Announcements


Changes to approved Forms 3A and 3B
The Uniform Rules Committee has approved a minor amendment to the Statement of Claim forms to include the contact email details of the plaintiff (or his or her legal representative) if applicable. There are no other amendments to these forms.

New Form 26A - Subpoena to produce with subpoena notice and declaration, and new Form 27A - Subpoena to give evidence and produce with subpoena notice and declaration
The Uniform Rules Committee has approved 2 new forms to replace Form 26 (Subpoena to produce), Form 27 (Subpoena to give evidence and produce) and Form 28 (Subpoena notice and declaration). The new forms incorporate the subpoena forms and notice and declaration forms so that only one document needs to be served, and only one document need to be produced by the addressee with the subpoenaed documents. The new forms include the declaration by the subpoena recipient, and the proposed access orders (if applicable). The notice to the recipient section has been updated to reflect recent amendments to rule 33.6 (7), and the notes section has been updated to include information that previously only appeared on the subpoena notice and declaration form.

Further changes to approved Form 114 - Notice of Intended Distribution
The Uniform Rules Committee has further amended Form 114 (now version 4) to correct an inadvertent error (in relation to when a person making a claim should do so). Legal Representatives who may have published a notice of intended distribution in version 3 should consider whether they should republish a notice in the new version.


Changes to approved Form 36 - Notice of Motion - Default Judgment for Possession of Land; Form 36A Notice of Motion - Default Judgment for Possession of Land and Liquidated Claim; Form 59 - Notice of Motion - Writ for Possession of Land
The Uniform Rules Committee has amended these forms to reflect recent amendments to UCPR rules 16.4 and 39.3 in relation to providing particulars of the default of payment of money in the affidavit in support of the notice of motion for default judgment for possession of land and for a writ of possession. The amendments do not change the substance of the forms but provide instructions in each form as to the type of information that is now required under the rules as amended.



Changes to approved Form 114 - Notice of Intended Distribution
The Uniform Rules Committee has amended Form 114 so that it now also applies to intended distributions under section 60 of the Trustee Act 1925.
The form has also been updated to incorporate reference to "after 6 months from the date of death of the deceased" to be included, where appropriate, to receive the appropriate protection under section 92 (1)(a) of the Probate and Administration Act 1898 and section 93 (1)(a) of the Succession Act 2006.

Changes to the approved forms In April 2011, the Uniform Rules Committee approved changes to the following approved forms:

• 1 General Form - Up-dated to include options for use in probate, adoption and corporations matters
• 23A Election for jury trial in defamation proceedings - Up-dated to reflect new rule in UCPR 29.2A
• 23B Requisition for trial by jury - Up-dated to reflect change in UCPR 29.2 and 29.2A
• 36 Notice of motion - default judgment for possession of land - Up-dated with reference to Residential Tenancies Act 2010
• 59 Notice of motion - writ for possession of land - Up-dated with reference to Residential Tenancies Act 2010
• 60 Writ of possession - Up-dated with reference to Residential Tenancies Act 2010
• 114 Notice of intended distribution - Up-dated with reference to section 92, Probate and Administration Act 1898

• 10 Cross-summons - made consistent with form 4 summons
• 24 Notice to produce to court - made consistent with form 28
• 29 Order for production - minor typographical error corrected, made consistent with form 29, removal of payment of expenses paragraph
• 38 Notice of motion - default judgment for liquidated claim - Schedule 5 interest rate reference replaced
• 51 Examination notice - individual - amended to be consistent with other forms
• 52 Examination notice - corporation - amended to be consistent with other forms
• 70 Garnishee order for debts - amended to be consistent with other forms
• 71 Garnishee order for wages/salary - amended to be consistent with other forms; Workcover NSW website address corrected
• 84 Summons commencing an appeal/seeking leave to appeal - made consistent with form 4 summons
• 104 Summons seeking leave to appeal - made consistent with form 4 summons
• 105 Notice of appeal - made consistent with form 4 summons

• Form 93 - Possession List coversheet was approved for use
• Forms 85 and 86 are obsolete following the commencement of the Local Court Act 2007 and have been withdrawn from use
• Forms 26, 27 and 28 have been amended to reflect amendments to Part 33 – Subpoenas
• Forms 6, 36, 59 and 60 have been amended to include information about the residential tenancy status of a property
• Forms 1, 2, 3A, 3B, 4A, 4B, 5, 6, 7A, 7B, 8, 9, 10, 20, 30, 35, 43, 44, 46, 47, 49, 50, 69, 76, 77, 81, 82, 84, 101, 102, 103, 104, 105 and 106. Miscellaneous amendments were made. These include:
• Clarifying the "How to respond" section of various forms
• Clarifying the "Party details" section of various forms
• Inserting hearing details in a defence
• Making provision for parties to include a contact email address
• Inserting a notice in forms 43 and 44 to alert parties to the operation of UCPR 36.16 (Further power to set aside or vary judgment or order).

• If there is a solicitor on the record, the email address of the solicitor with the day to day conduct of the matter
• If the party is unrepresented, a personal address that regularly checked by the party.