Date:

08/05/2005

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Supreme Court Rules (Amendment No 405) 2005

under the Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the Supreme Court Act 1970 on 4 August 2005.

Steven Jupp
Secretary of the Rule Committee

Explanatory note
The object of these Rules is to amend the Supreme Court Rules 1970 as a consequence of the commencement of the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules 2005.

Supreme Court Rules (Amendment No 405) 2005

under the

Supreme Court Act 1970

1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 405) 2005.

2 Commencement
These Rules commence on the commencement of section 9 of the Civil
Procedure Act 2005.

3 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in Schedule 1.


Amendments Schedule 1

Schedule 1 Amendments (Rule 3)

[1] All Parts and Schedules
Omit “a master” and “a master’s”, wherever occurring.
Insert instead “an associate Judge” and “an associate Judge’s”, respectively.

[2] All Parts and Schedules
Omit “master”, “master’s”, “masters” and “masters’” wherever occurring
(otherwise than as referred to in item [1]).
Insert instead “associate Judge”, “associate Judge’s”, “associate Judges” and
“associate Judges’”, respectively.

[3] All Parts and Schedules
Omit “a Master” and “a Master’s”, wherever occurring.
Insert instead “an associate Judge” and “an associate Judge’s”, respectively.

[4] All Parts and Schedules
Omit “Master”, “Master’s”, “Masters” and “Masters’” wherever occurring
(otherwise than as referred to in item [3]).
Insert instead “associate Judge”, “associate Judge’s”, “associate Judges” and
“associate Judges’”, respectively.

[5] Part 1, rules 3–7, 9A, 9B, 10 and 10A
Omit the rules.

[6] Part 1, rule 8
Insert in alphabetical order in rule 8 (1):
associate Judge includes an acting associate Judge, and also
includes the Protective Commissioner.

[7] Part 1, rule 8
Omit the definitions of Central West, Commercial List, examiner,
incommunicate person, master, Northern Rivers district, pleading,
Possession List, Professional Negligence List, Technology and Construction
List and writing from rule 8 (1).

[8] Part 1, rule 8
Omit rule 8 (4).

[9] Part 1, rule 11
Insert at the end of rule 11:
(2) A reference in any such form to a provision of these rules
includes a reference to the corresponding provision (if any) of the
Uniform Civil Procedure Rules 2005.

(3) If a form is approved under section 17 of the Civil Procedure Act
2005 in relation to the same matter as that for which a form is
prescribed in Schedule F, the form to be used is the approved
form and not the prescribed form.
[10] Part 1, rules 11A, 12 and 14
Omit the rules.

[11] Parts 1B and 2–11
Omit the Parts.

[12] Part 12, rules 1 and 1A

Insert before rule 2:

1 Assignment of business to Divisions and Lists
(1) Proceedings in the Court under an Act or instrument referred to
in Column 1 of Part 1 or 2 of Schedule I (or, if applicable, under
a provision of the Act or instrument referred to in Column 2 of
that Part) are assigned:

(a) to the Division of the Court referred to in Column 3 of that
Part in respect of that Act or instrument, and
(b) if applicable, to the List referred to in Column 4 of that Part
in respect of that Act or instrument.

(2) If satisfied that it is proper to do so, the Court may order that any
proceedings be entered in, or removed from, any List, and may
give such further directions as to the continuance of the
proceedings as it thinks fit.

(3) The following proceedings in the Court are assigned to the
Common Law Division:

(a) proceedings for a debt arising under any Act (including
any Commonwealth Act) by which any tax, fee, duty or
other impost is collected or administered by or on behalf of
the State or the Commonwealth,

(b) proceedings on an appeal or application to the Court:

(i) in respect of a decision of a public body (other than
a court or tribunal) or public officer (other than an
officer of a court or tribunal), or

(ii) for the removal into the Court of any matter before
a public body (other than a court or tribunal) or
public officer (other than an officer of a court or
tribunal),

(c) proceedings on an appeal or application to the Court in
respect of:

(i) a decision of a public body constituted or
established by or under a Commonwealth Act (other
than a court exercising federal jurisdiction within
the meaning of section 26 of the Acts Interpretation
Act 1901 of the Commonwealth), or

(ii) a decision of a person holding or acting in a public
office under a Commonwealth Act (other than an
officer of a court referred to in subparagraph (i)).
1A Procedure under particular Acts
The provisions of Schedule J with respect to proceedings under
an Act or instrument referred to in that Schedule apply to
proceedings in the Court under that Act or instrument.

[13] Part 12, rules 4, 5 and 7
Omit the rules.

[14] Part 13
Omit the Part.

[15] Part 14, rule 1
Omit rule 1 (2) (c). Insert instead:
(c) proceedings that are assigned to any Division or List
pursuant to Part 12 rule 1 and Schedule I.

[16] Part 14, rules 2 and 3
Omit the rules. Insert instead:
2 Exclusion of rules
Rule 31.10 of the Uniform Civil Procedure Rules 2005 does not
apply to any proceedings entered, or intended to be entered, in the
List.

3 Appeals
Rules 46.4, 46.9, 46.10 and 46.11 of the Uniform Civil Procedure
Rules 2005 do not apply to proceedings entered, or intended to be
entered, in the List.

[17] Part 14, rule 5
Omit “Notwithstanding Part 4 rule 2, where”. Insert instead “If”.

[18] Part 14, rule 6
Omit “next under the heading and title”.

[19] Part 14, rule 10
Omit “Part 41 rule 11 (1) shall not” from rule 10 (3).
Insert instead “Rule 36.11 (1) of the Uniform Civil Procedure Rules 2005 does
not”.

[20] Part 14A, rule 3
Omit the rule. Insert instead:
3 Exclusion of rules
Rule 31.10 of the Uniform Civil Procedure Rules 2005 does not
apply to any proceedings entered, or intended to be entered, in the
List.

[21] Part 14A, rule 4
Omit “Notwithstanding Part 4, rule 2, where”. Insert instead “If”.

[22] Part 14A, rule 5
Omit rule 5 (2).

[23] Part 14A, rule 7
Omit “Part 41, rule 11 (1)” from rule 7 (2).
Insert instead “Rule 36.11 (1) of the Uniform Civil Procedure Rules 2005”.

[24] Part 14B, rule 6
Omit “under the heading and title of”. Insert instead “to”.

[25] Part 14B, rules 7 and 8
Omit the rules.

[26] Part 14C, rule 3
Omit “under the heading and title of” from rule 3 (1). Insert instead “in”.

[27] Part 14C, rules 6 and 7
Omit the rules.

[28] Part 14D, rule 1

Omit rule 1 (a) (ii). Insert instead:

(ii) proceedings assigned to the Administrative Law
List pursuant to Part 12 rule 1 and Schedule I,

[29] Part 14D, rule 2
Omit “under the heading and title of” from rule 2 (1). Insert instead “to”.

[30] Parts 15, 15A, 16, 17–32, 32A, 33–36, 36A and 37–47
Omit the Parts.

[31] Part 50
Omit the Part.

[32] Part 51, rule 2
Omit rule 2 (4) (a). Insert instead:

(a) proceedings to which Part 28 of the Uniform Civil
Procedure Rules 2005 applies, except an appeal to the
Court of Appeal from the decision of the Court in a
Division in proceedings to which that Part applies, or

[33] Part 51, rule 3
Omit rule 3 (3).

[34] Part 51, rule 7
Omit “where an application made under subrule (2) of Part 19 rule 2 for any
of the forms of relief specified in Part 28 rule 1, rule 2 and rule 3 has been
refused”.

Insert instead “where an application made under rule 18.2 (2) of the Uniform
Civil Procedure Rules 2005 for an order under rule 25.2, 25.3 or 25.4 of those
rules has been refused”.

[35] Part 51, rule 16
Omit “Part 53 Division 1” from rule 16 (3).
Insert instead “Division 6 of Part 42 of the Uniform Civil Procedure Rules
2005”.

[36] Part 51, rule 38
Omit the rule.

[37] Part 51, rule 50
Omit “under Part 5 rule 3” from rule 50 (1).

[38] Part 51, rule 57
Omit “notwithstanding subrules (2) and (3) of Part 65 rule 1 (which relates to
the title),” from rule 57 (a).

[39] Part 51, rule 58
Omit “Part 40 rule 8” from rule 58 (1A) (a).
Insert instead “rule 12.8 of the Uniform Civil Procedure Rules 2005”.

[40] Part 51, rule 58
Omit “Part 44 rule 5” from rule 58 (1A) (b).
Insert instead “section 135 of the Civil Procedure Act 2005”.

