(1) Subject to this section, Parts 3–9 apply to each court referred to in Schedule 1 in relation to civil proceedings of a kind referred to in that Schedule in respect of that court. (1A) Part 10 applies in relation to civil proceedings in the Supreme Court.
(1) The Uniform Rules Committee may make rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act. (2) Without limiting subsection (1), rules under this section may make provision, in relation to all civil proceedings in respect of which a court has jurisdiction (however arising), for or with respect to the matters specified in Schedule 3.
(1) The Governor may make regulations for or with respect to the following matters:
(a) the fees payable to a court in relation to the conduct of civil proceedings in the court, including fees for the following:
(i) the filing or registration of any document in the court, (ii) the allocation of hearing dates, (iii) the conduct of hearings, (iv) the retention of juries, (v) the sealing or other authentication of any document that has been filed in the court, (vi) the issue of any document out of the court, (b) the fees payable in relation to proceedings referred to mediation under Part 4, (c) the fees payable in relation to proceedings referred to arbitration under Part 5, (d) the fees payable in relation to the examination of a judgment debtor by a registrar or other officer of the court under Part 8, (e) the fees payable in relation to the functions exercised by the Sheriff, whether under this Act or otherwise, (f) the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise, (g) the waiver, postponement and remittal of fees.
(cf Act No 9 1973, section 50; Act No 11 1970, section 14)
(cf Act No 52 1970, section 110K; Act No 9 1973, section 164A; Act No 11 1970, section 21L)
(cf Act No 43 1983, section 18A) (1) The referring court must order a rehearing of proceedings the subject of an award if an application for rehearing is made before the award takes effect. (2) An order for rehearing may not be made unless the amount claimed in the proceedings, or the value of the property to which the proceedings relate, exceeds the jurisdictional limit of the Local Court when sitting in its Small Claims Division.
(cf SCR Part 1, rule 3) (1) The overriding purpose of this Act and of rules of court, in their application to civil proceedings, is to facilitate the just, quick and cheap resolution of the real issues in the proceedings. (2) The court must seek to give effect to the overriding purpose when it exercises any power given to it by this Act or by rules of court and when it interprets any provision of this Act or of any such rule.
(cf Act No 52 1970, section 87; Act No 9 1973, section 77 (4); SCR Part 34, rules 6 and 6AA) (1) The court may, by order, give directions as to the conduct of any hearing, including directions as to the order in which evidence is to be given and addresses made.
(cf SCR Part 20, rules 1 and 4; DCR Part 17, rules 1 and 4) (1) At any stage of proceedings, the court may order:
(a) that any document in the proceedings be amended, or (b) that leave be granted to a party to amend any document in the proceedings.
(cf Act No 25 1929, sections 2 and 3)
(cf Act No 25 1929, section 4) (1) This section applies to proceedings commenced by or on behalf of, or against, any of the following persons:
(a) a person under legal incapacity, (b) a person who, during the course of the proceedings, becomes a person under legal incapacity, (c) a person whom the court finds, during the course of the proceedings, to be incapable of managing his or her own affairs. (2) The court may make a finding referred to in subsection (1) (c) only on the basis of evidence given in the proceedings in which it is made, and such a finding has effect for the purpose only of those proceedings.
(cf Act No 25 1929, section 4)
(cf Act No 25 1929, section 5 (1), (2) and (3))
(cf Act No 52 1970, section 76E; Act No 9 1973, section 58) (1) In any proceedings for the recovery of damages, the court may order a defendant in the proceedings to make one or more payments to the plaintiff of part of the damages sought to be recovered in the proceedings. (2) The court may make such an order against a defendant on the application of the plaintiff at any stage of the proceedings.
(cf Act No 25 1995, sections 128 and 133) (1) In this section: civil penalty has the same meaning as it has in the. Evidence Act 1995 conduct includes both act and omission.culpable conduct means conduct that, under:
(a) the laws of New South Wales, or (b) the laws of any other State or Territory, or (c) the laws of the Commonwealth, or (d) the laws of a foreign country, constitutes an offence or renders a person liable to a civil penalty. order for production means an interlocutory order requiring a person (other than a body corporate) to provide evidence to the court or to a party to a proceeding before the court.provide evidence means:
(a) to provide an answer to a question or to produce a document or thing, or (b) to swear an affidavit, or (c) to file and serve an affidavit or a witness statement, or (d) to permit possession to be taken of a document or thing. (2) This section applies in circumstances in which:
(a) an application is made for, or the court makes, an order for production against a person, and (b) the person objects to the making of such an order, or applies for the revocation of such an order, on the ground that the evidence required by the order may tend to prove that the person has engaged in culpable conduct. (2A) This section does not apply in circumstances in which section 128A of the applies. Evidence Act 1995
(cf DCR Part 31, rule 23; Act No 11 1970, section 64) (1) This section applies if, in relation to any two or more judgments of the same court, the judgment creditor and judgment debtor under one or more of the judgments are the judgment debtor and judgment creditor, respectively, under the other judgments.
