New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 -

DICTIONARY

(Rule 1.2)

Note : The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of these Rules.


"active party" , in relation to any proceedings, means a party who has an address for service in the proceedings, other than:

(a) a party against whom judgment has been entered in the proceedings, or
(b) a party in respect of whom the proceedings have been dismissed, withdrawn or discontinued,
being, in either case, a party against whom no further claim in the proceedings subsists.

"approved form" , in relation to a document, means the form approved under section 17 of the Civil Procedure Act 2005 for the purposes of that document.

"authorised DX system" means the document exchange operated by Toll Transport Pty Ltd (ACN 006 604 191) trading as DX Mail.

"business name" means a name, style, title or designation under which a business is conducted (not being the name or names of the persons by whom the business is conducted), and includes such a name, style, title or designation whether or not it is registered under the Business Names Act 2002 or under Part 3 of the Partnership Act 1892 .

"contact solicitor" means the solicitor with day-to-day conduct of a matter.

"costs assessor's certificate" means a certificate issued under Part 7 of the Legal Profession Uniform Law Application Act 2014 .

"defamation defence" means:
(a) any defence to the publication of defamatory matter under the Defamation Act 1974 or the Defamation Act 2005 , or
(b) any other defence or exclusion of liability available to a defendant apart from those Acts for the publication of defamatory matter (whether at common law or under any other legislation).

"default judgment" means judgment given under Part 16.

"document" includes any part of a document and any copy of a document or part of a document.

"DX address" , in relation to a person having a DX box in an authorised DX system, means the address of the DX box.

"DX box" means an exchange box in an authorised DX system.

"Hague Convention" --see rule 11A.1.

"imputation in question" , in relation to any defamation defence, means the imputation to which the defence is pleaded.

"interest up to judgment" means interest under:
(a) section 100 of the Civil Procedure Act 2005 , or
(b) section 73 of the Motor Accidents Act 1988 , or
(c) section 137 of the Motor Accidents Compensation Act 1999 , or
(d) section 151M of the Workers Compensation Act 1987 .

"liquidated claim" includes a claim for interest up to judgment.

"liquidator" includes a provisional liquidator.

"mediation session" means a meeting arranged for the mediation of a matter, and includes any steps taken in the course of making arrangements for the session or in the course of the follow-up of a session.

"officer of the court" does not include a barrister, solicitor or liquidator.
Note : See rule 1.3 for the definitions of
"barrister" and
"solicitor" .

"opposite party" means defendant (in relation to a plaintiff) and plaintiff (in relation to a defendant).

"order for examination" means an order for examination under section 108 of the Civil Procedure Act 2005 .

"pleading" includes a statement of claim, defence, reply and any subsequent pleading for which leave is given under Part 14, but does not include a summons or notice of motion.

"principal officer" , in relation to a corporation, means:
(a) the chairman or president (however described) of the governing body of the corporation, or
(b) the general manager, chief executive officer or other person (however described) having general management of the affairs of the corporation, or
(c) the secretary, treasurer or other person (however described) having the general function of accepting correspondence on behalf of the corporation.

"privileged document" means a document that contains privileged information.

"privileged information" means any of the following information:
(a) information of which evidence could not, by virtue of the operation of Division 1 of Part 3.10 of the Evidence Act 1995 , be adduced in the proceedings over the objection of any person,
(b) information that discloses a protected confidence, the contents of a document recording a protected confidence or protected identity information (within the meaning of section 126B of the Evidence Act 1995 ) where:
(i) consent by the protected confider (within the meaning of section 126C of that Act) has not been given to disclosure of the confidence, contents or information, and
(ii) section 126D of that Act would not operate to stop Division 1A of Part 3.10 of that Act from preventing the adducing of evidence in respect of the confidence, contents or information,
(c) information of which evidence could not be adduced in the proceedings by virtue of the operation of section 126H of the Evidence Act 1995 ,
(d) information that tends to prove that a party by whom a document is required to be made available, or by whom an interrogatory is to be answered, under section 128 of the Evidence Act 1995 or section 87 of the Civil Procedure Act 2005 :
(i) has committed an offence against or arising under an Australian law or a law of a foreign country, or
(ii) is liable to pay a civil penalty,
(e) information the admission or use of which in a proceeding would be contrary to section 129 of the Evidence Act 1995 ,
(f) information that relates to matters of state within the meaning of section 130 of the Evidence Act 1995 ,
(g) information to which section 131 of the Evidence Act 1995 applies,
(h) information:
(i) the disclosure of the contents of which, or
(ii) the production of which, or
(iii) the admission or use of which,
in the proceedings would be contrary to any Act (other than the Evidence Act 1995 ) or any Commonwealth Act (other than the Evidence Act 1995 of the Commonwealth),
but does not include information that the court declares not to be privileged information for the purposes of those proceedings.

"proceeds of enforcement" of a writ for the levy of property means the proceeds derived from the enforcement of the writ under Division 2 of Part 8 of the Civil Procedure Act 2005 .

"professional negligence" means the breach of a duty of care or of a contractual obligation in the performance of professional work or in the provision of professional services by a medical practitioner, an allied health professional (for example, dentist, chemist, physiotherapist), a hospital, a solicitor or a barrister.

"professional negligence claim" means a claim for damages, indemnity or contribution based on an assertion of professional negligence.

"registered business name" means a business name that is registered under the Business Names Act 2002 or under Part 3 of the Partnership Act 1892 .

"registry" means the registry of the relevant court.

"relief" includes remedy.

"senior officer" , in relation to a corporation, includes the principal officer of the corporation and any other person who (whether alone or with others) has powers of management, direction or control of the corporation.

"solicitor on the record" , in relation to any party to proceedings, means the solicitor who is for the time being named as the party's legal representative in the documentation for the proceedings.

"tutor" , in relation to a person under legal incapacity, means a tutor appointed to represent the person (whether by the court or otherwise) in accordance with Division 4 of Part 7.

"Uninsured Liability and Indemnity Scheme" means the scheme constituted under Division 6 of Part 4 of the Workers Compensation Act 1987 .

"unregistered business name" means a business name that is not registered under the Business Names Act 2002 or Part 3 of the Partnership Act 1892 .

"unrestricted practising certificate" means an Australian practising certificate that is not subject to any condition under the law of any State or Territory requiring the holder to engage in supervised legal practice or restricting the holder to practise as or in the manner of a barrister.

"witness statement" means a statement referred to in rule 31.4.

Note : The following words and expressions are defined in the Civil Procedure Act 2005 , either for the purposes of that Act generally or for the purposes of particular portions of that Act, and consequently have the same meanings in these rules:

chargee (Part 8)
charging order (Part 8)
civil proceedings
claim for relief
costs
court
criminal proceedings
cross-claim
defendant
exercise
financial institution (Part 8)
function
garnishee (Part 8)
garnishee order (Part 8)
goods (Part 8)
hearing
instalment order (Part 8)
judgment
judgment creditor
judgment debt
judgment debtor
judicial officer
jurisdictional limit
local rules
minor
motor accident claim
officer
order for examination (Part 8)
ordinary basis
originating process
person under legal incapacity
plaintiff
possession
trial
tutor
uniform rules
Uniform Rules Committee
wage or salary (Part 8)
workplace injury damages claim
writ for the levy of property (Part 8)
writ of delivery (Part 8)
writ of execution (Part 8)
writ of possession (Part 8)


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