[41] Parts 51AA, 51A, 52, 52A and 53
Omit the Parts.

[42] Part 54, rule 2
Omit rule 2 (2).

[43] Part 56
Omit the Part.

[44] Part 57, rule 3
Omit “pursuant to Part 9 rule 10” from rule 3 (2).
Insert instead “pursuant to rule 10.14 of the Uniform Civil Procedure Rules
2005”.

[45] Part 58, rule 2
Omit the rule. Insert instead:
2 Application of Uniform Civil Procedure Rules 2005
Subject to rules 3, 4, 5 and 6, rules 24.7–24.16 of the Uniform
Civil Procedure Rules 2005 apply to an examination pursuant to
an order under this Part:

(a) as if the matter pending before the requesting court were
proceedings in the Court, and
(b) as if the order were made under rule 24.3 of those rules in
those proceedings, and
(c) where a Judge, associate Judge or registrar is appointed
under section 33 of the subject Act, as if an order were
made under rule 24.3 of those rules for the examination of
a person on oath before a Judge, associate Judge or
registrar.

[46] Part 58, rule 4
Omit “Subrules (5) and (6) of rule 9 of Part 27” from rule 4 (1).
Insert instead “The provisions of rule 24.14 (4) and (5) of the Uniform Civil
Procedure Rules 2005”.

[47] Part 58, rule 4
Omit “Part 27 rule 8A” from rule 4 (2).
Insert instead “rule 24.13 of the Uniform Civil Procedure Rules 2005”.

[48] Part 58, rule 5
Omit “Part 27 rule 8A” from rule 5 (a).
Insert instead “rule 24.13 of the Uniform Civil Procedure Rules 2005”.

[49] Part 59
Omit the Part.

[50] Part 59A, rule 4
Omit “Part 53 rule 2 (1)”.
Insert instead “rule 42.21 of the Uniform Civil Procedure Rules 2005”.

[51] Part 59A, rule 9
Omit rule 9 (3). Insert instead:

(3) During the period before the expiry of the time fixed under
section 6 (4) of the subject Act or under rule 8 (1) within which
the judgment debtor may file notice of a motion for an order
setting aside the registration, the judgment creditor may not,
except by leave of the Court, take any step for enforcement of the
judgment.

[52] Part 60, rule 1A
Omit rule 1A (4A).

[53] Part 60, Divisions 2 and 3
Omit the Divisions.

[54] Part 61, rules 1, 2, 2A, 2B and 3
Omit the rules.

[55] Part 61, Division 2
Omit the Division.

[56] Parts 62–65
Omit the Parts.

[57] Part 65A, rule 5
Omit “Notwithstanding Part 65 rule 1 in” from rule 5 (2). Insert instead “In”.

[58] Part 65C, rule 4
Omit “Notwithstanding Part 36 rule 3” from rule 4 (5).
Insert instead “Despite rule 31.2 of the Uniform Civil Procedure Rules 2005”.

[59] Part 65C, rule 4
Omit rule 4 (6).

[60] Part 65C, rule 7
Insert “and the Uniform Civil Procedure Rules 2005” after “These rules”.

[61] Part 65C, rule 9
Omit rule 9 (3). Insert instead:

(3) Subrule (2) does not affect the powers of the Court under Part 7
of the Uniform Civil Procedure Rules 2005.

[62] Part 65C, rule 10
Omit “Part 36 rule 3”.
Insert instead “Rule 31.2 of the Uniform Civil Procedure Rules 2005”.

[63] Part 66
Omit the Part.

[64] Part 67, rule 11B
Omit the rule.

[65] Part 67, rule 12
Omit “by Part 16 rule 1” from rule 12 (1).
Insert instead “by rule 15.1 of the Uniform Civil Procedure Rules 2005”.

[66] Part 67, rule 17
Omit “by Part 16 rule 1” wherever occurring in rule 17 (3) and (5).
Insert instead “by rule 15.1 of the Uniform Civil Procedure Rules 2005”.

[67] Part 67, rule 18
Omit “by Part 16 rule 1” from rule 18 (1).
Insert instead “by rule 15.1 of the Uniform Civil Procedure Rules 2005”.

[68] Part 67, rule 19
Omit “by Part 16 rule 1” from rule 19 (1) (d).
Insert instead “by rule 15.1 of the Uniform Civil Procedure Rules 2005”.

[69] Part 68, rule 5
Omit rule 5 (4). Insert instead:
(4) This rule has effect despite rule 6.20 of the Uniform Civil
Procedure Rules 2005.
Supreme Court Rules (Amendment No 405) 2005

[70] Part 68, rule 7
Omit rule 7 (2). Insert instead:
(2) Subrule (1) does not affect the power of the Court under rule 6.6
of the Uniform Civil Procedure Rules 2005.

[71] Part 70, rule 3
Omit “Notwithstanding Part 7 rule 1 (2)” from rule 3 (2).
Insert instead “Despite rule 6.12 (2) of the Uniform Civil Procedure Rules
2005”.

[72] Part 70, rule 12
Omit “serial number under Part 1 rule 10” from rule 12 (2).
Insert instead “case number or other unique identifier under rule 4.11 of the
Uniform Civil Procedure Rules 2005”.

[73] Part 71A, rule 2
Omit rule 2 (1).

[74] Part 71A, rule 2
Omit “in the Common Law Division” wherever occurring in rule 2 (3) and
(4) (b).

[75] Part 72
Omit the Part.

[76] Part 72A, rule 1A
Omit the rule.

[77] Part 72A, rule 7
Omit “Part 37 (except Part 37 rules 2 (2), 3A, 4, 7 (4), 7A)” from rule 7 (1).
Insert instead “Part 33 of the Uniform Civil Procedure Rules 2005”.

[78] Part 72A, rule 8
Omit the rule. Insert instead:

8 Order for examination of witness
(1) Rule 24.3 of the Uniform Civil Procedure Rules 2005 applies for
the purpose of an arbitration to which the subject Act applies as
it applies for the purpose of proceedings in the Court.

(2) Where any order is made pursuant to subrule (1), Part 24 of the
Uniform Civil Procedure Rules 2005 applies as if:
(a) a reference in that Part to proceedings included a reference
to the arbitration proceedings, and
(b) the provisions of rule 24.14 (4), (5) and (6) were omitted.

(3) Unless the Court otherwise orders, the examiner must send the
deposition, a copy of the deposition, any document which
constitutes an audio-visual recording and the exhibits to the
registrar.

(4) On receiving the copy of the deposition, the registrar must file it
in the proceedings on the examination.

(5) The Court may make orders for the transmission to the arbitrator
of the deposition, document, any exhibit or copy of any exhibit
and any such deposition, document, exhibit or copy is deemed to
have been taken or received (as the case requires) in the course of
the arbitration proceedings.

[79] Parts 72B and 72C
Omit the Parts.

[80] Part 73, rule 2
Omit the rule.

[81] Part 73, rule 4
Omit “under Part 5” from rule 4 (1) (a).

[82] Part 73, rule 4
Omit “Despite Part 5, a summons” from rule 4 (6).
Insert instead “A summons”.

[83] Part 74
Omit Divisions 1 and 2.

[84] Part 74, rule 6
Omit “above the title of”. Insert instead “to”.
Supreme Court Rules (Amendment No 405) 2005

[85] Part 75, rules 2 and 3
Omit rules 2 and 3. Insert instead:

2 Rules applicable
The following provisions of these rules apply, so far as
applicable, to proceedings specified in the Third Schedule to the
Act (except clause (d) of that Schedule) and to proceedings to
which Division 2 applies:
(a) Part 1 (preliminary matters),
(b) Part 1A (sittings and vacations),
(c) Part 2 (time),
(d) Part 55 (procedure for punishment for contempt),
(e) Part 61 rules 1 (4), (5) and (6), 2 and 3 (registrars),
(f) Schedule F, forms 74AA, 74AB, 74AC and 74AD
(subpoenas),
(g) clause 1 of the matter relating to the Jury Act 1977 in
Schedule J.
3 Rules applicable
(1) The following provisions of the Uniform Civil Procedure Rules
2005 apply, so far as applicable, to proceedings specified in the
Third Schedule to the Act (except clause (d) of that Schedule) and
to proceedings to which Division 2 applies:
(a) Part 1 (preliminary matters),
(b) rules 2.1 and 2.2,
(c) Part 4 (preparation and filing of documents), other than
rules 4.2, 4.9 and 4.12,
(d) Part 10 (service of documents generally), other than rules
10.7 and 10.16,
(e) rule 29.13 (record of trial to be kept),
(f) rules 31.7, 31.11, 31.12, 31.21 and 31.22,
(g) Part 33 (subpoenas), other than:
(i) rules 33.3 (8), 33.6 (1) and 33.7, and
(ii) if the issuing party is the Crown, rules 33.2 (3), 33.5
and 33.11,
(h) Part 35 (affidavits).

