Court of Petty Sessions (Civil Jurisdiction) (Amendment) Act (No 2) 1984 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Court of Petty Sessions (Civil Jurisdiction) (Amendment) Ordinance (No. 2) 1984

No. 77 of 1984

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 13 December 1984.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

GARETH EVANS

Attorney-General

An Ordinance to amend the Court of Petty Sessions (Civil Jurisdiction) Ordinance 1982

Short title

1.  This Ordinance may be cited as the Court of Petty Sessions (Civil Jurisdiction) (Amendment) Ordinance (No. 2) 1984.¹

Commencement

2.  This Ordinance shall come into operation on such date as is fixed by the Minister of State for Territories and Local Government by notice in the Gazette.

Principal Ordinance

3.  In this Ordinance, “Principal Ordinance” means the Court of Petty Sessions (Civil Jurisdiction) Ordinance 1982. ²

Filing of notice of grounds of defence

4.  Section 35 of the Principal Ordinance is amended by omitting from sub‑section (1) “before judgment (whether final or interlocutory)” and substituting “before final judgment”.

Summary judgment for plaintiff

5.  Section 136 of the Principal Ordinance is amended by omitting from sub-section (1) “the defendant in proceedings has filed a notice of grounds of defence and”.

6.  After section 306 of the Principal Ordinance the following section is inserted:

Inspection of records of default judgments

“306A.     Upon payment of the prescribed fee (if any), any person is entitled to inspect—

(a)a register of the court that contains particulars of—

(i)judgments that have been entered pursuant to section 41; or

(ii)the setting aside of any such judgments pursuant to section 219;

(b)the document or documents in such a register that contains or contain particulars of such a judgment or the setting aside of such a judgment; or

(c)a part of such a register specified in the regulations.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 19 December 1984.

2. No. 54, 1982 as amended by No. 76, 1984.