Courts of Petty Sessions (Civil Claims) Amendment Act 1980 (NSW)

COURTS OF PETTY SESSIONS (CIVIL CLAIMS)

AMENDMENT ACT, 1980, No. 61

ANNO VICESIMO NONO

ELIZABETHE II REGINE

Act No. 61, 1980.

An Act to amend the Courts of Petty Sessions (Civil Claims) Act, 1970, with respect to the removal of actions into or from the District Court, the monetary jurisdiction of courts of petty sessions and certain other matters. [Assented to, 28th April, 1980.]

See also Frustrated Contracts (Petty Sessions) Amendment Act, 1980. c)

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —

1.      This Act may be cited as the "Courts of Petty Sessions

(Civil Claims) Amendment Act, 1980".

2.       (1) Except as provided in subsection ( 2 ) , this Act shall

commence on the date of assent to this Act.

(2) Sections 5 and 6 and Schedules 1, 2 and 3 shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 .       The Courts of Petty Sessions (Civil Claims) Act, 1970, is

referred to in this Act as the Principal Act.

4.      This Act contains the following Schedules :—-

SCHEDULE 1 . — A M E N D M E N T S TO THE PRINCIPAL A C T

RELATING TO THE REMOVAL OF ACTIONS INTO OR

FROM THE DISTRICT COURT.

SCHEDULE 2 . — F U R T H E R A M E N D M E N T S TO THE PRINCIPAL

A C T .

SCHEDULE 3 . — A M E N D M E N T S TO THE PRINCIPAL A C T BY

WAY OF STATUTE L A W REVISION.

5.      The Principal Act is amended in the manner set forth in

Schedules 1, 2 and 3.

6. Any action or other proceeding in a court or before the registrar of a court under the Principal Act as in force at any time before the day appointed and notified under section 2 (2) and not completed before that day may be continued and completed, and a judgment or order in that action or proceeding may be given, entered up or made, as if this Act had not been enacted.

SCHEDULE 1.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO

THE REMOVAL OF ACTIONS INTO OR FROM THE

DISTRICT COURT.

(1) Section 2 —

After the matter relating to Part III, insert : —

PART I I I A . — R E M O V A L OF ACTIONS INTO OR FROM

DISTRICT C O U R T — s s . 21A-21G.

DIVISION 1.—Removal of Actions into District Court

—ss. 21A-21E.

DIVISION 2.—Removal of Actions from District Court

—ss. 21F, 21G.

(2)	Section 12 ( 2 ) - ( 5 ) — Omit the subsections.
SCHEDULE 1—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO

THE REMOVAL OF ACTIONS INTO OR FROM THE

DISTRICT COURT—continued.

(3) Part I I I A —

After Part III, insert :—

PART I I IA.

REMOVAL OF ACTIONS INTO OR FROM

DISTRICT COURT.

DIVISION 1.—Removal of Actions into

District Court.

21A. In this Division, "proclaimed place" and "nearest proclaimed place" have the meanings ascribed thereto in sections 4 ( 1 ) and 5 respectively of the District Court Act, 1973.

21B. (1) Where an action is pending in a court, the

District Court may, on application by a party to the action, order that—

(a) the action;
(b)	proceedings in relation to any set-off which is pleaded as a defence to the action and in respect of which section 15 (2) has been complied with; or

(c) both the action and any such proceedings, be removed into the District Court sitting at such proclaimed place as the District Court may specify in the order.

SCHEDULE 1—-continued.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO

THE REMOVAL OF ACTIONS INTO OR FROM THE

DISTRICT COURT—continued.

( 2 ) Subject to section 2 1 E ( 8 ) , the District Court

may make an order for removal under subsection ( 1 ) upon such terms as to payment of costs, giving of security for any amount claimed or for costs, or otherwise, as the District Court thinks fit.

(3) An order for removal made under subsection ( 1 ) shall take effect on service of a copy of the order on the registrar of the court or on earlier notification of the order to the registrar of the court in such manner as the District Court may direct.

( 4 ) Subject to section 2 1 E ( 7 ) , an order for removal made under subsection ( 1 ) shall not affect the validity of any order made or other thing done in the

action, or in the proceedings in relation to the set-off, to

which the order for removal relates before the order for removal takes effect but, except as otherwise expressly provided by this Division, any such order or thing has no

operation after the order for removal takes effect.
( 5 ) Where the District Court has made an order for removal under subsection ( 1 ) , the registrar of the court in which the action was commenced shall forthwith after a copy of the order authenticated in accordance with the rules is lodged with him deliver or send by post the whole record thereof to the registrar of the District Court for the proclaimed place specified in the order.
S C H E D U L E	1—continued.