(2) Part 10 of the Uniform Civil Procedure Rules 2005 (other than
rules 10.7 and 10.16) applies, so far as applicable, to service of a
notice of listing under clause 10 (2) of the Criminal Procedure
Regulation 1987.

(3) For the purposes of subrule (2), the address contained in a notice
filed in the registry under clause 6 (1) of the Criminal Procedure
Regulation 1987 of an accused person’s solicitor is taken to be
the accused person’s address for service.

(4) Subject to subrule (5), Rule 31.3 of the Uniform Civil Procedure
Rules 2005 applies to proceedings specified in the Third
Schedule to the Act (except clause (d) of that Schedule) and to
proceedings to which Division 2 applies.
(5) Orders may not be made under Rule 31.3 of the Uniform Civil
Procedure Rules 2005:
(a) in respect of the evidence given by a person against whom
the proceedings are brought (an accused), or
(b) that prevent an accused from attending any part of the
proceedings,
without the consent of that accused.

(6) Rule 31.5 of the Uniform Civil Procedure Rules 2005 applies to
proceedings specified in the Third Schedule to the Act (except
clause (d) of that Schedule) and to proceedings to which Division
2 applies as if the time fixed for giving notice were not later than
21 days before the date fixed for hearing.

[86] Part 75, rule 3A
Omit rule 3A (1) and (2).

[87] Part 75, rule 3A
Omit “the subject Act” from rule 3A (3).
Insert instead “the Children (Criminal Proceedings) Act 1987”.

[88] Part 75, rule 3B
Omit the rule. Insert instead:
3B Registrar may exercise certain powers and functions
(1) Any power or function in relation to civil proceedings:
(a) that is conferred on a registrar by a provision of these rules
referred to in rule 2, or
(b) that is conferred on a registrar by a provision of the
Uniform Civil Procedure Rules 2005 referred to in rule 3,
or
(c) that is required to be exercised by a registrar by an
instrument under section 13 of the Civil Procedure Act
2005,
may be exercised by the registrar in relation to proceedings
specified in the Third Schedule to the Act (except clause (d) of
that Schedule) and proceedings to which Division 2 applies.

(2) This rule does not apply to a power or function that is required to
be exercised by a registrar by an instrument under section 13 of
the Civil Procedure Act 2005 if the instrument states, or
necessarily implies, that the registrar may exercise the power or
function in relation to civil proceedings only.

(3) In this rule, civil proceedings has the same meaning as it has in
the Civil Procedure Act 2005.

[89] Part 75, rule 3C
Omit “Part 27”.
Insert instead “Part 24 of the Uniform Civil Procedure Rules 2005”.

[90] Part 75, rule 3HA
Insert after rule 3H:
3HA Criminal proceedings (cf former Part 27, rule 1B)
(1) If a person has been committed for trial or is to be dealt with
before the Court, a proceeding between the prosecuting authority
and the person is taken to be before the Court for the purposes of
any application to the Court under section 6 or 20 of the Evidence
on Commission Act 1995 or under section 7 of the Foreign
Evidence Act 1994 of the Commonwealth.

(2) Any such application is to be made:
(a) in a proceeding which is before the Court under subrule
(1)—by summons, or
(b) in proceedings which are specified in the Third Schedule
to the Act—by motion in the proceedings as if the
proceedings had been commenced by summons, or
(c) in proceedings in the Court in its summary jurisdiction—
by motion in the proceedings.

(3) If a person has been committed for trial or to be dealt with before
the District Court, a proceeding between the prosecuting
authority and the person is taken to be before the District Court
for the purposes of any application to the Court under section 9
or 23 of the Evidence on Commission Act 1995 or under section
10 of the Foreign Evidence Act 1994 of the Commonwealth.

[91] Part 75, rule 3I
Omit “Part 27 rule 1B (2)”. Insert instead “rule 3HA”.

[92] Part 75, rule 5A
Omit the rule.

[93] Part 75, rule 6
Omit the rule. Insert instead:
6 Rules applicable
In addition to the rules mentioned in rules 2 and 3, the following
provisions of the Uniform Civil Procedure Rules 2005 apply, so
far as applicable, to proceedings to which this Division applies:
(a) rule 4.10,
(b) rules 6.15 and 6.16,
(c) Part 19,
(d) rule 34.1,
(e) Part 36.

[94] Part 75, rule 14
Insert after rule 13:
14 Arrest warrants (cf former Part 42, rule 7)

(1) Subject to rules of court:
(a) if, by subpoena or otherwise, the Court makes an order,
whether under an Act or under rules of court:
(i) for a person to attend the Court for any purpose, or
(ii) for a person to produce any document or thing to the
Court, and
(b) the person fails to comply with the order,
the Court may issue, or make an order for the issue of, a warrant
for the person’s arrest.

(2) Subject to rules of court, an arrest warrant may be issued without
notice to the person.

(3) The Court may revoke an arrest warrant.

(4) An arrest warrant is sufficient authority for any person to whom
it is addressed, with the assistance of such police officers as may
be necessary, to arrest the person named in the warrant, to convey
the person to the place specified in the warrant and to deliver the
person into the custody of the Court sitting at that place.

[95] Part 76, rule 2
Omit the rule.

[96] Part 76, rule 3
Omit the rule. Insert instead:
3 Entry in Protective List
A party to proceedings that are entered, or to be entered in the
Protective List must add the words “Protective List” and “In the
matter of [name of person to whom proceedings relate]” in
appropriate places in each document filed in the proceedings.

[97] Part 76, rule 6
Omit “Part 37 rules 4, 5, 6 (4), (5), (7) and 7–10” from rule 6 (1).
Insert instead “Rules 33.4, 33.5, 33.6 (4) and (5) and 33.7–33.10 of the
Uniform Civil Procedure Rules 2005”.

[98] Part 76, rule 6
Omit “Part 37 rule 9” from rule 6 (3).
Insert instead “rule 33.11 of the Uniform Civil Procedure Rules 2005”.

[99] Part 76, rule 7
Omit the rule.

[100] Part 76, rule 51
Omit “, notwithstanding Part 51A rule 6 (3),”.

[101] Part 77
Omit the Part.

[102] Part 78, rule 3
Omit rule 3 (2) (a). Insert instead:
(a) there must be added to each document filed in the
proceedings the words “Probate List” and “In the matter of
[name of person to whom proceedings relate]”,

[103] Part 78, rule 3
Omit rule 3 (2) (b) (i).

[104] Part 78, rule 4C
Omit “Despite Part 5, a summons” from rule 4C (1).
Insert instead “A summons”.

[105] Part 78, rule 4D
Insert after rule 4C:
4D Bills for moderation
(1) A bill for moderation must be served on each executor,
administrator or trustee before it is filed.
(2) A request for moderation must be endorsed on the bill in the
prescribed form and signed by each executor, administrator and
trustee.

[106] Part 78, rule 5
Omit rule 5 (3).

[107] Part 78, rule 6 Review of registrar’s decision
Omit “Part 61 rule 3 (which relates to review of a registrar’s direction etc) does
not” from rule 6 (1).
Insert instead “Divisions 4 and 5 of Part 45 of the Uniform Civil Procedure
Rules 2005 do not”.

[108] Part 78, rule 8
Omit rule 8 (2).

[109] Part 78, rule 9
Omit rule 9 (3). Insert instead:
(3) Rules 6.14, 6.15 and 6.16 of the Uniform Civil Procedure Rules
2005 do not apply.

[110] Part 78, rule 34B
Omit rule 34B (3).

[111] Part 78, rule 34B
Omit “Part 8 rule 14” from rule 34B (4).
Insert instead “Rule 7.6 of the Uniform Civil Procedure Rules 2005”.

[112] Part 78, rule 34G
Omit rule 34G (3). Insert instead:
(3) Part 11 of the Uniform Civil Procedure Rules 2005 does not
apply to service of a notice under rule 34E.

[113] Part 78, rule 34H
Omit “Subject to subrule (3), Part 11” from rule 34H (2).
Insert instead “Division 3 of Part 6 of the Uniform Civil Procedure Rules
2005”.

[114] Part 78, rule 34H
Omit rule 34H (3). Insert instead:
(3) Rule 12.11 of the Uniform Civil Procedure Rules 2005 does not
apply to proceedings to which this Division applies.

