Courts Legislation Amendment Act 1995 (Qld)

Queensland COURTS LEGISLATION AMENDMENT ACT 1995 Act No. 23 of 1995

Queensland COURTS LEGISLATION AMENDMENT ACT 1995 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2—AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 3 (Interpretation—general) . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Amendment of s 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Insertion of new pts 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 7A—ADR PROCESSES Division 1—Preliminary 100A Objects of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2—Important terms 100B ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 100C Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 100D Case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3—Establishment of ADR processes 100E Approval of mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100F Approval of case appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100G ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100H Parties may agree to ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100I Court may consider and order reference to ADR process . . . . . . . . . 13 100J Parties must attend at ADR process if Supreme Court orders . . . . . 13

2 Courts Legislation Amendment No. 23, 1995 100K Procedure at case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 100L Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4—Party unable to pay share of costs 100M Party unable to pay share of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 5—What to do when ADR process is finished 100N Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 100O Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 100P Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 15 100Q Orders giving effect to mediation agreement . . . . . . . . . . . . . . . . . . 15 100R Orders giving effect to case appraiser’s decision . . . . . . . . . . . . . . . 16 Division 6—Confidentiality, protection and immunity 100S ADR convenors to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . 16 100T Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . 16 100U Admissions made to ADR convenors . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 7—Miscellaneous 100V Revocation of approval as mediator or case appraiser . . . . . . . . . . . 17 100W Appeal against refusal to approve and revocation of approval as mediator or case appraiser . . . . . . . . . . . . . . . . . . . . . . . 18 PART 7B—RULES OF COURT 100X Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 100Y Existing rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 Insertion of new s 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 110 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8 Relocation of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9 Insertion of new schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SCHEDULE 1 SUBJECT MATTER FOR RULES PART 1—GENERAL PART 2—ADR PROCESSES SCHEDULE 2 SUPREME COURTS ACTS AND JURISDICTION ACTS PART 1—SUPREME COURT ACTS PART 2—SUPREME COURT JURISDICTION ACTS

3 Courts Legislation Amendment No. 23, 1995 PART 3—AMENDMENT OF DISTRICT COURTS ACT 1967 10 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 12 Insertion of new pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 6A—ADR PROCESSES Division 1—Preliminary 91A Objects of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 2—Important terms 91B ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 91C Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91D Case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 3—Establishment of ADR processes 91E Approval of mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91F Approval of case appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91G ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91H Parties may agree to ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 91I Court may consider and order reference to ADR process . . . . . . . . . 33 91J Parties must attend at ADR process if District Court orders . . . . . . 33 91K Procedure at case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 91L Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4—Party unable to pay share of costs 91M Party unable to pay share of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 5—What to do when ADR process is finished 91N Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 91O Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 91P Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 36 91Q Orders giving effect to mediation agreement . . . . . . . . . . . . . . . . . . 36 91R Orders giving effect to case appraiser’s decision . . . . . . . . . . . . . . . 36 Division 6—Confidentiality, protection and immunity 91S ADR convenors to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . 36 91T Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . 37 91U Admissions made to ADR convenors . . . . . . . . . . . . . . . . . . . . . . . . . 37

4 Courts Legislation Amendment No. 23, 1995 Division 7—Miscellaneous 91V Revocation of approval as mediator or case appraiser . . . . . . . . . . . 38 13 Insertion of new s 94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 94A Appeal against refusal to approve and revocation of approval as mediator or case appraiser . . . . . . . . . . . . . . . . . . . . . . . 38 14 Replacement of s 101 (Power to make rules of court) . . . . . . . . . . . . . . . . . 38 101 Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 15 Insertion of new ss 111 and 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 111 Saving of existing rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 112 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 40 16 Insertion of new Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 SCHEDULE SUBJECT MATTER FOR RULES PART 1—GENERAL PART 2—ADR PROCESSES PART 4—AMENDMENT OF MAGISTRATES COURTS ACT 1921 17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 18 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 19 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 5—ADR PROCESSES Division 1—Preliminary 10B Objects of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2—Important terms 10C ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 10D Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 10E Case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 3—Establishment of ADR processes 10F Approval of mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 10G Approval of case appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10H ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10I Parties may agree to ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10J Court may consider and order reference to ADR process . . . . . . . . . 47

5 Courts Legislation Amendment No. 23, 1995 10K Parties must attend at ADR process if Magistrates Court orders . . . 48 10L Procedure at case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 10M Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 4—Party unable to pay share of costs 10N Party unable to pay share of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 5—What to do when ADR process is finished 10O Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 10P Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 10Q Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 50 10R Orders giving effect to mediation agreement . . . . . . . . . . . . . . . . . . 50 10S Orders giving effect to case appraiser’s decision . . . . . . . . . . . . . . . 50 Division 6—Confidentiality, protection and immunity 10T ADR convenors to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . 51 10U Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . 51 10V Admissions made to ADR convenors . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 7—Miscellaneous 10W Revocation of approval as mediator or case appraiser . . . . . . . . . . . 52 20 Insertion of new s 11AF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 11AF Appeal against refusal to approve and revocation of approval as mediator or case appraiser . . . . . . . . . . . . . . . . . . . . . . . 53 21 Insertion of new s 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 13C Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 22 Replacement of s 14 (Power to make rules of court) . . . . . . . . . . . . . . . . . . 53 14 Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 23 Replacement of s 16 (Existing rules of court) . . . . . . . . . . . . . . . . . . . . . . . . 54 16 Saving of existing rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 24 Insertion of new s 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 17 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 55 25 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 SCHEDULE SUBJECT MATTER FOR RULES PART 1—GENERAL PART 2—ADR PROCESSES

6 Courts Legislation Amendment No. 23, 1995 PART 5—AMENDMENT OF JUDICIAL REVIEW ACT 1991 26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 27 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 28 Replacement of s 18 (Act to operate despite existing laws) . . . . . . . . . . . . 59 18 Operation of other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 29 Omission of s 55 (Rules may provide for service etc.) . . . . . . . . . . . . . . . . . 60 30 Omission of pt 7 (Amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 31 Amendment of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 62 MINOR AMENDMENTS OF DISTRICT COURTS ACT 1967 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 69 MINOR AMENDMENTS OF MAGISTRATES COURTS ACT 1921

Queensland Courts Legislation Amendment Act 1995 Act No. 23 of 1995 An Act to amend various Acts to provide for court annexed mediation and case appraisal, and for other purposes [Assented to 11 April 1995]

s1 8 Courts Legislation Amendment The Parliament of Queensland enacts— s4 No. 23, 1995 PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Courts Legislation Amendment Act 1995 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. PART 2—AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 ˙ Act amended 3. This part amends the Supreme Court of Queensland Act 1991 . ˙ Amendment of s 3 (Interpretation—general) 4. Section 3(1)— insert— ‘ “ADR costs” means— (a) for a mediation— (i) the mediator’s fee; and (ii) the venue provider’s fee for providing the venue; and (iii) other costs prescribed under the rules; and (b) for a case appraisal—

s5 9 s5 Courts Legislation Amendment No. 23, 1995 (i) the case appraiser’s fee; and (ii) the venue provider’s fee for providing the venue; and (iii) other costs prescribed under the rules. “ADR convenor” means a mediator or case appraiser. “ADR dispute” means a dispute referred to an ADR process. “ADR process” see section 100B. “case appraisal” see section 100D. “case appraiser” means— (a) a case appraiser approved under section 100F; or (b) a Judge. “dispute” means— (a) a dispute in a proceeding; or (b) something else about which the parties are in dispute that may be dealt with in a mediation at the same time as an ADR dispute. “mediation” see section 100C. “mediator” means a mediator approved under section 100E. “party” means a party to a dispute. “referring order” means an order made under section 100I referring a dispute to an ADR process. “Supreme Court Acts” see schedule 2, part 1. “Supreme Court jurisdiction Act” means— (a) a Supreme Court Act; or (b) an Act mentioned in schedule 2, part 2; or (c) a law prescribed under a regulation for this definition.’. ˙ Amendment of s 75 5. Section 75(6)— omit, insert—

s 6 10 s 6 Courts Legislation Amendment No. 23, 1995 ‘ (6) Without limiting subsection (5), rules of court (other than rules under section 32) may be made under this or another Act, and a regulation may be made under this Act, only if a report and recommendation from the Commission, or a Division of the Commission, has been obtained on the matter.’. ˙ Insertion of new pts 7A and 7B 6. After part 7— insert— ‘ PART 7A—ADR PROCESSES ‘ Division 1—Preliminary ˙ ‘ Objects of part ‘ 100A. The objects of this part are— (a) to provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolutions of disputes; and (b) to introduce ADR processes into the court system to improve access to justice for litigants and to reduce cost and delay; and (c) to provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and (d) to safeguard ADR processes— (i) by ensuring they remain confidential; and (ii) by extending the same protection to participants in an ADR process they would have if the dispute were before the Supreme Court.

s 6 11 s 6 Courts Legislation Amendment No. 23, 1995 ‘ Division 2—Important terms ˙ ‘ ADR process ‘ 100B.(1) An “ADR process” is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute. ‘ (2) In division 6 1 , an “ADR process” includes all the steps involved in an ADR process, including, for example— (a) pre-mediation and post-mediation sessions; and (b) a case appraisal session; and (c) joint sessions; and (d) private sessions; and (e) another step prescribed under the rules. ˙ ‘ Mediation ‘ 100C. “Mediation” is a process under the rules under which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication. ˙ ‘ Case appraisal ‘ 100D.(1) “Case appraisal” is a process under the rules under which a case appraiser provisionally decides a dispute. ‘ (2) A case appraiser’s decision is not binding on the parties until— (a) the time prescribed under the rules for filing an election to go to trial has passed; and (b) the Supreme Court, by order, gives effect to the decision. 1 Confidentiality, protection and immunity

s 6 12 s 6 Courts Legislation Amendment No. 23, 1995 ‘ Division 3—Establishment of ADR processes ˙ ‘ Approval of mediators ‘ 100E. The Senior Judge Administrator, in consultation with the Chief Justice, may approve, or refuse to approve, a person as a mediator. ˙ ‘ Approval of case appraisers ‘ 100F. The Senior Judge Administrator, in consultation with the Chief Justice, may approve, or refuse to approve, a person as a case appraiser. ˙ ‘ ADR register ‘ 100G.(1) The registrar must keep a register of information about ADR processes. ‘ (2) The register may be kept in the form (whether or not in a documentary form) the registrar considers appropriate. ‘ (3) Without limiting subsection (2), the registrar may change the form in which a register or a part of a register is kept. ‘ (4) The register must contain— (a) the name and address of each mediator and each case appraiser (other than a Judge); and (b) other information prescribed under the rules; and (c) other information decided by the Senior Judge Administrator. ˙ ‘ Parties may agree to ADR process ‘ 100H.(1) The parties to a dispute may agree to refer their dispute to an ADR process. ‘ (2) If the parties agree to the referral, they must file a consent order in the form prescribed under the rules with the registrar. ‘ (3) A consent order filed under this section is taken to be a referring order.

s 6 13 s 6 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Court may consider and order reference to ADR process ‘ 100I.(1) The Supreme Court may require the parties or their representatives to attend before it to enable the court to decide whether the parties’ dispute should be referred to an ADR process. ‘ (2) The court may, by order ( “referring order” ), refer the dispute for mediation or case appraisal. ‘ (3) Without limiting the court’s discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal— (a) whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained; (b) the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence; (c) other circumstances justify an appraisal. ˙ ‘ Parties must attend at ADR process if Supreme Court orders ‘ 100J.(1) If a referring order is made, the parties— (a) must attend before the ADR convenor appointed to conduct the ADR process; and (b) must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order. ‘ (2) If a party impedes the ADR process, the Supreme Court may impose sanctions against the party, including, for example— (a) by ordering that any claim for relief by the defaulting party is stayed until further order; and (b) by taking the party’s action into account when awarding costs in the proceeding or in another related proceeding between the parties.

s 6 14 s 6 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Procedure at case appraisal ‘ 100K.(1) At a case appraisal, the case appraiser— (a) must decide the procedure to be used at the case appraisal; and (b) may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and (c) must finish the case appraisal as quickly as possible. ‘ (2) However, the case appraiser may, in special circumstances— (a) receive evidence; and (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser. ‘ (3) The Supreme Court may, at any time, give directions about procedure to be used at the case appraisal. ‘ (4) This section is subject to section 100L. ˙ ‘ Subpoenas ‘ 100L.(1) A person may be subpoenaed to appear at a case appraisal only by order of the Supreme Court. ‘ (2) A person may not be subpoenaed to appear at a mediation. ‘ (3) A person subpoenaed to appear at a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before the Supreme Court. ‘ Division 4—Party unable to pay share of costs ˙ ‘ Party unable to pay share of costs ‘ 100M.(1) If, at any time, the Supreme Court is of the opinion a party to an ADR process is unable, because of the party’s financial circumstances, to pay the party’s percentage of the ADR costs, the court may make an order appropriate in the circumstances. ‘ (2) Without limiting subsection (1), the order may provide—

s 6 15 s 6 Courts Legislation Amendment No. 23, 1995 (a) the reference to the ADR process be cancelled; or (b) the referring order be revoked and another referring order made. ‘ Division 5—What to do when ADR process is finished ˙ ‘ Mediated resolution agreement ‘ 100N.(1) If, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator. ‘ (2) The agreement has the same effect as any other compromise. ˙ ‘ Mediator to file certificate ‘ 100O. As soon as practicable after a mediation has finished, the mediator must file with the registrar a certificate about the mediation in the form prescribed under the rules. ˙ ‘ Case appraiser to file certificate and decision ‘ 100P. As soon as practicable after a case appraisal has finished, the case appraiser must file with the registrar— (a) a certificate about the case appraisal in the form prescribed under the rules; and (b) the case appraiser’s decision (if any). ˙ ‘ Orders giving effect to mediation agreement ‘ 100Q.(1) A party may apply to the Supreme Court for an order giving effect to an agreement reached after mediation. ‘ (2) However, a party may apply for the order only after the mediator’s certificate is filed with the registrar. ‘ (3) The court may make any order it considers appropriate in the circumstances.

s 6 16 s 6 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Orders giving effect to case appraiser’s decision ‘ 100R.(1) A party may apply to the Supreme Court for an order giving effect to a case appraiser’s decision after the time prescribed under the rules for electing to go to trial has passed. ‘ (2) However, a party may apply for the order before the time mentioned in subsection (1) if all parties agree. ‘ (3) The court may make any order it considers appropriate in the circumstances. ‘ Division 6—Confidentiality, protection and immunity ˙ ‘ ADR convenors to maintain secrecy ‘ 100S.(1) An ADR convenor must not, without reasonable excuse, disclose information coming to the convenor’s knowledge during an ADR process. Maximum penalty—50 penalty units. ‘ (2) It is a reasonable excuse to disclose information if the disclosure is made— (a) with the agreement of all the parties to the ADR process; or (b) for this part; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the ADR process; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or (f) under a requirement imposed under an Act. ˙ ‘ Ordinary protection and immunity allowed ‘ 100T.(1) In performing the functions of mediator or case appraiser, an ADR convenor has the same protection and immunity as a Judge

s 6 17 s 6 Courts Legislation Amendment No. 23, 1995 performing the functions of a Judge. ‘ (2) A party appearing in an ADR dispute has the same protection and immunity the party would have if the dispute were being heard before the Supreme Court. ‘ (3) A witness attending in an ADR dispute has the same protection and immunity as a witness attending before the Supreme Court. ‘ (4) A document produced at, or used for, an ADR dispute has the same protection during the ADR dispute it would have if produced before the Supreme Court. ‘ (5) In subsection (2)— “party” includes a party’s lawyer or agent. ˙ ‘ Admissions made to ADR convenors ‘ 100U.(1) Evidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or in another civil proceeding before the Supreme Court or elsewhere only if all parties to the dispute agree. ‘ (2) In subsection (1)— “civil proceeding” does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process. ‘ Division 7—Miscellaneous ˙ ‘ Revocation of approval as mediator or case appraiser ‘ 100V.(1) The Senior Judge Administrator, in consultation with the Chief Justice, may revoke the approval of a person as a mediator or case appraiser. ‘ (2) The Senior Judge Administrator must give the person a statement of reasons for the revocation.

s 6 18 s 6 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Appeal against refusal to approve and revocation of approval as mediator or case appraiser ‘ 100W. An appeal lies to the Court of Appeal, by leave of that court, against— (a) a refusal to approve a person as a mediator or case appraiser; or (b) the revocation of approval of a person as a mediator or case appraiser. ‘ PART 7B—RULES OF COURT ˙ ‘ Rule making power ‘ 100X.(1) The Governor in Council, with the agreement of 2 or more Judges, may make rules of court under this Act for a jurisdiction law. ‘ (2) Without limiting subsection (1), a rule may make provision about any matter that— (a) is required or permitted to be prescribed under a jurisdiction law; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to a jurisdiction law. ‘ (3) Without limiting subsections (1) and (2), a rule may also make provision about— (a) the practices and procedures of the Supreme Court and its registries; or (b) another matter mentioned in schedule 1. ‘ (4) This section does not affect section 32. 2 ‘ (5) In this section— 2 Under section 32, the President of the Court of Appeal may make rules with respect to the practices and procedures of the Court of Appeal.

