Uniform Civil Procedure Rules (Amendment No 21) 2008 (NSW)

2008 No 63

New South Wales

Uniform Civil Procedure Rules

(Amendment No 21) 2008

under the

Civil Procedure Act 2005

The Uniform Rules Committee made the following rules of court under the Civil

Procedure Act 2005 on 3 March 2008.

Jennifer Atkinson

Secretary of the Uniform Rules Committee

Explanatory note
The object of these Rules is to amend the Uniform Civil Procedure Rules 2005:

(a)	to update references in the Rules to the Wills, Probate and Administration Act 1898 to reflect its renaming as the Probate and Administration Act 1898 by the Succession Act 2006, and
(b)	to require an appellant in the Court of Appeal to specify in a notice of appeal any material facts that the appellant contends that the court below should, or should not, have found, and
(c)	to make other minor amendments in relation to practice and procedure in the Court of Appeal and the Land and Environment Court.
Published in Gazette No 30 of 7 March 2008, page 1450	Page 1
2008 No 63
Rule 1	Uniform Civil Procedure Rules (Amendment No 21) 2008

Uniform Civil Procedure Rules (Amendment No 21) 2008

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 21)
2008.

2 Amendment of Uniform Civil Procedure Rules 2005

The Uniform Civil Procedure Rules 2005 are amended as set out in
Schedule 1.

2008 No 63

Uniform Civil Procedure Rules (Amendment No 21) 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Rule 2)

[1]      Rule 10.20 Personal service required only in certain circumstances

Insert “the Land and Environment Court,” after “the Supreme Court,” in rule
10.20 (2) (a).

[2]      Rule 46.18 Interest on legacies

Omit “Wills,” from rule 46.18 (1).

[3]      Rule 51.9A

Insert after rule 51.9:

51.9A

Service of notice of intention to appeal by prospective respondent

(1) A prospective respondent who intends only to cross-appeal need not file a notice of intention to appeal in order to preserve the right to cross-appeal.

(2)

However, a prospective respondent who wishes to preserve a right to seek leave to appeal or to appeal in the event that the applicant giving notice of intention to appeal (the original applicant) does not commence the proceedings contemplated by the notice may, within 14 days of receiving the notice of intention to appeal, file and serve a notice of intention to appeal.

(3)

If a prospective respondent files and serves a notice of intention to appeal in accordance with subrule (2) and the original applicant does not commence the proceedings contemplated by the applicant’s notice of intention to appeal, the prospective respondent may file and serve the relevant originating process within 28 days of the expiration of the time allowed under rule 51.9 for the original applicant to commence proceedings.

[4]      Rule 51.18 Contents of notice of appeal

Insert at the end of rule 51.18:

(2) Without limiting subrule (1), the appellant must also specify in the notice of appeal any material facts that the appellant contends that the court below should, or should not, have found.

[5]      Rule 51.25 Preparation of Appeal Book

Omit “50 millimetre” from rule 51.25 (4). Insert instead “5 millimetre”.

2008 No 63

Uniform Civil Procedure Rules (Amendment No 21) 2008

Schedule 1 Amendments

[6]      Rule 51.25 (5) (d)

Omit “telex,”.

[7]      Rule 51.27 Contents of Red Book

Insert at the end of the rule:

(2) The pages of the Red Book must be one-sided (that is, with
writing on one side of the page).

[8]      Rule 51.28 Contents of Black Book

Insert after rule 51.28 (3):

(4) The pages of the Black Book must be two-sided (that is, with
writing on both sides of the page).

[9]      Rule 51.29 Contents of Blue Book

Insert after rule 51.29 (5):

(6) The pages of the Blue Book must be two-sided (that is, with
writing on both sides of the page).

[10]      Rule 51.30 Contents of Orange Book

Insert at the end of the rule:

(2) The pages of the Orange Book must be one-sided (that is, with
writing on one side of the page).

[11]      Rule 55.14 Notice of intended distribution

Omit “Wills,” from rule 55.14 (3).

BY AUTHORITY