The following changes have been incorporated in this Update:
Pell v Hodges  NSWCA 234 has been added at [2-7110] Extension and abridgement which held that while the discretion conferred by UCPR r 1.12 is not in terms fettered, a plaintiff seeking an extension of time must establish a proper or adequate reason for this being granted. Two new paragraphs have been added at [2-7125] Time for filing appearance and [2-7130] Time for service of initiating process.
At [4-1910] The rule in Jones v Dunkel, the case of Jagatramka v Wollongong Coal Ltd  NSWCA 61 has been added. It was noted in this case that while the rule in Jones v Dunkel permits an inference that evidence not called by a party would not have assisted the party, the failure to call evidence cannot fill gaps in the evidence, as distinct from enabling an available inference to be drawn more comfortably.
[5-4000] Proceedings for defamation in NSW
The commentary at [5-4006] Defamation Amendment Act 2020 has been updated as a result of the commencement of this Act on 1 July 2021. The Uniform Civil Procedure (Amendment No 95) Rule 2020 also commenced on that date to take into account the commencement of the Stage 1 reforms.
[5-8000] Child care appeals from the Children’s Court
[5-8030] The guiding principles and [5-8060] Permanency planning have both been updated to highlight the Aboriginal and Torres Strait Islander Child Placement Principles (ATSICPP) and the requirement under s 78A of the Children and Young Persons (Care and Protection) Act 1998 (Care Act) to ensure that any permanency plan for an Aboriginal or Torres Strait Islander child addresses how the plan has complied with the ATSICPP in s 13 of the Care Act. The case of Hackett (a pseudonym) v Secretary, Department of Communities and Justice  NSWCA 83 has also been added at [5-8060] in relation to the identification of an Aboriginal child for the purposes of the Adoption Act 2000. The commentary at [5-8093] Guardianship orders has been revised and updated. At [5-8100] Costs orders, the case of Re: A Costs Appellant Carer (a pseudonym) v The Secretary, Department of Communities and Justice  NSWDC 197 has been included. Professor Megan Davis’ Independent Review of Aboriginal Children in OOHC, “Family is culture”, Review Report, 2019 has been added to Further Reading.
An article by Professor Joachim Dietrich, “Intentional conduct and the operation of the Civil Liability Acts: unanswered questions” (2020) 39(2) University of Queensland Law Journal 197 has been added to Further Reading.
[10-0300] Contempt generally
N Adams and B Baker, “Sentencing for contempt of court”, National Judicial College of Australia and the Australian National University Sentencing Conference, 29 February 2020, Canberra, has been added at Further Reading.