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T C O U R T — c o n t i n u e d .

2 1 c . ( 1 ) W h e r e an appl icat ion is pend ing in the

District Cour t for an order unde r section 2 1 B ( 1 ) for removal of an act ion, of proceedings in relat ion to a set-off o r of bo th , the Distr ict C o u r t may m a k e orders for a stay of proceedings in the act ion or of the proceedings , if any, in relat ion to the set-off.

( 2 ) A n order under subsect ion ( 1 ) for a stay of proceedings shall t ake effect on service of a copy of the order on the registrar of the cour t or on earlier notification of the order to the registrar of the cour t in such m a n n e r as

the Distr ict C o u r t m a y direct .

21D. ( 1 ) Proceedings in the Distr ict C o u r t for an order

unde r section 2 1 B ( 1 ) for removal of an act ion in a court , of proceedings in a cour t in relat ion to a set-off or of both , or proceedings in the District C o u r t for a stay unde r section 2 1 c of proceedings in any such act ion or proceedings , shall be commenced at the nearest p roc la imed place to the court .

( 2 ) W h e r e proceedings to which subsect ion ( 1 )

applies are commenced at a proc la imed p lace tha t is no t a p lace at which they ought , unde r subsection ( 1 ) , to have been commenced , the Distr ict C o u r t may, on the applica­ t ion of a par ty to the proceedings o r wi thout any such app l i ca t ion—

(a) order that the proceedings be continued in the

Distr ict Cour t notwi ths tanding that they were

c o m m e n c e d at tha t p lace;

S C H E D U L E 1—continued.

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T	C O U R T — c o n t i n u e d .
(b)	order a change of venue of the proceedings under

section 4 0 of the District Cour t Act , 1973 , to such other proclaimed place as the District Cour t thinks proper ; or

( c ) strike out the proceedings.

2 1 E . ( 1 ) Where an o rder under section 2 1 B ( 1 ) for

removal into the District C o u r t of an act ion in a cour t or of proceedings in a cour t in relation to a set-off takes effect, the act ion or set-off ceases to be an act ion or set-off in the cour t but proceedings in the act ion or in relat ion to the set-off, as the case may be , cont inue , in accordance with rules m a d e under the District C o u r t Act , 1973 , in the

District C o u r t —

(a) where the order relates to an action only or to

bo th an act ion and a set-off, as if the act ion had been duly c o m m e n c e d in the District C o u r t at the place specified in the order on the date on which the plaint commenc ing the action was

filed in the court and as if the set-off, if any,

had been duly pleaded in accordance with the District C o u r t Act , 1973 , and the rules there­ under as a cross-claim in the District Cour t at that place on the date on which section 15 ( 2 ) was complied with with respect to the set-off; and

(b) where the order relates to a set-off only, as if

the a m o u n t c laimed by the defendant by way of set-off had been claimed by him in an action

S C H E D U L E 1 — c o n t i n u e d .

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T C O U R T — c o n t i n u e d .

duly c o m m e n c e d by him as plaintiff in the Dis­ trict C o u r t at the place specified in the order on the date on which section 15 ( 2 ) was complied with with respect to the set-off.

( 2 ) Where any proceedings cont inue in the Dis­ trict C o u r t as referred to in subsect ion ( 1 ) , any abandon­ ment m a d e in accordance with section 14 or 15 has no further force or effect except to the extent that the amoun t originally claimed by the plaintiff before any a b a n d o n m e n t m a d e by him, or any amoun t c laimed by the defendant as a set-off before any a b a n d o n m e n t made by him. exceeded the appropr ia te amoun t specified in section 44 ( 1 ) ( a ) or ( b ) of the District Cour t Act , 1973, as the case may be.

( 3 )	W h e r e -
(a)	an order is made under section 2 1 B ( 1 ) for the

removal of an action into the District Cour t ;

(b)	a set-off has been pleaded as a defence to the
action and section 15 ( 2 ) has been complied with with respect to the set-off; and
( c )	no order under section 2 1 B ( 1 ) has been made for the removal of the proceedings in relation

to the set-off,

the set-off ceases to be a set-off in the court but proceedings on the set-off cont inue in the cour t as if the amoun t claimed by the defendant by way of set-off had been c la imed by him. as plaintiff, in an action duly commenced by him in the court on the date on which section 15 ( 2 ) was com­ plied with with respect to the set-off by the filing of a plaint for the amount c laimed by way of set-off and an

ordinary summons .

S C H E D U L E 1—continued.

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T C O U R T — c o n t i n u e d .

