New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.30

Property (Relationships) Act 1984

42.30 Property (Relationships) Act 1984

(cf SCR Part 52A, rules 34 and 35)

(1) This rule applies to proceedings in the Supreme Court or the District Court in which the plaintiff commences proceedings for an order or relief under the Property (Relationships) Act 1984 and the court--
(a) adjusts one or more interests in property or makes an order for maintenance where the total value of all adjustments made, or of the order for maintenance, does not exceed the jurisdictional limit of the Local Court sitting in its General Division (as that limit was when the proceedings were commenced), or
(b) declares a right in relation to property concerning which there was a bona fide dispute where the value of the extent of the right that was in dispute did not exceed the jurisdictional limit of the Local Court sitting in its General Division (as that limit was when the proceedings were commenced).
(2) Unless the court orders otherwise, the plaintiff is not entitled to payment of his or her costs of the proceedings.
(3) On the application of any person, the court may order that this rule does not apply in respect of any proceedings, including proceedings yet to be commenced.
(4) If an order is made under subrule (3) in respect of proceedings to be commenced, the originating process by which the proceedings are later commenced must bear a note of the order made.



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