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Magistrates Court Practice SA Noticeboard – July 2021 Part 1

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The Magistrates Court Practice SA Noticeboard is your ticket to news as it  occurs in the Civil Division of the Magistrates Court of South Australia. With  frequent and rapid updating by retired Deputy Chief Magistrate Dr Andrew  Cannon, the Noticeboard keeps you apprised of all of the latest legislative and  case developments related to the practice of civil law in the Magistrates Court  of South Australia. For a more detailed look into these and other civil law  matters, Magistrates Court Practice SA, the only publication specialising in the  civil jurisdiction of the Magistrates Court in South Australia, is available for  subscription online, in looseleaf or on ProView eSub. For further enquires,  please contact the Sales Team on 1800 110 009 or  https://legal.thomsonreuters.com.au/support/contact-sales.aspx.

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. 

Dr Andrew Cannon - Deputy Chief Magistrate (retired)
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.

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