Arbitration (Civil Actions) Act 1983 Arbitration (Civil Actions) Regulation 1994 (1994-403) [GG No 108 of 26.8.1994] (NSW)

1994—No. 403

ARBITRATION (CIVIL ACTIONS) ACT 1983—REGULATION

(Arbitration (Civil Actions) Regulation 1994)

NEW SOUTH WALES

[Published in Gazette No. 108 of 26 August 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Arbitration (Civil Actions) Act 1983, has been pleased to make the Regulation set forth hereunder.

J. P. HANNAFORD, M.L.C.,

Minister for Justice.

Citation

1. This Regulation may be cited as the Arbitration (Civil Actions)

Regulation 1994.

Commencement

2. This Regulation commences on 31 August 1994.

Definition

3. In this Regulation:

“the Act” means the Arbitration (Civil Actions) Act 1983.

Nomination of arbitrator: sec. 5

4. For the purposes of section 5 (5) of the Act:

(a)	a nomination of a barrister for appointment as an arbitrator is to be made by The New South Wales Bar Association; and
(b)	a nomination of a solicitor for appointment as an arbitrator is to be made by The Law Society of New South Wales; and

1994—No. 403

(c) a nomination is to be made in writing:

(i)  signed by the President, or by a Vice-President, of the nominating body; and

(ii) addressed to the person authorised to make the appointment.

Monetary limit below which an action referred to arbitration is not to be reheard: sec. 18

5. For the purposes of section 18 of the Act, the prescribed amount is

$3,000.

Repeal

6. (1) The Arbitration (Civil Actions) Regulation 1983 is repealed.

(2) Any act, matter or thing that, immediately before the repeal of the Arbitration (Civil Actions) Regulation 1983, had effect under that Regulation is taken to have effect under this Regulation.

NOTES

TABLE OF PROVISIONS

1. Citation
2. Commencement
3. Definition
4. Nomination of arbitrator: sec. 5

5.  Monetary limit below which an action referred to arbitration is not to be reheard: sec. 18

6. Repeal

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake the Arbitration (Civil Actions) Regulation 1983 under the Arbitration (Civil Actions) Act 1983. The new Regulation deals with the following matters:

(a) the procedure for nominating persons as arbitrators (clause 4);

(b)	the monetary limit below which a court may not order the rehearing of certain actions that have been determined by arbitration (clause 5);
(c)	citation, commencement and other matters of a formal nature (clauses 1, 2, 3 and 6).

1994—No. 403

This Regulation is made under the Arbitration (Civil Actions) Act 1983, including

section 20 (the general regulation making power) and sections 5 and 18.

This Regulation is made in connection with the staged repeal of subordinate

legislation under the Subordinate Legislation Act 1989.