Magistrates Court Practice SA Noticeboard – July 2021 Part 1
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.