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Procedure generally
Case management
[2-0000]
Court’s power and duty of case management
[2-0010]
Overview
[2-0020]
General principles
[2-0030]
Dismissal of proceedings or striking out of defence
Legislation
Rules
Practice Notes
Adjournment
[2-0200]
Court’s power of adjournment
[2-0210]
General principles
[2-0220]
Short adjournments
[2-0230]
Unavailability of party or witness
[2-0240]
Legal aid appeals
[2-0250]
Consent adjournments
[2-0260]
Apprehended change in legislation
[2-0265]
Pending appeal in other litigation
[2-0267]
Adjournment of motions on a procedural question
[2-0270]
Failure to comply with directions
[2-0280]
Concurrent civil and criminal proceedings
[2-0290]
Felonious tort rule
[2-0300]
Judge’s control of trial
[2-0310]
Costs
[2-0320]
Adjournment only to “specified day”
[2-0330]
Procedure
[2-0340]
Sample orders
Legislation
Practice Notes
Alternative dispute resolution
[2-0500]
Introduction
[2-0510]
Mediation
[2-0520]
Exercise of discretion
[2-0530]
Appointment of mediator
[2-0535]
Community Justice Centres Act 1983
[2-0540]
Parties’ obligation of good faith
[2-0550]
Enforceability of mediated agreements
[2-0560]
Costs
[2-0570]
General
[2-0580]
Sample orders
[2-0585]
Arbitration
[2-0588]
Jurisdiction and rules of evidence
[2-0590]
Exercise of discretion
[2-0595]
Arbitrations under the
Commercial Arbitration Act 2010
[2-0598]
Role of the court under the
Commercial Arbitration Act
[2-0600]
Finality of arbitrator’s award
[2-0610]
Rehearings
[2-0620]
Costs of rehearing
Legislation
Rules
Further references
Practice Notes
Amendment
[2-0700]
Court’s power of amendment
[2-0710]
General principles
[2-0720]
Amendment of pleadings
[2-0730]
Grounds for refusal of amendment
[2-0740]
Pre-judgment interest
[2-0750]
Amendment to conform with evidence
[2-0760]
Effective date of amendment
[2-0770]
Adding a party
[2-0780]
Limitation periods
[2-0790]
Costs
[2-0800]
Sample orders
[2-0810]
Amendment of judgments
Legislation
Search orders
[2-1000]
Introduction
[2-1010]
Search orders
[2-1020]
Requirements
[2-1030]
Safeguards
[2-1040]
Sample orders
[2-1050]
Sample orders
[2-1060]
Disclosure of customers and suppliers
[2-1070]
Sample orders
[2-1080]
Gagging order
[2-1090]
Cross-examination
[2-1095]
Setting aside a search order
[2-1100]
Risks for applicants and their solicitors
[2-1110]
Costs
Practice Note
Rules
Change of venue and transfer between New South Wales courts
[2-1200]
Change of venue
[2-1210]
Transfer of proceedings between courts
[2-1220]
Sample orders
Legislation
Practice Notes
Cross-vesting legislation
[2-1400]
Cross-vesting
[2-1410]
Sample order
Legislation
Service of process outside New South Wales
[2-1600]
Service within the Commonwealth of Australia
[2-1620]
Service pursuant to UCPR r 10.6
[2-1630]
Service outside Australia pursuant to UCPR Pts 11 and 11A
Legislation
Further reading
International Convention
Consolidation and/or joinder of proceedings
[2-1800]
Consolidation of proceedings
[2-1810]
Sample orders
[2-1820]
For proceedings to be heard together
Legislation
Rules
Set off and cross-claims
[2-2000]
Set off
[2-2010]
Transitional provisions
[2-2020]
Mutuality
[2-2030]
Applicability
[2-2040]
Set off of judgments
[2-2050]
Cross-claims generally
[2-2060]
Discretion
[2-2070]
Hearings
[2-2080]
Savings
[2-2090]
Judgment
[2-2100]
Costs
Legislation
Rules
Discovery
[2-2200]
Discovery generally
[2-2210]
Discovery and inspection during proceedings
[2-2220]
Discovery limited
[2-2230]
Relevant documents
[2-2240]
Procedure
[2-2250]
Personal injury cases
[2-2260]
Privileged documents
[2-2270]
Inspection
[2-2280]
Preliminary discovery generally
[2-2290]
Preliminary discovery to ascertain identity or whereabouts of prospective defendants
[2-2300]
Preliminary discovery to assess prospects
[2-2310]
Discovery of documents from non-parties
[2-2320]
General provisions
[2-2330]
Sample orders
Legislation
Rules
Further references
Dismissal for lack of progress
[2-2400]
Power under the rules
[2-2410]
