NSW UCPR [Form 81] General Form ➲ Part 50 Appeal

New South Wales

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When is a NSW UCPR [Form 81] General Form (Part 50 Appeal) used?

See NSW UCPR Forms numbered [101 - 106] if you require forms for use in the Court of Appeal.

For Part 50 Appeal Proceedings, if there is no approved form for the step that you are taking in the proceedings within the NSW Courts, you can use this [Form 81] and modify it to suit the nature of the document you wish to file and the requirements of the Uniform Civil Procedures Rules (NSW) 2005 (UCPR).

Other approved forms may be used and adapted as necessary in Part 50 Appeal Proceedings.

For example: A [Form 6A] Appearance, a [Form 20] Notice of Motion and a [Form 40] Affidavit may be adapted so that the front cover of these forms appears in the format of this [Form 81] General Form for Part 50 Appeals.

Document Overview:

✅ Suitable for the NSW Courts (except an Appeal to the Court of Appeal) 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.

What are Part 50 Appeal Proceedings?

UCPR 50.1 Application

(cf SCR Part 51A, rule 1)
This Part applies to any appeal, other than--

(a) an appeal to the Supreme Court that, under the Supreme Court Act 1970 that is assigned to the Court of Appeal, or
(b) an appeal to the Supreme Court under Part 5 of the Crimes (Appeal and Review) Act 2001 , or
(c) an appeal to the Supreme Court to which the provisions of Part 80A rule 32(1) of the Supreme Court Rules 1970 or rule 14.1 of the Supreme Court (Corporations) Rules 1999 apply.
Note : The provisions of this Part, like the other provisions of these rules, are subject to any Act that makes provision to the contrary.

Legal Advice Recommended

The Part 50 Appeal you are filing with the NSW Courts will determine whether a specific NSW Courts Practice Note will apply, and the details of your appeal will assist to determine which forms are 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, together with the crucial importance of getting your grounds of appeal right to the success of your appeal:

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

⚖️ Forms are required due to the type of appeal being made; and which

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

⚖️ Documents MUST or may be filed in support of your Part 50 Appeal; as well as

✅ To ensure you have the best chance of getting your "all-important" grounds of appeal right.

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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General FAQ

How do I negotiate my civil dispute whilst protecting myself?

You have the right to remain silent … in your civil legal dispute

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.

We recommend you don't say or write anything until you have spoken to your lawyer

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.

Proceeding without your lawyer

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.