Uniform Civil Rules 2020

1 Uniform Civil Rules 2020 Current to 1 July 2021 - Uniform Civil (No 5) Amending Rules 2021 Uniform Civil Rules 2020 SOUTH AUSTRALIA The Uniform Civil Rules 2020 that came into operation on 18 May 2020 (South Australian Government Gazette 18 May 2020, page 1392) have been varied by Uniform Civil Amending Rules : No. Date Gazette Date of operation 1 3 August 2020 13 August 2020, p. 4282 17 August 2020 2 29 September 2020 8 October 2020, p. 4813 12 October 2020 3 17 December 2020 24 December 2020, p. 6158 1 January 2021 4 16 February 2021 25 February 2021, p.

2 654 1 March 2021 5 10 June 2021 24 June 2021, p. 2382 1 July 2021 By virtue and in pursuance of the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991, and all other enabling powers, we, the Chief Justice of the Supreme Court, the Chief Judge of the District Court and the Chief Magistrate of the Magistrates Court, make the following Uniform Civil Rules 2020. ii Uniform Civil Rules 2020 Current to 1 July 2021 - Uniform Civil (No 5) Amending Rules 2021 MADE UNDER THE: SUPREME COURT ACT 1935 DISTRICT COURT ACT 1991 MAGISTRATES COURT ACT 1991 iii Uniform Civil Rules 2020 Current to 1 July 2021 - Uniform Civil (No 5) Amending Rules 2021 Table of Contents Note The numbering convention adopted in these Rules provides for a gap in the numbering of Rules between chapters.

3 The rule numbering in each chapter begins with a new factor of ten. For example, the last rule in Chapter 1 is rule 4 but the first rule in Chapter 2 is rule 11. Chapter 1 1 Part 1 Introduction .. 1 Title .. 1 Commencement .. 1 Repeal .. 1 Transition .. 1 2 Application of Rules .. 2 Part 2 Interpretation .. 3 Definitions .. 3 Calculation of time .. 10 10 Statutory equivalent language .. 11 Part 3 Overarching obligations of parties and lawyers .. 11 Overarching obligations.

4 11 Breach of obligations .. 12 Part 4 Power of Chief Judicial Officer to vary Rules .. 12 Emergency power .. 12 Chapter 2 The Court .. 14 Part 1 Jurisdiction .. 14 Original jurisdiction Supreme Court .. 14 Original jurisdiction District Court .. 15 Original jurisdiction Magistrates Court .. 15 Exercise of jurisdiction .. 16 Allocation of jurisdiction .. 17 Part 2 Judicial powers .. 17 General powers .. 17 Regard to object of Rules .. 18 Part 3 Administration .. 18 Division 1 General.

5 18 Chief Judicial 18 Registrar .. 19 Registrar may seek directions .. 20 Review of exercise of function by Registrar .. 20 Division 2 Electronic court management system .. 21 Establishment and operation .. 21 Registered users .. 22 Originals of documents uploaded into Electronic System .. 22 Official record of the 22 Division 3 Registry .. 22 iv Uniform Civil Rules 2020 Current to 1 July 2021 - Uniform Civil (No 5) Amending Rules 2021 Registry hours .. 22 Division 4 Access to court documents.

6 23 Document access .. 23 Division 5 Court fees .. 23 Remission or reduction .. 23 Part 4 Divisions .. 23 Supreme Court .. 23 District Court .. 23 Magistrates Court .. 23 Part 5 Hearings .. 24 Division 1 Hearings .. 24 Determination without hearing .. 24 Hearings ordinarily in presence of parties .. 24 Hearings ordinarily in court in public .. 24 Appearance by audio visual link or telephone .. 25 Recording events in court .. 25 Electronic communications in court .. 25 Attire .. 26 Facilities in court.

7 26 Division 2 Listing of hearings .. 26 Listing practices .. 26 Part 6 Communication with Court .. 27 Email and telephone communications .. 27 Chapter 3 Parties and representation .. 28 Part 1 Parties .. 28 Division 1 Type .. 28 Party types .. 28 Division 2 Capacity .. 29 Party in particular capacity .. 29 Division 3 Multiple parties .. 30 Multiple applicants .. 30 Multiple 30 Multiple interested parties .. 31 Part 2 Change of parties .. 31 Division 1 Joinder and disjoinder .. 31 Joinder of parties.

8 31 Substitution or addition of parties .. 31 Removal of parties .. 32 Errors .. 32 Division 2 Death of party .. 32 Death of party .. 32 Part 3 Particular parties .. 32 Division 1 Partnerships and unincorporated associations .. 32 v Uniform Civil Rules 2020 Current to 1 July 2021 - Uniform Civil (No 5) Amending Rules 2021 32 Partnership name .. 33 Unincorporated association name .. 33 Disclosure of members .. 34 Dispute about identity of members .. 34 Division 2 Persons under legal incapacity.

9 34 Definitions .. 34 Eligibility to be litigation guardian .. 35 Proceeding by person under legal incapacity .. 35 Proceeding against or naming person under legal incapacity .. 36 Constitution and conduct of proceeding .. 36 Failure to appoint litigation guardian .. 37 Part 4 Representative parties .. 37 Division 1 Introduction .. 37 Definitions .. 37 Division 2 Parties with common interest .. 37 Bringing proceeding .. 37 Defending or participating in proceeding .. 38 Division 3 Parties with common question.

10 38 Bringing action .. 38 Process to opt out or opt in .. 39 Division 4 Beneficiaries etc .. 39 Appointment of representative .. 39 Division 5 General .. 40 Constitution of proceeding .. 40 Conduct of proceeding .. 40 Effect of orders and judgments on represented parties .. 40 Costs .. 40 Costs of representative party .. 40 Part 5 Representation .. 41 Division 1 Lawyers .. 41 Right of representation of parties .. 41 Law firm acting for party .. 41 Responsible solicitor acting for party.