Nsw uniform civil procedure rules pdf

Division 2 of Part 11A deals with the service of local judicial documents in a country other than Australia that is a party to the Hague Convention. Division 3 Service of external process. Division 4 of Part 11A deals with the service in New South Wales of foreign judicial documents originating in countries that are parties to the Hague Convention.

Am , Sch 1 [2]; , Sch 1 [5]; , Sch 1 [10] [11]. Am , Sch 1 [2]; , Sch 1 [12]. Part 11A Service under the Hague Convention. This Part provides in Division 2 for service in overseas Convention countries of local judicial documents documents that relate to proceedings in the Court and in Division 3 for default judgment in proceedings in the Court after service overseas of such a document. Division 4, on the other hand, deals with service by the Court or arranged by the Court in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.

Note 3—. The Hague Conference on Private International Law website maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. The term applicant may have a different meaning in other Parts of these rules. Central Authority , for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Convention, to be the Central Authority for that country.

Convention country means a country, other than Australia, that is a party to the Hague Convention. Registrar means the principal registrar of the Court, and includes any other person who, by delegation or otherwise, is authorised to exercise the functions of that office.

Division 2 Service abroad of local judicial documents. Division 3 Default judgment following service abroad of initiating process. Division 4 Local service of foreign judicial documents. Part 12 Discontinuance, withdrawal, dismissal and setting aside of originating process. Division 1 Discontinuance of claim. See also section 67 of the Civil Procedure Act as to the terms on which a stay may be granted, and rule Division 2 Withdrawal of appearance or pleading.

Division 3 Dismissal of proceedings etc for lack of progress. Subst , Sch 1 [12]. Am , Sch 1 [3] [4]; , Sch 1 [1]; , cl 3 1 2.

Division 4 Setting aside originating process. Part 13 Summary disposal. Part 14 Pleadings. Division 2 Defence and further pleadings. See rule 9. Division 3 Form of pleading generally. Division 4 Verification of pleadings. Division 5 General. Division 6 Pleadings concerning defamation. The Defamation Act applies to the publication of defamatory matter after the commencement of that Act. The Act commenced on 1 January However, the Defamation Act as in force before its repeal by the Defamation Act continues to apply to the following causes of action by virtue of clause 2 Application of this Act of Schedule 4 Savings, transitional and other provisions to the Defamation Act — a a cause of action for defamation that accrued before 1 January ,.

Clause 2 of Schedule 4 to the Defamation Act also ensures that any other law both legislative and common law that would have applied to such causes of action but for the enactment of the new Act will continue to apply to such causes of action. Am , Sch 1[1]. The defence of justification under section 15 2 of the Defamation Act applies to the exclusion of the common law defence of justification.

See section 15 1 of the Defamation Act The defence of justification under section 25 of the Defamation Act is in addition to, and does not vitiate, limit or abrogate, the common law defence of justification. See section 24 1 of the Defamation Act Am , Sch 1[3].

A defence of fair comment under Division 7 of Part 3 of the Defamation Act applies to the exclusion of the common law defence of fair comment. See section 29 of the Defamation Act A defence of honest opinion under section 31 of the Defamation Act is in addition to, and does not vitiate, limit or abrogate, the common law defence of fair comment. This rule applies to the publication of defamatory matter before the commencement of the Defamation Amendment Act Am , Sch 1[5].

Part 15 Particulars. Division 2 Personal injury cases. Division 3 Interim payments. Division 4 Defamation. Am , Sch 1[6]—[8]. Subject to limited exceptions, corporations are precluded from bringing defamation proceedings— a in relation to causes of action to which the Defamation Act applies, by section 8A of that Act, and. Am , Sch 1[10]. Am , Sch 1[12].

Part 16 Default judgment. Part 17 Admissions. Part 18 Motions. Part 19 Amendment. Am , Sch 1 [17]. Part 20 Resolution of proceedings without hearing. Division 1 Mediation. Division 2 Arbitration.

