Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18:
1. Rule 45.1(2) of the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR) provides that, where an originating process filed in the Equity Division indicates that the proceedings are to be entered in one of the Division's specialist lists, including the Commercial List, the proceedings are thereafter to be entered in that list.
2. Although the terms of sub-r (2) of r 45.1 of the UCPR are mandatory, it is clear that, in designating the Commercial List as the list in which proceedings should be entered, practitioners are expected to keep in mind the terms of paras (a) and (b) of r 45.6(1). Those paragraphs enumerate the procee...