Uniform Civil Procedure Rules (Amendment No 65) 2014 (NSW)

2014 No 96

New South Wales

Uniform Civil Procedure Rules

(Amendment No 65) 2014

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 provide that the email address required by rule 4.2 need not be the email address of the solicitor on the record, but may be the email address of the solicitor with day-to-day conduct of the matter (the contact solicitor) or may be an email address of the solicitor’s firm which is regularly monitored and from which any emails can be forwarded to the solicitor on the record or the contact solicitor.

Published LW 7 March 2014	Page 1
2014 No 96
Rule 1	Uniform Civil Procedure Rules (Amendment No 65) 2014

Uniform Civil Procedure Rules (Amendment No 65) 2014

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 65)
2014.

2      Commencement

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

2014 No 96

Uniform Civil Procedure Rules (Amendment No 65) 2014

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

Omit rule 4.2 (1) (g1). Insert instead:

(g1)	if the party has engaged a solicitor to act as the party’s legal representative, the email address of the party’s solicitor,
(g2)	if the party has not engaged a solicitor to act as the party’s legal representative, the email address of the party or (if the party has no email address) a statement that the party has no email address,

[2]      Rule 4.2 (1)

Omit the notes at the end of the subrule. Insert instead:

Note. A solicitor named on the originating process pursuant to paragraph (e1) is thereby the solicitor on the record in relation to the party on whose behalf the process is filed.

[3]      Rule 4.2 (2) (f) and (g)

Omit rule 4.2 (2) (f). Insert instead:

(f)	if the person has engaged a solicitor to act as the person’s legal representative, the email address of the person’s solicitor,
(g)	if the person has not engaged a solicitor to act as the person’s legal representative, the email address of the person or (if the person has no email address) a statement that the person has no email address.

[4]      Rule 4.2 (2)

Omit Note 3 at the end of the subrule.

[5]      Rule 4.2 (2AA)

Insert after rule 4.2 (2):

(2AA)

An email address of the party’s solicitor or of the person’s solicitor (as the case may be) in subrules (1) (g1) and (2) (f) means:

(a)	the email address of the solicitor on the record, or
(b)	the email address of the contact solicitor, or

2014 No 96

Uniform Civil Procedure Rules (Amendment No 65) 2014

Schedule 1 Amendment of Uniform Civil Procedure Rules 2005

(c) an email address of the solicitor’s firm which is regularly monitored and from which any emails can be forwarded to the solicitor on the record or the contact solicitor.

Note. The terms solicitor on the record and contact solicitor are defined in the Dictionary.

[6]      Dictionary

Insert in alphabetical order:

contact solicitor means the solicitor with day-to-day conduct of
a matter.