( 4 ) Where an act ion cont inues as referred to in

subsect ion	( 3 ) —
( a )	the ord inary s u m m o n s referred to in subsection ( 3 ) shall be deemed to have been m a d e re turn­ able at the cour t in which the proceedings on the set-off con t inue on the day last set down for the hear ing of the act ion the subject of the order for removal before the o rder for removal was m a d e ; and
(b)	the defendant in the action which so continues

(be ing the plaintiff in the act ion the subject of the order for r e m o v a l ) shall be deemed to have been served with tha t o rd inary summons on the day on which the copy of the notice of set-off was served on him in accordance with the rules.

( 5 ) W h e r e an o rder unde r section 2 1 B ( 1 ) for

removal into the District C o u r t of an act ion in a cour t or of proceedings in a cour t in relat ion to a set-off takes effect, any admission m a d e in accordance with the rules for the purpose of the act ion or set-off shall , if it could have been m a d e under section 69 ( 1 ) ( b ) of the District C o u r t Act ,

1 9 7 3 , or in accordance with the rules made under that

Act , be t reated as an admission m a d e under section 69 ( 1 )
( b ) of that Ac t or those rules, as the case may be.

( 6 ) Subsect ion ( 1 ) has effect subject t o —

( a )	the District C o u r t Act , 1 9 7 3 . and the rules	made
under that Ac t ; and

( b ) any order of the District C o u r t as to p rocedure .

S C H E D U L E 1—cont inued .

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T C O U R T — c o n t i n u e d .

( 7 ) A n order m a d e by a cour t in an act ion or in

proceedings in relat ion to a set-off removed into the District C o u r t unde r subsection ( 1 ) may be set aside or varied, and is subject to appeal , as if m a d e by the District Cour t .

( 8 ) Costs payab le unde r the District C o u r t Act ,

1 9 7 3 , or under an order of the District Cour t , in respect of any step in an act ion or proceedings in relat ion to a set-off in a court removed into the District C o u r t unde r subsect ion ( 1 ) shall be limited as may be prescr ibed by the rules.

D I V I S I O N 2 . — R e m o v a l of Actions from District Court.

2 I F . ( 1 ) W h e r e an act ion is pend ing in the District

C o u r t and the District C o u r t is satisfied tha t the act ion could proper ly have been c o m m e n c e d as an act ion in a cour t or that any cross-claim (whe the r in the n a t u r e of a

set-off, cross-action or o therwise) p leaded in connect ion
with an act ion so pending could proper ly have been p leaded as a set-off in a court , the District C o u r t may, on appl ica­ tion by a par ty to the act ion or of its own mot ion , order

t h a t —

( a ) the ac t ion;

(b) proceedings in relation to any such cross-claim;

or

( c ) bo th the act ion and any such proceedings ,

be r emoved into the cour t for such district as the District C o u r t may, having regard to the principles expressed in section 16, specify in the order .

S C H E D U L E 1—cont inued .

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T C O U R T — c o n t i n u e d .

( 2 ) T h e District C o u r t shall not m a k e an order

unde r subsection ( 1 ) unless it is satisfied t h a t —

(a) in the case of an order relating to an action

(whe the r or not it also relates to a c ross -c la im) , a copy of the ord inary s ta tement of claim or of the s ta tement of l iquidated claim by the lodging of which the action was c o m m e n c e d has been served on the defendant : or

(b) in the case of an order relating to a cross-claim

(whe ther or not it also relates to an a c t i o n ) , a copy of the cross-claim has been served on the

plaintiff.

( 3 ) A n order for removal m a d e under subsection

( 1 ) shall take effect on service of a copy of the order on the registrar of the cour t or on earl ier notification of the order to the registrar of the cour t in such m a n n e r as the District Cour t may direct.

( 4 ) Subject to section 21c. ( 7 ) , an o rder for

removal m a d e under subsection ( 1 ) shall not affect the

which the order for removal relates before the o rder for	validity of any o rder m a d e or o ther thing done in the act ion, or in the proceedings in relat ion to the cross-claim, to
removal takes effect but , except as otherwise expressly provided by this Division, any such o rder or thing has no opera t ion after the o rder for removal takes effect.

( 5 ) Where the District C o u r t has m a d e an order

for removal under subsection ( 1 ) , the appl icant for the o rder shall, within 10 days after the mak ing of the order or within such other time as the District C o u r t may direct ,

S C H E D U L E 1—cont inued .

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G TO

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M THE

D I S T R I C T C O U R T — c o n t i n u e d .

or, if the appl icant defaults, any o ther par ty may , lodge with the registrar of the cour t for the district specified in the order for removal a copy of each d o c u m e n t filed in the District Cour t in the act ion, and in any proceedings in relat ion to the cross-claim, to which the o rder for removal relates.

