ByLawyers News and Updates

Wills coversheets – NSW

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Wills coversheets are now mandatory at the New South Wales Supreme Court Probate registry for Wills filed online.

From 1 July 2023, when an application is filed online, and the original will is sent to the registry, it must have a coversheet.

NSW Online Registry can be used to lodge an application for either probate, or letters of administration with the will annexed. However, when filing the application online, the new rule 13.4 under the Uniform Civil Procedure Rules requires the original will to be filed at the registry or by post within seven days after the online filing with either the coversheet printed from the Online Registry or one that shows the case number.

The By Lawyers Probate (NSW) and Letters of Administration (NSW) matter plans contain precedent wills coversheets.

The commentary in those publications on filing applications has been updated accordingly.

Enforcement – VIC

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The By Lawyers Enforcement (VIC) publication has been extensively reviewed and expanded.

Part of the individual civil litigation publications, the Enforcement guides deal with enforcing judgments and orders in civil matters in the Magistrates’ Court, the County Court and the Supreme Court. They are now stand-alone publications, designed to assist practitioners who are advising and representing clients that seek to recover or resist a judgment debt or other order, whether or not the practitioner acted for the client in the substantive matter.

The commentaries have been substantially enhanced. New precedents provided on the matter plan include:

  • File cover sheet
  • Retainer instructions
  • Costs agreement and disclosure document
  • Initial letter to client
  • Letter of demand
  • To do list

The commentaries and precedents cover all manner of enforcement procedures, in all levels of courts, from examination and attachment to various warrants and writs.

Related By Lawyers guides include Insolvency and 101 Subpoena Answers.

Re-issued practice notes – NSW

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The Supreme Court has re-issued practice notes in relation to procedure in the Common Law division for some of the court’s specialist lists. The additions and amendments to these Practice Notes mainly clarify or enhance aspects of case management by the court.

The Re-issued Practice Notes are as follows:

SC CL 7 – Professional Negligence List

SC CL 6 – Possession List

SC CL 4 – Defamation List

SC CL 3 – Administrative & Industrial Law List

There are also corresponding and additional minor amendments to SC CL 1 General regarding case management in the Common Law Division generally.

All these amended practice notes commenced from 25 May 2020, except PN CL 7 which will commence 1 June 2020.

The By Lawyers Supreme Court Common Law – Acting for the plaintiff and Acting for the Defendant guides contain numerous relevant links to these and other practice notes. The commentaries and links in these guides have been updated accordingly.

Personal Injury – New list – VIC

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Personal injury lawyers should be aware that the Supreme Court of Victoria has a new case management list. The Institutional Liability List in the Common Law division manages institutional child abuse matters.

Proceedings suitable for inclusion in the list are those involving:

  • Claims against an organisation founded on the death or personal injury of a person as a result of alleged physical or sexual abuse of a minor.
  • Claims for breach of the duty of care imposed by s 91 of the Wrongs Act 1958 (Vic).
  • Applications to set aside a previous judgment or settlement agreement pursuant to sections 27QB or 27QD of the Limitation of Actions Act 1958 prior to the commencement of a proceeding on an action referred to in s 27QA of that Act.
  • Claims against an educational organisation arising out of the death or personal injury of a student of that organisation as a result of physical, sexual or psychological abuse by a fellow student or individual employed or associated with that organisation.

The management of proceedings in the Institutional Liability List is in accordance with Practice Note SC CL3 – Personal Injuries List.

The By Lawyers Personal Injury (VIC) Publication and the Supreme Court Civil (VIC) Publication have been updated accordingly.

Fees Update – Supreme Court Probate Office – VIC

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New probate filing fees

On 30 September 2018 the Supreme Court (Fees) Regulations 2018 introduces new filing fees for the Supreme Court of Victoria’s probate office.

The By Lawyers Victorian Estates Guide have been updated to reflect these changes.

Supreme Court NSW – commentary updated for new Practice Notes

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Practice Notes

The By Lawyers Supreme Court (NSW) commentaries have been updated following the introduction of new practice notes issued by the Court.

The Court’s practice notes provide practitioners with detailed guidance on how the Court manages its cases, complementing legislative and regulatory provisions. Practice notes specifically set out the steps practitioners are expected to take when conducting a matter and failure to comply can have serious consequences for the client and practitioner.

By Lawyers litigation Guides assist practitioners with all aspects of practice and procedure, with focused commentary, precedents and matter plans to guide you through the conduct of proceedings, from start to finish.

Courts and tribunals – 1 July fee increases and legislation updates

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1 July always sees legislative changes, including increases to court fees. Happy New (financial) Year!

The following are some of the important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

LITIGATION, CRIMINAL LAW, FAMILY LAW & DECEASED ESTATES

All States

Fee increases apply in all courts and tribunals.

Injury claims – where damages for permanent impairment and/or non-economic loss are subject to statutory caps (e.g. motor accidents and workers compensation legislation) these maximum amounts have been updated.

Defamation – the maximum amount of damages for non-economic loss available under the Uniform Defamation Law is now $398,500.

VIC Supreme Court

All documents for Supreme Court Common Law, Commercial Court and Costs Court matters must now be electronically filed using the RedCrest electronic filing platform. Court users will need to register. See the Supreme Court page ‘Electronic filing and case management’ and the commentary in the By Lawyers Victorian Supreme Court Guide

 

NSW – Supreme Court – Equity Division and Common Law Division – Appeals – Practice Note SC CA 1

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Information has been added to the Act for Plaintiff and Act for Defendant commentaries in both the Supreme Court Common Law and Equity Guides to incorporate the requirements of Practice Note No. SC CA 1  which was issued on 13 December 2017 and which commenced on 1 January 2018.

All parties to proceedings in the Court of Appeal are required to comply with the requirements contained in  Part 51 UCPR (appeals) and Part 59 UCPR ( judicial review).  The Practice Note makes additional  provision for the  preparation and conduct of proceedings in the Court of Appeal.

Supreme Court Civil NSW

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Supreme Court Civil NSW updates
JANUARY
  • Content added on requirements of PN SC Eq1 – Mediation and ADR
NOVEMBER
  •  Brand new guide added – ‘Reference Manual – 101 Subpoena Answers for NSW’
OCTOBER
  • Acting for the Plaintiff – Updated rule for overseas service
  • Costs Agreements
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
    • Included reference to time limit for bringing costs assessment included total estimate of legal costs section with provision for variables and included authority to receive money into trust.
  • Commentary added on agreed list of documents
SEPTEMBER
  • Equity Division Supreme Court – Acting for Defendant and Plaintiff Commentaries – Updated reference to real property list practice note SCEQ12

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