Courts Legislation Amendment Act 2007 (NSW)

An Act to amend certain Acts with respect to courts, court procedure and jurisdiction; to amend the Land and Environment Court Act 1979 to ensure consistency with the Civil Procedure Act 2005; and for other purposes.

1Name of Act

This Act is the Courts Legislation Amendment Act 2007.

2Commencement(1)

This Act commences on the date of assent to this Act, subject to subsections (2)–(3).

(2)

Schedules 3 and 7 [4] commence on the date of assent to this Act or on the commencement of Schedule 1 [34] to the Confiscation of Proceeds of Crime Amendment Act 2005, whichever is the later.

(3)

The following provisions commence on a day or days to be appointed by proclamation:

• (a)

  Schedules 1, 2, 4–6 and 9,

• (b)

  Schedule 7 [1]–[3] and [5],

• (c)

  Schedule 8 [1]–[3].

3Principal amendments

The Acts specified in Schedules 1–8 are amended as set out in those Schedules.

4Consequential amendments

The Act and instrument specified in Schedule 9 are amended as set out in that Schedule.

5Repeal 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This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.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 Administrative Decisions Tribunal Act 1997 No 76

(Section 3)

[1]Section 91A

Insert after section 91:

91APractice notes(1)

Subject to the rules of the Tribunal, the President may issue practice notes for the Tribunal in relation to any matter with respect to which rules may be made.

(2)

Part 6 of the Interpretation Act 1987 applies to a practice note issued under this section in the same way as it applies to a rule of court.

[2]Section 105 Agreements and arrangements arising from mediation sessions

Insert after section 105 (2):

(2A)

On any application for an order under this section, any document signed by the parties is admissible as to the fact that an agreement or arrangement has been reached and as to the substance of the agreement or arrangement.

[3]Section 107 Privilege

Omit “Subject to subsection (3), the” from section 107 (2).

Insert instead “The”.

[4]Section 107 (4) and (5)

Omit section 107 (4)–(6). Insert instead:

(4)

Subject to subsection (5) and section 105 (2A):

• (a)

  evidence of anything said or of any admission made in a mediation session or neutral evaluation session is not admissible in any proceedings before any court, tribunal or body, and

• (b)

  a document prepared for the purposes of, or in the course of, or as a result of, a mediation session or neutral evaluation session, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body.

(5)

Subsection (4) does not apply with respect to any evidence or document:

• (a)

  if the persons in attendance at, or identified during, the mediation session or neutral evaluation session and, in the case of a document, all persons identified in the document, consent to the admission of the evidence or document, or

• (b)

  in proceedings instituted with respect to any act or omission in connection with which a disclosure has been made under section 108 (c).

Schedule 2Amendment of Civil Procedure Act 2005 No 28

(Section 3)

[1]Section 8 Uniform Rules Committee

Omit “10 members” from section 8 (1). Insert instead “11 members”.

[2]Section 8 (1) (c1)

Insert after section 8 (1) (c):

(c1)

one is to be the Chief Judge of the Land and Environment Court or a Judge nominated for the time being by the Chief Judge, and

[3]Section 76 Settlement of proceedings commenced by or on behalf of, or against, person under legal incapacity

Insert “, or against,” after “on behalf of” in section 76 (1).

[4]Section 76 (3)

Omit “the claim of”.

Insert instead “a claim made by or on behalf of, or against,”.

[5]Section 141 Transfer orders

Insert “the” before “proceedings” in section 141 (2).

[6]Section 144 Transfer of certain proceedings from District Court to Supreme Court

Omit “the transfer order” wherever occurring in section 144 (7).

Insert instead “an order under subsection (2) or (5)”.

[7]Section 149 Jurisdiction of lower court

Omit “Pursuant to this section, the”. Insert instead “The”.

[8]Part 9, Division 2A

Insert after Division 2 of Part 9:

Division 2ATransfer of proceedings from Supreme Court to Land and Environment Court149ADefinition

In this Division:

transfer order means an order referred to in section 149B.

