Courts Legislation Amendment Act 2006 (NSW)

An Act to amend certain Acts with respect to courts, court procedures, judges’ pensions and other matters.

1Name of Act

This Act is the Courts Legislation Amendment Act 2006.

2Commencement(1)

This Act commences on the date of assent except as provided by subsection (2).

(2)

Schedules 2 and 5 commence on a day or days to be appointed by proclamation.

3Amendment of Acts

The Acts specified in the Schedules are amended as set out in those Schedules.

4Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Civil Procedure Act 2005 No 28

(Section 3)

[1]Section 64 Amendment of documents generally

Insert “as” after “made a party” in section 64 (4).

[2]Schedule 6 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Courts Legislation Amendment Act 2006, to the extent that it amends this Act

[3]Schedule 6, Part 3

Insert after Part 2:

Part 3Provisions relating to dismissal of proceedings12Dismissal of proceedings(1)

Any proceedings taken to have been dismissed under clause 18 of the Civil Procedure Regulation 2005 before the repeal of that clause by the Civil Procedure Amendment (Savings and Transitional) Regulation 2005 are taken to have never been dismissed under that clause and may be continued accordingly.

(2)

Subclause (1) does not apply to any such proceedings to the extent to which they relate to a cause of action for which relief has been claimed in fresh proceedings, as referred to in section 91.

(3)

The District Court or Local Court, as the case may be, may make such orders as are necessary to enable the proceedings to be continued.

Schedule 2Amendment of Criminal Procedure Act 1986 No 209

(Section 3)

[1]Section 182 Written pleas

Omit “5” from section 182 (3). Insert instead “7”.

[2]Section 213 When professional costs may be awarded to accused persons

Insert “professional” after “pay” in section 213 (1).

[3]Section 213 (3)

Omit section 213 (3) and (4). Insert instead:

(3)

Without limiting the operation of subsection (1), a court may order that the prosecutor in summary proceedings pay professional costs if the matter is dismissed because:

(a)
the prosecutor fails to appear or both the prosecutor and the accused person fail to appear, or
(b)
the matter is withdrawn or the proceedings are for any reason invalid.

[4]Section 214 Limit on award of professional costs to accused person against prosecutor acting in public capacity

Insert “professional” after “award” in section 214 (1) (d).

[5]Section 215 When costs may be awarded to prosecutor

Insert after section 215 (1):

(1A)

The court may not order the accused person to pay professional costs referred to…

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