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Supreme Court Rules (Amendment No 394) 2004


Date:
08/16/2004



    Supreme Court Rules (Amendment No 394) 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 16 August 2004.

    Steven Jupp
    Secretary of the Rule Committee

    Explanatory note
    The object of these Rules is to amend the Supreme Court Rules 1970:
    (a) to make further provision with respect to the orders and decisions of Masters that may
    be appealed to the Court of Appeal, and
    (b) to revise and restate the powers of the Court under certain Acts and Regulations that
    Masters may exercise.

    1 Name of Rules
    These Rules are the Supreme Court Rules (Amendment No 394) 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 60, rule 17
    Omit “or” from rule 17 (g) where thirdly occurring.
    [2] Part 60, rule 17 (h)
    Omit “or”.
    [3] Part 60, rule 17 (j)
    Omit “brought.” Insert instead “brought, or”.
    [4] Part 60, rule 17 (k)
    Insert after rule 17 (j):
    (k) where the decision of the master is a final decision other
    than:
    (i) a decision on an application for a summary
    judgment, or
    (ii) a decision on an application for a summary
    dismissal of proceedings.
    [5] Schedule D Powers of Masters
    Omit Part 1. Insert instead:

    Part 1 Powers under NSW and Commonwealth
    Acts and regulations
    Column 1Column 2Column 3
    Act or regulation and provisionDescriptionRestriction
    Administration of Justice
    Act 1924:
    • section 5

    Arbitration (Civil Actions)
    Act 1983:
    • section 12 (1)


    Bills of Sale Act 1898:
    • section 4B

    Business Names Act 1962:
    • section 14


    Business Names Act 2002:
    • section 23 (2)



    Charitable Fundraising
    Act 1991:
    • section 32

    Commercial Arbitration
    Act 1984:
    • section 18 (1)

    • section 30

    • section 35 (1) (a)

    • section 36

    • section 46 (2) (a)


    • section 48

    • section 53

    • section 54

    • section 60 (d)

    Companies Act 1961:
    • section 363

    Companies Code:
    • section 123

    • section 212


    • Part 12, Division 2

    • section 396 (4)


    • section 401

    • section 402


    • section 406


    • Part 12, Division 4




    • Part 12, Division 6




    • section 533

    • section 536


    • section 539





    • section 541



    Companies (New South Wales)
    Regulations

    • regulation 78

    • regulation 81

    • regulation 87

    • regulation 90

    • regulation 96

    • regulation 118

    • regulation 123

    • regulation 125

    • regulation 126

    • regulation 134

    • regulation 143


    Confiscation of Proceeds of
    Crime Act 1989:
    • section 77


    • section 82 (1)



    Contractors Debts Act 1997:
    • section 14

    Conveyancers Licensing
    Act 1995:
    • section 77


    • section 85

    Conveyancing Act 1919:
    • section 36A

    • section 66G

    • section 89


    • section 98 (1)


    Corporations Act 2001 of the
    Commonwealth:
    • section 274


    • Part 5.3A




    • Part 5.4

    • section 461


    • Part 5.4B


    • section 495 (4)

    • section 500

    • section 504


    • Part 5.6



    • Part 5.7


    • section 597


    • section 1274


    • section 1319


    • section 1321




    • section 1322





    • section 1324




    • section 1335


    Corporations Regulations 2001
    of the Commonwealth:
    • Part 5.6

    Damages (Infants and Persons
    of Unsound Mind) Act 1929:
    • section 4

    • section 5


    • section 7



    District Court Act 1973:
    • section 143

    • section 145

    Exotic Diseases of Animals
    Act 1991:
    • section 62


    Family Provision Act 1982

    Foreign Judgments Act 1973:
    • sections 6, 8, 9


    Foreign Judgments Act 1991 of
    the Commonwealth:
    • sections 6, 7, 8, 9


    Insurance Act 1902:
    • section 17A (1)

    International War Crimes
    Tribunals Act 1995 of the
    Commonwealth:
    • section 45 (1)


    Judgment Creditors’ Remedies
    Act 1901:
    • Part 5

    Jury Act 1977:
    • section 38 (1) (b)

    Land and Environment Court
    Act 1979:
    • section 72


    Landlord and Tenant Act 1899:
    • section 2A (3)

    • section 9 (1)

    • section 9 (2)


    • section 10

    • section 27 (2)

    • section 27 (3)

    Legal Profession Act 1987:
    • section 80 (7) (d)


    • section 87 (4) (b)


