes of these rules, the time limited for a defendant to enter an appearance (whether by filing a notice of appearance in accordance with this Division or by filing a defence in accordance with Division 4) is—

  • (a)

    in the case of proceedings commenced by statement of claim—

    • (i)

      28 days after service on the defendant of the statement of claim or such other time as the court directs for the filing of a defence, or

    • (ii)

      if the defendant makes an unsuccessful application to have the statement of claim set aside, 7 days after the refusal of the application,

    whichever is the later, or

  • (b)

    in the case of proceedings commenced by summons—

    • (i)

      on or before the return day stated in the summons, or

    • (ii)

      if the defendant makes an unsuccessful application to have the summons set aside, 7 days after the refusal of the application,

    whichever is the later.

(2)

A reference in subrule (1)(b) to a summons extends, in relation to the Land and Environment Court, to an application that, in accordance with the rules of that Court, commences proceedings in Class 1, 2 or 3 of that Court’s jurisdiction.

rule 6.10: Am 2007 (580), Sch 1 [2].

6.11Defendant may submit to judgment by notice of appearance

(cf SCR Part 11, rule 4(3), (4) and (5))

(1)

A defendant who intends to take no active part in proceedings may include in the defendant’s notice of appearance a statement to the effect that the defendant submits to the making of all orders sought and the giving or entry of judgment in respect of all claims made, to which may be added the words “, save as to costs”.

(2)

Except by leave of the court, a defendant who has filed a notice of appearance containing a statement referred to in subrule (1) may not file a defence or affidavit or take any other step in the proceedings.

Note.

See rule 20.34 which allows the defendant in proceedings on a liquidated claim to file a statement acknowledging the whole of the amount of the claim.

Division 4Contents of statement of claim and summons6.12Relief claimed

(cf SCR Part 7, rule 1; DCR Part 5, rules 6 and 6A; LCR Part 5, rules 1 and 2)

(1)

A statement of claim or summons must specifically state the relief claimed by the plaintiff.

(2)

If the relief claimed requires the determination or direction of the court on any question, the statement of claim or summons must state the question.

(3)

Costs referred to in section 59(1)(d) of the Legal Profession Uniform Law Application Act 2014 (costs payable for the enforcement of a lump sum debt or liquidated sum for damages) must be specifically claimed.

(4)

Costs, other than those referred to in section 59(1)(d) of the Legal Profession Uniform Law Application Act 2014, need not be specifically claimed.

(5)

Exemplary damages and aggravated compensatory damages must be specifically claimed.

(6)

An order for interest up to judgment must be specifically claimed.

(7)

In the case of a liquidated claim, a claim for an order for interest up to judgment—

  • (a)

    must specify the period or periods for which interest is claimed, and

  • (b)

    may specify the rate or rates at which interest is claimed.

(622)

Uniform Civil Procedure (Amendment No 79) Rule 2016. LW 14.10.2016.

Date of commencement, on publication on LW, cl 2.

(715)

Uniform Civil Procedure (Amendment No 80) Rule 2016. LW 25.11.2016.

Date of commencement, 8.12.2016, cl 2.

(753)

Uniform Civil Procedure (Amendment No 81) Rule 2016. LW 9.12.2016.

Date of commencement, on publication on LW, cl 2.

(754)

Uniform Civil Procedure (Amendment No 82) Rule 2016. LW 9.12.2016.

Date of commencement, on publication on LW, cl 2.

(755)

Uniform Civil Procedure (Amendment No 83) Rule 2016. LW 9.12.2016.

Date of commencement, on publication on LW, cl 2.

2017

(130)

Uniform Civil Procedure (Amendment No 84) Rule 2017. LW 7.4.2017.

Date of commencement, on publication on LW, cl 2.

2018

(193)

Uniform Civil Procedure (Amendment No 85) Rule 2018. LW 11.5.2018.

Date of commencement, on publication on LW, cl 2.

(194)

Uniform Civil Procedure (Amendment No 86) Rule 2018. LW 11.5.2018.

Date of commencement, on publication on LW, cl 2.

No 28

Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018.

Date of commencement, assent, sec 2.

(706)

Uniform Civil Procedure (Amendment No 87) Rule 2018. LW 7.12.2018.

Date of commencement, on publication on LW, cl 2.

(707)

Uniform Civil Procedure (Amendment No 88) Rule 2018. LW 7.12.2018.

Date of commencement, 1.1.2019, cl 2 and 2018 (736) LW 14.12.2018.

2019

(162)

Uniform Civil Procedure (Amendment No 89) Rule 2019. LW 5.4.2019.

Date of commencement, on publication on LW, cl 2.

(163)

Uniform Civil Procedure (Amendment No 90) Rule 2019. LW 5.4.2019.

Date of commencement, on publication on LW, cl 2.

(171)

Uniform Civil Procedure (Amendment No 91) Rule 2019. LW 18.4.2019.

Date of commencement, on publication on LW, cl 2.

(534)

Uniform Civil Procedure (Amendment No 92) Rule 2019. LW 8.11.2019.

Date of commencement, on publication on LW, cl 2.

2020

(140)

Uniform Civil Procedure (Amendment No 93) Rule 2020. LW 9.4.2020.

Date of commencement, on publication on LW, cl 2.

(604)

Uniform Civil Procedure (Amendment No 94) Rule 2020. LW 9.10.2020.

Date of commencement, on publication on LW, cl 2.

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 2.40, 11.12.2020, sec 2(3).

(778)

Uniform Civil Procedure (Amendment No 95) Rule 2020. LW 22.12.2020.

Date of commencement, 1.7.2021, cl 2 and 2021 (303) LW 25.6.2021.

2021

No 6

Community Land Development Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021.

No 7

Community Land Management Act 2021. Assented to 26.3.2021.

Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021.

(212)

Uniform Civil Procedure (Amendment No 96) Rule 2021. LW 7.5.2021.

Date of commencement, on publication on LW, cl 2.

No 10

Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021.

Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021.

(279)

Uniform Civil Procedure (Amendment No 97) Rule 2021. LW 11.6.2021.

Date of commencement, on publication on LW, cl 2.

(585)

Uniform Civil Procedure (Amendment No 98) Rule 2021. LW 8.10.2021.

Date of commencement, on publication on LW, cl 2.

2022

(669)

Uniform Civil Procedure (Amendment No 99) Rule 2022. LW 11.11.2022.

Date of commencement, on publication on LW, cl 2.

2023

(322)

Uniform Civil Procedure (Amendment No 100) Rule 2023. LW 23.6.2023.

Date of commencement, 1.7.2023, cl 2.

2024

(199)

Uniform Civil Procedure (Amendment No 101) Rule 2024. LW 7.6.2024.

Date of commencement, 1.7.2024, cl 2.

(480)

Uniform Civil Procedure (Amendment No 102) Rule 2024. LW 13.9.2024.

Date of commencement, on publication on LW, cl 2.

(517)

Uniform Civil Procedure (Amendment No 103) Rule 2024. LW 4.10.2024.

Date of commencement, on publication on LW, cl 2.

2025

(27)

Uniform Civil Procedure (Amendment No 104) Rule 2025. LW 31.1.2025.

Date of commencement, 3.2.2025, cl 2.

(343)

Uniform Civil Procedure (Amendment No 105) Rule 2025. LW 11.7.2025.

Date of commencement, on publication on LW, cl 2.

(407)

Uniform Civil Procedure (Amendment No 106) Rule 2025. LW 8.8.2025.

Date of commencement, on publication on LW, cl 2.

Table of amendments

Rule 1.3

Am 2006 (288), Sch 1 [1]; 2006 (716), Sch 1 [1]–[4]; 2015 No 7, Sch 2.44 [1].

