Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 06:27)
Schedule 10
Schedule 10 Provisions regarding procedure under particular legislation
(Rule 1.26)
Part 1 New South Wales legislation
1   Winding up
The rules relating to the winding up of bodies other than companies (including, if applicable, the Supreme Court (Corporations) Rules 1999) apply, so far as applicable, to, and in relation to, the winding up by the Supreme Court of an incorporated association.
2   Appeal from liquidator etc: section 58
(1)  A liquidator or provisional liquidator referred to in section 58 of the Act may, on application in writing, grant, by notice in writing, an extension of the time limited for instituting an appeal from his or her act, omission or decision except where the Supreme Court has limited the time for instituting an appeal.
(2)  If the liquidator or provisional liquidator extends the time for instituting an appeal, he or she must deliver the notice referred to in subclause (1) to the applicant, who must file the notice with the originating process instituting the appeal.
(3)  An application referred to in subclause (1) must be made to the person before the expiration of the time allowed for instituting an appeal.
Application of other rules of court
(1)  The provisions of Part 80A of the Supreme Court Rules 1970, so far as applicable and making such changes as it is necessary to make, apply to proceedings under the Act commenced before the Supreme Court (Corporations) Rules 1999 commenced.
(2)  The provisions of the Supreme Court (Corporations) Rules 1999, so far as applicable and making such changes as it is necessary to make, apply to all other proceedings under the Act.
1   Statement in summons
(1)  The applicant for an order under the Act must file with his or her summons a statement in summary form of the general nature of the facts and circumstances relied on.
(2)  This clause does not apply to an application under section 77 or 82 of the Act.
2   Notice of discharge of order: section 26
Notice of discharge of a pecuniary penalty order, as referred to in section 26(2) of the Act, must be given by the appropriate officer on whose application the order was registered by filing, in the court in which the order was registered, a notice—
(a)  that states that the order has been discharged, and
(b)  that annexes a sealed copy of the order by which the relevant conviction was quashed (as referred to in section 26(1)(a) of the Act) or the pecuniary penalty order was discharged (as referred to in section 26(1)(b) of the Act).
3   Form of acceptance etc of allegation: section 31
An allegation may be accepted or a matter may be indicated for the purposes of section 31(5)(b) of the Act in writing signed by the relevant party’s legal representative or, if the person is unrepresented, by the relevant party.
4   Form of notice: section 44(2)
The form of notice prescribed for the purposes of section 44(2) of the Act is a form in writing signed by the appropriate officer or the appropriate officer’s legal representative.
5   Examination order: prescribed officer: section 45
For the purposes of section 45(1)(c) of the Act, a registrar is a prescribed officer of the Supreme Court.
6   Information for production order or search warrant: sections 58(1) and 66(1)
An information setting out the grounds referred to in section 58(1) or 66(1) of the Act may be laid before the Supreme Court by filing an affidavit setting out those grounds.
7   Registration of interstate orders: section 77
(1)  A summons seeking registration of an interstate order must join as defendant the person against whom the order was made.
(2)  Unless the Supreme Court otherwise orders, the plaintiff may proceed without service on the defendant of the summons.
(3)  If the plaintiff includes in the summons a request that the application be granted under this subclause, the Supreme Court may deal with the application in the absence of the public and without any attendance by or on behalf of the plaintiff.
(4)  If an order is made for registration of an interstate order, the plaintiff must forthwith serve on the defendant both the interstate order and a sealed copy of the order for registration of the interstate order.
(5)  A copy referred to in section 77(2) of the Act is registered when the order for its registration is entered.
(6)  The registration of an order referred to in section 82(1) of the Act is cancelled when the order cancelling its registration is entered.
1   Application: section 7(1)
(1)  This clause applies if an application for a debt certificate under section 7(1) or (1A) of the Act is made, otherwise than at the hearing of proceedings, in relation to a judgment for the recovery of money owed (the subject debt).
