District Court Act 1973 (NSW)

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See also—

Victims Rights and Victims of Crime Commissioner Bill 2025

Local Court and Bail Legislation Amendment Bill 2025

An Act to establish a District Court of New South Wales, to provide for the appointment of, and the powers, authorities, duties and functions of, Judges and other officers of the Court, to empower the Court to hear and dispose of certain civil and criminal proceedings; to abolish the several District Courts and Courts of Quarter Sessions; to repeal the District Courts Act 1912 and certain other Acts; to amend the Crimes Act 1900 and certain other Acts; and for purposes connected therewith.

Part 1Preliminary1Name of Act

This Act may be cited as the District Court Act 1973.

2Commencement

This Act 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

(Repealed)

s 3: Am 1978 No 8, Sch 1 (1); 1978 No 107, sec 3 (a); 1979 No 106, Sch 1 (1); 1983 No 44, Sch 1 (1); 1983 No 202, Sch 1 (1). Rep 1984 No 170, Sch 8 (1).

4Definitions: general(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

action means action in the Court, but does not include any proceedings under Division 8 of Part 3 or under Part 4.

admitted set-off, in relation to an action, means set-off admitted by the plaintiff in the document lodged by the plaintiff to commence the action or, where a defendant pleads a cross-claim, by the defendant in the prescribed notice of the cross-claim.

Chief Judge means Chief Judge of the Court.

civil procedure rules means rules of Court made and in force under Part 3.

civil proceedings means proceedings in the Court in its civil jurisdiction.

corporation includes any body of persons that may by law sue or be sued, whether in its own name or in the name of any officer or other person.

criminal procedure rules means rules of Court made and in force under Part 4.

criminal proceedings means proceedings in the Court in its criminal jurisdiction.

file, in relation to any proceedings, means lodge with the registrar for the proper place in relation to the proceedings, for inclusion in the record of the Court.

Judge means Judge of the Court.

judgment, in relation to an action, means judgment given or entered up in the action.

jurisdictional limit of the Court means $1,250,000.

land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity.

mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire.

Note.

Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018.

Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to Judges who do not consent to the increased retirement age applying to them.

motor accident claim means a claim for damages arising from the death of, or injury to, a person where the death or injury has been caused by an act or omission of the owner or driver of a motor vehicle in the use or operation of the vehicle.

officer, in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation.

prescribed means prescribed by this Act or the rules.

Principal Registrar means the registrar for Sydney.

proceedings

  • (a)

    where occurring in a provision of Part 3 and in subsections (3) and (5), means civil proceedings,

  • (b)

    where occurring in a provision of Part 4, means criminal proceedings, and

  • (c)

    where occurring in any other provision of this Act, shall be construed according to the context in which the expression occurs.

proclaimed place means a place for the time being specified in a proclamation under section 18F.

proper place, in relation to any proceedings in the Court in its civil jurisdiction—

  • (a)

    where there has been no change of venue in respect of the proceedings—means the proclaimed place at which the proceedings were commenced,

  • (b)

    where there has been only one change of venue in respect of the proceedings—means the proclaimed place to which the venue was changed, or

  • (c)

    where there have been two or more changes of venue in respect of the proceedings—means the proclaimed place to which the venue was last changed.

registry, in relation to a proclaimed place, means the office of the registrar for the proclaimed place.

Rule Committee means the District Court Rule Committee established under section 18A.

sitting place means—

  • (a)

    any proclaimed place, and

  • (b)

    in relation to the Court’s civil jurisdiction—any place (other than a proclaimed place) that is the subject of a direction in force under section 32 (1), and

  • (c)

    in relation to the Court’s criminal jurisdiction—any place (other than a proclaimed place) that is the subject of a direction in force under section 173 (1).

the Court or the District Court means the District Court of New South Wales, and includes all registries and offices of the Court, whether they are within the precincts of the Court or not.

the registrar, in relation to any proceedings, means the registrar for the proper place in relation to the proceedings, and, where any other registrar is authorised by or under this Act to exercise or discharge any power, authority, duty or function of the registrar for that place, includes that other registrar when exercising or discharging that power, authority, duty or function.

the rules means—

  • (a)

    where occurring in Part 3 and Division 2 of Part 6, the civil procedure rules, and

  • (b)

    where occurring in Part 4, the criminal procedure rules.

work injury damages claim means a claim for an award of damages to which Division 3 (Modified common law damages) of Part 5 of the Workers Compensation Act 1987 applies.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

A reference in this Act—

  • (a)

    to the giving of a judgment is a reference to the recording and delivering of a judgment, not being a judgment under any provision of the civil procedure rules prescribed for the purposes of this paragraph, and

  • (b)

    to the entering up of a judgment is a reference to the entering up of a judgment in accordance with any provision of the civil procedure rules so prescribed.

(3)

A reference in this Act to the commencement of proceedings at a proclaimed place (however expressed) is a reference to the commencement of those proceedings by the lodging of the document commencing the proceedings with the registrar for that place.

(4)

A reference in this Act to the issue of a document at a proclaimed place (however expressed) is a reference to the issue of that document by the registrar for that place.

(5)

A reference in this Act to a stay of proceedings (however expressed) includes a reference to a stay of enforcement of the judgment arising from the proceedings.

(6)

A reference in this Act to a stay of enforcement of a judgment includes a reference to a stay of the issue of an order or writ under Part 8 of the Civil Procedure Act 2005.

(7)

Where a provision of this Act refers to the amount claimed in an action or cross-claim or to the amount for which an action is authorised by this Act to be brought and the action or cross-claim is for the detention of goods, the reference to that amount shall be construed as a reference to an amount equivalent to the value of the goods together with any damages claimed for the detention of the goods.

(8)

A reference in this Act to a Court of Quarter Sessions includes a reference to a court which, before 1 July 1973, was a Court of Sessions of the Peace, General Sessions of the Peace, General Sessions, General Quarter Sessions, General or Quarter Sessions, or General and Quarter Sessions.

(9)

A reference in this Act to criminal jurisdiction includes a reference to jurisdiction to hear an appeal from any conviction, finding of guilt, sentence or other decision relating to the commission or alleged commission of an offence against the law in force in New South Wales.

(10)

In this Act—

  • (a)

    a reference to a function includes a reference to a power, authority and duty, and

  • (b)

    a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(11)

A reference in this or any other Act, or in any instrument, to the registrar of the District Court for a proclaimed place is, if there are 2 registrars for that place, a reference to either registrar.

(12)

Notes included in this Act do not form part of this Act.

s 4: Am 1982 No 41, Sch 2 (1); 1984 No 170, Schs 1 (1), 2 (1), 8 (2); 1986 No 210, Sch 1 (1); 1994 No 32, Sch 3; 1995 No 88, Sch 1.3 [1]; 1997 No 58, Sch 1 [1]; 1997 No 141, Sch 1.5 [1]; 2001 No 94, Sch 1.3 [1]; 2003 No 71, Sch 3 [1]; 2004 No 68, Sch 7 [1]; 2005 No 28, Sch 5.12 [1]–[3]; 2005 No 77, Sch 6.4 [1]; 2006 No 120, Sch 3.8 [1]; 2018 No 87, Sch 2.2 [1]; 2022 No 72, Sch 1[1].

5Definition: nearest proclaimed place(1)

A reference in this Act to the nearest proclaimed place to another place (however expressed) is a reference to the proclaimed place the distance between the principal registry for which and that other place is shorter than the distance between any other principal registry and that other place.

(2)

In subsection (1)—

distance means distance computed in accordance with the civil procedure rules.

principal registry, in relation to a proclaimed place, means—

  • (a)

    where there is only one registry for the proclaimed place—that registry, or

  • (b)

    where there are two or more registries for the proclaimed place—the registry specified in, or determined in accordance with, the civil procedure rules as being the principal registry for the proclaimed place.

(3)

The Governor may, at the Governor’s discretion, by proclamation, specify an address or a place at which the principal registry for a proclaimed place shall be deemed to be situated, and that principal registry shall, for the purposes of subsection (1), be deemed to be situated at the address or place so specified, notwithstanding that it may be situated elsewhere.

s 5: Am 1984 No 170, Sch 2 (2); 1994 No 32, Sch 3.

6Order on terms

Where under this Act or the civil or criminal procedure rules the Court may make any order or give any direction or leave or do any other thing on terms, the Court may make the order or give the direction or leave or do the thing on such terms and conditions (if any) as the Court thinks fit.

s 6: Am 1984 No 170, Sch 2 (3).

7Application of certain provisions of this Act

The provisions of Part 3 and Division 2 of Part 6 and the civil procedure rules—

  • (a)

    apply to and in respect of proceedings in the Court in its civil jurisdiction, and

  • (b)

    except as provided by Part 4, do not apply to or in respect of proceedings in the Court in its criminal jurisdiction.

s 7: Am 1984 No 170, Sch 2 (4).

Part 2The District Court of New South WalesDivision 1Establishment of the Court8The Court(1)

There shall be a District Court of New South Wales.

(2)

The Court shall be a court of record.

(3)

There shall be a seal of the Court, and any document required by or under this or any other Act or law to be sealed or stamped with the seal of the Court shall be so sealed or stamped.

9Jurisdiction of the Court generally(1)

The Court shall have a civil jurisdiction, consisting of—

  • (a)

    its jurisdiction conferred by Part 3, and

  • (b)

    the jurisdiction conferred by or under any other Act or law on the Court, not being its jurisdiction referred to in subsection (2).

(2)

The Court shall have a criminal jurisdiction, consisting of—

  • (a)

    its jurisdiction conferred by Part 4, and

  • (b)

    the jurisdiction conferred by or under any other Act or law on the Court in its criminal jurisdiction.

s 9: Am 1984 No 170, Sch 2 (5).

