UCPR 29.2A: Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2011] NSWCA 246

By: Robert Sheldon

Aug 25 2011

Category: Practice & Procedure, UCPRs

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McColl JA

Uniform Civil Procedure Rule 29.2A

 

135. Finally I would briefly observe that the amendment to UCPR Pt 29.2 in March 2011 (after the primary judgment in this case) which (inter alia) inserted the words “whether or not of its own motion” in the new UCPR 29.2A is, in my opinion, inconsistent with s 21 of the 2005 Act and ultra vires. The rule making power in s 9(1) of the CP Act does not authorise rules which are inconsistent with that or any other Act. The 2005 Act did not confer any power to make rules of court.

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