Division 3 References to referees. Division 3A Conciliation. Section of the Industrial Relations Act provides that the Supreme Court is not to make an order under Part 2 of Chapter 7 of that Act until the parties to the application for the order satisfy the Court that they unsuccessfully attempted to settle the matter by means of a conciliation conducted by the Commission.

If a conciliation results in the proceedings being settled, section 2 of the Industrial Relations Act requires the Court to make an order that, to the extent authorised by that Act, gives effect to the terms of the settlement. Division 4 Compromise. Division 5. Division 6 Acknowledgment of liquidated claim. See rule 6. Part 21 Discovery, inspection and notice to produce documents. Division 1 Discovery and inspection. See the Dictionary for further definitions including, in particular, a definition of possession.

Division 2 Notice to produce before hearing. Part 22 Interrogatories. Part 23 Medical examinations and inspection of property. Division 1 Medical examination. Division 2 Rehabilitation assessment. Division 3 Inspection of property. Division 4 Default. Part 24 Taking evidence otherwise than at trial. Part 25 Interim preservation.

Division 2 Freezing orders. The provisions of this Division comprise uniform rules developed under the auspices of the Australian Council of Chief Justices. The definition of judgment in the Federal Court Rules is not included above. The word is defined in section 3 of the Civil Procedure Act for the purposes of that Act and these rules. In any notice of motion for a freezing order, a party should be referred to by the appropriate expression prescribed by rule Division 3 Search orders.

In any notice of motion for a search order, a party should be referred to by the appropriate expression prescribed by rule Part 26 Receivers. Part 27 Disposal of land. Part 28 Separate decision of questions and consolidation.

Division 2 Separation of questions. Division 3 Consolidation etc of proceedings. See also Division 5 of Part 6 with respect to joinder of causes of action and joinder of parties. Part 29 Trials. Am , Sch 1 [7]. Subst , Sch 1. Section 21 2 b of the Defamation Act requires an election to be accompanied by the fee prescribed by the regulations under the Civil Procedure Act for the requisition of a jury in the court concerned.

Part 30 Assessment of damages and value of goods. Part 31 Evidence. Division 1 Evidence at hearing. Division 2 Provisions applicable to expert evidence generally. The provisions of this Division replace those of former Divisions 2 and 3, as in force immediately before 8 December The numbering of the individual provisions of this Division varies considerably from that of the provisions of the former Divisions.

The following Table identifies the new rules corresponding to former rules Table Former rule. Subdivision 1 Preliminary. Former rule. Am 63 , Sch 1 [9]; , Sch 1 [15]. Am 63 , Sch 1 [10]; , Sch 1 [16]. Am , Sch 1 [11]; , Sch 1 [18] [19]. Subst , Sch 1 [2]. Am , Sch 1 [3] [4]; , Sch 1 [24]—[28]. Ins , Sch 1 [7]. Subst , Sch 1 [11]; 88 , Sch 1 [14]. Am 63 , Sch 1 [11]. Rep , rule 3. Am No 22, Sch 3 [4] [5]; , Sch 1 [58]—[64]; , Sch 1 [2]; , Sch 1 [19]; , Sch 1 [27]; , Sch 2 [9]; , Sch 1 [11]; 88 , Sch 1 [15]; , rule 3 1 2 ; , Sch 1 [8]; , cl 3 1 2.

Am No 22, Sch 3 [6]; , Sch 1 [65]; , Sch 1 [7]; , Sch 1 [28]; , Sch 1 [2]; , Sch 1 [8]; , Sch 1 [12]; , Sch 1 [22]; , Sch 1 [9]. Am , Sch 1 [20]; , Sch 1 [13] [14]. Subst 29 , Sch 1 [2]. Rep , Sch 1 [12]. Am , Sch 1 [31] [32]; 88 , Sch 1 [16] [17]. Am , Sch 1 [67]. Subst , Sch 1 [4]; , Sch 1. Am , cl 3. Ins , Sch 1 [29]. Am No , Sch 2. Ins , Sch 1 [24]. Am , rule 3; No 88, Sch 2. Am , Sch 1 [15]; No 71, Sch 2. Am , Sch 1 [21]; , Sch 1 [8]; , Sch 1 [33]; , Sch 1 [21]; , Sch 1 [25]; 88 , Sch 1 [20]; , Sch 1 [14]; 96 , Sch 1 [6]; No 7, Sch 2.

