New South Wales Consolidated Regulations

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Originating process for recovery of land to be served on occupier

6.8 Originating process for recovery of land to be served on occupier

(cf SCR Part 7, rule 8)

(1) If, when proceedings for possession of land are commenced, a person (the
"occupier" ) not joined as a defendant is in occupation of the whole or any part of the land, the plaintiff--
(a) must state in the originating process that the plaintiff does not seek to disturb the occupier's occupation of the land, or
(b) must serve the originating process on the occupier together with a notice to the effect that--
(i) the occupier may apply to the court for an order that the occupier be added as a defendant, and
(ii) if the occupier does not so apply within 10 days after service, the occupier may be evicted under a judgment entered in the occupier's absence.
(2) For the purposes of subrule (1), documents may be served on the occupier personally or by leaving the documents on the land concerned addressed to the occupier by name or addressed simply "to the occupier".
(3) If originating process is amended by the addition of a claim for possession of land, the time at which proceedings for possession of that land are commenced is taken, for the purposes of subrule (1), to be the time at which the amendment is made.
(4) This rule does not apply to the registration of a judgment for possession of land given by a court of the Commonwealth or another State or Territory.

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