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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 25 September 2017 at 03:33)
Part 71A
1   Interpretation
(1)  In this Part, unless the context or subject matter otherwise indicates or requires, each of the expressions:
court of rendition,
enforcement,
judgment, and
place of rendition,
has the meaning which it has in the Service and Execution of Process Act.
(2)  For the purposes of the application of the rules, unless the context or subject matter otherwise indicates or requires, defendant includes the respondent under section 86 or section 90 of the Service and Execution of Process Act.
2   Commencement of proceedings
(1)    (Repealed)
(2)  Proceedings in the Court under section 105 (4) of the Service and Execution of Process Act shall be commenced by summons.
(3)  Proceedings in the Court on an application under section 57 (1), section 67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service and Execution of Process Act shall be commenced by summons.
(4)  Proceedings in the Court on an application under section 72 (1) or section 86 of the Service and Execution of Process Act shall be commenced:
(a)  where the application is in or for the purposes of or in relation to proceedings in the Court—by motion on notice in those proceedings, or
(b)  otherwise—by summons.
3   Title and parties
(1)  A document in any proceedings in the Court under Part 6 of the Service and Execution of Process Act shall be entitled between:
(a)  as plaintiff, the person in whose favour judgment was given or order made, and
(b)  as defendant:
(i)  the person against whom execution is issued or other proceedings taken upon the judgment registered under that Act, or
(ii)  the applicant for a stay under section 106 of that Act.
(2)  In proceedings under section 57 (1), section 67 (1), section 76 (1), section 79 (1) or section 93 (1) of the Service and Execution of Process Act, no person shall be joined as a defendant.
4   Where service not required
Process by which application is made under section 57 (1), section 67 (1), section 76 (1), section 79 (1), section 93 (1) or section 105 (4) of the Service and Execution of Process Act need not, unless the Court otherwise orders, be served on any person.
5   Where attendance not required
Where, in proceedings for an order under section 57 (1), section 76 (1) or section 79 (1) of the Service and Execution of Process Act, the plaintiff adds to the summons a request that the application be granted under this rule, the Court may hear the proceedings in the absence of the public and without any attendance by or on behalf of the plaintiff.
6   Enforcement proceedings
(1)  A person proceeding for enforcement of a judgment registered under the Service and Execution of Process Act shall file an affidavit, sworn not more than 14 days before proceedings are taken, stating:
(a)  that the judgment is capable of being enforced, and
(b)  the extent to which the judgment is capable of being enforced,
in or by:
(c)  the court of rendition, or
(d)  a court in the place of rendition.
(2)  The Court may notify the Sheriff of any change in the rate of interest payable on the judgment in the court of rendition.
7   Costs and expenses of registration etc
(1)  The costs and expenses referred to in section 107 (1) of the Service and Execution of Process Act shall be assessed by the Court.
(2)  An application for assessment of costs and expenses under subrule (1) shall be made by filing an affidavit:
(a)  which contains particulars of the costs and expenses claimed, and
(b)  states the basis upon which the costs and expenses are claimed.
(3)  The plaintiff may proceed without service of the affidavit on any party.
(4)  The Court may make an assessment in the absence of the public and without any attendance by or on behalf of the plaintiff.
8   Facsimile number and e-mail address
An application made to the Court under a provision of the Service and Execution of Process Act:
(a)  if made by facsimile transmission—must be transmitted to transmission number (02) 9230 8628, or
(b)  if made by electronic mail—must be transmitted to the following address:
supremecourt@agd.nsw.gov.au