Uniform Civil Procedure Rules (Amendment No 8) 2006 (NSW)

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2006 No 171

New South Wales

Uniform Civil Procedure Rules

(Amendment No 8) 2006

under the

Civil Procedure Act 2005

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

Procedure Act 2005 on 3 April 2006.

Jennifer Atkinson

Secretary of the Rule Committee

Explanatory note
The objects of these Rules are:

(a)

to enable an affidavit in relation to proceedings brought by a person pursuant to a right of subrogation to be made by that person, and

(b)

to enable an affidavit in relation to proceedings in the Small Claims Division of a Local Court on an application for default judgment to be made by a solicitor or commercial agent or subagent.

Published in Gazette No 49 of 7 April 2006, page 2034 Page 1
2006 No 171
Rule 1 Uniform Civil Procedure Rules (Amendment No 8) 2006

Uniform Civil Procedure Rules (Amendment No 8) 2006

under the

Civil Procedure Act 2005

1      Name of Rules

These Rules are the Uniform Civil Procedure Rules (Amendment No 8)
2006.

2 Amendment of Uniform Civil Procedure Rules 2005

The Uniform Civil Procedure Rules 2005 are amended as set out in
Schedule 1.

2006 No 171

Uniform Civil Procedure Rules (Amendment No 8) 2006

Amendments Schedule 1
Schedule 1 Amendments

(Rule 2)

[1]      Rule 35.3 Persons who may make affidavit

Insert at the end of rule 35.3 (1) (d):

, or

(e) if the proceedings are being brought in the plaintiff’s name by some other person pursuant to a right of subrogation:
(i) by that other person, or
(ii) if that other person is a corporation, by a member or officer of the corporation or (if it is in liquidation) by its liquidator.

[2]      Rule 35.3 (2) (a) (v)

Insert after rule 35.3 (2) (a) (iv):

(v)      default judgment (but only in the Small Claims Division), or

BY AUTHORITY

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