Amendment to the Uniform Civil Procedure Rules

09/10/2024

Practice and procedure

On 1 October 2024, the Uniform Rules Committee approved Amendment No 103 to the Uniform Civil Procedure Rules and an amendment to forms 25, 26A and 27A.

Amendment No 103

The following rules have been amended:

• Rule 33.1 – Definitions;
• Rule 33.6 – Compliance with subpoena.

The amendment to the rules regulates the use of electronic and digital payment systems for tendering conduct money and ensuring compliance. This is done by:

• providing examples of items equivalent to a sum of money in the definition of conduct money in rule 33.1; and
• amending the compliance requirements in rule 33.6 to include a mechanism for offering to pay conduct money electronically and for making orders if conduct money has not been paid before an addressee gives evidence.

The amendment was published on the NSW Legislation Website on 4 October 2024 and commenced that same day.

Amendment to UCPR Forms 25, 26A and 27A

The following forms have been amended to update the notation page to clarify how conduct money may be provided:

• Form 25 (version 3) – Subpoena to attend to give evidence
• Form 26A (version 5) – Subpoena to produce with subpoena notice and declaration
• Form 27A (version 4) – Subpoena to give evidence and produce with subpoena notice and declaration

Each form is available online at: https://ucprforms.nsw.gov.au

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