New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.12

6.12 Relief claimed

(cf SCR Part 7, rule 1; DCR Part 5, rules 6 and 6A; LCR Part 5, rules 1 and 2)

(1) A statement of claim or summons must specifically state the relief claimed by the plaintiff.

(2) If the relief claimed requires the determination or direction of the court on any question, the statement of claim or summons must state the question.

(3) Costs referred to in section 59(1)(d) of the Legal Profession Uniform Law Application Act 2014 (costs payable for the enforcement of a lump sum debt or liquidated sum for damages) must be specifically claimed.

(4) Costs, other than those referred to in section 59(1)(d) of the Legal Profession Uniform Law Application Act 2014 , need not be specifically claimed.

(5) Exemplary damages and aggravated compensatory damages must be specifically claimed.

(6) An order for interest up to judgment must be specifically claimed.

(7) In the case of a liquidated claim, a claim for an order for interest up to judgment--

(a) must specify the period or periods for which interest is claimed, and

(b) may specify the rate or rates at which interest is claimed.

(8) If no rate of interest is specified under subrule (7)(b), the rate at which interest is claimed is taken to be--

(a) in respect of the period from 1 January to 30 June in any year--the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and

(b) in respect of the period from 1 July to 31 December in any year--the rate that is 4% above the cash rate last published by the Reserve Bank of Australia before that period commenced.

Note--: See Part 46 as to the additional matters to be included in a summons relating to an appeal.