New South Wales Consolidated Acts

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Rules in application proceedings

86 Rules in application proceedings

(1) The rules may make provision for or with respect to the following matters relating to application proceedings--
(a) the practice and procedure in the court and in proceedings before a Registrar,
(b) the recording of evidence, including the manner in which the evidence may be recorded and the authentication of evidence or of transcripts of evidence given in proceedings,
(c) the filing and service (including substituted service) of notices under this Act,
(d) additional requirements for the form of warrants,
(e) the functions of Registrars,
(f) the hearing of proceedings, including the procedure to be followed and the orders to be made, when a party fails to attend,
(g) empowering the court to dispense with rules of evidence for proving any matter that is not genuinely in dispute in any proceedings and to dispense with rules of evidence that might cause expense or delay in proceedings if those rules were applied in specified circumstances,
(h) prescribing matters relating to expert evidence, including the disclosure, by providing copies of reports or otherwise, of the nature of expert evidence to be given, and including the exclusion of expert evidence in the case of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence,
(i) providing for any matter relating to the costs of proceedings.
(2) Without limiting subsection (1), the rules made for the purposes of this Act may adopt, with or without modification, the provisions of any rules made under the Civil Procedure Act 2005 .
(3) This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ).

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