(2)  The application must be made by notice of motion in the proceedings in which the judgment was given or entered or in which an adjudication certificate was filed.
(3)  The evidence in support of the application must include evidence showing—
(a)  how much of the subject debt is for work done or for materials supplied, and
(b)  whether the subject debt consists of daily, weekly or monthly wages, and
(c)  if the subject debt consists of daily, weekly or monthly wages, whether the subject debt exceeds 120 days’ wages, and
(d)  if the subject debt consists of daily, weekly or monthly wages and exceeds 120 days’ wages, that the amount to be certified in the certificate does not exceed 120 days’ wages, and
(e)  whether work resulting in the subject debt was done on something moveable, and
(f)  if the work resulting in the subject debt was done on something moveable, whether it would be practicable for the applicant to exercise a lien by retaining possession of the thing.
(4)  Unless the court otherwise orders, the applicant may proceed without service of the notice of motion on any person.
(5)  The notice of motion may be dealt with by the court in the absence of the public and without any attendance by or on behalf of any person.
2   Application: section 14(1)
On an application under section 14(1) of the Act, the applicant may, unless the court otherwise orders, proceed without service of the relevant notice of motion on any person.
1   Prescribed officer: section 66G(5)(b)
For the purposes of section 66G(5)(b) of the Act, the Registrar in Equity is a prescribed officer of the Supreme Court.
2   Prescribed officer: section 98(1F)
For the purposes of section 98(1F) of the Act, the Registrar in Equity is a prescribed officer of the Supreme Court.
The provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to applications under the Act.
Application of other rules of court
(1)  The provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to—
(a)  proceedings under the Act commenced in the Supreme Court after those rules commence, and
(b)  applications made under the Act in those proceedings.
(2)  The provisions of Part 80A of the Supreme Court Rules 1970 relating to applications under the Corporations Law, so far as applicable and making such changes as it is necessary to make, apply to—
(a)  proceedings under the Act commenced in the Supreme Court after 31 March 1994 and before the Supreme Court (Corporations) Rules 1999 commence, and
(b)  applications made under the Act after 31 March 1994 in proceedings in the Supreme Court commenced before the Supreme Court (Corporations) Rules 1999 commence.
(3)  The provisions of Part 80 of the Supreme Court Rules 1970 relating to applications under the Companies Code and under the Corporations Law, so far as applicable and making such changes as it is necessary to make, apply to all other proceedings commenced and applications made under the Act.
Co-operatives (Adoption of National Law) Act 2012 and Co-operatives National Law (NSW)
Application of other rules of court
The provisions of the Supreme Court (Corporations) Rules 1999 relating to applications under the Corporations Act 2001 of the Commonwealth, so far as applicable and making such changes as it is necessary to make, apply to—
(a)  proceedings under the Co-operatives (Adoption of National Law) Act 2012 or the Co-operatives National Law (NSW) commenced in the Supreme Court, and
(b)  applications made under the Co-operatives (Adoption of National Law) Act 2012 or the Co-operatives National Law (NSW) in those proceedings.
1   Statement in application for order
The applicant for an order under the Act must file with the summons a statement in summary form of the general nature of the facts and circumstances relied on.
2   Prescribed officer: sections 12 and 31D
For the purposes of sections 12(1)(b) and (b1) and 31D(1)(a) and (b) of the Act, a registrar is a prescribed officer of the Supreme Court.
3   Information for production order
An information setting out the grounds referred to in section 33(1), 44 or 48(1) of the Act may be laid before the Supreme Court by filing an affidavit setting out those grounds.
Service of certificate
The Minister must, as soon as practicable, file and serve on all active parties any certificate made pursuant to section 95(3) of the Act.
1   Definitions
In these clauses, ineffective judgment and relevant order have the same meanings as they have in the Act.