[115] Part 78, rule 37
Omit “Part 18 rule 3”.
Insert instead “Rule 17.7 of the Uniform Civil Procedure Rules 2005”.

[116] Part 78, rule 55
Omit rule 55 (3). Insert instead:
(3) Part 11 of the Uniform Civil Procedure Rules 2005 does not
apply to service of a citation.

[117] Part 78, rule 56
Omit “Subject to subrule (2), Part 11” from rule 56 (1).
Insert instead “Division 3 of Part 6 of the Uniform Civil Procedure Rules
2005”.

[118] Part 78, rule 56
Omit rule 56 (2). Insert instead:
(2) Rule 12.11 of the Uniform Civil Procedure Rules 2005 does not
apply to proceedings to which this Division applies.

[119] Part 78, rule 58
Omit “Part 63 (which relates to disability)” from rule 58 (4).
Insert instead “Division 4 of Part 7 of the Uniform Civil Procedure Rules
2005”.

[120] Part 78, rule 59
Omit “Part 63 (which relates to disability)”.
Insert instead “Division 4 of Part 7 of the Uniform Civil Procedure Rules
2005”.

[121] Part 78, rule 69
Omit “Part 13” from rule 69 (5).
Insert instead “Part 13 of the Uniform Civil Procedure Rules 2005”.

[122] Part 79, rule 3
Omit the rule.

[123] Part 79, rule 23
Omit “Part 36”.
Insert instead “Division 1 of Part 31 of the Uniform Civil Procedure Rules
2005”.

[124] Part 79, rule 26
Omit the rule.

[125] Part 80, rule 2
Omit “under Part 5 rule 3” from rule 2 (1).

[126] Part 80, rule 5
Omit rule 5 (4).

[127] Part 80, rule 6
Omit the rule.

[128] Part 80, rule 8A
Omit “limited by Part 51A rule 3 (1)”.

[129] Part 80, rule 13
Omit the rule.

[130] Part 80, rule 21
Omit rule 21 (2).

[131] Part 80, rule 22
Omit “Part 21 rule 2 (b)”.
Insert instead “Rule 12.2 of the Uniform Civil Procedure Rules 2005”.

[132] Part 80, rule 23A
Omit the rule.

[133] Part 80, rule 39
Omit “under Part 29 rule 5 (2)” from rule 39 (2).
Insert instead “under Rule 26.6 (3) of the Uniform Civil Procedure Rules
2005”.

[134] Part 80, rule 55
Omit the rule.

[135] Part 80, rule 61
Omit “limited by Part 51A rule 3 (1)”.

[136] Part 80, rule 62
Omit “Notwithstanding Part 65 rule 7, a written record” from rule 62 (8).
Insert instead “A written record”.

[137] Part 80A, rule 3
Omit “Part 19 rule 1” wherever occurring.
Insert instead “rule 18.1 of the Uniform Civil Procedure Rules 2005”.

[138] Part 80A, rule 6
Omit the rule.

[139] Part 80A, rule 9
Omit rule 9 (2).

[140] Part 80A, rule 19
Omit “Notwithstanding Part 21 rule 2, proceedings”.
Insert instead “Proceedings”.

[141] Part 80A, rule 21
Insert “constituted by a Judge” after “the Court” in rule 21 (1).

[142] Part 80A, rule 21
Omit rule 21 (2). Insert instead:
(2) Subject to such changes as it is necessary to make, Divisions 4
and 5 of Part 45 of the Uniform Civil Procedure Rules 2005 apply
to an appeal under subrule (1) in the same way as they apply to
an appeal under Division 1 of that Part.

[143] Part 80A, rule 21
Omit rule 21 (3).

[144] Part 80A, rule 28
Omit “Part 29 rule 5 (2)” from rule 28 (2).
Insert instead “rule 26.6 (3) of the Uniform Civil Procedure Rules 2005”.

[145] Part 80A, rule 32
Omit rule 32 (2).

[146] Part 80A, rule 32
Omit “or by Part 51A rule 3 (1) as the case may be” from rule 32 (3).

[147] Part 80A, rule 36
Omit “Notwithstanding Part 65 rule 7, an affidavit” from rule 36 (5).
Insert instead “An affidavit”.

[148] Part 81, rule 4
Omit the rule.
Supreme Court Rules (Amendment No 405) 2005

[149] Part 81, rule 5
Omit “Part 4 rule 1 shall not”.
Insert instead “The requirements of the Uniform Civil Procedure Rules 2005
for a statement of claim or summons do not”.

[150] Part 81, rule 6
Omit the rule.

[151] Part 81, rule 7
Omit “under Part 5 rule 7” from rule 7 (1).
Insert instead “under Part 2 of the Uniform Civil Procedure Rules 2005”.

[152] Part 81, rule 7
Omit “under Part 26” from rule 7 (2).

[153] Part 81, rule 8
Omit the rule.

[154] Part 81, rule 9
Omit “under Part 5 rule 3” from rule 9 (2) (b).

[155] Part 82, rule 6
Omit the rule.

[156] Part 82, rule 7
Omit “Part 36 rule 3” from rule 7 (5).
Insert instead “rule 31.2 of the Uniform Civil Procedure Rules 2005”.

[157] Part 82, rule 7
Omit rule 7 (6).

[158] Part 83, rules 1–4
Omit the rules.

[159] Schedules A, B and C
Omit the Schedules.

[160] Schedule D
Omit from Columns 1, 2 and 3 of Part 2 of Schedule D the matter relating to
Parts 1B, 27, 28, 30, 32, 33, 34, 41, 42, 61 and 72.

[161] Schedule D
Omit “and 51AA” from Column 1 of Part 2 of Schedule D.

[162] Schedules E and H
Omit the Schedules.

[163] Schedules I, J and K
Omit the Schedules. Insert instead:


***See attached PDF file for Schedule 1 - pages 25 to 35


Schedule J Procedure under various Acts
(Part 12, rule 1A)

Part 1 Acts of New South Wales

Associations Incorporation Act 1984
1 Winding up (cf Part 80 rule 57, Part 80A rule 38 and Supreme Court
(Corporations) Rules 1999 rule 10.3)

(1) The rules relating to the winding up of bodies other than
companies (including, where applicable, the Supreme Court
(Corporations) Rules 1999) apply, so far as applicable, to, and in
relation to, the winding up by the Court of an incorporated
association.

(2) Part 80 rule 3 and Part 80A rule 3 (3) (which relate to additions
to the title) and the instructions concerning the title of the
corporation contained in Form 1 of the Supreme Court
(Corporations) Rules 1999 do not apply to proceedings under the
Act.

(3) Documents in proceedings for relief under section 50, 51, 53 or
58 must bear above the title, a reference to the name of the
incorporated association to which the proceedings relate together
with “the Corporations Act 2001 and the Associations
Incorporation Act 1984”.

2 Appeal from liquidator etc (section 58)
A person mentioned in section 58, may, on application in writing
made to the person before the expiration of the time limited for
instituting an appeal from his or her act, omission or decision
(other than the time extended by the Court), grant, by notice in
writing, an extension of that time and if he or she does so, he or
she must deliver the notice to the applicant, who must file the
notice with the summons instituting the appeal.
Australian Mutual Provident Society (Demutualisation and
Reconstruction) Act 1997

Application of rules
(1) The provisions of Part 80A, so far as applicable and making such
changes as it is necessary to make, apply to proceedings under the
Act commenced before the Supreme Court (Corporations) Rules
1999 commenced.

(2) The provisions of the Supreme Court (Corporations) Rules 1999,
so far as applicable and making such changes as it is necessary to
make, apply to all other proceedings under the Act.
Confiscation of Proceeds of Crime Act 1989

1 Statement in summons or notice of motion
(1) The applicant for an order under the Act must file with his or her
summons or notice of motion a statement in summary form of the
general nature of the facts and circumstances relied on.
(2) This clause does not apply to an application under section 77 or
82.
2 Notice of discharge of order (section 26)
Notice of discharge of an order mentioned in section 26 (2) must
be given by the appropriate officer on whose application the
order was registered by filing, in the court in which the order was
registered, a notice stating that the order was discharged and
annexing a sealed copy of the order quashing or discharging on
appeal.

3 Form of acceptance etc of allegation (section 31)
An allegation may be accepted or a matter may be indicated for
the purposes of section 31 (5) (b) in Form 89D or 89E, whichever
is appropriate.

4 Form (section 44 (2))
The form prescribed for the purposes of section 44 (2) is Form
89F.

5 Examination order: prescribed officer (section 45)
An officer prescribed for the purposes of section 45 (1) (c) is an
associate Judge or a registrar.