Rule 1.5

Am 2009 (570), Sch 1 [1]; 2012 (366), rule 3.

Rule 1.6

Am 2009 (88), Sch 1 [1].

Rule 1.9

Subst 2005 (396), Sch 1 [1]. Am 2009 (88), Sch 1 [2]; 2019 (171), cl 3.

Rule 1.10

Rep 2010 (279), Sch 1 [1].

Rule 1.10A

Ins 2005 (807), Sch 1 [1].

Rule 1.10B

Ins 2009 (326), Sch 1 [1].

Rule 1.12

Am 2007 (449), Sch 1 [1].

Part 1, Div 4

Ins 2006 (391), Sch 1 [1].

Rules 1.16–1.18)

Ins 2006 (391), Sch 1 [1].

Rule 1.19

Ins 2006 (391), Sch 1 [1]. Am 2018 No 28, Sch 1.40.

Rules 1.20, 1.21

Ins 2006 (391), Sch 1 [1].

Part 1, Div 5 (rules 1.22–1.25)

Ins 2006 (716), Sch 1 [5].

Part 1, Div 6 (rules 1.26, 1.27)

Ins 2008 (338), Sch 1 [1].

Part 3, heading

Subst 2014 (29), Sch 1 [1].

Part 3, Div 1, heading

Ins 2014 (29), Sch 1 [1].

Rule 3.1

Am 2010 (594), rule 3 (1). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [1]–[3].

Rule 3.2

Am 2010 (594), rule 3 (2). Subst 2014 (29), Sch 1 [1].

Part 3, Div 2, heading

Ins 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

Rule 3.3

Am 2009 (166), Sch 1 [1]. Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [5] [6].

Part 3, Div 3, heading

Ins 2014 (29), Sch 1 [1]. Subst 2016 (255), Sch 1 [7].

Rule 3.4

Am 2005 (625), Sch 1 [1]; 2007 (580), Sch 1 [1]; 2010 (594), rule 3 (3). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4] [8] [9].

Rule 3.4A

Ins 2005 (625), Sch 1 [2]. Am 2009 (166), Sch 1 [2]. Rep 2014 (29), Sch 1 [1].

Rules 3.5, 3.6

Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

Rule 3.7

Am 2008 (338), Sch 1 [2]; 2010 (594), rule 3 (3). Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

Rule 3.8

Subst 2014 (29), Sch 1 [1]. Am 2016 (255), Sch 1 [4].

Rule 3.9

Am 2005 (625), Sch 1 [3]; 2010 (594), rule 3 (4). Subst 2014 (29), Sch 1 [1].

Rule 3.10

Ins 2014 (29), Sch 1 [1]. Am 2020 (604), Sch 1[1] [2]; 2021 (212), cl 3(1).

Rules 3.11

Ins 2014 (29), Sch 1 [1].

Rule 3.12

Ins 2014 (29), Sch 1 [1].

Rule 3.13

Ins 2014 (29), Sch 1 [1]. Am 2023 (322), cl 3.

Rule 3.14

Ins 2014 (29), Sch 1 [1]. Am 2014 (501), rule 3 (1).

Rule 3.15

Ins 2014 (29), Sch 1 [1].

Part 3, Div 4, heading

Ins 2014 (29), Sch 1 [1]. Rep 2016 (255), Sch 1 [10].

Rule 4.2

Am 2005 (395), Sch 1 [1]–[4]; 2005 (625), Sch 1 [4]; 2005 (717), Sch 1 [1] [2]; 2006 (391), Sch 1 [2] [3]; 2007 (579), Sch 1 [1] [2]; 2008 (338), Sch 1 [3]; 2008 (494), Sch 1 [1] [2]; 2009 (88), Sch 1 [3] [4]; 2012 (608), Sch 1 [1]; 2013 (374), Sch 1 [1]–[5]; 2014 (96), Sch 1 [1]–[5]; 2015 No 7, Sch 2.44 [2]; 2021 (585), cl 3(1) (2).

Rule 4.2A

Ins 2007 (579), Sch 1 [3]. Subst 2009 (88), Sch 1 [5].

Rule 4.3

Am 2005 (717), Sch 1 [3]; 2005 (808), Sch 1 [1]; 2007 (579), Sch 1 [4] [5].

Rule 4.4

Am 2005 (625), Sch 1 [5] [6]; 2006 (288), Sch 1 [2]; 2006 (716), Sch 1 [6]; 2012 (462), rule 3.

Rule 4.5

Am 2009 (88), Sch 1 [6]; 2011 (632), Sch 1 [1].

Rule 4.6

Am 2007 (579), Sch 1 [6].

Rule 4.7A

Ins 2006 (716), Sch 1 [7].

Rule 4.9

Am 2009 (501), Sch 1 [1].

Rule 4.10

Am 2016 (621), cl 3 (1) (2).

Rule 4.11

Am 2012 (608), Sch 1 [2].

Rule 4.12

Am 2011 (482), Sch 1 [1]; 2016 (621), cl 3 (3).

Rule 4.13

Am 2005 (395), Sch 1 [5]. Subst 2005 (625), Sch 1 [7].

Rule 4.16

Ins 2007 (164), Sch 1 [1].

Rule 5.1

Am 2005 (395), Sch 1 [6].

Rule 5.2

Am 2005 (395), Sch 1 [7].

Rule 5.3

Am 2005 (395), Sch 1 [8].

Rule 5.4

Am 2005 (395), Sch 1 [9].

Rule 5.5

Am 2005 (395), Sch 1 [10].

Rule 5.6

Am 2005 (395), Sch 1 [11].

Rule 5.7

Am 2005 (395), Sch 1 [12].

Rule 5.8

Am 2005 (395), Sch 1 [13].

Rule 6.1

Am 2005 (625), Sch 1 [8]; 2006 (96), Sch 1 [1]–[3].

Rule 6.1A

Ins 2007 (501), Sch 1 [1].

Rule 6.2

Am 2005 No 22, Sch 3 [2]; 2009 (473), rule 3; 2011 (482), Sch 1 [2]; 2014 (95), rule 3.

Rule 6.3

Am 2005 (807), Sch 1 [2]; 2016 (715), Sch 1 [1]; 2024 (480), Sch 1[1].

Rule 6.4

Am 2005 (395), Sch 1 [14]–[18]; 2007 (579), Sch 2 [2]; 2008 (494), Sch 1 [3]; 2009 (501), Sch 1 [2]; 2016 (715), Sch 1 [2]; 2024 (480), Sch 1[2].

Rule 6.8

Am 2019 (162), Sch 1 [1].

Rule 6.8A

Ins 2009 (569), Sch 1 [1].

Rule 6.10

Am 2007 (580), Sch 1 [2].

Rule 6.12

Am 2006 (716), Sch 1 [8]; 2010 (172), Sch 1 [1]; 2010 (279), Sch 1 [2]; 2015 No 7, Sch 2.44 [3].

Rule 6.12A

Ins 2009 (501), Sch 1 [3]. Rep 2013 (108), Sch 1 [2].

Rule 6.17

Am 2006 (716), Sch 1 [9]; 2015 No 7, Sch 2.44 [4].

Rule 6.30

Am 2006 (96), Sch 1 [4].

Part 6, Div 8

Ins 2007 (164), Sch 1 [2].

Rules 6.33

Ins 2007 (164), Sch 1 [2]. Am 2008 (338), Sch 1 [4].

Rule 6.34

Ins 2007 (164), Sch 1 [2]. Subst 2008 (338), Sch 1 [5]. Am 2009 (88), Sch 1 [7].

Rule 6.35

Ins 2007 (164), Sch 1 [2]. Am 2008 (338), Sch 1 [6] [7].

