Magistrates Court Practice SA Noticeboard – July 2021 Part 1
Content updates
The Uniform Civil (No 5) Amending Rules 2021 came into force on 1 July 2021. They made these amendments:
- Subrule 3.1(1) is amended to apply the overarching obligations to or a person appearing or required to appear before the Court.
- Subrule 13.4(2) is substituted to provide that a review of a decision of a registrar that is an originating document must be commenced in accordance with UCR r 214.2 and otherwise by way of interlocutory application under UCR r 102.1.
- UCR r 42 is amended to allow for service on people in custody by express post addressed to them in the institution and it is deemed to be served 3 days after service on the institution.
- UCR r 61.8 is amended to exempt an applicant who has served a concerns notice complying with section 12A of the Defamation Act 2005 from the preaction requirements.
- UCR r 64.2(2)(b) is amended by removing a respondent notice of acting as an event preventing moving a claim into the inactive case list.
- UCR r 118 has a note inserted to clarify that subpoenas require consent unless they are for a trial.
- UCR r 133.1(3) is amended to clarify that a consent judgment is additional to any sum previously recovered.
- UCR 186.1 is amended to clarify that there is power to set aside a default judgment by consent.
- UCR r 215.3 provides that an appeal can be stayed until security of costs is paid.
There are other minor amendments mainly not relevant to the Magistrates Court.
By Dr Andrew Cannon
Deputy Chief Magistrate (retired)
Dr Andrew J Cannon BA LLB (Adel) LLM(Hons) (Woll) PhD (Woll) FAAL AM is a retired Deputy Chief Magistrate of South Australia. He is an adjunct Professor at Adelaide and Flinders Universities law schools and a Visiting Professor at Münster and Trier Universities, Germany as well as an experienced qualified mediator under the National Standard.