21G. ( 1 ) Where an order under section 2 1 F ( 1 ) for removal into a cour t of an action in the District C o u r t or of proceedings in the District Cour t in relation to a cross- claim takes effect, the ac t ion or cross-claim ceases to be an act ion or cross-claim in the District Cour t but proceedings in the act ion or in relat ion to the cross-claim, as the case

may be, cont inue in the c o u r t —

(a)	where the order relates to an action only or to
both an action and a cross-claim, as if the action had been duly commenced in the court for the district specified in the order on the date on which the ord inary s ta tement of claim or s ta tement of l iquidated claim commenc ing the act ion was lodged with a registrar of the District Cour t and as if the cross-claim, if any, had been duly pleaded in accordance with this Act and the rules

as a set-off in the court for that district on the date on which the cross-claim was pleaded; and

(b) where the order relates to a cross-claim only, as

if the amount claimed by the defendant by way of cross-claim had been claimed by him in an action duly commenced by him as plaintiff in the court for the district specified in the order on the elate on which the cross-claim was pleaded.

S C H E D U L E 1—cont inued .

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G TO

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T	C O U R T — c o n t i n u e d .
( 2 ) Where an o rder unde r section 2 1 F ( 1 )	for

removal into a cour t of an act ion in the District C o u r t or of proceedings in the Distr ict C o u r t in relat ion to a cross- claim takes effect, the registrar shall fo r thwi th—

( a )	list the ac t ion or proceedings for hear ing ; and
( b )	serve on each of the part ies to the ac t ion or pro­ ceedings a copy of the o rder and a not ice of the listing of the act ion or proceedings .
( 3 )	W h e r e —
( a )	proceedings in an act ion con t inue as referred to in subsect ion ( 1 ) ( a ) , or proceedings in relat ion to a cross-claim cont inue as an act ion as referred to in subsection ( 1 ) ( b ) , due proof of service on the defendant of the notice referred to in subsect ion ( 2 ) ( b ) shall, for the purposes of section 2 6 ( 1 ) ( b ) , be deemed to be due proof of service of the summons referred to in section
26 ( 1 ) ( b ) ; a n d
( b )	proceedings in relat ion to a cross-claim cont inue
as referred to in subsect ion ( 1 ) ( a ) , section 26

( 1 A ) has effect as if any reference therein to the

prescr ibed notice of set-off were a reference to

the not ice referred to in subsect ion ( 2 ) ( b ) .

( 4 )	W h e r e —
( a )	an order is m a d e under section 2 1 F ( l ) for the removal of an act ion into a cour t ;
(b)	a cross-claim has been pleaded in respect of the
ac t ion; a n d

S C H E D U L E 1—cont inued .

A M E N D M E N T S T O T H E P R I N C I P A L A C T R E L A T I N G T O

T H E R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T	C O U R T — c o n t i n u e d .
( c )	no order unde r section 2 1 F ( 1 ) has been m a d e for the removal of the proceedings in relat ion to the cross-claim,

the cross-claim ceases to be a cross-claim in the Distr ict C o u r t but proceedings in relat ion to the cross-claim con­ t inue, in accordance with rules m a d e under the District C o u r t Ac t , 1 9 7 3 , in the Distr ict C o u r t as if the a m o u n t c la imed by the defendant by way of cross-claim had been c la imed by him, as plaintiff, in an action duly c o m m e n c e d in the District C o u r t on the da te on which the cross-claim was pleaded.

( 5 ) W h e r e an order unde r section 2 1 F ( 1 ) for

removal into a cour t of an action in the District C o u r t or of proceedings in the District C o u r t in relat ion to a cross- claim takes effect, any admission m a d e as required by the Distr ict C o u r t unde r section 69 ( 1 ) ( b ) of the District C o u r t Act , 1 9 7 3 , or m a d e in accordance with the rules m a d e under that Act , for the purpose of the act ion shall, if it could have been m a d e under the rules, be t rea ted as an admission m a d e under the rules in the act ion or proceedings in that cour t .

( 6 ) Subsect ion ( 1 ) has effect subject to this Ac t

and the rules.

( 7 ) A n order m a d e by the District C o u r t in an

act ion or in proceedings in relat ion to a cross-claim removed into a cour t under subsection ( 1 ) may be set aside or varied, and is subject to appeal , as if m a d e by the cour t .

S C H E D U L E 1—cont inued .

A M E N D M E N T S T O THE P R I N C I P A L A C T R E L A T I N G TO

THE R E M O V A L O F A C T I O N S I N T O OR F R O M T H E

D I S T R I C T C O U R T — c o n t i n u e d .