6 Notice (section 56 (2))
Notice of an application for the purpose of section 56 (2) must be
given by serving the notice of motion by which the application
was made personally on each other person who is entitled, by
virtue of section 45 (3) (a)–(c), to make an application under
section 45 in relation to the restraining order.

7 Information for production order or search warrant (sections 58 (1)
and 66 (1))
An information setting out the grounds mentioned in section
58 (1) or 66 (1) may be laid before the Court by filing an affidavit
setting out those grounds.

8 Registration of interstate orders (section 77)
(1) A register of orders to which section 77 applies (interstate
orders) must be kept in the registry.
(2) A copy mentioned in section 77 (2) is registered when it is
included in the register.
(3) Proceedings for registration of an interstate order must be
commenced by summons joining as defendant the person against
whom the order was made.
(4) The plaintiff may, unless the Court otherwise orders, proceed
without service of the summons on the defendant.
(5) If the plaintiff adds to the summons a request that the application
be granted under this subclause, the Court may make the order in
the absence of the public and without any attendance by or on
behalf of the plaintiff.
(6) If an order is made for registration of an interstate order, the
plaintiff must forthwith serve a minute of the order and the
interstate order on the defendant.
(7) The registration of an order mentioned in section 82 (1) is
cancelled when the registrar notes its cancellation on the copy
order included in the register.
9 Certifying facsimile copy (section 85 (1))
A facsimile copy of a sealed copy is certified for the purposes of
section 85 (1) if it includes a facsimile copy certificate in Form
89G.

Contractors Debts Act 1997
1 Application under section 7 (1) or 14 to be by motion
An application for an order under section 7 (1) or section 14 must
be made by motion in the proceedings in the Court in which
judgment is given (the principal proceedings).

2 Application under section 7 (1)
(1) This clause applies if an application for a certificate under
section 7 (1) is made otherwise than at the hearing of the
principal proceedings.
(2) The evidence in support of the application must include evidence
showing:
(a) how much of the judgment debt is for work done or for
materials supplied (the subject debt), and
(b) whether the subject debt consists of daily, weekly or
monthly wages, and
(c) if the subject debt so consists—whether the subject debt
exceeds 120 days’ wages, and
(d) if the subject debt so consists and exceeds 120 days’
wages—an amount to be included in the certificate that
does not exceed 120 days’ wages, and
(e) whether work resulting in the subject debt was done on
something moveable and, if so, whether it would be
practicable for the applicant to exercise a lien by retaining
the thing in the applicant’s possession.
(3) The applicant may, unless the Court otherwise orders, proceed
without service of notice of the motion or other documents on any
person.
(4) The application may be determined or dealt with by the Court in
the absence of the public and without any attendance by or on
behalf of any person.
3 Application under section 14 (1)
On an application under section 14 (1), the applicant may, unless
the Court otherwise orders, proceed without service of notice of
the motion or other documents on any person.
Conveyancing Act 1919

1 “Prescribed officer”: section 66G (5) (b)
The officer of the Court prescribed pursuant to section 66G (5)
(b) (which paragraph relates to service of notice where a
co-owner is under mental disability) is the Registrar in Equity.

2 “Prescribed officer”: section 98 (1F)
The officer of the Court prescribed pursuant to section 98 (1F)
(which subsection relates to certificates relating to repayments
under mortgages) is the Registrar in Equity.
Co-operative Housing and Starr-Bowkett Societies Act 1998
Applicability of the Supreme Court (Corporations) Rules 1999
The provisions of the Supreme Court (Corporations) Rules 1999
relating to applications under the Corporations Act 2001 of the
Commonwealth, so far as applicable and making such changes as
it is necessary to make, apply to applications under the Act.
Co-operatives Act 1992
Applicability of Parts 80A and 80 and the Supreme Court
(Corporations) Rules 1999

(1) The provisions of the Supreme Court (Corporations) Rules 1999
relating to applications under the Corporations Law, so far as
applicable and making such changes as it is necessary to make,
apply to:

(a) proceedings under the Act commenced in the Court after
those rules commence, and
(b) applications made under the Act in those proceedings.
(2) The provisions of Part 80A relating to applications under the
Corporations Law, so far as applicable and making such changes
as it is necessary to make, apply to:
(a) proceedings under the Act commenced in the Court after
31 March 1994 and before the Supreme Court
(Corporations) Rules 1999 commence, and
(b) applications made under the Act after 31 March 1994 in
proceedings in the Court commenced before the Supreme
Court (Corporations) Rules 1999 commence.
(3) The provisions of Part 80 relating to applications under the
Companies Code and under the Corporations Law, so far as
applicable and making such changes as it is necessary to make,
apply to all other proceedings commenced and applications made
under the Act.


Coroners Act 1980
Service of notice and order

(1) For the purposes of section 47 (2A), the notice of application
must be served by serving the summons by which proceedings on
the application are commenced.

(2) The plaintiff must serve the minute of order required to be served
under section 47 (2C).

Criminal Assets Recovery Act 1990

1 Statement in summons or notice of motion
The applicant for an order under the Act must file with his or her
summons or notice of motion a statement in summary form of the
general nature of the facts and circumstances relied on.
2 Examination order: “prescribed officer” (section 12)
An officer prescribed for the purposes of section 12 (1) (b)
and (b1) is an associate Judge or registrar.
3 Information for production order
An information setting out the grounds mentioned in section
33 (1), 44 or 48 (1) may be laid before the Court by filing an
affidavit setting out those grounds.
Electricity Supply Act 1995
Service of certificate
The Minister must serve any certificate made pursuant to section
95 (3) on the appellant.
Evidence (Audio and Audio Visual Links) Act 1998
1 Evidence taken by audio link or audio visual link
(1) An application for a direction under section 5B or 7 may be made
orally or by notice of motion.
(2) The application must be supported by an affidavit stating the
following:
(a) the reasons why such a procedure is desirable,
(b) the nature of the evidence to be taken,
(c) the number of witnesses to be examined,
(d) the expected duration of the evidence,
(e) whether issues of character are likely to be raised,
(f) in the case of submissions—the expected duration of the
submissions,
(g) the facilities available for such a procedure or that can
reasonably be made available, including the minimum
transmission rate that will be available,
(h) that the requirements of section 20A or 20B are able to be
met,
(i) an undertaking to pay all appropriate fees/charges for this
facility.
(3) In deciding whether to grant the application, the Court may take
account of the matters set out in the applicant’s affidavit in
addition to any other matters considered to be material, including
cost and convenience to the witness and all parties.
(4) If the Court makes a direction under section 5B (1) or 7 (1), it
may direct the registrar to arrange and co-ordinate the appropriate
facilities in New South Wales and the other place and may give
detailed directions, including a direction that:
(a) if applicable—an officer of the Supreme Court of the other
State, or
(b) another person approved by the Court,
be requested to be present to assist in the transmission of the
evidence or submissions and, in particular, to:
(c) introduce witnesses to be called and legal representatives,
and
(d) assist with the administration of oaths, if necessary, and
(e) assist with the implementation of any directions or
requests given or made by the judge or officer hearing the
evidence or submissions.
2 Application that bail proceedings or other preliminary criminal
proceedings not be conducted by video link
An application for a direction under section 5BA that
proceedings relating to bail or other preliminary criminal
proceedings before the Court are not to be conducted by video
link:
(a) must be in Form 89KA, and
(b) if the application is in relation to bail proceedings and is
made by the detained applicant—must be filed with the
application, made pursuant to section 22 or 44 of the Bail
Act 1978, to which it relates, and
(c) may be determined or dealt with by the Court in the
absence of the public and without any attendance by or on
behalf of the applicant.

3 Subpoenas
(1) This clause applies if a party requests the issue of a subpoena in
Form 46 to produce at the place where evidence is to be given, or
submissions are to be made, pursuant to the direction under
section 5B (1) or 7 (1) .

(2) In paragraph (c) (i) of Form 46, the words “post, in either case so
that he or she receives them—
(A) where this subpoena is served within New South Wales—
NOT LATER THAN 48 HOURS, and
(B) where this subpoena is served out of New South Wales—
not later than 24 hours,
BEFORE THE DATE on which you are required so to attend;”
are to be replaced by:
(a) if service is effected under the Service and Execution of
Process Act 1992 of the Commonwealth—“post,
PROVIDED THAT in either case he or she receives them
not later than 24 hours BEFORE THE DATE on which
you are required so to attend;”, or
(b) otherwise—“post, PROVIDED THAT in either case he or
she receives:
(A) them, and
(B) if an officer of the Court considers it appropriate—
an amount that the officer considers is sufficient to
meet the cost of transmitting them, by a means that
the officer considers reasonable, to the place where
production is required,
NOT LATER THAN 7 days BEFORE THE DATE on
which you are required so to attend;”

(3) The words “PRODUCTION UNDER THE EVIDENCE (AUDIO
AND AUDIO VISUAL LINKS) ACT 1998” are to be added
immediately under the description of the subpoena on the first
page of the subpoena.

