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District Court Civil

NSW

This publication guides practitioners through the conduct of civil proceedings in the District Court of New South Wales.

5 Matter Plans

Overview

The District Court Civil commentaries cover key topics including the pre-action protocol and practice direction, settlement, initiating and responding to proceedings, default and summary judgment, case management, disclosure, and trial in the District Court of New South Wales.

The Enforcement guide covers examination notices, payment by instalments, garnishee orders, writs, charging orders, enforcement of foreign and interstate judgements and enforcing Australian judgments overseas.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Also included is 101 Subpoena Answers, which is a useful reference guide.

Precedents in this publication include:

  • Library of letters of demand and example response to letter of demand;
  • Example offer of compromise and Calderbank offer;
  • Library of example consent orders;
  • Library of events for initiating application;
  • Example content for:
    • substituted service, amending the initiating application, and seeking injunctive relief;
    • defence, cross claim, summary judgment, summary dismissal, consolidation, security for costs, default judgment, and notice of discontinuance;
    • interrogatories, and content for setting aside subpoenas and notices to produce;
    • consent orders, terms of settlement, and deeds of release.
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5 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - District Court Civil (NSW) - Acting for the Plaintiff
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

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      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview
    Appeals from the District Court decisions go to the Supreme Court, or Court of Appeal, depending on the type of case. See Appeal. The District Court Act 1973, the District Court Rules 1973, the Uniform Civil Procedure Rules 2005 and the Civil Procedure Act 2005 provide for conduct of proceedings in ...

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  • Item icon Jurisdiction
    The District Court is a creature of statute and has no inherent jurisdiction. It does have incidental jurisdiction, essentially to control its own proceedings. It is the intermediate court in the state's judicial hierarchy. In its civil district the District Court can deal with claims up to ...

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  • Item icon Limitation periods
    Different limitation periods apply to different types of civil claims. See the commentary in the By Lawyers guides for the various applicable areas of law. Refer also to the Schedule of limitation periods in civil matters in NSW, the Limitation Act 1969 and the relevant legislation for the ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - District Court civil
    • Item icon To do list - Civil - Acting for the plaintiff
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Civil litigation
    • Item icon Retainer instructions - Debt collection
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing costs agreement
    • Item icon Costs agreement - NSW
    • Item icon Conditional costs agreement - NSW
    • Item icon Conditional costs agreement - Uplift fee - NSW
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Letters of demand
      Letters of demand are almost always issued prior to commencing proceedings. The exception might be where a potential plaintiff believes there is urgency for some reason, such as the imminent expiry of a limitation period, and proceedings therefore cannot be delayed. Even then, a letter of demand ...

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    • Folder icon Letters of demand
      • Item icon Standard letter of demand
      • Item icon Letter of demand with originating motion
      • Item icon Letter of demand to guarantor
      • Item icon Letter to client enclosing copy letter of demand
      • Item icon Letter to defendant chasing instalments
      • Item icon Letter to other side to cease and desist
    • Item icon Letter to other side to cease and desist
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Settling the matter
    • Item icon Alternative dispute resolution
      Alternative dispute resolution (ADR) is usually appropriate prior to the commencement of proceedings. It is encouraged by the court throughout the course a matter. Where proceedings have been commenced, it is still open to the parties to engage in ADR on their own without any intervention of the ...

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    • Item icon Letter to client advising on alternative dispute resolution
    • Item icon Letter to other side proposing settlement conference
    • Item icon Guidelines for preparing terms of settlement or consent orders
    • Item icon Mediation
      The court has power to order proceedings to mediation at any time, with or without the consent of the parties: s 26(1) of the Civil Procedure Act 2005. Most matters will be referred to mediation, or a settlement conference: paragraph 11 of Practice Note DC (Civil) No 1. If a party ...

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    • Item icon Letter to client advising on mediation
    • Item icon Standard directions for mediation before a registrar
    • Item icon Example content - Mediation position paper - Plaintiff
    • Item icon Offers of compromise
      This commentary is concerned with offers made by a party, which may lead to the offeree being required to pay costs, specifically on an indemnity basis, if the offer is not accepted. An offer, being an offer of compromise, may be made pursuant to r 20.26, with the relevant costs provisions ...