2   Application for order under section 7
A person seeking the aid of the Supreme Court in respect of a right or liability to which section 7 of the Act applies, otherwise than in respect of an appeal—
(a)  must commence proceedings in the Division of the Supreme Court to which the proceedings in which the ineffective judgment was given would have been assigned if they had been commenced in the Court, and
(b)  must join as defendants all persons whose interests may be affected by the application.
3   Application for order under section 10
An applicant for an order under section 10 of the Act—
(a)  must commence proceedings for the order in the Division of the Supreme Court to which the proceedings in which the ineffective judgment was given would have been assigned if they had been commenced in the Supreme Court, and
(b)  must join as defendants all other parties to the proceedings in which the ineffective judgment was given.
4   Application for order under section 11(2)
(1)  In this clause—
relevant proceedings means the proceedings in which a relevant order has been made.
section 11 order means an order under section 11(2) of the Act.
(2)  An applicant for a section 11 order—
(a)  must commence proceedings for the order—
(i)  in the Division of the Supreme Court to which the proceedings in which the relevant order was made would have been assigned if they had been commenced in the Supreme Court, or
(ii)  in the Court of Appeal if the proceedings in which the relevant order was made would have been assigned to the Court of Appeal had the proceedings been commenced in the Supreme Court, and
(b)  must join as defendants all other parties to the relevant proceedings.
(3)  If a section 11 order is made subject to any order of the Supreme Court—
(a)  the registrar or clerk of the court in which the relevant proceedings were brought must send the record of the proceedings to the Supreme Court, and
(b)  the Supreme Court must proceed as if—
(i)  the relevant proceedings had been originally commenced in the Supreme Court, and
(ii)  the same steps had been taken in the Supreme Court as have been taken in any other court in which the relevant proceedings have at any time been pending, and
(iii)  any order made by any other court in which the relevant proceedings have at any time been pending had been made by the Supreme Court.
(4)  Within 28 days of the order being made, the plaintiff must move the Supreme Court for directions.
Service of certificate
The Minister must file and serve on all active parties any certificate made pursuant to section 17(3) of the Act.
1   Statement of claim
(cf DCR Part 24C, rule 2)
(1)  The statement of claim must specify the date on which the accident to which the proceedings relate occurred.
(2)  A document must be filed with the statement of claim, being a document that includes—
(a)  a statement that the accident was reported in compliance with section 42 of the Act, or an indication of what explanation will be offered to the court for non-compliance, and
(b)  a statement to the effect that a claim was made in respect of the accident in compliance with section 43 of the Act, or an indication of what explanation will be, or has been, provided under section 43A of the Act, and
(c)  if the proceedings are commenced before the time prescribed by section 52(1A) of the Act, a statement of the grounds on which the plaintiff relies as referred to in section 52(2) of the Act, and
(d)  if the proceedings are commenced after the time prescribed by section 52(4) of the Act, a statement that the court has granted leave as referred to in that subsection.
2   Service of statement of claim
(cf DCR Part 24C, rule 3)
(1)  The statement of claim must be served on both the defendant and the defendant’s insurer.
(2)  Service of the statement of claim may be effected as though it were a notice or other document referred to in section 133 of the Act.
(3)  The requirement in subclause (1) for service on the defendant’s insurer is satisfied by service—
(a)  if the defendant is the Nominal Defendant under the Act, on the Nominal Defendant, or
(b)  if the defendant is an insured person for the purposes of the Act, on the defendant’s third party insurer, or
(c)  if the defendant is insured, in respect of the liability alleged in the proceedings, under a policy issued elsewhere than in New South Wales, on the insurer who issued the policy.
3   Non-compliance with Act
(cf DCR Part 24C, rule 8)
A notice of motion by the defendant to dismiss the proceedings on the ground that—
(a)  the accident the subject of the proceedings was not reported in compliance with section 42 of the Act, or
(b)  the proceedings were commenced outside the time limited by section 52 of the Act,
must be filed no later than 2 months after service of the statement of claim on the defendant’s insurer.