149BTransfer of proceedings from Supreme Court to Land and Environment Court

If the Supreme Court is satisfied, in relation to proceedings before it, that the proceedings could properly have been commenced in the Land and Environment Court, the Supreme Court may, on application by a party to the proceedings or of its own motion, order that the proceedings be transferred to the Land and Environment Court.

149CTransfer orders(1)

A transfer order takes effect when it is made.

(2)

A transfer order does not invalidate any order made or other thing done in the proceedings before the order was made.

(3)

Any order made by the Supreme Court, other than a transfer order, may be varied or revoked by an order of the Land and Environment Court.

149DProceedings after transfer(1)

Subject to the rules of the Land and Environment Court, any proceedings with respect to which a transfer order takes effect are to be continued in the Land and Environment Court as if they had been duly commenced in that Court on the date on which they were commenced in the Supreme Court.

(2)

For the purposes of any proceedings continued in the Land and Environment Court, any admission duly made in the Supreme Court is to be treated as if it had been duly made in the Land and Environment Court.

(3)

Subject to the rules of the Land and Environment Court, the power of the Land and Environment Court to make orders as to costs includes a power to make orders with respect to the costs of:

• (a)

  the application for, and the making of, the transfer order, and

• (b)

  any step taken in the proceedings before the transfer order was made.

149EJurisdiction of Land and Environment Court

The Land and Environment Court has, and may exercise, all of the jurisdiction of the Supreme Court in relation to any proceedings to which a transfer order relates, including jurisdiction to determine any question arising in any such proceedings.

[9]Schedule 1 Application of Act

Insert in Columns 1 and 2 after the matter relating to the Supreme Court:

Land and Environment Court All civil proceedings in Class 1, 2, 3 or 4 of the Court’s jurisdiction

[10]Schedule 2 Constitution and procedure of Uniform Rules Committee

Insert “the Chief Judge of the Land and Environment Court,” after “the Court of Appeal,” in the definition of ex-officio member in clause 1.

[11]Schedule 2, clause 3A

Insert after clause 3:

3ADeputies for members(1)

A reference to a power to nominate or appoint a member of the Uniform Rules Committee in section 8 (1) includes a power to nominate or appoint a deputy for that member.

(2)

In the absence of a member appointed or nominated under section 8 (1), the member’s deputy:

• (a)

  may, if available, act in the place of the member, and

• (b)

  subject to clause 6 (6)—while so acting, has the functions of the member and is taken to be the member.

[12]Schedule 2, clause 6 (6)

Insert after clause 6 (5):

(6)

A person nominated as a deputy for the member of the Uniform Rules Committee referred to in section 8 (1) (a) is not entitled to exercise any of the functions of a presiding member under this clause.

[13]Schedule 6 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Courts Legislation Amendment Act 2007 (but only to the extent to which it amends this Act)

[14]Schedule 6, Part 4

Insert after clause 12:

Part 4Provisions consequent on enactment of the Courts Legislation Amendment Act 200713Definitions

In this Part:

relevant commencement date means the date of the commencement of Schedule 2 [9] to the Courts Legislation Amendment Act 2007.

relevant proceedings means proceedings in Class 1, 2, 3 or 4 of the jurisdiction of the Land and Environment Court.

unamended L & E legislation means the Land and Environment Court Act 1979 or the rules of court made under that Act, as in force immediately before the relevant commencement date.

14Regulation

The Land and Environment Court Regulation 2005 is taken to have been made under section 18 and may be amended and repealed accordingly.

15Pending proceedings(1)

Subject to subclause (2), this Act and the uniform rules apply to relevant proceedings commenced in the Land and Environment Court before the relevant commencement date in the same way as they apply to relevant proceedings commenced on or after that commencement.

(2)

If relevant proceedings are commenced in the Land and Environment Court before the relevant commencement date, the Land and Environment Court may make such orders dispensing with the requirements of the uniform rules in relation to the proceedings, and such consequential orders (including orders as to costs), as are appropriate in the circumstances.

