1 Name of Act
2 Commencement
3 Definitions
4 Application of Parts 3–9
5 Jurisdiction of courts
6 Repeals, amendments and savings provisions
7 Review of Act
Division 1 Rules, practice notes and forms
8 Uniform Rules Committee
9 Uniform rules
10 Rules of court taken to include uniform rules
11 Relationship between uniform rules and local rules
12 Officers of the court may exercise functions conferred by uniform rules
13 Officers of the court may be authorised to exercise court’s functions
14 Court may dispense with rules in particular cases
15 Practice notes
16 Court may give directions in circumstances not covered by rules
17 Forms
18 Fees
Part 3 Commencing and carrying on proceedings generally
19 Commencing and carrying on proceedings
20 Claims for possession of land
21 Defendant’s right to set-off
22 Defendant’s right to cross-claim
23 Effect of abandoning excess claim
24 Effect of splitting cause of action
Part 4 Mediation of proceedings
25 Definitions
26 Referral by court
27 Duty of parties to participate
28 Costs of mediation
29 Agreements and arrangements arising from mediation sessions
30 Privilege
31 Confidentiality
32 Directions by mediator
33 Protection from liability for mediator
34 Mediation otherwise than under this Part
Part 5 Arbitration of proceedings
35 Definitions
36 Appointment to office as arbitrator
37 Jurisdiction of arbitrator
38 Referral to arbitration
39 Determination by arbitrator
40 Award taken to be judgment of court
41 Judicial supervision of arbitrator
42 Application for rehearing
43 Order for rehearing
44 Rehearing
45 Discontinuance of rehearing
46 Costs of rehearing
47 Subpoena at rehearing against arbitrator
48 Appearances
49 Procedure
50 Issue of subpoenas
51 Evidence
52 Refusal or failure to take oath etc
53 Contempt
54 Costs
55 Protection from liability for arbitrator
Part 6 Case management and interlocutory matters
56 Overriding purpose
57 Objects of case management
58 Court to follow dictates of justice
59 Elimination of delay
60 Proportionality of costs
Division 2 Powers of court to give directions
61 Directions as to practice and procedure generally
62 Directions as to conduct of hearing
63 Directions with respect to procedural irregularities
Division 3 Other powers of court
64 Amendment of documents generally
65 Amendment of originating process after expiry of limitation period
66 Adjournment of proceedings
67 Stay of proceedings
68 Attendance at court and production of documents and things to court
69 Affidavits and witness statements may be read in advance of hearing
70 Informal proof and admissions
71 Business in the absence of the public
72 Court may prohibit disclosure of information
73 Power of court to determine questions about compromises and settlements
Division 4 Persons under legal incapacity
74 Definitions and application
75 Settlement of claim made on behalf of, or against, person under legal incapacity
76 Settlement of proceedings commenced by or on behalf of, or against, person under legal incapacity
77 Payment of money recovered on behalf of person under legal incapacity
78 Application of money by NSW Trustee and Guardian
79 Application of money by manager of protected person’s estate
80 Directions to tutor of person under legal incapacity
81 Definitions and application
82 Court may order interim payments
83 Interim payment not admission of liability
84 Adjustments on final judgment etc
85 Examination on oath
86 Orders
87 Protection against self-incrimination in relation to interlocutory matters
88 Fresh trial
89 Procedure on fresh trial
Division 1 Judgments and orders generally
90 Judgments generally
91 Effect of dismissal of proceedings
92 Judgments for possession of land
93 Judgments for detention of goods
94 Failure to comply with order to execute instrument
95 Joint liability
96 Set-off of judgments
97 Arrest warrants
Division 2 Costs in proceedings
98 Courts powers as to costs
99 Liability of legal practitioner for unnecessary costs
Division 3 Payment of interest
100 Interest up to judgment
101 Interest after judgment
Part 8 Enforcement of judgments and orders
102 Definitions
103 Enforcement of judgments generally
104 Judgments for possession of land
105 Judgments for delivery of goods
106 Judgments for payment of money
107 Deferred payment and payment by instalments
108 Order for examination
Division 2 Writs for the levy of property
Subdivision 1 Enforcement against goods and securities
109 Effect of writ of execution on goods
110 How goods subject to conditional bill of sale to be dealt with
111 How securities to be dealt with
Subdivision 2 Enforcement against land
112 Effect of judgment and writ of execution on land
113 Sale or mortgage by judgment debtor of land affected by order
114 Entry onto land for purposes of sale by auction
115 Effect of sale of property
116 Effect of expiry of writ
Subdivision 1 Enforcement against debts
117 Operation of garnishee order in relation to debts
118 Time within which payment to be made
Subdivision 2 Enforcement against income
119 Operation of garnishee order in relation to income
120 Time within which payment to be made
121 Maximum payment under one of several concurrent garnishee orders
122 Maximum total payment under all garnishee orders
123 Payments by garnishee
124 Procedure where garnishee order not complied with
125 Repayment of excess amounts
126 Operation of charging order in relation to specified security interests
127 Unauthorised transfer or disposal of security interest under charging order
128 Disposal of security interest by judgment debtor invalid
129 No arrest on mesne process
130 Judgments not enforceable by certain means
131 Committal for contempt
132 Sheriff may appoint custodian for goods
133 Judgments and orders unenforceable until entered
134 Stale judgments and orders enforceable only by leave
135 Directions as to enforcement
136 Appropriation of payments towards judgment debt
137 Execution of judgments and orders for costs
138 Other methods of enforcing judgments
Part 9 Transfer of proceedings between courts
Division 1 Transfer of proceedings from lower to higher court
139 Definitions
140 Transfer of proceedings to higher court
141 Transfer orders
142 Stay of proceedings in lower court
143 Proceedings after transfer
144 Transfer of certain proceedings from District Court to Supreme Court
Division 2 Transfer of proceedings from higher to lower court
145 Definitions
146 Transfer of proceedings to lower court
147 Transfer orders
148 Proceedings after transfer
149 Jurisdiction of lower court
Division 2A Transfer of proceedings between Supreme Court and Land and Environment Court
149A Definitions
149B Transfer of proceedings between Supreme Court and Land and Environment Court
149C Transfer orders
149D Proceedings after transfer
149E Jurisdiction of transferee court
150–153(Repealed)
Schedule 2 Constitution and procedure of Uniform Rules Committee