s 7 19 s 7 Courts Legislation Amendment No. 23, 1995 “jurisdiction law” means— (a) this Act; or (b) a Supreme Court jurisdiction Act; or (c) another law giving jurisdiction to the Supreme Court. ˙ ‘ Existing rules of court ‘ 100Y.(1) A rule of court made under a jurisdiction law and in force immediately before the commencement (an “existing rule” )— (a) is of the same authority, force and effect as if it were an Act; and (b) must be judicially noticed; and (c) cannot be questioned in any legal proceeding. ‘ (2) An existing rule is taken to be made under this Act. ‘ (3) Subsection (1) applies to an existing rule from the commencement of the rule and subsection (2) applies to an existing rule from the commencement of this section. ‘ (4) This section does not apply to a rule of court made by the President of the Court of Appeal under section 32. ‘ (5) This section is a law to which the ActsInterpretationAct1954 , section 20A applies. ‘ (6) This section expires 1 year after it commences.’. ˙ Insertion of new s 110 7. After section 109— insert— ˙ ‘ Numbering and renumbering of Act ‘ 110. The Reprints Act 1992 , section 43 (Numbering and renumbering of provisions) must be used in the next reprint of this Act produced under the Reprints Act 1992 .’.

s 8 20 Courts Legislation Amendment ˙ Relocation of pt 9 8. Part 9— relocate as part 7C. s9 No. 23, 1995 ˙ Insertion of new schs 1 and 2 9. At the end of the Act— insert— ‘ SCHEDULE 1 ‘ SUBJECT MATTER FOR RULES section 100X ‘ PART 1—GENERAL ‘ Jurisdiction generally ‘ 1. Jurisdiction of the Supreme Court, including, for example, its civil, criminal and appellate jurisdiction of the court. ‘ Jurisdiction of Judge in chambers or Master ‘ 2. Jurisdiction of a Judge in chambers or Master. ‘ Jurisdiction of registrars and other officers of the Supreme Court ‘ 3. Jurisdiction of registrars and other officers of the Supreme Court. ‘ Appeals from registrars and other officers ‘ 4. Appeals from registrars and other officers of the Supreme Court.

s 9 21 s 9 Courts Legislation Amendment No. 23, 1995 ‘ Practice and procedure in criminal jurisdiction ‘ 5. Practice and procedure in the criminal jurisdiction of the Supreme Court, other courts and justices, including, for example, the following— (a) the form of complaint, summons, deposition, indictment, judgment, record, conviction, warrant, recognisance, or other proceeding, to be used in a court or before a justice for an offence or the way in which a form may be approved; (b) regulating the proceedings on the trial of a person charged with an offence; (c) the detention of an appellant in a criminal appeal and the safe custody of any property pending the appeal, or application for leave to appeal, or new trial; (d) the sitting of the Court of Appeal, if necessary, during a vacation; (e) the taking of shorthand notes and the making of transcripts of the notes; (f) applications for and supplying notes of trial and reports by Judges of courts of trial. ‘ Service of documents ‘ 6. Practice and procedure of the Supreme Court in relation to the service of documents inside and outside the State, including outside Australia. ‘ Admission of legal practitioners ‘ 7. Admitting barristers, solicitors and conveyancers of the Supreme Court, including qualifications for and conditions of admission. ‘ Costs ‘ 8. Costs payable to barristers, solicitors and conveyancers in any cause or matter, including regulating (by court order, scale or otherwise) and taxing the costs.

s 9 22 s 9 Courts Legislation Amendment No. 23, 1995 ‘ Apportioning costs ‘ 9. Apportioning the costs of issues. ‘ Fees ‘ 10. Fees payable to the Supreme Court, including fees worked out by reference to a percentage. ‘ Pleadings ‘ 11. Pleadings, including dispensing with pleadings. ‘ Transfer between courts ‘ 12. Transferring a cause, matter, action or proceeding between courts, including costs and procedures for the transfer. ‘ Writs of inquiry ‘ 13. Writs of inquiry to have issues of fact tried in a Magistrates Court or by a Judge or registrar. ‘ Enlarging time ‘ 14. Enlarging time, including enlarging the number of days allowed by a jurisdiction law for the return of a writ. ‘ Referral to arbitration ‘ 15. Referring a cause or matter to arbitration under the CommercialArbitration Act 1990 . ‘ Commissions and requests for arbitrations ‘ 16. Issuing commissions or requests for the examination of witnesses outside Queensland (including outside Australia) for an arbitration under the Commercial Arbitration Act 1990 .

s 9 23 s 9 Courts Legislation Amendment No. 23, 1995 ‘ Debts and liabilities of deceased persons ‘ 17. Debts and liabilities of deceased persons for the Equity Act 1867 . ‘ Proceedings against estates of deceased persons ‘ 18. Enabling a proceeding to be commenced against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) if no grant has been made. ‘ Proceedings against persons who have died ‘ 19. Enabling a proceeding purported to be commenced against any person who has died to be treated as having been commenced against the person’s estate. ‘ Maintenance of proceedings against estates of deceased persons ‘ 20. Enabling a proceeding commenced or treated as commenced against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) against a person appointed to represent the estate or, if a grant is made, against the personal representatives. ‘ Service required etc. to be made on estate of deceased person ‘ 21. Service of a proceeding against, or any document required or permitted to be served in relation to, the estate of a deceased person, including the persons on whom service should be effected and enlarging the time for service. ‘ Dispensing with rules of evidence ‘ 22. Dispensing with rules of evidence about the proof of something not genuinely in dispute or that may otherwise cause expense or delay without compensating advantage.

s 9 24 s 9 Courts Legislation Amendment No. 23, 1995 ‘ Disclosure and inspection ‘ 23. Disclosure and inspection. ‘ Admissions ‘ 24. Admissions about questions of fact. ‘ Recording evidence ‘ 25. Recording evidence. ‘ Payment into and out of court etc. ‘ 26. Paying amounts and transferring things into and out of court. ‘ Investments of amounts ‘ 27. Investing amounts paid into court. ‘ Execution and enforcement ‘ 28. Executing and enforcing court orders. ‘ Regulation of persons and things ‘ 29. The regulation of persons and things in relation to any matter mentioned in items 1 to 28 or 30. ‘ Functions etc. of persons ‘ 30. The functions, entitlements, obligations and powers of persons in relation to any matter mentioned in items 1 to 29.

s 9 25 s 9 Courts Legislation Amendment No. 23, 1995 ‘ PART 2—ADR PROCESSES ‘ Approval of mediator or case appraiser ‘ 1. Experience and qualifications for approval as a mediator or case appraiser. ‘ Staying proceedings ‘ 2. Staying proceedings, and the power of the Supreme Court to stay proceedings, until an ADR process is finished. ‘ Costs ‘ 3. Persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid. ‘ Jurisdiction ‘ 4. Jurisdiction of a case appraiser at a case appraisal. ‘ Seeking independent advice or information ‘ 5. Ability of a mediator or case appraiser to seek independent advice or information. ‘ Time for processes ‘ 6. Time within which an ADR process should be finished (which may be a time specified by the court). ‘ Conduct of processes ‘ 7. Conduct of an ADR process.

s 9 26 s 9 Courts Legislation Amendment No. 23, 1995 ‘ Confidentiality ‘ 8. Confidentiality of a mediated agreement or case appraiser’s decision. ‘ Powers, procedures etc. applying to arbitrations ‘ 9. Applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 1990 . ‘ Penalties ‘ 10. Imposing penalties against a party who fails to cooperate in an ADR process.’.

s 9 27 s 9 Courts Legislation Amendment No. 23, 1995 ‘ SCHEDULE 2 ‘ SUPREME COURTS ACTS AND JURISDICTION ACTS section 3 of the Act ‘ PART 1—SUPREME COURT ACTS Commercial Causes Act 1910 Common Law Pleading Act 1867 Common Law Process Act 1867 Costs Act 1867 Equity Act 1867 Equity Procedure Act 1873 Evidence And Discovery Act 1867 Interdict Act 1867 Judicature Act 1876 Legal Practitioners Act Amendment Act 1938 Legal Practitioners Act Amendment Act 1968 Sheriff’s Act 1875 Solicitors Act 1891 Supreme Court Act 1867 Supreme Court Act 1874 Supreme Court Act 1892 Supreme Court Act 1893 Supreme Court Act 1895

s 9 28 Courts Legislation Amendment Supreme Court Act 1899 Supreme Court Act 1921 Supreme Court Acts Amendment Act (No. 2) 1958 Supreme Court Constitution Amendment Act 1861 Writs of Dedimus Act 1871. s9 No. 23, 1995 ‘ PART 2—SUPREME COURT JURISDICTION ACTS Appeal Costs Fund Act 1973 Charitable Funds Act 1958 Commercial Arbitration Act 1990 Common Law Practice Act 1867 Corporations Law Court Funds Act 1973 Criminal Code Criminal Code Act 1899 Crown Proceedings Act 1980 Evidence Act 1977 Judicial Review Act 1991 Jury Act 1929 Justices Act 1886 Penalties and Sentences Act 1992 Public Trustee Act 1978 Succession Act 1981 Traffic Act 1949.’.

s 10 29 s 11 Courts Legislation Amendment No. 23, 1995 PART 3—AMENDMENT OF DISTRICT COURTS ACT 1967 ˙ Act amended 10. This part and schedule 1 amend the District Courts Act 1967 . ˙ Amendment of s 4 (Interpretation) 11.(1) Section 4, heading— omit, insert— ‘ Definitions ’. (2) Section 4, definition “rules of court”— omit. (3) Section 4— insert— ‘ “ADR costs” means— (a) for a mediation— (i) the mediator’s fee; and (ii) the venue provider’s fee for providing the venue; and (iii) other costs prescribed under the rules; and (b) for a case appraisal— (i) the case appraiser’s fee; and (ii) the venue provider’s fee for providing the venue; and (iii) other costs prescribed under the rules. “ADR convenor” means a mediator or case appraiser. “ADR dispute” means a dispute referred to an ADR process. “ADR process” see section 91B. “case appraisal” see section 91D.

s 12 30 s 12 Courts Legislation Amendment No. 23, 1995 “case appraiser” means— (a) a case appraiser approved under section 91F; or (b) a Judge. “dispute” means— (a) a dispute in an action; or (b) something else about which the parties are in dispute that may be dealt with in a mediation at the same time as an ADR dispute. “District Courts jurisdiction Act” means— (a) the Commercial Arbitration Act 1990 ; or (b) the District Courts (Venue of Appeals) Act 1988 ; or (c) a law prescribed under a regulation for this definition. “mediation” see section 91C. “mediator” means a mediator approved under section 91E. “party” means a party to a dispute. “referring court” , of a mediation or case appraisal, means the District Court that referred the action to mediation or case appraisal. “referring order” means an order made under section 91I referring a dispute to an ADR process. “rules” means rules of court under this Act.’. ˙ Insertion of new pt 6A 12. After part 6— insert— ‘ PART 6A—ADR PROCESSES ‘ Division 1—Preliminary

s 12 31 s 12 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Objects of part ‘ 91A. The objects of this part are— (a) to provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolutions of disputes; and (b) to introduce ADR processes into the court system to improve access to justice for litigants and to reduce cost and delay; and (c) to provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and (d) to safeguard ADR processes— (i) by ensuring they remain confidential; and (ii) by extending the same protection to participants in an ADR process they would have if the dispute were before a District Court. ‘ Division 2—Important terms ˙ ‘ ADR process ‘ 91B.(1) An “ADR process” is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute. ‘ (2) In division 6 3 , an “ADR process” includes all the steps involved in an ADR process, including, for example— (a) pre-mediation and post-mediation sessions; and (b) a case appraisal session; and (c) joint sessions; and (d) private sessions; and (e) another step prescribed under the rules. 3 Confidentiality, protection and immunity

s 12 32 s 12 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Mediation ‘ 91C. “Mediation” is a process under the rules under which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication. ˙ ‘ Case appraisal ‘ 91D.(1) “Case appraisal” is a process under the rules under which a case appraiser provisionally decides a dispute. ‘ (2) A case appraiser’s decision is not binding on the parties until— (a) the time prescribed by the rules for filing an election to go to trial has passed; and (b) a District Court, by order, gives effect to the decision. ‘ Division 3—Establishment of ADR processes ˙ ‘ Approval of mediators ‘ 91E. The Chief Judge may approve, or refuse to approve, a person as a mediator. ˙ ‘ Approval of case appraisers ‘ 91F. The Chief Judge may approve, or refuse to approve, a person as a case appraiser. ˙ ‘ ADR register ‘ 91G.(1) The registrar of the Supreme Court must keep a register of information about ADR processes. ‘ (2) The register may be kept in the form (whether or not in a documentary form) the registrar considers appropriate. ‘ (3) Without limiting subsection (2), the registrar may change the form in which a register or a part of a register is kept. ‘ (4) The register must contain—

s 12 33 s 12 Courts Legislation Amendment No. 23, 1995 (a) the name and address of each mediator and each case appraiser (other than a Judge); and (b) other information prescribed under the rules; and (c) other information decided by the Senior Judge Administrator of the Supreme Court. ˙ ‘ Parties may agree to ADR process ‘ 91H.(1) The parties to a dispute may agree to refer their dispute to an ADR process. ‘ (2) If the parties agree to the referral, they must file a consent order in the form prescribed under the rules with the registrar. ‘ (3) A consent order filed under this section is taken to be a referring order. ˙ ‘ Court may consider and order reference to ADR process ‘ 91I.(1) A District Court may require the parties or their representatives to attend before it to enable the court to decide whether the parties’ dispute should be referred to an ADR process. ‘ (2) The court may, by order ( “referring order” ), refer the dispute for mediation or case appraisal. ‘ (3) Without limiting the court’s discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal— (a) whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained; (b) the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence; (c) other circumstances justify an appraisal. ˙ ‘ Parties must attend at ADR process if District Court orders ‘ 91J.(1) If a referring order is made, the parties—

s 12 34 s 12 Courts Legislation Amendment No. 23, 1995 (a) must attend before the ADR convenor appointed to conduct the ADR process; and (b) must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order. ‘ (2) If a party impedes the ADR process, a District Court may impose sanctions against the party, including, for example— (a) by ordering that any claim for relief by the defaulting party is stayed until further order; and (b) by taking the party’s action into account when awarding costs in the proceeding or in another related proceeding between the parties. ˙ ‘ Procedure at case appraisal ‘ 91K.(1) At a case appraisal, the case appraiser— (a) must decide the procedure to be used at the case appraisal; and (b) may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and (c) must finish the case appraisal as quickly as possible. ‘ (2) However, the case appraiser may, in special circumstances— (a) receive evidence; and (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser. ‘ (3) A District Court may, at any time, give directions about procedure to be used at the case appraisal. ‘ (4) This section is subject to section 91L. ˙ ‘ Subpoenas ‘ 91L.(1) A person may be subpoenaed to appear at a case appraisal only by order of a District Court.

s 12 35 s 12 Courts Legislation Amendment No. 23, 1995 ‘ (2) A person may not be subpoenaed to appear at a mediation. ‘ (3) A person subpoenaed to appear at a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before a District Court. ‘ Division 4—Party unable to pay share of costs ˙ ‘ Party unable to pay share of costs ‘ 91M.(1) If, at any time, a District Court is of the opinion a party to an ADR process is unable, because of the party’s financial circumstances, to pay the party’s percentage of the ADR costs, the court may make an order appropriate in the circumstances. ‘ (2) Without limiting subsection (1), the order may provide— (a) the reference to the ADR process be cancelled; or (b) the referring order be revoked and another referring order made. ‘ Division 5—What to do when ADR process is finished ˙ ‘ Mediated resolution agreement ‘ 91N.(1) If, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator. ‘ (2) The agreement has the same effect as any other compromise. ˙ ‘ Mediator to file certificate ‘ 91O. As soon as practicable after a mediation has finished, the mediator must file with the registrar of the referring court a certificate about the mediation in the form prescribed under the rules.

s 12 36 s 12 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Case appraiser to file certificate and decision ‘ 91P. As soon as practicable after a case appraisal has finished, the case appraiser must file with the registrar of the referring court— (a) a certificate about the case appraisal in the form prescribed under the rules; and (b) the case appraiser’s decision (if any). ˙ ‘ Orders giving effect to mediation agreement ‘ 91Q.(1) A party may apply to a District Court for an order giving effect to an agreement reached after mediation. ‘ (2) However, a party may apply for the order only after the mediator’s certificate is filed with the registrar of the referring court. ‘ (3) The court may make any order it considers appropriate in the circumstances. ˙ ‘ Orders giving effect to case appraiser’s decision ‘ 91R.(1) A party may apply to a District Court for an order giving effect to a case appraiser’s decision after the time prescribed under the rules for electing to go to trial has passed. ‘ (2) However, a party may apply for the order before the time mentioned in subsection (1) if all parties agree. ‘ (3) The court may make any order it considers appropriate in the circumstances. ‘ Division 6—Confidentiality, protection and immunity ˙ ‘ ADR convenors to maintain secrecy ‘ 91S.(1) An ADR convenor must not, without reasonable excuse, disclose information coming to the convenor’s knowledge during an ADR process. Maximum penalty—50 penalty units.

