#6107 - Revision Basic Structure - Civil Procedure

Pre-commencement Consideration: Preliminary Discovery: Uniform Civil Procedure Rules (NSW) 2005 * Identity discovery: discovery to ascertain prospective defendant's identity or whereabout: r 5.2 * Information discovery: discovery document from prospective defendant: r 5.3 * Discovery documents from a third party to the proceeding: r 5.4 Consider: Privilege: r 5.7 Cost: r 5.8, --> including security for cost: r 5.6 Limitation Period: Limitation Act 1969 * Contract: 6 years: s 4(1)(a) * Tort: 6 years: s 4(1)(b) * Defamation: 1 year s 14B * Personal Injury: s 50C * 3 years post discoverability limitation period * 12 year long-stop limitation period Consider: Minor: run from when the minor grows up to 25: s 50E Disability: limitation period may suspend: s 50F Preservation Orders: * Prerequisite: Interim preservation order may be made at any stage of proceedings: r 25.9 * Freezing Order (Mareva Injunctions) * For the purpose of preventing the frustration or abuse of the court's process: r 25.11 * The respondent need not be a party to the proceedings: r 25.13 * Court may make order for costs incurred by the freezing order: r 25.17 * Search Order (Anton Piller Orders) * For the purpose of securing or preserving evidence: r 25.19 * Requirements for search order: r 25.20 * Independent solicitor must be appointed to supervise the execution of the search order: r 25.23 * Court may make order for costs: r 25.24 Jurisdiction * Local Court: maximum: $100,000; exceptions: personal injury $ 60,000 -->s 29 LCA 2007 * District Court: maximum: $750,000; unlimited in some areas --> s 44 DCA 1973 * Supreme Court: * All jurisdiction which may necessary for the administration of justice in NSW. s 23 SCA 1970 Commencing an Action: Uniform Civil Procedure Rules (NSW) 2005 How proceeding begins: r 6.2 * Statement of Claim or Summon * Originating process must be served on each defendant * Limitation Period: SC & LC: 6 months DC: 1 month Service Generally * Documents must be served on each other active party as soon as practicable: r 10.1 * Various service method: r 10.5 * The acceptance of the solicitor is effective in law: r 10.13 * Substituted service: r 10.14 * Service must be clearly evidenced by affidavit: r 35.8 Service on Originating Process * Originating process must be personally served: r 10.20 * When personal service effective: r 10.21 1