In the context of the UCPR, which prevails when there is an inconsistency between the UCPR and local rules specified in Sch 2?

In the context of the Uniform Civil Procedure Rules (UCPR), when there is an inconsistency between the UCPR and local rules specified in Schedule 2, the local rules prevail. This is due to a principle that local rules are specifically designed to address the unique operational needs and circumstances of the respective court.

The UCPR provides a general framework intended to govern civil procedures across various courts in New South Wales, but it recognizes that certain localities may require adaptations or additional regulations to effectively administer justice within their specific jurisdiction. Therefore, where a conflict arises, the local rules take precedence to ensure that the court can function effectively and responds to the distinct needs of its community.

It is important to understand that this prevalence of local rules does not undermine the overall authority of the UCPR but rather complements it, allowing for tailored procedural rules that enhance the litigation process in local contexts.