Division 1 Supreme Court specialist lists
45.1 Entry as indicated by originating process
(1) If the originating process in proceedings in the Common Law Division of the Supreme Court indicates that the proceedings are intended to be entered in one of the following lists, the proceedings are to be entered in that list:The Administrative Law List
The Defamation List
The Possession List
The Professional Negligence List
(2) If the originating process in proceedings in the Equity Division of the Supreme Court indicates that the proceedings are intended to be entered in one of the following lists, the proceedings are to be entered in that list:The Admiralty List
The Commercial List
The Technology and Construction List
The Protective List
The Revenue List
The Probate List
(3) If proceedings are commenced by an originating process under the Supreme Court (Corporations) Rules 1999, the proceedings are to be entered in the Corporations List in the Equity Division of the Supreme Court.(4) In this Division, the lists referred to in subrules (1), (2) and (3) are referred to as specialist lists.
45.2 Entry and removal of proceedings pursuant to order of Supreme Court
Proceedings are to be entered in, or removed from, a specialist list if the Supreme Court so orders.
45.3 The Administrative Law List
(cf SCR Part 14D, rule 1)
(1) The following proceedings in the Supreme Court are to be entered in the Administrative Law List:(a) proceedings for commanding or otherwise requiring a public body or a public officer to perform a public duty,(b) proceedings for prohibiting or otherwise restraining a public body or a public officer from performing or purporting to perform any act,(c) proceedings for determining by declaration or otherwise any matter concerning the powers of a public body or a public officer,(d) proceedings in appeals or applications to the Court in respect of decisions of a public body or a public officer under any enactment specified in the rules for the purposes of this subrule.(2) In this rule:prescribed tribunal means:
(a) a specified tribunal within the meaning of section 48 of the Supreme Court Act 1970, or(b) the Local Court, or(c) a magistrate, coroner or assistant coroner, or(d) any other tribunal, person or body of persons prescribed, or belonging to a class prescribed for the purposes of this definition.public body means a body of persons, whether corporate or unincorporate, constituted by or under an Act and required to perform or performing public duties, but does not include a prescribed tribunal.
public officer means a person holding or acting in a public office under the Government of the State or an office created by or under an Act and required to perform or performing public duties, but does not include a prescribed tribunal.
(cf SCR Part 14B, rules 1 and 2)
(1) Proceedings in the Common Law Division of the Supreme Court in which a claim for possession of land is made are to be entered in the Possession List.(2) Subrule (1) does not apply to:(a) proceedings that involve a professional negligence claim, being proceedings entered in the Professional Negligence List, or(b) proceedings that involve an appeal against, or an application for a stay of, an order made by the Consumer, Trader and Tenancy Tribunal under the Residential Tenancies Act 2010.(3) A reference in this rule to an order made under the Residential Tenancies Act 2010 is taken to include a reference to an order made under the Residential Tenancies Act 1987 as in force before its repeal.
45.5 The Professional Negligence List
(cf SCR Part 14C, rule 1)
(1) Proceedings in the Common Law Division of the Supreme Court in which a professional negligence claim is made may be entered in the Professional Negligence List.(2) (Repealed)
(cf SCR Part 14, rule 1)
(1) The following proceedings in the Equity Division of the Supreme Court may be entered in the Commercial List:(a) proceedings arising out of commercial transactions,(b) proceedings in which there is an issue that has importance in trade or commerce.(2) In this rule, issue includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.
45.7 The Technology and Construction List
(cf SCR Part 14A, rule 1)
(1) The following proceedings in the Equity Division of the Supreme Court may be entered in the Technology and Construction List:(a) proceedings relating to or arising out of:(i) the design, carrying out, supervision or inspection of any building or engineering work, or(ii) the performance by any building or engineering expert of any other services with respect to any building or engineering work, or(iii) any certificate, advice or information given or withheld with respect to any building or engineering work, or(iv) the Building and Construction Industry Security of Payment Act 1999,(b) proceedings relating to or arising out of, or the determination of which involves, the design, acquisition, disposal or operation of technology in commercial transactions or in transactions involving Government,(c) proceedings on a claim for rectification, setting aside or cancellation of any agreement with respect to matters mentioned in paragraph (a) or (b).(2) In this rule:building or engineering expert includes a builder, engineer, architect, designer and quantity surveyor.
building or engineering work includes:
(a) any intended building or engineering work, and(b) any building or engineering work in the course of construction or completion or which has been substantially or fully completed, and(c) any associated work.
