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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 27 April 2017 at 09:17)
Schedule D
Schedule D Powers of associate Judges
Pt 60, r 1A.
Part 1 Powers under NSW and Commonwealth Acts and regulations
Column 1
Column 2
Column 3
Act or regulation and provision
Description
Restriction
  
•  section 5
Enforcement of judgment of British dominion
 
  
•  section 12 (1)
Order to witness to attend
 
  
•  section 4B
Extension of time for registering, filing etc
 
  
•  section 14
Persons in default; orders for compliance or stay of proceedings
 
  
•  section 23 (2)
Contraventions of Act; orders for compliance or adjournment of proceedings
 
  
•  section 32
Disposition of assets
 
  
•  section 18 (1)
Examination before the Court
 
•  section 30
Correcting award
 
•  section 35 (1) (a)
Delivery of award
 
•  section 36
Costs of abortive arbitration
 
•  section 46 (2) (a)
Terminating proceedings for delay
 
•  section 48
Extension of time
For making award only
•  section 53
Stay of proceedings
 
•  section 54
Interpleader
 
•  section 60 (d)
Service of notices
 
Companies Act 1961:
  
•  section 363
Security for costs
 
Companies Code:
  
•  section 123
Reduction of capital
 
•  section 212
Rectification of Register of Company Charges
 
•  Part 12, Division 2
Winding up by the Court
Except sections 377 (5) and 388
•  section 396 (4)
Members’ voluntary winding up: meeting
 
•  section 401
Creditors’ voluntary winding up
 
•  section 402
Creditors’ voluntary winding up: recognized company
 
•  section 406
Voluntary winding up: remuneration of liquidator
 
•  Part 12, Division 4
Winding up: companies
In a winding up by the Court and except sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code
•  Part 12, Division 6
Winding up: bodies other than companies
Except in respect of sections 417 (2), 420, 423 (1), 427 (2), 454 and 462 (6) of the Code
•  section 533
Security for costs, etc
 
•  section 536
Directions: meetings ordered by the Court
 
•  section 539
Irregularities, extension of time, etc
Restricted orders or declarations in or for the purposes of proceedings for other relief under the Code which the associate Judge may grant
•  section 541
Examination of persons concerned with corporations
 
Companies (New South Wales) Regulations
  
•  regulation 78
Liquidator’s account
 
•  regulation 81
Deposit with liquidator
 
•  regulation 87
Costs of meeting
 
•  regulation 90
Adjournment of meeting
 
•  regulation 96
Votes of secured creditors
 
•  regulation 118
Bills of exchange
 
•  regulation 123
Costs of proof
 
•  regulation 125
Dealing with proof
 
•  regulation 126
Time for appeal
 
•  regulation 134
Time for appeal
 
•  regulation 143
Distribution of surplus
 
  
•  section 77
Registration of interstate forfeiture order etc
 
•  section 82 (1)
Order for cancellation of registration of interstate forfeiture order etc
 
  
•  section 14
Attachment order
 
  
•  section 77
Directions relating to a receiver
 
•  section 85
Bill of costs
 
  
•  section 36A
Division of chattels
 
•  section 66G
Trustees for sale
 
•  section 89
Modification of easements, etc
 
•  section 98 (1)
Amount due by absent, etc mortgagee
 
Corporations Act 2001 of the Commonwealth:
  
•  section 274
Rectification of register of company charges
 
•  Part 5.3A
Administration of company’s affairs with view to executing deed of company arrangement
 
•  Part 5.4
Winding up
 
•  section 461
Winding up
Where the application is not opposed
•  Part 5.4B
Winding up
Except ss 472 (2), (3) and (6), 486A, 486B and 487
•  section 495 (4)
Members’ voluntary winding up: meeting
 
•  section 500
Creditor’s voluntary winding up
 
•  section 504
Voluntary winding up: remuneration of liquidator
 
•  Part 5.6
Winding up: companies
In a winding up by the court and except ss 532 (2), 536, 540 (1), 544 (2) and 568
•  Part 5.7
Winding up: bodies other than companies
Except in respect of ss 532 (2), 536, 540 (1), 544 (2) and 568
•  section 597
Examination of persons concerned with corporations
 
•  section 1274
Directions to make good default in lodgement of documents
 
•  section 1319
Directions, meetings ordered by the Court
 
•  section 1321
Appeals from decisions of receivers, liquidators etc
Restricted to appeals in respect of decisions under section 430 (3) or 475 (8) of the Corporations Act 2001
•  section 1322
Irregularities, extension of time etc
Restricted to orders or declarations in or for the purposes of proceedings for other relief under the Corporations Act 2001 which the associate Judge may grant
•  section 1324
Injunctions
Restricted to orders where it is alleged that there has been an inappropriate reduction of capital or share buy back
•  section 1335
Security for costs etc
 
