NSW UCPR [Form 32] Notice of Motion ➲ Rehearing after Arbitration

When is a NSW UCPR [Form 32] Notice of Motion ➲ Rehearing after Arbitration used?

See s 42 of the Civil Procedure Act 2005 (NSW) and UCPR 20.12 for more information.

The application may (but need not) request that the rehearing be a full rehearing or a limited rehearing on specific issues.

An order for rehearing will not be made unless the amount claimed in the proceedings, or the value of the property to which the proceedings relate, exceeds $10,000 (see s 43(2) of the Civil Procedure Act 2005 (NSW)).

UCPR 20.12 Rehearing

(cf SCR Part 72B, rule 5; DCR Part 51A, rule 11; LCR Part 38, rule 12)

(1) An application under section 42 of the Civil Procedure Act 2005 for the rehearing of referred proceedings is to be made by Notice of Motion.

(2) On the date fixed for the proceedings to be listed before the court, or any date to which the proceedings are adjourned, the court MUST make a determination as to whether the proceedings are to be a full rehearing or a limited rehearing.

(3) Before the record of any proceedings is brought before the court for a rehearing, the registrar MUST seal within the record, or separate from the record, both the application for rehearing and all information as to the nature and quantum of the arbitrator's award.

(4) Despite subrule (3), the court is not required to disqualify itself from rehearing the proceedings because it becomes aware in any manner of information as to the nature or quantum of the arbitrator's award.

(5) Unless the court otherwise orders, matter that has been sealed within the record is not to be opened, and matter that has been separated from the record is not to be returned to the record, until after the rehearing has been determined

Notice of Motion ➲ Overview

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.

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).

‍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:

✅ 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.

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.