New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 18.3

Contents of notice of motion

18.3 Contents of notice of motion

(cf SCR Part 19, rule 2(4) and (5); DCR Part 16, rule 2(3) and (4); LCR Part 15, rule 2(3) and (3A))
(1) A notice of motion for an order--
(a) must identify the person by whom the order is sought--
(i) if the person is already a party to the proceedings, as that party (for example, as first plaintiff or second defendant), or
(ii) if the person is not yet a party to the proceedings, as the applicant, and
(b) must identify each person affected by the order--
(i) if that person is already a party to the proceedings, as that party (for example, as second plaintiff or first defendant), or
(ii) if that person is not yet a party to the proceedings, as the respondent, and
(c) if the person by whom the order is sought is not already an active party, must state an address for service for that person, and
(d) unless the motion is to be moved in the absence of the public, must state the date and time when, and the place where, the motion is to be moved, and
(e) if the court makes an order as to the time by which the notice is to be served, must bear a note of the order made, and
(f) must state concisely the nature of the proposed order.
(1A) In the case of proceedings in Class 1, 2, 3 or 4 of the Land and Environment Court's jurisdiction, a notice of motion must identify a person who is not yet a party to the proceedings by name alone, and not as the applicant or respondent as required by subrule (1)(a)(ii) or (b)(ii).
(2) Costs need not be specifically claimed in the notice of motion.
(3) If a notice of motion is of a kind that, under any Act, any rules of court or any practice of the court, is dealt with in the absence of the public, the notice of motion must contain a statement to the effect that the motion is to be so dealt with.
(4) If it becomes necessary for an application under subrule (3) to be dealt with in court, the registrar is to refer it to the court and give notice to the parties that the application has been so referred.



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