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Supreme Court Civil

NSW

This publication guides practitioners through the conduct of civil proceedings in the Common Law and Equity divisions of the Supreme Court of New South Wales.

7 Matter Plans

Overview

The Supreme 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 Common Law and Equity divisions of the Supreme 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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7 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Supreme Court Civil (NSW) Common Law Division - 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 and limitation periods
    The Supreme Court is the highest court in NSW. It has unlimited civil jurisdiction and appellate jurisdiction. This commentary applies to matters in the Common Law Division of the Supreme Court only.

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  • Item icon Summary of the process
    The usual steps in acting for a plaintiff in a civil claim are:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Supreme 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
    • 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 Settling the matter
      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 ...

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    • 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
    • Item icon Guidelines for preparing terms of settlement or consent orders
    • Item icon Alternative dispute resolution and mediation
      Practitioners have a duty to provide their client with costs disclosure and to keep it up to date. They also have a duty to advise the client of the availability of alternative dispute resolution (ADR). ADR has a number of forms: negotiations between solicitors, negotiations between counsel, ...

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    • Item icon Letter to client advising on alternative dispute resolution
    • Item icon Example content - Mediation position paper - Plaintiff
    • Item icon Offers of compromise – includes Calderbank and rule offers
      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 either 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 are 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 even for the completion of rectification or further work in a building case, together with ...

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    • Item icon Letter to other side proposing settlement conference
    • Item icon Example deed of release after letter of demand
    • Item icon General form
    • Item icon Example content - Terms of settlement
    • Item icon Consent orders
      Uniform Civil Procedure Rule 36.1A When the parties settle after proceedings have been commenced, they will have to enter into consent orders to dispose of the proceedings.

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    • 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 The overriding purpose
      Section 56 of the Civil Procedure Act 2005 sets out the overriding purpose of the Civil Procedure Act 2005 and the Uniform Civil Procedure Rules (UCPR). All business in the court is conducted subject to this section, which imposes on the court an obligation:

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    • Item icon Practice notes
      The court’s practice notes govern case management procedures in the court’s divisions and lists. All the practice notes are available at Supreme Court of New South Wales Practice Notes. Procedures vary in individual lists. Reference to, and compliance with, the practice notes saves time and reduces ...

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    • Item icon Reasonable prospects of success
      Clause 4 of schedule 2 of the Legal Profession Uniform Law Application Act 2014 requires a lawyer to certify if they act for a client commencing or defending a claim for damages that the proceedings have reasonable prospects of success. Costs can be awarded under clause 5 against the lawyer if the ...

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    • Item icon Electronic case management and the online court
      Electronic case management (ECM) is conducted under the provisions of:

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    • Item icon Brief to counsel - Civil
    • Item icon Example content - Brief to counsel - Civil
    • Item icon Parties
      Any natural person may commence and carry on proceedings: r 7.1(1). A natural person does not require representation but may be represented by a solicitor: r 7.24.

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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 Time
      Rule 1.11 concerns the calculation of the time within which anything stipulated under the rules, or a court order must be done. This includes serving a notice of motion under r 18.4 at least 3 days before the hearing date and serving a summons under r 6.15(3) not less than ...

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    • Item icon Injunctions
      Uniform Civil Procedure Rules - Part 25 Interim preservation Injunctive relief may be sought in a number of circumstances. Part 25 deals with the need for interim preservation of property.