16Construction of references

Subject to the regulations, in any other Act or instrument:

• (a)

  a reference to a provision of the unamended L & E legislation for which there is a corresponding provision in this Act extends to the corresponding provision of this Act or the uniform rules, and

• (b)

  a reference to any act, matter or thing referred to in a provision of the unamended L & E legislation for which there is a corresponding provision in this Act or the uniform rules extends to the corresponding act, matter or thing referred to in the corresponding provision of this Act or the uniform rules, as the case requires.

17General saving

Subject to this Schedule and the regulations:

• (a)

  anything begun before the relevant commencement date under a provision of the unamended L & E legislation for which there is a corresponding provision in this Act or the uniform rules may be continued and completed under the unamended L & E legislation as if this Act had not been enacted, and

• (b)

  subject to paragraph (a), anything done under a provision of the unamended L & E legislation for which there is a corresponding provision in this Act or the uniform rules (including anything arising under paragraph (a)) is taken to have been done under the corresponding provision of this Act or the uniform rules, as the case requires.

Schedule 3Amendment of Confiscation of Proceeds of Crime Act 1989 No 90

(Section 3)

[1]Section 87 Provisions relating to courts

Insert after section 87 (3):

(3A)

A Local Court may not make a drug proceeds order against a person for an amount that exceeds the jurisdictional limit of a Local Court when sitting in its General Division within the meaning of the Local Courts Act 1982.

[2]Section 87 (6) and (7)

Insert after section 87 (5):

(6)

Nothing in this section prevents a Local Court from exercising its jurisdiction in relation to a freezing notice issued in relation to land or in relation to property whose value exceeds the jurisdictional limit of a Local Court when sitting in its General Division within the meaning of the Local Courts Act 1982.

(7)

Proceedings before a Local Court on an application for a forfeiture order or drug proceeds order, or on an application for confirmation or setting aside of a freezing notice, are to be dealt with by the Court sitting in its General Division within the meaning of the Local Courts Act 1982.

Schedule 4Amendment of Coroners Act 1980 No 27

(Section 3)

Omit the section. Insert instead:

54AAssistance to and from coroners in other jurisdictions(1)

The State Coroner may request in writing the person holding a corresponding office in another State or a Territory to provide assistance in connection with the exercise by the State Coroner or another coroner of any power under this Act.

(2)

The State Coroner, at the written request of the person holding a corresponding office in another State or a Territory, may provide assistance to that person or a coroner of that State or Territory in connection with the exercise of a power under the law of that State or Territory.

(3)

For the purpose of providing assistance, the State Coroner or a coroner may exercise any of his or her powers under this Act irrespective of whether he or she would, apart from this section, have authority to exercise that power.

Note—

The State Coroner has, in addition to all the powers of a coroner, a general function of overseeing and co-ordinating coronial services and ensuring that inquests and other investigations are held. The assistance provided may involve the exercise of administrative powers by the State Coroner or the exercise by him or her or another coroner of coronial powers.

(4)

For the purpose of this section, this Act applies as if the matter that is the subject of the request or direction were the subject of an investigation under this Act.

Schedule 5Amendment of District Court Act 1973 No 9

(Section 3)

[1]Section 18G Registrars

Omit section 18G (3) and (5).

[2]Section 18I Assistant registrars

Omit section 18I (2) and (3).

[3]Section 18L

Insert after section 18K:

18LExercise of functions by registrars, deputy registrars and other officers of the Local Courts(1)

The registrar of a Local Court may, subject to the civil procedure rules and criminal procedure rules, exercise the functions of a registrar of the District Court for Sydney or another proclaimed place and, when exercising those functions, is taken to be the registrar of the District Court for Sydney or the proclaimed place.

(2)

The deputy registrar of a Local Court may, subject to the civil procedure rules and criminal procedure rules, exercise the functions of an assistant registrar of the District Court for Sydney or another proclaimed place and, when exercising those functions, is taken to be an assistant registrar of the District Court for Sydney or the proclaimed place.