( 8 ) No costs shall be payable under the District C o u r t Act , 1973 , or under an order of the District Cour t , in respect of any step in an act ion or proceedings in rela­ tion to a cross-claim removed into a court under subsection ( 1 ) .

( 9 ) In respect of an action or proceedings in rela­

tion to a cross-claim removed under subsection ( 1 ) into a

court , there shall be p a y a b l e —

(a) as regards the order of removal, the copies of

the order and any step in the action or proceed­ ings before the order takes effect, professional costs in such amoun t as may be specified in the

judgment :  and
(b)	as regards any fees paid in respect of the pro­

ceedings in the District Cour t in the action or the proceedings in relation to the cross-claim up to and including the t ime of the making of the order of removal , costs in the a m o u n t of those fees,

but otherwise no costs as regards any such mat ters shall be

payable under this Act. ( 1 0 ) Costs allowed as referred to in subsection

( 9 ) shall be added to the judgment debt or made the

subject of an order referred to in section 35 , as the case

may require .

( 4 ) Section 28 ( 1 1 ) —

After "sect ion 3 5 " , insert "bu t subject to section 2 1 G ( 9 ) " .

SCHEDULE 1—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO

THE REMOVAL OF ACTIONS INTO OR FROM THE

DISTRICT COURT—continued.

(5) (a) Section 33 ( 1 ) —

Omit "subsection ( 2 ) " , insert instead "subsections

(1A) and (2 ) " .

(b) Section 33 ( 1 A ) —

After section 33 ( 1 ) , insert :—

(1A) Nothing in subsection (1) affects the

operation of section 21G (9) or ( 1 0 ) .

(6) Section 34—

Omit "subsection (3) of section 27", insert instead

"sections 2lG (10) and 27 ( 3 ) " .

(7) Section 3 5 —

After "the court may", insert "subject to section 21G

(9) , " .

(8) Section 36 ( 2 ) —

After "and 35,", insert ", but subject to section 21G (9 ) , " .

(9) Section 3 7 —

After "section", insert " 2 1 G ( 9 ) , " .

S C H E D U L E 1—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T RELATING TO

THE REMOVAL OF ACTIONS INTO OR FROM THE

DISTRICT COURT—continued.

(10) Section 84 (1) (n) —

Omit "or section 20 (4) of the Frustrated Contracts Act,

1978,".

SCHEDULE 2.

F U R T H E R A M E N D M E N T S TO THE PRINCIPAL A C T .

(1) Section 12 ( 1 ) —

Omit "$2,000", insert instead "$3,000".

(2) Section 13 ( 3 ) —

Omit "$2,000", insert instead "$3,000".

(3) (a) Section 15 C D -	Omit "$2,000", insert instead "$3,000".
(b)	Section 15 ( 6 ) —
Omit "$2,000", insert instead "$3,000".

(c) Section 15 ( 8 ) , ( 9 ) —

Omit the subsections.

SCHEDULE 2—continued.

F U R T H E R A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(4) (a) Section 16 ( l ) , ( 2 ) , ( 2 A ) —

Omit section 16 (1) and ( 2 ) , insert instead :—

(1) In this section, "appropriate court", in rela­ tion to a defendant, means the court held for any one of the following districts :—-

(a)	the district in which the defendant had, at
the time the cause of action arose, his place of abode;
(b)	the district in which the defendant had, at

that time, his place of business;

(c) the district in which the defendant had, at

that time, his place of employment;

(d)	the district in which the defendant has, at
the time the action is commenced, his place of abode;
(e)	the district in which the defendant has, at
the time the action is commenced, his place of business;

(f)	the district in which the defendant has, at
the time the action is commenced, his place of employment;
(g)	the district in which the cause of action

arose.

(2) Every court, wherever situated, shall have jurisdiction in accordance with this Act.

SCHEDULE 2—continued.

FURTHER A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(2A) Where an action is commenced in a court which is not an appropriate court, the defendant or any one of two or more defendants may file with the registrar of the court, within such time and in such manner as may be prescribed—

(a) a notice—

(i)   stating that he intends to defend the action and, in the case of an action commenced by the filing of a special summons, that he intends or does not intend to defend the action in the manner referred to in section

23A (2) (b) or ( c ) ;

(ii)   specifying the grounds of his defence; and

(iii)   stating that he elects that the action be transferred to an appropriate court specified in the notice; and

(b) an affidavit verifying the facts on which

he intends to rely for his defence.

(b) Section 16 (3) —

Omit "the defendant makes an election under sub­ section ( 2 ) . insert instead "a defendant tiles a notice, accompanied by an affidavit, under subsection ( 2 A ) .

(c) Section 16 ( 3 ) —

Omit "court for the district specified in the notice of election", insert instead "appropriate court specified in the notice".

