Date:

11/15/2004

New South Wales
Supreme Court Rules (Amendment No 397) 2004
under the
Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 15 November 2004.

Steven Jupp
Secretary of the Rule Committee

Explanatory note
Rule 5 (b) (vi) of Part 12 of the Supreme Court Rules 1970 currently assigns to the Equity
Division of the Supreme Court any proceedings in the Court in relation to any provision in
any Act or Commonwealth Act by which a tax, fee, duty or other impost is levied, collected
or administered by or on behalf of the State or the Commonwealth.
The object of these Rules is to amend rules 4 and 5 of Part 12 to make it clear that any
proceedings for debt in relation to any such provision of an Act is assigned to the Common
Law Division while proceedings for any other kind of relief are assigned to the Equity
Division.

Supreme Court Rules (Amendment No 397) 2004
under the
Supreme Court Act 1970

1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 397) 2004.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in Schedule 1.

Schedule 1 Amendments
(Rule 2)
[1] Part 12
Insert after rule 4 (3):
(4) There are assigned to the Common Law Division any
proceedings in the Court for debt arising under any provision in
any Act or Commonwealth Act by which a tax, fee, duty or other
impost is levied, collected or administered by or on behalf of the
State or the Commonwealth.
[2] Part 12, rule 5
Insert “(other than proceedings for debt that are assigned to the Common Law
Division by rule 4 (4))” after “the Commonwealth” in rule 5 (b) (vi).