• Specific Year
    Any

UNIFORM CIVIL PROCEDURE RULES 2005

- Made under the Civil Procedure Act 2005 - As at 1 July 2023 - Reg 418 of 2005

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - General

Division 2 - Time

  • 1.11 Reckoning of time
  • 1.12 Extension and abridgment of time
  • 1.13 Fixing times

Division 3 - Fees and other amounts

Division 4 - Distribution of business between Divisions of Supreme Court

  • 1.16 Assignment of business to Divisions
  • 1.17 Bulk transfers between Supreme Court Divisions
  • 1.18 Assignment of business to Common Law Division
  • 1.19 Assignment of business to Equity Division
  • 1.20 Declarations of right and injunctions
  • 1.21 Removal to Court of Appeal

Division 5 - Notices under section 78B of Judiciary Act 1903 of Commonwealth

  • 1.22 Notice of constitutional matter
  • 1.23 Time for filing and service of notice of constitutional matter
  • 1.24 Affidavit of service
  • 1.25 Documents for intervening Attorneys-General

Division 6 - Procedure in particular circumstances

  • 1.26 Procedure under particular Acts
  • 1.27 Procedure in particular District Court lists

PART 2 - CASE MANAGEMENT GENERALLY

  • 2.1 Directions and orders
  • 2.2 Appointment for hearing
  • 2.3 Case management by the court

PART 3 - ELECTRONIC CASE MANAGEMENT

Division 1 - Preliminary

Division 2 - Registration of users of Online Registry

  • 3.3 Registration of users

Division 3 - Filing documents using Online Registry

  • 3.4 Electronic filing of documents
  • 3.4A. (Repealed)
  • 3.5 Uploading documents
  • 3.6 Electronic issuing of a document
  • 3.7 Electronic service of a document
  • 3.8 Use of Online Registry in business conducted in absence of public
  • 3.9 Party filing document required to serve notice of listing
  • 3.10 Request for a certified copy of a judgment or order
  • 3.11 Filing of affidavits using Online Registry's XML filing
  • 3.12 Written record to be kept of direction to e-file document submitted using Online Registry's XML filing or if scanned copy of document is not uploaded
  • 3.13 Filing of wills
  • 3.14 Request to issue subpoena
  • 3.15 Coversheet generated by Online Registry
  • Division 4

PART 4 - PREPARATION AND FILING OF DOCUMENTS

Division 1 - Preparation of documents generally

  • 4.1 Application of Division
  • 4.2 Documents to be filed to contain certain information
  • 4.2A List of parties
  • 4.3 Paper and writing
  • 4.4 Signing documents
  • 4.5 Address for service
  • 4.6 Changing address for service
  • 4.7 Numbers
  • 4.7A Land descriptions
  • 4.8 Separate documents for separate process
  • 4.9 Delegation by NSW Trustee and Guardian

Division 2 - Filing of documents

  • 4.10 Filing generally
  • 4.11 Case number or other unique identifier to be assigned to originating process
  • 4.12 Lodgment of additional copies of originating process for service
  • 4.13 Place for filing
  • 4.14 Filing of notices on behalf of multiple parties
  • 4.15 Court's power to deal with scandalous matter in documents
  • 4.16 Court to be advised as to subrogation to corporation

PART 5 - PRELIMINARY DISCOVERY AND INSPECTION

  • 5.1 Definitions
  • 5.2 Discovery to ascertain prospective defendant's identity or whereabouts
  • 5.3 Discovery of documents from prospective defendant
  • 5.4 Discovery of documents from other persons
  • 5.5 Discovery and inspection generally
  • 5.6 Security for costs
  • 5.7 Privilege
  • 5.8 Costs and other expenses

PART 6 - COMMENCING PROCEEDINGS AND APPEARANCE

Division 1 - General

  • 6.1 No step without originating process or notice of appearance
  • 6.1A Proceedings that do not require a defendant

Division 2 - Originating process

  • 6.2 How proceedings commenced
  • 6.3 Where statement of claim required
  • 6.4 Where summons required
  • 6.5 Proceedings wrongly commenced by statement of claim
  • 6.6 Proceedings wrongly commenced by summons
  • 6.7 Determination
  • 6.8 Originating process for recovery of land to be served on occupier
  • 6.8A Originating process for proceedings to be entered in Possession List

Division 3 - Defendant to proceedings to enter appearance

  • 6.9 How appearance entered
  • 6.10 Time for appearance
  • 6.11 Defendant may submit to judgment by notice of appearance

Division 4 - Contents of statement of claim and summons

  • 6.12 Relief claimed
  • 6.12A. (Repealed)
  • 6.13 Notice to defendant in statement of claim
  • 6.14 Notice to defendant in summons
  • 6.15 Summons to specify return day
  • 6.16 Alteration of return day in summons
  • 6.17 Payment towards liquidated claim stays proceedings on claim

Division 5 - Joinder of causes of action and joinder of parties

  • 6.18 Joinder of causes of action
  • 6.19 Proceedings involving common questions of law or fact
  • 6.20 Proceedings affecting persons having joint entitlement
  • 6.21 Proceedings affecting persons having joint or several liability
  • 6.22 Court may order separate trials if joinder of party or cause of action inconvenient
  • 6.23 Effect of misjoinder or non-joinder of parties
  • 6.24 Court may join party if joinder proper or necessary
  • 6.25 Joinder as plaintiff requires party's consent
  • 6.26 Joinder to recover costs
  • 6.27 Joinder on application of third party
  • 6.28 Date of commencement of proceedings in relation to parties joined

Division 6 - Removal of parties

  • 6.29 Removal of parties by order
  • 6.30 Effect of certain changes on proceedings
  • 6.31 Court may dismiss proceedings not prosecuted following death of party

Division 7 - Orders as to future conduct of proceedings

  • 6.32 Orders as to the future conduct of proceedings

Division 8 - Referred questions of law and stated cases

Division 9 - Issues arising under foreign law

PART 7 - PARTIES TO PROCEEDINGS AND REPRESENTATION

Division 1 - General

  • 7.1 By whom proceedings may be commenced and carried on
  • 7.2 Affidavit as to authority to commence and carry on proceedings in Supreme Court or District Court
  • 7.3 Issue of subpoena in certain circumstances requires leave
  • 7.3A Notice of change of address by party

Division 2 - Representation

  • 7.4 Proper defendant in child abuse proceedings against unincorporated organisation
  • 7.5. (Repealed)
  • 7.6 Representation in cases concerning administration of estates, trust property or statutory interpretation
  • 7.7 Judgments and orders bind represented persons in estate and trust property proceedings
  • 7.8 Court may determine who has conduct of proceedings
  • 7.9 Judgments and orders bind beneficiaries
  • 7.10 Interests of deceased person

Division 3 - Executors, administrators and trustees

  • 7.11 Executors, administrators and trustees
  • 7.12 Beneficiaries and claimants