Corporations Regulations 2001 of the Commonwealth:
  
•  Part 5.6
Winding up
 
  
•  section 4
Sanctioning settlements, etc
 
•  section 5
Directions, etc, as to money paid to Public Trustee
 
•  section 7
Assessments, directions, certificates and references as to costs
 
  
•  section 143
Transfers to District Court
 
•  section 145
Removal of proceedings
 
  
•  section 62
Disputed claims for compensation
 
Family provision
 
  
•  sections 6, 8, 9
Enforcement of judgment of a country
 
Foreign Judgments Act 1991 of the Commonwealth:
  
•  sections 6, 7, 8, 9
Enforcement of judgment of a country
 
  
•  section 17A (1)
Joinder of insurer etc
 
  
•  section 45 (1)
Registration of a forfeiture order
 
  
•  Part 5
Charging orders
 
  
•  section 38 (1) (b)
Excusing juror
 
  
•  section 72
Transfer to Land and Environment Court
 
  
•  section 2A (3)
Time for writ of possession
 
•  section 9 (1)
Payment into Court
 
•  section 9 (2)
Direction for entry of judgment
 
•  section 10
Stay
 
•  section 27 (2)
Relief relating to bond
 
•  section 27 (3)
Cancellation of bond
 
  
•  section 80 (7) (d)
Claim against Fidelity Fund; time
 
•  section 87 (4) (b)
Final date for claim against Fund
 
•  section 90C
Enforcement against Fund
 
•  section 102
Directions relating to a receiver
 
•  section 208L
Appeal against decision of costs assessor
 
•  section 208M
Leave to appeal, appeal: determination of costs assessor
 
•  section 208N
Suspension of costs determination and ending suspension
 
•  section 209C
Order for barrister or solicitor to give to a client a bill of costs or certain documents
 
  
•  section 58 (2)
Extension of limitation period—personal injury action not surviving
 
•  section 59 (2)
Extension of limitation period—personal injury action which survives
 
•  section 60 (2)
Extension of limitation period—compensation to relatives claim
 
•  sections 60C–60H
Personal injury cases
 
•  section 73 (1)
Extension of limitation period—arbitration
 
•  Schedule 5 clause 5 (5)
Transitional provisions
 
  
•  section 13
Fraudulent investment of spouse’s money
 
  
•  section 41 (3)
Removal of proceedings
 
  
•  section 42 (4)
Explanation for non compliance
 
•  section 42 (5)
Allow proceedings to continue
 
•  section 43A (7), 44B
Dismiss proceedings
 
•  section 47A
Joinder of insurer
 
•  section 48
Co-operation with person against whom claim made and the person’s insurer
 
•  section 52 (4)
Commencing proceedings
 
•  section 66A (1)
Joinder of insurer
 
  
•  section 36 (5)
Extension of time for giving notice
 
•  section 36 (7), (8)
Joinder of Nominal Defendant
 
•  section 70 (2)
Explanation for non- compliance
 
•  section 70 (3)
Allow proceedings to continue
 
•  section 73 (4), 76
Dismiss proceedings
 
•  section 79
Joinder of insurer
 
•  section 85
Co-operation with person against whom claim made and the person’s insurer
 
•  section 109 (1)
Commencing proceedings
 
•  section 119 (1)
Joinder of insurer
 
  
•  section 14E (1) and (2)
Joint hearing and transfer
 
  
•  section 34A
Registration of a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order
 
•  section 34A (5)
Registration of amendment to a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order
 
•  section 34G
Order cancelling registration
 
Offshore Minerals Act 1994 of the Commonwealth:
  
•  section 351 (1) (a)
Removal of caveat
 
•  section 351 (1) (c)
Extending caveat
 
•  section 351 (2)
Non-registration of further caveat
 
  
•  section 351 (1) (a)
Removal of caveat
 
•  section 351 (1) (c)
Extending caveat
 
•  section 351 (2)
Non registration of further caveat
 
Probate and Administration Act 1898 (including former provisions of the Wills, Probate and Administration Act 1898 with continuing application):
  
•  former section 13
Gifts to interested witnesses
 
•  former section 15A
Effect of termination of marriage
 
•  section 84
Application for legacy, etc
 
•  section 146
Caveat: application for grant to proceed
 
Proceeds of Crime Act 1987 of the Commonwealth:
  