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    • Item icon Letter to other side with offer under the rules
    • Item icon Letter to other side with Calderbank offer
    • Item icon Settlement before proceedings have commenced
      If an agreement to settle is reached before proceedings are commenced the parties should enter into terms of settlement that provide for payment of the debt or a money amount in respect of claimed damages, or other agreed actions such as the completion of rectification work in a building case. A ...

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    • Item icon Example deed of release after letter of demand
    • Item icon Settlement after proceedings have commenced
      When the parties settle after proceedings have been commenced, they will have to enter into consent orders to dispose of the proceedings. The court’s power to make consent orders is in r 36.1A of the UCPR.

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    • Item icon General form
    • Item icon Example content - Terms of settlement
    • Item icon Consent judgment or consent order
    • Folder icon Library of consent orders
      • Item icon Clause - Consent orders for acceptance of lesser sum
      • Item icon Clause - Consent orders for judgment notation of agreement
      • Item icon Clause - Consent orders for proceedings to be dismissed with no order as to costs
      • Item icon Clause - Consent orders judgment in favour of one party
      • Item icon Clause - Consent orders payment inclusive of costs
    • Item icon Example deed of release - Settlement of proceedings
    • Item icon Undertaking for purpose of court approval of settlement
    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

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    • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
  • Folder icon C. Going to court
    • Item icon General form
    • Item icon Example content - Memorandum of consent to jurisdiction
    • Item icon Practice notes
      The court's practice notes govern procedure generally and in the specialist lists. Some of the most commonly applicable practice notes concern:

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    • Item icon The overriding purpose
      Section 56 of the Civil Procedure Act 2005 sets out the overriding purpose of the Act and the Uniform Civil Procedure Rules. All court business is subject to this section, which imposes an obligation to give effect to the overriding purpose of facilitating the just, quick, and cheap resolution ...

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    • Item icon Case management
      Practice Note DC (Civil) No. 1 applies to all cases. The District Court has strict time standards and all practitioners must ensure that their clients comply with the time standards.

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    • Item icon Initial case preparation
      In the light of Practice Note DC (Civil) No 1 a general approach to case preparation for all matters is:

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    • Item icon Letter to client enclosing Practice Note DC (Civil) No. 1
    • Item icon Practice Note DC (Civil) No. 1
    • Item icon Online Court
      The Judicial Registrar’s General List in Sydney is managed using Online Court under the procedures set out in Practice Note DC (Civil) No 1B. See the Judicial Registrar’s Guide to the Online Court in the General List.

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    • Item icon Electronic case management
      Electronic case management (ECM) provisions include:

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    • Item icon General case management
      Practice Note DC (Civil) No 1 applies and must be complied with otherwise the court may strike out the claim, make adverse costs orders, or both. Important provisions of the Practice Note include:

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    • Item icon Pre-trial conference
      The Pre-trial conference occurs 2 months after commencement of proceedings. Paragraph 5 of Practice Note DC (Civil) No. 1 applies.

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    • Item icon Status conference
      The status conference occurs 7 months after commencement of proceedings. Paragraph 8 of Practice Note DC (Civil) No. 1 applies.

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    • Item icon Show cause hearings
      The court’s case management system is designed to detect matters in default of timetables and list them for ‘show cause’ hearings. Matters in default at the pre-trial conference or the status conference will be referred by a Judicial Registrar to a judge for a ‘show cause’ hearing. At this hearing ...

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    • Item icon Letter to client before commencing proceedings or filing defence
    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Item icon Parties
      Natural persons Any natural person may commence and carry on proceedings: r 7.1(1) of the UCPR.

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    • Folder icon If required - Parties
      • Item icon Notice of motion
      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit by director authority to commence proceedings
      • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
      • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Item icon Notice of change of address for service
      • Item icon Consent to act as tutor
    • Item icon Injunctions
      Jurisdiction The District Court’s injunctive power is limited to granting ancillary relief by way of injunction in proceedings within its jurisdiction. This power is an implied power, limited as stated above to what is necessary for the court to effectively determine proceedings within its ...

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    • Item icon The usual undertaking as to damages
      The usual undertaking as to damages requires the party seeking an injunction to agree that it will submit to any order the court may ultimately make for payment of compensation to any person, whether or not a party, affected by the operation of the interlocutory order. Before any injunction is ...