Division 4 - Persons under legal incapacity

  • 7.13 Definition
  • 7.14 Proceedings to be commenced or carried on by tutor
  • 7.15 Tutors generally
  • 7.16 Tutor to file certain documents
  • 7.17 Non-appearance of person under legal incapacity
  • 7.18 Court may appoint and remove tutors

Division 5 - Business names

  • 7.19 Persons to sue and be sued in own name
  • 7.20 Proceedings against defendant operating under unregistered business name
  • 7.21 Defendant sued in business name to respond in own name
  • 7.22 Plaintiff to amend documents in the proceedings to replace business name with defendant's own name

Division 6 - Relators

Division 7 - Appointment and removal of solicitors

Division 8 - Commencement of proceedings under particular Acts

Division 9 - Court appointed referral for legal assistance

PART 8 - VENUE

  • 8.1 Venue at which proceedings to be heard
  • 8.2 Change of venue generally
  • 8.3 Part not to apply to orders for examination

PART 9 - CROSS-CLAIMS

  • 9.1 Making of cross-claim
  • 9.2 Existing parties need not enter separate appearance
  • 9.3 Cross-claimant may rely on previous pleadings
  • 9.4 Defence
  • 9.5 Default of cross-defendant to cross-claim
  • 9.6 Service on active parties
  • 9.7 Service on new parties
  • 9.8 Directions
  • 9.9 Proceedings to continue together
  • 9.10 Cross-claim may be separately prosecuted
  • 9.11 Contribution or indemnity

PART 10 - SERVICE OF DOCUMENTS GENERALLY

Division 1 - Service generally

Division 2 - Manner of service

  • 10.5 The various methods of service
  • 10.6 Service in accordance with agreement between parties
  • 10.7 Notice given or served by court
  • 10.8 Service of defence by court
  • 10.9 Service of process on defendant operating under unregistered business name
  • 10.10 Service of process on defendant operating under registered business name
  • 10.11 Service of process on partner in limited partnership
  • 10.12 Service of process on person under legal incapacity
  • 10.13 Acceptance of service by solicitor
  • 10.14 Substituted and informal service generally
  • 10.15 Substituted and informal service of originating process in proceedings for possession of land
  • 10.16 Service by filing
  • 10.17 Service of injunctions
  • 10.18 Service at address for service in other court or tribunal
  • 10.19 Waiver of objection to service

Division 3 - Personal service

  • 10.20 Personal service required only in certain circumstances
  • 10.21 How personal service effected generally
  • 10.22 Personal service on corporation
  • 10.23 Personal service on Crown Solicitor
  • 10.24 Personal service on judicial officers
  • 10.25 Personal service on inmate of correctional centre
  • 10.26 Personal service on person who "keeps house"
  • 10.27 Proof of identity

Division 4 - Service under particular Acts

PART 11 - SERVICE OF DOCUMENTS OUTSIDE AUSTRALIA AND SERVICE OF EXTERNAL PROCESS

Division 1 - General

  • 11.1 Application of Part
  • 11.2 Operation of Commonwealth laws and Hague Convention

Division 1A - Service outside of Australia in accordance with harmonised rules

  • 11.3 Division does not apply to service in New Zealand of documents for or in certain trans-Tasman proceedings
  • 11.4 Cases for service of originating process
  • 11.5 When allowed with leave
  • 11.6 Court's discretion whether to assume jurisdiction
  • 11.7 Notice to person served outside Australia
  • 11.8 Time for filing appearance
  • 11.8AA Leave to proceed where no appearance by person
  • 11.8AB Service of other documents outside Australia
  • 11.8AC Mode of service

Division 2 - Service outside Australia in accordance with Attorney General's arrangements

Division 3 - Service of external process

PART 11A - SERVICE UNDER THE HAGUE CONVENTION

Division 1 - Preliminary

Note Note Note

Division 2 - Service abroad of local judicial documents

  • 11A.3 Application of Division
  • 11A.4 Application for request for service abroad
  • 11A.5 How application to be dealt with
  • 11A.6 Procedure on receipt of certificate of service
  • 11A.7 Payment of costs
  • 11A.8 Evidence of service

Division 3 - Default judgment following service abroad of initiating process

  • 11A.9 Application of Division
  • 11A.10 Restriction on power to enter default judgment if certificate of service filed
  • 11A.11 Restriction on power to enter default judgment if certificate of service not filed
  • 11A.12 Setting aside judgment in default of appearance

Division 4 - Local service of foreign judicial documents

  • 11A.13 Application of Division
  • 11A.14 Certain documents to be referred back to the Attorney-General's Department of the Commonwealth
  • 11A.15 Service
  • 11A.16 Affidavit as to service

PART 12 - DISCONTINUANCE, WITHDRAWAL, DISMISSAL AND SETTING ASIDE OF ORIGINATING PROCESS

Division 1 - Discontinuance of claim

  • 12.1 Discontinuance of proceedings
  • 12.2. (Repealed)
  • 12.3 Effect of discontinuance
  • 12.4 Stay of further proceedings to secure costs of discontinued proceedings

Division 2 - Withdrawal of appearance or pleading

  • 12.5 Withdrawal of appearance
  • 12.6 Withdrawal of matter in defence or subsequent pleading

Division 3 - Dismissal of proceedings etc for lack of progress

  • 12.7 Dismissal of proceedings etc for want of due despatch
  • 12.8 Additional grounds for dismissal of proceedings by Supreme Court or Land and Environment Court
  • 12.9 Additional grounds for dismissal of proceedings by District Court or Local Court
  • 12.10 Stay of further proceedings to secure costs of proceedings dismissed

Division 4 - Setting aside originating process

  • 12.11 Setting aside originating process etc

PART 13 - SUMMARY DISPOSAL

  • 13.1 Summary judgment
  • 13.2 Stay of judgment pending determination of cross-claim
  • 13.3 Continuation of proceedings following partial judgment
  • 13.4 Frivolous and vexatious proceedings
  • 13.5 Continuation of proceedings following partial dismissal
  • 13.6 Non-appearance by plaintiff

PART 14 - PLEADINGS

Division 1 - Preliminary

Division 2 - Defence and further pleadings

  • 14.2 Trial without further pleadings
  • 14.3 Defence
  • 14.4 Reply
  • 14.5 Further pleadings

Division 3 - Form of pleading generally

  • 14.6 Pleadings to be divided into paragraphs
  • 14.7 Pleadings to contain facts, not evidence
  • 14.8 Pleadings to be brief
  • 14.9 References in pleadings to documents and spoken words
  • 14.10 Certain facts need not be pleaded
  • 14.11 Conditions precedent presumed to have been met
  • 14.12 Pleading of facts in short form in certain money claims
  • 14.13 Pleading not to claim an amount for unliquidated damages
  • 14.14 General rule as to matters to be pleaded specifically
  • 14.15 Pleadings concerning possession of land
  • 14.16 Defendant's pleading of contributory negligence
  • 14.17 New matter may be raised in pleading
  • 14.18 Pleadings to be consistent as to allegations of fact
  • 14.19 Pleadings may raise points of law
  • 14.20 Pleading the general issue
  • 14.21 Pleadings concerning claims under Property (Relationships) Act 1984