Rules 6.36–6.38

Ins 2007 (164), Sch 1 [2].

Rule 6.39

Ins 2007 (164), Sch 1 [2]. Am 2008 (338), Sch 1 [8] [9].

Rules 6.40, 6.41

Ins 2007 (164), Sch 1 [2].

Part 6, Div 9 (rules 6.42–6.45)

Ins 2010 (280), Sch 1.

Rule 7.1

Am 2006 (288), Sch 1 [3]; 2009 (88), Sch 1 [8]; 2009 (501), Sch 1 [4]; 2009 (570), Sch 1 [2]; 2022 (669), cl 3(1).

Rule 7.3

Am 2025 (343), Sch 1.

Rule 7.3A

Ins 2013 (421), Sch 1 [1].

Rule 7.4

Am 2007 (539), Sch 1 [1]–[4]; 2007 (579), Sch 1 [7]; 2009 (569), Sch 1 [2]. Rep 2010 No 135, Sch 6.4. Ins 2018 (707), cl 3.

Rule 7.5

Am 2007 (449), Sch 1 [2]. Rep 2010 No 135, Sch 6.4.

Rule 7.11

Am 2007 (449), Sch 1 [3]; 2021 (212), cl 3(2).

Rule 7.15

Am 2009 (501), Sch 1 [5].

Rule 7.26

Am 2009 (88), Sch 1 [9] [10].

Rule 7.29

Am 2009 (166), Sch 1 [3].

Part 7, Div 8

Ins 2007 (579), Sch 4 [1].

Rule 7.32

Ins 2007 (579), Sch 4 [1]. Am 2007 (579), Sch 4 [2].

Part 7, Div 9

Ins 2008 (494), Sch 1 [4].

Rule 7.33

Ins 2008 (494), Sch 1 [4].

Rule 7.34

Ins 2008 (494), Sch 1 [4]. Am 2009 (326), Sch 1 [2]; 2014 (773), rule 3.

Rule 7.35

Ins 2008 (494), Sch 1 [4].

Rule 7.36

Ins 2008 (494), Sch 1 [4]. Am 2009 (166), Sch 1 [4] [5].

Rules 7.37, 7.38

Ins 2008 (494), Sch 1 [4].

Rule 7.39

Ins 2008 (494), Sch 1 [4]. Am 2009 (166), Sch 1 [6].

Rules 7.40–7.42

Ins 2008 (494), Sch 1 [4].

Part 8, note

Rep 2007 (579), Sch 2 [3].

Rule 9.1

Am 2007 (164), Sch 1 [3].

Rule 9.4

Am 2005 (625), Sch 1 [9].

Rule 9.5

Am 2005 (625), Sch 1 [10].

Rule 10.1

Am 2010 (527), rule 3; 2016 (255), Sch 1 [11].

Rule 10.5

Am 2005 (395), Sch 1 [19]; 2007 (579), Sch 1 [8]; 2010 (594), rule 3 (5).

Rule 10.6

Am 2009 (326), Sch 1 [3].

Rule 10.8

Am 2016 (621), cl 3 (4).

Rule 10.12

Am 2009 (501), Sch 1 [6].

Rule 10.14

Am 2015 (371), Sch 1 [1].

Rule 10.15

Am 2009 (501), Sch 1 [7]. Subst 2015 (371), Sch 1 [2].

Rule 10.20

Am 2005 No 22, Sch 3 [3]; 2005 (395), Sch 1 [20]–[24]; 2008 (63), Sch 1 [1]; 2009 (570), Sch 1 [3]; 2013 (422), rule 3.

Rule 10.24

Am 2007 (501), Sch 1 [2]; 2007 (579), Sch 2 [2].

Rule 10.25

Am 2009 (501), Sch 1 [8].

Rule 10.29

Ins 2009 (570), Sch 1 [4].

Part 10, Div 4 (rule 10.28)

Ins 2007 (579), Sch 4 [3].

Part 11, heading

Subst 2006 (391), Sch 1 [4].

Rule 11.1

Subst 2016 (755), Sch 1 [1].

Rule 11.2

Am 2009 (326), Sch 1 [4]. Subst 2016 (755), Sch 1 [1].

Part 11, Div 1A

Ins 2016 (755), Sch 1 [2].

Rule 11.3

Am 2009 (326), Sch 1 [5]. Rep 2016 (755), Sch 1 [1]. Ins 2016 (755), Sch 1 [2].

Rule 11.4

Am 2009 (326), Sch 1 [6]. Rep 2016 (755), Sch 1 [1]. Ins 2016 (755), Sch 1 [2].

Rules 11.5–11.7

Rep 2016 (755), Sch 1 [1]. Ins 2016 (755), Sch 1 [2].

Rule 11.8

Am 2009 (326), Sch 1 [7] [8]. Rep 2016 (755), Sch 1 [1]. Ins 2016 (755), Sch 1 [2].

Rules 11.8AA–11.8AC

Ins 2016 (755), Sch 1 [2].

Rule 11.8A

Ins 2009 (326), Sch 1 [9].

Rule 11.9

Am 2009 (501), Sch 1 [9].

Part 11, Div 3

Ins 2006 (391), Sch 1 [5].

Rule 11.13

Ins 2006 (391), Sch 1 [5]. Am 2007 (501), Sch 1 [2]; 2008 (494), Sch 1 [5]; 2009 (326), Sch 1 [10] [11].

Rule 11.14

Ins 2006 (391), Sch 1 [5]. Am 2007 (501), Sch 1 [2]; 2009 (326), Sch 1 [12].

Rules 11.15–11.17

Ins 2006 (391), Sch 1 [5]. Am 2007 (501), Sch 1 [2].

Part 11A, Divs 1–4 (rules 11A.1–11A.16)

Ins 2009 (326), Sch 1 [13].

Rule 12.1

Am 2005 (625), Sch 1 [11]; 2005 (717), Sch 1 [4] [5]; 2006 (716), Sch 1 [10].

Rule 12.2

Rep 2005 (717), Sch 1 [6].

Rule 12.7

Am 2005 (395), Sch 1 [25].

Rule 12.8

Am 2005 (395), Sch 1 [26] [27]. Subst 2005 (625), Sch 1 [12]. Am 2007 (580), Sch 1 [3] [4]; 2014 (502), Sch 1 [1]; 2015 (195), cl 3 (1) (2).

Rule 12.9

Am 2007 (327), Sch 1 [1].

Rule 13.6

Ins 2005 (395), Sch 1 [28].

Rule 14.13

Am 2013 (96), Sch 1 [1]–[3].

Rule 14.15

Am 2021 No 10, Sch 3.25.

Rule 14.23

Am 2006 (716), Sch 1 [11].

Rule 14.26

Am 2006 (716), Sch 1 [12].

Part 14, Div 6

Ins 2005 (807), Sch 1 [3].

Rule 14.30

Ins 2005 (807), Sch 1 [3]. Am 2020 (778), Sch 1[1].

Rules 14.31–14.36

Ins 2005 (807), Sch 1 [3].

Rule 14.36A

Ins 2020 (778), Sch 1[2].

Rule 14.37

Ins 2005 (807), Sch 1 [3]. Am 2020 (778), Sch 1[3].

Rule 14.37A

Ins 2020 (778), Sch 1[4].

Rule 14.38

Ins 2005 (807), Sch 1 [3]. Am 2006 (288), Sch 1 [4] [5].

Rule 14.38A

Ins 2024 (199), Sch 1[1].

Rule 14.39

Ins 2005 (807), Sch 1 [3].

Rule 14.40

Ins 2005 (807), Sch 1 [3]. Am 2020 (778), Sch 1[5].