s 12 37 s 12 Courts Legislation Amendment No. 23, 1995 ‘ (2) It is a reasonable excuse to disclose information if the disclosure is made— (a) with the agreement of all the parties to the ADR process; or (b) for this part; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the ADR process; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or (f) under a requirement imposed under an Act. ˙ ‘ Ordinary protection and immunity allowed ‘ 91T.(1) In performing the functions of mediator or case appraiser, an ADR convenor has the same protection and immunity as a Judge performing the functions of a Judge. ‘ (2) A party appearing in an ADR dispute has the same protection and immunity the party would have if the dispute were being heard before a District Court. ‘ (3) A witness attending in an ADR dispute has the same protection and immunity as a witness attending before a District Court. ‘ (4) A document produced at, or used for, an ADR dispute has the same protection during the ADR dispute it would have if produced before a District Court. ‘ (5) In subsection (2)— “party” includes a party’s lawyer or agent. ˙ ‘ Admissions made to ADR convenors ‘ 91U.(1) Evidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or in another civil proceeding before a District Court or elsewhere only if all parties to the dispute agree.

s 13 38 s 14 Courts Legislation Amendment No. 23, 1995 ‘ (2) In subsection (1)— “civil proceeding” does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process. ‘ Division 7—Miscellaneous ˙ ‘ Revocation of approval as mediator or case appraiser ‘ 91V.(1) The Chief Judge may revoke the approval of a person as a mediator or case appraiser. ‘ (2) The Chief Judge must give the person a statement of reasons for the revocation.’. ˙ Insertion of new s 94A 13. After section 94, in part 7, division 1— insert— ˙ ‘ Appeal against refusal to approve and revocation of approval as mediator or case appraiser ‘ 94A. An appeal lies to the Court of Appeal, by leave of that court, against— (a) a refusal to approve a person as a mediator or case appraiser; or (b) the revocation of approval of a person as a mediator or case appraiser.’. ˙ Replacement of s 101 (Power to make rules of court) 14. Section 101— omit, insert— ˙ ‘ Rule making power ‘ 101.(1) The Governor in Council, with the agreement of the Chief Judge and 5 or more other Judges, may make rules of court under this Act for a

s 15 39 s 15 Courts Legislation Amendment No. 23, 1995 jurisdiction law. ‘ (2) Without limiting subsection (1), a rule may make provision about any matter that— (a) is required or permitted to be prescribed under a jurisdiction law; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to a jurisdiction law. ‘ (3) Without limiting subsections (1) and (2), a rule may also make provision about— (a) the practices and procedures of District Courts and their registries; or (b) another matter mentioned in the schedule. ‘ (4) In this section— “jurisdiction law” means— (a) this Act; or (b) a District Courts jurisdiction Act; or (c) another law giving jurisdiction to District Courts.’. ˙ Insertion of new ss 111 and 112 15. After section 110— insert— ˙ ‘ Saving of existing rules of court ‘ 111.(1) In this section— “former section 101” means section 101 as in force immediately before the commencement. “new section 101” means section 101 as in force immediately after the commencement. ‘ (2) This section applies to a rule made under the former section 101 and in force immediately before the commencement.

s 16 40 s 16 Courts Legislation Amendment No. 23, 1995 ‘ (3) The rule continues in force after the commencement as if it were made under the new section 101. ‘ (4) This section is a law to which the ActsInterpretationAct1954 , section 20A applies. ‘ (5) This section expires 2 years after it is made. ˙ ‘ Numbering and renumbering of Act ‘ 112. Section 43 (Numbering and renumbering of provisions) of the ReprintsAct1992 must be used in the next reprint of this Act produced under the Reprints Act 1992 .’. ˙ Insertion of new Schedule 16. At the end— insert— ‘ SCHEDULE ‘ SUBJECT MATTER FOR RULES section 101 of the Act‘ PART 1—GENERAL ‘ Jurisdiction of Judge in chambers ‘ 1. Jurisdiction of a Judge in chambers. ‘ Jurisdiction of registrars and other officers ‘ 2. Jurisdiction of registrars and other officers of District Courts.

s 16 41 s 16 Courts Legislation Amendment No. 23, 1995 ‘ Appeals from registrars and other officers ‘ 3. Appeals from registrars and other officers of District Courts. ‘ Keeping records by registrars ‘ 4. How books, entries and accounts (whether or not in documentary form) are to be kept by registrars. ‘ Times for appearances etc. ‘ 5. Times for appearing to plaints and summonses, for filing and serving notices of defence. ‘ Particulars of plaint etc. ‘ 6. Particulars to be given in a plaint or defence, including set-offs and counterclaims. ‘ Service of documents ‘ 7. Practice and procedure of District Courts in relation to the service of documents inside and outside the State, including outside Australia. ‘ Costs ‘ 8. Costs to be allowed to barristers and solicitors, and expenses to be paid to witnesses. ‘ Fees ‘ 9. Fees of court, and when, how and by whom the fees are payable. ‘ Forms ‘ 10. Forms.

s 16 42 s 16 Courts Legislation Amendment No. 23, 1995 ‘ Taking notes of trial ‘ 11. The taking of the notes of the trial or hearing of any action or matter. ‘ PART 2—ADR PROCESSES ‘ Approval of mediator or case appraiser ‘ 1. Experience and qualifications for approval as a mediator or case appraiser. ‘ Staying proceedings ‘ 2. Staying proceedings, and the power of District Courts to stay proceedings, until an ADR process is finished. ‘ Costs ‘ 3. Persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid. ‘ Jurisdiction ‘ 4. Jurisdiction of a case appraiser at a case appraisal. ‘ Seeking independent advice or information ‘ 5. Ability of a mediator or case appraiser to seek independent advice or information. ‘ Time for processes ‘ 6. Time within which an ADR process should be finished (which may be a time specified by the court).

s 17 43 s 18 Courts Legislation Amendment No. 23, 1995 ‘ Conduct of processes ‘ 7. Conduct of an ADR process. ‘ Confidentiality ‘ 8. Confidentiality of a mediated agreement or case appraiser’s decision. ‘ Powers, procedures etc. applying to arbitrations ‘ 9. Applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 1990 . ‘ Penalties ‘ 10. Imposing penalties against a party who fails to cooperate in an ADR process.’. PART 4—AMENDMENT OF MAGISTRATES COURTS ACT 1921 ˙ Act amended 17. This part and schedule 2 amend the Magistrates Courts Act 1921 . ˙ Amendment of s 2 (Interpretation) 18.(1) Section 2, heading— omit, insert— ‘ Definitions ’. (2) Section 2— insert— ‘ “ADR costs” means—

s 18 44 s 18 Courts Legislation Amendment No. 23, 1995 (a) for a mediation— (i) the mediator’s fee; and (ii) the venue provider’s fee for providing the venue; and (iii) other costs prescribed under the rules; and (b) for a case appraisal— (i) the case appraiser’s fee; and (ii) the venue provider’s fee for providing the venue; and (iii) other costs prescribed under the rules. “ADR convenor” means a mediator or case appraiser. “ADR dispute” means a dispute referred to an ADR process. “ADR process” see section 10C. “case appraisal” see section 10E. “case appraiser” means— (a) a case appraiser approved under section 10G; or (b) a Magistrate. “dispute” means— (a) a dispute in an action; or (b) something else about which the parties are in dispute that may be dealt with in a mediation at the same time as an ADR dispute. “mediation” see section 10D. “mediator” means a mediator approved under section 10F. “party” means a party to a dispute. “referring court” , of a mediation or case appraisal, means the Magistrates Court that referred the action to mediation or case appraisal. “referring order” means an order made under section 10I referring a dispute to an ADR process. “rules” means rules of court under this Act. “Small Debts Court” see section 4I(2).’.

s 19 45 s 19 Courts Legislation Amendment No. 23, 1995 ˙ Insertion of new pt 5 19. After section 10A— insert— ‘ PART 5—ADR PROCESSES ‘ Division 1—Preliminary ˙ ‘ Objects of part ‘ 10B. The objects of this part are— (a) to provide an opportunity for litigants to participate in ADR processes in order to achieve negotiated settlements and satisfactory resolutions of disputes; and (b) to introduce ADR processes into the court system to improve access to justice for litigants and to reduce cost and delay; and (c) to provide a legislative framework allowing ADR processes to be conducted as quickly, and with as little formality and technicality, as possible; and (d) to safeguard ADR processes— (i) by ensuring they remain confidential; and (ii) by extending the same protection to participants in an ADR process they would have if the dispute were before a Magistrates Court. ‘ Division 2—Important terms ˙ ‘ ADR process ‘ 10C.(1) An “ADR process” is a process of mediation or case appraisal under which the parties are helped to achieve an early, inexpensive settlement or resolution of their dispute.