•  section 23A (2)
Direction to DPP to give or publish notice of registration
 
Proceeds of Crime Act 2002 of the Commonwealth:
  
•  Division 1 of Part 2-2
Forfeiture order
 
De facto relationships
Domestic relationships
 
  
•  section 83J
Directions relating to a receiver
 
•  section 83V
Directions relating to a receiver
 
  
•  section 160
Directions relating to a receiver
 
•  section 161
Directions relating to a receiver
 
  
•  section 74D (2)
Extending caveat
 
•  section 74K (2)
Extending caveat
 
•  section 74MA (2)
Withdrawal of caveat
 
•  section 74O
Further caveat
 
  
•  section 17 (1)
Shortening of time for appearance
 
•  section 57 (1)
Leave to serve a subpoena outside the State etc
 
•  section 67 (1)
Order to produce
 
•  section 76 (1)
Leave to serve a subpoena outside the State etc
 
•  section 79 (1)
Order to produce
 
  
•  Chapter 3
Family provision
 
Maintenance
Except sections 13 to 21 inclusive (guardianship)
  
•  section 63
Judicial advice
 
•  section 70
New trustees
 
•  section 71
Vesting orders
 
•  section 75 (1)
Deceased mortgagee
 
•  section 81
Advantageous dealings
 
•  Part 4
Payment into Court
Except section 97 (2)
  
•  section 15B (4)
Directions
 
•  section 21 (2)
Ordering account
 
•  section 22
Ordering audit
 
•  section 27 (1)
Payment out
 
  
•  section 151A (5) (as continued in effect by Part 18C of Schedule 6)
Leave to revoke election
 
•  section 151C
Commencing proceedings
 
•  section 151D
Commencing proceedings
 
Part 2 Limitations of powers under provisions of the rules
Column 1
Column 2
Column 3
Rules of court and provision
Description
Extent of power
  
Part 14A
Technology and Construction List
 
Part 49—
  
Rule 3 (4) (b)
Discharging or varying judgment or order.
 
Part 54
Prerogative and other orders
Where paragraph 5 of Part 3 of this Schedule applies.
Part 55—
  
Rules 2, 4, 6, 8, 13, 14.
Contempt in the face or hearing of the Court.
Where paragraph 6 of Part 3 of this Schedule applies.
Rule 10
Arrest
 
Part 60
associate Judges
 
Part 68—
  
Rule 8 (2)
General administration of an estate.
 
Rule 9
Conduct of sale of property
 
Part 69
Infants’ Custody and Settlements Act Rules.
 
Part 70—
  
Rule 9 (1)
Affidavit of fitness of new trustee.
 
Rule 11 (3)
Joining a defendant
 
Rule 14
Notice of payment into Court
 
Rule 15
Inquiries relating to application of funds.
 
Part 73
Adoption of Children
 
Part 75
Criminal proceedings
 
Part 76
Protective business
Except as provided in Part 76.
Part 78
Probate
Under Part 78 rules 38, 59, 69, 71 and 72.
  