Rule 15.12

Am 2006 (716), Sch 1 [13]; 2009 (569), Sch 1 [3].

Rule 15.13

Am 2006 (716), Sch 1 [14]; 2009 (569), Sch 1 [4].

Rule 15.15

Rep 2006 (716), Sch 1 [15].

Part 15, Div 4

Ins 2005 (807), Sch 1 [4].

Rule 15.19

Ins 2005 (807), Sch 1 [4]. Am 2020 (778), Sch 1[6]–[8].

Rules 15.20–15.26

Ins 2005 (807), Sch 1 [4].

Rule 15.26A

Ins 2020 (778), Sch 1[9].

Rule 15.27

Ins 2005 (807), Sch 1 [4]. Am 2020 (778), Sch 1[10].

Rule 15.27A

Ins 2020 (778), Sch 1[11].

Rule 15.28

Ins 2005 (807), Sch 1 [4].

Rule 15.28A

Ins 2024 (199), Sch 1[2].

Rule 15.29

Ins 2005 (807), Sch 1 [4].

Rule 15.30

Ins 2005 (807), Sch 1 [4]. Am 2020 (778), Sch 1[12].

Rules 15.31, 15.32

Ins 2005 (807), Sch 1 [4].

Rule 16.2

Am 2007 (327), Sch 1 [2].

Rule 16.3

Am 2005 (395), Sch 1 [29]; 2007 (327), Sch 1 [2].

Rule 16.4

Am 2006 (716), Sch 1 [16] [17]; 2007 No 27, Sch 2.58; 2007 (327), Sch 1 [2] [3]; 2007 (579), Sch 1 [9] [10]; 2009 (501), Sch 1 [10]; 2011 (189), Sch 1 [1] [2]; 2011 (483), Sch 1 [1]; 2015 No 7, Sch 2.44 [5].

Rule 16.5

Am 2006 (716), Sch 1 [16] [17]; 2007 No 27, Sch 2.58; 2007 (327), Sch 1 [2]; 2007 (579), Sch 1 [11] [12]; 2015 No 7, Sch 2.44 [5].

Rule 16.6

Am 2006 (716), Sch 1 [16] [17]; 2007 No 27, Sch 2.58; 2007 (327), Sch 1 [2]; 2007 (579), Sch 1 [13] [14]; 2015 No 7, Sch 2.44 [5].

Rule 16.7

Am 2006 (716), Sch 1 [16] [17]; 2007 No 27, Sch 2.58; 2007 (327), Sch 1 [2]; 2007 (579), Sch 1 [15] [16]; 2015 No 7, Sch 2.44 [5].

Rules 16.8, 16.9

Am 2007 (327), Sch 1 [2].

Rule 17.5

Am 2005 (808), Sch 1 [2]–[4].

Rule 18.3

Am 2005 (395), Sch 1 [30]; 2008 (338), Sch 1 [10].

Rule 18.8

Am 2020 No 30, Sch 2.40.

Rule 19.1

Am 2007 (164), Sch 1 [4].

Rule 19.5

Subst 2005 (808), Sch 1 [5]. Am 2007 (579), Sch 1 [17].

Rule 20.6

Am 2008 (494), Sch 1 [6].

Rule 20.7

Subst 2009 (88), Sch 1 [11].

Part 20, Div 3A

Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

Rule 20.24A

Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

Rule 20.24B

Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

Rule 20.24C

Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

Rule 20.24D

Ins 2016 (715), Sch 1 [3]. Rep 2024 (480), Sch 1[3].

Rule 20.25

Am 2013 (259), Sch 1 [1]–[3].

Rule 20.26

Am 2013 (259), Sch 1 [4].

Part 20, Div 5 (rule 20.33)

Rep 2007 (164), Sch 1 [5].

Rule 21.2

Am 2007 (164), Sch 1 [6].

Rule 21.3

Am 2005 (625), Sch 1 [13].

Rule 21.5

Am 2006 (288), Sch 1 [6].

Rule 21.13

Ins 2007 (327), Sch 1 [4].

Part 25, Div 1, heading

Ins 2006 (288), Sch 1 [7].

Rule 25.1

Am 2006 (288), Sch 1 [8]; 2008 (494), Sch 1 [7]; 2009 (570), Sch 1 [5].

Rule 25.2

Am 2006 (288), Sch 1 [9].

Part 25, Divs 2, 3 (rules 25.10–25.24)

Ins 2006 (288), Sch 1 [10].

Rule 26.6

Am 2010 (172), Sch 1 [2].

Rule 29.2

Subst 2005 (807), Sch 1 [5]. Am 2009 (166), Sch 1 [7]. Subst 2011 (179), Sch 1.

Rule 29.2A

Ins 2011 (179), Sch 1.

Rule 29.7

Subst 2005 (717), Sch 1 [7].

Rule 29.14

Am 2005 (395), Sch 1 [31].

Rules 29.15, 29.16

Ins 2005 (807), Sch 1 [6].

Rule 31.1

Am 2005 (395), Sch 1 [32] [33].

Rule 31.2

Am 2005 (717), Sch 1 [8].

Rule 31.3

Am 2011 (632), Sch 1 [2].

Rule 31.4

Am 2025 (27), Sch 1[1].

Rule 31.10

Am 2006 (391), Sch 1 [6] [7]; 2011 (590), rule 3 (1)–(3).

Rule 31.12

Am 2011 (482), Sch 1 [3].

Rule 31.16A

Ins 2008 (494), Sch 1 [8].

Part 31, Div 2

Subst 2006 (717), Sch 1 [1].

Part 31, Div 2, Subdiv 1, heading

Ins 2006 (717), Sch 1 [1].

Rules 31.17, 31.18

Subst 2006 (717), Sch 1 [1].

Rule 31.18A

Ins 2005 (395), Sch 1 [34]. Rep 2006 (717), Sch 1 [1].

Part 31, Div 2, Subdiv 2, heading

Ins 2006 (717), Sch 1 [1].

Rule 31.19

Am 2005 (395), Sch 1 [35]–[37]. Subst 2006 (717), Sch 1 [1]. Am 2007 (327), Sch 1 [5].

Rules 31.20–31.26

Subst 2006 (717), Sch 1 [1].

Part 31, Div 2, Subdiv 3, heading

Ins 2006 (717), Sch 1 [1].

Rule 31.27

Subst 2006 (717), Sch 1 [1]. Am 2025 (27), Sch 1[2].

Rules 31.28, 31.29

Ins 2006 (717), Sch 1 [1].

Rule 31.30

Ins 2006 (717), Sch 1 [1]. Am 2007 (579), Sch 2 [4].

Rules 31.31–31.35

Ins 2006 (717), Sch 1 [1].

Rule 31.36

Ins 2006 (717), Sch 1 [1]. Am 2007 (327), Sch 1 [6].

Part 31, Div 2, Subdivs 4, 5 (rules 31.37–31.54)

Ins 2006 (717), Sch 1 [1].

Part 31, Div 3

Rep 2006 (717), Sch 1 [1]. Ins 2019 (534), Sch 1[1].

Rules 31.55–31.64

Ins 2019 (534), Sch 1[1].

Part 32

Subst 2011 (632), Sch 1 [3].

Part 32, Div 1, heading

Ins 2011 (632), Sch 1 [3].

Rules 32.1, 32.2

Subst 2011 (632), Sch 1 [3].

Part 32, Div 2, heading

Ins 2011 (632), Sch 1 [3].

Rules 32.3, 32.4

Subst 2011 (632), Sch 1 [3].

Part 32, Div 3, heading

Ins 2011 (632), Sch 1 [3].

Rules 32.5–32.7

Subst 2011 (632), Sch 1 [3].