Applicable principles
[2-2420]
Cognate power
[2-2430]
Costs
Legislation
Rules
Stay of pending proceedings
[2-2600]
The power
[2-2610]
Forum non conveniens
[2-2620]
The test for forum non conveniens
[2-2630]
Applicable principles of forum non conveniens
[2-2640]
Relevant considerations for forum non conveniens
[2-2650]
Conditional order
[2-2660]
Conduct of hearing and reasons for decision
[2-2670]
Related topic: anti-suit injunction
[2-2680]
Abuse of process
[2-2690]
Other grounds on which proceedings may be stayed
Legislation
Rules
Further references
Interim preservation orders including interlocutory injunctions
[2-2800]
Jurisdiction
[2-2810]
Generally
[2-2820]
Applications generally
[2-2830]
Undertaking as to damages
[2-2840]
Fair Trading Act 1987
and the
Australian Consumer Law (NSW)
[2-2850]
Defamation
[2-2860]
Receivers
[2-2870]
Injunctions to restrain the commencement of winding-up proceedings
[2-2880]
Procedure
[2-2890]
Ex parte applications
Legislation
Rules
Interpleader proceedings
[2-3000]
Introduction
[2-3010]
Stakeholder’s interpleader
[2-3020]
Sheriff’s interpleader
[2-3030]
Interpleader proceedings generally
[2-3040]
Disputed property
[2-3050]
Entitlement to apply
[2-3060]
Discretion
[2-3070]
Fees and charges
[2-3080]
Neutrality of applicant
[2-3090]
Costs
Legislation
Rules
Interrogatories
[2-3200]
Introduction
[2-3210]
Application
[2-3220]
Order necessary
[2-3230]
Objections to specific interrogatories
[2-3240]
The order
[2-3250]
The answers
[2-3260]
Answers as evidence
Legislation
Rules
Joinder of causes of action and parties
[2-3400]
Causes of action
[2-3410]
Common question
[2-3420]
Joint entitlement
[2-3430]
Joint or several liability
[2-3440]
Separate trials
[2-3450]
Generally
[2-3460]
Removal of parties
[2-3470]
Future conduct of proceedings
[2-3480]
General principles
[2-3490]
Leave
[2-3500]
Joint entitlement
[2-3510]
Inconvenient joinder
[2-3520]
Misjoinder
[2-3530]
Misnomer
[2-3540]
Parties that ought to be joined or are “necessary for the determination of all matters in dispute”
[2-3550]
Sample orders
Rules
Joinder of insurers and attachment of insurance moneys
[2-3700]
Generally
[2-3710]
Civil Liability (Third Party Claims Against Insurers) Act 2017
[2-3720]
Leave applications
[2-3730]
Limitation period and matters on which an insurer may rely
[2-3735]
Judgment against insured no bar to claim against insurer
[2-3737]
Effect of payments made by insurer to insured person
[2-3740]
Other statutes
Legislation
Limitations
[2-3900]
Introduction
[2-3910]
Provisions relating to personal injury and death in the Limitation Act 1969
[2-3920]
Provisions applicable to all three categories
[2-3930]
Motor Accidents Compensation Act 1999
[2-3935]
Motor Accident Injuries Act 2017
[2-3940]
Workers Compensation Act 1987
[2-3950]
Discretionary considerations concerning applications for extension of time generally
[2-3960]
Pleading the defence
[2-3965]
Cross references to related topics
[2-3970]
Table of limitation provisions in NSW
Legislation
Rules
Further References
Freezing orders
[2-4100]
Introduction
[2-4110]
Freezing orders
[2-4120]
Strength of case
[2-4130]
Danger that a judgment may go unsatisfied
[2-4140]
The form of order
[2-4150]
Value of assets subject to the restraint
[2-4160]
Living, legal and business expenses are excluded
[2-4170]
Sample orders
[2-4180]
Liberty to apply
[2-4190]
Sample orders
[2-4200]
Duration of the order
[2-4210]
Undertaking as to damages
[2-4220]
Sample orders
[2-4230]
Other undertakings
[2-4240]
Full disclosure on ex parte application
[2-4250]
Defence of the application or dissolution or variation of the order
[2-4260]
Ancillary orders
[2-4270]
Cross-examination
[2-4280]
Third parties
[2-4290]
Transnational freezing orders
Rules
Further references
Practice Note
Persons under legal incapacity
[2-4600]
Definition
[2-4610]
Commencing proceedings
[2-4620]
Defending proceedings
[2-4630]
Tutors/Guardians ad litem
[2-4640]
Proceedings commenced or continued by a person under legal incapacity without a tutor
[2-4650]