(3)

An officer of a Local Court may, subject to the civil procedure rules and criminal procedure rules, exercise the functions of an officer of the District Court and, when exercising those functions, is taken to be an officer of the District Court.

[4]Section 44 Actions

Insert “(if any)” after “amount” in section 44 (1) (a) (ii).

Schedule 6Amendment of Land and Environment Court Act 1979 No 204

(Section 3)

[1]Section 4 Definitions

Omit the definition of Division from section 4 (1).

[2]Section 4 (1)

Insert in alphabetical order:

practice note means a practice note issued under section 76.

[3]Section 4 (1), definition of “registrar”

Omit the definition. Insert instead:

Registrar means the Registrar of the Court.

[4]Section 4 (1), definition of “rules”

Omit the definition. Insert instead:

rules means rules of the Court.

[5]Section 13 Acting Commissioners

Omit section 13 (3). Insert instead:

(3)

The person so appointed has and may exercise, for the time and subject to the conditions or limitations specified in the instrument of appointment, the functions of a Commissioner and is, for the purposes of this or any other Act, deemed to be:

• (a)

  in the case of a person acting on a full-time basis—a full-time Commissioner, and

• (b)

  in the case of a person acting on a part-time basis—a part-time Commissioner.

[6]Section 13 (5)

Omit “Public Service Act 1979”.

Insert instead “Public Sector Employment and Management Act 2002”.

[7]Sections 15 and 66

Omit “registrar” and “assistant registrar” wherever occurring.

Insert instead “Registrar” and “Assistant Registrar”, respectively.

[8]Section 15 Appointment of other officers

Omit “may be appointed and employed under and subject to the Public Service Act 1979” from section 15 (1).

Insert instead “may be employed under the Public Sector Employment and Management Act 2002”.

[9]Section 21 Class 5—environmental planning and protection summary enforcement

Omit section 21 (c).

[10]Part 4 Exercise of jurisdiction

Omit Divisions 1 and 2.

[11]Section 30 Arrangement of business of the Court

Omit “whose qualification” from section 30 (2B).

Insert instead “whose only qualification”.

[12]Section 31

Omit the section. Insert instead:

31Irregularity of proceedings(1)

This section applies if the Court determines, on application by a party or of its own motion, that any proceedings before it are not being dealt with in the manner appropriate to the class of jurisdiction to which they belong.

(2)

In the circumstances referred to in subsection (1), the Court may make either of the following orders on such terms as may be necessary:

• (a)

  an order that the proceedings be dismissed,

• (b)

  an order that the proceedings be dealt with in the appropriate manner.

(3)

If the Court makes an order referred to in subsection (2) (b):

• (a)

  the proceedings are taken to have been duly commenced, and

• (b)

  any step that has been taken in the proceedings is deemed to have been duly taken.

(4)

The Court may make such orders as it thinks fit for the future conduct of the proceedings.

[13]Section 32 Validity of proceedings in any Division

Omit the section.

[14]Section 33, heading

Omit “in the Divisions”. Insert instead “generally”.

[15]Section 34

Omit the section. Insert instead:

34Conciliation conferences(1)

If proceedings are pending in Class 1, 2 or 3 of the Court’s jurisdiction, the Court:

• (a)

  may arrange a conciliation conference between the parties or their representatives, with or without their consent, and

• (b)

  if it does so, must notify the parties or their representatives of the time and place fixed for the conference.

(2)

A conciliation conference is to be presided over by a single Commissioner.

(3)

If, either at or after a conciliation conference, agreement is reached between the parties or their representatives as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions), the Commissioner:

• (a)

  must dispose of the proceedings in accordance with the decision, and

• (b)

  must set out in writing the terms of the decision.