Part 32, Divs 4, 5 (rules 32.8–32.13)

Ins 2011 (632), Sch 1 [3].

Part 33, note

Ins 2006 (288), Sch 1 [11].

Rule 33.1

Am 2007 (501), Sch 1 [3]; 2007 (579), Sch 2 [5]; 2009 (570), Sch 1 [6] [7]; 2024 (517), Sch 1[1].

Rule 33.3

Am 2007 (164), Sch 1 [7].

Rule 33.5

Am 2005 (395), Sch 1 [38].

Rule 33.6

Am 2009 (569), Sch 1 [5]; 2010 (172), Sch 1 [3] [4]; 2011 (396), rule 3; 2024 (517), Sch 1[2].

Rule 33.9

Am 2006 (288), Sch 1 [12] [13].

Rule 33.10

Am 2007 (164), Sch 1 [8]; 2009 (569), Sch 1 [6]; 2011 (631), rule 3 (1) (2).

Rule 34.1

Am 2006 (716), Sch 1 [18] [19].

Rule 34.2

Am 2006 (716), Sch 1 [20].

Rule 34.3

Ins 2007 (327), Sch 1 [7].

Rule 35.3

Am 2005 (395), Sch 1 [39] [40]; 2006 (171), Sch 1 [1] [2]; 2006 (288), Sch 1 [14]; 2007 (501), Sch 1 [4]; 2018 (194), cl 3 (1) (2); 2022 (669), cl 3(2).

Rule 35.3A

Ins 2006 (716), Sch 1 [21].

Rule 35.3B

Ins 2025 (27), Sch 1[3]. Am 2025 (407), Sch 1.

Rule 35.6

Am 2014 (501), rule 3 (2).

Rules 35.7A, 35.7B

Ins 2005 (395), Sch 1 [41].

Rule 35.8

Am 2006 (288), Sch 1 [15].

Rule 36.1A

Ins 2007 (164), Sch 1 [9]. Am 2018 (193), cl 3.

Rule 36.7

Am 2005 (395), Sch 1 [42]; 2010 (172), Sch 1 [5].

Rule 36.8

Am 2019 (162), Sch 1 [2].

Rule 36.8A

Ins 2019 (162), Sch 1 [3].

Rule 36.10

Am 2010 (678), Sch 1; 2015 No 7, Sch 2.44 [6]; 2016 (622), cl 3 (1) (2).

Rule 36.11

Am 2005 (717), Sch 1 [9]; 2006 (391), Sch 1 [8]; 2008 (494), Sch 1 [9]; 2020 (140), cl 3(1).

Rule 36.12

Am 2006 (96), Sch 1 [5]; 2020 (604), Sch 1[3] [4].

Rule 36.16

Am 2007 (164), Sch 1 [10]; 2007 (327), Sch 1 [8] [9]; 2007 (449), Sch 1 [4] [5]; 2007 (501), Sch 1 [5]; 2009 (501), Sch 1 [11].

Rule 37.1

Ins 2008 (338), Sch 1 [12].

Rule 37.1A (previously rule 37.1)

Renumbered 2008 (338), Sch 1 [12].

Rule 37.2

Am 2007 (579), Sch 2 [6].

Rule 37.3

Am 2005 (395), Sch 1 [43].

Rule 37.4A

Ins 2008 (338), Sch 1 [11].

Rule 37.7

Am 2008 (338), Sch 1 [13].

Rule 38.2

Am 2005 (395), Sch 1 [44].

Rule 38.4

Am 2007 (579), Sch 2 [7].

Rule 38.5

Am 2006 (96), Sch 1 [6] [7].

Rule 38.6

Subst 2006 (96), Sch 1 [8].

Rule 39.3

Am 2006 (716), Sch 1 [22] [23]; 2007 No 27, Sch 2.58; 2007 (579), Sch 1 [18]; 2009 (501), Sch 1 [12]; 2011 (189), Sch 1 [3] [4]; 2011 (483), Sch 1 [2] [3]; 2015 No 7, Sch 2.44 [7] [8]; 2019 (162), Sch 1 [4].

Rule 39.3A

Ins 2009 (501), Sch 1 [13]. Am 2011 (189), Sch 1 [5] [6].

Rule 39.8

Am 2006 (288), Sch 1 [16]–[18].

Rule 39.20

Am 2006 (391), Sch 1 [9].

Rule 39.21

Am 2006 (716), Sch 1 [24]; 2008 (338), Sch 1 [14] [15].

Rule 39.22

Am 2009 (501), Sch 1 [14].

Rule 39.32

Subst 2005 (395), Sch 1 [45].

Rule 39.35

Am 2006 (716), Sch 1 [23]; 2015 No 7, Sch 2.44 [9]; 2018 (194), cl 3 (3) (4).

Rule 39.39A

Ins 2014 (339), rule 3. Subst 2018 (706), cl 3.

Rule 39.43A

Ins 2016 (753), cl 3.

Rule 39.44

Am 2005 (395), Sch 1 [46].

Rule 39.45

Am 2005 (395), Sch 1 [47]; 2006 (716), Sch 1 [25]; 2015 No 7, Sch 2.44 [10].

Rule 39.51

Ins 2005 (395), Sch 1 [48].

Rule 39.52

Ins 2007 (579), Sch 1 [19].

Part 40, Div 2, heading

Am 2007 (580), Sch 1 [5].

Rule 40.5

Am 2007 (580), Sch 1 [6].

Rule 40.7

Am 2007 (327), Sch 1 [10].

Rule 41.2

Subst 2006 (391), Sch 1 [10].

Rule 41.3

Am 2008 (494), Sch 1 [10].

Rule 41.6

Am 2009 (501), Sch 1 [15].

Rule 41.7

Am 2009 (501), Sch 1 [15]–[18].

Rule 41.8

Am 2009 (501), Sch 1 [15].

Rule 41.13

Am 2005 (625), Sch 1 [14].

Rule 41.14

Am 2005 (625), Sch 1 [15] [16].

Rule 42.3

Am 2007 (580), Sch 1 [7]. Rep 2010 (172), Sch 1 [6].

Rule 42.8

Subst 2006 (96), Sch 1 [9].

Rule 42.9

Subst 2006 (96), Sch 1 [10].

Rule 42.13

Subst 2013 (259), Sch 1 [5].

Rule 42.13A

Ins 2005 (717), Sch 1 [10]. Am 2006 (96), Sch 1 [11]. Subst 2013 (259), Sch 1 [5].

Rule 42.14

Am 2013 (259), Sch 1 [6].

Rule 42.15

Am 2013 (259), Sch 1 [7].

Rule 42.15A

Ins 2006 (716), Sch 1 [26]. Am 2013 (259), Sch 1 [8].

Rule 42.16

Am 2007 (327), Sch 1 [11].

Rule 42.19

Am 2005 (717), Sch 1 [11] [12]; 2008 (338), Sch 1 [16].

Rule 42.21

Am 2005 (395), Sch 1 [49] [50]; 2013 (421), Sch 1 [2]–[4].

Rule 42.30

Am 2011 (484), rule 3.

Rule 42.31

Am 2011 (188), rule 3.

Rule 42.32

Ins 2005 (395), Sch 1 [51].

Rule 42.33

Ins 2007 (327), Sch 1 [12].

Rule 42.34

Ins 2010 (528), Sch 1. Am 2016 (715), Sch 1 [4]; 2024 (480), Sch 1[4].

Rule 42.35

Ins 2010 (528), Sch 1. Am 2024 (480), Sch 1[5].

Rule 43.6

Am 2014 (501), rule 3 (3).

Part 44, Div 1 (rule 44.1)

Rep 2007 (579), Sch 2 [8].

Part 45, Div 1

Ins 2006 (391), Sch 1 [12].