4   Examination: section 66A
(cf SCR Schedule J)
(1)  Unless the court otherwise orders, the following applications to the court must be made by notice of motion—
(a)  an application under section 66A(1) of the Motor Accidents Act 1988,
(b)  an application for leave under section 66A(3) or (4) of that Act.
(2)  Unless the court otherwise orders, the notice of motion must be filed no later than 6 weeks before the date fixed for the trial of the proceedings.
(3)  Unless the court otherwise orders, the notice of motion must be served on all parties to the proceedings (other than the applicant) and on such other persons as the court directs.
(4)  If the court is satisfied that an insurer has not made out its allegation that a claim has not been made in good faith, the court may if it thinks fit order the insurer to pay the costs of the whole or any specified part of the proceedings incurred by any owner or driver or any witness whom the insurer has sought leave to examine or cross-examine.
1   Statement of claim
(cf DCR Part 24C, rule 11)
(1)  The statement of claim must specify the date on which the accident to which the proceedings relate occurred.
(2)  A document must be filed with the statement of claim, being a document that includes—
(a)  a statement that the accident was reported in compliance with section 70 of the Act, or an indication of what explanation will be offered to the court for non-compliance, and
(b)  a statement to the effect that a claim was made in respect of the accident in compliance with section 72 of the Act, or an indication of what explanation will be, or has been, provided under section 73 of the Act, and
(c)  a statement that a certificate in respect of the claim has been issued under section 92 or 94 of the Act and as to the provision under which that certificate was issued, and
(d)  if the proceedings are commenced after the time prescribed by section 109 of the Act, a statement that the court has granted leave as referred to in that section.
2   Service of statement of claim
(cf DCR Part 24C, rule 12)
(1)  The statement of claim must be served on the defendant and, if the defendant’s insurer is a third-party insurer within the meaning of the Act, on the defendant’s insurer.
(2)  Service of the statement of claim may be effected as though it were a notice or other document referred to in section 222 of the Act.
(3)  The requirement in subclause (1) for service on the defendant’s insurer is satisfied by service—
(a)  if the defendant is the Nominal Defendant under the Act, on the Nominal Defendant, or
(b)  if the defendant is insured, in respect of the liability alleged in the proceedings, under a policy issued elsewhere than in New South Wales, on the insurer who issued the policy.
3   Non-compliance with Act
(cf DCR Part 24C, rule 8)
A notice of motion by the defendant to dismiss the proceedings on the ground that—
(a)  the accident the subject of the proceedings was not reported in compliance with section 70 of the Act, or
(b)  the proceedings were commenced outside the time limited by section 109 of the Act,
must be filed no later than 2 months after service of the statement of claim on the defendant’s insurer.
4   Examination: section 119
(cf SCR Schedule J)
(1)  The following applications to the court must be made by notice of motion—
(a)  an application under section 119(1) of the Act,
(b)  an application for leave under section 119(3) or (4) of the Act.
(2)  Unless the court otherwise orders, the notice of motion must be filed no later than 6 weeks before the date fixed for the trial of the proceedings.
(3)  Unless the court otherwise orders, the notice of motion must be served on all parties to the proceedings (other than the applicant) and on such other persons as the court directs.
(4)  If the court is satisfied that an insurer has not made out its allegation that a claim has not been made in good faith, the court may if it thinks fit order the insurer to pay the costs of the whole or any specified part of the proceedings incurred by any owner or driver or any witness whom the insurer has sought leave to examine or cross-examine.
Review of decision
(1)  For the purposes of section 19 of the Act, the appropriate officer is the Prothonotary.
(2)  For the purposes of section 19 of the Act, the appropriate Registry is the Registry of the Common Law Division of the Supreme Court.
Commencement of proceedings under section 354
Proceedings for an order under section 354(1) of the Act must join as defendants both the Minister and each person who is directly affected by the relief sought in the proceedings.
