Uniform Civil Procedure Rules (Amendment No 32) 2010 (NSW)

2010 No 172

New South Wales

Uniform Civil Procedure Rules

(Amendment No 32) 2010

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 in relation to:

(a)	the rate of interest after judgment prescribed for the purposes of section 101 of the Civil Procedure Act 2005, and
(b)	the format in which documents may be produced in order to comply with a subpoena, and
(c)	the power of the court to award costs under section 98 of the Civil Procedure Act 2005.
Published LW 7 May 2010	Page 1
2010 No 172
Rule 1	Uniform Civil Procedure Rules (Amendment No 32) 2010

Uniform Civil Procedure Rules (Amendment No 32) 2010

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 32)
2010.

2      Commencement

(1)	Except as provided by subrule (2), these Rules commence on the day on which they are published on the NSW legislation website.
(2)	Schedule 1 [1], [2], [5] and [7]–[12] commences on 1 July 2010.

2010 No 172

Uniform Civil Procedure Rules (Amendment No 32) 2010

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

[1]      Rule 6.12 Relief claimed

Omit “Schedule 5” from rule 6.12 (8). Insert instead “rule 36.7 (1)”.

[2]      Rule 26.6 Default

Omit “Schedule 5” from rule 26.6 (3).
Insert instead “rule 36.7 (1) or such lesser rate as the court may determine”.

[3]      Rule 33.6 Compliance with subpoena

Omit “, or” from rule 33.6 (7) (b). Insert instead “.”.

[4]      Rule 33.6 (7) (c)

Omit the paragraph.

[5]      Rule 36.7 Payment of interest

Omit rule 36.7 (1). Insert instead:

(1)

The prescribed rate at which interest is payable under section 101
of the Civil Procedure Act 2005 is:

(a)	in respect of the period from 1 January to 30 June in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and
(b)	in respect of the period from 1 July to 31 December in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.

[6]      Rule 42.3 Powers of the court generally

Omit the rule.

[7]      Rule 46.17 Interest on debts

Omit “Schedule 5” from rule 46.17 (3) and (5) wherever occurring.
Insert instead “rule 36.7 (1)”.

[8]      Rule 46.17 (3)

Insert “, or such lesser rate as the court may determine,” after “Civil Procedure
Act 2005”.

2010 No 172

Uniform Civil Procedure Rules (Amendment No 32) 2010

Schedule 1 Amendment of Uniform Civil Procedure Rules 2005

[9]      Rule 46.17 (5)

Insert “or such lesser rate as the court may determine,” after “Civil Procedure
Act 2005,”.

[10]      Rule 51.19 How claims for reinstatement or restitution to be made in appeal or cross-appeal

Omit “Schedule 5” from rule 51.19 (b). Insert instead “rule 36.7 (1)”.

[11]      Rule 51.36 Content of written submissions

Omit “Schedule 5” from rule 51.36 (4) (b). Insert instead “rule 36.7 (1)”.

[12]      Schedule 5

Omit the Schedule.