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    • Folder icon If required - Injunctions
      • Item icon Summons
      • Item icon Clause - Summons for injunctive relief - Simple
      • Item icon Clause - Summons for injunctive relief - Land
      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit in support of summons for injunctive relief
      • Item icon Affidavit of service
  • Folder icon D. Pleadings, filing and service
    • Item icon Pleadings and particulars
      All pleadings must comply with the Uniform Civil Procedure Rules, in particular Part 14 – Pleadings and Part 15 – Particulars. The material facts of the claim must be pleaded with as much brevity as possible. The most important provision is r 14.7 which requires that a party’s ...

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    • Item icon Statement of claim
      The statement of claim needs to be drafted and then filed with sufficient copies and the correct filing fee. The other material that needs to be considered at this stage includes:

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    • Item icon Interest
      Practice Note DC (Civil) No. 15 applies. When a plaintiff or cross-claimant issues a statement of claim for a debt they are entitled to claim interest calculated in accordance with r 36.7: s 101 of the Civil Procedure Act 2005.

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    • Item icon Verification of pleadings
      With the exceptions provided for in r 14.22 damage actions for defamation, malicious prosecution, false imprisonment, death or personal injury, r 14.23 requires that a party’s pleading, including any amendment to the pleading, must be verified by affidavit. Rule 14.23(3) provides ...

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    • Item icon Reasonable prospects of success
      Clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 provides for restrictions on commencing, and defending, proceedings being a claim for damages that do not have reasonable prospects of success. There are serious costs consequences that can apply to a legal ...

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    • Item icon Statement of claim - filing party legally represented
    • Item icon Statement of claim - No verification
    • Folder icon Library of pleadings and particulars
      • Item icon Clause - Pleadings and particulars - Common money counts
      • Item icon Clause - Pleadings and particulars - Against company debtor director guarantor
      • Item icon Clause - Pleadings and particulars - For goods sold and delivered
      • Item icon Clause - Pleadings and particulars - Misrepresentation under s 18 of the Australian Consumer Law
      • Item icon Clause - Pleadings and particulars - Money lent
      • Item icon Clause - Pleadings and particulars - Recover money paid under mistake of fact
      • Item icon Clause - Pleadings and particulars - Solicitor's costs - Debt recovery
    • Folder icon If required - Statement of particulars - Personal injury
      • Item icon Statement of particulars - Personal injury proceedings
      • Item icon Statement of particulars - Compensation to relatives
    • Item icon Service
      Any originating process must be personally served: r 10.20(2)(a) of the UCPR. A party may only use email to serve a document on another party with that party’s consent: r 3.7.

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    • Item icon Letter instructing process server
    • Item icon Letter serving process at registered office of a company
    • Item icon Service in another state or territory
      Where process is to be served outside NSW and in another state, service must be effected pursuant to the Service and Execution of Process Act 1992 (Cth). Compliance with the provisions of the Act is essential, particularly s 16 which requires attachment of the notice set out in ...

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    • Folder icon Service and Execution of Process
      • Item icon Notice when serving initiating process in civil proceedings
      • Item icon Notice when serving subpoena
      • Item icon Notice when serving subpoena addressed to person in prison
      • Item icon Notice when serving initiating process in tribunal proceedings
      • Item icon Notice when serving tribunal subpoena
      • Item icon Notice when serving tribunal subpoena addressed to person in prison
    • Folder icon If required - Substituted service
      • Item icon Substituted service
        Rule 10.14 of the UCPR applies. If substituted service is necessary because the defendant cannot be served, applications are made in the registry to the duty registrar. Any application for substituted service must be supported by affidavits setting out all of the steps taken to effect service ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion - Order for substituted service
      • Item icon Affidavit
      • Item icon Clause - Affidavit by solicitor in support of substituted service
      • Item icon Clause - Affidavit by plaintiff in support of substituted service
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Folder icon If required - Amendment
      • Item icon Amendment
        As a very broad statement of principle, the earlier a party applies for leave to amend, the better the prospects of leave being granted, although this is not to say that a party should not always consider the necessity of seeking to amend no matter how far the proceedings have progressed. ...

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      • Item icon Statement of claim - filing party legally represented
      • Item icon Clause - Amended statement of claim
    • Item icon Objection to jurisdiction
      If the defendant does not submit to the jurisdiction of the court this is a threshold issue and they may make an application by notice of motion challenging jurisdiction and seeking to have the originating process set aside: r 12.11. The application may be made without the defendant entering ...