Rule 45.1

Ins 2006 (391), Sch 1 [12]. Am 2006 (716), Sch 1 [27]; 2007 (501), Sch 1 [6]; 2012 (608), Sch 1 [3].

Rules 45.2, 45.3

Ins 2006 (391), Sch 1 [12].

Rule 45.4

Ins 2006 (391), Sch 1 [12]. Am 2007 (327), Sch 1 [13]; 2011 (189), Sch 1 [7] [8].

Rule 45.5

Ins 2006 (391), Sch 1 [12]. Am 2007 (327), Sch 1 [14].

Rules 45.6, 45.7

Ins 2006 (391), Sch 1 [12].

Rule 45.7A

Ins 2006 (716), Sch 1 [28]. Am 2007 (164), Sch 1 [11].

Rule 45.8

Ins 2006 (391), Sch 1 [12].

Part 45, Div 2

Ins 2006 (391), Sch 1 [12].

Rules 45.9, 45.10

Ins 2006 (391), Sch 1 [12]. Subst 2009 (569), Sch 1 [7].

Rule 45.11

Ins 2006 (391), Sch 1 [12]. Am 2009 (569), Sch 1 [8].

Rule 45.12

Ins 2006 (391), Sch 1 [12]. Am 2009 (569), Sch 1 [9].

Rule 45.13

Ins 2006 (391), Sch 1 [12]. Am 2007 (327), Sch 1 [15]; 2009 (569), Sch 1 [10].

Rule 45.13A

Ins 2009 (569), Sch 1 [11].

Rule 45.14

Ins 2006 (391), Sch 1 [12].

Part 46

Ins 2006 (391), Sch 1 [12].

Part 46, Div 1 (rules 46.1–46.9)

Ins 2006 (391), Sch 1 [12].

Part 46, Div 2

Ins 2006 (391), Sch 1 [12].

Rules 46.10–46.16

Ins 2006 (391), Sch 1 [12].

Rule 46.17

Ins 2006 (391), Sch 1 [12]. Am 2010 (172), Sch 1 [7]–[9].

Rule 46.18

Ins 2006 (391), Sch 1 [12]. Am 2008 (63), Sch 1 [2].

Part 46, Div 3 (rules 46.19–46.28)

Ins 2006 (391), Sch 1 [12].

Part 47, heading

Ins 2006 (391), Sch 1 [12]. Am 2010 (571), Sch 1 [1].

Part 47

Ins 2006 (391), Sch 1 [12].

Part 47, Div 1

Ins 2006 (391), Sch 1 [12]. Subst 2010 (571), Sch 1 [2].

Rules 47.1–47.8

Ins 2006 (391), Sch 1 [12]. Subst 2010 (571), Sch 1 [2].

Rule 47.9

Ins 2006 (391), Sch 1 [12]. Rep 2010 (571), Sch 1 [2].

Part 47, Div 2 (rules 47.10–47.20)

Ins 2006 (391), Sch 1 [12].

Part 48, Divs 1–5 (rules 48.1–48.24)

Ins 2006 (391), Sch 1 [12].

Part 49, heading (previously Part 45, heading)

Renumbered 2006 (391), Sch 1 [11]. Subst 2007 (580), Sch 1 [8].

Part 49 (previously Part 45)

Renumbered 2006 (391), Sch 1 [11].

Part 49, Div 1 (previously Part 45, Div 1)

Subst 2005 (395), Sch 1 [52]. Renumbered 2006 (391), Sch 1 [11].

Rule 49.1 (previously rule 45.1)

Subst 2005 (395), Sch 1 [52]. Renumbered 2006 (391), Sch 1 [11]. Am 2007 (580), Sch 1 [9].

Rules 49.2–49.4 (previously rules 45.2–45.4)

Subst 2005 (395), Sch 1 [52]. Renumbered 2006 (391), Sch 1 [11].

Part 49, Div 2 (previously Part 45, Div 2)

Renumbered 2006 (391), Sch 1 [11].

Rules 49.5, 49.6 (previously rules 45.5, 45.6)

Renumbered 2006 (391), Sch 1 [11].

Rule 49.7 (previously rule 45.7)

Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [11].

Part 49, Div 3, heading (previously Part 45, Div 3, heading)

Am 2005 (625), Sch 1 [17]. Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [13].

Rule 49.7A (previously rule 45.7A)

Ins 2005 (395), Sch 1 [53]. Renumbered 2006 (391), Sch 1 [11].

Rule 49.8 (previously rule 45.8)

Subst 2005 (395), Sch 1 [54]. Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [11] [14]–[16].

Rule 49.9 (previously rule 45.9)

Renumbered 2006 (391), Sch 1 [11].

Rule 49.10 (previously rule 45.10)

Subst 2005 (395), Sch 1 [55]. Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [17].

Rule 49.11 (previously rule 45.11)

Renumbered 2006 (391), Sch 1 [11]. Am 2007 (327), Sch 1 [16] [17].

Rule 49.12 (previously rule 45.12)

Renumbered 2006 (391), Sch 1 [11].

Rule 49.13 (previously rule 45.13)

Am 2005 (625), Sch 1 [18]. Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [18].

Part 49, Div 4 (previously Part 45, Div 4)

Renumbered 2006 (391), Sch 1 [11].

Rules 49.14–49.17 (previously rules 45.14–45.17)

Renumbered 2006 (391), Sch 1 [11].

Rule 49.18 (previously rule 45.18)

Am 2005 (395), Sch 1 [56]. Renumbered 2006 (391), Sch 1 [11].

Rule 49.19 (previously rule 45.19)

Renumbered 2006 (391), Sch 1 [11]. Subst 2007 (449), Sch 1 [6]; 2019 (163), Sch 1 [1].

Part 49, Div 5 (previously Part 45, Div 5)

Renumbered 2006 (391), Sch 1 [11].

Rule 49.20 (previously rule 45.20)

Am 2005 (395), Sch 1 [57]. Renumbered 2006 (391), Sch 1 [11]. Am 2007 (449), Sch 1 [7]–[9]; 2019 (163), Sch 1 [2].

Rules 49.21–49.24 (previously rules 45.21–45.24)

Renumbered 2006 (391), Sch 1 [11]. Rep 2007 (449), Sch 1 [10].

Part 50 (previously Part 46)

Renumbered 2006 (391), Sch 1 [11].

Part 50, Div 1 (previously Part 46, Div 1)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.1 (previously rule 46.1)

Am 2005 (808), Sch 1 [6] [7]. Renumbered 2006 (391), Sch 1 [11]. Am 2007 (579), Sch 1 [20].

Rule 50.2 (previously rule 46.2)

Renumbered 2006 (391), Sch 1 [11]. Am 2007 (580), Sch 1 [10].

Part 50, Div 2 (previously Part 46, Div 2)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.3 (previously rule 46.3)

Am 2005 (808), Sch 1 [8]–[10]. Renumbered 2006 (391), Sch 1 [11].

Rule 50.4 (previously rule 46.4)

Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [19] [20]; 2006 (716), Sch 1 [29]. Subst 2007 (327), Sch 1 [18]. Am 2007 (579), Sch 1 [21] [22].

Rule 50.5 (previously rule 46.5)

Renumbered 2006 (391), Sch 1 [11]. Am 2007 (579), Sch 1 [23].

Rules 50.6, 50.7 (previously rules 46.6, 46.7)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.8 (previously rule 46.8)

Renumbered 2006 (391), Sch 1 [11]. Am 2013 (421), Sch 1 [5] [6].

Rule 50.9 (previously rule 46.9)

Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [21] [22].

Part 50, Div 3 (previously Part 46, Div 3)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.10 (previously rule 46.10)

Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [23] [24].

