Uniform Civil Procedure Rules (Amendment No 42) 2011 (NSW)
2011 No 179
New South Wales
Uniform Civil Procedure Rules
(Amendment No 42) 2011
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 the Uniform Civil Procedure Rules 2005 to provide for the procedure to be followed in making an election for a jury trial under section 21 of the Defamation Act 2005.
| Published LW 11 March 2011 | Page 1 |
| 2011 No 179 | |
| Rule 1 | Uniform Civil Procedure Rules (Amendment No 42) 2011 |
Uniform Civil Procedure Rules (Amendment No 42) 2011
under the
Civil Procedure Act 2005
1 Name of Rules
These Rules are the Uniform Civil Procedure Rules (Amendment No 42)
2011.
2 Commencement
These Rules commences on the day on which they are published on the
NSW legislation website.
2011 No 179
Uniform Civil Procedure Rules (Amendment No 42) 2011
| Amendment of Uniform Civil Procedure Rules 2005 | Schedule 1 |
| Schedule 1 | Amendment of Uniform Civil Procedure Rules 2005 |
Rules 29.2 and 29.2A
Omit rule 29.2. Insert instead:
29.2 Applications and requisitions for juries in proceedings other than
defamation proceedings(1) This rule applies to proceedings other than defamation proceedings.
(2) An application in proceedings to which this rule applies for the proceedings to be tried by jury must be made by notice of motion. (3) For the purposes of section 85 of the Supreme Court Act 1970 and section 76A of the District Court Act 1973, a requisition for a jury in proceedings to which this rule applies must be filed at the same time as the notice of motion referred to in subrule (2) is filed. (4) Unless the court otherwise orders, a notice of motion under
subrule (2) must be filed:
(a) if the notice is filed by the plaintiff: (i) within 56 days after service on the defendant of the statement of claim, or
(ii) if a defence is served on the plaintiff within that period, within 28 days after service of the defence on the plaintiff, or
(b) if the notice is filed by the defendant:
(i)
within 28 days after service on the defendant of the statement of claim, or
(ii)
if, pursuant to rule 14.3, the court directs some other date for the filing of a defence, within 28 days after the date fixed by the court’s direction.
| 29.2A | Elections for juries in defamation proceedings | |
|
Note. Section 21 (2) (b) of the Defamation Act 2005 requires an election to be accompanied by the fee prescribed by the regulations under the Civil Procedure Act 2005 for the requisition of a jury in the court concerned.
2011 No 179
Uniform Civil Procedure Rules (Amendment No 42) 2011
| Schedule 1 | Amendment of Uniform Civil Procedure Rules 2005 |
(2) A party may file and serve a notice of election for a jury trial only if:
(a) the party has served a notice of intention to file the notice of election on each other active party before a date has been fixed for the hearing of the defamation proceedings, and (b) a notice of motion has not been filed under subrule (4) or, if such a notice of motion has been filed and served, the court has refused to make the order sought in the notice of motion. (3) A party who serves a notice of intention to file a notice of election for a jury trial must, before a date has been fixed for the hearing of the defamation proceedings, inform the court that the notice of intention has been served. (4) A party on whom a notice of intention to file a notice of election for a jury trial is served may, within 21 days of being served with the notice, file a notice of motion seeking an order under section 21 of the Defamation Act 2005 that the proceedings not be tried by jury. (5) If a notice of motion is filed under subrule (4), a date may not be fixed for the hearing of the defamation proceedings until the court has disposed of the motion. (6) Without limiting subrule (2), a notice of election for a jury trial
may not be filed or served if:
(a) the court makes an order under section 21 of the Defamation Act 2005 (whether or not of its own motion) that the defamation proceedings not be tried by jury, or (b) a date has been fixed for the hearing of the defamation proceedings.
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