UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.2 How proceedings commenced

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.2

6.2 How proceedings commenced

(cf SCR Part 4, rules 1 and 3, Part 7, rule 7; DCR Part 5, rules 5 and 6; LCR Part 5, rule 1)

(1) Subject to these rules, the practice notes and any other rules of court, a person may commence proceedings in the court by filing a statement of claim or a summons.

(2) Subject to these rules, the practice notes and any other Act or law, the plaintiff may choose whether to commence proceedings by statement of claim or by summons.

(3) Originating process must be served on each defendant.

(3A) An originating process served in accordance with subrule (3) must include the following--

(a) the seal of the court on the first page (whether an original sealed copy or a photocopy of a sealed copy),

(b) the case number or unique identifier,

(c) the listing date (if allocated by the court registry).

(4) Subject to subrule (5), originating process is valid for service--

(a) in the case of proceedings in the Supreme Court, the Land and Environment Court, the Dust Diseases Tribunal or the Local Court, for 6 months after the date on which it is filed, or

(b) in the case of proceedings in the District Court--

(i) for 6 months after the date on which it is filed--

(A) if it is a statement of claim seeking relief in relation only to a debt or other liquidated claim, or

(B) if the defendant (or at least one of the defendants) is to be served outside New South Wales, or

(ii) for one month after the date on which it is filed, in any other case.

(5) Failure to serve originating process within the time limited by these rules does not prevent the plaintiff from commencing fresh proceedings by filing another originating process.