10State-wide jurisdiction

The Court, wherever sitting, shall, subject to this Act, have jurisdiction throughout the whole of New South Wales.

11Single Judge to constitute the Court(1)

All civil and criminal proceedings in the Court, and all business arising out of any such proceedings, shall, subject to this Act and the Jury Act 1977, be heard and disposed of before a Judge, who shall constitute the Court.

(2)

Subsection (1) does not affect the provisions of this Act and the civil or criminal procedure rules concerning the hearing and disposal of civil and criminal proceedings and business before a registrar or other officer of the Court.

s 11: Am 1984 No 170, Schs 2 (6), 8 (3).

Division 2JudgesSubdivision 1Composition of Court and appointment of Judges

pt 2, div 2, sdiv 1, hdg: Ins 2025 No 53, Sch 1[1].

12Composition of the Court

The Court shall be composed of a Chief Judge and such other Judges as the Governor may from time to time appoint.

13Appointment and qualifications of Judges(1)

The Governor may, by commission under the public seal of the State, appoint any qualified person as a Judge.

(2)

In this section—

qualified person means any of the following persons—

  • (a)

    a person who is an Australian lawyer of at least 7 years’ standing,

  • (b)

    a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory,

  • (c)

    without limiting paragraph (a) or (b), the Chief Magistrate of the Local Court.

  • (d)

    (Repealed)

(3)

The following provisions apply to and in respect of the Chief Magistrate of the Local Court if the Chief Magistrate also holds office as a Judge—

  • (a)

    service by the Chief Magistrate in the office of the Chief Magistrate (during any period for which the Chief Magistrate also holds office as a Judge) is, for the purposes of this Act (including section 15) and the Judges’ Pensions Act 1953, taken to be service in the office of a Judge,

  • (b)

    the Chief Magistrate may not hear or determine an appeal in the Chief Magistrate’s capacity as a Judge from any decision made by the Chief Magistrate in the Chief Magistrate’s capacity as a Magistrate of the Local Court,

  • (c)

    nothing in this Act or any other law requires the Chief Magistrate to devote the whole of the Chief Magistrate’s time to the duties of a Judge.

Note.

Section 14 (5) of the Local Court Act 2007 enables a Chief Magistrate who has been appointed as a Judge to exercise the jurisdiction of the District Court while holding office as the Chief Magistrate by arrangement with the Chief Judge.

(4)–(6)

(Repealed)

(7)

A Judge shall, while holding office as such, be deemed to have been appointed a justice of the peace.

(8)

A person who vacates office as a Judge may, despite vacating office, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before vacating office (including proceedings that were instituted before the commencement of this subsection).

(9)

While a person completes or otherwise continues under subsection (8) to deal with any matters relating to proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge.

s 13: Am 1982 No 41, Sch 2 (2); 1993 No 87, Sch 5; 1994 No 32, Sch 3; 2001 No 85, Sch 2 [1]; 2002 No 7, Sch 3; 2005 No 64, Sch 1.8 [1]; 2006 No 120, Sch 3.8 [2]; 2010 No 63, Sch 1.9 [1] [2]; 2012 No 60, Sch 6; 2025 No 53, Sch 1[2]–[7].

14

(Repealed)

s 14: Am 1986 No 100, Sch 4. Rep 1987 No 236, Sch 1 (1).

15Remuneration(1)

The Judges (other than the Chief Judge) are entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.

(2)

The remuneration referred to in subsection (1) and payable to a Judge shall be paid to the Judge so long as he or she continues to hold office.

(3)

However, a Judge is not entitled to the remuneration referred to in subsection (1) for any period for which the Judge is on leave without pay (being leave that is agreed to by the Judge).

s 15: Subst 1976 No 4, Sch 5. Am 1994 No 32, Sch 3; 1995 No 21, Sch 2.2 [1]; 2009 No 56, Sch 1.11.

Subdivision 2Chief Judge

pt 2, div 2, sdiv 2: Ins 2025 No 53, Sch 1[8].

15AAOffice of Chief Judge(1)

The Governor may appoint a Judge to be Chief Judge—

  • (a)

    by the commission of a person’s appointment as a Judge, or

  • (b)

    by a subsequent commission under the public seal of the State.

(2)

Subject to subsection (3), the Chief Judge holds office as long as the person holds office as a Judge.

(3)

With the approval of the Governor, the Chief Judge may resign from the office of Chief Judge without resigning from the office of Judge.

s 15AA: Ins 2025 No 53, Sch 1[8].

15AThe Chief Judge(1)

The Chief Judge is entitled to a like style and title as that to which a Judge of the Supreme Court (other than the Chief Justice and the President of the Court of Appeal) is entitled.

(2)

The Chief Judge is entitled to the same remuneration as that to which a Judge of the Supreme Court (other than the Chief Justice and the President of the Court of Appeal) is entitled.

s 15A: Ins 1995 No 21, Sch 2.2 [2].

16Vacancy in office of or absence of Chief Judge(1)

Where there is a vacancy in the office of Chief Judge, or the Chief Judge is absent from duty, the senior of the other Judges willing to act as Chief Judge shall, if there is no Acting Chief Judge appointed under section 17, act as Chief Judge, and shall, while so acting, have the powers and authorities and fulfil the duties of the Chief Judge.

(2)

For the purposes only of subsection (1)—

  • (a)

    the Judges shall have seniority between themselves according to the dates of their commissions as Judges under this Act or the District Courts Act 1912, a Judge whose commission is dated earlier than that of another Judge being senior to that other Judge, and

  • (b)

    if the commissions of two or more Judges bear the same date, those Judges shall have seniority between themselves according to the seniority assigned to them by their commission or, failing any such assignment, according to the order of their being sworn.

s 16: Am 1994 No 32, Sch 3.

17Acting Chief Judge(1)

The Governor may, by commission under the public seal of the State, appoint a Judge to be Acting Chief Judge during such period as the Chief Judge may be absent from duty.

(1A)

Unless the Governor has made an appointment under subsection (1) (and without limiting subsection (1)), the Attorney General may, by instrument in writing, appoint a Judge to be Acting Chief Judge during such period as the Chief Judge may be absent from duty.

(1B)

An appointment under this section may be made for a particular absence or for any absence that occurs from time to time.

(2)

While holding office, the Acting Chief Judge shall have the powers and authorities and fulfil the duties of the Chief Judge, and is entitled to be paid remuneration at the rate provided for the Chief Judge.

(3)

In this section, absent from duty includes a vacancy in the office of Chief Judge.

s 17: Am 1976 No 4, Sch 5; 1994 No 32, Sch 3; 2015 No 2, Sch 3.2 [1] [2].

Subdivision 3Deputy Chief Judges

pt 2, div 2, sdiv 3: Ins 2025 No 53, Sch 1[9].

17AOffice of Deputy Chief Judge(1)

The Governor may, on the recommendation of the Attorney General and by a commission under the public seal of the State, appoint one or more Judges to be Deputy Chief Judge.

(2)

A Deputy Chief Judge is appointed for a term of 5 years and may be reappointed.

Note—

See section 15, which provides for the remuneration of Judges, including Deputy Chief Judges, in accordance with the Statutory and Other Offices Remuneration Act 1975.

(3)

With the approval of the Governor, a Deputy Chief Judge may resign the office of Deputy Chief Judge without resigning from the office of Judge.

(4)

A Deputy Chief Judge may exercise any power of the Chief Judge delegated to the Deputy Chief Judge, other than the power of delegation.

Note—

See also section 17, which provides for the Governor to appoint a Judge, including a Deputy Chief Judge, to be Acting Chief Judge.

(5)

A Deputy Chief Judge may, while holding the office of Deputy Chief Judge, hold another judicial office of the State.

(6)

If a Deputy Chief Judge, while holding the office of Deputy Chief Judge, holds another judicial office of the State, the Deputy Chief Judge is entitled to be paid the higher of the following—

  • (a)

    remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, as provided for in section 15,

  • (b)

    remuneration as the holder of the other judicial office.

s 17A: Ins 2025 No 53, Sch 1[9].

Subdivision 4Acting Judges

pt 2, div 2, sdiv 4, hdg: Ins 2025 No 53, Sch 1[9].

18Acting Judges(1)

The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge for a time not exceeding 5 years to be specified in the commission.

(2)

In subsection (1), qualified person means a person qualified for appointment as a Judge.

(3)

The person so appointed, for the time and subject to the conditions or limitations specified in the person’s commission, shall have the powers and authorities and fulfil the duties of the Judge and shall, for the purposes of this or any other Act (other than the Statutory and Other Offices Remuneration Act 1975), be deemed to be a Judge.

(3A)

The person so appointed may, despite the expiration of the period of the person’s appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period.

(3AA)

While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the person’s appointment, the person has all the entitlements and functions of a Judge (subject to the conditions and limitations specified in the person’s commission) and, for the purposes of those proceedings, is taken to continue to be a Judge.

(3B)

The person so appointed is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975.

(3C)

The remuneration payable to a person appointed under this section is to be paid—

  • (a)

    so long as the person continues to hold office, or

  • (b)

    until the person has completed or otherwise dealt with matters (as referred to in subsection (3A)),

whichever is the later.

(4)

A retired Judge of the Court or of another court in New South Wales (including a retired judicial member of the Industrial Commission or the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years.

(4A)

A person who is or has been a judge of the Federal Court of Australia or Federal Circuit and Family Court of Australia (Division 1) or of the Supreme Court, District Court or County Court of another State or Territory may be so appointed even though that person has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years.

(4B)

A person who is or has been an associate Judge of the Supreme Court of New South Wales may be so appointed even though that person has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years.

