CIVIL PROCEDURE ACT 2005 - SCHEDULE 3
CIVIL PROCEDURE ACT 2005 - SCHEDULE 3
SCHEDULE 3 – Rule-making powers
(Section 9 (2))
1 The procedure (including the method of pleading) and the practice to be followed in the court in all civil proceedings in, or with respect to which, the court has jurisdiction (including the procedure and practice to be followed in the offices of the court), and any matters incidental to, or relating to, any such procedure or practice (including the manner and time of making any applications that under this or any other Act, or under any Commonwealth Act, are to be made to the court).
2 The rights and obligations of parties, prospective parties and other persons as to examination, interrogatories, discovery and inspection and other means of obtaining access to information, documents or things in relation to civil proceedings and prospective civil proceedings.
3 The service of documents (including the service of documents outside New South Wales, whether interstate or overseas).
4 The form and contents of any case stated to the court by or from any other court or person, and the time within which and the manner in which proceedings on a stated case are to be commenced and maintained and the court's decision notified.
5 The practice and procedure to be followed in connection with interpleaders.
6 The practice and procedure to be followed in connection with the splitting and consolidation of civil proceedings.
7 The admission and exclusion of evidence and the manner in which evidence is to be tendered.
8 The practice and procedure to be followed in connection with the review by the court of decisions made on its behalf by registrars and other officers of the court.
9 The practice and procedure to be followed in connection with any appeal to the court, including the time within which, and the manner in which, such an appeal is to be made, and the practice and procedure to be followed in the court with respect to such an appeal.
10 The practice and procedure to be followed in connection with the transfer of any civil proceedings to or from the court and the practice and procedure to be followed with respect to civil proceedings that are so transferred.
11 The assignment of civil proceedings to any division of the court or to any list established within the court.
12 The nomination and appointment of suitable persons to be mediators for the purposes of Part 4.
13 The practice and procedure to be followed in relation to the mediation of any matter under Part 4 or the arbitration of any matter under Part 5.
14 The circumstances in which civil proceedings, or claims in civil proceedings, may be dismissed.
15 The circumstances in which the court may order parties to civil proceedings not to disclose matters that arise in hearings that are held in the absence of the public.
16 The circumstances in which the court may stay civil proceedings, either permanently or temporarily.
17 The practice and procedure to be followed with respect to the giving of judgment, including judgment that is reserved and judgment where the giving of reasons is deferred.
18 Matters relating to the costs of civil proceedings in the court and, in particular, prescribing, limiting or otherwise affecting the costs recoverable in any action or proceedings that the court considers might properly have been dealt with in a lower court.
19 The means for, and the practice and procedure to be followed in, securing the future conduct of parties to civil proceedings.
20 The means for, and the practice and procedure to be followed in, the enforcement and execution of judgments and orders.
21 The circumstances in which the court may authorise entry on land for the purpose of enabling its orders to be enforced.
22 The exercise by the Supreme Court of its jurisdiction to make orders for the enforcement of its judgments and orders.
23 The circumstances in which the court may vary or set aside its judgments and orders.
24 The means for proving particular facts, and the mode in which evidence may be given (including the administration of oaths to and the taking of the evidence of witnesses in or out of New South Wales), in any civil proceedings, or on any application in connection with, or at any stage of, any civil proceedings.
25 Matters relating to expert evidence, including--(a) the disclosure (by the furnishing of copies of reports or otherwise) of the nature of expert evidence to be given, and including the exclusion of expert evidence in case of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence, and(b) the use of expert witnesses including, in particular, the use of expert witnesses engaged jointly by parties to civil proceedings and the use of court-appointed expert witnesses.
25A The means for answering questions as to the principles of the law of a country other than Australia, and their application.
26 The cases in which security may be required, and the form of such security, and the manner in which, and the person to whom, it is to be given.
27 For regulating or making other provision concerning interim payments referred to in Division 5 of Part 6.
28 The payment or transfer into or out of court and, subject to the consent of the Treasurer, the custody, management and investment of moneys, securities and effects.
29 The duties of registrars and other officers of the court in relation to or for the purpose of any civil proceedings.
30 Any matter with respect to civil proceedings for which rules of court may be made under the Act by which the court is constituted.
31 Any matter with respect to which the court has jurisdiction under any other Act or law (including any Commonwealth Act).
32 Any matter for which the rules set out in Schedule 7 made provision when that Schedule commenced.
33 Any matter for which any other Act provides that rules may be made under this Act.
34 Any matter of a savings or transitional nature consequent on the making of any uniform rule.