Announcements
Changes to forms that include an affidavit
The following forms have been amended to include a jurat and certificate in the affidavit part of the form to comply with requirements of the Oaths Act Regulation 2011:
- 3A Statement of claim - filing party legally represented
- 3B Statement of claim - filing party acting in person or by authorised officer
- 7A Defence - filing party legally represented
- 7B Defence - filing party acting in person or by authorised officer
- 8 Reply
- 9 Statement of cross-claim
- 11 List of documents
- 22 Statement of answers to interrogatories
- 36 Notice of motion – default judgment on claim for possession of land
- 36A Notice of Motion - default judgment on claim for possession of land and liquidated claim
- 37 Notice of motion – default judgment for detention of goods
- 38 Notice of motion – default judgment for liquidated claim
- 39 Notice of motion – default judgment for unliquidated damages
- 46 Notice of motion to pay by instalments – individual
- 47 Notice of motion to pay by instalments - corporation
- 53 Notice of motion – examination order
- 57 Notice of motion – arrest warrant for examination
- 59 Notice of motion – writ for possession of land
- 61 Notice of motion - writ for restitution
- 63 Notice of motion - writ for the delivery of goods
- 65 Notice of motion - writ for the levy of property
- 69 Notice of motion – garnishee order
- 73 Notice of motion – charging order
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Reminder of new requirements under the Oaths Act and Oaths Regulation 2011
From 30 April 2012 amendments to the Oaths Act and the Oaths Act Regulation 2011 require that witnesses to affidavits are required to certify as to the identity of the deponent. The approved forms of affidavit (form 40) , and affidavit of service (form 41) under the Uniform Civil Procedure Rules have been amended to incorporate a certificate that complies with the requirement of the regulation. The other other Uniform Civil Procedure Rule forms that incorporate an affidavit have not yet been amended, but the requirement to certify the identity of the deponent still applies. A form of jurat (the part of an affidavit for the signatures of the deponent and witness), that incorporates a certificate under the Oaths Regulation 2011 has been published. This jurat can be used by pasting it into any forms that include an affidavit to replace the existing jurat section. This jurat can also be used for affidavits that are not approved forms under the Uniform Civil Procedure Rule. Witness Certificate under Oaths Regulation 2011
Changes to approved Forms 26A, 27A and 29
In March 2012 the Uniform Rules Committee approved changes to the following forms:
- Form 26A Subpoena to produce with subpoena notice and declaration
- Form 27A Subpoena to give evidence and produce with subpoena notice and declaration
- Form 29 Order for production
Form 26A and Form 27A have been amended in relation to the part of the form that deals with proposed access orders. The amended wording makes it clear that the default access order that will be made is the one that is appropriate for the jurisdiction that the subpoena is being issued in. Forms 26A and Form 27A have also been amended by removing a reference to "clear days" in the instructional note appearing after the 2nd paragraph in the Notice to the Subpoena Recipient. The relevant rule (rule 33.3(8)) does not refer to clear days, and it is not appropriate to construe the rule as requiring clear days.
Form 29 has been amended to remove an instructional footnote in the Notice to Producing Party that the last date for service of the order had to be 5 clear days before the return date of the order.
Changes to Form 40, Form 41 and other UCPR Forms that incorporate an affidavit
In March 2012 the Uniform Rules Committee approved amendments to the UCPR forms that include an affidavit. The amended forms will become effective on 30 April 2012 when amendments to the Oaths Act, and the Oaths Act Regulation 2011 become effective. The Oaths Act Regulation requires the witness to an affidavit to certify on the affidavit that they have identified the deponent. A certificate complying with the Regulation has been included in the affidavit forms. The new versions of Form 40 and Form 41 are published below
| 40 | 2 | Affidavit | | |
| 41 | 2 | Affidavit of Service | | |
The footnotes appearing at the bottom of the page on which the certificate appears are enclosed in brackets to indicate that the text of the footnotes is instructional and that it is optional as to whether the text needs to be printed on the affidavit document. Affidavits should be prepared so that the jurat and certificate does not appear on a page by itself; ideally the jurat and certificate should appear on a page where at least some of the text of the body of the affidavit appears.
The following forms will also be amended to include a jurat and certificate in the affidavit part of the form in the same format as that appearing in Form 41 version 2. The amended forms will be published on the UCPR website at a later date:
- 3A Statement of claim - filing party legally represented
- 3B Statement of claim - filing party acting in person or by authorised officer
- 7A Defence - filing party legally represented
- 7B Defence - filing party acting in person or by authorised officer
- 8 Reply
- 9 Statement of cross-claim
- 11 List of documents
- 22 Statement of answers to interrogatories
- 36 Notice of motion – default judgment on claim for possession of land
- 36A Notice of Motion - default judgment on claim for possession of land and liquidated claim
- 37 Notice of motion – default judgment for detention of goods
- 38 Notice of motion – default judgment for liquidated claim
- 39 Notice of motion – default judgment for unliquidated damages
- 46 Notice of motion to pay by instalments – individual
- 47 Notice of motion to pay by instalments - corporation
- 53 Notice of motion – examination order
- 57 Notice of motion – arrest warrant for examination
- 59 Notice of motion – writ for possession of land
- 61 Notice of motion - writ for restitution
- 63 Notice of motion - writ for the delivery of goods
- 65 Notice of motion - writ for the levy of property
- 69 Notice of motion – garnishee order
- 73 Notice of motion – charging order
Changes to approved Forms 3A and 3B
The Uniform Rules Committee has approved a minor amendment to the Statement of Claim forms to include the contact email details of the plaintiff (or his or her legal representative) if applicable. There are no other amendments to these forms.
