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​2015 Announcements​

​De​cember

At its final meeting for 2015, the Uniform Rules Committee approved minor updates to the content of several approved forms to remove references to outdated and broken URLs. 

The table below details the precise nature of the changes.

Approved form number Details of change​​
UCPR form 3A -  Statement of Claim - filing party legally represented
UCPR form 3B - Statement of Claim - filing party acting in person or by authorised officer
  • On page 1 under "Type of Claim", delete old URL http://www.lawlink.nsw.gov.au/lawlink/spu/ll_ucpr.nsf/pages/ucpr_form_info - 3; instead, insert the words "www.ucprforms.justice.nsw.gov.au by clicking on the link to Publications" before the words "or at any court registry"
  • On page 3 under "How to respond", in Dot Point 3 replace old URL www.lawlink.nsw.gov.au/ucpr  with: www.ucprforms.justice.nsw.gov.au
UCPR form 4A - Summons - filing party legally represented
  • On page 1 under "Type of Claim", delete old URL http://www.lawlink.nsw.gov.au/lawlink/spu/ll_ucpr.nsf/pages/ucpr_form_info - 3 and replace  with: www.ucprforms.justice.nsw.gov.au
  • On page 3 under "How to respond", under Dot Point 3 replace URL www.lawlink.nsw.gov.au/ucpr  with: www.ucprforms.justice.nsw.gov.au
UCPR form 4B - Summons - filing party acting in person or by authorised officer
  • On page 1 under "Type of Claim", delete old URL http://www.lawlink.nsw.gov.au/lawlink/spu/ll_ucpr.nsf/pages/ucpr_form_info - 3; instead, insert: "www.ucprforms.justice.nsw.gov.au by clicking on the link to Publications" before the words "or at any court registry"
  • On page 3 under "How to respond", in Dot Point 3 replace URL www.lawlink.nsw.gov.au/ucpr  with: www.ucprforms.justice.nsw.gov.au
UCPR form 9 - Statement of Cross-claim
  • On page 3 under "How to respond", beneath Dot Point 3 replace URL www.lawlink.nsw.gov.au/ucpr  with: www.ucprforms.justice.nsw.gov.au
UCPR form 10  - Cross-summons
UCPR form 70 - Garnishee order for debts
  • On page 3 under "Important information for garnishee" , "What if there is no debt accruing", replace URL www.lawlink.nsw.gov.au/ucpr  with: www.ucprforms.justice.nsw.gov.au
UCPR form 71 - Garnishee order for wages or salary
  • On page 3 under "Important information for the garnishee", "What if there is no salary or wage payable", replace URL www.lawlink.nsw.gov.au/ucpr  with: www.ucprforms.justice.nsw.gov.au

UCPR form 84 - Summons commencing an appeal (Part 50) / Summons seeking leave to appeal (Part 50)

  • On page 1, to be consistent with other forms, suggest the heading "Type of Claim" be replaced with "Type of Appeal"; then, delete old URL www.lawlink.nsw.gov.au/ucpr and replace  with: www.ucprforms.justice.nsw.gov.au
  • For consistency with other forms, suggest that on page 3 under "How to respond",  beneath Dot Point 3 add text: Court forms are available on the UCPR website at www.ucprforms.justice.nsw.gov.au or at any NSW court registry.
UCPR form 85 - Summons (Judicial Review)
UCPR form 105 - Notice of appeal (Court of Appeal)
  • Under "Type of Appeal" delete old URL www.lawlink.nsw.gov.au/ucpr and replace  with: www.ucprforms.justice.nsw.gov.au
  • For consistency with other forms, suggest that on page 3 under "How to respond",  beneath Dot Point 3 add text: "Court forms are available on the UCPR website at www.ucprforms.justice.nsw.gov.au or at any NSW court registry."
UCPR form 107 v1 - Summons (Supervisory Jurisdiction)

 

Augus​t

The Uniform Rules Committee has approved amendments to Form 105 - Notice of Appeal (now version 6), and Form 119 - Affidavit of Applicant for Administration (now version 4).

The amendments to Form 105 are:

  • The inclusion of a certificate that the appeal is not restricted by a statutory provision in relation to the amount or value. This certificate is required by rule 51.22
  • The inclusion in the "Orders Sought" of optional orders for an extension of time and for restitution.
  • The inclusion of a note in relation to the service of  the notice of appeal on the respondents and the Court below.
The amendments to Form 119 are to correct references in the instructions in paragraphs 5, 13 and 14.​

Jul​y​

  1. The Uniform Rules Committee has approved an amendment to the following forms: 75, 118, 119, 120, 121, 122, 125, 126, 127, 129, 131, 132, 133, 134, 148. These forms are either affidavits or forms that include an affidavit. The amendment to these forms is the same amendment that was made to form 40 in June 2015, namely to the footnote appearing on page 2 of the form which removes a reference to a ruling of the Attorney General that has now been incorporated into a new Justice of the Peace Handbook. 
  2. The Uniform Rules Committee has approved an amendment to the following forms: 3A, 4A, 7A, 9, 10, 84, 85,104,105 and 107. These forms include a certificate by the legal representative for the party that the claim or defence has reasonable prospects of success. These amendments follow the repeal of the Legal Profession Act 2004, which has been replaced by the Legal Profession Uniform Law (NSW). The amendments replace references in the forms to section 347 of the Legal Profession Act 2004 with a reference to Clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014.
  3. The Uniform Rules Committee has approved an amendment to the following forms: form 65 Notice of motion - writ for the levy of property; form 69 - Notice of motion - garnishee order and form 73 - Notice of motion - charging order. The amendment to these 3 forms replaces the references to sections 377(1) and 386(1) of the Legal Profession Act 2004 with the equivalent provisions under the Legal Profession Uniform Law Application Act 2014​, which are Sections 86 and 90. 
  4. Form 40 has been updated to correct an unintended error (in the first footnote on the last page - the omission of the words "(at April 2012)")​

Ju​​ne

The Uniform Rules Committee has approved an amendment to Form 40, which now becomes version 4 of this form. The amendment is to the footnote appearing on page 2 of the form which removes a reference to a ruling of the Attorney General that has now been incorporated into a new Justice of the Peace Handbook. 

M​​​​​arch

The Uniform Rules Committee has approved a new Form 133 "Affidavit of consent to distribution of a gift" to replace the form "Consent to distribution of gift". The new form retains the same form number as the superseded form and becomes version 4 of form 133. The new form serves the same purpose as the superseded one and has been introduced following further feedback to improve its usability.