Which proceedings can be commenced under UCPR by notice of motion once proceedings have already started?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

The ability to commence certain proceedings by notice of motion once they have already started is a crucial aspect of the Uniform Civil Procedure Rules (UCPR). Interlocutory applications, which are typically made during the course of ongoing proceedings, allow parties to seek interim or temporary orders from the court without requiring the case to be fully resolved. This is especially important for matters that need urgent attention but do not require a full resolution of the entire case, such as obtaining orders for discovery or requesting amendments to pleadings.

In contrast, summary judgments are a specific type of interlocutory application aimed at resolving the matter based on the evidence presented without proceeding to a trial. Final appeals are also distinct from interlocutory applications, as they occur after a final decision has been made in a case, not during the ongoing proceedings. The option stating none can be amended incorrectly suggests a total lack of flexibility in managing ongoing cases, which is not aligned with the principles of civil procedure that encourage the efficient resolution of disputes.

Thus, the correct choice reflects the process by which parties can seek various types of relief via interlocutory applications under the UCPR after proceedings have commenced, allowing for adjustments and interim orders that facilitate the case's progression.

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