4 Notice to produce
A notice to produce at the place where evidence is to be given, or
submissions are to be made, pursuant to a direction under
section 7 (1) must:
(a) be served not later than 14 days before the date on which
production is required, unless the Court otherwise orders,
and
(b) contain the following note:
“You may produce the documents and things described
above by hand to a clerk of the Court at the Exhibits Office,
Level 4 Queen’s Square, Sydney, or by posting them to:

Exhibits Clerk,
Prothonotary’s Office, Level 4,
Supreme Court of NSW,
GPO Box 3,
Sydney NSW 2001,

PROVIDED THAT in either case he or she receives:
(A) them, and
(B) if an officer of the Court considers it appropriate—
an amount that the officer considers is sufficient to
meet the cost of transmitting them, by a means that
the officer considers reasonable, to the place where
production is required,
NOT LATER THAN 7 days before the date on which you
are required so to attend.
You need not comply with this notice if it is served on you
after (date calculated in accordance with paragraph
(a)).”, and
(c) contain the words “PRODUCTION UNDER THE
EVIDENCE (AUDIO AND AUDIO VISUAL LINKS)
ACT 1998” immediately under the heading “NOTICE TO
PRODUCE”.

Family Provision Act 1982

1 Commencement of proceedings
Proceedings in the Court on an application for relief under the
Act must be commenced by summons.

2 Additions to title
A summons in proceedings for relief under the Act must bear,
above the title, the words “Estate of”, the full name of the
deceased person and the words “deceased and the Family
Provision Act 1982”.

3 Search in index
Any person may, on payment of the fee (if any) fixed under the
Act, search in the index kept in the registry against the name of
the deceased person in relation to whom any application for an
order under the Act has been made.

4 Extension of time for application for provision
A claim for an order under section 16 (2) or (5) may be included
in a claim for an order under section 7.

5 Affidavit of administrator
(1) In proceedings for an order under section 7, the administrator
must make an affidavit setting out the following:
(a) the nature and value of the assets and liabilities at the date
of death,
(b) what is or is likely to be the nature and value of:
(i) any distributed estate, and
(ii) the net distributable estate,
(c) what is the nature and value of any property which, in his
or her opinion, is or may be the subject of any prescribed
transaction,
(d) the names and addresses of every person who, in his or her
opinion, is or may be:
(i) an eligible person (designating as a person under
legal incapacity any eligible person who, in his or
her opinion, is or may be a person under legal
incapacity), or
(ii) a person beneficially entitled to the distributable
estate, or
(iii) a disponee, within the meaning of section 21, or
(iv) a person holding property as a result of a distribution
from the estate,
(e) the persons to whom notice was given under clause 9 (2).
(2) The affidavit mentioned in subclause (1) must be served within a
reasonable time after service of the originating process.

6 Parties
(1) In proceedings on an application by summons for an order under
section 7 or 16 (2) or (5), the summons must, subject to
subclause (2), join as a defendant every administrator.
(2) The summons must not join as a defendant:
(a) any person, if any plaintiff is the sole administrator, or
(b) any person, if there is sufficient reason for not doing so.

7 Directions as to parties and service
(1) Despite clause 6, the Court may, at any stage of the proceedings,
direct that any person be added as a party or substituted for
another party or a former party or that notice of the proceedings
be served on any person in addition to or instead of the defendant.
(2) Subclause (1) does not affect the powers of the Court under Part 7
of the Uniform Civil Procedure Rules 2005 in relation to the
joinder of parties.

8 Representative orders
Rule 7.6 of the Uniform Civil Procedure Rules 2005 applies to
proceedings under the Act as it applies to proceedings mentioned
in subrule (1) of that rule.

9 Notice to eligible persons
(1) The plaintiff claiming an order under section 7 must, unless he or
she is the administrator, when serving the summons, also serve a
notice on the administrator showing who, in his or her opinion, is
or may be an eligible person (designating as a person under legal
incapacity any eligible person who, in his or her opinion, is or
may be a person under legal incapacity).
(2) The administrator must serve a notice in Form 89B on the
following:
(a) the surviving spouse (if any) of the deceased person,
(b) every child of the deceased person,
(c) every person not mentioned in paragraph (a) or (b) who is
entitled to share in the distributable estate of the deceased
person,
(d) any person mentioned by the plaintiff in his or her notice
served under subclause (1) and not mentioned in paragraph
(a), (b) or (c),
(e) any other person who, in his or her opinion, is or may be
an eligible person.

10 Additional provision
An application for an order under section 8 (which section relates
to the making of additional provision) must be made by motion
in the proceedings for the order under section 7.

11 Certified copies of orders
(1) If an order is made under section 7 (not being an interim order),
8, 19 (2) or (3) or 30, an administrator must, unless the Court
otherwise orders, within the time prescribed by subclause (2),
lodge in the registry:
(a) the probate, letters of administration or copy of election, as
the case may require, bearing a copy of the minute of
order, and
(b) a copy of the minute of order.
(2) The time prescribed for the purpose of subclause (1) is:
(a) if an administrator is a defendant—14 days after the date
of service of an office copy of the minute of order on him
or her, and
(b) in any other case—28 days after the order is entered.
(3) The registrar must, unless the Court otherwise orders:
(a) certify on each copy that it is a true copy of the minute of
order, and
(b) send the copy mentioned in subclause (1) (b) to the
Registrar in Probate.

12 Revocation etc of order for provision
An application for an order under section 19 (2) must be made by
motion in the proceedings for the order under section 7.

13 Discharge of property from liability
An application for an order under section 30 (1) or (2) must be
made by motion in the proceedings in which the order for
provision has been, or is proposed to be, made.

14 Revocation of release
An application for an order under section 31 (8) or (9) must be
made by motion in the proceedings for the order under section
31 (6).

15 Notice of intended distribution
(1) A notice under section 35 must be published:
(a) if the deceased person was resident at the date of the
deceased person’s death in the State—in a newspaper
circulating in the district where the deceased person
resided, or
(b) otherwise—in a Sydney daily newspaper,
and must be served on all persons of whose intention to bring an
application under the Act the administrator has notice.
(2) The notice may be in or to the effect of Form 121.
Federal Courts (State Jurisdiction) Act 1999
1 Interpretation
In these clauses:
ineffective judgment and relevant order have, unless the
contrary intention appears, in relation to proceedings under the
Act, the same meaning as in the Act.
2 Application for order under section 7
A person seeking the aid of the Court in respect of a right or
liability to which section 7 refers, other than in respect of an
appeal, must commence proceedings:
(a) by summons joining as defendants all persons whose
interests may be affected by the application, and
(b) in the Division to which the proceedings, in which the
ineffective judgment was given or recorded, would have
been assigned if it had been commenced in the Court.

3 Application for order under section 10
An applicant for an order under section 10 must commence
proceedings for the order:
(a) by summons joining as defendants all other parties to the
proceedings in which the ineffective judgment was given
or recorded, and
(b) in the Division to which the proceedings, in which the
ineffective judgment was given or recorded, would have
been assigned if it had been commenced in the Court.
4 Application for order under section 11 (2)
(1) An applicant for an order under section 11 (2) (the order) must
commence proceedings for the order by summons, joining as
defendants all other parties to the proceeding in which the
relevant order was made (the relevant proceedings), in:
(a) where the relevant proceedings, if commenced in the
Court, would have been commenced in the Court of
Appeal—the Court of Appeal, or
(b) otherwise—the Division to which the relevant proceedings
would have been assigned if they had been commenced in
the Court.
(2) If the order is made:
(a) subject to any order of the Court:
(i) the registrar or clerk of the court in which the
relevant proceedings were brought must send the
record of the proceeding to the Court, and
(ii) the Court must proceed as if:
(A) the relevant proceedings had been originally
commenced in the Court, and
(B) the same steps had been taken in the Court as
have been taken in any other court or courts in
which the relevant proceedings were for the
time being pending, and
(C) any order made by any other court or courts in
which the relevant proceedings were for the
time being pending had been made by the
Court,
(b) the plaintiff must, within 28 days of the order being made,
move the Court for directions.

