Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 11:52)
Part 44
Part 44 Transfer of proceedings
Division 1
44.1  (Repealed)
Division 2 Cross-vesting laws
44.2   Definitions
(cf SCR Part 74, rule 4)
(1)  In this Division, a cross-vesting Act means the Jurisdiction of Courts (Cross-vesting) Act 1987 or the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.
(2)  Expressions used in this Division have, in relation to proceedings under a cross-vesting Act, the same meaning as in that Act.
(3)  In this Division, a reference to a provision of a cross-vesting Act is a reference to a provision of the Jurisdiction of Courts (Cross-vesting) Act 1987, and extends to the corresponding provision of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth.
44.3   Mode of application
(cf SCR Part 74, rule 5)
Any application for an order under any provision (except section 8) of the relevant cross-vesting Act is to be made by motion in the proceedings pending in the Supreme Court.
44.4   Attorney-General
(cf SCR Part 74, rule 7)
If an application for the transfer of proceedings pending in the Supreme Court is made by the Attorney-General of the Commonwealth, or of a State or Territory under the relevant cross-vesting Act, the Attorney-General does not, by reason of the application, become a party to those proceedings.
44.5   Application relating to transfer
(cf SCR Part 74, rule 8)
If a party to any proceedings in the Supreme Court intends to contend that—
(a)  the Court should exercise jurisdiction pursuant to any provision of a cross-vesting Act or of any other law of the Commonwealth or a State relating to cross-vesting of jurisdiction, or
(b)  that the Court should transfer the proceedings to another Court pursuant to any such provision,
the party must, on or as soon as practicable after commencement of the proceedings, apply to the Court for a determination of the question whether or not the proceedings should be transferred to another Court.
44.6   Application of other laws or rules
(cf SCR Part 74, rule 9)
(1)  Where a party wishes to contend that the Supreme Court should, under section 11(1)(b) or (c) of the relevant cross-vesting Act, apply the written law of another State or Territory or the rules of evidence or procedure other than those applied in New South Wales, the party must, as soon as practicable—
(a)  file notice of the contention, specifying the law or rules and stating the grounds relied upon in support of the contention, and
(b)  forthwith after filing the notice, serve it on each other party.
(2)  The Supreme Court may, on the application of a party to the proceedings or of its own motion, give directions in relation to the application of a law or rule under section 11(1)(b) or (c) of the relevant cross-vesting Act.
Division 3 Transfers under other legislation
44.7   Proceedings after transfer etc to the Court
(cf SCR Part 74, rule 1)
(1)  Subject to any order of the Supreme Court, proceedings that are transferred, removed or remitted to the Supreme Court from any other court are to be assigned to the Division and list to which they would have been assigned had they been commenced in the Supreme Court.
(2)  If proceedings are transferred, removed or remitted by agreement, pursuant to an Act that allows proceedings to be transferred, removed or remitted by agreement, the parties must reduce the agreement to writing and the agreement is to be included in the record of the proceedings.
44.8   Directions and service of order
(cf SCR Part 74, rule 3)
If the Supreme Court makes an order under any Act (other than an order under Part 9 of the Civil Procedure Act 2005) for proceedings in another court to be transferred, removed or remitted to the Supreme Court, the registrar of the Supreme Court must serve a sealed copy of the order on the registrar or other officer having responsibility for the records or process of that other court.