New South Wales Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]



1.8 Interpretation

(1) In these rules, unless the context or subject matter otherwise indicates or requires--

"ASIC" means the entity known as the Australian Securities Commission prior to 1 July 1998, and subsequently known as the Australian Securities and Investments Commission.

"assess" , when used in relation to costs assessed otherwise than by the Court, means assess in accordance with Part 11 of the Legal Profession Act 1987 .

"associate Judge" includes an acting associate Judge.

"barrister" has the same meaning as it has in the Legal Profession Act 1987 .

"Companies Code" means the Companies (New South Wales) Code .

"convention" means a convention made between Her Majesty or any of her predecessors and the king or other head of state of a foreign country regarding legal proceedings in civil and commercial matters.

"convention country" means a foreign country to which a convention applies.

"corporation" includes any artificial person.

"costs determination" means a determination made under section 180 of the Legal Profession Act 1987 as in force from time to time prior to 1 July 1994.

"cross-claim" means a claim for relief under section 78 of the Act.

"curator" means--
(a) in respect of a person--
(i) the management of whose estate is, by the Protected Estates Act 1983 or by any order of the Court or the Guardianship Tribunal under that Act or under the Guardianship Act 1987 , committed to the Protective Commissioner,
(ii) of whose estate the Protective Commissioner has, in accordance with section 63 of the Protected Estates Act 1983 , undertaken the management, or
(iii) in relation to whose property the Protective Commissioner is authorised as mentioned in section 66 (1) (a) of that Act,
the Protective Commissioner,
(b) in respect of a person of whose estate a manager has been appointed by order of the Court or the Guardianship Tribunal under section 22 of the Protected Estates Act 1983 or section 25M of the Guardianship Act 1987 --the manager appointed.

"disable person" means a minor or an incompetent person.

"document" means any record of information, and includes--
(a) anything on which there is writing,
(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them,
(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else, or
(d) a map, plan, drawing or photograph.
cf Act No 15 of 1987, s 21 (1).

"expert" means a person who has specialised knowledge based on the person's training, study or experience.

"fax" means send a copy by facsimile transmission.

"folio" means 100 words, five figures being counted as one word.
cf Cost Rules, r 2. Rules of the Supreme Court (Revised) 1965 (Eng), O 1, r 4 (1).

"Foreign Evidence Act" means the Foreign Evidence Act 1994 of the Commonwealth.

"funds" includes money, debentures, stock, shares and other securities and investments.

"incompetent person" means--
(a) a person who is not a minor and who is--
(i) incapable of managing his or her affairs, or
(ii) incommunicate, or
(b) a minor who has a curator.

"Law Courts Building" means the building in which the Sydney registry of the Court is located.

"Mutual Recognition Act" means the Mutual Recognition Act 1992 of the Commonwealth.

"notice" means notice in writing.
cf RSC (Rev) 1965, O 66, r 2 (5).

"officer" , in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation.

"officer of the Court" does not include a solicitor, barrister or liquidator.

"originating process" means a statement of claim, a summons or, where a cross-claim is made against a person not previously a party to the proceedings in which the cross-claim is made, the cross-claim.

"pay" , in relation to funds, includes transfer, deposit and deliver.

"person bound" , in relation to a judgment or order, means a person required by the judgment or order--
(a) to pay money,
(b) to give possession of land,
(c) to deliver goods (with or without the alternative of paying the assessed value of the goods),
(d) to do any other act, or
(e) to abstain from doing any act.

"personal injuries" includes any disease and any impairment of a person's physical or mental condition.
cf RSC (Rev) 1965, O 5, r 2.

"registry" means a registry at Lismore, Newcastle, Orange, Sydney, Wagga Wagga or Wollongong.

"Riverina" means the district of the State comprising Albury, Cootamundra, Deniliquin, Griffith, Gundagai, Leeton, Narrandera, Temora, Tumut and Wagga Wagga.

"solicitor" has the same meaning as it has in the Legal Profession Act 1987 .

"the Act" means the Supreme Court Act 1970 .

"the Evidence Act" means the Evidence Act 1995 .

"the Service and Execution of Process Act " means the Service and Execution of Process Act 1992 of the Commonwealth.

"Trans-Tasman Mutual Recognition Act " means the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

"tutor" means a next friend or guardian ad litem of a disable person.
(2) Where--
(a) reference is made in the rules to the holder of an office in the Public Service or in the Australian Public Service, and
(b) the name of the office is changed or the relevant function is assumed by the holder of another office,
the reference shall continue to apply to the holder of that office.
cf RSC (Rev) 1965, O 13, r 1 (2).

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback