New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 46.28

46.28 Notice to prove claim

(cf SCR Part 49, rule 19)

(1) This rule applies if the Supreme Court requires a claimant to attend and prove his or her claim pursuant to rule 46.27(1)(c).

(2) The Supreme Court must appoint a party to give notice in accordance with subrule (3) and must determine the times and documents to be specified in the notice.

(3) The party so appointed must serve on the claimant a notice requiring him or her--

(a) to serve on the party serving the notice an affidavit in support of his or her claim within such time, not less than 7 days after the date of service of the notice, as may be specified in the notice, and

(b) to attend before the Supreme Court for adjudication on the claim at such time as may be specified in the notice, and

(c) to produce to the Supreme Court, at such time as may be specified in the notice, such documents as may be specified or described.

(4) If a claimant does not comply with a notice served on him or her under subrule (3), the Supreme Court may disallow his or her claim.