Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 03:00)
Part 49
Part 49 Reference and removal of proceedings, and appeals and reviews, within the court
Division 1 Matters before Supreme Court constituted by associate Judge
49.1   Construction of certain references
In this Division—
(a)  a reference to the Supreme Court is a reference to the Supreme Court constituted by a Judge of the Supreme Court, and
(b)  a reference to an associate Judge of the Supreme Court is a reference to the Supreme Court constituted by that associate Judge.
Note.
 See section 36 of the Land and Environment Court Act 1979, which provides that proceedings that are before a Commissioner of the Land and Environment Court under that section, or under section 34 of that Act, may be referred or removed for hearing by a Judge of the Land and Environment Court in the same way as proceedings before an associate Judge of the Supreme Court may be referred or removed for hearing by a Judge of the Supreme Court.
49.2   Reference and removal of proceedings
(cf SCR Part 60, rules 6 and 7)
(1)  An associate Judge of the Supreme Court may refer any proceedings before the associate Judge to the Supreme Court.
(2)  Before the conclusion of any proceedings before an associate Judge of the Supreme Court, the Supreme Court may order that the proceedings be removed into the Supreme Court.
49.3   Disposal of proceedings referred or removed
(cf SCR Part 60, rule 8)
On the reference or removal to the Supreme Court of any proceedings before an associate Judge of the Supreme Court, the Supreme Court—
(a)  may hear and determine any matter in the proceedings in respect of which the proceedings were before the associate Judge, or
(b)  may determine any question arising in the proceedings and remit the proceedings to the associate Judge with such directions as it thinks fit.
49.4   Right of appeal
(cf SCR Part 60, rule 10)
An appeal lies to the Supreme Court from any decision of an associate Judge of the Supreme Court, except in any case where an appeal lies to the Court of Appeal.
Division 2 Matters before a judicial registrar of the District Court
49.5   Reference of matter to the District Court
(DCR Part 43A, rule 2)
The judicial registrar of the District Court may refer any proceedings before the judicial registrar to the District Court constituted by a Judge.
49.6   Court may order removal of proceedings from judicial registrar
(DCR Part 43A, rule 3)
The District Court constituted by a Judge may, before the conclusion of any proceedings before the judicial registrar (other than proceedings for an interlocutory order), order that the proceedings be removed into the Court as so constituted.
49.7   Court may dispose of matter referred by or removed from judicial registrar
(DCR Part 43A, rule 4)
If proceedings are referred to the District Court constituted by a Judge under rule 49.5 or removed into the Court under rule 49.6, the Court—
(a)  may hear and determine any matter in the proceedings that was before the judicial registrar, or
(b)  may determine any question arising in the proceedings and remit the proceedings to the judicial registrar with such directions as the Court thinks fit.
Division 3 Procedures for appeals to court from decisions of associate Judge
49.7A   Construction of certain references
In this Division—
(a)  a reference to the Supreme Court is a reference to the Supreme Court constituted by a Judge of the Supreme Court, and
(b)  a reference to an associate Judge of the Supreme Court is a reference to the Supreme Court constituted by that associate Judge.
49.8   Institution of appeal
(cf SCR Part 60, rule 11)
(1)  An appeal from a decision of an associate Judge of the Supreme Court under rule 49.4 is to be instituted by filing a notice of motion.
(2)  The appeal must be instituted within 28 days after the material date.
(3)  The associate Judge may extend the time allowed under subrule (2) within 28 days after the material date, or on a notice of motion filed within 28 days after the material date, and not otherwise.
(4)  The Supreme Court may extend the time allowed under subrule (2) at any time.
(5)  For the purposes of this rule, the material date is—
(a)  in the case of an appeal from a judgment, the date on which the judgment was given, or
(b)  in the case of an appeal from an order, the date of the order, or
(c)  in any other case, the date of the decision under appeal.
49.9   Contents of notice of motion for appeal
(cf SCR Part 60, rule 12)
A notice of motion filed under this Division must state the following—
(a)  whether the appeal is from the whole or part only, and what part, of the decision,
(b)  briefly, but specifically, the grounds relied on in support of the appeal,
(c)  what judgment, order or determination is sought in place of the decision.
49.10   Stay and reinstatement
(cf SCR Part 60, rule 14)
(1)  An appeal under this Division—
(a)  does not operate as a stay of execution or stay of proceedings under the decision of the associate Judge of the Supreme Court, and
(b)  does not invalidate any intermediate act or proceedings,
except so far as the Supreme Court (or, subject to any direction of the Supreme Court, the associate Judge) may direct.