s 19 46 s 19 Courts Legislation Amendment No. 23, 1995 ‘ (2) In division 6 4 , an “ADR process” includes all the steps involved in an ADR process, including, for example— (a) pre-mediation and post-mediation sessions; and (b) a case appraisal session; and (c) joint sessions; and (d) private sessions; and (e) another step prescribed under the rules. ˙ ‘ Mediation ‘ 10D. “Mediation” is a process under the rules under which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication. ˙ ‘ Case appraisal ‘ 10E.(1) “Case appraisal” is a process under the rules under which a case appraiser provisionally decides a dispute. ‘ (2) A case appraiser’s decision is not binding on the parties until— (a) the time prescribed by the rules for filing an election to go to trial has passed; and (b) a Magistrates Court, by order, gives effect to the decision. ‘ Division 3—Establishment of ADR processes ˙ ‘ Approval of mediators ‘ 10F. The Chief Stipendiary Magistrate may approve, or refuse to approve, a person as a mediator. 4 Confidentiality, protection and immunity

s 19 47 s 19 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Approval of case appraisers ‘ 10G. The Chief Stipendiary Magistrate may approve, or refuse to approve, a person as a case appraiser. ˙ ‘ ADR register ‘ 10H.(1) The registrar of a Magistrates Court in Brisbane nominated by the Chief Stipendiary Magistrate for the purpose must keep a register of information about ADR processes. ‘ (2) The register may be kept in the form (whether or not in a documentary form) the registrar considers appropriate. ‘ (3) Without limiting subsection (2), the registrar may change the form in which a register or a part of a register is kept. ‘ (4) The register must contain— (a) the name and address of each mediator and each case appraiser (other than a Magistrate); and (b) other information prescribed under the rules; and (c) other information decided by the Chief Stipendiary Magistrate. ˙ ‘ Parties may agree to ADR process ‘ 10I.(1) The parties to a dispute may agree to refer their dispute to an ADR process. ‘ (2) If the parties agree to the referral, they must file a consent order in the form prescribed under the rules with the registrar. ‘ (3) A consent order filed under this section is taken to be a referring order. ˙ ‘ Court may consider and order reference to ADR process ‘ 10J.(1) A Magistrates Court may require the parties or their representatives to attend before it to enable the court to decide whether the parties’ dispute should be referred to an ADR process.

s 19 48 s 19 Courts Legislation Amendment No. 23, 1995 ‘ (2) The court may, by order ( “referring order” ), refer the dispute for mediation or case appraisal. ‘ (3) Without limiting the court’s discretion, the court may take the following matters into account when deciding whether to refer a dispute to case appraisal— (a) whether the costs of litigating the dispute to the end are likely to be disproportionate to the benefit gained; (b) the likelihood of an appraisal producing a compromise or an abandonment of a claim or defence; (c) other circumstances justify an appraisal. ˙ ‘ Parties must attend at ADR process if Magistrates Court orders ‘ 10K.(1) If a referring order is made, the parties— (a) must attend before the ADR convenor appointed to conduct the ADR process; and (b) must not impede the ADR convenor in conducting and finishing the ADR process within the time allowed under the referring order. ‘ (2) If a party impedes the ADR process, a Magistrates Court may impose sanctions against the party, including, for example— (a) by ordering that any claim for relief by the defaulting party is stayed until further order; and (b) by taking the party’s action into account when awarding costs in the proceeding or in another related proceeding between the parties. ˙ ‘ Procedure at case appraisal ‘ 10L.(1) At a case appraisal, the case appraiser— (a) must decide the procedure to be used at the case appraisal; and (b) may adopt any procedure that will, in the case appraiser’s opinion, enable a sound opinion of the likely outcome of the dispute to be reached; and

s 19 49 s 19 Courts Legislation Amendment No. 23, 1995 (c) must finish the case appraisal as quickly as possible. ‘ (2) However, the case appraiser may, in special circumstances— (a) receive evidence; and (b) examine witnesses, and administer oaths to witnesses, who have been lawfully called before the case appraiser. ‘ (3) A Magistrates Court may, at any time, give directions about procedure to be used at the case appraisal. ‘ (4) This section is subject to section 10M. ˙ ‘ Subpoenas ‘ 10M.(1) A person may be subpoenaed to appear at a case appraisal only by order of a Magistrates Court. ‘ (2) A person may not be subpoenaed to appear at a mediation. ‘ (3) A person subpoenaed to appear at a case appraisal must not be compelled to answer a question, or produce a document, the person could not be compelled to answer or produce before a Magistrates Court. ‘ Division 4—Party unable to pay share of costs ˙ ‘ Party unable to pay share of costs ‘ 10N.(1) If, at any time, a Magistrates Court is of the opinion a party to an ADR process is unable, because of the party’s financial circumstances, to pay the party’s percentage of the ADR costs, the court may make an order appropriate in the circumstances. ‘ (2) Without limiting subsection (1), the order may provide— (a) the reference to the ADR process be cancelled; or (b) the referring order be revoked and another referring order made.

s 19 50 s 19 Courts Legislation Amendment No. 23, 1995 ‘ Division 5—What to do when ADR process is finished ˙ ‘ Mediated resolution agreement ‘ 10O.(1) If, at a mediation, the parties agree on a resolution of their dispute or part of it, the agreement must be written down and signed by or for each party and by the mediator. ‘ (2) The agreement has the same effect as any other compromise. ˙ ‘ Mediator to file certificate ‘ 10P. As soon as practicable after a mediation has finished, the mediator must file with the registrar of the referring court a certificate about the mediation in the form prescribed under the rules. ˙ ‘ Case appraiser to file certificate and decision ‘ 10Q. As soon as practicable after a case appraisal has finished, the case appraiser must file with the registrar of the referring court— (a) a certificate about the case appraisal in the form prescribed under the rules; and (b) the case appraiser’s decision (if any). ˙ ‘ Orders giving effect to mediation agreement ‘ 10R.(1) A party may apply to a Magistrates Court for an order giving effect to an agreement reached after mediation. ‘ (2) However, a party may apply for the order only after the mediator’s certificate is filed with the registrar of the referring court. ‘ (3) The Court may make any order it considers appropriate in the circumstances. ˙ ‘ Orders giving effect to case appraiser’s decision ‘ 10S.(1) A party may apply to a Magistrates Court for an order giving effect to a case appraiser’s decision after the time prescribed under the rules

s 19 51 s 19 Courts Legislation Amendment No. 23, 1995 for electing to go to trial has passed. ‘ (2) However, a party may apply for the order before the time mentioned in subsection (1) if all parties agree. ‘ (3) The court may make any order it considers appropriate in the circumstances. ‘ Division 6—Confidentiality, protection and immunity ˙ ‘ ADR convenors to maintain secrecy ‘ 10T.(1) An ADR convenor must not, without reasonable excuse, disclose information coming to the convenor’s knowledge during an ADR process. Maximum penalty—50 penalty units. ‘ (2) It is a reasonable excuse to disclose information if the disclosure is made— (a) with the agreement of all the parties to the ADR process; or (b) for this part; or (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or (d) for an inquiry or proceeding about an offence happening during the ADR process; or (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or (f) under a requirement imposed under an Act. ˙ ‘ Ordinary protection and immunity allowed ‘ 10U.(1) In performing the functions of mediator or case appraiser, an ADR convenor has the same protection and immunity as a Magistrate performing the functions of a Magistrate. ‘ (2) A party appearing in an ADR dispute has the same protection and immunity the party would have if the dispute were being heard before a

s 20 52 s 20 Courts Legislation Amendment No. 23, 1995 Magistrates Court. ‘ (3) A witness attending in an ADR dispute has the same protection and immunity as a witness attending before a Magistrates Court. ‘ (4) A document produced at, or used for, an ADR dispute has the same protection during the ADR dispute it would have if produced before a Magistrates Court. ‘ (5) In subsection (2)— “party” includes a party’s lawyer or agent. ˙ ‘ Admissions made to ADR convenors ‘ 10V.(1) Evidence of anything done or said, or an admission made, at an ADR process about the dispute is admissible at the trial of the dispute or before another civil proceeding in a Magistrates Court or elsewhere only if all the parties to the dispute agree. ‘ (2) In subsection (1)— “civil proceeding” does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process. ‘ Division 7—Miscellaneous ˙ ‘ Revocation of approval as mediator or case appraiser ‘ 10W.(1) The Chief Stipendiary Magistrate may revoke the approval of a person as a mediator or case appraiser. ‘ (2) The Chief Stipendiary Magistrate must give the person a statement of reasons for the revocation.’. ˙ Insertion of new s 11AF 20. After section 11AE, in part 6— insert—

