InBrief

Practice and procedure

On 1 April 2019, the Uniform Rules Committee approved Amendments No 89 and 90 to the Uniform Civil Procedure Rules and an amendment to form 5.

Amendment No 89: The amendment is to rules 6.8, 36.8 and 39.3, and creates rule 36.8A.
These rules relate to the provision of notice to occupiers in possession of land proceedings. The amendment provides for notification to occupiers when interstate judgments for possession of land are registered in New South Wales. Please note that the amendment commenced and was published on the NSW Legislation Website on 5 April 2019.
Attached here is a copy of amendment number 89.

UCPR Form 5: On 1 April 2019, the Uniform Rules Committee approved an amendment to UCPR form 5 – Notice to Occupiers.

An amendment was made to enable notice to be served on occupiers when interstate judgments for possession of land are registered in New South Wales in accordance with the newly created rule 36.8A. Version 3 of form 5 has been published at www.ucprforms.justice.nsw.gov.au. Attached here is a copy of the form.

Amendment No 90: The amendment is to rules 49.19 and 49.20.
These rules deal with applications to review directions, certificates, orders, decisions and other acts of a registrar. The amendment provides that decisions of the registrar of the court under clause 11 (1) of the Civil Procedure Regulation 2017 are not reviewable by a court under Division 4 of Part 49 of the Rules. Furthermore, the contents of rules 49.19 and 49.20 have been rearranged to make it easier to locate the limitations to the review power. Please note that the amendment commenced and was published on the NSW Legislation Website on 5 April 2019.
Attached here is a copy of amendment number 90.