Rule 50.11 (previously rule 46.11)

Renumbered 2006 (391), Sch 1 [11]. Am 2006 (391), Sch 1 [25] [26].

Part 50, Div 4 (previously Part 46, Div 4)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.12 (previously rule 46.12)

Am 2005 (808), Sch 1 [11]. Renumbered 2006 (391), Sch 1 [11]. Am 2006 (716), Sch 1 [30]; 2007 (327), Sch 1 [19]; 2007 (579), Sch 1 [24] [25]; 2008 (338), Sch 1 [17] [18].

Rule 50.13 (previously rule 46.13)

Renumbered 2006 (391), Sch 1 [11]. Am 2007 (327), Sch 1 [20]; 2007 (579), Sch 1 [26].

Part 50, Div 5 (previously Part 46, Div 5)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.14 (previously rule 46.14)

Renumbered 2006 (391), Sch 1 [11]. Am 2020 (604), Sch 1[5].

Rules 50.15, 50.16 (previously rules 46.15, 46.16)

Renumbered 2006 (391), Sch 1 [11].

Rule 50.16A

Ins 2015 (194), cl 3.

Part 50, Divs 6, 7

Ins 2008 (338), Sch 1 [19].

Rule 50.17

Ins 2008 (338), Sch 1 [19].

Rule 50.18

Ins 2008 (338), Sch 1 [19]. Am 2021 (279), cl 3.

Rules 50.19–50.25

Ins 2008 (338), Sch 1 [19].

Part 51

Ins 2007 (448), Sch 1 [1].

Part 51, Div 1

Ins 2007 (448), Sch 1 [1].

Rule 51.1

Ins 2007 (448), Sch 1 [1].

Rule 51.2

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [1].

Rule 51.3

Ins 2007 (448), Sch 1 [1].

Part 51, Div 2 (rules 51.4, 51.5)

Ins 2007 (448), Sch 1 [1].

Part 51, Div 3

Ins 2007 (448), Sch 1 [1].

Rule 51.6

Ins 2007 (448), Sch 1 [1].

Rule 51.7

Ins 2007 (448), Sch 1 [1]. Am 2007 (579), Sch 3 [1].

Rules 51.8, 51.9

Ins 2007 (448), Sch 1 [1].

Rule 51.9A

Ins 2008 (63), Sch 1 [3].

Part 51, Div 4

Ins 2007 (448), Sch 1 [1].

Part 51, Div 4, Subdiv 1

Ins 2007 (448), Sch 1 [1].

Rule 51.10

Ins 2007 (448), Sch 1 [1]. Am 2007 (579), Sch 3 [2].

Rule 51.11

Ins 2007 (448), Sch 1 [1].

Part 51, Div 4, Subdiv 2

Ins 2007 (448), Sch 1 [1].

Rule 51.12

Ins 2007 (448), Sch 1 [1]. Am 2025 (27), Sch 1[4].

Rule 51.13

Ins 2007 (448), Sch 1 [1]. Am 2007 (579), Sch 3 [3]; 2015 (443), Sch 1 [2]; 2025 (27), Sch 1[5] [6].

Part 51, Div 4, Subdiv 3 (rules 51.14, 51.15)

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5, Subdiv 1

Ins 2007 (448), Sch 1 [1].

Rule 51.16

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [3].

Rule 51.17

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5, Subdiv 2

Ins 2007 (448), Sch 1 [1].

Rule 51.18

Ins 2007 (448), Sch 1 [1]. Am 2008 (63), Sch 1 [4].

Rule 51.19

Ins 2007 (448), Sch 1 [1]. Am 2010 (172), Sch 1 [10].

Rules 51.20, 51.21

Ins 2007 (448), Sch 1 [1].

Rule 51.22

Ins 2007 (448), Sch 1 [1]. Subst 2015 (443), Sch 1 [4].

Rule 51.23

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5, Subdiv 3

Ins 2007 (448), Sch 1 [1].

Rule 51.24

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [5]–[12]

Rule 51.25

Ins 2007 (448), Sch 1 [1]. Am 2008 (63), Sch 1 [5] [6]; 2015 (443), Sch 1 [13].

Rule 51.26

Ins 2007 (448), Sch 1 [1].

Rule 51.27

Ins 2007 (448), Sch 1 [1]. Am 2008 (63), Sch 1 [7]; 2015 (443), Sch 1 [14]; 2020 (604), Sch 1[6].

Rule 51.28

Ins 2007 (448), Sch 1 [1]. Am 2008 (63), Sch 1 [8].

Rule 51.29

Ins 2007 (448), Sch 1 [1]. Am 2008 (63), Sch 1 [9]; 2015 (443), Sch 1 [15].

Rule 51.30

Ins 2007 (448), Sch 1 [1]. Am 2008 (63), Sch 1 [10]; 2015 (443), Sch 1 [16].

Rules 51.31–51.33

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5, Subdiv 4

Ins 2007 (448), Sch 1 [1].

Rule 51.34

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [17].

Rule 51.35

Ins 2007 (448), Sch 1 [1].

Rule 51.36

Ins 2007 (448), Sch 1 [1]. Am 2010 (172), Sch 1 [11]; 2015 (443), Sch 1 [18] [19]; 2025 (27), Sch 1[7].

Rule 51.37

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [20] [21].

Rule 51.38

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5, Subdiv 5 (rule 51.39)

Ins 2007 (448), Sch 1 [1].

Part 51, Div 5, Subdiv 5A (rule 51.39A)

Ins 2012 (365), Sch 1 [1].

Part 51, Div 5, Subdiv 6

Ins 2007 (448), Sch 1 [1].

Rule 51.40

Ins 2007 (448), Sch 1 [1]. Am 2007 (579), Sch 3 [4].

Rule 51.41

Ins 2007 (448), Sch 1 [1].

Part 51, Div 6)

Ins 2007 (448), Sch 1 [1].

Rule 51.42

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [22].

Rule 51.43

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [23].

Rule 51.44

Ins 2007 (448), Sch 1 [1].

Part 51, Div 7

Ins 2007 (448), Sch 1 [1].

Rule 51.45

Ins 2007 (448), Sch 1 [1]. Subst 2012 (365), Sch 1 [2]. Am 2013 (108), Sch 1 [3] [4]; 2015 (443), Sch 1 [24]–[28]; 2025 (27), Sch 1[8].

Part 51, Div 8

Ins 2007 (448), Sch 1 [1].

Part 51, Div 8, Subdiv 1

Ins 2007 (448), Sch 1 [1].

Rules 51.46–51.49

Ins 2007 (448), Sch 1 [1].

Part 51, Div 8, Subdiv 2

Ins 2007 (448), Sch 1 [1].

Rule 51.50

Ins 2007 (448), Sch 1 [1]. Am 2013 (421), Sch 1 [7] [8].

Rules 51.51–51.55

Ins 2007 (448), Sch 1 [1].

Part 51, Div 8, Subdiv 3

Ins 2007 (448), Sch 1 [1].

Rule 51.56

Ins 2007 (448), Sch 1 [1]. Am 2008 (338), Sch 1 [20] [21].

Part 51, Div 8, Subdiv 4

Ins 2007 (448), Sch 1 [1].

Rule 51.57

Ins 2007 (448), Sch 1 [1].

Rule 51.58

Ins 2007 (448), Sch 1 [1]. Am 2015 (443), Sch 1 [29].

Rule 51.59

Ins 2007 (448), Sch 1 [1].

Rule 51.60

Ins 2007 (579), Sch 3 [5].

Rule 51.61

Ins 2007 (579), Sch 3 [5]. Am 2015 (443), Sch 1 [30].

Part 52

Ins 2007 (501), Sch 1 [7].

