CIVIL PROCEDURE — Application for summary relief under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) for summons seeking judicial review of “directions” provided to police officers — Where the plaintiffs failed to comply with r 59.4 of the Uniform Civil Procedure Rules
CIVIL PROCEDURE — Application under r 59.9 of the Uniform Civil Procedure Rules for the provision of the “decision” identified in summons seeking judicial review and a statement of reasons for it — Whether orders under r 59.9 are available where r 59.4 is not conformed to — Where the plaintiffs have not identified the decision sought to be challenged — Where such an order would be unfairly burdensome
CIVIL PROCEDURE — Provision of additional material after hearing without leave — Court’s entitlement to disregard the supplementary material
Quick Take
1A summons for judicial review under r 59.4 of the UCPR must precisely identify the decision sought to be challenged, the decision-maker, and when the decision was made; generalised or assumed identification of a decision — proceeding on the basis that a decision meeting a broad description must have been made by an unidentified person at an unidentified time — does not satisfy the rule's requirements.
2Orders under r 59.9(4) of the UCPR requiring provision of a copy of a decision and a statement of reasons are unavailable where the summons does not conform to the requirements of r 59.4, given the coherent operation of r 59 proceeds on the basis that the decision has been identified in the summons.
3Provision of further submissions and authorities to chambers after hearing without leave is impermissible and the court is entitled to disregard such material, consistent with Bale v Mills (2011) 81 NSWLR 498.