(3) The registrar may, without a direction of the Court or a request of
a party, file and seal a minute of the order.
(4) The registrar must serve a minute of the order on the registrar of
the court by which the relevant order was made.
Forfeiture Act 1995
Commencement of proceedings
Proceedings in the Court must be commenced by summons.
Gas Supply Act 1996
Service of certificate
The Minister must serve any certificate made pursuant to section
17 (3) on the appellant.
Insurance Act 1902
Joinder of insurer etc (section 17A)
(1) Notice of motion in any proceedings in the Court for an order
under section 17A (1) must be filed:
(a) if the Court by notice to the parties fixes a date for
determining the date for trial—before the date fixed by the
notice, and
(b) if the venue for trial is elsewhere than Sydney—not later
than 6 weeks before the beginning of the sitting at that
venue, and
(c) in any other case—before the date on which the Court
determines the date for trial.
(2) The applicant must serve the notice on each other party to the
proceedings and on such other person as the Court may direct.
Jury Act 1977
1 Application (section 24)
(1) An application for a declaration of satisfaction that the Sheriff is
interested in a trial must be made a reasonable time before the
trial by motion in the proceedings to which the application
relates.
(2) Notice of the motion must be served on the Sheriff.

(3) The Sheriff is entitled to be heard on the application without
becoming a party to the proceedings.
2 Application under section 26 (3)
An application to the Court for an order under section 26 (3) must
be made by summons without joining any person as a defendant.

Legal Profession Act 1987

1 Sealed copy of application under section 208KA
The officer of the Court accepting an application under section
208KA must, on request by the applicant, seal with the seal of the
Court a copy of the application provided by the applicant.

2 Affidavit showing compliance with section 208KA
A person applying for a review of a determination under section
208KA must file with the application an affidavit showing
compliance with subsection (5) of that section.

Mining Act 1992
Entry of order of Warden’s Court (section 319)
(1) Proceedings for entry in the Court under section 319 of an order
for the payment of money must be commenced by summons,
joining as defendant the person against whom the order was
made.
(2) The plaintiff may, unless the Court otherwise orders, proceed
without service of the summons on the defendant.
(3) If the plaintiff adds to the summons a request that the application
be granted under this subclause, the Court may make the order for
entry in the absence of the public and without any attendance by
or on behalf of the plaintiff.
(4) If an order for entry is made in proceedings to which this clause
applies, the plaintiff must forthwith serve on the defendant a
minute of:
(a) the order for entry, and
(b) the order which is the subject of the proceedings.
(5) An order mentioned in section 319 is entered when a copy of the
order (being a copy sealed by the court that made the order) is
filed in accordance with an order of the Court.

Motor Accidents Act 1988
Joinder of insurer etc (section 66A)
(1) Notice of motion in any proceedings for an order under section
66A (1) must be filed:
(a) if the Court by notice to the parties fixes a date for
determining the date for trial—before the date fixed by the
notice, and
(b) if the venue of trial is elsewhere than Sydney—not later
than 6 weeks before the beginning of the sittings at that
venue, and
(c) in any other case—before the date on which the Court
determines the date for trial.
(2) The applicant must serve the notice on each other party to the
proceedings and on such other person as the Court may direct.
Motor Accidents Compensation Act 1999
Joinder of insurer etc (section 119)
(1) Notice of motion in any proceedings in the Court for an order
under section 119 (1) must be filed:
(a) if the Court by notice to the parties fixes a date for
determining the date for trial—before the date fixed by the
notice, and
(b) if the venue for trial is elsewhere than Sydney—not later
than 6 weeks before the beginning of the sittings at that
venue, and
(c) in any other case—before the date on which the Court
determines the date for trial.
(2) The applicant must serve the notice on each other party to the
proceedings and on such other person as the Court may direct.
New South Wales Crime Commission Act 1985
Review of decision
(1) The appropriate officer for the purposes of section 19 (15) is the
Prothonotary.
(2) The appropriate Registry for the purposes of section 19 (15) is the
Registry of the Common Law Division.

Offshore Minerals Act 1999
Commencement of proceedings under section 354
Proceedings for an order under section 354 (1) must be
commenced by summons joining as a defendant the Minister and
each person who is directly affected by the relief sought in the
proceedings.
Professional Standards Act 1994
Commencement of proceedings
(1) Proceedings in the Court for an order under section 15 in respect
of a scheme are to be commenced by summons joining as a
defendant the occupational association on whose application the
scheme was approved by the Professional Standards Council.
(2) The plaintiff must, within one day of commencing proceedings,
lodge a copy of the summons at the office of the Professional
Standards Council.

Property (Relationships) Act 1984
1 Death of party to application (section 24)
(1) The Court may, on application by the legal personal
representative mentioned in section 24 (1) or of its own motion,
order the substitution of that representative as a party to the
application under section 20.
(2) Rule 6.32 of the Uniform Civil Procedure Rules 2005 applies to
proceedings in which the Court makes an order under subrule (1)
in the same way as it applies to proceedings in which the Court
makes an order under Division 5 or 6 of Part 6 of those rules.
2 Additions to title
Documents in proceedings under the Act must bear above the
title the words “Property (Relationships) Act 1984”.
3 Pleading and particulars
(1) Proceedings in the Court under the Act must be commenced by
statement of claim.
(2) The material facts required in the statement of claim must include
the facts alleged to constitute any contribution within the
meaning of section 20 (1) on which the plaintiff relies.
(3) The particulars required in relation to a statement of claim must
include particulars of:
(a) any payment relied on in respect of any contribution, and
(b) any voucher relied on in respect of any payment.

Protection of the Environment Operations Act 1997
1 Statement in summons or notice of motion
The applicant under section 232 (1), 235 (3), 238 (2) or 239 (1)
must file with his or her summons or notice of motion a statement
in summary form of the general nature of the facts and
circumstances relied on.
2 Examination order: prescribed officer (section 235 (2) (a))
An officer prescribed for the purposes of section 235 (2) (a) is an
associate Judge or registrar.

Restricted Premises Act 1943
1 Commencement of proceedings
Proceedings in the Court under the Act must be commenced by
summons.
2 Application for declaration: section 3 (1)
The Court may make a declaration under section 3 (1) even if the
summons has not been served on the owner or occupier of the
premises.
3 Forms
(1) A minute of order under section 3 (1) may be in Form 89H.
(2) A minute of order under section 4 (1) or 14 (3) may be in Form
89I.
(3) A notice under section 5 (1) may be in Form 89J or 89K, as
appropriate.


Retirement Villages Act 1999
1 Consent of administrator
In an application for an order under section 84, the plaintiff must:
(a) file the consent mentioned in section 85 with the
application, and
(b) serve the consent with the application.
2 Application under section 88
An application for an order under section 88 revoking or varying
an order appointing an administrator may be made by motion in
the proceedings in which the order appointing the administrator
was made.

Status of Children Act 1996
1 Form of declaration
A declaration under section 21 (2) (which relates to a declaration
of parentage) must be in the prescribed form.
2 Parentage testing procedure: service of notice of motion on
non-party
If a party moves under section 26 for an order requiring a
parentage testing procedure to be carried out on a person who is
not a party to the proceedings, notice of the motion must, unless
the Court otherwise orders, be served personally on that person.
3 Service of notice of motion on person under legal incapacity
If the notice of motion for an order requiring a parentage testing
procedure to be carried out on a person is to be served personally
on a person under legal incapacity and the person served under
rule 10.12 of the Uniform Civil Procedure Rules 2005 does not
appear to have the care and control of the person under legal
incapacity, then, unless the Court otherwise orders, the notice
must also be served personally on the person who appears to have
that care and control and on such other person as the Court may
direct.
4 Service of order on non-party
If the Court makes an order under section 26 (1), the registrar
must serve the minute of order on any person on whom a
parentage testing procedure is required to be carried out and who
is not a party to the proceedings.
5 Person under legal incapacity
If the Court makes an order under section 26 (1), requiring a
parentage testing procedure to be carried out on a person under
legal incapacity, the order must name the person having the care
and control of the person under legal incapacity.
6 Service of order on person under legal incapacity
If any minute of order under section 26 (1) is to be served on a
person under legal incapacity and the person served is not the
person having the care and control of the person under legal
incapacity, then, unless the Court otherwise orders, the minute
must also be served personally on the person having that care and
control and on such other person as the Court may direct.
7 Service of report
On receipt of a report under clause 18 of the Status of Children
Regulation 2003, the registrar must serve the report on the parties
to the proceedings and on any person from whom the taking of
bodily samples was directed and who is not a party to the
proceedings.

