Uniform Civil Procedure Rules (Amendment No 31) 2009 (NSW)

2009 No 570

New South Wales

Uniform Civil Procedure Rules

(Amendment No 31) 2009

under the

Civil Procedure Act 2005

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

Procedure Act 2005.

J Atkinson

Secretary of the Rule Committee

Explanatory note

The object of these Rules is to amend the Uniform Civil Procedure Rules 2005 as a consequence of an amendment to Schedule 1 to the Civil Procedure Act 2005 that has had the effect of applying those rules, together with Parts 3–9 of the Civil Procedure Act 2005, to the Industrial Relations Commission.

Published LW 11 December 2009	Page 1
2009 No 570
Rule 1	Uniform Civil Procedure Rules (Amendment No 31) 2009

Uniform Civil Procedure Rules (Amendment No 31) 2009

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 31)
2009.

2      Commencement

These Rules commence on 1 February 2010 and are required to be published on the NSW legislation website.

2009 No 570

Uniform Civil Procedure Rules (Amendment No 31) 2009

Amendment of Uniform Civil Procedure Rules 2005	Schedule 1
Schedule 1	Amendment of Uniform Civil Procedure Rules 2005

[1]      Rule 1.5 Application of these rules

Insert after rule 1.5 (2):

(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.

[2]      Rule 7.1 By whom proceedings may be commenced and carried on

Insert after rule 7.1 (4):

(4A)	Despite subrules (1)–(4), any person may commence and, unless the Commission orders otherwise, carry on proceedings in the Industrial Relations Commission by an industrial agent within the meaning of the Industrial Relations Act 1996.
(4B)	Subrule (4A) does not apply to or in respect of proceedings in the Industrial Relations Commission when constituted as the Industrial Court.

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

Insert “the Industrial Relations Commission (including the Commission when constituted as the Industrial Court),” after “the Supreme Court,” in rule 10.20 (2) (a).

[4]      Rule 10.29

Insert after rule 10.28:

10.29 Service under the Industrial Relations Act 1996

In any proceedings under the Industrial Relations Act 1996 in which a document is required to be served on an industrial organisation within the meaning of that Act, service of the document must be effected:

(a)	by serving it personally on the organisation’s secretary or principal officer, or
(b)	by leaving it at the organisation’s registered office with a person who is apparently employed by the organisation, or
(c)	by sending it by post, addressed to the organisation’s secretary or principal officer:
(i) to the organisation’s address for service in the proceedings, or

2009 No 570

Uniform Civil Procedure Rules (Amendment No 31) 2009

Schedule 1 Amendment of Uniform Civil Procedure Rules 2005

(ii)      if it has no address for service in the proceedings, to the organisation’s registered office.

[5]      Rule 25.1 Application

Insert “the Industrial Court, the” after “the Supreme Court,” in rule 25.1 (1).

[6]      Rule 33.1 Definitions

Insert at the end of paragraph (a) of the definition of registrar in rule 33.1 (1):

, and

(a1) in relation to the Industrial Court, the industrial registrar referred to in section 207 of the Industrial Relations Act 1996, and

[7]      Rule 33.1 (1), definition of “subpoena”

Insert at the end of paragraph (c):

,

and includes a summons to that effect under section 165 of the
Industrial Relations Act 1996.

[8]      Schedule 1 Application of rules

Insert after the matter relating to the Supreme Court, in Columns 1, 2, 3 and 4, respectively:

Industrial Court All civil Part 6

proceedings Part 16
Part 20, except for
Division 4 (but
Division 4 does not
apply until after
conciliation has been
attempted under
section 109 of the
Industrial Relations
Act 1996)
Part 23, Divisions 1
and 2
Parts 37, 38 and 39
Part 42, Division 2
Part 43

2009 No 570

Uniform Civil Procedure Rules (Amendment No 31) 2009

Amendment of Uniform Civil Procedure Rules 2005 Schedule 1

Industrial Relations	All civil	Parts 5 and 6
Commission (when	proceedings	Part 16
constituted otherwise	Part 17 (except to the
than as the Industrial	extent to which the
Court)	Commission orders that the Part is to apply) Part 20 Part 21 (except to the extent to which the Commission orders that the Part is to apply) Parts 22 and 23 Part 31, Division 1, except for rules 31.1, 31.2, 31.3, 31.4, 31.11, 31.12 and 31.16A Part 31, Division 2 Part 32 Part 34 (except to the extent to which the Commission orders that the Part is to apply) Parts 37, 38 and 39 Parts 42 and 43 Part 46

[9]      Schedule 2 Local rules that prevail over these rules

Insert after the matter relating to the Supreme Court (Corporations) Rules
1999:

Industrial Relations Commission Rules 2009

Part	Provision
All Parts	All rules in those Parts