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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 Library of less common forms
      • Folder icon Affidavits
        • 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 in support of interpleader by stakeholder
        • Item icon Clause - Affidavit in support of notice of motion for stay of writ of possession
        • Item icon Clause - Affidavit in support of notice of motion or writ of possession of land
        • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
        • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Folder icon Notices
        • Item icon Notice of Application for Winding up Order
        • Item icon Notice of intention to file notice of ceasing to act
        • Item icon Notice of ceasing to act
      • Folder icon Notices of motion
        • Item icon Notice of motion
        • Item icon Notice of motion - Default judgment for liquidated claim
        • Item icon Notice of motion - Default judgment for unliquidated damages
        • Item icon Affidavit
        • Item icon Clause - Generative AI disclosure
        • Item icon Clause - Generative AI disclosure with annexure or exhibit
        • Item icon Clause - Notice of motion - Appeal from decision of associate judge
        • Item icon Clause - Notice of motion for transfer of proceedings to another court
        • Item icon Clause - Notice of motion - Rehearing after arbitration
        • Item icon Clause - Notice of motion for interpleader by stakeholder
        • Item icon Clause - Notice of motion for review of registrar's decision
        • Item icon Clause - Notice of motion for stay of writ for possession of land
        • Item icon Clause - Notice of motion for withdrawal
        • Item icon Clause - Notice of motion to set aside order or judgment
        • Item icon Clause - Notice of motion to vary judgment or order
      • Folder icon Summons
        • Item icon Summons
        • Item icon Clause - Summons for interpleader
        • Item icon Clause - Summons for interpleader by stakeholder
        • Item icon Clause - Summons for specific performance
        • Item icon Clause - Summons for transfer of proceedings to a lower court
        • Item icon Clause - Summons seeking orders against stakeholder
        • Item icon Clause - Summons to wind up a trust
      • Folder icon Miscellaneous
        • Item icon Consent judgment or consent order
        • Item icon Clause - Consent orders judgment in favour of one party
        • Item icon Judgment or order
        • Item icon Clause - Judgment in favour of one party
        • Item icon Deed of family arrangement
        • Item icon Clause - Usual order for reference
  • Folder icon D. Pleadings, filing and service
    • Item icon Originating process
      Uniform Civil Procedure Rules –Pt 4, Pt 14, Pt 15 File the originating process and arrange for service on the defendant/s. Service is discussed in more detail below.

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    • Item icon Interest
      Section 100 Civil Procedure Act provides that in proceedings for the recovery of money, including any debt or damages or the value of goods, the court may include interest, generally from when the cause of action arose to the time judgment takes effect. Section 101 is concerned with ...

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    • Item icon Proceedings commenced by summons
      Uniform Civil Procedure Rule 6.4 As a basic proposition, generally proceedings are commenced by summons when:

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    • Item icon Summons
    • Item icon Proceedings commenced by Statement of Claim
      Uniform Civil Procedure Rule 6.4 Proceedings are commenced by Statement of Claim typically in personal injury claims and claims based on tort.

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    • 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 pleading must ...

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    • Item icon Statement of claim - filing party legally represented
    • Item icon Notice to plead facts - Money claims
    • 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
    • Item icon Verification of pleadings
      Verification of pleadings is applicable to proceedings in the Supreme Court and District Court – not in the Local Court. Under r 14.22(1) verification is not required for pleadings in proceedings for the recovery of damages for:

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    • Item icon Cross-claims by the defendant
      Uniform Civil Procedure Rules - Part 9 A defendant is entitled to bring any cross-claim against the plaintiff (s 22 Civil Procedure Act 2005), whether the proceedings have been commenced by statement of claim or summons.

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    • Item icon Defence
    • Item icon Example content - Defence to cross claim
    • Item icon Request by the defendant for further and better particulars
      The plaintiff may receive a request for further and better particulars, either before or after a defence is filed. If such a request is received, the defendant’s letter may also ask for further time in which to file a defence after the answers are received and may even be phrased 'we assume that a ...

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    • Item icon Reply
      A party does not require leave to file a reply to a defence in the Supreme Court: r 14.4(1). Any reply by the plaintiff must be filed within 14 days after the defence is served: 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 Service
      A party can only serve a document by email on another party with their consent: r 3.7. Generally, originating process will require personal service. However, the address for service in the Statement of Claim, any Appearance, and any Defence will usually contain consent to service by electronic ...

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    • Item icon Letter instructing process server
    • Item icon Letter serving process at registered office of a company
    • Item icon Affidavit of service
    • Item icon Service of originating process overseas
      Originating process for proceedings in the Supreme Court may be served outside Australia, as provided in Part 11. Rule 11.4 provides that originating process may be served outside Australia in the circumstances referred to in Schedule 6. Notice to that effect must be included in the originating ...

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    • 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 Service and Execution of Process Act 1992 is essential, particularly s 16 which requires attachment of ...

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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
        Uniform Civil Procedure Rules – r 10.14 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 ...

