Commercial Causes Act Amendment Act 1972 (Qld)

112 ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 15 of 1972 An Act to Amend The Commercial Causes Act of 1910 in certain particulars ASSENTED TO 15TH DECEMBER, 1972] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and ' with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Commercial Causes Act Amendment Act 1972. (2) The Commercial Causes Act of 1910 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Commercial Causes Act 1910-1972.

Commercial Causes Act Amendment Act 1972, No. 15 113 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by omitting the definition " Commercial causes " and inserting in its stead the following definition:- " " Commercial causes " include causes arising out of the ordinary transactions of merchants and traders; amongst others those relating to the construction of mercantile documents, export or import of merchandise, carriage of goods, sale of goods, building contracts, engineering contracts, insurance, banking, money lending, mercantile agency and mercantile usages;". 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) omitting subsection (3); (b) in subsection 4- (i) omitting subparagraph (b) and inserting in its stead the following subparagraph:- (b) Dispense with the rules of evidence for proving any matter where it is just to do so (including cases where expense and delay might otherwise be caused); and without limiting the generality of this power, dispense with the proof of handwriting, of documents, of the identity of parties or parcels, or of authority;"; (ii) in subparagraph (d) inserting after the word " inspection " the words " within a specified time "; (iii) in subparagraph (k) omitting the words " at any sum not exceeding fifty guineas ". 4. New section 6A. The Principal Act is amended by inserting after section 6 the following. section:- " 6A. Commercial dispute concerning construction of document. (1) Where a commercial dispute has arisen concerning the construction of a document or its application to any facts, any party to the dispute may apply to a Judge in Chambers for the determination of the questions involved in the dispute notwithstanding that no commercial cause has been commenced. (2) A commercial dispute is a dispute which would be a commercial cause if made the subject of an action in the Supreme Court. (3) An application under this section may be made in a summary manner by originating summons returnable on two clear days' notice, supported by affidavit. (4) Where it is necessary in the determination of a commercial dispute to decide any question of fact, the Judge may decide the question forthwith or settle the issues for trial and give any consequential directions as if the matter was a commercial cause. (5) A determination of any issue of fact or of any question of law pursuant to this section shall be binding on all parties to the summons in the same manner as if the issue or question had been determined in a commercial cause.

114 Commercial Causes Act Amendment Act 1972, No. 15 (6) Where on the hearing of an application under this section, the Judge, is of opinion that the dispute is not a commercial dispute but is a matter in which an application may be made under Rule IA, 1B or 1DB of Order 64 of The Rules of the Supreme Court, the Judge may proceed to determine the matter as if it was the subject of an application pursuant to such of the said Rules as are applicable in the circumstances.". 5. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) omitting the words "and rules of court" where they occur after the word " enactments "; (b) inserting after the words " of this Act " the words " and, all rules of court,".