(cf SCR Part 42, rule 7)
(cf Act No 52 1970, section 76C; SCR Part 52A, rules 43 and 43A) (1) This section applies if it appears to the court that costs have been incurred:
(a) by the serious neglect, serious incompetence or serious misconduct of a legal practitioner, or (b) improperly, or without reasonable cause, in circumstances for which a legal practitioner is responsible. (2) After giving the legal practitioner a reasonable opportunity to be heard, the court may do any one or more of the following:
(a) it may, by order, disallow the whole or any part of the costs in the proceedings:
(i) in the case of a barrister, as between the barrister and the instructing solicitor, or as between the barrister and the client, as the case requires, or (ii) in the case of a solicitor, as between the solicitor and the client, (b) it may, by order, direct the legal practitioner:
(i) in the case of a barrister, to pay to the instructing solicitor or client, or both, the whole or any part of any costs that the instructing solicitor or client, or both, have been ordered to pay to any other person, whether or not the solicitor or client has paid those costs, or (ii) in the case of a solicitor, to pay to the client the whole or any part of any costs that the client has been ordered to pay to any other person, whether or not the client has paid those costs, (c) it may, by order, direct the legal practitioner to indemnify any party (other than the client) against costs payable by that party.
(cf Act No 52 1970, section 95; Act No 9 1973, section 85; Act No 11 1970, section 39) (1) Unless the court orders otherwise, interest is payable on so much of the amount of a judgment (exclusive of any order for costs) as is from time to time unpaid. (2) Interest under subsection (1) is to be calculated, at the prescribed rate or at such other rate as the court may order, as from:
(a) the date on which the judgment takes effect, or (b) such later date as the court may order.
(cf Act No 9 1973, section 109; Act No 8 1901, sections 4 and 5) (1) A judgment debt may be enforced by means of any one or more of the following:
(a) a writ for the levy of property, (b) a garnishee order, (c) in the case of a judgment of the Supreme Court or the District Court, a charging order. (2) Subject to the uniform rules, a writ for the levy of property is sufficient authority for the Sheriff:
(a) to seize and to sell goods of or to which the judgment debtor is or may be possessed or entitled or which the judgment debtor may, at law or in equity, assign or dispose of, and (b) to seize money belonging to the judgment debtor, and (c) to seize and to realise cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money belonging to the judgment debtor, and (d) to enter into possession of, and to sell, land of or to which the judgment debtor is seized or entitled, or which the judgment debtor may, at law or in equity, assign or dispose of, and (e) to take and to sell choses in action or equitable interests in goods or land held by the judgment debtor.
(cf Act No 9 1973, section 91; Act No 11 1970, section 41; SCR Part 43, rule 1) (1) The court may, subject to and in accordance with the uniform rules, make an order requiring a person bound by a judgment or order:
(a) to attend the court to be orally examined as to any material question, or (b) to produce any document or thing that is in his or her possession and that relates to a material question.
(cf Act No 52 1970, section 98A; Act No 9 1973, section 112; Act No 11 1970, section 62A) (1) This section applies to land the subject of a writ for the levy of property:
(a) that is registered, in the Register kept under the , pursuant to section 105 of that Act, or Real Property Act 1900 (b) that is registered, in the General Register of Deeds kept under the , pursuant to section 186 of that Act. Conveyancing Act 1919 (2) During the period:
(a) that begins when the writ is registered in the relevant register, and (b) that ends at the expiration of 6 months after the writ is registered in the relevant register, or on the expiration of the writ, whichever first occurs, land the subject of the writ may not be sold or mortgaged by the judgment debtor otherwise than in accordance with this section. (3) Before the land may be sold or mortgaged by the judgment debtor:
(a) the judgment creditor:
(i) must consent, by notice in writing, to the sale or mortgage of the land by the judgment debtor, and (ii) must stipulate, in the notice of consent, the minimum amount to be paid to the Sheriff from the proceeds of the sale of the land or from the money advanced under the mortgage of the land, and (b) the judgment debtor must lodge the notice of consent with the Sheriff, and (c) the Sheriff, after due inquiry, must endorse the notice of consent with a certificate to the effect that the land has not been sold under the writ.