(4)

If no such agreement is reached, the Commissioner must terminate the conciliation conference and:

• (a)

  unless the parties consent under paragraph (b), must make a written report to the Court:

  • (i)

    stating that no such agreement has been reached and that the conciliation conference has been terminated, and

  • (ii)

    setting out what in the Commissioner’s view are the issues in dispute between the parties, or

• (b)

  if the parties consent to the Commissioner disposing of the proceedings, must dispose of the proceedings:

  • (i)

    following a hearing, whether held forthwith or later, or

  • (ii)

    with the consent of the parties, on the basis of what has occurred at the conciliation conference.

(5)

The Commissioner, when giving his or her decision under subsection (4) (b), is to give reasons for the decision:

• (a)

  in writing, or

• (b)

  orally and recorded by means that can be reproduced.

(6)

If satisfied that there is a good reason to do so, the Commissioner may adjourn the conciliation conference to a time and place fixed in consultation with the Registrar.

(7)

Subject to this Act and the rules, the Commissioner disposing of, or hearing and disposing of, proceedings pursuant to subsection (3) or (4) (b) has and may exercise the functions of the Court.

(8)

The decision of the Commissioner under subsection (3) or (4) (b) is taken to be the decision of the Court.

(9)

If a report is made to the Court under subsection (4) (a), it must, as soon as practicable, furnish a copy of the report to each of the parties.

(10)

If an agreement is reached between the parties and proceedings are being dealt with under subsection (3), any document signed by the parties is admissible as to the fact that such an agreement has been reached and as to the substance of the agreement.

(11)

Subject to subsections (10) and (12):

• (a)

  evidence of anything said or of any admission made in a conciliation conference is not admissible in any proceedings before any court, tribunal or body, and

• (b)

  a document prepared for the purposes of, or in the course of, or as a result of, a conciliation conference, or any copy of such a document, is not admissible in evidence in any proceedings before any court, tribunal or body.

(12)

Subsection (11) does not apply with respect to any evidence or document if the parties consent to the admission of the evidence or document.

(13)

The Commissioner presiding over a conference under this section in relation to any proceedings is disqualified from further participation in those proceedings, unless the parties otherwise agree.

(14)

Unless otherwise directed by the Chief Judge, the Registrar may preside over a conference under this section and, in that event, a reference in this section to a Commissioner includes a reference to the Registrar.

[16]Section 34B Arrangements for dealing with on-site hearing matters

Omit “a conference” from section 34B (1).

Insert instead “an on-site conference”.

[17]Section 34B (2) and (3)

Omit “conference” wherever occurring. Insert instead “on-site conference”.

[18]Section 34B (4)

Omit the subsection. Insert instead:

(4)

The Commissioner, when giving his or her decision, is to give reasons for the decision:

• (a)

  in writing, or

• (b)

  orally and recorded by means that can be reproduced.

[19]Section 34B (5)

Omit “(5), (6) and (7)”. Insert instead “(5) and (6)”.

[20]Section 35 Inquiries by Commissioners

Omit “registrar” from section 35 (3). Insert instead “Court”.

[21]Section 35 (5)

Omit “section 67 (paragraphs (d) and (e) excepted)”.

Insert instead “section 68 of the Civil Procedure Act 2005”.

[22]Section 36 (5) and (6)

Omit section 36 (5)–(7). Insert instead:

(5)

Proceedings that are before a Commissioner under section 34, or under this section, may be referred or removed for hearing and determination by a Judge in the same way as proceedings before an associate Judge may be referred or removed for hearing and determination by a Judge in the Supreme Court.

(6)

The power of a Commissioner to refer proceedings pursuant to subsection (5) is subject to any contrary order of the Chief Judge.

[23]Section 61 Manner in which appeals to the Court to be made

Omit section 61 (1).

[24]Part 5A Mediation and neutral evaluation

Omit the Part.

[25]Section 65 Issue of process

Omit “prescribed by the rules”.

Insert instead “approved under section 77A”.

[26]Section 67 Powers of the Court as to the production of evidence

Insert at the end of the section:

(2)

This section does not apply to proceedings in Class 1, 2, 3 or 4 of the Court’s jurisdiction.

[27]Section 68 Amendments and irregularities

Insert after section 68 (3):

(4)

This section does not apply to proceedings in Class 1, 2, 3 or 4 of the Court’s jurisdiction.