New Form 26A - Subpoena to produce with subpoena notice and declaration, and new Form 27A - Subpoena to give evidence and produce with subpoena notice and declaration
The Uniform Rules Committee has approved 2 new forms to replace Form 26 (Subpoena to produce), Form 27 (Subpoena to give evidence and produce) and Form 28 (Subpoena notice and declaration). The new forms incorporate the subpoena forms and notice and declaration forms so that only one document needs to be served, and only one document need to be produced by the addressee with the subpoenaed documents. The new forms include the declaration by the subpoena recipient, and the proposed access orders (if applicable). The notice to the recipient section has been updated to reflect recent amendments to rule 33.6 (7), and the notes section has been updated to include information that previously only appeared on the subpoena notice and declaration form.
Further changes to approved Form 114 - Notice of Intended Distribution
The Uniform Rules Committee has further amended Form 114 (now version 4) to correct an inadvertent error (in relation to when a person making a claim should do so). Legal Representatives who may have published a notice of intended distribution in version 3 should consider whether they should republish a notice in the new version.
Changes to approved Form 36 - Notice of Motion - Default Judgment for Possession of Land; Form 36A Notice of Motion - Default Judgment for Possession of Land and Liquidated Claim; Form 59 - Notice of Motion - Writ for Possession of Land
The Uniform Rules Committee has amended these forms to reflect recent amendments to UCPR rules 16.4 and 39.3 in relation to providing particulars of the default of payment of money in the affidavit in support of the notice of motion for default judgment for possession of land and for a writ of possession. The amendments do not change the substance of the forms but provide instructions in each form as to the type of information that is now required under the rules as amended.
Changes to approved Form 114 - Notice of Intended Distribution
The Uniform Rules Committee has amended Form 114 so that it now also applies to intended distributions under section 60 of the Trustee Act 1925.
The form has also been updated to incorporate reference to "after 6 months from the date of death of the deceased" to be included, where appropriate, to receive the appropriate protection under section 92 (1)(a) of the Probate and Administration Act 1898 and section 93 (1)(a) of the Succession Act 2006.
Changes to the approved forms
In April 2011, the Uniform Rules Committee approved changes to the following approved forms: |
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- 1 General Form - Up-dated to include options for use in probate, adoption and corporations matters
- 23A Election for jury trial in defamation proceedings - Up-dated to reflect new rule in UCPR 29.2A
- 23B Requisition for trial by jury - Up-dated to reflect change in UCPR 29.2 and 29.2A
- 36 Notice of motion - default judgment for possession of land - Up-dated with reference to Residential Tenancies Act 2010
- 59 Notice of motion - writ for possession of land - Up-dated with reference to Residential Tenancies Act 2010
- 60 Writ of possession - Up-dated with reference to Residential Tenancies Act 2010
- 114 Notice of intended distribution - Up-dated with reference to section 92, Probate and Administration Act 1898
The forms listed above (excepting forms 1, 60 and 114) have also been up-dated to include an optional contact email address for the filing party. The Uniform Rules Committee also approved a new form 36A - Notice of Motion - Default judgment - Combined possession of land / liquidated claim
Changes to the approved forms
In March 2011, the Uniform Rules Committee approved changes to the following approved forms:
- 10 Cross-summons - made consistent with form 4 summons
- 24 Notice to produce to court - made consistent with form 28
- 29 Order for production - minor typographical error corrected, made consistent with form 29, removal of payment of expenses paragraph
- 38 Notice of motion - default judgment for liquidated claim - Schedule 5 interest rate reference replaced
- 51 Examination notice - individual - amended to be consistent with other forms
- 52 Examination notice - corporation - amended to be consistent with other forms
- 70 Garnishee order for debts - amended to be consistent with other forms
- 71 Garnishee order for wages/salary - amended to be consistent with other forms; Workcover NSW website address corrected
- 84 Summons commencing an appeal/seeking leave to appeal - made consistent with form 4 summons
- 104 Summons seeking leave to appeal - made consistent with form 4 summons
- 105 Notice of appeal - made consistent with form 4 summons
New form
The Uniform Rules Committee has approved a new form 115 - Opt out notice. This form is used in representative proceedings in the Supreme Court.
Updates to Form 28 - Subopoena notice and declaration
On 6 September 2010, the Uniform Rules Committee approved amendments to Form 28.
New form
On 1 March 2010, the Uniform Rules Committee approved form 114 - notice of intended distribution.
Changes to the approved forms
In December 2009, the Uniform Rules Committee approved changes to the approved forms.
- Form 93 - Possession List coversheet was approved for use
- Forms 85 and 86 are obsolete following the commencement of the Local Court Act 2007 and have been withdrawn from use
- Forms 26, 27 and 28 have been amended to reflect amendments to Part 33 – Subpoenas
- Forms 6, 36, 59 and 60 have been amended to include information about the residential tenancy status of a property
- Forms 1, 2, 3A, 3B, 4A, 4B, 5, 6, 7A, 7B, 8, 9, 10, 20, 30, 35, 43, 44, 46, 47, 49, 50, 69, 76, 77, 81, 82, 84, 101, 102, 103, 104, 105 and 106. Miscellaneous amendments were made. These include:
- Clarifying the "How to respond" section of various forms
- Clarifying the "Party details" section of various forms
- Inserting hearing details in a defence
- Making provision for parties to include a contact email address
- Inserting a notice in forms 43 and 44 to alert parties to the operation of UCPR 36.16 (Further power to set aside or vary judgment or order).
Guide to preparing documents
A new edition of the Guide to preparing documents will be published in early 2010.
Contact email addresses in civil forms
The forms are being progressively amended to include a contact email address. This is different to the electronic service address.
The contact email address should be:
- If there is a solicitor on the record, the email address of the solicitor with the day to day conduct of the matter
- If the party is unrepresented, a personal address that regularly checked by the party.
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