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      • Item icon Judgment or order
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for substituted service
      • Item icon Affidavit
      • Item icon Clause - Affidavit by plaintiff in support of substituted service
      • Item icon Clause - Affidavit by solicitor in support of substituted service
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Item icon Claims for Contribution or Indemnity
      In actions in tort a defendant can join all necessary defendants by way of cross-claim (r 9.11) for claims toward contribution or indemnity or any other relief relating to or connected with the subject of the action. Local Court Magistrates have power to make such orders as may be expedient to ...

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    • Folder icon If required - Land
      • Item icon Possession claims
        These matters fall within the ambit of Practice Note SC CL 6, which:

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      • Item icon Summons
      • Item icon Statement of claim - filing party legally represented
      • Item icon Clause - Pleadings and particulars for possession of land
      • Item icon Possession of land coversheet
      • Item icon Notice to occupier
    • Folder icon If required - Amendment
      • Item icon Amendment
        Uniform Civil Procedure Rules - Part 19 Rule 19.1 permits amendment to a statement of claim, without leave, once within 28 days after it was filed. This enables the plaintiff to amend the statement of claim very easily within the time constraints, and even if a defence has already been filed. Any ...

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      • Item icon Statement of claim - filing party legally represented
      • Item icon Clause - Amended statement of claim
      • Item icon Notice of motion
      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
    • Folder icon Library of less common forms
      • Folder icon Affidavits
        • 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 in support of interpleader by stakeholder
        • Item icon Clause - Affidavit in support of notice of motion for stay of writ of possession
        • Item icon Clause - Affidavit in support of notice of motion or writ of possession of land
        • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
        • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Folder icon Notices
        • Item icon Notice of Application for Winding up Order
        • Item icon Notice of intention to file notice of ceasing to act
        • Item icon Notice of ceasing to act
      • Folder icon Notices of motion
        • Item icon Notice of motion
        • Item icon Notice of motion - Default judgment for liquidated claim
        • Item icon Notice of motion - Default judgment for unliquidated damages
        • Item icon Affidavit
        • Item icon Clause - Generative AI disclosure
        • Item icon Clause - Generative AI disclosure with annexure or exhibit
        • Item icon Clause - Notice of motion - Appeal from decision of associate judge
        • Item icon Clause - Notice of motion for transfer of proceedings to another court
        • Item icon Clause - Notice of motion - Rehearing after arbitration
        • Item icon Clause - Notice of motion for interpleader by stakeholder
        • Item icon Clause - Notice of motion for review of registrar's decision
        • Item icon Clause - Notice of motion for stay of writ for possession of land
        • Item icon Clause - Notice of motion for withdrawal
        • Item icon Clause - Notice of motion to set aside order or judgment
        • Item icon Clause - Notice of motion to vary judgment or order
      • Folder icon Summons
        • Item icon Summons
        • Item icon Clause - Summons for interpleader
        • Item icon Clause - Summons for interpleader by stakeholder
        • Item icon Clause - Summons for specific performance
        • Item icon Clause - Summons for transfer of proceedings to a lower court
        • Item icon Clause - Summons seeking orders against stakeholder
        • Item icon Clause - Summons to wind up a trust
      • Folder icon Miscellaneous
        • Item icon Consent judgment or consent order
        • Item icon Clause - Consent orders judgment in favour of one party
        • Item icon Judgment or order
        • Item icon Clause - Judgment in favour of one party
        • Item icon Deed of family arrangement
        • Item icon Clause - Usual order for reference
  • Folder icon E. Interlocutory steps
    • Item icon Interlocutory applications
      These are brought by notice of motion supported by affidavit evidence. In some specialist lists leave is required before some interlocutory applications may be filed – check the relevant Practice Notes.

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    • Item icon Clause - Generative AI verification
    • Folder icon If required - Expedition
      • Item icon Expedition
        Expedition is the process of displacing other matters and allocating a matter urgent priority for hearing. As a consequence, a party will not be successful in achieving expedition unless there are compelling reasons as to why the court should expedite the matter. Delay, after the requirement for ...

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for expedition
    • Folder icon If required - Consolidation
      • Item icon Consolidation
        Uniform Civil Procedure Rule 28.5 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 ...