Strata Schemes (Freehold Development) Act 1973
Readjustment etc and authorising acts
(1) Proceedings under section 32 (1), 50 (1) or 51 (1) must be
commenced by summons, joining as defendants the persons
referred to in section 32 (2), 50 (2) or 51 (2), respectively.
(2) Notice under section 32 (2), 50 (2) or 51 (2) must be served by
serving the summons.
(3) An application under section 50 (10) or 51 (2) for variation of an
order must be made by motion in the proceedings for the order.
Strata Schemes (Leasehold Development) Act 1986
Readjustment etc and authorising acts
(1) Proceedings in the Court under section 37 (4), 61 (1), 79 (1) or
80 (1) must be commenced by summons joining as defendants
the persons referred to in section 37 (5), 61 (2), 79 (2) or 80 (3),
respectively.
(2) Notice under section 37 (5) or (8), 61 (2), 79 (2) or 80 (3) must
be served by serving the summons by which the application is
made.
(3) An application under section 37 (13), 79 (10) or 80 (13) for
variation of an order must be made by motion in the proceedings
for the order.

Taxation Administration Act 1996
Evidence of jurisdiction
A plaintiff must file and serve, with a summons by which
application for review is made under section 97, an affidavit:
(a) showing:
(i) that the application is made under section 97 (1) (a),
or
(ii) that:
(A) the application is made under section 97 (1)
(b), and
(B) the application is not in breach of the time
prescribed by section 97 (1) (b), and
(C) section 100 (1) has been complied with, and
(b) showing that the application is not in breach of section
97 (2) or (3).

Testator’s Family Maintenance and Guardianship of Infants
Act 1916
1 Commencement of proceedings
(1) The summons commencing proceedings under the Act may state
an appointment for hearing.
(2) The summons must bear, above the title, the words “Estate of”,
the full name of the deceased person and the words “deceased and
the Testator’s Family Maintenance, etc Act 1916”.
2 Parties
(1) This clause applies to proceedings for an order under section 3
or 5 (2A).
(2) In proceedings to which this clause applies, subject to
subclause (3), the summons must join as a defendant every
executor or administrator.
(3) The summons must not join as a defendant:
(a) any person, if any plaintiff is the sole executor or
administrator, or
(b) an executor or administrator who is a plaintiff, or
(c) any person, if there is sufficient reason for not doing so.
3 Extension of time for application
A claim for an order under section 5 (2A) may be included in the
summons claiming an order under section 3.
4 Affidavit of executor
(1) In proceedings for an order under section 3, the executor or
administrator, as the case may be, must make an affidavit setting
out:
(a) the nature and value of the assets and liabilities at the date
of death, and
(b) what is or is likely to be the nature and net amount of the
distributable estate, and
(c) such information as is available to the deponent as to the
family of the deceased, and
(d) the person beneficially entitled.
(2) The affidavit mentioned in subclause (1) must be served within a
reasonable time after service of the summons commencing the
proceedings.
5 Additional provision
An application for an order under section 6A (which section
relates to the making of additional provision) may be made by
motion in the proceedings for an order under section 3.
6 Directions as to parties and service
(1) The Court may, at any stage of the proceedings to which these
clauses apply, direct that any person be added as a party or
substituted for another party or a former party or that notice of the
proceedings be served on any person in addition to or instead of
the defendant.
(2) Subclause (1) does not affect the powers of the Court under Part 7
of the Uniform Civil Procedure Rules 2005 in relation to the
joinder of parties.
7 Representative orders
Rule 7.6 of the Uniform Civil Procedure Rules 2005 applies to
proceedings under the Act as it applies to proceedings mentioned
in subrule (1) of that rule.
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8 Certified copies of order
(1) The Court may, but need not, make any direction or requirement
under section 6 (3).
(2) Unless the Court otherwise orders, in every case in which
provision is made under the Act, a certified copy of the minute of
the order making the provision must be made on the probate, the
letters of administration, or a copy of an election under
section 18A of the Public Trustee Act 1913, whichever is
appropriate.
(3) Unless the Court otherwise orders, an executor or administrator
must, within the time prescribed by subclause (4), lodge in the
registry:
(a) the probate, the letters of administration or the copy of the
election, as the case may require, bearing a copy of the
minute of order, and
(b) a copy of the minute of order.
(4) The time prescribed for the purpose of subclause (3) is:
(a) if an executor or administrator is a defendant—14 days
after the date of service of an office copy of the minute of
order on the defendant, and
(b) in any other case—28 days after the order is entered.
(5) The registrar must:
(a) certify on each copy that it is a true copy of the minute of
order, and
(b) send the copy mentioned in subclause (3) (b) to the
Registrar in Probate.
9 Notice of intended distribution
A notice under section 11 may be in or to the effect of Form 121.
Victims Support and Rehabilitation Act 1996
1 Statement in summons or notice of motion
The applicant for an order under the Act must file with his or her
summons or notice of motion a statement in summary form of the
general nature of the facts and circumstances relied on.
2 Examination order: prescribed officer (section 58H (2) (a))
An officer prescribed for the purposes of section 58H (2) (a) is an
associate Judge or registrar.
3 Certificate of amount payable
A certificate issued by the registrar under section 75 or 77F may
be in the prescribed form.
Witness Protection Act 1995
1 Section 17 applications
Proceedings for an order under section 17 must be commenced
by summons without joining any person as a defendant.
2 Section 19 (2) applications
Proceedings for an order under section 19 (2) in respect of an
entry must be commenced by summons joining as a defendant the
person to whom the entry relates.
3 Section 34 (2) applications
Proceedings for an order under section 34 (2) must be
commenced by summons joining as a defendant the person
against whom the order is sought.
Workers Compensation Act 1987
Proof of payments
A defendant pleading a defence under section 151Z (1) (e), or
under section 150 (1) (e) as in force immediately prior to its
omission by the Workers Compensation (Benefits) Amendment
Act 1989 need not, in his or her pleading, state the amount of any
payments made under the Act, but may, by affidavit filed and
served not later than 3 days before the date for which the
proceedings are set down for trial, adduce evidence of any such
payments.

Part 2 Acts of the Commonwealth
Crimes (Superannuation Benefits) Act 1989
Statement in summons or notice of motion
The applicant for an order under the Act must file with his or her
summons or notice of motion a statement in summary form of the
facts and circumstances relied on.

International War Crimes Tribunals Act 1995
Registration (section 45)
(1) A register of orders to which section 45 applies must be kept in
the registry.
(2) A copy mentioned in section 45 (2) is registered when it is
included in the register.
(3) Proceedings for registration of an order to which section 45 (1)
applies must be commenced by summons joining as defendant
the person against whom the order was made.
(4) The plaintiff may, unless the Court otherwise orders, proceed
without service of the summons on the defendant.
(5) If the plaintiff adds to the summons a request that the application
be granted under this subclause, the Court may make the order in
the absence of the public and without any attendance by or on
behalf of the plaintiff.
(6) The plaintiff must file with the summons an affidavit setting out
such particulars as are necessary to enable the Court to comply
with section 45 (1).
(7) If an order is made under section 45 (1) for registration of an
order, the plaintiff must serve a minute of the order for
registration and the registered order on the defendant.
Offshore Minerals Act 1994
Commencement of proceedings under section 354
Proceedings for an order under section 354 (1) must be
commenced by summons joining as a defendant the Designated
Authority and each person who is directly affected by the relief
sought in the proceedings.

Proceeds of Crime Act 1987
1 Statement in summons or notice of motion
The applicant for an order under the Act must file with his or her
summons or notice of motion a statement in summary form of the
facts and circumstances relied on.

2 Information for production order or search warrant (sections 66 (1)
and 71 (1))
An information setting out the grounds mentioned in section
66 (1) or 71 (1) may be laid before the Court by filing an affidavit
setting out those grounds.

Retirement Savings Accounts Act 1997
1 Application by Regulator under section 119 (3)
An application by the Regulator for an inquiry or order under
section 119 (3) must be made by summons, filed with the
certificate under section 119 (2), and joining as a defendant the
person who is the subject of the certificate.
2 Notice of certain applications to be given to Regulator
Unless the Court otherwise orders, an applicant for an order
under section 158 (1) or (4) or 160 (5) must serve on the
Regulator, a reasonable time before the hearing of the
application, a copy of the originating process, or interlocutory
process, and supporting affidavit in respect of the application.
3 Intervention by Regulator
(1) The Regulator may intervene under section 168 by filing a notice
of appearance that includes a statement that the Regulator
intervenes under the section.
(2) On complying with subclause (1), the Regulator must be added
as a defendant.