(5)

The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the Judges’ Pensions Act 1953) by the person.

(6)

A person appointed under this section may be appointed under the title of Acting Judge or Associate Judge.

s 18: Am 1987 No 236, Sch 1 (2); 1988 No 10, Sch 4; 1989 No 169, Sch 3 (1); 1990 No 56, Sch 1, Part 2; 1990 No 108, Sch 1; 1991 No 94, Sch 1; 1994 No 32, Sch 3; 1996 No 30, Sch 1.15 [1] [2]; 1996 No 121, Sch 4.16; 2001 No 85, Sch 2 [2]; 2005 No 64, Sch 1.8 [2]; 2010 No 88, Sch 3; 2015 No 2, Sch 3.2 [3]–[5]; 2016 No 54, Sch 1.8 [1] [2]; 2018 No 87, Sch 2.2 [2]; 2023 No 7, Sch 1.6[1].

Division 3Rule Committee

pt 2, div 3: Ins 1984 No 170, Sch 1 (2).

18AEstablishment of the Rule Committee

There shall be a District Court Rule Committee.

s 18A: Ins 1984 No 170, Sch 1 (2).

18BComposition of the Rule Committee(1)

The Rule Committee shall be composed of no fewer than 9 and no more than 10 members.

(2)

Of the members of the Rule Committee—

  • (a)

    one shall be the Chief Judge,

  • (b)

    six shall be Judges other than the Chief Judge,

  • (c)

    one shall be a barrister, and

  • (d)

    one shall be a solicitor.

(3)

If the Minister thinks it appropriate to do so, the Minister may, by instrument in writing, appoint as a member of the Rule Committee a person who, in the Minister’s opinion, is suitably qualified to hold that position.

(4)

A member of the Rule Committee referred to in subsection (2) (b), (c) or (d) shall be appointed by the Chief Judge by instrument in writing.

(5)

Subject to this section, a member of the Rule Committee referred to in subsection (2) (b), (c) or (d) shall hold office for such period as may be specified in the member’s instrument of appointment and, if otherwise qualified, is eligible for re-appointment or, as the case may be, for further re-appointment.

(6)

A member of the Rule Committee referred to in subsection (3) shall hold office as such only during the pleasure of the Minister.

(7)

A member of the Rule Committee referred to in subsection (2) ceases to hold office as such—

  • (a)

    when the member ceases to hold the qualification by virtue of which the member was appointed, or

  • (b)

    in the case of a member referred to in subsection (2) (b), (c) or (d), if the member resigns as such by writing under the member’s hand addressed to the Chief Judge.

(8)

In the event of the office of any member of the Rule Committee becoming vacant, a suitably qualified person—

  • (a)

    in the case of a member referred to in subsection (2) (b), (c) or (d), shall, and

  • (b)

    in the case of a member referred to in subsection (3), may,

subject to this section, be appointed to fill the vacancy.

(9)

In this section and in section 18BA—

barrister has the same meaning as in the Legal Profession Uniform Law (NSW).

solicitor has the same meaning as in the Legal Profession Uniform Law (NSW).

s 18B: Ins 1984 No 170, Sch 1 (2). Am 1994 No 32, Sch 1; 2006 No 120, Sch 3.8 [3]; 2015 No 7, Sch 2.13 [1].

18BADeputies for barrister and solicitor members(1)

The Chief Judge may, from time to time, appoint to the Rule Committee—

  • (a)

    a barrister to be the deputy of the member appointed under section 18B (2) (c), and

  • (b)

    a solicitor to be the deputy of the member appointed under section 18B (2) (d),

and the Chief Judge may revoke any such appointment.

(2)

In the absence of a member appointed under section 18B (2) (c) or (d), the member’s deputy—

  • (a)

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

  • (b)

    while so acting, has the functions of the member and is taken to be the member.

s 18BA: Ins 1994 No 32, Sch 1.

18CChairperson and deputy chairperson of Rule Committee(1)

The Chief Judge shall be the chairperson of the Rule Committee and one of the other members of that Committee shall, in and by the relevant instrument of appointment as such a member or by another instrument executed by the Chief Judge, be appointed as deputy chairperson of that Committee.

(2)

(Repealed)

s 18C: Ins 1984 No 170, Sch 1 (2). Am 2002 No 53, Sch 2.12 [1] [2].

18DMeetings of the Rule Committee(1)

The procedure for calling meetings of the Rule Committee and for the conduct of business at those meetings shall, subject to any procedure that is prescribed by or under this Act, be as determined by the Rule Committee.

(2)

Five members of the Rule Committee shall form a quorum and any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and shall have and may exercise all the powers, authorities, duties and functions of the Rule Committee.

(3)

The chairman of the Rule Committee or, in the absence of the chairman, the deputy chairman of that Committee shall preside at a meeting of that Committee.

(4)

In the absence from a meeting of the Rule Committee of both the chairman and the deputy chairman another member of the Rule Committee elected by the members present shall preside at the meeting.

(5)

The person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(6)

A decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present shall be the decision of that Committee.

(7)

The Chief Judge shall call the first meeting of the Rule Committee in such manner as the Chief Judge thinks fit and, subject to any decision of that Committee under subsection (1), may call other meetings of that Committee as and when the Chief Judge thinks necessary.

(8)

The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Rule Committee for the time being, and a resolution in writing approved in writing by a majority of those members is to be taken to be a decision of the Rule Committee.

s 18D: Ins 1984 No 170, Sch 1 (2). Am 1990 No 108, Sch 1.

18ESecretary to the Rule Committee(1)

A person may be employed in the Public Service under the Government Sector Employment Act 2013 as the Secretary to the Rule Committee.

(2)

The employment of a person as Secretary is subject to the prior approval of the Chief Judge.

(3)

A person may be employed as Secretary in conjunction with some other office or role in the Public Service, including the office of registrar.

(4)

The Secretary to the Rule Committee has and may exercise and discharge such powers, authorities, duties and functions as may be specified in the civil procedure rules or the criminal procedure rules or as the Rule Committee may determine.

s 18E: Ins 1984 No 170, Sch 1 (2). Am 1996 No 111, Sch 1.3 [1]; 2015 No 58, Sch 3.28 [1].

Division 4Arrangement of business of Court

pt 2, div 4, hdg: Ins 1986 No 210, Sch 1 (2). Subst 2025 No 53, Sch 1[10].

pt 2, div 4: Ins 1986 No 210, Sch 1 (2).

18FProclaimed places(1)

The Governor may, by proclamation, specify places at which the Court may sit, and one of those places shall be Sydney.

(2)

In this section, place means city, town or other place.

s 18F: Ins 1986 No 210, Sch 1 (2).

18FAAPower to give directions for orderly and expeditious discharge of business of Court(1)

For the purposes of ensuring the orderly and expeditious discharge of the business of the Court, the Chief Judge and Deputy Chief Judges may give directions about the following—

  • (a)

    the Judges who are to exercise the Court’s jurisdiction in specified matters or matters of a specified class,

  • (b)

    the Judges who are to sit at proclaimed places and to exercise certain functions at the proclaimed places,

  • (c)

    the matters or classes of matters that may be dealt with at the proclaimed places,

  • (d)

    the specified functions to be exercised by specified Judges or Judges of a specified class.

(2)

The Chief Judge may consult with other Judges as the Chief Judge considers appropriate and practicable before giving a direction.

(3)

A direction given by the Chief Judge prevails, to the extent of any inconsistency, over a direction given by a Deputy Chief Judge.

s 18FAA: Ins 2025 No 53, Sch 1[11].

Division 5Registrars

pt 2, div 5: Ins 1986 No 210, Sch 1 (2).

Subdivision 1Judicial Registrars

pt 2, div 5, sdiv 1, hdg: Ins 2004 No 68, Sch 7 [2]. Subst 2025 No 53, Sch 1[12].

pt 2, div 5, sdiv 1: Ins 2004 No 68, Sch 7 [2].

18FAAppointment and qualifications of Judicial Registrars(1)

The Minister may appoint any qualified person to be a Judicial Registrar of the Court.

(2)

A person is qualified for appointment as a Judicial Registrar if the person is an Australian lawyer.

(3)

A Judicial Registrar is to devote the whole of the Judicial Registrar’s time to the office of Judicial Registrar.

(4)

The office of Judicial Registrar is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office.

(5)

A Judicial Registrar is an officer of the Court.

(6)

Schedule 1A has effect with respect to a Judicial Registrar.

s 18FA: Ins 2004 No 68, Sch 7 [2]. Am 2006 No 120, Sch 3.8 [4]; 2015 No 58, Sch 3.28 [2]; 2025 No 53, Sch 1[13]–[16].

18FBPowers of Judicial Registrars(1)

A Judicial Registrar may, subject to the direction of the Chief Judge, exercise such powers of the Court as are, by or under this or any other Act, conferred on the Judicial Registrar. The Judicial Registrar constitutes the Court for the purpose of the exercise of those powers.

(2)

(Repealed)

(3)

A judgment given or an order made or a direction given by a Judicial Registrar has effect as a judgment or order or direction of the Court, whether or not the judgment, order or direction is within the powers of the Judicial Registrar.

s 18FB: Ins 2004 No 68, Sch 7 [2]. Am 2006 No 23, Sch 4 [1] [2]; 2025 No 53, Sch 1[13] [15] [17].

18FCActing Judicial Registrars(1)

If there is a vacancy in the office of Judicial Registrar, or a Judicial Registrar is absent from duty, the Minister may appoint a person who is qualified for appointment as a Judicial Registrar to act in the position of Judicial Registrar for the period of the vacancy or absence from duty.

