The Uniform Rules Committee is pleased to announce upcoming changes to the Rules governing Electronic Case Management in the Supreme, District and Local Courts.
While Electronic Case Management has been provided for under the existing Part 3 for some years now, in 2013, the range of documents available for filing online in the Supreme, District and Local Courts expanded significantly, along with the methods by which parties can submit documents for electronic filing. The Committee felt it appropriate to review and refresh the Rules to reflect the online services which are available in these jurisdictions.
The amendments to Part 3 are yet to commence, but this exposure draft reflects the content approved by the Uniform Rules Committee on 29 November 2013.
Some of the new Rule provisions that might be of particular interest to the legal profession are:
The expected date of commencement for these Rules is 10 February 2014.
The Uniform Rules Committee has approved two new forms: Form 85, Summons (Judicial Review), and Form 107, Summons (Supervisory Jurisdiction).
Form 85 should be used (rather than form 4A or 4B) if the plaintiff is filing a summons under Part 59 of the Uniform Civil Procedure Rules (which relates to proceedings for judicial review in the Supreme Court or the Land & Environment Court). This new form makes provision for the information that must be included for these type of proceedings under rule 59.4.
Form 107 is to be used for proceedings in the Court of Appeal under rule 51.45 (Supervisory Jurisdiction).
The Uniform Rules Committee has approved an amendment to Form 70, Garnishee Order for Debts (now version 5). The amendment inserts an additional paragraph on the last page of the document under "Important Information for Garnishee". This additional information has been included following the commencement of a new rule 39.39A which provides a limitation on garnishee orders for debts in relation to accounts in financial institutions where the amount in the account is less than $20.
The Uniform Rules Committee has approved an amendment to Form 75, Notice to Sheriff of Disputed Property. This form is now called Notice to Sheriff of Disputed Property and Affidavit Verifying, and is the 3rd version of this form. The amendment to this form is consequent to an amendment to UCPR rule 43.6(1) which has extended the time for the judgment creditor to advise the Sheriff whether a claim in relation to seized property will be disputed from 4 to 7 days. The form has also been amended to include additional information regarding the claim to assist the judgment creditor in assessing it, and includes an affidavit verifying the information in the claim.
The Uniform Rules Committee has approved an amendment to Form 126, Affidavit that deceased was not in a de facto relationship (now version 3). The amendment corrects a typographical error in relation to the name of the Interpretation Act 1987.
The Uniform Rules Committee has approved a new Form 160, Indemnity Certificate under Suitors Fund Act. This form can be used in cases where the Court has ordered that a party should be granted a certificate under the Suitors Fund Act.
The Uniform Rules Committee has also approved amendments to 3 existing forms:
Form 125 - Consent to Administration (version 3)
Form 133 - Consent to Distribution of Gift (version 3)
Form 134 - Consent of Affected Person (version 3)
The object of the amendments to these forms is to improve the usability of the forms and to make it clearer as to who should sign these forms and where.