[28]Sections 69–69B

Omit the sections.

[29]Section 71 Proceedings in Supreme Court

Insert after section 71 (1):

(2)

The jurisdiction conferred on the Court in respect of proceedings referred to in section 20 (1) (e) is not limited by any provision of the Civil Procedure Act 2005 or the uniform rules under that Act.

[30]Section 72 Transfer of proceedings from Supreme Court

Insert at the end of the section:

(2)

This section does not apply to proceedings in Class 1, 2, 3 or 4 of the Court’s jurisdiction.

[31]Section 73

Omit the section. Insert instead:

73Proceedings after transfer(cf Civil Procedure Act 2005, section 148)(1)

Subject to the rules, any proceedings with respect to which an order under section 72 is made are to continue in the Court as if they had been duly commenced in the Court on the date on which they were commenced in the Supreme Court.

(2)

For the purposes of any proceedings continued in the Court, any admission duly made in the Supreme Court is to be treated as if it had been duly made in the Court.

(3)

Subject to the rules, the power of the Court to make orders as to costs includes a power to make orders with respect to the costs of:

• (a)

  the application for, and the making of, the order under section 72, and

• (b)

  any step taken in the proceedings before the order under section 72 was made.

[32]Section 74 Rules

Omit section 74 (1) (a1).

[33]Section 74 (6)–(8)

Omit section 74 (6) and (7). Insert instead:

(6)

This section does not give power to make rules with respect to any matter for which rules may be made under section 38 of the Legal Profession Act 2004 or any matter relating to costs that is regulated by Part 3.2 of that Act.

(7)

The rules made under this section may authorise or require the use of an electronic case management system established under section 14B of the Electronic Transactions Act 2000 in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under section 14C of that Act.

(8)

The rules made under this section may provide for the exercise by the Registrar or any other officer of the Court of any of the Court’s administrative or judicial functions under this or any other Act and for the review by the Court of the exercise by the Registrar or any other such officer of any such function.

[34]Sections 75–77A

Insert after section 74:

75Court may dispense with rules in particular cases(cf Civil Procedure Act 2005, section 14)

The Court may, by order, dispense with any requirements of the rules if satisfied that it is appropriate to do so in the circumstances of the case.

76Practice notes(cf Civil Procedure Act 2005, section 15)(1)

Subject to the rules, the Chief Judge may issue practice notes in relation to any matter with respect to which rules may be made.

(2)

Part 6 of the Interpretation Act 1987 applies to a practice note issued under this section in the same way as it applies to a rule of court.

(3)

This section does not apply to proceedings in Class 1, 2, 3 or 4 of the Court’s jurisdiction.

77Court may give directions in circumstances not covered by rules(cf Civil Procedure Act 2005, section 16)(1)

In relation to particular proceedings, the Court may give directions with respect to any aspect of practice or procedure for which the rules or practice notes do not provide.

(2)

Anything done in accordance with such a direction (including the commencing of proceedings and the taking of any step in proceedings) is taken to have been validly done.

(3)

This section does not apply to proceedings in Class 1, 2, 3 or 4 of the Court’s jurisdiction.

77AForms(cf Civil Procedure Act 2005, section 17)(1)

The Chief Judge:

• (a)

  may approve forms for documents to be used in connection with proceedings, and

• (b)

  in the case of documents filed with a court, or issued by a court, by means of an ECM system within the meaning of the Electronic Transactions Act 2000, may approve the format in which such documents are to be filed or issued.

(2)

Copies of the approved forms are to be made available for public inspection at each registry of the Court and on the Court’s internet website.

(3)

If a form is approved in relation to a document to be used in connection with proceedings, a document that is filed with or issued by the Court is to be in that form.

(4)

If a form is approved under section 17 of the Civil Procedure Act 2005 in relation to the same matter as that for which a form is approved under subsection (1), the form to be used is the form approved under subsection (1).

