New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 75.3

75.3 Rules applicable

(1) The following provisions of the Uniform Civil Procedure Rules 2005 apply, so far as applicable, to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies:

(a) Part 1 (preliminary matters),

(b) rules 2.1 and 2.2,

(c) Part 4 (preparation and filing of documents), other than rules 4.2, 4.9 and 4.12,

(d) Part 10 (service of documents generally), other than rules 10.7 and 10.16,

(e) rule 29.13 (record of trial to be kept),

(f) rules 31.7, 31.11, 31.12, 31.21 and 31.22,

(g) Part 33 (subpoenas), other than:

(i) rules 33.3 (1), 33.3 (8), 33.6 (1) and 33.7, and

(ii) if the issuing party is the Crown, rules 33.2 (3), 33.5 and 33.11,

(h) Part 35 (affidavits).

(2) Part 10 of the Uniform Civil Procedure Rules 2005 (other than rules 10.7 and 10.16) applies, so far as applicable, to service of a notice of listing under clause 10 (2) of the Criminal Procedure Regulation 1987 .

(3) For the purposes of subrule (2), the address contained in a notice filed in the registry under clause 6 (1) of the Criminal Procedure Regulation 1987 of an accused person’s solicitor is taken to be the accused person’s address for service.

(4) Subject to subrule (5), Rule 31.3 of the Uniform Civil Procedure Rules 2005 applies to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies.

(5) Orders may not be made under Rule 31.3 of the Uniform Civil Procedure Rules 2005 :

(a) in respect of the evidence given by a person against whom the proceedings are brought ( "an accused"), or

(b) that prevent an accused from attending any part of the proceedings,

without the consent of that accused.

(6) Rule 31.5 of the Uniform Civil Procedure Rules 2005 applies to proceedings specified in the Third Schedule to the Act (except clause (d) of that Schedule) and to proceedings to which Division 2 applies as if the time fixed for giving notice were not later than 21 days before the date fixed for hearing.