Division 4 - Verification of pleadings

  • 14.22 Pleadings in proceedings for defamation, malicious prosecution, false imprisonment, death and personal injury
  • 14.23 Verification of certain pleadings
  • 14.24 Court may order pleadings to be further verified

Division 5 - General

  • 14.25 Defence of tender
  • 14.26 Admission and traverse from pleadings
  • 14.27 Joinder of issue
  • 14.28 Circumstances in which court may strike out pleadings
  • 14.29 Defence of extinction of right or title

Division 6 - Pleadings concerning defamation

Note
  • 14.30 Allegations in statements of claim generally
  • 14.31 Defamation defences generally
  • 14.32 Defence of justification generally
  • 14.33 Defence of contextual truth
  • 14.34 Defence of absolute privilege
  • 14.35 Defences for publication of public and official documents
  • 14.36 Defences of fair report of proceedings of public concern
  • 14.36A Defence of publication of matter concerning issue of public interest
  • 14.37 Defence of qualified privilege
  • 14.37A Defence of scientific or academic peer review
  • 14.38 Defences of comment or honest opinion
  • 14.39 Defence of innocent dissemination
  • 14.40 Defence of triviality

PART 15 - PARTICULARS

Division 1 - General

  • 15.1 Pleadings must give all necessary particulars
  • 15.2 Use of "Scott Schedule" in building, technical and other cases
  • 15.3 Allegations of behaviour in the nature of fraud
  • 15.4 Allegations as to condition of mind
  • 15.5 Allegations of negligence and breach of statutory duty in common law claims in tort
  • 15.6 Claims for out of pocket expenses
  • 15.7 Claims for exemplary damages
  • 15.8 Claims for aggravated damages
  • 15.9 Manner of giving particulars
  • 15.10 Order for particulars
  • 15.11 Particulars concerning claims under Property (Relationships) Act 1984

Division 2 - Personal injury cases

  • 15.12 Particulars required for proceedings generally
  • 15.13 Particulars required for proceedings under Compensation to Relatives Act 1897
  • 15.14 Statements, documents and reports to be complete
  • 15.15. (Repealed)
  • 15.16 Effect of failure to comply with Division
  • 15.17 Division not to apply in certain circumstances

Division 3 - Interim payments

Division 4 - Defamation

Note
  • 15.19 Particulars in relation to statements of claim for defamation
  • 15.20 Particulars in relation to statements of claim by corporations
  • 15.21 Particulars of defamation defences generally
  • 15.22 Particulars in relation to defence of justification
  • 15.23 Particulars in relation to the defence of contextual truth
  • 15.24 Particulars in relation to defence of absolute privilege
  • 15.25 Particulars in relation to defences for publication of public and official documents
  • 15.26 Particulars in relation to defences of fair report of proceedings of public concern
  • 15.26A Particulars in relation to defence of publication of matter concerning issue of public interest
  • 15.27 Particulars in relation to defence of qualified privilege
  • 15.27A Particulars in relation to defence of scientific or academic peer review
  • 15.28 Particulars in relation to defences of comment and honest opinion
  • 15.29 Particulars in relation to defence of innocent dissemination
  • 15.30 Particulars in relation to defence of triviality
  • 15.31 Particulars concerning grounds that defeat defamation defences
  • 15.32 Particulars concerning damages

PART 16 - DEFAULT JUDGMENT

  • 16.1 Application of Part
  • 16.2 Definition of "in default"
  • 16.3 Procedure where defendant in default
  • 16.4 Default judgment on claim for possession of land
  • 16.5 Default judgment on claim for detention of goods
  • 16.6 Default judgment on debt or liquidated claim
  • 16.7 Default judgment on claim for unliquidated damages
  • 16.8 Default judgment on mixed claims
  • 16.9 Judgment for costs alone after other claims satisfied
  • 16.10 Judgment not limited by plaintiff's claims for relief

PART 17 - ADMISSIONS

  • 17.1 Definitions
  • 17.2 Voluntary admissions of fact
  • 17.3 Notice to admit facts
  • 17.4 Notice to admit documents
  • 17.5 Admission of documents discovered
  • 17.6 Restricted effect of admission
  • 17.7 Judgment on admissions

PART 18 - MOTIONS

  • 18.1 Applications for court orders to be made by motion
  • 18.2 Requirement for notice
  • 18.3 Contents of notice of motion
  • 18.4 Time for service of notice
  • 18.5 Notice to be personally served on persons who have not entered appearance
  • 18.6 Hearing of interlocutory applications
  • 18.7 Motion may be dealt with in party's absence
  • 18.8 Further hearing
  • 18.9 Directions as to conduct of proceedings on notice of motion

PART 19 - AMENDMENT

  • 19.1 Amending a statement of claim
  • 19.2 Amendments to add or remove parties
  • 19.3 Duration of leave or consent
  • 19.4 Disallowance of amendment
  • 19.5 Mode of amendment generally
  • 19.6 Court may give directions as to mode of amendment

PART 20 - RESOLUTION OF PROCEEDINGS WITHOUT HEARING

Division 1 - Mediation

  • 20.1 Application of Division
  • 20.2 Directions
  • 20.3 Statements as to proposed referral to mediation
  • 20.4 Appointments by mediator
  • 20.5 Completion of mediation
  • 20.6 Mediation session procedure
  • 20.7 Notifications after mediation

Division 2 - Arbitration

Division 3 - References to referees

Division 3A - Conciliation

  • 20.24A Application of Division
  • 20.24B Referral of recovery proceedings for conciliation
  • 20.24C Certificate of result of conciliation of recovery proceedings
  • 20.24D Resolution of recovery proceedings after certificate issued

Division 4 - Compromise

  • 20.25 Definitions
  • 20.26 Making of offer
  • 20.27 Acceptance of offer
  • 20.28 Withdrawal of acceptance
  • 20.29 Failure to comply with accepted offer
  • 20.30 Disclosure of offer to court or arbitrator
  • 20.31 Compromises in certain Supreme Court proceedings
  • 20.32 Offer to contribute

Division 5 - (Repealed)

None

Division 6 - Acknowledgment of liquidated claim

  • 20.34 Defendant may file acknowledgment

PART 21 - DISCOVERY, INSPECTION AND NOTICE TO PRODUCE DOCUMENTS

Division 1 - Discovery and inspection

  • 21.1 Definitions
  • 21.2 Order for discovery
  • 21.3 List of documents to be prepared
  • 21.4 Affidavit and certificate supporting list of documents
  • 21.5 Documents to be made available
  • 21.6 Subsequently found documents to be made available
  • 21.7 Discovered documents not to be disclosed
  • 21.8 Personal injury claims