SCHEDULE 2—continued.

FURTHER A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(d) Section 16 (4) ( a ) —

Omit "(in this subsection referred to as the 'transferee court ')".

(e) Section 16 (4) —

Omit "transferee court'" where secondly and thirdly occurring, insert instead "court to which the action was transferred".

(f) Section 16 (4) ( b ) —

Omit "a court for a district in which is situated a place referred to in paragraph (a) or (b) of subsection (2 ) " , insert instead "an appropriate court".

(g) Section 1 6 ( 4 ) —

Omit "a court specified in the order, being a court for a district in which is situated a place referred to in

paragraph (a) or (b) of subsection (2)"', insert

instead "an appropriate court".

(h) Section 16 (5) (a) —

Omit "court for the district", insert instead

'"appropriate court".

(i)    Section 16 (5) ( b ) —

After "the court", insert "making the order".

(5) Section 1 7 ( 1 ) —

Omit "27 or 28". insert instead "25A, 27, 28 or 40".

SCHEDULE 2—continued.

FURTHER A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(6) Section 23A (2A) —

After section 23A ( 2 ) , insert :—

(2A) A notice filed under section 16 (2A) shall, upon the transfer of the action, be deemed to be a notice filed under subsection ( 2 ) .

(7) Section 25 ( 1 A ) —

After section 25 ( 1 ) , insert :—

(1A) A notice filed under section 16 (2A) shall, upon the transfer of the action, be deemed to be a notice filed under subsection ( 1 ) .

(8) (a) Section 28 ( 1 ) —

After "commenced", insert "in a court".

(b) Section 28 (1) —

Omit "sign a statement", insert instead "file with the

registrar a statement signed by him".

(c) Section 28 (1) —

After "plaintiff", insert ", accompanied by an affidavit as to the defendant's property and means,".

(d) Section 28 (2) —

After "commenced", insert "in a court".

SCHEDULE 2—continued.

F U R T H E R A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(e) Section 28 ( 3 ) , (3A) , ( 3 B ) —

Omit section 28 ( 3 ) , insert instead :—•

(3) A statement under subsection (1) may, instead of being signed by the defendant, be signed by his barrister or attorney on his behalf.

(3A) An agreement referred to in subsection (2) may, instead of being entered into personally by the plaintiff or the defendant, be entered into by his barrister or attorney on his behalf.

(3B) A statement under subsection (1) or an agreement referred to in subsection (2) shall be in or to the effect of the prescribed form and shall have no force or effect for the purposes of this section unless the signature of every person executing it, other than a barrister or attorney, is witnessed by a person of a prescribed class.

(f) Section 28 (4) —

Omit "Where a statement under subsection (1) is filed with the registrar, the registrar", insert instead "The registrar with whom a statement and affidavit are filed

under subsection ( 1 ) " .

(9) Section 30 ( 2 ) —

At the end of section 30, insert :—

(2) Where a judgment is set aside, the court may, at the same time or subsequently, make such orders as it thinks fit as to the costs incurred by any party by the setting aside of the judgment or by any adjournment of the hearing of the action.

SCHEDULE 2—continued.

F U R T H E R A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(10) Section 3 7 —

Omit "27 ( 1 ) . 28 (11 ) " , insert instead "25A (5 ) , 27 ( 1 ) .

28   (11 ) , 30 ( 2 ) " .

(11) (a) Section 40 ( 3 ) , ( 3 A ) —

Omit section 40 (3 ) , insert instead : —

(3) An agreement referred to in subsection (2) (b) may, instead of being entered into personally by the judgment creditor or the judgment debtor, be entered into by his barrister or attorney on his behalf.

(3A) An agreement referred to in subsection (2) (b) shall be in or to the effect of the prescribed form and shall have no force or effect for the purposes of this section unless the signature of every person executing it, other than a barrister or attorney, is witnessed by a person of a prescribed class.

(b) Section 40 (12) —

After section 40 (11 ) , insert :—

(12) The jurisdiction under this section of any court that is prescribed by rules made for the purposes of this subsection may be exercised by the registrar of the court and any order made by him in the exercise of that jurisdiction may, on application made by the judgment creditor or the judgment debtor, be confirmed, varied or vacated by the court.

SCHEDULE 2—continued.

FURTHER A M E N D M E N T S TO THE PRINCIPAL ACT—continued.

(12) Section 53 ( 3 ) , (3A) —

Omit section 53 ( 3 ) , insert instead :—

(3) An agreement referred to in subsection (2) may, instead of being entered into personally by the judgment creditor or the garnishee, be entered into by his barrister or attorney on his behalf.

