Real Property List Practice Note

Chief Justice T F Bathurst AC has re-issued Practice Note SC EQ 12 – Real Property List, which commenced operation on 1 September 2016. This Practice Note replaces the previous version of SC Eq 12 that was issued 20 May 2015 and commenced on 1 June 2015. The objective of the Real Property List in the Equity Division and the practice note is to facilitate the prompt and efficient resolution of the real issues in dispute in real property matters.

The changes include:

  1. While the first return date will be on Friday,  there is no longer a requirement that the date be no less than 21 days, or no more than 35 days, from date of filing the originating process.
  1. Applications for substituted service, security for costs, setting aside subpoenas or Notice to Produce may only be brought by Notice of Motion with the leave of the registrar in Equity. They will be heard by the Equity Registrar.
  1. The List Judge’s Directions will now commence at 9.30 am (previously 9.15).
  1. Motions will be listed  before the List Judge on a Friday at 9.15 am (previously not after 10.15).
  1. Requests to add or remove a matter to the Real Property List of must be made in writing to the List Judge’s Associate by 12:00 pm on Thursday.

Ari Katsoulas is a Barrister at Second Floor Wentworth Chambers and practices regularly in Real Property matters, including Section 66G Conveyancing Act applications, Section 88K Conveyancing Act easement applications, caveat disputes and mortgage/equitable mortgage disputes.

Liability limited under a scheme approved under Professional Standards Legislation

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