Division 2 - Notice to produce before hearing

  • 21.9 Definitions
  • 21.10 Notice to produce for inspection by parties
  • 21.11 Production under notice to produce
  • 21.12 Personal injury claims
  • 21.13 Costs and expenses of compliance

PART 22 - INTERROGATORIES

  • 22.1 Interrogatories
  • 22.2 Objections to specific interrogatories
  • 22.3 Answers to interrogatories
  • 22.4 Insufficient answer
  • 22.5 Default
  • 22.6 Answers to interrogatories as evidence

PART 23 - MEDICAL EXAMINATIONS AND INSPECTION OF PROPERTY

Division 1 - Medical examination

Division 2 - Rehabilitation assessment

Division 3 - Inspection of property

  • 23.8 Inspection of property

Division 4 - Default

PART 24 - TAKING EVIDENCE OTHERWISE THAN AT TRIAL

  • 24.1 Application of Part
  • 24.2 Construction of certain references
  • 24.3 Order for examination of witness
  • 24.4 Judicial officer or court officer as examiner
  • 24.5 Letter of request
  • 24.6 Evidence otherwise than on oath
  • 24.7 Documents for examiner
  • 24.8 Appointment for examination
  • 24.9 Conduct of examination
  • 24.10 Examination of additional persons
  • 24.11 Objection
  • 24.12 Recording of evidence generally
  • 24.13 Audio-visual recording of evidence
  • 24.14 Authentication and filing
  • 24.15 Special report
  • 24.16 Default of witness
  • 24.17 Order for payment of expenses
  • 24.18 Perpetuation of testimony
  • 24.19 Operation of directions under Evidence on Commission Act 1995
  • 24.20 Witness expenses

PART 25 - INTERIM PRESERVATION

Division 1 - General

  • 25.1 Application
  • 25.2 Order in urgent case before commencement of proceedings
  • 25.3 Preservation of property
  • 25.4 Disposal of personal property
  • 25.5 Interim distribution
  • 25.6 Interim income
  • 25.7 Payment before ascertainment of all persons interested
  • 25.8 Meaning of "usual undertaking as to damages"
  • 25.9 Orders may be made at any stage of proceedings

Division 2 - Freezing orders

Note
  • 25.10 Interpretation
  • 25.11 Freezing order
  • 25.12 Ancillary order
  • 25.13 Respondent need not be party to proceeding
  • 25.14 Order against judgment debtor or prospective judgment debtor or third party
  • 25.15 Jurisdiction
  • 25.16 Service outside Australia of application for freezing order or ancillary order
  • 25.17 Costs

Division 3 - Search orders

Note

PART 26 - RECEIVERS

PART 27 - DISPOSAL OF LAND

  • 27.1 Power to order sale
  • 27.2 Manner of sale
  • 27.3 Certificate of sale
  • 27.4 Mortgage, exchange or partition

PART 28 - SEPARATE DECISION OF QUESTIONS AND CONSOLIDATION

Division 1 - Preliminary

Division 2 - Separation of questions

  • 28.2 Order for decision
  • 28.3 Record of decision
  • 28.4 Disposal of proceedings

Division 3 - Consolidation etc of proceedings

  • 28.5 Consolidation etc of proceedings

PART 29 - TRIALS

  • 29.1 Beginning and opposite parties
  • 29.2 Applications and requisitions for juries in proceedings other than defamation proceedings
  • 29.2A Elections for juries in defamation proceedings
  • 29.3 Time and place of trial
  • 29.4 Trial to deal with all questions and issues
  • 29.5 Conduct of trials generally
  • 29.6 Order of evidence and addresses
  • 29.7 Procedure to be followed if party is absent
  • 29.8 Dismissal of proceedings on plaintiff's application
  • 29.9 Dismissal of proceedings on defendant's application
  • 29.10 Judgment for want of evidence
  • 29.11 Judgment despite verdict, finding or assessment
  • 29.12 Death of party before judgment
  • 29.13 Record of trial to be kept
  • 29.14 Court may refuse to hear proceedings if fees unpaid
  • 29.15 Statement in open court about settled defamation proceedings
  • 29.16 Offers to make amends for defamatory publications: determination of questions

PART 30 - ASSESSMENT OF DAMAGES AND VALUE OF GOODS

  • 30.1 Damages under judgment
  • 30.2 Value of goods under judgment
  • 30.3 Damages to time of assessment

PART 31 - EVIDENCE

Division 1 - Evidence at hearing

  • 31.1 Manner of giving evidence at trial
  • 31.2 Evidence of witnesses at other hearings
  • 31.3 Evidence by telephone, video link or other communication
  • 31.4 Court may direct party to furnish witness statement
  • 31.5 Notice under s 67 or s 99 of the Evidence Act 1995
  • 31.6 Evidence on commission
  • 31.7 Foreign material
  • 31.8 Earlier evidence in the same proceedings
  • 31.9 Earlier evidence in other proceedings
  • 31.10 Plans, photographs, audio-visual recordings and models
  • 31.11 Production of court documents
  • 31.12 Proof of court documents
  • 31.13 Unstamped documents: arrangements under section 304 of the Duties Act 1997
  • 31.14 Unstamped documents: undertaking in respect of section 29 of the Stamp Duties Act 1920
  • 31.15 Evidence of consent to act as tutor, trustee, receiver or other office
  • 31.16 Evidence of published research concerning maintenance of children
  • 31.16A Return of exhibits

Division 2 - Provisions applicable to expert evidence generally

Note Subdivision 1 - Preliminary
  • 31.17 Main purposes of Division
  • 31.18 Definitions
  • Subdivision 2 - Expert witnesses generally
  • 31.19 Parties to seek directions before calling expert witnesses
  • 31.20 Court may give directions regarding expert witnesses
  • 31.21 Expert evidence in chief to be given by way of experts' reports
  • 31.22 Expert witness to provide details of contingency fees or deferred payment schemes
  • 31.23 Code of conduct
  • 31.24 Conference between expert witnesses
  • 31.25 Instructions to expert witnesses where conference ordered before report furnished
  • 31.26 Joint report arising from conference between expert witnesses
  • Subdivision 3 - Experts' reports and expert evidence
  • 31.27 Experts' reports
  • 31.28 Disclosure of experts' reports and hospital reports
  • 31.29 Admissibility of expert's report
  • 31.30 Admissibility of expert's report in District Court and Local Court
  • 31.31 Fees for medical expert for compliance with subpoena
  • 31.32 Service of subpoena on medical expert
  • 31.33 Subpoena requiring production of medical records
  • 31.34 Supplementary reports by expert witness
  • 31.35 Opinion evidence by expert witnesses
  • 31.36 Service of experts' reports in professional negligence claims
  • Subdivision 4 - Parties' single experts
  • 31.37 Selection and engagement
  • 31.38 Instructions to parties' single expert
  • 31.39 Parties' single expert may apply to court for directions
  • 31.40 Parties' single expert's report to be sent to parties
  • 31.41 Parties may seek clarification of report
  • 31.42 Tender of reports and of answers to questions
  • 31.43 Cross-examination of parties' single expert
  • 31.44 Prohibition of other expert evidence
  • 31.45 Remuneration of parties' single expert
  • Subdivision 5 - Court-appointed experts
  • 31.46 Selection and appointment
  • 31.47 Instructions to court-appointed expert
  • 31.48 Court-appointed expert may apply to court for directions
  • 31.49 Court-appointed expert's report to be sent to registrar
  • 31.50 Parties may seek clarification of court-appointed expert's report
  • 31.51 Cross-examination of court-appointed expert
  • 31.52 Prohibition of other expert evidence
  • 31.53 Remuneration of court-appointed expert
  • 31.54 Assistance to court by other persons