s 21 53 s 22 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Appeal against refusal to approve and revocation of approval as mediator or case appraiser ‘ 11AF. An appeal lies to the District Court against— (a) a refusal to approve a person as a mediator or case appraiser; or (b) the revocation of approval of a person as a mediator or case appraiser.’. ˙ Insertion of new s 13C 21. After section 13B, in part 7— insert— ˙ ‘ Procedure of court ‘ 13C. The procedure for appeal to a Magistrates Court is, in the absence of relevant rules, as directed by a Magistrate.’. ˙ Replacement of s 14 (Power to make rules of court) 22. Section 14— omit, insert— ˙ ‘ Rule making power ‘ 14.(1) The Governor in Council may make rules of court under this Act for a jurisdiction law. ‘ (2) Without limiting subsection (1), a rule may make provision about any matter that— (a) is required or permitted to be prescribed under a jurisdiction law; or (b) is necessary or convenient to be prescribed for carrying out or giving effect to a jurisdiction law. ‘ (3) Without limiting subsections (1) and (2), a rule may also make provision about— (a) the practices and procedures of Magistrates Courts and their registries; or

s 23 54 s 24 Courts Legislation Amendment No. 23, 1995 (b) another matter mentioned in the schedule. ‘ (4) In this section— “jurisdiction law” means— (a) this Act; or (b) another law giving jurisdiction to Magistrates Courts.’. ˙ Replacement of s 16 (Existing rules of court) 23. Section 16— omit, insert— ˙ ‘ Saving of existing rules of court ‘ 16.(1) In this section— “former section 14” means section 14 as in force immediately before the commencement. “new section 14” means section 14 as in force immediately after the commencement. ‘ (2) This section applies to— (a) a rule made under the former section 14 and in force immediately before the commencement; and (b) any other rule of court contained in an order in council made under this Act and in force immediately before the commencement. ‘ (3) The rule continues in force after the commencement as if it were made under the new section 14. ‘ (4) This section is a law to which the ActsInterpretationAct1954 , section 20A applies. ‘ (5) This section expires 2 years after it is made.’. ˙ Insertion of new s 17 24. After section 16— insert—

s 25 55 s 25 Courts Legislation Amendment No. 23, 1995 ˙ ‘ Numbering and renumbering of Act ‘ 17. Section 43 (Numbering and renumbering of provisions) of the ReprintsAct1992 must be used in the next reprint of this Act produced under the Reprints Act 1992 .’. ˙ Insertion of new schedule 25. At the end— insert— ‘ SCHEDULE ‘ SUBJECT MATTER FOR RULES section 14 of the Act‘ PART 1—GENERAL ‘ Jurisdiction with consent ‘ 1. Jurisdiction, with the consent of the parties to the action, to try an action that might be brought in the Supreme Court, and regulating the exercise of the consent jurisdiction. ‘ Jurisdiction for recovery of possession of land ‘ 2. Jurisdiction, to the extent of the jurisdiction of District Courts, for the recovery of possession of land (with or without rent or mesne profits) by landlords from tenants and other persons. ‘ Powers etc of registrars and other officers ‘ 3. The powers, duties, and authorities of officers of Magistrates Courts.

s 25 56 s 25 Courts Legislation Amendment No. 23, 1995 ‘ Sittings of Magistrates Courts ‘ 4. Sittings of Magistrates Courts. ‘ Starting, and transferring, proceedings ‘ 5. Districts and courts in which proceedings must be started, and transfer of proceedings from a district to another district. ‘ Summonses ‘ 6. Summonses for, and the attendance and examination of, witnesses before a Magistrates Court, in arbitration proceedings or otherwise. ‘ New trials, appeals and evidence ‘ 7. New trials and appeals, including the evidence to be used at the new trial or appeal and the admission of further evidence in exceptional cases and special cases. ‘ Proceedings after death or insolvency ‘ 8. Abatement or continuance of action if a plaintiff dies or becomes insolvent. ‘ Keeping records by registrars ‘ 9. How books, entries and accounts (whether or not in documentary form) are to be kept by registrars. ‘ Referral to arbitration ‘ 10. Referring, with or without consent of parties, an action to arbitration under the CommercialArbitrationAct1990 , and enforcing arbitration awards.

s 25 57 s 25 Courts Legislation Amendment No. 23, 1995 ‘ Service of documents ‘ 11. Practice and procedure of Magistrates Courts in relation to the service of documents inside and outside the State, including outside Australia. ‘ Costs ‘ 12. Costs to be allowed to barristers and solicitors, and expenses to be paid to witnesses. ‘ Fees ‘ 13. Fees of court, and when, how and by whom the fees are payable. ‘ Forms ‘ 14. Forms. ‘ Contempt ‘ 15. Imposing, or authorising a Magistrates Court of its own initiative, to impose fines or other punishment for contempt of court by any person (including officers of the Supreme Court), or for misconduct or neglect by any officer. ‘ PART 2—ADR PROCESSES ‘ Approval of mediator or case appraiser ‘ 1. Experience and qualifications for approval as a mediator or case appraiser.

s 25 58 s 25 Courts Legislation Amendment No. 23, 1995 ‘ Staying proceedings ‘ 2. Staying proceedings, and the power of Magistrates Courts to stay proceedings, until an ADR process is finished. ‘ Costs ‘ 3. Persons who must pay ADR costs and the way, and time within which, ADR costs are to be paid. ‘ Jurisdiction ‘ 4. Jurisdiction of a case appraiser at a case appraisal. ‘ Seeking independent advice or information ‘ 5. Ability of a mediator or case appraiser to seek independent advice or information. ‘ Time for processes ‘ 6. Time within which an ADR process should be finished (which may be a time specified by the court). ‘ Conduct of processes ‘ 7. Conduct of an ADR process. ‘ Confidentiality ‘ 8. Confidentiality of a mediated agreement or case appraiser’s decision. ‘ Powers, procedures etc. applying to arbitrations ‘ 9. Applying procedures and other matters similar to those applying to arbitrations under the Commercial Arbitration Act 1990 .

s 26 59 s 28 Courts Legislation Amendment No. 23, 1995 ‘ Penalties ‘ 10. Imposing penalties against a party who fails to cooperate in an ADR process.’. PART 5—AMENDMENT OF JUDICIAL REVIEW ACT 1991 ˙ Act amended 26. This part amends the Judicial Review Act 1991 . ˙ Amendment of s 3 (Definitions) 27.(1) Section 3, definitions “GOC” and “rules of court”— omit. (2) Section 3— insert— ‘ “rules of court” mean the rules of court of the Supreme Court.’. ˙ Replacement of s 18 (Act to operate despite existing laws) 28. Section 18— omit, insert— ˙ ‘ Operation of other laws ‘ 18.(1) This Act has effect despite any law in force at its commencement. ‘ (2) However, this Act does not— (a) affect the operation of an enactment mentioned in schedule 1, part 1; or (b) apply to decisions made, proposed to be made, or required to be made, under an enactment mentioned in schedule 1, part 2.’.

s 29 60 Courts Legislation Amendment ˙ Omission of s 55 (Rules may provide for service etc.) 29. Section 55— omit. s 31 No. 23, 1995 ˙ Omission of pt 7 (Amendments) 30. Part 7— omit. ˙ Amendment of sch 1 31.(1) Schedule 1, heading— omit, insert— ‘ SCHEDULE 1 ‘ OPERATION OF OTHER LAWS section 18 of the Act ‘ PART 1—ENACTMENTS THAT PROVIDE FOR NON-REVIEW OR LIMITED REVIEW OF DECISIONS ’. (2) Schedule 1, item 3— omit, insert— ‘3. Industrial Relations Act 1990 , sections 13 and 93’. (3) Schedule 1, item 5— omit, insert— ‘5. Retail Shop Leases Act 1994 , section 88’. (4) Schedule 1, at the end— insert—

s 31 61 s 31 Courts Legislation Amendment No. 23, 1995 ‘ PART 2—ENACTMENTS TO WHICH THIS ACT DOES NOT APPLY 1. District Courts Act 1967 , sections 91E, 91F and 91V(1) 2. Magistrates Courts Act 1921 , sections 10F, 10G and 10W(1) 3. SupremeCourtofQueenslandAct1991 , sections 100E, 100F and 100V(1)’.

