Uniform Civil Procedure Rules (Amendment No 2) 2005 (NSW)
2005 No 396
New South Wales
Uniform Civil Procedure Rules
(Amendment No 2) 2005
under the
Civil Procedure Act 2005
The Uniform Rules Committee made the following rules of court under the Civil
Procedure Act 2005 on 1 August 2005.
Jennifer Atkinson
Secretary of the Rule Committee
| Published in Gazette No 98 of 5 August 2005, page 4083 | Page 1 |
| 2005 No 396 | |
| Rule 1 | Uniform Civil Procedure Rules (Amendment No 2) 2005 |
Uniform Civil Procedure Rules (Amendment No 2) 2005
under the
Civil Procedure Act 2005
1 Name of Rules
These Rules are the Uniform Civil Procedure Rules (Amendment No 2)
2005.
2 Commencement
These Rules commence on the commencement of section 9 of the Civil
Procedure Act 2005.
3 Amendment of Uniform Civil Procedure Rules 2005
The Uniform Civil Procedure Rules 2005 are amended as set out in
Schedule 1.
2005 No 396
Uniform Civil Procedure Rules (Amendment No 2) 2005
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Rule 3)
[1] Rule 1.9
Omit the rule. Insert instead:
1.9 Objections 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,
but does not apply in circumstances in which Part 3.10 of the Evidence Act 1995 or Part 3.10 of the Evidence Act 1995 of the Commonwealth applies.
(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.
(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.
| 2005 No 396 | Uniform Civil Procedure Rules (Amendment No 2) 2005 |
| Schedule 1 | Amendments |
(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.
[2] Schedule 1 Application of rules
Omit “Parts 44, 45 and 46” from Column 4 in relation to a Local Court sitting in its Small Claims Division.
Insert instead “Part 44, except for rule 44.1”.
BY AUTHORITY
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