New South Wales Consolidated Regulations

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Proceedings in supervisory jurisdiction

51.45 Proceedings in supervisory jurisdiction

(1) Proceedings for relief of the kind referred to in section 65 or 69 of the Supreme Court Act 1970 and assigned to the Court under section 48 of that Act are to be commenced by summons.
(1A) Part 59 (other than rule 59.8) applies to any such proceedings, but is subject to this rule.
(2) The party commencing any such proceedings is referred to as the applicant and the party against whom any such proceedings are brought is referred to as the respondent.
(3) The summons must, on filing, be accompanied by 4 copies of a folder containing the following--
(a) a copy of the summons,
(b) a statement of any orders or decision in respect of which relief is sought,
(c) the reasons for the decision (if any),
(d) the written submissions of the applicant,
(e) any other documents that the applicant is seeking to rely on.
(4) The folder must also comply with the requirements set out in rule 51.12(5).
(5) The applicant must, on the filing of the summons, file and serve written submissions which must--
(a) be divided into paragraphs numbered consecutively, and
(b) contain an outline of the procedural history of the matter, and
(c) briefly set out, by reference to the grounds contained in the summons, the applicant's contentions in support of the relief claimed, and
(d) be signed by the barrister or solicitor who prepares the submissions or, where the party is not represented by a barrister or solicitor, by the party, and
(e) have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (d)--
(i) the name of the signatory,
(ii) a telephone number at which the signatory can be contacted,
(iii) if available, the signatory's facsimile number,
(iv) if available, the signatory's email address, and
(f) not exceed 20 pages, and
(g) refer to any matters in the White Folder by page number.
(6) A respondent seeking to resist the relief claimed by the applicant must, within 28 days of service of the applicant's written submissions, file and serve written submissions in support of the respondent's response which must--
(a) not exceed 20 pages, and
(b) comply with the requirements set out in subrule (5)(d) and (e).
(6A) The applicant may file and serve a reply not exceeding 5 pages within 14 days after receipt of the respondent's response.
(7) A summons is to be made returnable before the Registrar for directions.
(8) Any party seeking interlocutory relief is, as far as practicable, to file and serve a notice of motion, with supporting affidavit, specifying the nature of the relief sought before the first return date on the summons.

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