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Local Court Rules – NSW

1 November 2022 by By Lawyers

A recent amendment to the Local Court Rules provides for transfers of civil proceedings from the Court’s General Division to the Court’s Small Claims Division.

Rule 2.3 of the Local Court Rules 2009 already provides for proceedings to be transferred from the Small Claims Division to the General Division if the Court considers that sufficiently complex, difficult, or important issues are involved. The same rule also allows such proceedings to be transferred back to the Small Claims Division again if the Court considers it appropriate to do so.

The new sub-rule, 2.3 (1A) allows the Court to transfer any proceedings from the General Division to the Small Claims Division if the Court is of the opinion that any complex, difficult, or important issues have been resolved, or that it is otherwise appropriate.

In either case, the transfer can be made on the application of a party or by the Court’s own motion.

A corresponding amendment to r 2.10 provides that an application by a party for transfer either way is to be made by a motion in accordance with Part 18 of the Uniform Civil Procedure Rules 2005.

The commentaries in the By Lawyers Local Court (NSW) – Acting for the Plaintiff and Local Court (NSW) – Acting for the Defendant publications have been updated accordingly.

Filed Under: Legal Alerts, Litigation, New South Wales, Publication Updates Tagged With: litigation, Local Court

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