(3A) An agreement referred to in subsection (2) shall be in or to the effect of the prescribed form and shall have no force or effect for the purposes of this section unless the signature of every person executing it. other than a barrister or attorney, is witnessed by a person of a prescribed class.

SCHEDULE 3.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

LAW REVISION.

(1) Section 2 —

From the matter relating to Part VIII. omit "85'", insert instead "84".

(2) Section 3 (1) —

Omit "to this Act".

(3) Section 4 ( 1 ) , definition of "court"—

Omit "subsection (3) of section 77", insert instead "section

77   ( 3 ) " .

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(4) Section 2 1 —

Omit "eighteen", insert instead "18".

(5) Section 23A ( 5 ) —

After "such order", insert "as it thinks fit".

(6) (a) Section 25A (1)-

Omit "twenty-eight days or later than twelve", insert instead "28 days or later than 12".

(b) Section 25A (2) ( c ) —

Omit "fourteen", insert instead "14".

(c) Section 25A (3) ( a ) —

Omit "and".

(d) Section 25A (3) (c) ( i ) — After "made;", insert "and".

(7) (a) Section 26 (1B) ( d ) —

After "not", insert "of".

(b) Section 26 ( 2 ) —

Omit "paragraph (b) of subsection ( 1 ) " , insert

instead "subsection (1) ( b ) " .

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(8 ) (a) Section 27 ( 1 ) —

Omit "fourteen days or later than twelve", insert instead "14 days or later than 12".

(b) Section 27 ( 2 ) —

Omit "subparagraph (ii) of paragraph (b) of sub­ section ( 1 ) " , insert instead "subsection (1) (b) ( i i )" .

(c) Section 27 ( 3 ) —

Omit "subparagraph (ii) or (iii) of paragraph (b) of subsection (1 ) " , insert instead "subsection (1) (b) (ii) or (ii i)".

(9) (a) Section 28 ( 5 ) —

Omit :—

the registrar shall forthwith after the expiration of
that prescribed time—

(i)   enter up judgment for the plaintiff for the

amount to which the defendant has

confessed; and

(ii) where any terms of payment are specified in

the statement, order that the judgment debt	be paid by such instalments payable at such
times as are so specified.

insert instead :—
the registrar shall forthwith after the expiration of that

prescribed time—

(c) enter up judgment for the plaintiff for the amount to which the defendant has confessed; and

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W	REVISION—continued.
(d)	where any terms of payment are specified in the statement, order that the judgment debt be paid by such instalments payable at such times as are so specified.

(b) Section 28 ( 8 ) , ( 9 ) —

Omit the subsections, insert instead :—

(8) An order in respect of a judgment debt made under subsection (4) (b) (ii) or (5) (d) shall be deemed to be an order made under section 40 (4) pursuant to an application made by the judgment

debtor under section 40 (2) ( a ) .

(9) An order in respect of a judgment debt made under subsection (6) (b) shall be deemed to be an order made under section 40 (4) pursuant to an agreement referred to in section 40 (2) ( b ) .

(c) Section 28 (10) ( b ) —

Omit "subsection (5) of section 40", insert instead

"section 40 ( 5 ) " .

(10)	(a) Section 36 ( 1 ) , definition of "the prescribed amount"— From paragraph ( a ) , omit "forty dollars", insert instead "$40".
(b) Section 36 (2) —

Omit "subsection (11) of section 28, and of sections
34", insert instead "section 28 (11 ) , 34".

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

LAW REVISION—continued.

(11) Section 39 ( 2 ) —

Omit "subsection (3) of section 3", insert instead "section

3    ( 3 ) " .

(12) (a) Section 40 (4) (a) —

Omit "paragraph (a) of subsection ( 2 ) " , insert

instead "subsection (2) ( a ) " .

(b) Section 40 (4) (b) —

Omit "paragraph (b) of subsection ( 2 ) " , insert

instead "subsection (2) (b ) " .

(c) Section 40 ( 5 ) —

Omit "paragraph (a) of subsection ( 2 ) " , insert

instead "subsection (2) ( a ) " .

(13) (a) Section 41 ( 1 ) —

Omit "paragraph (b) of subsection (2 ) " , insert

instead "subsection (2) (b ) " .

(b) Section 41 (5) —

Omit "Subsection (4) of section 11", insert instead

"Section 11 ( 4 ) " .

(c) Section 41 ( 5 ) —

Omit "of this section".

(d) Section 41 (6) —

Omit "three", insert instead " 3 " .

90245H-27

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(14) (a) Section 42 ( 3 ) —

Omit "fourteen", insert instead "14".

(b) Section 42 ( 4 ) —

Omit "fourteen", insert instead "14".

(15) (a) Section 43A (1) —

Omit "fourteen", insert instead "14".