(2)

A person appointed under subsection (1) has, for the period of the appointment, all the entitlements, powers, authorities, functions and duties of a Judicial Registrar and, for that period, is taken to be a Judicial Registrar.

s 18FC: Ins 2004 No 68, Sch 7 [2]. Am 2025 No 53, Sch 1[13] [14].

Subdivision 2Other registrars

pt 2, div 5, sdiv 2, hdg: Ins 2004 No 68, Sch 7 [2].

18GRegistrars(1)

There shall be a registrar of the Court for each proclaimed place.

(2)

The Principal Registrar, and the registrar for any proclaimed place specified for the purposes of this subsection by the Minister by order published in the Gazette, may be employed in the Public Service under the Government Sector Employment Act 2013.

(3)

(Repealed)

(4)

The Minister may, by order published in the Gazette, direct that there can be 2 registrars for a particular proclaimed place, each having the functions specified in that order.

(5)

(Repealed)

s 18G: Ins 1986 No 210, Sch 1 (2). Am 1995 No 88, Sch 1.3 [2]; 2001 No 121, Sch 2.85 [1]; 2004 No 68, Sch 7 [3] [4]; 2007 No 56, Sch 5 [1]; 2015 No 58, Sch 3.28 [3].

18HFunctions of registrars(1)

The registrar for a proclaimed place has and may exercise—

  • (a)

    in the case of an action to which the Civil Procedure Act 2005 applies, the functions conferred on the registrar pursuant to section 12 or 13 of that Act, or

  • (b)

    in any other case, the functions prescribed by the civil procedure rules or the criminal procedure rules.

(2)

The registrar for a proclaimed place may exercise any or all of those functions in respect of that proclaimed place only.

(3)

The Principal Registrar may exercise any or all of those functions in respect of any place in the State.

s 18H: Ins 1986 No 210, Sch 1 (2). Am 1995 No 88, Sch 1.3 [3]; 2004 No 68, Sch 7 [5]; 2005 No 28, Sch 5.12 [4].

18IAssistant registrars(1)

One or more assistant registrars may be employed in the Public Service under the Government Sector Employment Act 2013 for a proclaimed place.

(2), (3)

(Repealed)

s 18I: Ins 1986 No 210, Sch 1 (2). Am 2001 No 121, Sch 2.85 [2]; 2007 No 56, Sch 5 [2]; 2015 No 58, Sch 3.28 [4].

18JFunctions of assistant registrars(1)

An assistant registrar for a proclaimed place has and may exercise—

  • (a)

    in the case of an action to which the Civil Procedure Act 2005 applies, the functions conferred on the assistant registrar pursuant to section 12 or 13 of that Act, or

  • (b)

    in any other case, such of the registrar’s functions as may be prescribed by the civil procedure rules or the criminal procedure rules.

(1A)

An assistant Principal Registrar may exercise any or all of the functions of the Principal Registrar in respect of any place in the State.

(2)

Anything done or omitted to be done by an assistant registrar for a proclaimed place in the exercise of the assistant registrar’s functions under this Act shall, for the purposes of this Act, have the same effect as if it had been done or omitted by the registrar for that proclaimed place.

(3)

Nothing in this section affects the functions of any registrar.

s 18J: Ins 1986 No 210, Sch 1 (2). Am 1995 No 88, Sch 1.3 [4] [5]; 2004 No 68, Sch 7 [6]; 2005 No 28, Sch 5.12 [5].

18KTemporary appointment of registrars and assistant registrars(1)

The Minister may, by order in writing, appoint a person to act in the office of registrar or assistant registrar during—

  • (a)

    an absence from duty of the registrar or assistant registrar, or

  • (b)

    a vacancy of not more than 6 months’ duration in the office of the registrar or assistant registrar.

(2)

The Minister may delegate to the Secretary of the Department of Justice the Minister’s power of appointment under this section.

(3)

While acting in the office of registrar or assistant registrar, a person so appointed has and may exercise all the functions of that office.

(4)

Any act, matter or thing done by a person while purporting to exercise a function conferred by this section is not ineffective or unlawful by reason only that either of the circumstances referred to in subsection (1) (a) or (b) did not exist when the act, matter or thing was done.

(5)

Any act, matter or thing done by a person while acting in the office of registrar or assistant registrar is taken to have been done by the registrar or assistant registrar, as the case requires.

(6)

This section does not apply to an office that is held by a registrar of the Local Court.

s 18K: Ins 1996 No 111, Sch 1.3 [2]. Am 2001 No 121, Sch 2.85 [3]; 2007 No 94, Sch 2; 2015 No 58, Sch 3.28 [5].

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

A registrar of the 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)

A deputy registrar of the 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 the 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.

s 18L: Ins 2007 No 56, Sch 5 [3]. Am 2009 No 106, Sch 4.15 [1]–[3].

Part 3The civil jurisdiction of the CourtDivision 1Officers and general provisionsSubdivision 119–24

(Repealed)

s 19: Am 1984 No 170, Schs 7 (1), 8 (4). Rep 1986 No 210, Sch 1 (3).

s 20: Subst 1984 No 170, Sch 3 (1). Rep 1986 No 210, Sch 1 (3).

s 21: Am 1982 No 41, Sch 2 (3); 1983 No 44, Schs 1 (2), 2. Rep 1984 No 170, Sch 3 (1).

s 22: Am 1984 No 170, Schs 7 (1), 8 (5). Rep 1986 No 210, Sch 1 (3).

s 23: Rep 1986 No 210, Sch 1 (3).

s 24: Rep 1984 No 170, Sch 3 (2).

Subdivision 2Sheriff

pt 3, div 1, sdiv 2, hdg: Subst 1988 No 20, Sch 4 (1). Am 2005 No 28, Sch 5.12 [6].

pt 3, div 1, sdiv 2: Subst 1988 No 20, Sch 4 (1).

25Sheriff and Sheriff’s officers(1)

The Sheriff shall have and may exercise the functions conferred or imposed on the Sheriff by this Act and the rules.

(2)

Unless the rules provide otherwise, the Sheriff may delegate to any Sheriff’s officer any of the Sheriff’s functions under this Act, except this power of delegation.

(3)

Subject to the rules, the Sheriff and any Sheriff’s officers to whom functions are delegated shall exercise their functions under this Act in accordance with any orders and directions given by a Judge.

s 25: Subst 1988 No 20, Sch 4 (1).

26–30

(Repealed)

s 26: Am 1984 No 170, Sch 3 (3). Subst 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

s 27: Subst 1984 No 170, Sch 3 (4); 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

s 28: Subst 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

s 29: Rep 1984 No 170, Sch 3 (5). Ins 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

s 30: Am 1975 No 1, sec 3 (a); 1984 No 170, Sch 3 (6). Subst 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

Subdivision 3Sittings of the Court31

(Repealed)

s 31: Rep 1986 No 210, Sch 1 (4).

32Directions as to sittings of Court in its civil jurisdiction(1)

The Chief Judge may, by order in writing, direct that the Court is, during a specified calendar year, to sit in its civil jurisdiction at such proclaimed places or other places within the State and at such times as may be specified in the order.

(1A)

The Chief Judge is to consult with the Attorney General before making a direction under subsection (1) that substantially alters the frequency of sittings at a particular place compared with the previous calendar year.

(2)

If a place specified in a direction under subsection (1) is not a proclaimed place, the specified place is, for the purposes of this Act or any other law and while the direction remains in force, taken to form part of the nearest proclaimed place to the specified place.

(3)

Subsection (2) ceases to have effect if and when the specified place becomes a proclaimed place.

(4)

If the Chief Judge considers that it is not expedient or practicable for the Court to sit at a particular place—

  • (a)

    the Chief Judge may, by order in writing, direct that all civil proceedings (other than proceedings before a registrar or some other officer of the Court) for which the proper place is that place are to be continued by the Court sitting at some other place specified in the order, and

  • (b)

    while a direction under this subsection remains in force, the proceedings to which it relates are, if continued, to be dealt with accordingly.

(5)

A direction under this section may be given in respect of a particular calendar year before the commencement of that year or, in respect of the remaining portion of that year, after the commencement of that year.

(6)

If a direction having effect during a particular calendar year is given under subsection (1) in relation to a particular place, a previous direction under subsection (4) having effect, during that year, in respect of proceedings the proper place in relation to which is that place, ceases to have effect.

s 32: Am 1975 No 1, sec 3 (b); 1984 No 170, Sch 3 (7); 1994 No 32, Sch 3. Subst 2003 No 71, Sch 3 [2]. Am 2005 No 28, Sch 5.12 [8] [9]; 2006 No 107, Sch 1.13 [1].

33General provisions as to sittings(1)

Subject to this Part and the rules, sittings of the Court shall be arranged by the Chief Judge.

(2)

Subject to this Part and the rules—

  • (a)

    the Court may sit simultaneously at different sitting places,

  • (b)

    a Judge shall preside at such sittings of the Court at such sitting places as the Chief Judge may from time to time direct, and

  • (c)

    two or more Judges may preside simultaneously at separate sittings of the Court at the one sitting place.

(3)

(Repealed)

s 33: Am 1984 No 170, Sch 3 (8); 2003 No 71, Sch 3 [3].

34Permanent substitution of proclaimed place(1)

Where a place ceases to be a proclaimed place by reason of the revocation or amendment of a proclamation made under section 18F, the Governor may, by proclamation, direct that—

  • (a)

    all proceedings (including proceedings before a registrar or any other officer of the Court) pending before the Court at that place, and

  • (b)

    any unsatisfied judgment or order of the Court in proceedings the proper place in relation to which was that place,

may be continued or enforced by the Court sitting at such other place as may be specified in the proclamation, and the proceedings shall, if continued, be continued accordingly or the judgment or order enforced accordingly, as the case may require.

