Uniform Civil Procedure Rules (Amendment No 56) 2012 (NSW)

2012 No 608

New South Wales

Uniform Civil Procedure Rules

(Amendment No 56) 2012

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 as a consequence of amendments that are being made to the Supreme Court Rules 1970 in relation to probate and administration.

Published LW 7 December 2012	Page 1
2012 No 608
Rule 1	Uniform Civil Procedure Rules (Amendment No 56) 2012

Uniform Civil Procedure Rules (Amendment No 56) 2012

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 56)
2012.

2      Commencement

These Rules commence on 21 January 2013 and are required to be published on the NSW legislation website.

2012 No 608

Uniform Civil Procedure Rules (Amendment No 56) 2012

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

[1]      Rule 4.2 Documents to be filed to contain certain information

Insert after rule 4.2 (2):

(2A)	A notice to be filed under Division 9 of Part 78 of the Supreme Court Rules 1970, or a caveat to be filed under Division 10 of that Part, must contain the following information:
(a) if the notice or caveat relates to proceedings already commenced:

(i)      the title of the proceedings, as appearing on the originating process for the proceedings, and

(ii)      if relevant, the division in which the proceedings are intended to be heard, and

(iii)      if relevant, the list in which the proceedings are intended to be entered,

(b)	the case number or unique identifier assigned to the notice or caveat under rule 64 or 73 of that Part, as the case may be,
(c)	the nature of the document,
(d)	if the person has engaged a solicitor to act as the person’s legal representative, the name of the solicitor,
(e)	if the notice or caveat is filed by a person who is neither a party nor a party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the notice or caveat.

[2]      Rule 4.11 Case number or other unique identifier to be assigned to originating process

Insert after rule 4.11 (2):

(3)

In the case of originating process to commence proceedings for the grant of probate or administration, or the resealing of a foreign grant within the meaning of Part 78 of the Supreme Court Rules 1970, for an estate in respect of which:

(a)	a notice has been filed under Division 9 of that Part, or
(b)	a caveat has been filed under Division 10 of that Part,

the case number or other unique identifier assigned to the proceedings is to be the same as that previously assigned to the notice or caveat.

2012 No 608

Uniform Civil Procedure Rules (Amendment No 56) 2012

Schedule 1 Amendment of Uniform Civil Procedure Rules 2005

[3]      Rule 45.1 Entry as indicated by originating process

Insert at the end of rule 45.1 (2):

The Probate List

[4]      Schedule 8 Assignment of business in the Supreme Court

Insert in alphabetical order of Acts in Part 1 of the Schedule, in Columns 1, 3 and 4, respectively:

Probate and Administration Act 1898 Equity Probate List