Commencement of proceedings
(1)  An application for an order under section 15 of the Act in respect of a scheme must join as a defendant the occupational association on whose application the scheme was approved by the Professional Standards Council.
(2)  Within one day of commencing proceedings, the plaintiff must lodge a copy of the summons at the office of the Professional Standards Council.
1   Definitions
In these clauses—
Director-General means the Director-General, Department of Health.
medical practitioner means the medical practitioner on whom it is sought, by the order applied for in a section 18 application, to serve a notice under section 19 of the Act.
person concerned means the person whose name and address would be required to be supplied if the District Court made the order sought in the section 18 application.
section 18 application means an application under section 18 of the Act.
2   Section 18 applications
(1)  The summons must join the medical practitioner as a defendant.
(2)  A document must be filed with the summons, being a document that includes—
(a)  particulars of the grounds on which the Director-General applies for the order sought, or a reference to the affidavit in which those particulars are contained, and
(b)  a notice to the medical practitioner explaining the requirement imposed on him or her by clause 3, and
(c)  a notice to the person concerned explaining the person’s right to be heard in reply to the summons, in a closed court, without the person’s name or address being publicly disclosed.
3   Medical practitioner to advise registrar
(1)  A medical practitioner on whom the summons is served must as soon as practicable (and in any case not later than 7 days after service) advise the registrar, by letter, facsimile, email or telephone, of the name and address of the person concerned, so far as that name and address are known to the medical practitioner.
(2)  After a medical practitioner has complied with the requirements of subclause (1), the medical practitioner need take no further part in the proceedings on the section 18 application other than to comply with any notice authorised by the District Court to be served on him or her.
(3)  If a medical practitioner fails to comply with the requirements of subclause (1) and the Director-General files an affidavit of service of the summons on the medical practitioner, the District Court may proceed to hear and determine the section 18 application even though clause 4 has not been complied with if it thinks fit to do so.
4   Registrar to advise person concerned
(1)  The registrar must as soon as practicable after receiving advice under clause 3(1) send a sealed copy of the summons, together with a copy of the document referred to in clause 2(2), by post addressed to the name and address advised to the registrar under that subclause.
(2)  The registrar must, when sending a copy under subclause (1), enclose the copy in an envelope endorsed with the return address of the registrar and marked “Confidential”.
Application for declaration: section 3(1)
The Supreme Court or the District Court may make a declaration under section 3(1) of the Act even if the summons has not been served on the owner or occupier of the premises.
Consent of administrator
In proceedings for an order under section 84 of the Act, the plaintiff—
(a)  must file the consent referred to in section 85 of the Act with the summons, and
(b)  must serve the consent with the summons.
1   Parentage testing procedure: service of notice of motion on non-party
Unless the Supreme Court otherwise orders, a notice of motion seeking an order under section 26 of the Act that requires a parentage testing procedure to be carried out on a person who is not a party to the proceedings must be served personally on that person.
2   Service of notice of motion on person under legal incapacity
If—
(a)  a notice of motion for an order requiring a parentage testing procedure to be carried out on a person is to be served personally on a person under legal incapacity, and
(b)  the person served under rule 10.12 does not appear to have the care and control of the person under legal incapacity,
then, unless the Supreme Court otherwise orders, the notice of motion must also be served personally both on the person who appears to have that care and control and on such other person as the Court may direct.
3   Service of order on person under legal incapacity
If—
(a)  an order under section 26(1) of the Act is to be served on a person under legal incapacity, and
(b)  the person served is not the person having the care and control of the person under legal incapacity,
then, unless the Supreme Court otherwise orders, the order must also be served personally both on the person having that care and control and on such other person as the Court may direct.
4   Service of report
On receipt of a report prepared in accordance with the regulations under the Act in relation to the results of a parentage testing procedure, the registrar must send a copy of the report—
(a)  to the parties to the proceedings, and
(b)  to any person (not being a party to the proceedings) from whom the taking of bodily samples was directed.
