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Practice Note No. SC Gen 1

Application of Practice Notes


Date:
08/17/2005



    PRACTICE NOTE SC Gen 1
    Supreme Court – Application of Practice Notes

    Commencement
    1. This Practice Note commences 17 August 2005.

    Application
    2. This Practice Note applies to the Court of Appeal, the Court of Criminal Appeal, and to the Common Law Division and the Equity Division of the Supreme Court.

    Definitions
    3. In this, and any other Practice Note, unless the contrary is indicated:
      Act means the Supreme Court Act 1970
      CPA means the Civil Procedure Act 2005
      Former Practice Notes means the Practice Notes issued by the Court prior to 17 August 2005
      SCR means the Supreme Court Rules 1970
      UCPR means the Uniform Civil Procedure Rules 2005
      PN means Practice Note
      Introduction
      4. The purpose of this Practice Note is to:
          • update Former Practice Notes to reflect current procedures in the Supreme Court, and
          • update the Practice Notes with references to the CPA and UCPR.

      Numbering of Practice Notes
      5. All Practice Notes in the Supreme Court will begin with the letters “SC”.

      6. Practice Notes that relate specifically to a Court, a Division or a Divisional List will generally be numbered from the numeral 1 with an abbreviation for the Court or Division (i.e. “CA” for the Court of Appeal, “CCA” for the Court of Criminal Appeal, “CL” for the Common Law Division and “Eq” for the Equity Division). As a result, the first Practice Note for the Court of Appeal will be numbered SC CA 1.

      7. This Practice Note operates as a Table of Contents, with status information as to the currency and history of all revised Practice Notes.

      8. Practice Notes that relate to a general issue of the Court with application across one or more of the Courts or Divisions (e.g. mediation, access to Court files) will be numbered from the numeral 1 with the abbreviation “Gen”. This Practice Note is therefore numbered SC Gen 1.

      9. In future, where an amendment is made to a Practice Note, rather than issuing a fresh number to that Practice Note, a new version of the existing Practice Note will be issued.

      10. The history of all new Practice Notes will be documented below in the “Related information” section of this Practice Note.

      Repeal of Former Practice Notes.
      11. Former Practice Notes numbered 1 to 130 are repealed.

      General
      12. Practice Notes numbered SC CA 1, SC CCA 1, SC CL 1 to SC CL 7, SC Eq 1 to SC Eq 4 and SC Gen 1 to SC Gen 11 replace the Former Practice Notes effective 17 August 2005.

      Pending proceedings
      13. Subject to paragraph 14, a Practice Note applies to proceedings commenced before the commencement of the Practice Note in the same way as they apply to proceedings commenced after the commencement of the Practice Note.

      14. A court before which proceedings have been commenced before the commencement of a Practice Note may make such orders dispensing with the requirements of the Practice Note in relation to the proceedings, and such consequential orders (including orders as to costs), as are appropriate in the circumstances.

      Transitional arrangements
      15. Subject to the Act, the SCR, the CPA, and the UCPR, anything done under a provision of the Former Practice Notes for which there is a corresponding provision in a current Practice Note is taken to have been done under the corresponding provision of the current Practice Note.



      J J Spigelman
      Chief Justice of New South Wales
      17 August 2005


      Related information
      The following Practice Notes apply from 15 August 2005:

      PN#
      Title
      Date
      Commenced
      Date Repealed or replaced (if applicable)
      Comments
      SC CA 1Court of Appeal - General17 Aug 2005Repeals Former PNs 22, 42, 65, 74 & 77
      SC CCA 1Court of Criminal Appeal - General17 Aug 2005Repeals Former PN 123
      SC CL 1Common Law Division – General17 Aug 2005
      SC CL 2Common Law Division - Criminal List17 Aug 2005Repeals Former PNs 57, 98 & 112
      SC CL 3Common Law Division – Administrative Law List17 Aug 2005Repeals Former PN 119
      SC CL 4Common Law Division – Defamation List17 Aug 2005Repeals Former PNs 85 & 114
      SC CL 5Common Law Division – General Case Management List17 Aug 2005Repeals Former PNs 120, 70 & 128
      SC CL 6Common Law Division – Possession List17 Aug 2005Repeals Former PN 106
      SC CL 7Common Law Division – Professional Negligence List17 Aug 2005Repeals Former PN 104
      SC Eq 1Equity Division –Case Management17 Aug 2005
      SC Eq 2Equity Division – Admiralty List17 Aug 2005Repeals Former PN 84
      SC Eq 3Equity Division – Commercial List and Technology and Construction List 17 Aug 2005Repeals Former PN 100
      SC Eq 4Equity Division – Corporation List17 Aug 2005Repeals Former PNs 117, 111 & 126
      SC Gen 1Supreme Court – Application of Practice Notes17 Aug 2005
      SC Gen 2Supreme Court – Access to Court files17 Aug 2005replaced 1 Mar 2006Repeals Former PN 97; SC Gen 2 was amended on 1 Mar 2006
      SC Gen 3Supreme Court - Photocopy access to documents produced under subpoena or admitted as exhibits17 Aug 2005Repeals Former PN 107
      SC Gen 4Supreme Court - Affidavits17 Aug 2005
      SC Gen 5Supreme Court - Costs orders against practitioners17 Aug 2005Repeals Former PN 108
      SC Gen 6Supreme Court – Mediation17 Aug 2005Repeals Former PN 125
      SC Gen 7Supreme Court - Use of technology 17 Aug 2005Repeals Former PN 127
      SC Gen 8Supreme Court - Admission and enrolment under Mutual Recognition Act17 Aug 2005Repeals Former PN 82
      SC Gen 9Supreme Court - Appointment of examiners outside of NSW: procedures for practitioners17 Aug 2005
      SC Gen 10Supreme Court – Single Expert Witnesses17 Aug 2005
      SC Gen 11Supreme Court – Joint Conferences of Expert Witnesses17 Aug 2005Repeals Former PN 121
      SC Gen 12Supreme Court - ecmCourt Protocol22 Mar 2006
      SC Gen 13Supreme Court – Search Orders (also known as ‘Anton Piller Orders’)14 Jun 2006
      SC Gen 14Supreme Court – Freezing Orders (also known as 'Mareva orders'or 'asset preservation orders’)14 Jun 2006


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