Uniform Civil Procedure Rules (Amendment No 39) 2010 (NSW)

2010 No 678

New South Wales

Uniform Civil Procedure Rules

(Amendment No 39) 2010

under the

Civil Procedure Act 2005

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

Procedure Act 2005.

Steven Jupp

Secretary of the Uniform Rules Committee

Explanatory note
The object of these Rules is to amend rule 36.10 of the Uniform Civil Procedure Rules 2005:

(a) to alter the language of the rule so that it better comports with the language of the Legal Profession Act 2004 in relation to the effect of the filing of a costs assessor’s certificate, and

2010 No 678

Rule 1 Uniform Civil Procedure Rules (Amendment No 39) 2010

Uniform Civil Procedure Rules (Amendment No 39) 2010

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 39)
2010.

2      Commencement

These Rules commences on the day on which they are published on the
NSW legislation website.

2010 No 678

Uniform Civil Procedure Rules (Amendment No 39) 2010

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

Rule 36.10 Filing of cost assessors’ certificates

Omit rule 36.10 (2). Insert instead:

(2)

A number of certificates may be filed together under subrule (1)
if each of the certificates:

(a)	relates to the same costs assessment, and
(b)	requires the same person or persons to pay costs.

(3)

If some of the costs specified in the certificate or certificates have been paid, the certificate or certificates must be accompanied by an affidavit, sworn not earlier than 14 days before the certificate or certificates are filed, stating the amount of the costs that have been paid.

Note. The certificate or certificates will, from the date of filing, be taken to be a judgment of the court under Division 11 of Part 3.2 of the Legal Profession Act 2004 for:

(a) if the certificate or certificates are not accompanied by an affidavit under subrule (3)—the total amount of costs specified in the certificate or certificates, or