Uniform Civil Procedure Rules (Amendment No 20) 2007 (NSW)
2007 No 580
New South Wales
Uniform Civil Procedure Rules
(Amendment No 20) 2007
under the
Civil Procedure Act 2005
The Uniform Rules Committee made the following rules of court under the Civil
Procedure Act 2005 on 3 December 2007.
Jennifer Atkinson
Secretary of the Rules Committee
Explanatory note
The object of these Rules is to amend the Uniform Civil Procedure Rules 2005 in connection with the application of Parts 3–9 of the Civil Procedure Act 2005 to the Land and Environment Court.
| Published in Gazette No 180 of 7 December 2007, page 9297 | Page 1 |
| 2007 No 580 | |
| Rule 1 | Uniform Civil Procedure Rules (Amendment No 20) 2007 |
Uniform Civil Procedure Rules (Amendment No 20) 2007
under the
Civil Procedure Act 2005
1 Name of Rules
These Rules are the Uniform Civil Procedure Rules (Amendment No 20)
2007.
2 Commencement
These Rules commence on the commencement of Schedule 2 [9] to the
Courts Legislation Amendment Act 2007.
3 Amendment of Uniform Civil Procedure Rules 2005
The Uniform Civil Procedure Rules 2005 are amended as set out in
Schedule 1.
2007 No 580
Uniform Civil Procedure Rules (Amendment No 20) 2007
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Rule 3)
[1] Rule 3.4 Electronic filing of documents
Omit rule 3.4 (1). Insert instead:
(1) This rule applies:
(a) in relation to proceedings in any court other than the Land and Environment Court, to documents of a kind referred to in Part 1 of Schedule 4, and (b) in relation to proceedings in the Land and Environment Court, to documents of a kind referred to in Part 2 of Schedule 4.
[2] Rule 6.10 Time for appearance
Insert at the end of the rule:
(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.
[3] Rule 12.8 Additional grounds for dismissal of proceedings by Supreme Court or Land and Environment Court
Insert “or the Land and Environment Court” after “Supreme Court” in rule
12.8 (1).[4] Rule 12.8
Omit “Supreme Court”, “Court’s” and “Supreme Court’s” wherever occurring in rule 12.8 (2)–(6).
Insert instead “court” and “court’s”, as the case requires.
[5] Part 40, Division 2 heading
Insert “, Land and Environment Court” after “Supreme Court”.
[6] Rule 40.5 Application of Division
Insert “, the Land and Environment Court” after “the Supreme Court”.
2007 No 580
Uniform Civil Procedure Rules (Amendment No 20) 2007
| Schedule 1 | Amendments |
[7] Rule 42.3 Powers of the court generally
Insert after rule 42.3 (2) (e):
(e1) in the case of proceedings in the Land and Environment Court, to make an order for costs against a person who carries on proceedings as a party’s agent, or
[8] Part 49, heading
Omit the heading. Insert instead:
Part 49 Reference and removal of proceedings,
and appeals and reviews, within the court[9] Rule 49.1 Construction of certain references
Insert at the end of the rule:
Note. See section 36 of the Land and Environment Court Act 1979, which provides that proceedings that are before a Commissioner of the Land and Environment Court under that section, or under section 34 of that Act, may be referred or removed for hearing by a Judge of the Land and Environment Court in the same way as proceedings before an associate Judge of the Supreme Court may be referred or removed for hearing by a Judge of the Supreme Court.
[10] Rule 50.2 Definitions
Insert at the end of the rule:
(2) For the avoidance of doubt, it is declared that, for the purposes of
this Part:
(a)
a Commissioner of the Land and Environment Court, when exercising the functions of that Court under the Land and Environment Court Act 1979, is taken to be the court below, and
(b)
the Land and Environment Court, when hearing an appeal under section 56A of the Land and Environment Court Act 1979 against a decision made by a Commissioner of that Court in the exercise of those functions, is taken to be the higher court.
2007 No 580
Uniform Civil Procedure Rules (Amendment No 20) 2007
| Amendments | Schedule 1 |
[11] Schedule 1 Application of rules
Insert after the matter relating to the Supreme Court, in Columns 1, 2, 3 and 4, respectively:
Land and Proceedings in Part 6, Divisions 2 Environment Court Class 1, 2 or 3 of its and 4
jurisdiction Part 20, Division 4, and Part 42, Division 3, in relation to all proceedings other than those referred to in:
(a)
section 19 (a), (c), (c1), (e), (e2), (e3), (f), (f1) or (g) or 40 of the
Land and
Environment
Court Act
1979, or
(b) section 179, 181, 677 or 730 of the Local
Government
Act 1993, or(c) section 44 of the Fisheries Management Act 1994 Rules 42.1, 42.6, 42.8, 42.9, 42.18, 42.19 and 42.20
Proceedings in
Class 4 of its
jurisdiction
2007 No 580
Uniform Civil Procedure Rules (Amendment No 20) 2007
| Schedule 1 | Amendments |
[12] Schedule 2 Local rules that prevail over these rules
Insert after the matter relating to the Supreme Court (Corporations) Rules
1999:Land and Environment Court Rules 2007
Part Provision All Parts All rules in those Parts [13] Schedule 4 Documents to be filed by means of ECM system
Insert at the beginning of the Schedule:
Part 1 Documents relating to proceedings in
courts other than the Land and
Environment Court[14] Schedule 4, Part 2
Insert at the end of the Schedule:
Part 2 Documents relating to proceedings in the
Land and Environment CourtAffidavit
Application
Cross-claim
Cross-summons
Defence
Draft conditions of development consent
Draft conditions of other approvals
Minutes of order
Notice of appearance
Notice of motion
Points of claim
Points of defence
Points of reply
Reply
Statement identifying issues for separate determination
Statement of agreed facts
Statement of claim
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Uniform Civil Procedure Rules (Amendment No 20) 2007
| Amendments | Schedule 1 |
Statement of cross-claim
Statement of fact and contentions
Statement of preliminary points of law
Submission
SubpoenaSummons
BY AUTHORITY
0
0
0