InBrief

On 3 December 2018, the Uniform Rules Committee approved Amendments No 87 and 88 to the Uniform Civil Procedure Rules.

Amendment No 87:

The amendment is to rule 39.39A.

This rule sets out when a garnishee is not obligated to pay an amount to judgment creditor. The amendment increases the minimum amount in credit to a judgment debtor before a garnishee order may operate to incorporate the minimum account balance specified by section 118A of the Civil Procedure Act 2005. Please note that the amendment commenced and was published on the NSW Legislation Website on 7 December 2018. Attached here is a copy of amendment number 87.

Amendment No 88:

The amendment creates rule 7.4.

The rule makes provision for an unincorporated organisation to appoint an entity to act as the proper defendant in proceedings for a civil claim arising from abuse against a child.
Please note that the amendment was published on the NSW Legislation Website on 7 December 2018 however has not yet commenced. The rule will commence on the day on which Division 4 or Part 1B of the Civil Liability Act 2002, as inserted by Schedule 1 [4] to the Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018 commences. Please advise by return email if you would like for me to notify you of the commencement date when it is available.
Attached here is a copy of amendment number 88.

UCPR form 162

The Uniform Rules Committee has approved the creation of UCPR form 162 to provide an approved form for consent to be provided by a proper defendant acting for an unincorporated organisation. Version 1 of form 162 will be published today at www.ucprforms.justice.nsw.gov.au. Attached here is a copy of the form.