(2)

The Governor may, in any such proclamation, direct that the records of the Court at the place that has so ceased to be a proclaimed place shall be removed at or within a time stated in the proclamation to the registry for the other place specified therein.

(3)

A direction under subsection (1) shall, for the purposes of the definition of proper place in section 4 (1), have effect as if it were an order for a change of venue under rules of Court in respect of the proceedings to which it relates to the other place specified in the proclamation.

s 34: Am 1986 No 210, Sch 1 (5); 2005 No 28, Sch 5.12 [10].

35–38

(Repealed)

s 35: Rep 1984 No 170, Sch 3 (9).

s 36: Rep 1984 No 170, Sch 3 (9).

s 37: Subst 1975 No 1, sec 3 (c). Am 1979 No 66, sec 3. Rep 1984 No 170, Sch 3 (9).

s 38: Am 1975 No 1, sec 3 (d). Rep 1984 No 170, Sch 3 (9).

39Proper place not affected

Nothing contained in or done under section 32 or under the rules has, for the purposes of the definition of proper place in section 4 (1), effect as a change of venue, unless the Court orders a change of venue under rules of court.

s 39: Am 1984 No 170, Sch 3 (10); 2005 No 28, Sch 5.12 [11].

Subdivisions 4–640–43

(Repealed)

pt 3, div 1, sdiv 4: Rep 2005 No 28, Sch 5.12 [12].

s 40: Subst 1984 No 170, Sch 3 (11). Rep 2005 No 28, Sch 5.12 [12].

pt 3, div 1, sdiv 5: Rep 2005 No 28, Sch 5.12 [12].

s 41: Rep 2005 No 28, Sch 5.12 [12].

s 42: Rep 1984 No 170, Sch 3 (12).

pt 3, div 1, sdiv 6: Rep 2005 No 28, Sch 5.12 [12].

s 43: Am 1984 No 170, Sch 3 (13); 1993 No 87, Sch 6; 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [12].

Division 2Actions: jurisdictionSubdivision 1General jurisdiction in relation to actions44Actions(1)

Subject to this Act, the Court has jurisdiction to hear and dispose of the following actions—

  • (a)

    any action of a kind—

    • (i)

      which, if brought in the Supreme Court, would be assigned to the Common Law Division of that Court, and

    • (ii)

      in which the amount (if any) claimed does not exceed the Court’s jurisdictional limit, whether on a balance of account or after an admitted set-off or otherwise,

    other than an action referred to in paragraph (d) or (e),

  • (b)

    (Repealed)

  • (c)

    any action brought to recover an amount not exceeding $20,000, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will,

  • (c1)

    subject to paragraph (c), any action arising out of a commercial transaction in which the amount (if any) claimed does not exceed the Court’s jurisdictional limit, whether on a balance of account or after an admitted set-off or otherwise,

  • (d)

    any motor accident claim, irrespective of the amount claimed,

  • (d1)

    any work injury damages claim, irrespective of the amount claimed,

  • (d2)

    any substituted proceedings within the meaning of Part 3A of the Civil and Administrative Tribunal Act 2013, so long as the amount (if any) claimed does not exceed the Court’s jurisdictional limit,

  • (d3)

    without limiting paragraphs (d) and (d1), any substituted proceedings within the meaning of Division 3.2 of the Personal Injury Commission Act 2020 irrespective of the amount claimed,

  • (e)

    any proceedings transferred to the Court under section 146 (1) of the Civil Procedure Act 2005, irrespective of the amount (if any) claimed in those proceedings.

(2)

Where the amount claimed in an action includes interest (being interest which the Court could, under section 100 (1) of the Civil Procedure Act 2005, order to be included in the amount for which it could give judgment), that interest shall be disregarded for the purposes of—

  • (a)

    determining whether the maximum amount for which the action is authorised by this Act to be brought has been exceeded or not, and

  • (b)

    determining whether or not the Court has jurisdiction to hear and dispose of the action.

(3)

Where—

  • (a)

    an amendment to subsection (1) which is enacted after, or was enacted before the commencement of Schedule 3 to the District Court (Procedure) Amendment Act 1984 has or had the effect of increasing the amount specified in paragraph (a) or (b) of that subsection, and

  • (b)

    an action in which an amount of money is claimed is pending at the time when the amendment has effect or, as the case may be, an action in which an amount of money is claimed was pending at the time when the amendment had effect and has not been finally determined,

the Court may, on the application of the claimant, make an order altering the amount specified in the claim to an amount not exceeding that specified in paragraph (a) or (b) of that subsection, as in force immediately after the amendment has or had effect.

s 44: Am 1975 No 1, sec 3 (e); 1982 No 41, Sch 1 (1); 1984 No 170, Sch 3 (14); 1991 No 12, Sch 2 (1); 1997 No 58, Sch 1 [2]–[4]; 1997 No 141, Sch 1.5 [2] [3]; 2001 No 94, Sch 1.3 [2]; 2005 No 28, Sch 5.12 [13]–[15]; 2007 No 56, Sch 5 [4]; 2017 No 44, Sch 1.10; 2018 No 87, Sch 1.16 [1]; 2020 No 18, Sch 6.2.

45

(Repealed)

s 45: Rep 1984 No 170, Sch 3 (15).

46Ancillary equitable relief: injunctions(1)

Without affecting the generality of Division 8, the Court shall, in any action, have power to grant any injunction (whether interlocutory or otherwise) which the Supreme Court might have granted if the action were proceedings in the Supreme Court.

(2)

In relation to the power of the Court to grant an injunction under this section—

  • (a)

    the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances,

  • (b)

    the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge—

    • (i)

      any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and

    • (ii)

      any duty imposed on the officer by the rules or by any order of the Court,

  • (c)

    the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and

  • (d)

    without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure of the Court referred to in paragraph (c) shall, subject to the rules, extend to the enforcement of any order of the Court made in connection with proceedings for the grant of the injunction.

(3)

Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to—

  • (a)

    the procedure to be followed with respect to the granting and enforcing of an injunction under this section, and

  • (b)

    any other matter necessary or convenient for giving effect to this section.

s 46: Am 1994 No 32, Sch 3.

47Cause of action or defendant outside the State(1)

If a defendant has been duly served with the document commencing an action—

  • (a)

    the Court has jurisdiction in accordance with this Act to hear and dispose of the action, and

  • (b)

    a registrar has and may exercise—

    • (i)

      if the action involves proceedings to which the Civil Procedure Act 2005 applies, the functions conferred on the registrar pursuant to section 12 or 13 of that Act, or

    • (ii)

      in any other case, the functions prescribed by the civil procedure rules,

regardless of whether the cause of action to which the action relates arose wholly or partly outside New South Wales.

(2)

For the purposes of subsection (1), it is immaterial whether the defendant was within or outside New South Wales—

  • (a)

    at the time the cause of action arose, or

  • (b)

    at the time of service of the document commencing the action.

(3)

For the purposes of this section, a defendant is duly served with a document commencing an action if the defendant is served with the document by or under this Act or in accordance with the Service and Execution of Process Act 1992 of the Commonwealth.

(4)

In this section, defendant includes, if there are two or more defendants, any one of those defendants.

s 47: Am 1975 No 77, sec 4; 1984 No 170, Schs 3 (16), 8 (6); 1994 No 32, Sch 3. Subst 1998 No 172, Sch 1 [1]. Am 2005 No 28, Sch 5.12 [16].

48Miscellaneous limitations on jurisdiction(1)

An action in which the amount claimed does not exceed $4,000 and which could have been commenced in the Local Court shall not be commenced in the District Court except with the leave of the District Court, which leave may be given on terms.

(2)

Subject to subsection (3), the Court shall not have jurisdiction in an action in which title to land the value of which is more than the Court’s jurisdictional limit is in question.

(3)

If the title to land the value of which is more than the Court’s jurisdictional limit incidentally comes in question in an action, the Court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the Court shall not be evidence of title between the parties or their privies in other proceedings in the Court or in any proceedings in any other court.

(4)

Without affecting Division 8, the Court shall not have jurisdiction in actions for possession of land by virtue of this Part.

s 48: Am 1975 No 1, sec 3 (f); 1982 No 41, Sch 1 (1); 1984 No 170, Schs 3 (17), 7 (2); 1987 No 282, Sch 1 (1); 1991 No 12, Sch 2 (2); 1997 No 58, Sch 1 [3]; 2005 No 28, Sch 5.12 [13]; 2007 No 94, Sch 2.

Subdivision 249, 50

(Repealed)

pt 3, div 2, sdiv 2: Rep 2005 No 28, Sch 5.12 [17].

s 49: Am 1975 No 1, sec 3 (g); 1982 No 41, Sch 1 (1); 1991 No 12, Sch 2 (2); 1997 No 58, Sch 1 [3]. Rep 2005 No 28, Sch 5.12 [17].

s 50: Am 1975 No 1, sec 3 (h); 1984 No 170, Sch 3 (18); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [17].

Subdivision 3Jurisdiction by consent51Consent jurisdiction(1)

This section applies to an action or cross-claim that, but for this section, the Court would not have jurisdiction to hear and dispose of by reason only of the fact that the amount claimed exceeds the jurisdictional limit of the Court as at the time the action was commenced.

(2)

The Court has, and may exercise, jurisdiction to hear and dispose of an action or cross-claim to which this section applies—

  • (a)

    if a party to the action or cross-claim files a memorandum of consent in respect of the action or cross-claim, or

  • (b)

    if no objection to the Court’s jurisdiction has been raised by any of the parties prior to 3 months before the trial of the action commences.