Site header. Table Of Contents. Date of commencement, on publication on LW, cl 2. Assented to Date of commencement of Sch 3, Date of commencement, 1. Date of commencement of amendments made by Sch 2. Date of commencement, assent, sec 2. Date of commencement, 8. Date of commencement of Sch 2, 1. Date of commencement, on publication on LW, rule 2. Date of commencement of Sch 2, 8.

Date of commencement, 4. Date of commencement of Sch 6. Date of commencement of Sch 1 [3] [4] and [6], on publication on LW, rule 2 1.

Date of commencement of Sch 2, 6. Date of commencement of Sch 3, 1. Date of commencement of Sch 4 [2], 6. Date of commencement of Sch 2, assent, sec 2 2. Rule 1. Part 1, Div 4 Ins , Sch 1 [1]. Rules 1. Am No 28, Sch 1. Part 1, Div 5 rules 1. Part 1, Div 6 rules 1. Part 3, heading Subst 29 , Sch 1 [1]. Part 3, Div 1, heading Ins 29 , Sch 1 [1]. Rule 3. Part 3, Div 2, heading Ins 29 , Sch 1 [1]. Part 3, Div 3, heading Ins 29 , Sch 1 [1].

Subst , Sch 1 [7]. Rules 3. Part 3, Div 4, heading Ins 29 , Sch 1 [1]. Rep , Sch 1 [10]. Rule 4. Subst 88 , Sch 1 [5]. Rule 5. Rule 6. Rep , Sch 1 [2]. Part 6, Div 8 Ins , Sch 1 [2]. Rules 6. Am , Sch 1 [8] [9]. Part 6, Div 9 rules 6.

Rule 7. Part 7, Div 8 Ins , Sch 4 [1]. Am , Sch 4 [2]. Part 7, Div 9 Ins , Sch 1 [4]. Am , Sch 1 [4] [5]. Rules 7. Part 8, note Rep , Sch 2 [3]. Rule 9. Rule Part 10, Div 4 rule Part 11, heading Subst , Sch 1 [4]. Part 11, Div 1A Ins , Sch 1 [2]. Rules Part 11, Div 3 Ins , Sch 1 [5]. Part 11A, Divs 1—4 rules 11A.

Part 14, Div 6 Ins , Sch 1 [3]. Am , Sch 1[1]. Am , Sch 1[3]. Am , Sch 1[5]. Part 15, Div 4 Ins , Sch 1 [4]. Am , Sch 1[6]—[8]. Am , Sch 1[10].

Am , Sch 1[12]. Part 20, Div 3A rules Part 20, Div 5 rule Part 25, Div 1, heading Ins , Sch 1 [7]. Part 25, Divs 2, 3 rules Part 31, Div 2 Subst , Sch 1 [1]. Part 31, Div 2, Subdiv 1, heading Ins , Sch 1 [1]. Part 31, Div 2, Subdiv 2, heading Ins , Sch 1 [1]. Part 31, Div 2, Subdiv 3, heading Ins , Sch 1 [1]. Am , Sch 2 [4]. Part 31, Div 2, Subdivs 4, 5 rules Part 31, Div 3 Rep , Sch 1 [1]. Ins , Sch 1[1].

Part 32 Subst , Sch 1 [3]. Part 32, Div 1, heading Ins , Sch 1 [3]. Part 32, Div 2, heading Ins , Sch 1 [3]. Part 32, Div 3, heading Ins , Sch 1 [3]. Part 32, Divs 4, 5 rules Part 33, note Ins , Sch 1 [11].