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    • Item icon Defence
      The rule relating to a defence is r 14.26. Rule 14.3 provides that the time limited for a defendant to file a defence is 28 days after service of the statement of claim. If this is not done the plaintiff may apply for default judgment.

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    • Item icon Requests for particulars
      The defendant is entitled to sufficient particulars of the claim so as to understand the allegations made against them and be able to respond. It is common for defendants to seek further particulars of the plaintiff’s pleaded claim and frequently this will require an extension of the time in which ...

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    • Folder icon If required - Reply
      • Item icon Reply
        A party does not require leave to file a reply: r 14.4(1). Any reply by the plaintiff must be filed within 14 days after the service of the defence: r 14.4(3). If it is out of time consider whether it is worthwhile to make the plaintiff seek leave to file the reply.

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      • Item icon Reply
    • Item icon Further pleadings
      No further pleadings subsequent to a reply may be filed without leave: r 14.5(1). If leave is sought the application must be made within 14 days after service of the pleading to which the further pleading responds: r 14.5(2).

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    • Folder icon If required - Defending cross claims
      • Item icon Cross-claims
        A defendant is entitled to bring any cross-claim against the plaintiff: s 22 of the Civil Procedure Act 2005 and r 9.8 of the UCPR. Regardless of whether the proceedings have been commenced by statement of claim or summons. The cross-claim does not have to arise out of the same facts and ...

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      • Item icon Example content - Defence to cross claim
    • Item icon Submitting appearance
      A submitting appearance can be entered where a defendant will not be taking an active part in the proceedings and as a consequence will submit to any orders made by the court in the proceedings: r 6.11. The submitting appearance carries the notation, Save as to costs, which reserves the ...

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  • Folder icon E. Interlocutory steps
    • Item icon Interlocutory applications
      These are brought by Notice of Motion supported by affidavit evidence. Paragraph 7 of Practice Note DC (Civil) No. 1 sets out the manner in which motions will be dealt with by the court.

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    • Item icon Clause - Generative AI verification
    • Item icon Security for costs
      Upon an application by a defendant the court may order the plaintiff to provide security for the anticipated costs of the defendant. The security is to cover the costs of the defendant once the case is finally determined with the defendant successful in its defence and the defendant obtaining an ...

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    • Folder icon Default judgment
      • Item icon Default judgment
        In liquidated and unliquidated claims, r 16.6, a plaintiff can enter default judgment where:

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      • Item icon Letter to defendant warning of entry of default judgment
      • Item icon Notice of motion - Default judgment for detention of goods
      • Item icon Notice of motion - Default judgment for liquidated claim
      • Item icon Notice of motion - Default judgment for unliquidated damages
      • Item icon Judgment or order
      • Item icon Affidavit of service
      • Item icon Letter to court for default judgment
      • Item icon Letter to client advising judgment entered
      • Item icon Letter to defendant advising judgment entered
    • Folder icon Summary judgment
      • Item icon Summary judgment
        An application for summary judgment is available to a plaintiff pursuant to r 13.1 of the UCPR where the defence filed is not sustainable. The test is that the defence must be so obviously untenable that it cannot possibly succeed, be manifestly groundless and so manifestly faulty that it does ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for summary judgment
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Summary judgment
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Folder icon Summary dismissal - Strike out defence
      • Item icon Summary dismissal
        The defendant may apply for summary dismissal of the plaintiff’s claim pursuant to r 13.4 of the UCPR. As in the case of a plaintiff seeking summary judgment, the test applied is the matter must be so obviously untenable that it cannot possibly succeed, be manifestly groundless and so ...

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      • Item icon Striking out of pleadings
        The defendant may also apply under r 14.28 for a pleading to be struck out. A pleading may be struck out if it:

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for summary dismissal
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Summary dismissal
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Folder icon Discontinuance of proceedings
      • Item icon Discontinuance of proceedings
        Proceedings may be discontinued by the plaintiff with the consent of each other active party r 12.1(1)(a) or with leave r 12.1(1)(b). Any grant of leave will be on terms with costs usually ordered to be paid by the discontinuing party: form 27. In any proceedings discontinued pursuant to ...

