NSW UCPR [Form 20] Notice of Motion

When is a NSW UCPR [Form 20] Notice of Motion used?

Unless the Uniform Civil Procedures Rules (NSW) 2005 (UCPR) provide otherwise, you MUST prepare a Notice of Motion if you are making an interlocutory or other application in the proceedings (see UCPR 18.1).

The courts receive large numbers of some types of applications (e.g. an application for default judgment on a liquidated claim).

The Uniform Rules Committee has approved specific forms for the more common types of Notice of Motion.

You MUST use the specific form if one has been approved for the type of application you are making to the court.

The UCPR allow the court to deal with some Notices of Motion in the absence of the parties.

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 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) and all Appeals to the NSW Court of Appeal.

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

Mandatory Requirements

In the Notice of Motion, you MUST:
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✅ State whether the application is to be dealt with in the absence of the parties (i.e. not in the courtroom), if relevant, or

✅ Provide for a hearing date, if the application is to be dealt with in court.

The registry will insert the hearing date and time, but you may insert this information if known (e.g. if the court has adjourned a matter for hearing of a motion on a particular date).

Contents of the Notice of Motion

See UCPR 18.3 for more information about how to describe the persons who are filing or who are affected by a Notice of Motion.

Affidavit in Support

Generally a Notice of Motion will need to filed together with a [Form 40] Affidavit in support which will typically refer to annexures/exhibits using one or more [Form 42] Exhibit Certificates.

For detailed instructions regarding properly making the Affidavit please refer to this FAQ.

Filing Fees

Schedule 1 of the Civil Procedure Regulation 2017 (NSW) sets out the amount the Court charges for filing a Notice of Motion.

Supreme Court

As at 1 July, 2023 the NSW Supreme Court website quotes the following filing fees for a Notice of Motion:

➲ Individual $718

➲ Corporation^ $1,436

^ Corporation filing fees apply to: Local Government, councils, companies Inc, Pty Ltd, cooperatives, medical funds, permanent trustees, universities, unincorporated associations, religious organisations, private schools, private hospitals, Local Area health networks, charities.

Under clause 4(4) of the Civil Procedure Regulation 2017 an individual rate may be applied if income is less than $200,000.00 per annum.

Evidence must be provided & an application approved.

Where there are multiple parties and one of the parties is a corporation then the corporation or organisation fee will apply.

Sole traders are charged the individual rate.

*In accordance with the Interpretation Act 1987, the definition of 'The Crown' does not extend to Commonwealth Crown or statutory bodies

District & Local Courts

Filing fees in the District and Local Courts are substantially lower than the prescribed fees in the Supreme Court.

Financial Hardship

A party under financial hardship may file an application to delay or waive the court filing fees.

Service Requirements

See UCPR 18.2, 18.4 and 18.5 for more information about how and when to serve a Notice of Motion.

Unless the court orders otherwise, a Notice of Motion MUST be served at least 3 clear business days before the hearing date of the motion.

You MUST include the following information if the court orders that the Notice of Motion has to be served by a particular time.

You MUST include the street address, postal address and telephone number of the court registry.

You should copy the registry street address, postal address and telephone number from the statement of claim or summons, or

If relevant, include details of the street address, postal address and telephone number of the registry where the court has transferred the proceedings.

Legal Advice Recommended

The type of Notice of Motion you are filing with the NSW Courts will determine whether a specific UCPR form is required to be filed, and what documents are required to be filed in support.

In short, due to the complexities involved in determining which form of Notice of Motion to use, together with the crucial importance of getting the details of the motion and supporting documentation right to the success of your motion:

➲ We recommend you contact our legal team to obtain legal advice and guidance regarding which:

⚖️ Forms are required due to the type of Notice of Motion is being made; and which

⚖️ NSW Courts Practice Note (if any) applies; and accordingly which

⚖️ Documents MUST or may be filed in support of your Notice of Motion.

Important Note:

The Applicant filing this Form is required to serve a copy of the filed Form together with all other filed documents on all affected parties.