(cf Act No 9 1973, section 101; Act No 11 1970, section 51)
(Act No 9 1973, section 99; Act No 11 1970, section 49)
(1) This section applies if a judgment debtor satisfies a court that rent attached by a garnishee order is the only source of income of the judgment debtor.
(cf Act No 9 1973, section 105; DCR Part 33, rule 7; Act No 11 1970, section 47D; LCR Part 29, rule 3) (1) A payment under a garnishee order must be made in accordance with, and to the judgment creditor specified in, the order.
(cf Act No 9 1973, section 102; Act No 11 1970, section 52)
(cf Act No 8 1901, section 27) (1) This section applies to the following kinds of property in relation to a judgment debtor (referred to in this Division as security interests ):
(a) stock and shares in a public company, (b) money on deposit in a financial institution, being:
(i) money held in the judgment debtor’s name in the judgment debtor’s own right, or (ii) money held in the name of some other person in trust for the judgment debtor, (c) any equitable interest in property.
(cf Act No 9 1973, section 145; Act No 11 1970, section 21B) (1) The Supreme Court may, of its own motion or on application by a party to proceedings before the District Court or the Local Court, order that the proceedings, including any cross-claim in the proceedings, be transferred to the Supreme Court.
(cf Act No 9 1973, section 145; Act No 11 1970, section 21B)
(cf Act No 9 1973, section 147) (1) This section applies to proceedings under Subdivision 2 of Division 8 of Part 3 of the . District Court Act 1973 (2) If, during proceedings to which this section applies, the District Court decides that it lacks, or may lack, jurisdiction to hear and dispose of the proceedings, the District Court must order that the proceedings be transferred to the Supreme Court.
(cf Act No 9 1973, section 143; Act No 11 1970, section 21F) (1) If the Supreme Court is satisfied, in relation to proceedings before it:
(a) that the proceedings could properly have been commenced in the District Court or the Local Court, and (b) that any cross-claim in the proceedings could properly have been brought as a cross-claim in the District Court or the Local Court, the Supreme Court may order that the proceedings, including any such cross-claim, be transferred to the District Court or to the Local Court, as the case requires.
(cf s33D FCA)
(cf s33J FCA)
(cf s33K FCA)
(cf s33N FCA)
(cf s33W FCA)
(cf s33X FCA) (1) Notice must be given to group members of the following matters in relation to representative proceedings:
(a) the commencement of the proceedings and the right of the group members to opt out of the proceedings before a specified date, being the date fixed under section 162 (1), (b) an application by the defendant in the proceedings for the dismissal of the proceedings on the ground of want of prosecution, (c) an application by a representative party seeking leave to withdraw under section 174 as representative party.
(cf s33Y FCA) (1) The form and content of a notice under section 175 must be approved by the Court. (2) The Court must, by order, specify:
(a) who is to give the notice, and (b) the way in which the notice is to be given.
(cf s33Z FCA)
(cf s33ZA FCA) (1) Without limiting the operation of section 177 (2), in making provision for the distribution of money to group members, the Court may provide for:
(a) the constitution and administration of a fund consisting of the money to be distributed, and (b) either:
(i) the payment by the defendant of a fixed sum of money into the fund, or (ii) the payment by the defendant into the fund of such instalments, on such terms, as the Court directs to meet the claims of group members, and (c) entitlements to interest earned on the money in the fund.
(cf s 33ZC FCA) (1) The following appeals from a judgment of the Supreme Court in representative proceedings may (subject to the rules of court) themselves be brought in the Court of Appeal under section 101 of the as representative proceedings: Supreme Court Act 1970
(a) an appeal by the representative party on behalf of group members and in respect of the judgment to the extent that it relates to questions common to the claims of group members, (b) an appeal by a sub-group representative party on behalf of sub-group members in respect of judgment to the extent that it relates to questions common to the claims of sub-group members.
(cf s33ZE FCA)
(cf s33ZJ FCA)
(Section 6 (3))