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 19-09-05 

Same Rules for different Courts

Over the years, there have been a number of attempts to produce common Civil Procedure rules for the three levels of NSW Courts (Supreme Court, District Court, Local Court). Civil Procedure rules are the rules under which civil litigation is commenced and carried on. Rule uniformity has now been introduced via the Civil Procedure Act 2005, NSW which contains provisions with respect to preparation to trial, conduct of Court proceedings, judgments and orders, enforcement of judgment and orders, transfers of proceedings between Courts, administrative matters.

This is a sensible approach. Previously, although the law applied in each Court was the same, each Court had slightly different processes, and irritatingly, used different Court forms. The reform should be a good thing for the litigation system.

david.palmer@cmlawyers.com.au


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