(3)

For the purposes of subsection (1)—

  • (a)

    the jurisdictional limit of the Court in relation to an action commenced before 1 July 1993 is taken to be $100,000, and

  • (b)

    the jurisdictional limit of the Court in relation to an action commenced on or after 1 July 1993 but before 18 July 1997 is taken to be $250,000, and

  • (c)

    the jurisdictional limit of the Court in relation to an action commenced on or after 18 July 1997 but before 16 December 2022 is taken to be $750,000.

(4)

The maximum amount for which judgment may be given in relation to an action or cross-claim that is dealt with pursuant to subsection (2) (b) is an amount equivalent to 50 per cent above the jurisdictional limit of the Court as at the time the action was commenced.

(5)

This section does not apply in relation to an action referred to in section 44 (1) (c).

(6)

Nothing in this section limits the operation of section 140 of the Civil Procedure Act 2005.

(7)

In this section, memorandum of consent in relation to an action or cross-claim means a document signed by each party to the action or cross-claim, or the party’s Australian legal practitioner, in which it is stated that each of those parties consents to the action or cross-claim being tried in the Court and is aware that, unless the document is filed, the Court will not have jurisdiction to dispose of the action or cross-claim.

s 51: Am 1975 No 1, sec 3 (i); 1978 No 8, Sch 1 (2); 1982 No 41, Sch 1 (1); 1991 No 12, Sch 2 (2); 1992 No 57, Sch 1; 1994 No 32, Sch 3; 1997 No 58, Sch 1 [3]; 1997 No 141, Sch 1.5 [4] [5]. Subst 2005 No 28, Sch 5.12 [18]. Am 2006 No 58, Sch 3.4 [1]; 2023 No 7, Sch 1.6[2].

Division 3Actions: procedureSubdivisions 1–752–70

(Repealed)

pt 3, div 3, sdiv 1: Rep 1984 No 170, Sch 3 (19).

s 52: Am 1983 No 44, Sch 6. Rep 1984 No 170, Sch 3 (19).

pt 3, div 3, sdiv 2: Rep 2005 No 28, Sch 5.12 [19].

s 53: Am 1983 No 44, Sch 3. Subst 1984 No 170, Sch 3 (20). Rep 2005 No 28, Sch 5.12 [19].

s 54: Rep 1984 No 170, Sch 3 (21).

s 55: Am 1975 No 1, sec 3 (j); 1979 No 196, Sch 1 (2). Rep 1984 No 170, Sch 3 (21).

pt 3, div 3, sdiv 3: Rep 2005 No 28, Sch 5.12 [19].

s 56: Subst 1984 No 170, Sch 3 (22). Rep 2005 No 28, Sch 5.12 [19].

pt 3, div 3, sdiv 4: Rep 1984 No 170, Sch 3 (23). Ins 1991 No 12, Sch 2 (3). Rep 2005 No 28, Sch 5.12 [19].

ss 57–60: Rep 1984 No 170, Sch 3 (23). Ins 1991 No 12, Sch 2 (3). Rep 2005 No 28, Sch 5.12 [19].

s 61: Rep 1984 No 170, Sch 3 (23). Ins 1991 No 12, Sch 2 (3). Am 1991 No 94, Sch 1; 1999 No 41, Sch 4.3. Rep 2005 No 28, Sch 5.12 [19].

pt 3, div 3, sdiv 5: Rep 1984 No 170, Sch 3 (23).

s 62: Rep 1984 No 170, Sch 3 (23).

pt 3, div 3, sdiv 6: Rep 2005 No 28, Sch 5.12 [19].

s 63: Am 1983 No 44, Sch 1 (3). Subst 1984 No 162, Sch 1 (1). Am 1986 No 218, Sch 47. Rep 2005 No 28, Sch 5.12 [19].

s 63A: Ins 1983 No 44, Sch 1 (4). Am 1989 No 169, Sch 3 (2); 1994 No 32, Sch 3; 2001 No 108, Sch 1 [1]. Rep 2005 No 28, Sch 5.12 [19].

pt 3, div 3, sdiv 7: Rep 2005 No 28, Sch 5.12 [19].

s 64: Am 1979 No 196, Sch 1 (3); 1994 No 32, Sch 3; 1995 No 88, Sch 1.3 [6]–[8]. Rep 2005 No 28, Sch 5.12 [19].

s 65: Subst 1979 No 196, Sch 1 (4). Am 1984 No 170, Sch 3 (24); 1988 No 20, Sch 4 (2); 1994 No 32, Sch 3; 1995 No 27, Sch 1.8. Rep 2005 No 28, Sch 5.12 [19].

s 66: Subst 1979 No 196, Sch 1 (5). Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [19].

s 67: Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [19].

s 68: Am 1978 No 8, Sch 1 (3); 1984 No 170, Sch 3 (25); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [19].

s 68A: Ins 1989 No 169, Sch 3 (3). Rep 2005 No 28, Sch 5.12 [19].

s 69: Rep 1984 No 170, Sch 3 (26).

s 69A: Ins 1984 No 170, Sch 3 (27). Rep 1990 No 46, Sch 1.

s 70: Rep 2005 No 28, Sch 5.12 [19].

Subdivision 8Trial and jury71–75

(Repealed)

s 71: Rep 1984 No 170, Sch 3 (28).

s 72: Am 1979 No 196, Sch 1 (6). Rep 1984 No 170, Sch 3 (28).

ss 73–75: Rep 1984 No 170, Sch 3 (28).

76Amount recoverable(1)

Where in an action commenced before the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at—

  • (a)

    an amount in excess of $10,000 but not in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover—

    • (i)

      the full amount of the verdict, or

    • (ii)

      the total amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965,

    as the case may be, or

  • (b)

    an amount in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover—

    • (i)

      the amount of $15,000, or

    • (ii)

      the amount of $15,000 reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965,

    as the case may be.

(2)

Where in an action commenced after the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at, an amount in excess of the amount for which the action was authorised by this Act to be brought, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover—

  • (a)

    the maximum amount for which the action was authorised by this Act to be brought, or

  • (b)

    that amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965,

as the case may be.

s 76: Am 1975 No 1, sec 3 (k); 2000 No 111, Sch 2.2 [1] [2].

76AAction to be tried without jury unless jury required in interests of justice(1)

An action is to be tried without a jury, unless the Court orders otherwise.

(2)

The Court may make an order under subsection (1) that an action is to be tried with a jury if—

  • (a)

    any party to the action—

    • (i)

      files, within the prescribed time, a requisition for trial with a jury, and

    • (ii)

      pays the fee prescribed by the regulations made under section 18 of the Civil Procedure Act 2005, and

  • (b)

    the Court is satisfied that the interests of justice require that the action be tried by a jury.

(3)

A fee paid under this section is to be treated as costs in the action, unless the Court orders otherwise.

(4)

This section does not apply to any action for defamation.

Note.

Section 21 of the Defamation Act 2005 makes provision for jury trials in defamation actions.

s 76A: Ins 2001 No 124, Sch 1 [1]. Am 2002 No 136, Sch 2.1 [1]; 2005 No 28, Sch 5.12 [20]; 2005 No 77, Sch 6.4 [2].

s 76A, note: Ins 2005 No 77, Sch 6.4 [2].

76B

(Repealed)

s 76B: Ins 2002 No 136, Sch 2.1 [2]. Rep 2005 No 77, Sch 6.4 [3].

77Questions of fact and law(1)

In an action the Judge shall determine all questions of law.

(2)

In an action the Judge shall, subject to subsection (5), determine all questions of fact unless a jury has been summoned.

(3), (4)

(Repealed)

(5)

In any proceedings in which the Court has ordered a jury be summoned, the following questions of fact must be tried without the jury—

  • (a)

    questions of fact on a defence arising under section 63 (5) or 64 (1) (c) of the Workers’ Compensation Act 1926 or section 151Z (1) (e) of the Workers Compensation Act 1987,

  • (b)

    any other question of fact ordered by the Court.

s 77: Am 1987 No 79, Sch 1; 1987 No 164, Sch 1 (1); 1997 No 55, Sch 2.4; 2001 No 124, Sch 1 [2] [3]; 2005 No 28, Sch 5.12 [21].

78–79A

(Repealed)

s 78: Am 1984 No 170, Sch 3 (29). Rep 2001 No 124, Sch 1 [4].

s 79: Am 1994 No 32, Sch 3; 1997 No 58, Sch 1 [5] [6]; 2001 No 94, Sch 1.3 [3]–[5]. Rep 2001 No 124, Sch 1 [4].

s 79A: Ins 1987 No 164, Sch 1 (2). Rep 2001 No 124, Sch 1 [4].

80Special verdict

It shall be the duty of a jury to answer any question of fact that may be left to the jury by the presiding Judge at the trial of an action.

Subdivision 9Judgments and orders80A

(Repealed)

s 80A: Ins 1979 No 196, Sch 1 (7). Rep 1984 No 170, Sch 3 (30).

81Judgment final

Subject to this or any other Act, a judgment in an action shall, unless set aside in accordance with this Act, be final and conclusive between the parties to the action.

82–83AA

(Repealed)

s 82: Rep 1984 No 170, Sch 3 (31).

s 83: Subst 1984 No 170, Sch 3 (32). Rep 2005 No 28, Sch 5.12 [22].

s 83A: Ins 1978 No 8, Sch 1 (4). Am 1983 No 202, Sch 1 (2); 1991 No 12, Sch 2 (6); 1995 No 21, Sch 1.1. Rep 2005 No 28, Sch 5.12 [22].

s 83AA: Ins 1983 No 202, Sch 1 (3). Rep 1984 No 170, Sch 3 (30).