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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 - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit in support of consolidation
    • Folder icon If required - Separate decision of questions
      • Item icon Separate decision of questions
        Uniform Civil Procedure Rule 28.2 The court may, by order, give directions as to the order in which questions of fact are to be tried: s 62(2) Civil Procedure Act 2005.

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for separate determination
      • 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 notice of motion
    • Folder icon If required - Default judgment
      • Item icon Entry of default judgment
        If the defendant fails to file a defence, or there is otherwise a circumstance where r 16.2 applies, the plaintiff may apply for judgment by default. Default judgment cannot be entered where the defendant has:

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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 Notice of motion - Default judgment on claim for possession of land
      • Item icon Judgment or order
      • 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 entry for default judgment
      • Item icon Clause - Affidavit in support of notice of motion or writ of possession of land
      • Item icon Affidavit of service
      • Item icon Affidavit of debt
      • 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 If required - Summary judgment
      • Item icon Summary judgment
        Uniform Civil Procedure Rule 13.1 Summary judgment is available to a plaintiff in circumstances where the defence filed is not sustainable.

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for summary judgment
      • 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 - Summary judgment
    • Folder icon If required - Summary dismissal - Strike out defence
      • Item icon Summary dismissal
        The plaintiff may be faced by an application by the defendant who, faced with what it considers to be an unsustainable claim by the plaintiff, may apply for summary dismissal pursuant to r 13.4. As in the case of a plaintiff seeking summary judgment, the test applied is that the matter must be 'so ...

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      • Item icon Dismissal of proceedings
        Dismissal of proceedings for want of due despatch Uniform Civil Procedure Rule 12.7

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      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for summary dismissal
      • 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 - Summary dismissal
    • Folder icon If required - Discontinuance and withdrawal
      • Item icon Discontinuance of proceedings
        Uniform Civil Procedure Rule 12.1 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.

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      • Item icon Notice of discontinuance
      • Item icon Withdrawal of matter in defence or subsequent pleading
        Uniform Civil Procedure Rule 12.6 A party raising any matter in a defence or subsequent pleading may withdraw the matter at any time: r 12.6. Despite this rule, a party may not withdraw any admission except with the consent of the other party or by leave of the court.

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    • Folder icon Library of less common forms
      • Folder icon Affidavits
        • 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 in support of interpleader by stakeholder
        • Item icon Clause - Affidavit in support of notice of motion for stay of writ of possession
        • Item icon Clause - Affidavit in support of notice of motion or writ of possession of land
        • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
        • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Folder icon Notices
        • Item icon Notice of Application for Winding up Order
        • Item icon Notice of intention to file notice of ceasing to act
        • Item icon Notice of ceasing to act
      • Folder icon Notices of motion
        • Item icon Notice of motion
        • Item icon Notice of motion - Default judgment for liquidated claim
        • Item icon Notice of motion - Default judgment for unliquidated damages
        • Item icon Affidavit
        • Item icon Clause - Generative AI disclosure
        • Item icon Clause - Generative AI disclosure with annexure or exhibit
        • Item icon Clause - Notice of motion - Appeal from decision of associate judge
        • Item icon Clause - Notice of motion for transfer of proceedings to another court
        • Item icon Clause - Notice of motion - Rehearing after arbitration
        • Item icon Clause - Notice of motion for interpleader by stakeholder
        • Item icon Clause - Notice of motion for review of registrar's decision
        • Item icon Clause - Notice of motion for stay of writ for possession of land
        • Item icon Clause - Notice of motion for withdrawal
        • Item icon Clause - Notice of motion to set aside order or judgment
        • Item icon Clause - Notice of motion to vary judgment or order
      • Folder icon Summons
        • Item icon Summons
        • Item icon Clause - Summons for interpleader
        • Item icon Clause - Summons for interpleader by stakeholder
        • Item icon Clause - Summons for specific performance
        • Item icon Clause - Summons for transfer of proceedings to a lower court
        • Item icon Clause - Summons seeking orders against stakeholder
        • Item icon Clause - Summons to wind up a trust
      • Folder icon Miscellaneous
        • Item icon Consent judgment or consent order
        • Item icon Clause - Consent orders judgment in favour of one party
        • Item icon Judgment or order
        • Item icon Clause - Judgment in favour of one party
        • Item icon Deed of family arrangement
        • Item icon Clause - Usual order for reference
  • Folder icon F. Gathering and exchanging evidence
    • Folder icon Affidavits, annexures, and exhibits
      • Item icon Affidavits, annexures, and exhibits
        Affidavits Evidence at the hearing of a notice of motion must be by affidavit.

