Uniform Civil Procedure Rules (Amendment No 46) 2011 (NSW)

2011 No 482

New South Wales

Uniform Civil Procedure Rules

(Amendment No 46) 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 Rule Committee

Explanatory note
The objects of these Rules are as follows:

(a)	to require the copy of the originating process served on a defendant to include the seal of the court on the first page, the case number and, where a listing date has been allocated, that date,
(b)	to clarify that it is sufficient for only the first page of a document consisting of more than one page to be sealed by the court for evidentiary purposes.
Published LW 9 September 2011	Page 1
2011 No 482
Rule 1	Uniform Civil Procedure Rules (Amendment No 46) 2011

Uniform Civil Procedure Rules (Amendment No 46) 2011

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 46)
2011.

2      Commencement

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

2011 No 482

Uniform Civil Procedure Rules (Amendment No 46) 2011

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

[1]      Rule 4.12 Lodgment of additional copies of originating process for service

Insert at the end of the rule:

Note. An original sealed copy of the originating process or a photocopy of a sealed copy may be served on a defendant: see rule 6.2.

[2]      Rule 6.2 How proceedings commenced

Insert after rule 6.2 (3):

(3A)

An originating process served in accordance with subrule (3)
must include the following:

(a)	the seal of the court on the first page (whether an original sealed copy or a photocopy of a sealed copy),
(b)	the case number or unique identifier,
(c)	the listing date (if allocated by the court registry).

[3]      Rule 31.12 Proof of court documents

Insert at the end of the rule:

(2) For the purposes of subrule (1), it is sufficient that only the first page of a document consisting of multiple pages is marked with the seal.