NSW UCPR [Form 107] Summons ➲ Supervisory Jurisdiction

When is a NSW UCPR [Form 107] Summons ➲ Supervisory Jurisdiction used?

See UCPR 51.45 and 59.4 for further information.

51.45 Proceedings in supervisory jurisdiction

(1) Proceedings for relief of the kind referred to in section 65 or 69 of the Supreme Court Act 1970 and assigned to the Court under section 48 of that Act are to be commenced by summons.

(1A) Part 59 (other than rule 59.8) applies to any such proceedings, but is subject to this rule.

(2) The party commencing any such proceedings is referred to as the applicant and the party against whom any such proceedings are brought is referred to as the respondent.

(3) The summons MUST, on filing, be accompanied by 4 copies of a folder containing the following--

(a) a copy of the summons,

(b) a statement of any orders or decision in respect of which relief is sought,

(c) the reasons for the decision (if any),

(d) the written submissions of the applicant,

(e) any other documents that the applicant is seeking to rely on.

(4) The folder MUST also comply with the requirements set out in rule 51.12(5).

(5) The applicant MUST, on the filing of the summons, file and serve written submissions which must--

(a) be divided into paragraphs numbered consecutively, and

(b) contain an outline of the procedural history of the matter, and

(c) briefly set out, by reference to the grounds contained in the summons, the applicant's contentions in support of the relief claimed, and

(d) be signed by the barrister or solicitor who prepares the submissions or, where the party is not represented by a barrister or solicitor, by the party, and

(e) have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (d)--

(i) the name of the signatory,

(ii) a telephone number at which the signatory can be contacted,

(iii) if available, the signatory's facsimile number,

(iv) if available, the signatory's email address, and

(f) not exceed 20 pages, and

(g) refer to any matters in the White Folder by page number.

(6) A respondent seeking to resist the relief claimed by the applicant MUST, within 28 days of service of the applicant's written submissions, file and serve written submissions in support of the respondent's response which must--

(a) not exceed 20 pages, and

(b) comply with the requirements set out in subrule (5)(d) and (e).

(6A) The applicant may file and serve a reply not exceeding 5 pages within 14 days after receipt of the respondent's response.

(7) A summons is to be made returnable before the Registrar for directions.

(8) Any party seeking interlocutory relief is, as far as practicable, to file and serve a [Form 20] Notice of Motion, with supporting [Form 40] Affidavit, specifying the nature of the relief sought before the first return date on the summons.

Mandatory Contents of Summons

See UCPR 59.4 for more information.

59.4 Content of summons

The summons MUST state--

(a) the orders sought, and

(b) if there is a decision in respect of which relief is sought--

(i) the identity of the decision-maker, and

(ii) the terms of the decision to be reviewed, and

(iii) whether relief is sought in respect of the whole or part only of the decision and, if part only, which part, and

(c) with specificity, the grounds on which the relief is sought.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing;

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

Deciding whether to prepare, file and serve this [Form 107] Summons ➲ Supervisory Jurisdiction has important strategic legal implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.