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Uniform Civil Procedure Rules 2005

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Uniform Civil Procedure Rules 2005 Uniform Civil Procedure Rules 2005 Does not include amendments by: Court Information Act 2010 No 24 (not commenced) Reprint history: Reprint No 1 20 March 2007 Reprint No 2 20 October 2009 Part 1 – Preliminary Division 1 – General 1.1 Name of rules These rules are the Uniform Civil Procedure Rules 2005. 1.2 Definitions (1) Words and expressions that are defined in the Dictionary at the end of these rules have the meanings set out in the Dictionary. (2) Notes included in these rules do not form part of these rules. In the notes, "DCR" means the District Court Rules 1973, "LCR" means the Local Courts (Civil Claims) Rules 1988 and "SCR" means the Supreme Court Rules 1970. 1.3 References to barristers and solicitors (1) For the purposes of these rules: (a) a reference in these rules to a "barrister" is a reference to a legal practitioner who practises as a barrister, and (b) a reference in these rules to a "solicitor" is a reference to a legal practitioner who practises as a solicitor. The rights of a person to practise as a barrister or to practise as a solicitor are regulated by the Legal Profession Act 2004. (2) For the purposes of rule 33.9 (9), a reference to a solicitor for a party includes a reference to: (a) a solicitor acting as agent for the solicitor for a party, and (b) any other solicitor belonging to or employed by the same firm or organisation as the solicitor for a party or the solicitor acting as agent for the solicitor for a party. (3) For the purposes of rule 33.9 (10): (a) a reference to a solicitor who removes a document or thing from the office of the registrar includes a reference to a solicitor who directs a person referred to in paragraph (b) to remove a document or thing from the office of the registrar, and (b) a reference to the personal custody of the solicitor includes a reference to the personal custody of: (i) any other solicitor belonging to or employed by the same firm or organisation as that solicitor, or any other person employed by that firm or organisation, and (ii) any other solicitor acting as agent for that solicitor, and (iii) any other solicitor belonging to or employed by the same firm or organisation as a solicitor acting as agent for that solicitor, or any other person employed by that firm or organisation, and (iv) if the registrar has approved a firm or organisation to provide photocopying services in respect of documents, any employee of a firm or organisation so approved. 1.4 Saving as to discovery (cf SCR Part 1, rule 14) These rules do not affect the right of any person to commence proceedings for discovery. 1.5 Application of these rules (1) Subject to subrule (2), these rules apply to each court referred to in Column 1 of Schedule 1 in relation to civil proceedings of a kind referred to in Column 2 of that Schedule. (2) In respect of each court referred to in Column 1 of Schedule 1, civil proceedings of a kind referred to in Column 2 of that Schedule are excluded from the operation of each provision of these rules referred to in Column 4 of that Schedule in respect of those proceedings. (3) The exclusion of civil proceedings from any such provision is subject to such conditions, limitations or exceptions as are specified in Column 4 of Schedule 1 in relation to that provision. 1.6 Exclusion of provisions of Civil Procedure Act 2005 In respect of each court referred to in Column 1 of Schedule 1: (a) civil proceedings of a kind referred to in Column 2 of that Schedule are excluded from the operation of the provisions of Parts 3-9 of the Civil Procedure Act 2005 referred to in Column 3 of that Schedule in respect of those proceedings, and (b) the following proceedings, to the extent to which they are civil proceedings, are excluded from all of Parts 3-9 of the Civil Procedure Act 2005: (i) proceedings under the Mental Health (Criminal Procedure) Act 1990, (ii) proceedings under the Habitual Criminals Act 1957, (iii) proceedings under the Bail Act 1978, (iv) proceedings under the Crimes (Domestic and Personal Violence) Act 2007, (v) proceedings under Part 4 of the Victims Support and Rehabilitation Act 1996. 1.7 Local rules that prevail over these rules The rules of court specified in Schedule 2 prevail over these rules. 1.8 Determination of questions arising under these rules (cf SCR Part 23, rule 4 (b) and (d)) The court may determine any question arising under these rules (including any question of privilege) and, for that purpose: (a) may inspect any document in relation to which such a question arises, and (b) if the document is not before the court, may order that the document be produced to the court for inspection. 