NSW UCPR [Form 6B] Submitting Appearance

New South Wales

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When is a NSW UCPR [Form 6A] Appearance used?

See UCPR 6.1 and 6.9, 6.10 & 6.11 for more information.

If you have been served with a Statement of Claim or Summons, you MUST enter an Appearance before you can take any step in the proceedings (including appearing in court) UNLESS:

⚖️ You have filed a Defence in the proceedings. See UCPR 6.9;

⚖️ The court gives you leave to take a step without entering an Appearance;

⚖️ You are acting for a defendant who is applying to set aside the originating process under UCPR 12.11;

⚖️ The plaintiff has applied for an order under rule 25.2 (Order in urgent case before commencement of proceedings); or

⚖️ You are acting for a defendant who makes an application in relation to setting aside or enforcing any judgment.

When is a NSW UCPR [Form 6B] Submitting Appearance used?

Alternatively, you can use this [Form 6B] Submitting Appearance and include a Statement of Submission in the Appearance if you want to submit (i.e. agree) to the court:

⚖️ Making all of the orders that have been sought in the Statement of Claim or Summons;

⚖️ Making all of the orders that have been sought in the Statement of Claim or Summons save as to costs, or

⚖️ Giving or entering judgment in respect of all of the claims made in the Statement of Claim.

If a defendant files a notice of this kind they may only file a Defence or Affidavit or take any other step in the proceedings with the leave of the court (UCPR 6.11(2)).

Appearing for more than 1 Party

If you are appearing for more than one party, e.g. if two defendants share legal representation, or an individual defendant is the authorised officer for a defendant corporation, in the Appearance form, you should repeat the Filing party details for every party appearing:

Before completing either the section headed #Legal representative for filing party or #Contact details for filing party acting in person or by authorised officer, whichever is applicable.

Document Overview:

✅ Suitable for the NSW Courts 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) and all Appeals to the NSW Court of Appeal.

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

The preparation of a [Form 7A] Defence - Legally Represented or [Form 7B] Defence - Self-Represented or an Appearance including deciding what kind of Appearance to enter - a [Form 6A] Appearance or this [Form 6B] Submitting Appearance as to all orders (and whether or not to include the statement 'save as to costs') in proceedings has important strategic legal implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.

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