(2)  If any step has been taken for the enforcement of a judgment or order and the Supreme Court or District Court varies or sets aside the judgment or order on appeal under this Division, the Supreme Court or District Court may make such orders for reinstatement as the Supreme Court or District Court thinks fit.
49.11   Cross-appeal
(cf SCR Part 60, rule 14A)
(1)  Any party to proceedings the subject of an appeal under this Division may institute a cross-appeal by filing a notice of motion in the proceedings.
(2)  The notice of motion must be filed within 28 days after service of the notice of motion instituting an appeal.
(3)  Subject to this rule, the provisions of this Division with respect to a notice of motion instituting an appeal apply to a notice of motion instituting a cross-appeal.
49.12   Evidence
(cf SCR Part 60, rule 15)
(1)  Oral evidence may not be adduced on an appeal under this Division except by leave of the court.
(2)  A party who proposes to adduce further evidence on an appeal—
(a)  if the evidence is to be by affidavit, must serve on each other party a copy of the affidavit, or
(b)  if the evidence is to be adduced orally, must serve on each other party a statement of the general nature of the evidence,
not more than 7 days after the date of institution of the appeal.
49.13   Notice of contention
(cf SCR Part 60, rule 15A)
A party to an appeal under this Division who wishes to contend that a decision should be affirmed on grounds other than those relied on by the associate Judge, but does not seek a discharge or variation of any part of the decision—
(a)  must file notice of that contention, stating briefly but specifically the grounds relied on in support of the contention, and
(b)  must serve the notice referred to in paragraph (a) on each other party to the appeal,
within 28 days after being served with the notice of motion instituting the appeal.
Division 4 Review of decisions of registrar (other than judicial registrar)
49.14   Application of Division
This Division does not apply to in respect of the judicial registrar of the District Court.
49.15   Mandatory order to registrar
(cf DCR Part 43, rule 11)
(1)  The court, of its own motion or on application by a party, may, by order, direct a registrar or any other officer of the court to do or refrain from doing, in any proceedings, any act relating to the duties of his or her office.
(2)  A party who applies for such an order must give such notice to the officer concerned as is reasonable in the circumstances.
49.16   Reference of proceedings
(cf DCR Part 43, rule 12)
A registrar, of his or her own motion or on application by a party, may refer any proceedings before the registrar to the court.
49.17   Removal of proceedings
(cf DCR Part 43, rule 13)
Before the conclusion of any proceedings before a registrar, the court may, on application by a party, order that the proceedings be removed into the court.
49.18   Disposal of proceedings referred or removed
(cf DCR Part 43, rule 14)
On the reference or removal to the court of any proceedings before a registrar, the court—
(a)  may hear and determine any matter in the proceedings in respect of which the proceedings were before the registrar, or
(b)  may determine any question arising in the proceedings and remit the proceedings to the registrar with such directions as the court thinks fit.
49.19   Review of registrar’s directions, certificates, orders, decisions and other acts
(1)  Subject to subrule (2), if in any proceedings a registrar gives a direction or certificate, makes an order or decision or does any other act, the court may, on application by any party, review the direction, certificate, order, decision or other act and make such order, by way of confirmation, variation, discharge or otherwise, as the court thinks fit.
(2)  An application may not be made in relation to the following—
(a)  Decision to waive, postpone or remit fees
a decision to make, or not to make, an order under clause 11(1) of the Civil Procedure Regulation 2017, except as provided by clauses 14 and 19 of the Guidelines for the Waiver, Remission and Postponement of Fees, published by the Attorney General,
(b)  Particular winding up order
an order to which Part 80A rule 21(1) of the Supreme Court Rules 1970 applies,
(c)  Winding up order made under Corporations Act
an order to which rule 16.1 of the Supreme Court (Corporations) Rules 1999 applies,
(d)  Mutual recognition
a direction, certificate, order, decision or other act of a registrar in relation to the functions of the Court under the Mutual Recognition Act 1992 of the Commonwealth or the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.
Division 5 Procedures for applications for review of decisions of registrar (other than judicial registrar)
49.20   Applications generally
(cf SCR Part 60, rule 11)
(1)  An application for review of a decision of a registrar is to be instituted by filing a notice of motion.
(2)  The notice of motion must be filed within 28 days after the material date.
(3)  The registrar may extend time under subrule (2) within 28 days after the material date, or on a notice of motion filed within 28 days after the material date, and not otherwise.
(4)  The court may extend time under subrule (2) at any time.
(5)  For the purposes of this rule, the material date is the date of the direction, certificate, order, decision or other act to be reviewed.
(6)    (Repealed)
49.21–49.24   (Repealed)