    • section 90C

    • section 102


    • section 208L


    • section 208M



    • section 208N



    • section 209C



    Limitation Act 1969:
    • section 58 (2)


    • section 59 (2)


    • section 60 (2)


    • sections 60C–60H

    • section 73 (1)


    • Schedule 5 clause 5 (5)

    Married Persons (Equality of
    Status) Act 1996:
    • section 13

    Minors (Property and Contracts)
    Act 1970:
    • section 41 (3)

    Motor Accidents Act 1988:
    • section 42 (4)

    • section 42 (5)

    • section 43A (7), 44B

    • section 47A

    • section 48


    • section 52 (4)

    • section 66A (1)

    Motor Accidents Compensation
    Act 1999:
    • section 36 (5)

    • section 36 (7), (8)

    • section 70 (2)

    • section 70 (3)

    • section 73 (4), 76

    • section 79

    • section 85



    • section 109 (1)

    • section 119 (1)

    Motor Vehicles (Third Party
    Insurance) Act 1942:
    • section 14E (1) and (2)

    Mutual Assistance in Criminal
    Matters Act 1987 of the
    Commonwealth:
    • section 34A



    • section 34A (5)




    • section 34G

    Offshore Minerals Act 1994 of
    the Commonwealth:
    • section 351 (1) (a)

    • section 351 (1) (c)

    • section 351 (2)

    Offshore Minerals Act 1999:
    • section 351 (1) (a)

    • section 351 (1) (c)

    • section 351 (2)


    Proceeds of Crime Act 1987 of
    the Commonwealth:
    • section 23A (2)




    • Division 1 of Part 2-2

    Property (Relationships)
    Act 1984

    Property, Stock and Business
    Agents Act 1941:
    • section 83J


    • section 83V


    Property, Stock and Business
    Agents Act 2002:
    • section 160


    • section 161


    Real Property Act 1900:
    • section 74D (2)

    • section 74K (2)

    • section 74MA (2)

    • section 74O

    Service and Execution of Process
    Act 1992 of the Commonwealth:
    • section 17 (1)


    • section 57 (1)


    • section 67 (1)

    • section 76 (1)


    • section 79 (1)

    Testator’s Family Maintenance
    and Guardianship of Infants
    Act 1916

    Trustee Act 1925:
    • section 63

    • section 70

    • section 71

    • section 75 (1)

    • section 81

    • Part 4

    Trustee Companies Act 1964:
    • section 15B (4)

    • section 21 (2)

    • section 22

    • section 27 (1)

    Wills, Probate and
    Administration Act 1898:
    • section 13

    • section 15A

    • section 84

    • section 146


    Workers Compensation
    Act 1987:
    • section 151A (5) (as
    continued in effect by
    Part 18C of Schedule 6)

    • section 151C

    • section 151D
    .
    .
    Enforcement of judgment of
    British dominion


    Order to witness to attend


    Extension of time for registering, filing etc


    Persons in default; orders for
    compliance or stay of proceedings


    Contraventions of Act;
    orders for compliance or
    adjournment of proceedings



    Disposition of assets

    ..

    Examination before the Court

    Correcting award

    Delivery of award

    Costs of abortive arbitration

    Terminating proceedings for
    delay

    Extension of time

    Stay of proceedings

    Interpleader

    Service of notices


    Security for costs


    Reduction of capital

    Rectification of Register of
    Company Charges

    Winding up by the Court

    Members’ voluntary winding up: meeting

    Creditors’ voluntary winding up

    Creditors’ voluntary winding up: recognized company

    Voluntary winding up:
    remuneration of liquidator

    Winding up: companies




    Winding up: bodies other
    than companies



    Security for costs, etc

    Directions: meetings ordered by the Court

    Irregularities, extension of
    time, etc




    Examination of persons
    concerned with corporations





    Liquidator’s account

    Deposit with liquidator

    Costs of meeting

    Adjournment of meeting

    Votes of secured creditors

    Bills of exchange

    Costs of proof

    Dealing with proof

    Time for appeal

    Time for appeal

    Distribution of surplus




    Registration of interstate
    forfeiture order etc

    Order for cancellation of
    registration of interstate
    forfeiture order etc


    Attachment order



    Directions relating to a
    receiver

    Bill of costs


    Division of chattels

    Trustees for sale

    Modification of easements,
    etc

    Amount due by absent, etc
    mortgagee



    Rectification of register of
    company charges

    Administration of
    company’s affairs with view
    to executing deed of
    company arrangement

