Arbitration (Civil Actions) Regulation 1999 (NSW)

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Arbitration (Civil Actions) Act 1983.

Attorney General.

1Name of Regulation

This Regulation is the Arbitration (Civil Actions) Regulation 1999.

2Commencement

This Regulation commences on 1 July 1999.

3Definition(1)

In this Regulation:

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

(2)

The explanatory note does not form part of this Regulation.

4Nomination of arbitrator

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

• (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.

5Monetary limit below which an action referred to arbitration is not to be reheard

For the purposes of section 18A of the Act, the prescribed amount is the amount equal to the jurisdictional limit of the Small Claims Division of the Local Court (that is, the amount for the time being specified or referred to under section 12 (3) of the Local Courts (Civil Claims) Act 1970).

6Prescribed period for application for order for rehearing after discontinuance of rehearing

For the purposes of section 18D (2) (a) of the Act, the prescribed period is:

• (a)

  28 days, or

• (b)

  if the court, on application made to it within that period of 28 days, allows a longer period—that longer period.

7Repeal(1)

The Arbitration (Civil Actions) Regulation 1994 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Arbitration (Civil Actions) Regulation 1994, had effect under that Regulation is taken to have effect under this Regulation.