See UCPR 4.2A for more information.
Where there are more than 2 Plaintiffs or more than 2 Defendants, this [Form 2] List of Parties MUST be filed and served by the Plaintiff with the Originating Process.
It MUST be updated, re-filed and re-served by the relevant party with any document that first records a change in the parties to the proceedings.
None of the approved forms has all the Parties listed on the front (unless there are no more than 2 Plaintiffs, and 2 Defendants), so this [Form 2] List of Parties is intended to be a convenient reference document for the Court and parties to retain at the front of the pleadings folder in any multi-party matter.
It will be helpful to the Court and all Parties to update, re-file and re-serve this [Form 2] List of Parties whenever any of the information in the document changes (e.g. when all appearances or defences have been filed, when a Party changes its representative etc), in addition to the occasions mandated by UCPR 4.2A.
In the PARTY AND CONTACT DETAILS section of this [Form 2] List of Parties, you should provide the contact details of the person with the day to day conduct of the matter (if the party is legally represented), which is the information that Parties should provide at ‘contact name and telephone’ in the FILING DETAILS section on the front of all filed forms.
It is appropriate for Parties to co-operate with each other to update this [Form 2] List of Parties by exchanging electronic copies of the completed form, to avoid the need to re-create it when new parties are added or contact details are changed.
One up-to-date version of this [Form 2] List of Parties will be of mutual benefit to the Parties and the Court.
✅ 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 with the Court;
✅ For use in all NSW Court registries for all NSW Courts including Local (General & Small Claims), District (All Lists^), Supreme (Common Law & Equity Divisions).
Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.
The type of form you are filing with the NSW Courts will determine whether a specific NSW Courts Practice Note will apply, and the details of your dispute will assist to determine which form is to be filed, and what documents are required to be filed in support.
In short, due to the complexities involved in both determining which forms to use:
➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:
⚖️ Forms are required; and which
⚖️ NSW Courts Practice Note (if any) applies; and accordingly which
⚖️ Documents MUST or may be filed in support.
Important Notes:
Pricing does not include Court filing fees.
The party filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.
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By the time you approach a lawyer to assist with your civil legal dispute you may have already discussed the matter in detail or sent text messages/emails to the other party, their agent, insurance company or lawyers.
Whilst you might think you are progressing the matter:
➲ This is generally a mistake!
Most people [unless they are experienced in litigation or legal dispute resolution] will unknowingly proceed to make these communications with the other side on an "open” basis.
This means that everything that is said or written might be capable of being used by the other parties in any subsequent legal proceedings.
It is generally known that in any criminal matter, you have the “right to remain silent …” as this is well-covered territory on TV/Movie Legal Dramas and in the media.
When it comes to civil disputes we recommend you adopt the same position.
Our advice may be spot on when it comes to large $$ civil disputes.
When the matter is only a minor one, you may not want to go to the time and/or expense of engaging legal advice specific to your situation.
Q: How then can you proceed?
A: Very carefully, and with the assistance of some very specific legal phraseology which you may or may not have seen before.
Please refer to our blog article “How to cast a magic legal spell? The protection afforded by Without Prejudice Settlement Negotiations." for more information.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
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