The following proceedings in the Equity Division of the Supreme Court may be entered in the Revenue List:(a) proceedings in which:(i) the Commissioner of Taxation, or a Second Commissioner of Taxation or Deputy Commissioner of Taxation, in and for the Commonwealth, or(ii) the holder of an equivalent office in and for a jurisdiction outside Australia,is a party,(b) proceedings in which:(i) the Chief Commissioner of State Revenue, or the Commissioner of State Revenue, in and for New South Wales, or(ii) the holder of an equivalent office in and for a jurisdiction outside New South Wales,is a party,(c) proceedings in which an issue has arisen in relation to a law under which the holder of an office referred to in paragraph (a) or (b) exercises functions.
45.8 Proceedings under particular Acts and instruments
(cf SCR Part 12, rule 1)
Proceedings in the Supreme Court:(a) under an Act or instrument referred to in Column 1 of Part 1 or 2 of Schedule 8, or(b) under a provision referred to in Column 2 of that Part in respect of any such Act or instrument,are to be entered in the list (if any) referred to in Column 4 of that Part in respect of that Act, instrument or provision.
Division 2 District Court specialist lists
The following specialist lists operate in the District Court:The Child Care List
The Coal Miners’ Workers Compensation List
The Construction List
The Commercial List
The Defamation List
The Professional Negligence List
The Property Relationships List
The Special Statutory Compensation List
45.10 Entry as indicated by originating process
(1) If the originating process in proceedings in the District Court indicates that the proceedings are intended to be entered in one of the following lists (or, where the originating process contains no such indication, if the defence so indicates) the proceedings are to be entered in that list:The Child Care List
The Coal Miners’ Workers Compensation List
The Defamation List
The Special Statutory Compensation List
(2) Proceedings are to be entered in, or removed from, a specialist list in subrule (1) if the court so orders.
(cf DCR Part 24A, rules 1, 2 and 3)
(1) The following proceedings in the District Court may be entered in, or removed from, the Construction List if the court so orders:(a) proceedings relating to or arising out of:(i) the design, carrying out, supervision or inspection of any building or engineering work, or(ii) the performance by any building or engineering expert of any other services with respect to any building or engineering work, or(iii) any certificate, advice or information given or withheld with respect to any building or engineering work, or(iv) the Building and Construction Industry Security of Payment Act 1999,(b) proceedings relating to or arising out of, or the determination of which involves, the design, acquisition, disposal or operation of technology in commercial transactions or in transactions involving Government,(c) proceedings on a claim for rectification, setting aside or cancellation of any agreement with respect to matters mentioned in paragraph (a) or (b).(2) In this rule:building or engineering expert includes a builder, engineer, architect, designer and quantity surveyor.
building or engineering work includes:
(a) any intended building or engineering work, and(b) any building or engineering work in the course of construction or completion or which has been substantially or fully completed, and(c) any associated work.
(cf DCR Part 24B, rules 2 and 3)
(1) The following proceedings in the District Court may be entered in, or removed from, the Commercial List if the court so orders:(a) proceedings arising out of commercial transactions,(b) proceedings in which there is an issue that has importance in trade or commerce.(2) This rule does not apply to proceedings that may be entered in the Construction List.(3) In this rule, issue includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.
45.13 The Professional Negligence List
(cf SCR Part 14C, rule 1)
(1) Proceedings in the District Court in which a professional negligence claim is made may be entered in, or removed from, the Professional Negligence List if the court so orders.(2) (Repealed)
45.13A The Property Relationships List
Proceedings in the District Court under the Property (Relationships) Act 1984 or Chapter 3 of the Succession Act 2006 may, subject to any relevant practice note, be entered in, or removed from, the Property Relationships List if the court so orders.
45.14 Proceedings under particular Acts and instruments
Proceedings in the District Court:(a) under an Act or instrument referred to in Column 1 of Part 1 or 2 of Schedule 9, or(b) under a provision referred to in Column 2 of that Part in respect of such an Act or instrument,are to be entered in the list (if any) referred to in Column 3 of that Part in respect of that Act, instrument or provision.