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      • Item icon Notice of discontinuance
      • Item icon Letter to court with notice of discontinuance
      • Item icon Letter to defendant thanking for final payment received
      • Item icon Letter to defendant enclosing copy of notice of discontinuance
    • Folder icon Separate decision of questions
      • Item icon Separate decision of questions
        The court may, by order, give directions as to the order in which questions of fact are to be tried: s 62(2) of the Civil Procedure Act 2005. The court may make orders for the decision of any question separately from any other question, whether before, at or after any trial or further trial of ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for separate determination
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support of notice of motion
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Folder icon Consolidation
      • Item icon Consolidation
        The court may order that proceedings be consolidated, that is heard together and evidence in one be evidence in the other, when realistically the claims and parties could have been pleaded in the one statement of claim. Hence there are no significant differences in the parties. Rule 28.5 ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for consolidation of proceedings
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support of consolidation
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Item icon Adjournments
      Paragraph 13 of Practice Note DC (Civil) No. 1 applies. The court will only grant adjournment applications where there are very good reasons. The parties must not ask the court to fix cases for trial unless they are ready for trial. Legal practitioners must ascertain the availability of ...

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  • Folder icon F. Gathering and exchanging evidence
    • Folder icon Affidavits, annexures, and exhibits
      • Item icon Affidavits
        Evidence at the hearing of a notice of motion must be by affidavit. In matters commenced by statement of claim there will be oral evidence however the court can direct that evidence be given by affidavits or statements, depending on the nature of the case: see r 31.1.

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      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Annexures and exhibits
        Rule 35.6 of the UCPR applies. Annexures must be identified by a certificate endorsed on the first page of the annexure signed by the person before whom the affidavit is made: r 35.6(2). The deponent does not sign annexures.

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      • Item icon Annexure certificate
      • Item icon Exhibit certificate
      • Item icon Agreed list of exhibits and tender bundle
        An agreed list of exhibits is a list of the documents the parties intend to rely upon at the hearing. The list will include annexures and exhibits to affidavits and further relevant documents that may have been discovered or produced on subpoena. The plaintiff should serve a list on the defendant ...

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      • Item icon Agreed list of exhibits
      • Item icon Filing and service of affidavits
        Affidavits are not filed in the registry except by order of the court, or as required by other rules of the court set out below, or with leave, or in accordance with an applicable practice note: r 35.9. A number of Uniform Civil Procedure Rules require affidavits to be filed. They are:

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      • Item icon Affidavit of service
      • Item icon Letter to other side serving notice for cross examination
    • Folder icon Subpoenas and notices to produce
      • Item icon Subpoenas
        Paragraph 6 of Practice Note DC (Civil) No. 1 applies. The court requires parties to issue subpoenas as early as possible so documents can be produced and inspected well before hearing and are available for the proper preparation of the case, including for submission to experts.

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      • Item icon Subpoena to produce with subpoena notice and declaration
      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to attend to give evidence and to produce with subpoena notice and declaration
      • Item icon Notices to produce
        In relation to a party, there is a further procedure available to obtain documents under Part 34 of the UCPR. A party may require another party to produce to the court any specified document. The practical advantage of a Notice to Produce at Hearing is that, whilst restricted only to service ...

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      • Item icon Notice to produce to court
      • Item icon Notice to produce for inspection
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion to set aside subpoena
      • Item icon Clause - Notice of motion to set aside notice to produce
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Set aside subpoena or notice to produce
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon NSW Subpoena Response – NSW Courts
    • Folder icon If required - Notices to admit facts and authenticity of documents
      • Item icon Notices to admit facts and authenticity of documents
        The procedure under Part 17 of the UCPR allows a party to issue a notice requiring the other party to admit material facts, r 17.3, and the authenticity of documents: r 17.4, form 17. The procedure is designed to limit the issues in dispute at hearing and reduce disputes about ...

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      • Item icon Notice to admit facts and authenticity of documents
      • Item icon Notice disputing facts and authenticity of documents
    • Folder icon If required - Discovery
      • Item icon Discovery
        Part 21 of the UCPR applies. Discovery is usually the first step after the close of pleadings. It is a process of identification, listing and production of documents for inspection by the parties to proceedings. Its purpose is to prevent documents being tendered by surprise at the hearing. The ...