    Winding up

    Winding up


    Winding up


    Members’ voluntary
    winding up: meeting

    Creditor’s voluntary winding up

    Voluntary winding up:
    remuneration of liquidator

    Winding up: companies



    Winding up: bodies other
    than companies

    Examination of persons
    concerned with corporations

    Directions to make good
    default in lodgement of documents

    Directions, meetings ordered
    by the Court

    Appeals from decisions of
    receivers, liquidators etc



    Irregularities, extension of
    time etc




    Injunctions




    Security for costs etc




    Winding up



    Sanctioning settlements, etc

    Directions, etc, as to money
    paid to Public Trustee

    Assessments, directions,
    certificates and references as
    to costs


    Transfers to District Court

    Removal of proceedings



    Disputed claims for
    compensation

    Family provision


    Enforcement of judgment of
    a country



    Enforcement of judgment of
    a country

    Joinder of insurer etc





    Registration of a forfeiture
    order


    Charging orders


    Excusing juror



    Transfer to Land and
    Environment Court


    Time for writ of possession

    Payment into Court

    Direction for entry of
    judgment

    Stay

    Relief relating to bond

    Cancellation of bond


    Claim against Fidelity Fund;
    time

    Final date for claim against
    Fund

    Enforcement against Fund

    Directions relating to a
    receiver

    Appeal against decision of
    costs assessor

    Leave to appeal, appeal:
    determination of costs
    assessor

    Suspension of costs determination and ending
    suspension

    Order for barrister or solicitor to give to a client a bill of costs or certain documents




    Extension of limitation period—personal injury action not surviving

    Extension of limitation period—personal injury action which survives

    Extension of limitation Period -
    compensation to relatives claim

    Personal injury cases

    Extension of limitation period—arbitration

    Transitional provisions


    Fraudulent investment of
    spouse’s money



    Removal of proceedings

    Explanation for non compliance

    Allow proceedings to continue

    Dismiss proceedings

    Joinder of insurer

    Co-operation with person against whom claim made and the person’s insurer

    Commencing proceedings

    Joinder of insurer


    Extension of time for giving
    Notice

    Joinder of Nominal Defendant

    Explanation for noncompliance

    Allow proceedings to continue

    Dismiss proceedings

    Joinder of insurer

    Co-operation with person against whom claim made and the person’s insurer

    Commencing proceedings

    Joinder of insurer



    Joint hearing and transfer




    Registration of a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order

    Registration of amendment to a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order

    Order cancelling registration



    Removal of caveat

    Extending caveat

    Non-registration of further caveat


    Removal of caveat

    Extending caveat

    Non registration of further
    caveat



    Direction to DPP to give or
    publish notice of registration
    Proceeds of Crime Act 2002 of
    the Commonwealth:

    Forfeiture order

    De facto relationships
    Domestic relationships



    Directions relating to a
    receiver

    Directions relating to a
    receiver



    Directions relating to a
    receiver

    Directions relating to a
    receiver


    Extending caveat

    Extending caveat

    Withdrawal of caveat

    Further caveat


    Shortening of time for
    appearance

    Leave to serve a subpoena
    outside the State etc

    Order to produce

    Leave to serve a subpoena
    outside the State etc


    Order to produce


    Maintenance


    Judicial advice

    New trustees

    Vesting orders

    Deceased mortgagee

    Advantageous dealings

    Payment into Court


    Directions

    Ordering account

    Ordering audit

    Payment out



    Gift to interested witness

    Effect of termination of marriage

    Application for legacy, etc

    Caveat: application for grant
    to proceed



    Leave to revoke election



    Commencing proceedings

    Commencing proceedings
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    .
    ..
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    For making award only















    Except sections 377 (5) and 388











    In a winding up by the Court and except sections 417 (2), 420,
    423 (1), 427 (2), 454 and 462 (6) of the Code

    Except in respect of sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the
    Code






    Restricted orders or
    declarations in or for the purposes of proceedings for other relief under the Code which the master may grant





































































    Where the application
    is not opposed

    Except ss 472 (2), (3)
    and (6), 486A, 486B
    and 487








    In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2) and 568

    Except in respect of ss 532 (2), 536, 540 (1), 544 (2) and 568










    Restricted to appeals in respect of
    decisions under section 430 (3) or
    475 (8) of the Corporations Act 2001


    Restricted to orders or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the Master may grant


    Restricted to orders where it is alleged that there has been an
    Inappropriate reduction of capital or share buy back








































































































































































































































    Except sections 13 to 21 inclusive
    (guardianship)












    Except section 97 (2)




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