[35]Schedule 1 The Commissioners

Omit “Public Service Act 1979” from clause 3.

Insert instead “Public Sector Employment and Management Act 2002”.

[36]Schedule 3 Savings, transitional and other provisions

Insert before clause 1:

Part 1General1ARegulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  Courts Legislation Amendment Act 2007, but only in relation to the amendments made to this Act

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2Provisions consequent on enactment of other Acts[37]Schedule 3, clause 8

Insert after clause 7:

8Provisions consequent on enactment of Courts Legislation Amendment Act 2007(1)

Section 32, as in force immediately before being repealed by Schedule 6 [13] to the Courts Legislation Amendment Act 2007, continues to apply to proceedings commenced in a Division of the Court before, but not yet finalised by, the date of the commencement of Schedule 6 [13] as if it had not been repealed.

(2)

The amendments to this Act that are made by the Courts Legislation Amendment Act 2007 do not affect the validity of any form in force before the commencement of Schedule 6 [34] to that Act.

Schedule 7Amendment of Local Courts Act 1982 No 164

(Section 3)

[1]Section 10CA

Insert after section 10C:

10CAExercise of functions by registrars, assistant registrars and other officers of the District Court(1)

A registrar of the District Court may, subject to the rules, exercise the functions of the registrar of a Local Court and, when exercising those functions, is taken to be the registrar of the Local Court.

(2)

An assistant registrar of the District Court may, subject to the rules, exercise the functions of a deputy registrar of a Local Court and, when exercising those functions, is taken to be a deputy registrar of the Local Court.

(3)

An officer of the District Court may, subject to the rules, exercise the functions of an officer of a Local Court and, when exercising those functions, is taken to be an officer of the Local Court.

[2]Part 7, heading

Omit the heading. Insert instead:

[3]Part 7, Division 1, heading

Omit the heading. Insert instead:

[4]Section 65 Jurisdiction generally

Insert after section 65 (1) (b):

•

, and

(c)

proceedings that, pursuant to any other Act, are required to be dealt with by the Court sitting in that Division.

[5]Schedule 1 Savings and transitional provisions

Insert at the end of clause 8 (1):

Courts Legislation Amendment Act 2007 (but only to the extent to which it amends this Act)

Schedule 8Amendment of Supreme Court Act 1970 No 52

(Section 3)

[1]Section 35 Acting Chief Justice

Omit “may be absent from duty” from section 35 (1).

Insert instead “is absent from duty or there is a vacancy in the office of the Chief Justice”.

[2]Section 35 (1A) and (1B)

Insert after section 35 (1):

(1A)

While the Chief Justice is absent from Australia and an Acting Chief Justice has not been appointed under subsection (1), the President of the Court of Appeal is taken to be the Acting Chief Justice.

(1B)

The reference to the President of the Court of Appeal in subsection (1A) does not extend to any Judge of Appeal who is for the time being acting as President under section 34.

[3]Section 120A Exercise of powers of registrar and deputy registrar by other officers

Insert before section 120A (1):

(1A)

The registrar of the Court of Criminal Appeal may, subject to the rules, exercise the powers of a registrar of the Supreme Court and, when exercising those powers, is taken to be a registrar of the Supreme Court.

(1B)

An officer of the Court of Criminal Appeal may, subject to the rules, exercise the powers of an officer of the Supreme Court and, when exercising those powers, is taken to be an officer of the Supreme Court.

[4]Section 123 Rule Committee

Insert after section 123 (9):

(10)

A person who, as a purported member, attended a meeting of the Rule Committee held on or after 1 July 2005 and before 1 July 2007 is taken to have been a duly appointed member of the Rule Committee during that time and accordingly any rule that was purportedly made by the Rule Committee during that time is taken to have been duly made.

Schedule 9Consequential amendments

(Section 4)

Community Land Management Act 1989 No 202

Omit the section.

Legal Profession Regulation 2005

Omit clause 44 (3) (b). Insert instead:

(b)

mediation undertaken in accordance with Part 4 of the Civil Procedure Act 2005.