Commencement

1. This Practice Note commences 17 August 2005.

Application

2. This Practice Note applies to the Court of Appeal, the Court of Criminal Appeal, and to the Common Law Division and the Equity Division of the Supreme Court.

Definitions

3. In this, and any other Practice Note, unless the contrary is indicated:

• Act means the Supreme Court Act 1970
• CPA means the Civil Procedure Act 2005
• Former Practice Notes means the Practice Notes issued by the Court prior to 17 August 2005
• SCR means the Supreme Court Rules 1970
• UCPR means the Uniform Civil Procedure Rules 2005
• PN means Practice Note

Introduction

4. The purpose of this Practice Note is to:

• update Former Practice Notes to reflect current procedures in the Supreme Court, and
• update the Practice Notes with references to the CPA and UCPR.

Numbering of Practice Notes

5. All Practice Notes in the Supreme Court will begin with the letters “SC”.

6. Practice Notes that relate specifically to a Court, a Division or a Divisional List will generally be numbered from the numeral 1 with an abbreviation for the Court or Division (i.e. “CA” for the Court of Appeal, “CCA” for the Court of Criminal Appeal, “CL” for the Common Law Division and “Eq” for the Equity Division). As a result, the first Practice Note for the Court of Appeal will be numbered SC CA 1.

7. This Practice Note operates as a Table of Contents, with status information as to the currency and history of all revised Practice Notes.

8. Practice Notes that relate to a general issue of the Court with application across one or more of the Courts or Divisions (e.g. mediation, access to Court files) will be numbered from the numeral 1 with the abbreviation “Gen”. This Practice Note is therefore numbered SC Gen 1.

9. In future, where an amendment is made to a Practice Note, rather than issuing a fresh number to that Practice Note, a new version of the existing Practice Note will be issued.

10. The history of all new Practice Notes will be documented below in the “Related information” section of this Practice Note.

Repeal of Former Practice Notes.

11. Former Practice Notes numbered 1 to 130 are repealed.

General

12. Practice Notes numbered SC CA 1, SC CCA 1, SC CL 1 to SC CL 7, SC Eq 1 to SC Eq 4 and SC Gen 1 to SC Gen 11 replace the Former Practice Notes effective 17 August 2005.

Pending proceedings

13. Subject to paragraph 14, a Practice Note applies to proceedings commenced before the commencement of the Practice Note in the same way as they apply to proceedings commenced after the commencement of the Practice Note.

14. A court before which proceedings have been commenced before the commencement of a Practice Note may make such orders dispensing with the requirements of the Practice Note in relation to the proceedings, and such consequential orders (including orders as to costs), as are appropriate in the circumstances.

Transitional arrangements

15. Subject to the Act, the SCR, the CPA, and the UCPR, anything done under a provision of the Former Practice Notes for which there is a corresponding provision in a current Practice Note is taken to have been done under the corresponding provision of the current Practice Note.

J J Spigelman

Chief Justice of New South Wales

17 August 2005

Related information

The following Practice Notes apply from 15 August 2005:

PN#

Title

Date

Commenced

Date Repealed or replaced (if applicable)

Comments

SC CA 1 Court of Appeal - General 17 Aug 2005 Repeals Former PNs 22, 42, 65, 74 & 77

SC CCA 1 Court of Criminal Appeal - General 17 Aug 2005 Repeals Former PN 123

SC CL 1 Common Law Division – General 17 Aug 2005

SC CL 2 Common Law Division - Criminal List 17 Aug 2005 Repeals Former PNs 57, 98 & 112

SC CL 3 Common Law Division – Administrative Law List 17 Aug 2005 Repeals Former PN 119

SC CL 4 Common Law Division – Defamation List 17 Aug 2005 Repeals Former PNs 85 & 114

SC CL 5 Common Law Division – General Case Management List 17 Aug 2005 Repeals Former PNs 120, 70 & 128

SC CL 6 Common Law Division – Possession List 17 Aug 2005 Repeals Former PN 106

SC CL 7 Common Law Division – Professional Negligence List 17 Aug 2005 Repeals Former PN 104

SC Eq 1 Equity Division –Case Management 17 Aug 2005

SC Eq 2 Equity Division – Admiralty List 17 Aug 2005 Repeals Former PN 84

SC Eq 3 Equity Division – Commercial List and Technology and Construction List 17 Aug 2005 Repeals Former PN 100

SC Eq 4 Equity Division – Corporation List 17 Aug 2005 Repeals Former PNs 117, 111 & 126

SC Gen 1 Supreme Court – Application of Practice Notes 17 Aug 2005

SC Gen 2 Supreme Court – Access to Court files 17 Aug 2005 replaced 1 Mar 2006 Repeals Former PN 97; SC Gen 2 was amended on 1 Mar 2006

SC Gen 3 Supreme Court - Photocopy access to documents produced under subpoena or admitted as exhibits 17 Aug 2005 Repeals Former PN 107

SC Gen 4 Supreme Court - Affidavits 17 Aug 2005

SC Gen 5 Supreme Court - Costs orders against practitioners 17 Aug 2005 Repeals Former PN 108

SC Gen 6 Supreme Court – Mediation 17 Aug 2005 Repeals Former PN 125

SC Gen 7 Supreme Court - Use of technology 17 Aug 2005 Repeals Former PN 127

SC Gen 8 Supreme Court - Admission and enrolment under Mutual Recognition Act 17 Aug 2005 Repeals Former PN 82

SC Gen 9 Supreme Court - Appointment of examiners outside of NSW: procedures for practitioners 17 Aug 2005

SC Gen 10 Supreme Court – Single Expert Witnesses 17 Aug 2005

SC Gen 11 Supreme Court – Joint Conferences of Expert Witnesses 17 Aug 2005 Repeals Former PN 121

SC Gen 12 Supreme Court - ecmCourt Protocol 22 Mar 2006

SC Gen 13 Supreme Court – Search Orders (also known as ‘Anton Piller Orders’) 14 Jun 2006

SC Gen 14 Supreme Court – Freezing Orders (also known as 'Mareva orders'or 'asset preservation orders’) 14 Jun 2006