Division 3 - Interpreters

PART 32 - TRANS-TASMAN PROCEEDINGS ACT 2010 (COMMONWEALTH)

Division 1 - Preliminary

  • 32.1 Interpretation
  • 32.2 Application of Part

Division 2 - Commencement of proceeding

Division 3 - Subpoenas

  • 32.5 Application for leave to serve subpoena in New Zealand
  • 32.6 Application to set aside subpoena
  • 32.7 Application for issue of certificate of non-compliance with subpoena

Division 4 - Enforcement of New Zealand orders and judgments

  • 32.8 Notice of registration of NZ judgment
  • 32.9 Application for extension of time to give notice of registration of NZ judgment
  • 32.10 Application to set aside registration of NZ judgment
  • 32.11 Application for stay of enforcement of registered NZ judgment to enable liable person to appeal judgment
  • 32.12 Application for extension of time to apply for stay of enforcement of registered NZ judgment to enable liable person to appeal judgment

Division 5 - Miscellaneous

  • 32.13 Application for order for use of audio link or audiovisual link

PART 33 - SUBPOENAS

Note
  • 33.1 Definitions
  • 33.2 Issuing of subpoena
  • 33.3 Form of subpoena
  • 33.4 Setting aside or other relief
  • 33.5 Service
  • 33.6 Compliance with subpoena
  • 33.7 Production otherwise than on attendance
  • 33.8 Removal, return, inspection, copying and disposal of documents and things
  • 33.9 Inspection of, and dealing with, documents and things produced otherwise than on attendance
  • 33.10 Disposal of documents and things produced
  • 33.11 Costs and expenses of compliance
  • 33.12 Failure to comply with subpoena--contempt of court
  • 33.13 Documents and things in the custody of a court

PART 34 - NOTICES TO PRODUCE AT HEARING

  • 34.1 Notice to produce to court
  • 34.2 Production under notice to produce to court
  • 34.3 Costs and expenses of compliance

PART 35 - AFFIDAVITS

  • 35.1 Irregularity does not invalidate affidavit
  • 35.2 Cross-examination of deponent
  • 35.3 Persons who may make affidavit
  • 35.3A Heading to affidavit
  • 35.4 Format of affidavit dealing with more than one matter
  • 35.5 Alterations
  • 35.6 Annexures and exhibits
  • 35.7 Affidavits by persons who cannot read
  • 35.7A Name of legal practitioner or commissioner for affidavits on affidavit
  • 35.7B Each page of affidavit to be signed
  • 35.8 Affidavit of service not to annex copies of filed documents
  • 35.9 Filing of affidavits

PART 36 - JUDGMENTS AND ORDERS

Division 1 - General

  • 36.1 General relief
  • 36.1A Consent orders
  • 36.2 Written reasons for judgment
  • 36.3 Reserved decision
  • 36.4 Date of effect of judgments and orders
  • 36.5 Time for compliance with judgments and orders
  • 36.6 Judicial notice to be taken of orders and undertakings
  • 36.7 Payment of interest
  • 36.8 Possession of land
  • 36.8A Possession of land--interstate judgment
  • 36.9 Arrest warrants
  • 36.10 Filing of cost assessors' certificates

Division 2 - Entry of judgments and orders

  • 36.11 Entry of judgments and orders

Division 3 - Copies and service

  • 36.12 Registrar to furnish copies of judgments and other documents
  • 36.13 Registrar to furnish copies of external judgments
  • 36.14 Service of judgment or order not required

Division 4 - Setting aside and variation of judgments

  • 36.15 General power to set aside judgment or order
  • 36.16 Further power to set aside or vary judgment or order
  • 36.17 Correction of judgment or order ("slip rule")
  • 36.18 Variation of judgment or order against party operating under unregistered business name

PART 37 - TIME TO PAY AND PAYMENT BY INSTALMENTS

  • 37.1 Instalments under Fines Act 1996
  • 37.1A Instalment order made pursuant to agreement between judgment creditor and judgment debtor
  • 37.2 Application for instalment order by judgment debtor
  • 37.3 Instalment order made by registrar
  • 37.4 Instalment order made by court
  • 37.4A Payment of instalments under instalment order
  • 37.5 Stay of execution pending determination of application for instalment order
  • 37.6 Variation or rescission of instalment order on proof of improvement in judgment debtor's financial circumstances
  • 37.7 Effect of instalment order on judgment debt

PART 38 - EXAMINATION OF JUDGMENT DEBTOR ETC

  • 38.1 Examination notice
  • 38.2 Application for order for examination
  • 38.3 Orders for examination
  • 38.4 Venue of examination
  • 38.5 Examination under an order for examination under rule 38.3
  • 38.6 Arrest warrant where person fails to comply with order for examination under rule 38.3
  • 38.7 Application of Part to persons that are corporations

PART 39 - ENFORCEMENT OF JUDGMENTS

Division 1 - Enforcement of writs of execution generally

  • 39.1 Circumstances in which issue of writ requires leave
  • 39.2 Application for writ of execution
  • 39.3 Affidavit in support of application for writ of execution
  • 39.3A Sheriff to be informed of persons in occupation of land
  • 39.4 Order in which writs for the levy of property to be dealt with
  • 39.5 Property to be sold promptly
  • 39.6 Order in which property to be sold
  • 39.7 Sale to be by public auction
  • 39.8 Auctioneer
  • 39.9 Sale to be arranged so as to obtain highest prices
  • 39.10 Approximate market value
  • 39.11 Postponement
  • 39.12 Suspension of execution by judgment creditor
  • 39.13 Sale by private treaty
  • 39.14 Conditions of sale
  • 39.15 How proceeds of enforcement to be applied
  • 39.16 Account
  • 39.17 Sheriff may require security for costs of execution
  • 39.18 Sheriff to serve copy of writ when executing or attempting to execute writ
  • 39.19 When writ may not be executed
  • 39.20 Expiry and renewal of writ of execution