No appearance by tutor for a defendant under legal incapacity
[2-4660]
The end of legal incapacity
[2-4670]
Costs — legally incapacitated person’s legal representation
[2-4680]
Costs — tutor for plaintiff (formerly “next friend”)
[2-4690]
Costs — tutor for the defendant (formerly “guardian ad litem”)
[2-4700]
Compromise
[2-4710]
NSW Trustee and Guardian Act 2009
[2-4720]
Directions to tutor
[2-4730]
Money recovered
[2-4740]
Sample orders
Further reading
Legislation
Rules
Pleadings and particulars
[2-4900]
The relationship between pleadings and particulars
[2-4910]
Application of the rules
[2-4920]
Definition of “pleading”
[2-4930]
The purpose of pleadings and particulars
[2-4940]
How pleadings establish the issues to be tried: admission, denial, non-admission and joinder of issue
[2-4950]
Implied traverse as to damage and damages
[2-4960]
No joinder of issue on a statement of claim
[2-4970]
Pleader under legal disability
[2-4980]
Pleading of facts in short form in certain money claims
[2-4990]
Trial without further pleadings
[2-5000]
Pleadings for which leave is required or not required
[2-5010]
The form of pleadings, paragraphs
[2-5020]
Verification of pleadings
[2-5030]
Facts, not evidence
[2-5040]
Brevity
[2-5050]
References to documents and spoken words
[2-5060]
Matters presumed or implied and which, accordingly, need not be pleaded
[2-5070]
Unliquidated damages
[2-5080]
Matters arising after commencement of the proceedings
[2-5090]
Opposite party not to be taken by surprise
[2-5100]
The Anshun principle
[2-5110]
Special rules providing that particular matters must be pleaded specifically
[2-5120]
Special rules providing that particulars of certain matters be provided
[2-5130]
A point of law may be raised
[2-5140]
“Scott schedule” in building, technical and other cases
[2-5150]
The defence of tender, special rule
[2-5160]
Defamation, special rules
[2-5170]
Personal injury cases, special rules
[2-5180]
Interim payments, special rule
[2-5190]
Order for particulars
[2-5200]
Application for further and better particulars
[2-5210]
Striking out a pleading
[2-5220]
Leave to amend a pleading
[2-5230]
Where evidence is led or sought to be led outside the case pleaded and particularised
Legislation
Rules
Parties to proceedings and representation
[2-5400]
Application
[2-5410]
By whom proceedings may be commenced and carried on
[2-5420]
Affidavit as to authority to commence and carry on proceedings in the Supreme Court or District Court
[2-5430]
Issue of subpoena
[2-5500]
Representative proceedings in the Supreme Court
[2-5530]
Representation in cases concerning administration of estates, trust property or statutory interpretation
[2-5540]
Judgments and orders bind beneficiaries
[2-5550]
Interests of deceased persons
[2-5560]
Order to continue
[2-5570]
Executors, administrators and trustees
[2-5580]
Beneficiaries and claimants
[2-5590]
Joinder and costs
[2-5600]
Persons under legal incapacity
[2-5610]
Business names
[2-5620]
Defendant’s duty
[2-5630]
Plaintiff’s duty
[2-5640]
Relators
[2-5650]
Appointment and removal of solicitors
[2-5660]
Adverse parties
[2-5670]
Change of solicitor or agent
[2-5680]
Removal of solicitor
[2-5690]
Appointment of solicitor by unrepresented party
[2-5700]
Withdrawal of solicitor
[2-5710]
Effect of change
[2-5720]
Actions by a solicitor corporation
Legislation
Rules
Practice Note
Security for costs
[2-5900]
The general rule
[2-5910]
The power to order security for costs
[2-5920]
Exercising the discretion to order security
[2-5930]
General principles relevant to the exercise of the discretion
[2-5935]
The impoverished or nominal plaintiff: r 42.21(1B)
[2-5940]
Issues specific to the grounds in r 42.21(1)
[2-5950]
Nominal plaintiffs
[2-5960]
Corporations
[2-5965]
Ordering security in appeals
[2-5970]
Amount and nature of security to be provided
[2-5980]
Practical considerations when applying for security
[2-5990]
Dismissal of proceedings for failure to provide security
[2-5995]
Extensions of security for costs applications