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      • Item icon Letter to other side with categories of documents for discovery
      • Item icon Timetable
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for order for disclosure
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support - Order for disclosure
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Notice to produce for inspection
    • Folder icon If required - Expert witnesses
      • Item icon Expert witnesses
        Rule 31.19 provides that parties are precluded from relying on expert evidence at trial unless directions have been sought in accordance with the rule which requires that any party intending to adduce expert evidence at trial should promptly seek directions from the court in that regard at a ...

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      • Item icon Letter instructing single expert witness
      • Item icon Expert witness code of conduct
      • Item icon Letter to other side serving expert report
      • Item icon Affidavit
      • Item icon Clause - Affidavit of expert witness annexing report
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit of assessor
      • Item icon Clause - Affidavit of repairer
      • Item icon Application for witness to give evidence via audio visual link or telephone (Attachment D)
      • Item icon Application for witness to give evidence via audio visual link or telephone (Attachment C)
    • Folder icon If required - Interrogatories
      • Item icon Interrogatories
        Part 22 of the UCPR applies. A court order is required: r 22.1. Any application for an order must be accompanied by a copy of the proposed interrogatories.

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      • Item icon Interrogatories
      • Item icon Example content - Interrogatories to the defendant
      • Item icon Statement of answers to interrogatories - Link to UCPR forms
      • Item icon Example content - Plaintiff's answers to defendant's interrogatories
    • Item icon Interpreters
      Division 3 of Part 31 of the UCPR sets out the rules concerning interpreters. The interpreter must adhere to the Court Interpreters’ Code of Conduct, which is set out in Schedule 7A of the UCPR. A copy needs to be given to the interpreter as soon as possible after they have been engaged ...

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    • Folder icon If required - Interpreters
      • Item icon Letter to interpreter enclosing code of conduct
      • Item icon Court Interpreters’ Code of Conduct
      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Witness statement
  • Folder icon G. Preparation for hearing
    • Item icon Preparation for hearing
      The court’s standard orders for hearing are contained within Practice Note DC (Civil) No. 1. They require the following do be done prior to the hearing date.

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    • Item icon Chronology
    • Item icon Schedule of medical and expert reports
    • Item icon Schedule of damages and issues and any document to be tendered
    • Item icon Agreed list of exhibits and tender bundle
      An agreed list of exhibits is a list of the documents the parties intend to rely upon at the hearing. The list will include annexures and exhibits to affidavits and further relevant documents that may have been discovered or produced on subpoena. The plaintiff should serve a list on the defendant ...

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    • Item icon Agreed list of exhibits
    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Item icon Court book
      A court book is an indexed collection of documents that the parties will rely on during the hearing. A court book ordinarily includes all originating process, pleadings and evidence, and leaves out any irrelevant documents, even if they were disclosed in the proceedings. Whilst there is no specific ...

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    • Item icon District Court - Court book cover page
    • Item icon District Court - Court book index
    • Item icon Notice of motion - rehearing after arbitration
    • Item icon Clause - Notice of motion - Rehearing after arbitration
  • Folder icon H. Costs
    • Item icon Costs
      Costs are at the discretion of the court, but r 42.1 provides that if the court makes any order as to costs, the court is to order that costs follow the event. Rule 42.2 provides that unless otherwise ordered, costs are to be assessed on an ordinary basis.

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    • Item icon Costs disclosure before settlement
      See 101 Costs Answers for more information on costs disclosure generally. In litigation matters, the lawyer’s disclosure obligation extends to giving the client a reasonable estimate of the costs that will be payable if the matter is settled, including any costs of another party that are likely to ...

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    • Item icon Notice of motion
    • Item icon Clause - Notice of motion for order of maximum costs
    • Item icon Affidavit
    • Item icon Clause - Generative AI disclosure
    • Item icon Clause - Generative AI disclosure with annexure or exhibit
  • Folder icon I. Finalising the matter
    • Item icon Settled matters
      Paragraph 15 of Practice Note DC (Civil) No. 1 applies. Parties are required to advise the list office immediately a matter is settled. Until terms of settlement, consent orders or a notice of discontinuance is filed then the parties must attend before the court when the matter is listed.

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    • Item icon Appeals
      It is important to advise a client about their appeal rights, in writing, promptly, regardless of the outcome of the matter. Section 127 of the District Court Act 1973 concerns an appeal from a Judge’s or Judicial Registrar’s judgment – it is to the Supreme Court. The major limitation is that ...

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    • Item icon Letter to client finalising matter
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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