New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 4.2

4.2 Documents to be filed to contain certain information

(cf SCR Part 1, rule 10, Part 7, rule 2, Part 11, rule 4, Part 65, rule 1; DCR Part 5, rule 2; LCR Part 36, rule 7)

(1) Originating process filed on behalf of a party in any proceedings must contain the following information:

(a) the name of the court in which the proceedings are to be commenced,

(b) if relevant, the division in which the proceedings are intended to be heard,

(b1) if relevant, the list in which the proceedings are intended to be entered,

(c) the venue at which the proceedings are intended to be heard,

(d) the title of the proceedings,

(e) the nature of the process (summons or statement of claim),

(e1) if the party has engaged a solicitor to act as the party’s legal representative, the name of the solicitor,

(f) if the process is filed by a person who is neither the party nor the party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the document,

(g) the party’s address and the party’s address for service,

(h) the address, if known, of any defendant.

Note: A solicitor named on the originating process pursuant to paragraph (e1) is thereby the solicitor on the record in relation to the party on whose behalf the process is filed.

(2) A document filed on behalf of a person in relation to any proceedings (other than originating process) must contain the following information:

(a) the title of the proceedings, as appearing on the originating process for the proceedings,

(b) if relevant, the division in which the proceedings are intended to be heard,

(b1) if relevant, the list in which the proceedings are intended to be entered,

(c) the case number for the proceedings, as appearing on the originating process for the proceedings,

(d) the nature of the document,

(d1) if the person has engaged a solicitor to act as the person’s legal representative, the name of the solicitor,

(e) if the document is filed by a person who is neither a party nor a party’s solicitor or solicitor’s agent, the capacity in which the person acts when filing the document,

Note: In relation to paragraph (c), see rule 9.1 (4) and (5) which require cross-claims to be numbered.

Note: A solicitor named in the document pursuant to paragraph (d1) is thereby the solicitor on the record in relation to the party on whose behalf the document is filed.

(3) The originating process and any such document may also contain the DX address, fax number or electronic mail address of the person, the person’s solicitor or the person’s solicitor’s agent.

(3A) Court documentation within the meaning of section 347 (Restrictions on commencing proceedings without reasonable prospects of success) of the Legal Profession Act 2004 that is not required by that section to be certified must include a statement to the effect that it is not required to be so certified.

(3B) Subrule (3A) does not apply to documents that are filed in the Land and Environment Court in relation to proceedings in Class 1, 2 or 3 of that Court’s jurisdiction.

(4) In this rule, "originating process" does not include any process (such as a statement of cross-claim or cross-summons) by which a cross-claim is made.