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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 Affidavit of service
      • Item icon Annexure certificate
      • Item icon Exhibit certificate
      • Item icon Agreed list of exhibits
    • Folder icon If required - Notices to admit facts and authenticity of documents
      • Item icon Notices to admit facts and authenticity of documents
        Uniform Civil Procedure Rules – Part 17 The procedure under Part 17 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 Notice to Admit Facts and Authenticity of Documents.

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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
        Uniform Civil Procedure Rules – Part 21 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 surprises at trial The major exception is in ...

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      • Item icon Letter concerning categories of documents for discovery
      • Item icon List of documents
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for order for disclosure
      • 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 - Order for disclosure
      • Item icon Notice to produce for inspection
    • Folder icon If required - Interrogatories
      • Item icon Interrogatories
        Uniform Civil Procedure Rules – Part 22 Interrogatories can be quite a difficult area and, if really necessary, Counsel’s advice might be required.

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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
    • Folder icon Subpoenas and notices to produce
      • Item icon Subpoenas and notices to produce at hearing
      • Item icon Subpoena to attend to give evidence
      • Item icon Subpoena to produce with subpoena notice and declaration
      • Item icon Subpoena to attend to give evidence and to produce with subpoena notice and declaration
      • Item icon Notice to produce for inspection
      • Item icon Notice to produce to court
      • 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 - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit in support - Set aside subpoena or notice to produce
      • Item icon NSW Subpoena Response – NSW Courts
    • Folder icon If required - Expert witnesses
      • Item icon Expert witnesses
        Rule 31.21 of the Uniform Civil Procedure Rules requires expert witness’ evidence in chief to be given by tender of reports. Part 31 of the Rules and the following practice notes govern expert reports:

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      • Item icon Letter instructing expert witness - Plaintiff
      • Item icon Letter instructing single expert witness
      • Item icon Expert witness code of conduct
      • Item icon Affidavit
      • Item icon Clause - Generative AI disclosure
      • Item icon Clause - Generative AI disclosure with annexure or exhibit
      • Item icon Clause - Affidavit of expert witness annexing report
      • Item icon Letter to other side serving expert report
      • 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 G. The hearing
    • Item icon First directions hearing
      Proceedings in the Common Law Division will generally be managed by way of Directions Hearings conducted by a Judge or the Registrar. The procedure to be followed is set out exhaustively in Practice Note SC CL 1 and the specific Practice Notes applicable to the specialist lists. The first ...

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    • Item icon General form
    • Item icon Example content - Timetable
    • Item icon After the first directions hearing
      Generally, at the first directions hearing, a timetable will have been agreed on and directions made. The matter usually will be allocated a further directions hearing, the latter which may be conducted, even for Sydney Registry, online or by telephone. In relation to claims in tort, contract or ...

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    • Item icon Continuation of proceedings following partial judgment
      Uniform Civil Procedure Rule 13.3 If a party applies for summary judgment and the proceedings are not wholly disposed of by the judgment, the proceedings may be continued as regards any claim or part of a claim not disposed of by the judgment: r 13.3.

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    • Item icon Stay of judgment pending determination of cross-claim
      Uniform Civil Procedure Rule 13.2 If the court gives judgment against a party under r 13.1 and that party has a cross-claim against the party obtaining the judgment, the court may stay enforcement of the judgment until determination of the cross-claim: r 13.2.

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    • Item icon Allocation of a hearing date
      Upon the service of lay witness statements or affidavits, cases are referred to the Chief Judge to determine if it is appropriate to list a matter for hearing and to allocate a Judge for pre-trial case management. This does not apply to cases in the Administrative and Industrial Law List, the ...