Division 2 - Enforcement of writs against land

  • 39.21 Judgment creditor's notice to judgment debtor
  • 39.22 Judgment creditor's application for sale
  • 39.23 Sale to be publicly advertised
  • 39.24 Proof of service and publication
  • 39.25 Satisfaction by judgment debtor
  • 39.26 Documents giving effect to sale
  • 39.27 Sheriff or auctioneer to report
  • 39.28 Payment to judgment debtor

Division 3 - Enforcement of writs against goods etc

  • 39.29 Removal of goods
  • 39.30 Time of sale
  • 39.31 Sale to be publicly advertised
  • 39.32 Sheriff or auctioneer to report
  • 39.33 Possession fees

Division 4 - Garnishee orders

  • 39.34 Application for garnishee order
  • 39.35 Affidavit in support of application for garnishee order
  • 39.36 Form of garnishee order for debts
  • 39.37 Form of garnishee order for wage or salary
  • 39.38 Court may refuse to make garnishee order
  • 39.39 When garnishee order takes effect
  • 39.39A When garnishee not obligated to pay amount to judgment creditor
  • 39.40 Affidavit that no debt due or accruing
  • 39.41 Lien or claim of third person
  • 39.42 Amounts garnishee may retain
  • 39.43 Notice required for certain attached debts yet to accrue
  • 39.43A Application of Division to application for garnishee order by owners corporation relating to unpaid contributions

Division 5 - Charging orders

  • 39.44 Application for charging order
  • 39.45 Affidavit in support of application for charging order

Division 6 - General

  • 39.46 Value below which Sheriff may not seize tools of trade
  • 39.47 Costs of prior execution not enforceable without costs assessor's certificate
  • 39.48 Charge on partnership interest
  • 39.49 Enforcement by or against non-party
  • 39.50 Non-performance of condition
  • 39.51 Return of writ
  • 39.52 Orders authorising entry to premises by Sheriff

PART 40 - ADDITIONAL MEASURES FOR ENFORCING JUDGMENTS AND ORDERS OF THE SUPREME COURT AND DISTRICT COURT

Division 1 - Provisions applicable to the Supreme Court only

  • 40.1 Application of Division
  • 40.2 Payment of money
  • 40.3 Leave for issue: sequestration
  • 40.4 Security for future conduct

Division 2 - Provisions applicable to the Supreme Court, Land and Environment Court and District Court

  • 40.5 Application of Division
  • 40.6 Doing or abstaining from doing an act
  • 40.7 Service of copy of judgment before committal or sequestration
  • 40.8 Substituted performance

PART 41 - FUNDS IN COURT

  • 41.1 Definitions
  • 41.2 Deposit of funds
  • 41.3 Withdrawal of deposited funds
  • 41.4 Registrar to keep accounts
  • 41.5 Investment
  • 41.6 Interest not payable on certain funds in court
  • 41.7 Payment to the NSW Trustee and Guardian
  • 41.8 Interest on funds in court to abide the decision in proceedings
  • 41.9 Non-attendance of parties following notice by court
  • 41.10 Unclaimed funds
  • 41.11 Authority of recipient
  • 41.12 Death of payee
  • 41.13 Payment to partners
  • 41.14 Payment to executors or administrators
  • 41.15 Discharge of registrar
  • 41.16 Stop orders

PART 42 - COSTS

Division 1 - Entitlement to costs

  • 42.1 General rule that costs follow the event
  • 42.2 General rule as to assessment of costs
  • 42.3. (Repealed)
  • 42.4 Power to order maximum costs
  • 42.5 Indemnity costs
  • 42.6 Amendment of pleading etc without leave
  • 42.7 Interlocutory applications and reserved costs
  • 42.8 Dispute of fact subsequently proved or admitted
  • 42.9 Dispute of authenticity of document subsequently proved or admitted
  • 42.10 Disobedience to rule, judgment, order or direction
  • 42.11 Injunction

Division 2 - Arbitration rehearings under Division 3 of Part 5 of Civil Procedure Act 2005

Division 3 - Offers of compromise

  • 42.13 Application
  • 42.13A Where offer accepted and no provision for costs
  • 42.14 Where offer not accepted and judgment no less favourable to plaintiff
  • 42.15 Where offer not accepted and judgment no more favourable to plaintiff
  • 42.15A Where offer not accepted and judgment no less favourable to defendant
  • 42.16 Costs with respect to interest
  • 42.17 Miscellaneous

Division 4 - Offers to contribute

  • 42.18 Offer to contribute

Division 5 - Proceedings discontinued or dismissed

  • 42.19 Proceedings discontinued
  • 42.20 Dismissal of proceedings etc

Division 6 - Security for costs

  • 42.21 Security for costs

Division 7 - General

  • 42.22 Money paid into court
  • 42.23 Costs in account
  • 42.24 Costs of solicitor appointed as tutor
  • 42.25 Costs of trustee or mortgagee
  • 42.26 Order confirming rule as to payment of costs
  • 42.27 Attendance
  • 42.28 Orders as to costs in relation to instalment order
  • 42.29 Patents, trade marks and designs
  • 42.30 Property (Relationships) Act 1984
  • 42.31 Recovery of assessed costs in Supreme Court
  • 42.32 Smyth orders
  • 42.33 Certain costs orders not to be made unless parties have attempted to agree on amount
  • 42.34 Costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court
  • 42.35 Costs order not to be made in proceedings in District Court unless Court satisfied proceedings in appropriate court

PART 43 - INTERPLEADER PROCEEDINGS

Division 1 - Preliminary

Division 2 - Stakeholder's interpleader

  • 43.2 Court may grant interpleader on application by stakeholder

Division 3 - Sheriff's interpleader

  • 43.3 Notice of claim by claimant
  • 43.4 Sheriff may apply for claimant's proceedings to be restrained or stayed
  • 43.5 Admission of claim
  • 43.6 Interpleader motion

Division 4 - General

  • 43.7 Powers generally
  • 43.8 Default by claimant
  • 43.9 Neutrality of applicant
  • 43.10 Order in multiple proceedings
  • 43.11 Trial of questions arising in proceedings for interpleader

PART 44 - TRANSFER OF PROCEEDINGS

Division 1 - (Repealed)

None

Division 2 - Cross-vesting laws

Division 3 - Transfers under other legislation

  • 44.7 Proceedings after transfer etc to the Court
  • 44.8 Directions and service of order

PART 45 - SPECIALIST LISTS

Division 1 - Supreme Court specialist lists

  • 45.1 Entry as indicated by originating process
  • 45.2 Entry and removal of proceedings pursuant to order of Supreme Court
  • 45.3 The Administrative Law List
  • 45.4 The Possession List
  • 45.5 The Professional Negligence List
  • 45.6 The Commercial List
  • 45.7 The Technology and Construction List
  • 45.7A The Revenue List
  • 45.8 Proceedings under particular Acts and instruments