[2-5997]
Applications for release of security
[2-6000]
Sample orders
Legislation
Rules
Further references
Separate determination of questions
[2-6100]
Sources of power
[2-6110]
Relevant principles and illustrations
[2-6120]
Procedural matters
[2-6130]
Suggested form of order for a separate determination
[2-6140]
Suggested form of determination and any consequential order
Legislation
Rules
Issues arising under foreign law
[2-6200]
Filing of notice
[2-6210]
Orders
[2-6220]
Determination of issues arising in foreign court proceedings
[2-6230]
Evidence obtained on commission for proceedings in another court or tribunal
Legislation
Rules
Judgments and orders
[2-6300]
Introduction
[2-6310]
Duty of the court
[2-6320]
Consent orders
[2-6330]
All issues
[2-6340]
Cross-claims
[2-6350]
Effect of dismissal
[2-6360]
Possession of land
[2-6370]
Detention of goods
[2-6380]
Set off of judgments
[2-6390]
Joint liability
[2-6400]
Delivery of judgment
[2-6410]
Written reasons
[2-6420]
Deferred reasons
[2-6430]
Reserved judgment
[2-6440]
Reasons for judgment
[2-6450]
Setting aside and variation of judgments and orders
[2-6460]
Date of effect of judgments and orders
[2-6470]
Time for compliance with judgments and orders
[2-6480]
Arrest warrants
[2-6490]
Entry of judgments and orders
[2-6500]
Service of judgment or order not required
Legislation
Rules
Further references
Setting aside and variation of judgments and orders
[2-6600]
Setting aside a judgment or order given, entered or made irregularly, illegally or against good faith
[2-6610]
Setting aside a judgment or order by consent
[2-6620]
Setting aside or varying a judgment or order before entry of the order or judgment
[2-6625]
Postponement of effect of entry
[2-6630]
Setting aside or varying a judgment or order after it has been entered — general rule
[2-6640]
Default judgment
[2-6650]
Absence of a party/undefended judgments
[2-6660]
In the case of possession of land, absence of a person ordered to be joined
[2-6670]
Interlocutory order
[2-6680]
The slip rule
[2-6685]
Error on the face of the record
[2-6690]
Varying a judgment or order against a person under an unregistered business name
[2-6700]
Denial of procedural fairness
[2-6710]
Fraud
[2-6720]
Liberty to apply
[2-6730]
Self-executing orders
[2-6735]
Consent orders
[2-6740]
Setting aside or varying a judgment or order ostensibly implementing a compromise or settlement
Legislation
Rules
Summary disposal and strike out applications
[2-6900]
Summary disposal
[2-6910]
Summary judgment for plaintiff
[2-6920]
Summary dismissal
[2-6930]
Dismissal for non-appearance of plaintiff at hearing
[2-6940]
Striking out pleadings
[2-6950]
Inherent power
[2-6960]
Sample orders
Legislation
Rules
Further reference
Time
[2-7100]
Reckoning of time
[2-7110]
Extension and abridgment
[2-7120]
Time during summer vacation
[2-7125]
Time for filing appearance
[2-7130]
Time for service of initiating process
Legislation
Rules
Further reading
Trial procedure
[2-7300]
Over-arching discretion
[2-7310]
Jury trial: applications, elections and requisitions
[2-7320]
Time and place of trial
[2-7330]
Adjournment
[2-7340]
Change of venue
[2-7350]
Party absent
[2-7360]
Trial to deal with all questions and issues
[2-7370]
The order of evidence and addresses
[2-7380]
Order of witnesses
[2-7390]
Calling a witness by the court
[2-7400]
Witnesses being in court before they give evidence
[2-7410]
Splitting a party’s case
[2-7420]
Re-opening a party’s case
[2-7430]
Dismissal of proceedings on the plaintiff’s application
[2-7440]
Dismissal of proceedings on the defendant’s application
[2-7450]
Judgment for want of evidence
[2-7460]
Fees unpaid
Legislation
Rules
Vexatious proceedings
[2-7600]
Introduction
[2-7610]
Inherent jurisdiction and powers of courts and tribunals
[2-7620]
Vexatious proceedings order
[2-7630]
“Frequently”
[2-7640]
Discretion
[2-7650]
Vexatious proceedings
[2-7660]
Contravention of vexatious proceedings order
[2-7670]
Applications for leave
[2-7680]
Orders limiting disclosure
Legislation