Subdivision 1083B–83D

(Repealed)

pt 3, div 3, sdiv 10 (ss 83B–83D): Ins 1979 No 196, Sch 1 (8). Rep 1984 No 170, Sch 3 (34).

Divisions 4–684–124

(Repealed)

pt 3, div 4: Rep 2005 No 28, Sch 5.12 [23].

pt 3, div 4, sdiv 1: Rep 2005 No 28, Sch 5.12 [23].

s 84: Am 1984 No 170, Sch 3 (35). Rep 2005 No 28, Sch 5.12 [23].

s 84A: Ins 1983 No 44, Sch 4 (1). Am 1984 No 170, Sch 3 (36). Rep 2005 No 28, Sch 5.12 [23].

s 85: Am 1993 No 87, Sch 6; 1995 No 88, Sch 1.3 [9]; 1996 No 30, Sch 1.15 [3]. Rep 2005 No 28, Sch 5.12 [23].

s 86: Rep 1984 No 170, Sch 3 (37).

pt 3, div 4, sdiv 2: Rep 1984 No 170, Sch 3 (38).

s 87: Am 1983 No 44, Sch 5. Rep 1984 No 170, Sch 3 (38).

s 88: Am 1978 No 8, Sch 1 (5). Rep 1984 No 170, Sch 3 (38).

s 89: Rep 1984 No 170, Sch 3 (38).

pt 3, div 4, sdiv 3: Rep 2005 No 28, Sch 5.12 [23].

s 90: Am 1984 No 170, Sch 3 (39). Rep 2005 No 28, Sch 5.12 [23].

s 90A: Ins 1984 No 170, Sch 3 (40). Rep 2005 No 28, Sch 5.12 [23].

s 91: Am 1975 No 1, sec 3 (l); 1984 No 170, Sch 3 (41); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 92: Am 1975 No 1, sec 3 (m); 1984 No 170, Sch 3 (42); 1987 No 282, Sch 1 (2); 1988 No 20, Sch 4 (3); 1993 No 80, Sch 2 (1); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 93: Rep 1984 No 170, Sch 3 (43).

s 94: Am 1984 No 170, Sch 3 (44); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 94A: Ins 1975 No 1, sec 3 (n). Rep 1984 No 170, Sch 3 (45).

s 95: Rep 1984 No 170, Sch 3 (45).

s 96: Am 1975 No 1, sec 3 (o). Rep 1984 No 170, Sch 3 (45).

pt 3, div 4, sdiv 4: Rep 2005 No 28, Sch 5.12 [23].

s 97: Am 1987 No 20, Sch 1 (1); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 97A: Ins 1987 No 20, Sch 1 (2). Rep 2005 No 28, Sch 5.12 [23].

s 97B: Ins 1987 No 20, Sch 1 (2). Rep 2005 No 28, Sch 5.12 [23].

s 97C: Ins 1987 No 20, Sch 1 (2). Am 1992 No 112, Sch 1. Rep 2005 No 28, Sch 5.12 [23].

s 97D: Ins 1987 No 20, Sch 1 (2). Rep 2005 No 28, Sch 5.12 [23].

s 97E: Ins 1987 No 20, Sch 1 (2). Rep 2005 No 28, Sch 5.12 [23].

s 98: Am 1984 No 170, Sch 3 (46); 1987 No 20, Sch 1 (3). Rep 2005 No 28, Sch 5.12 [23].

s 99: Am 1992 No 57, Sch 1. Rep 2005 No 28, Sch 5.12 [23].

s 100: Am 1987 No 20, Sch 1 (4); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 101: Rep 2005 No 28, Sch 5.12 [23].

s 102: Am 1987 No 20, Sch 1 (5); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 103: Am 1975 No 1, sec 3 (p); 1984 No 170, Sch 8 (7). Subst 1987 No 20, Sch 1 (6). Am 1998 No 11, Sch 6.7. Rep 2005 No 28, Sch 5.12 [23].

s 104: Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 105: Am 1975 No 1, sec 3 (q); 1987 No 20, Sch 1 (7); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 106: Am 1992 No 112, Sch 1; 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

pt 3, div 4, sdiv 5: Rep 2005 No 28, Sch 5.12 [23].

s 107: Am 1983 No 44, Sch 4 (2); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 108: Am 1984 No 170, Sch 3 (47); 1988 No 20, Sch 4 (4); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 109: Am 1984 No 170, Sch 3 (48); 1987 No 164, Sch 1 (3); 1988 No 20, Sch 4 (5); 1992 No 57, Sch 1; 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

s 110: Am 1976 No 96, Sch 14; 1984 No 170, Sch 3 (49); 1988 No 20, Sch 4 (6). Rep 2005 No 28, Sch 5.12 [23].

s 111: Am 1987 No 164, Sch 1 (4); 1988 No 20, Sch 4 (7). Rep 2005 No 28, Sch 5.12 [23].

s 112: Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

pt 3, div 4, sdiv 6: Rep 2005 No 28, Sch 5.12 [23].

s 113: Am 1984 No 170, Schs 3 (50), 8 (8); 1988 No 20, Sch 4 (8). Rep 2005 No 28, Sch 5.12 [23].

s 114: Am 1984 No 170, Sch 3 (51); 1988 No 20, Sch 4 (9); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

pt 3, div 5: Rep 2005 No 28, Sch 5.12 [23].

s 115: Am 1978 No 8, Sch 1 (6); 1984 No 170, Sch 3 (52); 1988 No 20, Sch 4 (10). Rep 2005 No 28, Sch 5.12 [23].

s 116: Am 1988 No 20, Sch 4 (11). Rep 2005 No 28, Sch 5.12 [23].

s 117: Subst 1978 No 8, Sch 1 (7). Rep 1984 No 170, Sch 3 (53).

s 117A: Ins 1978 No 8, Sch 1 (7). Rep 1984 No 170, Sch 3 (53).

s 118: Rep 2005 No 28, Sch 5.12 [23].

pt 3, div 6: Rep 1984 No 170, Sch 3 (54).

ss 119–121: Rep 1984 No 170, Sch 3 (54).

s 122: Am 1975 No 1, sec 3 (r); 1984 No 55, Sch 1 (1). Rep 1984 No 170, Sch 3 (54).

s 123: Rep 1984 No 170, Sch 3 (54).

s 124: Am 1975 No 1, sec 3 (s) (am 1975 No 77, sec 3); 1982 No 41, Sch 1 (2). Rep 1984 No 170, Sch 3 (54).

Division 7Actions: new trial and appeal125Definition

In this Division, action includes interpleader action.

126Order of the Court for new trial(1)

The Court in its discretion may, after judgment in an action, order that a new trial of the action be had if—

  • (a)

    the parties to the action consent, or

  • (b)

    the action is tried with a jury and on the day on which the jury gives its verdict in the action a party to the action—

    • (i)

      in the presence of the other party, or

    • (ii)

      in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party,

    makes application for the order, or

  • (c)

    the action is tried without a jury and a party to the action—

    • (i)

      in the presence of the other party and on the day on which judgment in the action is given, or

    • (ii)

      in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party and, in any case, within 21 days after judgment in the action is given,

    makes application for the order.

(2)

The Court may, before judgment in an action and if no verdict in the action has been entered, order, on sufficient cause being shown, that the hearing of the action be discontinued and that a new trial be had.

(3)

This section does not limit the operation of section 127A.

s 126: Am 1997 No 47, Sch 3 [1]; 2008 No 53, Sch 12 [1].

127Right of appeal to Supreme Court(1)

A party who is dissatisfied with a Judge’s or a Judicial Registrar’s judgment or order in an action may appeal to the Supreme Court.

(2)

The following appeals lie only by leave of the Supreme Court—

  • (a)

    an appeal from an interlocutory judgment or order,

  • (b)

    an appeal from a judgment or order as to costs only,

  • (c)

    an appeal from a final judgment or order, other than an appeal—

    • (i)

      that involves a matter at issue amounting to or of the value of $100,000 or more, or

    • (ii)

      that involves (directly or indirectly) any claim, demand or question to or respecting any property or civil right amounting to or of the value of $100,000 or more,

  • (d)

    an appeal from a judgment or order on an application for summary judgment under the rules,

  • (e)

    an appeal from an order made with the consent of the parties.

(3)

In any other case, an appeal lies as of right.

s 127: Am 1975 No 1, sec 3 (t). Subst 1995 No 88, Sch 1.3 [10]. Am 1996 No 111, Sch 1.3 [3]; 1997 No 47, Sch 3 [2]; 1997 No 141, Sch 1.5 [6]; 1998 No 49, Sch 10 [1]; 2002 No 99, Sch 3.3; 2006 No 23, Sch 4 [3].

127AAppeal after jury trial(1)

Where, in any proceedings in the Court, there is a trial of the proceedings or of any issue in the proceedings with a jury, an application for—

  • (a)

    the setting aside of a verdict or judgment, or

  • (b)

    a new trial, or

  • (c)

    the alteration of a verdict by increasing or reducing any amount of debt, damages or other money,

shall be by appeal to the Supreme Court.

(2)

An appeal under this section lies as of right.

s 127A: Ins 2008 No 53, Sch 12 [2].

128Stay of proceedings on appeal to Supreme Court(1)

This section applies if, after judgment in an action, the Court orders that proceedings be stayed during the period within which an appeal may be brought.

(2)

If during that period—

  • (a)

    an appeal is brought in respect of proceedings that have been stayed, and

  • (b)

    security is given to the satisfaction of the registrar for the amount of the judgment debt (if any) payable by the appellant, including an amount assessed by the registrar in respect of any costs forming part of the judgment debt,

the stay of proceedings is to continue until the appeal is disposed of or until the Court or the Supreme Court otherwise orders.

