UNIFORM CIVIL PROCEDURE RULES 2005 - REG 36.8 Possession of land

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 36.8

36.8 Possession of land

(cf SCR Part 40, rule 11)

(1) Unless the court orders otherwise, judgment for possession of land may not be given or entered against a defendant in his or her absence unless the plaintiff files an affidavit--

(a) stating that, when the originating process was filed or (if the claim for possession arises from an amendment to the originating process) when the amendment was made--

(i) specified persons (other than parties to the proceedings) had been in occupation of the whole or any part of the land, or

(ii) no persons (other than parties to the proceedings) had been in occupation of the whole or any part of the land, and

(b) stating that, as to each person specified in accordance with paragraph (a)(i) (other than a person whose occupation the plaintiff does not seek to disturb)--

(i) the originating process has been duly served on the person, or

(ii) the person has, since the time referred to in paragraph (a), ceased to be in occupation of any part of the land, and

(c) in relation to a claim for possession by reason of default in the payment of money, stating particulars of the default.

(2) This rule does not apply to the registration of a judgment for possession of land given by a court of the Commonwealth or another State or Territory.