1.9 Objections to production of documents and answering of questions founded on privilege (cf SCR Part 36, rule 13; DCR Part 28, rule 16) (1) This rule applies in the following circumstances: (a) if the court orders a person, by subpoena or otherwise, to produce a document to the court or to an authorised officer, (b) if a party requires another party, by notice under rule 34.1, to produce a document to the court or to an authorised officer, (c) if a question is put to a person in the course of an examination before the court or an authorised officer. (2) In subrule (1), "authorised officer" means: (a) any officer of the court, or (b) any examiner, referee, arbitrator or other person who is authorised by law to receive evidence. (3) A person may object to producing a document on the ground that the document is a privileged document or to answering a question on the ground that the answer would disclose privileged information. (4) A person objecting under subrule (3) may not be compelled to produce the document, or to answer the question, unless and until the objection is overruled. (5) For the purpose of ruling on the objection: (a) evidence in relation to the claim of privilege may be received from any person, by affidavit or otherwise, and (b) cross-examination may be permitted on any affidavit used, and (c) in the case of an objection to the production of a document, the person objecting may be compelled to produce the document. (6) This rule does not affect any law that authorises or requires a person to withhold a document, or to refuse to answer a question, on the ground that producing the document, or answering the question, would be injurious to the public interest. 1.10 (Repealed) 1.10A Powers of associate Judges of the Supreme Court (cf SCR Part 60, rule 1A) (1) Subject to subrule (2), an associate Judge of the Supreme Court may exercise any of the powers of the Court under the Civil Procedure Act 2005, or under rules of court, in relation to defamation proceedings. (2) An associate Judge may not exercise the power conferred by rule 29.15 or 29.16 in relation to any such proceedings. Section 118 of the Supreme Court Act 1970 sets out the powers exercisable by an associate Judge. Those powers include powers conferred by rules of court. In addition to the power conferred by this rule, see rule 1A of Part 60 of the Supreme Court Rules 1970, together with Schedule D to those rules, for other powers of the Supreme Court that may be exercised by an associate Judge. 1.10B When Part 11A concerning service under Hague Convention has effect The provisions of Part 11A have effect on and from the day on which the Hague Convention enters into force for Australia. Division 2 – Time 1.11 Reckoning of time (cf SCR Part 2, rule 2; DCR Part 3, rule 1; LCR Part 4, rule 1) (1) Any period of time fixed by these rules, or by any judgment or order of the court or by any document in any proceedings, is to be reckoned in accordance with this rule. (2) If a time of one day or longer is to be reckoned by reference to a given day or event, the given day or the day of the given event is not to be counted. (3) If, apart from this subrule, the period in question, being a period of 5 days or less, would include a day or part of a day on which the registry is closed, that day is to be excluded. (4) If the last day for doing a thing is, or a thing is to be done on, a day on which the registry is closed, the thing may be done on the next day on which the registry is open. (5) Section 36 of the Interpretation Act 1987 (which relates to the reckoning of time) does not apply to these rules. 1.12 Extension and abridgment of time (cf SCR Part 2, rule 3; DCR Part 3, rule 2; LCR Part 4, rule 2) (1) Subject to these rules, the court may, by order, extend or abridge any time fixed by these rules or by any judgment or order of the court. (2) The court may extend time under this rule, either before or after the time expires, and may do so after the time expires even if an application for extension is made after the time expires. 1.13 Fixing times (cf SCR Part 2, rule 4; DCR Part 3, rule 3; LCR Part 4, rule 3) If no time is fixed by these rules, or by any judgment or order of the court, for the doing of any thing in or in connection with any proceedings, the court may, by order, fix the time within which the thing is to be done.
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