InBrief

Practice and procedure

On 7 May 2018, the Uniform Rules Committee approved Amendment No 85 and 86 to the Uniform Civil Procedure Rules. The amendments commenced and were published on the NSW Legislation website on 11 May 2018.

Amendment No 85

The amendment is to rule 36.1A. This rule relates to the entry of orders that are made by consent of the parties to a proceeding. The amendment makes it clear that the entry of orders by consent may only be done if all relevant parties are on notice.

Amendment No 86

The amendment is to rules 35.3 and 39.35. Rule 35.3 relates to those who may make an affidavit. The amendment enables an affidavit to be filed in proceedings conducted pursuant to terms of a contract of insurance.

Rule 39.35 sets out the details that an affidavit in support of a garnishee order must contain. The amendment requires a deponent to the affidavit in support of garnishee order to establish a reasonable basis for alleging that the garnishee holds an account.

UCPR Form 69

The Uniform Rules Committee has also approved an amendment to UCPR form 69 to require a deponent to include the grounds in support of their belief that the garnishee holds an account.

Version 7 of form 69 has been published here.