Rules 52.1–52.4

Ins 2007 (501), Sch 1 [7].

Rule 52.5

Ins 2007 (501), Sch 1 [7]. Am 2009 (88), Sch 1 [12] [13].

Rule 52.6

Ins 2007 (501), Sch 1 [7].

Part 53 (rules 53.1–53.8)

Ins 2007 (501), Sch 1 [7].

Part 54 (rules 54.1–54.8)

Ins 2007 (501), Sch 1 [7].

Part 55

Ins 2007 (501), Sch 1 [7].

Part 55, Divs 1, 2 (rules 55.1–55.7)

Ins 2007 (501), Sch 1 [7].

Part 55, Div 3

Ins 2007 (501), Sch 1 [7]. Subst 2008 (494), Sch 1 [11].

Rule 55.8

Ins 2007 (501), Sch 1 [7]. Subst 2008 (494), Sch 1 [11].

Rule 55.9

Ins 2007 (501), Sch 1 [7]. Subst 2008 (494), Sch 1 [11]; 2009 (88), Sch 1 [14].

Rules 55.10–55.12

Ins 2007 (501), Sch 1 [7]. Subst 2008 (494), Sch 1 [11].

Rule 55.13

Ins 2007 (501), Sch 1 [7]. Rep 2008 (494), Sch 1 [11].

Part 55, Div 4

Ins 2007 (501), Sch 1 [7]. Rep 2014 (709), rule 3.

Rule 55.14

Ins 2007 (501), Sch 1 [7]. Am 2008 (63), Sch 1 [11]. Rep 2014 (709), rule 3.

Part 56

Ins 2007 (501), Sch 1 [7].

Rules 56.1–56.9

Ins 2007 (501), Sch 1 [7].

Rule 56.10

Ins 2007 (501), Sch 1 [7]. Am 2016 (578), Sch 1 [1].

Rules 56.11, 56.12

Ins 2007 (501), Sch 1 [7].

Rules 56.13, 56.14

Ins 2016 (578), Sch 1 [2].

Part 56A (rules 56A.1–56A.10)

Ins 2011 (61), Sch 1 [1].

Part 57

Ins 2007 (501), Sch 1 [7].

Part 57, heading

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [19].

Part 57, Div 1

Ins 2007 (501), Sch 1 [7].

Rule 57.1

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [20].

Rule 57.2

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [21]–[23].

Part 57, Div 2

Ins 2007 (501), Sch 1 [7].

Part 57, Div 2, heading

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [24].

Rule 57.3

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [25] [26].

Rule 57.4

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [27].

Rule 57.5

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [28]–[32].

Rule 57.6

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [33].

Rule 57.7

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [34]–[38].

Rule 57.8

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [39].

Rule 57.9

Ins 2007 (501), Sch 1 [7]. Am 2009 (501), Sch 1 [40] [41].

Rule 57.10

Ins 2007 (501), Sch 1 [7]. Rep 2009 (501), Sch 1 [42].

Part 57, Div 3 (rules 57.11, 57.12)

Ins 2007 (501), Sch 1 [7].

Part 58 (rules 58.1, 58.2)

Ins 2011 (101), Sch 1.

Part 59

Ins 2013 (108), Sch 1 [1].

Rule 59.1

Ins 2013 (108), Sch 1 [1].

Rule 59.2

Ins 2013 (108), Sch 1 [1].

Rule 59.3

Ins 2013 (108), Sch 1 [1].

Rule 59.4

Ins 2013 (108), Sch 1 [1].

Rule 59.5

Ins 2013 (108), Sch 1 [1].

Rule 59.6

Ins 2013 (108), Sch 1 [1].

Rule 59.7

Ins 2013 (108), Sch 1 [1].

Rule 59.8

Ins 2013 (108), Sch 1 [1]. Am 2025 (27), Sch 1[9].

Rule 59.9

Ins 2013 (108), Sch 1 [1].

Rule 59.10

Ins 2013 (108), Sch 1 [1].

Rule 59.11

Ins 2013 (108), Sch 1 [1].

Sch 1

Am 2005 No 22, Sch 3 [4] [5]; 2005 (395), Sch 1 [58]–[64]; 2005 (396), Sch 1 [2]; 2005 (625), Sch 1 [19]; 2006 (391), Sch 1 [27]; 2007 (579), Sch 2 [9]; 2007 (580), Sch 1 [11]; 2009 (88), Sch 1 [15]; 2009 (118), rule 3 (1) (2); 2009 (570), Sch 1 [8]; 2015 (372), cl 3 (1) (2).

Sch 2

Am 2005 No 22, Sch 3 [6]; 2005 (395), Sch 1 [65]; 2005 (807), Sch 1 [7]; 2006 (391), Sch 1 [28]; 2007 (448), Sch 1 [2]; 2007 (501), Sch 1 [8]; 2007 (580), Sch 1 [12]; 2008 (338), Sch 1 [22]; 2009 (570), Sch 1 [9]; 2024 (480), Sch 1[6].

Sch 3

Am 2006 (717), Sch 1 [2] [3].

Sch 4

Am 2005 (625), Sch 1 [20]; 2007 (580), Sch 1 [13] [14]. Subst 2014 (29), Sch 1 [2]. Rep 2016 (255), Sch 1 [12].

Sch 5

Am 2006 (716), Sch 1 [31] [32]; 2009 (88), Sch 1 [16] [17]. Rep 2010 (172), Sch 1 [12].

Sch 6

Am 2005 (395), Sch 1 [66]. Subst 2016 (755), Sch 1 [3].

Sch 7

Am 2005 (395), Sch 1 [67]. Subst 2006 (717), Sch 1 [4]; 2016 (754), Sch 1. Am 2017 (130), cl 3; 2025 (27), Sch 1[10]–[12].

Sch 7A

Ins 2019 (534), Sch 1[2].

Sch 8

Ins 2006 (391), Sch 1 [29]. Am 2006 No 120, Sch 2.107; 2007 (164), Sch 1 [12] [13]; 2007 (501), Sch 1 [9] [10]; 2008 (338), Sch 1 [23]; 2009 (88), Sch 1 [18] [19]; 2009 (501), Sch 1 [43]; 2010 No 34, Sch 2.51; 2011 (61), Sch 1 [2]; 2011 (189), Sch 1 [9]; 2012 (608), Sch 1 [4]; 2014 No 88, Sch 2.71 [1]; 2020 (140), cl 3(2); 2021 No 6, Sch 5.23; 2021 No 7, Sch 4.24.

Sch 9

Ins 2006 (391), Sch 1 [29].

Sch 10

Ins 2008 (338), Sch 1 [24]. Am 2012 (313), rule 3; 2014 No 88, Sch 2.71 [2].

Sch 11

Ins 2008 (338), Sch 1 [24]. Am 2009 (501), Sch 1 [15]; 2014 No 71, Sch 2.4; 2015 No 7, Sch 2.44 [11].

Sch 12

Ins 2013 (259), Sch 1 [9]. Am 2014 (502), Sch 1 [2].

Dictionary

Am 2005 (625), Sch 1 [21]; 2005 (807), Sch 1 [8]; 2006 (716), Sch 1 [33]; 2007 (327), Sch 1 [21]; 2008 (338), Sch 1 [25]; 2009 (88), Sch 1 [20]; 2009 (326), Sch 1 [14]; 2014 (96), Sch 1 [6]; 2015 No 7, Sch 2.44 [12] [13]; 2025 (27), Sch 1[13].

The whole Rules

Am 2007 (579), Sch 2 [1] (“A Local Court” and “a Local Court” omitted wherever occurring, “The Local Court” and “the Local Court” inserted instead, respectively).

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