InBrief

Amendments 46, 47 and 48 to the Uniform Civil Procedure Rules have been published on the NSW Legislation web site and have come into effect.

The object of�amendment�no.48�is to amend the Uniform Civil Procedure Rules 2005 to clarify the circumstances in which a plaintiff is not entitled to payment of his or her costs in proceedings for an order or relief under the Property (Relationships) Act 1984.

The object of amendment no.47 is to amend the Uniform Civil Procedure Rules 2005 to clarify the particulars that are required to be included in an affidavit in support of a default judgment, or an affidavit in support of a writ for possession of land, on a claim for the possession of land arising out of a default in the payment of money.

The objects of amendment no. 46 are as follows: (a) to require the copy of the originating process served on a defendant to include the seal of the court on the first page, the case number and, where a listing date has been allocated, that date, (b) to clarify that it is sufficient for only the first page of a document consisting of more than one page to be sealed by the court for evidentiary purposes.

9 September 2011