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    • Item icon Pre-trial directions before the trial judge
      In the respective specialist lists there are standard directions as to the requirements to prepare for trial. In many cases a bundle of tender documents will need to be prepared. This needs to be considered in the context of subpoenaed documents and especially paragraph 18 of PN SC Gen 18. ...

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    • Item icon Example content - Chronology
    • Item icon Example content - Schedule of damages
    • Item icon Statement of issues
    • Item icon Clause - Statement of issues in dispute
    • Item icon Clause - Generative AI verification
    • Item icon Agreed list of exhibits
    • Item icon Schedule of medical and expert reports
    • 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 Supreme Court - Court book cover page
    • Item icon Supreme Court - Court book index
    • Item icon Notice of motion - rehearing after arbitration
    • Item icon Clause - Notice of motion - Rehearing after arbitration
    • 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 If required - Discontinuance of proceedings
      • 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 If required - Security for costs
      • Item icon Security for costs
        This is an application by a defendant whereby the court may order the plaintiff to provide security for the defendant's costs. The security is to try to cover the defendant's costs once the case is finally determined, with the defendant successful in its defence and the defendant obtaining an order ...

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      • Item icon Letter to plaintiff or cross-claimant in relation to provision of security for costs
      • Item icon Skeleton bill of costs
      • Item icon Notice to produce to court
      • Item icon Clause - Notice to produce to plaintiff or cross-claimant on security for costs application
      • Item icon Notice of motion
      • Item icon Clause - Notice of motion for security for costs
      • Item icon Affidavit
      • Item icon Clause - Affidavit in support of notice of motion for security for costs
    • Folder icon Library of less common forms
      • Folder icon Affidavits
        • 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 in support of interpleader by stakeholder
        • Item icon Clause - Affidavit in support of notice of motion for stay of writ of possession
        • Item icon Clause - Affidavit in support of notice of motion or writ of possession of land
        • Item icon Clause - Affidavit of authorised officer authority to commence proceedings
        • Item icon Clause - Affidavit of consent to be joined as a plaintiff
      • Folder icon Notices
        • Item icon Notice of Application for Winding up Order
        • Item icon Notice of intention to file notice of ceasing to act
        • Item icon Notice of ceasing to act
      • Folder icon Notices of motion
        • Item icon Notice of motion
        • Item icon Notice of motion - Default judgment for liquidated claim
        • Item icon Notice of motion - Default judgment for unliquidated damages
        • Item icon Affidavit
        • Item icon Clause - Generative AI disclosure
        • Item icon Clause - Generative AI disclosure with annexure or exhibit
        • Item icon Clause - Notice of motion - Appeal from decision of associate judge
        • Item icon Clause - Notice of motion for transfer of proceedings to another court
        • Item icon Clause - Notice of motion - Rehearing after arbitration
        • Item icon Clause - Notice of motion for interpleader by stakeholder
        • Item icon Clause - Notice of motion for review of registrar's decision
        • Item icon Clause - Notice of motion for stay of writ for possession of land
        • Item icon Clause - Notice of motion for withdrawal
        • Item icon Clause - Notice of motion to set aside order or judgment
        • Item icon Clause - Notice of motion to vary judgment or order
      • Folder icon Summons
        • Item icon Summons
        • Item icon Clause - Summons for interpleader
        • Item icon Clause - Summons for interpleader by stakeholder
        • Item icon Clause - Summons for specific performance
        • Item icon Clause - Summons for transfer of proceedings to a lower court
        • Item icon Clause - Summons seeking orders against stakeholder
        • Item icon Clause - Summons to wind up a trust
      • Folder icon Miscellaneous
        • Item icon Consent judgment or consent order
        • Item icon Clause - Consent orders judgment in favour of one party
        • Item icon Judgment or order
        • Item icon Clause - Judgment in favour of one party
        • Item icon Deed of family arrangement
        • Item icon Clause - Usual order for reference
  • Folder icon H. Costs
    • Item icon Costs
      Costs are in the discretion of the court. But the default position is that costs follow the event: r 42.1. Rule 42.2 provides that, unless otherwise ordered, costs are to be assessed on the ordinary basis, also referred to as party/party costs.

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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 Letter to client finalising the 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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