(b) Section 43A (3) ( c ) —

Omit "three", insert instead " 3 " .

(16) (a) Section 44 ( 1 ) —

Omit "paragraph (b) of subsection (2) of section 41" ,

insert instead "section 41 (2) ( b ) " .

(b) Section 44 ( 1 ) —

Omit "subsection (4) of that section", insert instead

"section 41 ( 4 ) " .

(c) Section 44 ( 2 ) —

Omit "paragraph (b) of subsection (2) of section 41" , insert instead "section 41 (2) (b ) " .

(d) Section 44 ( 3 ) —

Omit "subsection (4) of section 40", insert instead

"section 40 ( 4 ) " .

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(e) Section 44 ( 3 ) —

Omit "paragraph (a) of subsection (2) of that

section", insert instead "section 40 (2) ( a ) " .

(f) Section 44 ( 3 ) —

Omit "that section" where secondly occurring, insert instead "section 40".

(17) Section 4 6 —

Omit "One hundred dollars", insert instead "$100".

(18) Section 47 (2) (b) —

Omit "four", insert instead "4".

(19) Section 48 (3) —

Omit "four", insert instead "4".

(20) Section 49 (1 ), definition of "prescribed rate"—

Omit "eight dollars" wherever occurring, insert instead
"$8".

(21) Section 50 ( 1 ) —

Omit "ten per centum", insert instead "10 per cent".

(22) (a) Section 51 ( 1 ) —

Omit "subsection (4) of section 48", insert instead

"section 48 ( 4 ) " .

SCHEDULE 3--continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(b) Section 51 ( 2 ) —

Omit "one" wherever occurring, insert instead " 1 " .

(c) Section 51 ( 3 ) —

Omit "one" wherever occurring, insert instead " 1 " .

(23) (a) Section 52 (4) (a) ( i ) —

Omit "two hundred and fifty dollars", insert instead

"$250".

(b) Section 52 (4) (b) —

Omit "two hundred and fifty dollars", insert instead

"$250".

(c) Section 52 ( 5 ) —

Omit "paragraph (b) of subsection ( 4 ) " , insert

instead "subsection (4) ( b ) " .

(24) Section 52A ( 4 ) —

Omit "two", insert instead "2" .

(25) (a) Section 53 (4) —

Omit "paragraph (a) of subsection (2) of section

40", insert instead "section 40 (2) ( a ) " .

(b) Section 53 (4) —

Omit "subsection (4) of that section", insert instead

"section 40 ( 4 ) " .

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(c) Section 53 ( 4 ) —

Omit "that section" where secondly occurring, insert instead "section 40".

(26) Section 55 ( 1 ) —

Omit "section 55 (2 ) " , insert instead "subsection ( 2 ) " .

(27) Section 56 (1)-

Omit "One hundred dollars", insert instead "$100".

(28) Section 58 ( 1 ) —

Omit "twelve", insert instead "12".

(29) Section 59 ( 7 ) —

Omit "One hundred dollars", insert instead "$100".

(30) Section 60 (2) —

Omit "section 4 (1 ) " , insert instead "section 5".

(31) Section 6 1 —

Omit "the hour of eight in the afternoon on one day and seven in the forenoon", insert instead "8 p.m. on one day and 7 a.m.".

SCHEDULE 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE

L A W REVISION—continued.

(32) Section 65 (3) ( b ) —

Omit "paragraph (a) of subsection ( 1 ) " , insert instead

"subsection (1) ( a ) " .

(33) (a) Section 66 (1) (b) —

Omit "debtor) is", insert instead "debtor), is".

(b) Section 66 ( 3 ) —

Omit "subparagraph (i) of paragraph (d) of sub­ section ( 1 ) " , insert instead "subsection (1) (d) ( i ) " .

(c) Section 66 ( 3 ) —

Omit "subsection (1) of section 65", insert instead

"section 65 ( 1 ) " .

(34) (a) Section 72 ( 8 ) —

Omit "subsection (3) of section 84", insert instead

"section 84 ( 3 ) " .

(b) Section 72 ( 8 ) —

Omit "that section", insert instead "section 84 of that

Act".

(35) Section 7 6 —

Omit "One hundred dollars", insert instead "$100".

S C H E D U L E 3—continued.

A M E N D M E N T S TO THE PRINCIPAL A C T BY WAY OF STATUTE L A W

REVISION—continued.

(36)	Section 77 ( 1 ) —
Omit "up, or the order had been made, by", insert instead "up by, or the order had been made by,".

(37) (a) Section 7 9 —

Omit "Two hundred dollars", insert instead "$200".

(b) Section 7 9 —

Omit "six", insert instead "6" .