Part 51
Court of Appeal
 
Part 3 General
1   
Trial (except with a jury) of proceedings, where the only matters in question are the amount of damages and costs.
2   
Trial (except with a jury) of proceedings where the only matters in question are the value of goods and costs or the amount of damages, the value of goods and costs.
3   
Trial of proceedings pursuant to a direction under rule 9 of Part 56 (which relates to interpleader).
3A   
(Interest up to judgment) Trial of proceedings where the only matters in question are interest under section 94 of the Act and costs.
4   
Any:
(a)  trial or hearing of proceedings (except with a jury), or
(b)  matter (other than a matter of proceedings tried or to be tried with a jury),
where referred to an associate Judge by an order of a Judge or of the Court of Appeal.
(c), (d)    (Repealed)
5   
An appeal from, or an application for prerogative or declaratory relief relating to, the Consumer, Trader and Tenancy Tribunal.
5A   
Proceedings referred to an associate Judge by a Judge where those proceedings are an appeal from, or an application for prerogative or declaratory relief relating to, the Administrative Decisions Tribunal.
5B   
An appeal from a Local Court in any civil matter.
6   
Punishment for contempt in the face of the Court or in the hearing of the Court, where the Court is constituted by the associate Judge concerned, and punishment for breach of an undertaking given to the Court constituted by an associate Judge.
7   
Under section 16 of the Act, the application of the Act to, and the effect of the repeals and amendments made by the Act on, proceedings commenced in the Court before the commencement of the Act.
8   
(Possession of land) Trial or hearing of proceedings (except with a jury) where:
(a)  the only matter in question is a claim for the possession of land, or
(b)  the only matters in question are a claim for the possession of land and one or more of the following:
(i)  a claim or cross-claim for damages,
(ii)  a claim or cross-claim for other money,
(iii)  a claim or cross-claim for costs.
9   
(Costs) Hearing of proceedings where the only matter in question is the matter of costs.
10   
Payment, transfer or delivery out of Court, and investment, of funds in Court in the Equity Division.
11   
Proceedings for perpetuation of testimony.
12   
Orders under section 100 of the Act (which section relates to an appointment to execute an instrument).
13   
(Extension of time for action) Under any provision mentioned in Schedule 1 of the Notice of Action and Other Privileges Abolition Act 1977 to which section 3 to that Act (which section relates to a cause of action accrued before the commencement of that Act) applies.
14   
(Lost bond or debenture) Orders under any provision by or under any Act that a debenture or bond issued by a corporation constituted by that Act, or a coupon annexed to that debenture or bond, has been lost or destroyed or defaced and directions by or under that Act for advertisement relating to that debenture, bond or coupon.
15   
Orders under any provision made by or under any Act for the appointment of a receiver of the income of a corporation which is constituted by that Act and which makes default in payment to the holder of any debenture, or coupon, issued or stock inscribed by that corporation.
16   
Order under section 95 of the Act (which section relates to interest on money payable under a judgment).
17   
(Running down cases) Trial (except with a jury) of proceedings to which section 87 of the Act applies (which section relates to running down cases).
17A   
Trial (except with a jury) of proceedings in the Common Law Division on a claim in which:
(a)  damages are claimed in respect of the death of or personal injuries to any person,
(b)  damages are claimed in respect of damage to property and:
(i)  the proceedings include a claim in respect of the death of or personal injuries to any person, and
(ii)  if separate proceedings were brought in respect of:
(A)  the claim referred to in subparagraph (i), and
(B)  the claim in respect of damage to property,
some common question of fact would arise in both claims, or
(c)  contribution is claimed under Part III of the Law Reform (Miscellaneous Provisions) Act 1946 in respect of damages of the nature referred to in paragraph (a) or (b).
18   
(Companies Code) An appeal under section 538 of the Companies (New South Wales) Code in respect of a decision under section 329 (3) or section 375 (8) of that Code (which subsections relate to the costs, etc, of a person making a report to a receiver or liquidator).
19   
(Associations Incorporation Act) Appeal under section 58 of the Associations Incorporation Act 1984 in respect of a decision under section 375 (8) of the Companies Code in relation to an incorporated association (which subsection relates to the costs, etc of a person making a report to a liquidator).
20, 21   (Repealed)
22   
Trial (except with a jury) of proceedings under section 205F (1) or section 206 (6) or section 207 (2) or section 243T (3) of the Customs Act 1901 of the Commonwealth.
23   
Trial (except with a jury) of proceedings under section 69E (1) or section 69L or section 69R (3) or section 69W (4) of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the Commonwealth.
24   
Trial (except with a jury) of any proceedings arising out of or under the Partnership Act 1892 or any question arising in proceedings where the plaintiff alleges the plaintiff and any defendant were partners and that the partnership has terminated.
25   
Trial (except with a jury) of proceedings for any of the following matters:
(a)  the foreclosure or redemption of a mortgage or the enforcing of any charge or lien,
(b)  the specific performance, rectification, delivery up or cancellation of any agreement for the sale or purchase of any property or the lease of any property,
(c)  relief against fraud or mistake,
(d)  the execution of a trust or a declaration that a trust subsists,
(e)  the administration of the estate of a deceased person,
(f)  any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which paragraph (a), (b), (c), (d) or (e) applies).
26   
Trial (except with a jury) of any proceedings in the Equity Division in which all the parties are related to each other by blood or marriage (other than adoption proceedings or matters arising in the Court’s parens patriae jurisdiction).
27   
Trial (except with a jury) of any proceedings arising out of or under the Frustrated Contracts Act 1978, the Contracts Review Act 1980 or the Fair Trading Act 1987.
28   
In proceedings in which an associate Judge has jurisdiction to determine a matter under these rules, any inherent jurisdiction of the Court to decide any associated or appendant matter in issue in the proceedings.
29   
Any jurisdiction of the Court that is exercisable by a registrar of the Court.