1   Commencement of proceedings
In any proceedings under section 32(1), 50(1) or 51(1) of the Act, the persons referred to in section 32(2), 50(2) or 51(2) of the Act, respectively, must be joined as defendants.
2   Service of notice
Notice under section 32(2), 50(2) or 51(2) of the Act is served by serving the summons.
1   Commencement of proceedings
In any proceedings under section 37(4), 61(1), 79(1) or 80(1) of the Act, the persons referred to in section 37(5), 61(2), 79(2) or 80(3) of the Act, respectively, must be joined as defendants.
2   Service of notice
Notice under section 37(5) or (8), 61(2), 79(2) or 80(3) of the Act is served by serving the summons.
Evidence of jurisdiction
(1)  The plaintiff in proceedings seeking a review under section 97 of the Act must file an affidavit specifying—
(a)  that the application is made under section 97(1)(a) of the Act, or
(b)  that—
(i)  the application is made under section 97(1)(b) of the Act, and
(ii)  the application is not in breach of the time prescribed by section 97(1)(b) of the Act, and
(iii)  section 100(1) of the Act has been complied with.
(2)  The affidavit must also must show that the application is not in breach of section 97(2) of the Act.
1   Statement in application
The plaintiff in proceedings for an order under the Act must file with the summons a statement in summary form of the general nature of the facts and circumstances relied on.
2   Prescribed officer: section 58H(2)(a)
For the purposes of section 58H(2)(a) of the Act, a registrar of the Supreme Court is a prescribed officer.
Section 19(2) and 34(2) applications
The plaintiff in proceedings for an order under section 19(2) or 34(2) of the Act must join as a defendant the person against whom the order is sought.
Part 2 Commonwealth legislation
Statement in application
The plaintiff in proceedings for an order under the Act must file with the summons a statement in summary form of the facts and circumstances relied on.
Registration: section 45
(1)  The plaintiff in proceedings for registration of an order to which section 45(1) of the Act applies must join as a defendant the person against whom the order was made.
(2)  Unless the Supreme Court otherwise orders, the plaintiff may proceed without service of the summons on the defendant.
(3)  If the plaintiff adds to the application a request that the application be granted under this subclause, the Supreme Court may make the order in the absence of the public and without any attendance by or on behalf of the plaintiff.
(4)  The plaintiff must file with the summons an affidavit setting out such particulars as are necessary to enable the Supreme Court to comply with section 45(1) of the Act.
(5)  If an order is made under section 45(1) of the Act for registration of an order, the plaintiff must serve on the defendant both the registered order and the order for registration.
Commencement of proceedings under section 354
The plaintiff in proceedings for an order under section 354(1) of the Act must join as defendants both the Designated Authority and each person who is directly affected by the relief sought in the proceedings.
1   Statement in application
The plaintiff in proceedings for an order under the Act must file with the summons a statement in summary form of the facts and circumstances relied on.
2   Information for production order or search warrant: sections 66(1) and 71(1)
An information setting out the grounds referred to in section 66(1) or 71(1) of the Act may be laid before the Supreme Court by filing an affidavit setting out those grounds.
1   Application by Regulator: section 119(3)
(1)  A certificate under section 119(2) of the Act must be filed with the summons commencing proceedings for an inquiry or order under section 119(3) of the Act.
(2)  The summons commencing proceedings for an inquiry or order under section 119(3) of the Act must join as a defendant the person who is the subject of the certificate.
2   Notice of certain applications to be given to Regulator
Unless the Supreme Court otherwise orders, a person seeking an order under section 158(1) or (4) or 160(5) of the Act must, as soon as practicable after filing the summons or notice of motion, serve a copy of it and its supporting affidavit on the Regulator.
3   Intervention by Regulator
(1)  The Regulator may intervene under section 168 of the Act by filing a notice of appearance that includes a statement that the Regulator intervenes under that section.
(2)  On complying with subclause (1), the Regulator must be added as a defendant.