UNIFORM CIVIL PROCEDURE RULES 2005 - REG 53.2 Commencement of proceedings

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 53.2

53.2 Commencement of proceedings

(cf SCR Part 59A, rule 2)

(1) Proceedings for registration of a judgment under Part 2 of the Foreign Judgments Act 1991 of the Commonwealth are to be commenced in the Supreme Court.

(2) In any such proceedings, the judgment creditor is to be the plaintiff and the judgment debtor is to be the defendant.

(3) Unless the Supreme Court otherwise orders, the judgment creditor may proceed without service of the summons on the judgment debtor.

(4) If the judgment creditor adds to the summons a request that the application be granted under this rule, the Supreme Court may make the order in the absence of the public and without any attendance by or on behalf of the judgment creditor.