New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.35

6.35 Originating process

(2) The originating process--

(a) in the case of proceedings to which the Supreme Court (Corporations) Rules 1999 apply, must be in the form of the originating process prescribed by rule 2.2 of those rules, and

(b) in any other case, must be in the form of a summons.

(3) The referred matter--

(a) must be in the form of a special case, and

(b) must be filed with the originating process.

(4) The originating process must join as defendants (or as respondents where the proceedings are in the Court of Appeal)--

(a) if the referred matter has arisen in original proceedings, all of the parties to the original proceedings, or

(b) in any other case, all of the persons who may be directly affected by the Supreme Court's determination of the referred matter.

(5) In the case of proceedings under section 123 of the Real Property Act 1900 , the originating process must also join the Registrar-General as a defendant.

(6) The Supreme Court may order that such other persons as it considers appropriate be joined as defendants (or as respondents where the proceedings are in the Court of Appeal).