New South Wales Consolidated Regulations New South Wales Consolidated RegulationsNote--: 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(b) a party in respect of whom the proceedings have been dismissed, withdrawn or discontinued,being, in either case, a party against whom no further claim in the proceedings subsists.
(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).
(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 .
Note--: See rule 1.3 for the definitions of
"barrister" and
"solicitor" .
(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.
(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--but does not include information that the court declares not to be privileged information for the purposes of those proceedings.(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),
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)
hearinginstalment 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 processperson 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)