Division 2 - District Court specialist lists

  • 45.9 Specialist lists
  • 45.10 Entry as indicated by originating process
  • 45.11 The Construction List
  • 45.12 The Commercial List
  • 45.13 The Professional Negligence List
  • 45.13A The Property Relationships List
  • 45.14 Proceedings under particular Acts and instruments

PART 46 - ACCOUNTS AND INQUIRIES

Division 1 - General

  • 46.1 Application of Part
  • 46.2 Account: summary order
  • 46.3 Account or inquiry at any stage
  • 46.4 Account: directions
  • 46.5 Account: form and verification
  • 46.6 Account: filing and service
  • 46.7 Account: notice of charge or error
  • 46.8 Account: allowances
  • 46.9 Delay

Division 2 - Equity Division of the Supreme Court: General

  • 46.10 Application
  • 46.11 Motion to proceed
  • 46.12 Notice of judgment
  • 46.13 Directions
  • 46.14 Representation of parties
  • 46.15 Costs of attendance
  • 46.16 Settlement of instrument
  • 46.17 Interest on debts
  • 46.18 Interest on legacies

Division 3 - Equity Division of the Supreme Court: administration accounts and inquiries etc

  • 46.19 Application
  • 46.20 Advertisements
  • 46.21 Particulars of claim
  • 46.22 Notice of judgment
  • 46.23 Examination of claims
  • 46.24 Account: list of claims
  • 46.25 Inquiry: list of claims
  • 46.26 Verification of list
  • 46.27 Adjudication
  • 46.28 Notice to prove claim

PART 47 - MATTERS ARISING UNDER THE COMMERCIAL ARBITRATION ACT 2010

Division 1 - General

  • 47.1 Definitions
  • 47.2 Preliminary point of law
  • 47.3 Time for applications and appeals
  • 47.4 Subpoena
  • 47.5 Court assistance in taking evidence
  • 47.6 Application to enforce award
  • 47.7 Leave to appeal
  • 47.8 Method of entry into the Commercial Arbitration List
  • 47.9. (Repealed)

Division 2 - Offer of compromise

  • 47.10 Application of Division
  • 47.11 Interim awards
  • 47.12 Mode of making offer
  • 47.13 Application
  • 47.14 Time for making or accepting offer
  • 47.15 Time for payment
  • 47.16 Withdrawal of acceptance
  • 47.17 Offer without prejudice
  • 47.18 Disclosure of offer to arbitrator
  • 47.19 Failure to comply with accepted offer
  • 47.20 Costs where offer not accepted

PART 48 - MATTERS ARISING UNDER COMMONWEALTH INTELLECTUAL PROPERTY LEGISLATION

Division 1 - Intellectual property cases generally

  • 48.1 Application
  • 48.2 Definitions
  • 48.3 Expressions in this Part
  • 48.4 Mode of commencement
  • 48.5 Applications: service and date of hearing
  • 48.6 Mode of giving notice to Commissioner
  • 48.7 Appearance of Commissioner
  • 48.8 Commissioner: notice of objection
  • 48.9 Statement of facts

Division 2 - The Patents Act 1990 of the Commonwealth

Division 3 - The Trade Marks Act 1995 of the Commonwealth

Division 4 - The Designs Act 2003 of the Commonwealth

  • 48.21 Particulars of infringements
  • 48.22 Particulars of invalidity
  • 48.23 Application for compulsory licence: section 90

Division 5 - The Circuit Layouts Act 1989 of the Commonwealth

  • 48.24 Applications concerning infringement of EL rights

PART 49 - REFERENCE AND REMOVAL OF PROCEEDINGS, AND APPEALS AND REVIEWS, WITHIN THE COURT

Division 1 - Matters before Supreme Court constituted by associate Judge

  • 49.1 Construction of certain references
  • 49.2 Reference and removal of proceedings
  • 49.3 Disposal of proceedings referred or removed
  • 49.4 Right of appeal

Division 2 - Matters before a judicial registrar of the District Court

  • 49.5 Reference of matter to the District Court
  • 49.6 Court may order removal of proceedings from judicial registrar
  • 49.7 Court may dispose of matter referred by or removed from judicial registrar

Division 3 - Procedures for appeals to court from decisions of associate Judge

  • 49.7A Construction of certain references
  • 49.8 Institution of appeal
  • 49.9 Contents of notice of motion for appeal
  • 49.10 Stay and reinstatement
  • 49.11 Cross-appeal
  • 49.12 Evidence
  • 49.13 Notice of contention

Division 4 - Review of decisions of registrar (other than judicial registrar)

  • 49.14 Application of Division
  • 49.15 Mandatory order to registrar
  • 49.16 Reference of proceedings
  • 49.17 Removal of proceedings
  • 49.18 Disposal of proceedings referred or removed
  • 49.19 Review of registrar's directions, certificates, orders, decisions and other acts

Division 5 - Procedures for applications for review of decisions of registrar (other than judicial registrar)

  • 49.20 Applications generally
  • 49.21.49.24. (Repealed)

PART 50 - APPEALS TO THE COURT

Division 1 - Preliminary

Division 2 - Appeals

  • 50.3 Time for appeal
  • 50.4 Statement of ground
  • 50.5 Parties
  • 50.6 Filing with court below
  • 50.7 Stay
  • 50.8 Security for costs
  • 50.9 Date of hearing of appeal

Division 3 - Cross-appeals

Division 4 - Applications for leave to appeal and cross-appeal

  • 50.12 Leave to appeal
  • 50.13 Leave to cross-appeal

Division 5 - General

  • 50.14 Reasons for decision, transcript and other parts of the record of the court below
  • 50.15 Directions for service
  • 50.16 Conduct of appeal
  • 50.16A Objections to competency of appeal

Division 6 - Appeals to District Court under section 91 of Children and Young Persons (Care and Protection) Act 1998

Division 7 - Appeals to District Court under section 39 of Victims Support and Rehabilitation Act 1996

PART 51 - COURT OF APPEAL

Division 1 - Preliminary

  • 51.1 Application of Part
  • 51.2 Interpretation
  • 51.3 Application of rules to notices of cross-appeal

Division 2 - Parties and appearances

  • 51.4 Parties
  • 51.5 No step without notice of appearance

Division 3 - Notices of intention to appeal

  • 51.6 Notices of intention to appeal
  • 51.7 Notices of intention to appeal cannot be filed in certain cases
  • 51.8 Filing and service of a notice of intention to appeal
  • 51.9 Effect of service of notice of intention to appeal
  • 51.9A Service of notice of intention to appeal by prospective respondent

Division 4 - Applications for leave to appeal or cross-appeal

Subdivision 1 - Making applications for leave
  • 51.10 Filing and service of summons seeking leave to appeal
  • 51.11 Filing and service of cross-summons seeking leave to cross-appeal
  • Subdivision 2 - Supporting documentation
  • 51.12 Party to file and serve White Folder with summons seeking leave
  • 51.13 Opposing party to file a response
  • Subdivision 3 - Powers on applications for leave
  • 51.14 Concurrent hearings in relation to leave applications
  • 51.15 Court may determine application for leave without attendance