62 Courts Legislation Amendment No. 23, 1995 ¡ SCHEDULE 1 MINOR AMENDMENTS OF DISTRICT COURTS ACT 1967 section 10 of the Act 1. Section 1(2) and heading— omit. 2. Section 1(3) and (4) and heading to section 1(3)— omit, insert— ‘ Suspension of Act’s operation ‘ 1A. A regulation may provide that this Act or a provision of this Act is not in force for a district.’. 3. Section 3(3) and heading— omit. 4. Heading before section— omit, insert— ‘ Division 1—Courts ’. 5. Section 5(1), heading— omit, insert— ‘ Appointment of District Courts and assignment of districts ’.

63 Courts Legislation Amendment SCHEDULE 1 (continued) 6. Section 5, ‘proclamation’— omit, insert— ‘regulation’. No. 23, 1995 7. Section 5(2), heading— omit. 8. Section 6(2)— renumber as section 6A. 9. Heading before section 9— omit, insert— ‘ Division 2—Judges ’. 10. Section 17, ‘, by order in council,’— omit. 11. Section 19(1) ‘by proclamation’— omit. 12. Heading before section 28— omit, insert— ‘ Division 3—Certiorari, mandamus and prohibition ’. 13. Headings before sections 29, 30 and 31— omit.

64 Courts Legislation Amendment SCHEDULE 1 (continued) 14. Section 31(1), ‘to be a stay of proceedings’— omit. No. 23, 1995 15. Section 31(2), heading— omit. 16. Heading before section 33— omit, insert— ‘ Division 4—Registries ’. 17. Heading before section 34— omit, insert— ‘ Division 5—Officers ’. 18. Section 36, ‘those Acts’— omit, insert— ‘that Act’. 19. Section 37(2), heading— omit. 20. Heading before section 46— omit. 21. Heading before section 51— omit, insert— ‘ Division 6—Barristers, solicitors and agents ’.

65 Courts Legislation Amendment SCHEDULE 1 (continued) 22. Section 53(1), ‘, by proclamation,’— omit. No. 23, 1995 23. Section 55(3)— renumber as section 55A. 24. Before section 58, in part 4— insert— ‘ Division 1—Criminal jurisdiction ’. 25. Section 60, ‘by proclamation’— omit, insert— ‘by regulation’. 26. Section 60, ‘the proclamation’ (first and third mentions)— omit, insert— ‘the regulation’. 27. Section 60, ‘publication of the proclamation in the Gazette’— omit, insert— ‘notification of the regulation’. 28. Heading before section 61— omit, insert— ‘ Division 2—Procedure ’.

66 Courts Legislation Amendment No. 23, 1995 SCHEDULE 1 (continued) 29. Before section 66, in part 5— insert— ‘ Division 1—Court’s civil jurisdiction and powers ’. 30. Section 74(2)— renumber as section 74A. 31. Heading before section 75— omit, insert— ‘ Division 2—Trial by jury ’. 32. Heading before section 76— omit, insert— ‘ Division 3—Evidence ’. 33. Heading before section 77— omit, insert— ‘ Division 4—Removal of actions ’. 34. Section 83(2) and (3)— renumber as section 83A(1) and (2) respectively. 35. Heading before section 92— omit, insert— ‘ Division 1—Appeals to Court of Appeal ’.

67 Courts Legislation Amendment No. 23, 1995 SCHEDULE 1 (continued) 36. Before section 95— insert— ‘ Division 2—Appeals and special cases from Magistrates Courts ’. 37. Section 95(3)— renumber as section 95A. 38. Before section 96— insert— ‘ Division 3—Other appeals to District Courts ’. 39. Heading before section 97— omit. 40. Section 99— omit. 41. Part 9, heading and heading before section 101— omit, insert— ‘ PART 9—MISCELLANEOUS ’. 42. Headings before sections 102 and 103— omit. 43. Section 102(1), ‘The Governor in Council may from time to time by order in council determine’— omit, insert—

68 Courts Legislation Amendment SCHEDULE 1 (continued) ‘A regulation may fix’. No. 23, 1995 44. Sections 108 and 109— omit, insert— ‘ Regulation making power ‘ 108. The Governor in Council may make regulations under this Act. ‘ PART 10—TRANSITIONAL PROVISIONS ‘ References to District Courts ‘ 109.(1) In another Act, a reference to a District Court is a reference to a District Court within the meaning of this Act. ‘ (2) For an Act passed before the commencement of this Act, subsection (1) has effect even though the reference is expressed to relate to a District Court within the meaning of another Act.’.

69 Courts Legislation Amendment No. 23, 1995 ¡ SCHEDULE 2 MINOR AMENDMENTS OF MAGISTRATES COURTS ACT 1921 section 17 of the Act 1. Before section 1— insert— ‘ PART 1—PRELIMINARY ’. 2. Section 1— omit, insert— ‘ Short title ‘1. This Act may be cited as the Magistrates Courts Act 1921 .’. 3. Before section 4— insert— ‘ PART 2—JURISDICTION ’. 4. Section 4A, ‘The Court’— omit, insert— ‘A Magistrates Court’. 5. Section 4C(2), ‘another Court’— omit, insert— ‘any other court’.

70 Courts Legislation Amendment SCHEDULE 2 (continued) 6. Section 4D, ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’. No. 23, 1995 7. Section 4E, ‘the Court’— omit, insert— ‘a Magistrates Court’. 8. Section 4H, heading, ‘Court’— omit, insert— ‘Magistrates Court’. 9. Section 4H, ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’. 10. Before section 5— insert— ‘ PART 3—MAGISTRATES COURTS ’. 11. Section 5, heading, ‘Courts’— omit, insert— ‘Magistrates Courts’. 12. Section 6, heading, ‘Court’— omit, insert— ‘Magistrates Courts’.

71 Courts Legislation Amendment SCHEDULE 2 (continued) 13. Section 6, ‘Courts’— omit, insert— ‘Magistrates Courts’. 14. Section 7, heading, ‘Court’— omit, insert— ‘Magistrates Courts’. 15. Section 7, ‘the Court’— omit, insert— ‘a Magistrates Court’. 16. Section 7, ‘rules of court’— omit, insert— ‘rules’. 17. Section 7A(1), ‘Court’— omit, insert— ‘Magistrates Court’. 18. Section 7A(2), ‘The Court’— omit, insert— ‘A Magistrates Court’. 19. Section 7A, as amended— renumber as section 4I and relocate in part 2. No. 23, 1995

72 Courts Legislation Amendment SCHEDULE 2 (continued) 20. Section 8, heading, ‘Court’— omit, insert— ‘Magistrates Court’. No. 23, 1995 21. Section 8(1), ‘The Court’— omit, insert— ‘A Magistrates Court’. 22. Before section 9— insert— ‘ PART 4—PRACTICE AND PROCEDURE ’. 23. Section 9(1), ‘rules of court’— omit, insert— ‘rules’. 24. Section 9(1), ‘address the Court’— omit, insert— ‘address a Magistrates Court’. 25. Section 10, heading— omit, insert— ‘ Laws of evidence ’. 26. Section 10A(1) (first mention) and (2), ‘the Court’— omit, insert— ‘a Magistrates Court’.

73 Courts Legislation Amendment No. 23, 1995 SCHEDULE 2 (continued) 27. Before section 11— insert— ‘ PART 6—JUDGMENTS, NEW TRIALS, APPEALS AND RELATED MATTERS ’. 28. Section 11(1), ‘the Court’— omit, insert— ‘a Magistrates Court’. 29. Section 11(2), ‘a Court’— omit, insert— ‘a Magistrates Court’. 30. Section 11(2), ‘another Court’— omit, insert— ‘any other court’. 31. Section 11AA(1), ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’. 32. Section 11AA(2), ‘hearing the application’— omit. 33. Section 11AB(1), ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’.

74 Courts Legislation Amendment SCHEDULE 2 (continued) 34. Section 11AB(1) ‘rules of court’— omit, insert— ‘the rules’. No. 23, 1995 35. Section 11AC, heading, ‘by Court’— omit. 36. Section 11AC, ‘The Court’— omit, insert— ‘A Magistrates Court’. 37. Before section 11A— insert— ‘ PART 7—MISCELLANEOUS ’. 38. Section 11A, ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’. 39. Section 12, ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’. 40. Section 13B, ‘the Court’ (first mention)— omit, insert— ‘a Magistrates Court’.

75 Courts Legislation Amendment No. 23, 1995 SCHEDULE 2 (continued) 41. Before section 14— insert— ‘ PART 8—RULES OF COURT ’. 42. Before section 15— insert— ‘ PART 9—TRANSITIONAL AND SAVINGS ’. The State of Queensland 1995