Subst , cl 3. Part 40, Div 2, heading Am , Sch 1 [5]. Rep , Sch 1 [6]. Am , Sch 1 [8]. Part 44, Div 1 rule Part 45, Div 1 Ins , Sch 1 [12]. Am , Sch 1 [14]. Part 45, Div 2 Ins , Sch 1 [12]. Part 46 Ins , Sch 1 [12]. Part 46, Div 1 rules Part 46, Div 2 Ins , Sch 1 [12].

Am , Sch 1 [7]—[9]. Am 63 , Sch 1 [2]. Part 46, Div 3 rules Part 47, heading Ins , Sch 1 [12]. Part 47 Ins , Sch 1 [12]. Part 47, Div 1 Ins , Sch 1 [12]. Part 47, Div 2 rules Part 48, Divs 1—5 rules Part 49, heading previously Part 45, heading Renumbered , Sch 1 [11]. Subst , Sch 1 [8]. Part 49 previously Part 45 Renumbered , Sch 1 [11]. Part 50 previously Part 46 Renumbered , Sch 1 [11]. Am , Sch 1 [10]. Am , Sch 1 [23].

Part 50, Divs 6, 7 Ins , Sch 1 [19]. Part 51 Ins , Sch 1 [1]. Part 51, Div 1 Ins , Sch 1 [1]. Part 51, Div 2 rules Part 51, Div 3 Ins , Sch 1 [1].

Am , Sch 3 [1]. Part 51, Div 4 Ins , Sch 1 [1]. Part 51, Div 4, Subdiv 1 Ins , Sch 1 [1]. Am , Sch 3 [2]. Part 51, Div 4, Subdiv 2 Ins , Sch 1 [1]. Part 51, Div 4, Subdiv 3 rules Part 51, Div 5 Ins , Sch 1 [1]. Part 51, Div 5, Subdiv 1 Ins , Sch 1 [1]. Am , Sch 1 [3]. Part 51, Div 5, Subdiv 2 Ins , Sch 1 [1]. Am 63 , Sch 1 [4]. Subst , Sch 1 [4]. Part 51, Div 5, Subdiv 3 Ins , Sch 1 [1]. Am , Sch 1 [5]—[12] Rule Am 63 , Sch 1 [8]. Part 51, Div 5, Subdiv 4 Ins , Sch 1 [1].

Am , Sch 1 [20] [21]. Part 51, Div 5, Subdiv 5 rule Part 51, Div 5, Subdiv 5A rule Part 51, Div 5, Subdiv 6 Ins , Sch 1 [1]. Am , Sch 3 [4]. Part 51, Div 6 Ins , Sch 1 [1]. Am , Sch 1 [22]. Part 51, Div 7 Ins , Sch 1 [1]. Part 51, Div 8 Ins , Sch 1 [1]. Part 51, Div 8, Subdiv 1 Ins , Sch 1 [1]. Part 51, Div 8, Subdiv 2 Ins , Sch 1 [1]. Part 51, Div 8, Subdiv 3 Ins , Sch 1 [1].

Part 51, Div 8, Subdiv 4 Ins , Sch 1 [1]. Am , Sch 1 [29]. Am , Sch 1 [30]. Part 52 Ins , Sch 1 [7]. Am 88 , Sch 1 [12] [13]. Part 53 rules Part 54 rules Part 55 Ins , Sch 1 [7]. Part 55, Divs 1, 2 rules Part 55, Div 3 Ins , Sch 1 [7]. Subst , Sch 1 [11]. Rep , Sch 1 [11]. Part 55, Div 4 Ins , Sch 1 [7].

Part 56 Ins , Sch 1 [7]. Part 56A rules 56A. Part 57 Ins , Sch 1 [7]. Part 57, heading Ins , Sch 1 [7]. Am , Sch 1 [19].