Division 5 - Appeals and cross-appeals

Subdivision 1 - Institution of appeals and cross-appeals
  • 51.16 Time for filing and service of notice of appeal
  • 51.17 Filing and service of notice of cross-appeal
  • Subdivision 2 - Notices of appeal and cross-appeal
  • 51.18 Contents of notice of appeal
  • 51.19 How claims for reinstatement or restitution to be made in appeal or cross-appeal
  • 51.20 Notice of appeal to specify return day
  • 51.21 Alteration of return day in notice of appeal
  • 51.22 Absence of restriction on appeals as of right to be shown by certificate or affidavit
  • 51.23 Amendment of notice of appeal
  • Subdivision 3 - Appeal Books and other supporting documentation
  • 51.24 Registrar to collect certain papers when notice of appeal filed or concurrency determination is made
  • 51.25 Preparation of Appeal Book
  • 51.26 Division of Appeal Book
  • 51.27 Contents of Red Book
  • 51.28 Contents of Black Book
  • 51.29 Contents of Blue Book
  • 51.30 Contents of Orange Book
  • 51.31 Disputes as to contents of Appeal Book
  • 51.32 Filing, lodgment and service of sections of Appeal Book
  • 51.33 Overriding obligation to file Orange Book
  • Subdivision 4 - Written submissions and chronologies
  • 51.34 Filing written submissions and chronologies
  • 51.35 Appellant's chronology
  • 51.36 Content of written submissions
  • 51.37 Time for filing of written submissions and chronologies
  • 51.38 Service of written submissions and chronologies
  • Subdivision 5 - Use of material from leave applications
  • 51.39 Court may order use of White Folder instead of preparation of Appeal Book and submissions
  • Subdivision 5A - Written submissions--concurrent hearings
  • 51.39A Concurrent hearings under rule 51.14
  • Subdivision 6 - Notices of contention and objections to competency
  • 51.40 Notices of contention
  • 51.41 Objections to competency of appeal

Division 6 - Effect of applications for leave and appeals on court below

  • 51.42 Copies of certain documents to be filed or lodged with court below
  • 51.43 Court below to retain exhibits if its decision is appealable
  • 51.44 Appeal proceedings do not operate as stay unless Court or court below directs

Division 7 - Proceedings other than appeal proceedings

  • 51.45 Proceedings in supervisory jurisdiction

Division 8 - Miscellaneous

Subdivision 1 - Offers of compromise
  • 51.46 Interpretation
  • 51.47 Making of offers of compromise
  • 51.48 Application of Division 3 of Part 42 to offers of compromise made in proceedings in Court
  • 51.49 Relevance of offers of compromise made in proceedings in court below
  • Subdivision 2 - Powers of Court
  • 51.50 Security for costs
  • 51.51 Additional evidence
  • 51.52 Powers of Court on appeal not limited by certain procedural matters
  • 51.53 Circumstances in which Court may order new trial
  • 51.54 Reinstatement and restitution
  • 51.55 Short reasons for decision
  • Subdivision 3 - Discontinuances
  • 51.56 Discontinuance of proceedings in Court
  • Subdivision 4 - Other
  • 51.57 Hearing in fixed vacation
  • 51.58 Review of order of Judge of Appeal
  • 51.59 Review of decisions of Registrar
  • 51.60 Application for expedited hearing
  • 51.61 Affidavits in support of orders sought by notice of motion

PART 52 - TAKING EVIDENCE FOR FOREIGN AND AUSTRALIAN COURTS AND TRIBUNALS

  • 52.1 Procedure
  • 52.2 Application of other rules regarding the taking of evidence
  • 52.3 Attendance of applicant
  • 52.4 Transcript of evidence and exhibits
  • 52.5 Certificate
  • 52.6 Privilege of witness

PART 53 - MATTERS ARISING UNDER THE FOREIGN JUDGMENTS ACT 1991 OF THE COMMONWEALTH

PART 54 - ADMINISTRATION OF ESTATES AND EXECUTION OF TRUSTS

  • 54.1 Definitions
  • 54.2 Application of Part
  • 54.3 Relief without general administration
  • 54.4 Claim under judgment
  • 54.5 Relief that may be granted
  • 54.6 Supreme Court not required to order general administration
  • 54.7 Supreme Court may order general administration in certain circumstances
  • 54.8 Conduct of sale

PART 55 - MATTERS ARISING UNDER THE TRUSTEE ACT 1925

Division 1 - Judicial advice

Division 2 - New trustees

  • 55.5 Application
  • 55.6 Evidence generally
  • 55.7 Fitness of new trustee

Division 3 - Payment into court

  • 55.8 Application
  • 55.9 Proceedings for directions as to payment into court
  • 55.10 Affidavit in support of summons
  • 55.11 Proceedings for directions as to payment out of court
  • 55.12 Inquiries
  • 55.13. (Repealed)

Division 4 - (Repealed)

None

PART 56 - MATTERS ARISING UNDER THE ADOPTION ACT 2000

  • 56.1 Interpretation
  • 56.2 Commencement of proceedings
  • 56.3 Duty to make full and frank disclosure
  • 56.4 How application for adoption order is to be dealt with
  • 56.5 Preliminary hearing
  • 56.6 Applications appropriate for preliminary hearing
  • 56.7 Filing of report in accordance with section 91 of the Adoption Act 2000
  • 56.8 Evidence in support of application for adoption order
  • 56.9 Judicial notice of instrument of consent
  • 56.10 Notice to be given to Secretary
  • 56.11 Proper officer of the Court
  • 56.12 Access to Court records
  • 56.13 Registration of adoption plans
  • 56.14 Review of adoption plans

PART 56A - MATTERS ARISING UNDER THE SURROGACY ACT 2010

  • 56A.1 Interpretation
  • 56A.2 Commencement of proceedings
  • 56A.3 Duty to make full and frank disclosure
  • 56A.4 How application for parentage order is to be dealt with
  • 56A.5 Preliminary hearing
  • 56A.6 Applications appropriate for preliminary hearing
  • 56A.7 Filing of report in accordance with section 17 of the Surrogacy Act 2010
  • 56A.8 Evidence in support of application for parentage order
  • 56A.9 Affidavit of Australian legal practitioner
  • 56A.10 Access to Court records

PART 57 - MATTERS ARISING UNDER THE NSW TRUSTEE AND GUARDIAN ACT 2009 OR GUARDIANSHIP ACT 1987

Division 1 - Preliminary

  • 57.1 Interpretation
  • 57.2 Commencement of proceedings

Division 2 - Applications under the NSW Trustee and Guardian Act 2009

Division 3 - Miscellaneous

PART 58 - REPRESENTATIVE PROCEEDINGS

PART 59 - JUDICIAL REVIEW PROCEEDINGS

Navigate