(3)

An appeal does not operate to stay proceedings in any other way.

(4)

This section does not affect the operation of section 156 (1).

s 128: Am 1975 No 1, sec 3 (u); 1990 No 103, Sch 1 (1). Subst 1995 No 88, Sch 1.3 [10].

129Agreement not to appeal

An appeal shall not lie to the Supreme Court from any ruling, order, direction or decision if before the ruling, order, direction or decision is pronounced the parties agree in writing, signed by themselves or their Australian legal practitioner, that the ruling, order, direction or decision shall be final.

s 129: Am 1975 No 1, sec 3 (v); 1990 No 103, Sch 1 (2); 1995 No 88, Sch 1.3 [11]; 2006 No 58, Sch 3.4 [2].

130, 131

(Repealed)

s 130: Am 1975 No 1, sec 3 (w); 1982 No 41, Sch 1 (3); 1984 No 162, Sch 1 (2); 1990 No 103, Sch 1 (3). Rep 1995 No 88, Sch 1.3 [12].

s 131: Am 1984 No 170, Sch 3 (55). Rep 1995 No 88, Sch 1.3 [12].

Division 8Miscellaneous jurisdictionSubdivision 1General132Non-application of Divs 2–7

Subject to this Act and the rules, nothing in Divisions 2 to 7 (inclusive) applies to or in respect of any proceedings under this Division.

Subdivision 2Possession of land, equity and other proceedings

pt 3, div 8, sdiv 2, hdg: Am 1978 No 107, sec 3 (b).

133Jurisdiction in proceedings for possession of land(1)

The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for possession of land the value of which does not exceed $20,000, as determined by the Court.

(2)

Nothing in subsection (1) applies in respect of proceedings under the Landlord and Tenant Act 1899.

s 133: Am 1989 No 169, Sch 3 (4).

134Jurisdiction in equity proceedings(1)

The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for—

  • (a)

    the foreclosure or redemption of a mortgage or the enforcing of any charge or lien where the amount owing in respect of the mortgage, charge or lien does not exceed $100,000, as determined by the Court,

  • (b)

    the specific performance, rectification, delivery up or cancellation of any agreement for—

    • (i)

      the sale or purchase of any property at a price not exceeding $100,000, or

    • (ii)

      the lease of any property the value of which does not exceed $100,000, as determined by the Court,

  • (c)

    an order under section 3 of the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or a family provision order under Chapter 3 of the Succession Act 2006,

  • (d)

    relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed $100,000 in amount or value, as determined by the Court,

  • (e)

    the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed $100,000 in amount or value, as determined by the Court, or

  • (f)

    the administration of the estate of a deceased person, where the estate does not exceed $100,000 in amount or value, as determined by the Court, or

  • (g)

    any application under the Property (Relationships) Act 1984, or

  • (h)

    any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which any other paragraph of this subsection applies), in an amount not exceeding the Court’s jurisdictional limit.

(2)

In any proceedings pursuant to subsection (1) (c), the Court shall not have power to make an order for provision under the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or Chapter 3 of the Succession Act 2006 that will or may result in the amount of provision so made exceeding $250,000.

(3)

In any proceedings pursuant to subsection (1) (g), the Court has no power to make an order for financial adjustment under Part 3 of the Property (Relationships) Act 1984 that will or may result in the amount of the adjustment so made exceeding $250,000.

s 134: Am 1984 No 170, Sch 8 (9); 1989 No 169, Sch 3 (5); 1997 No 58, Sch 1 [7]–[9]; 1999 No 4, Sch 2.8 [1] [2]; 2005 No 28, Sch 5.12 [24]; 2008 No 75, Sch 2.2 [1] [2]; 2009 No 29, Sch 2.3; 2022 No 72, Sch 1[2].

134AFrustrated contracts

The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings under Division 4 of Part 3 of the Frustrated Contracts Act 1978 where the claim does not exceed the Court’s jurisdictional limit in amount or value, as determined by the Court.

s 134A: Ins 1978 No 107, sec 3 (c). Am 1982 No 41, Sch 1 (1); 1991 No 12, Sch 2 (2); 1997 No 58, Sch 1 [3]; 2005 No 28, Sch 5.12 [24].

134BJurisdiction in proceedings for review of contracts(1)

The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings in which relief under the Contracts Review Act 1980 is sought, where the amount or value of the consideration that has passed or would, if the contract were fully executed, pass from one contracting party to another does not exceed the amount for the time being specified in section 44 (1) (a), as determined by the Court.

(2)

Subsection (1) does not authorise the Court to exercise the powers conferred by section 10 of the Contracts Review Act 1980.

s 134B: Ins 1980 No 17, sec 3.

135Jurisdiction in proceedings under the Fair Trading Act 1987

The Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in any proceedings in which relief is sought under the Fair Trading Act 1987 and where the amount of the claim concerned does not exceed the amount for the time being specified in section 44 (1) (a).

s 135: Am 1978 No 107, sec 3 (d). Rep 1984 No 170, Sch 3 (56). Ins 1992 No 34, Sch 1.

136

(Repealed)

s 136: Rep 1984 No 170, Sch 3 (56).

137Powers of the Court under this Subdivision

In relation to proceedings under this Subdivision—

  • (a)

    the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances,

  • (b)

    the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge—

    • (i)

      any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and

    • (ii)

      any duty imposed on the officer by the rules or by any order of the Court,

  • (c)

    the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and

  • (d)

    without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure referred to in paragraph (c), shall, subject to the rules, extend to the enforcement of any judgment or order of the Court in those proceedings.

s 137: Am 1994 No 32, Sch 3.

138Rules(1)

Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to—

  • (a)

    the procedure to be followed in respect of proceedings under this Subdivision, including the enforcement of any judgment or order of the Court in any such proceedings,

  • (b)

    the costs of any such proceedings, and

  • (c)

    any other matter necessary or convenient for giving effect to this Subdivision.

(2)

This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014).

s 138: Am 1993 No 87, Sch 6; 2006 No 58, Sch 3.4 [3]; 2015 No 7, Sch 2.13 [2].

139Appeal

Division 7 applies to and in respect of proceedings under this Subdivision in the same way as if they were an action.

Subdivision 3Temporary injunctions140Temporary injunctions(1)

The Court shall have jurisdiction to grant an injunction, to be called a temporary injunction, to restrain—

  • (a)

    a threatened or apprehended trespass or nuisance, or

  • (b)

    the breach of a negative stipulation in a contract the consideration for which does not exceed $100,000,

in like manner, subject to this Subdivision, as the Supreme Court might grant an interlocutory injunction in like circumstances.

(2)

Subject to this Subdivision, a temporary injunction shall continue in force for a specified period not exceeding fourteen days, but if the specified period is less than fourteen days, it may be renewed from time to time, but so that the total period for which the temporary injunction is in force does not exceed fourteen days.

(3)

A temporary injunction may be renewed so that the total period for which it is in force exceeds fourteen days if the Court is satisfied that the additional time is required to enable proceedings to be commenced or heard in the Supreme Court in relation to the matter.

Date of commencement of Sch 4, assent, sec 2 (1).

No 94

Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999.

Date of commencement of Sch 4.17, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487.

2000

No 111

Law Reform (Miscellaneous Provisions) Amendment Act 2000. Assented to 20.12.2000.

Date of commencement, 22.1.2001, sec 2 and GG No 20 of 19.1.2001, p 130.

2001

No 85

Courts Legislation Amendment Act 2001. Assented to 28.11.2001.

Date of commencement, 18.1.2002, sec 2 and GG No 25 of 18.1.2002, p 177.

No 94

Workers Compensation Legislation Further Amendment Act 2001. Assented to 6.12.2001.

Date of commencement of Sch 1.3, 1.1.2002, sec 2 (1) and GG No 195A of 21.12.2001, p 10175.

No 108

Courts Legislation Further Amendment Act 2001. Assented to 14.12.2001.

Date of commencement, 18.1.2002, sec 2 and GG No 25 of 18.1.2002, p 179.

No 121

Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.

Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

No 124

Courts Legislation Amendment (Civil Juries) Act 2001. Assented to 19.12.2001.

Date of commencement, 18.1.2002, sec 2 and GG No 25 of 18.1.2002, p 178.

2002

No 7

Courts Legislation Amendment Act 2002. Assented to 17.4.2002.

Date of commencement, assent, sec 2.

No 53

Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002.

Date of commencement of Sch 2.12, assent, sec 2 (2).

No 99

Courts Legislation Miscellaneous Amendments Act 2002. Assented to 29.11.2002.

Date of commencement of Sch 3, 20.12.2002, sec 2 (1) and GG No 263 of 20.12.2002, p 10739.

No 136

Defamation Amendment Act 2002. Assented to 18.12.2002.

Date of commencement of Sch 2, 17.2.2003, sec 2 and GG No 45 of 14.2.2003, p 1588.

2003

No 71

Courts Legislation Amendment Act 2003. Assented to 20.11.2003.

Date of commencement, 1.1.2004, sec 2 and GG No 196 of 12.12.2003, p 11172.

2004

No 68

Courts Legislation Amendment Act 2004. Assented to 6.7.2004.

Date of commencement of Sch 7, assent, sec 2 (1).

2005

No 28

Civil Procedure Act 2005. Assented to 1.6.2005.

Date of commencement of Sch 5.12, 15.8.2005, sec 2 and GG No 100 of 10.8.2005, p 4205.

No 64

Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005.

Date of commencement of Sch 1.8, assent, sec 2 (2).

No 77

Defamation Act 2005. Assented to 26.10.2005.

Date of commencement, 1.1.2006, sec 2.

2006

No 23

Courts Legislation Amendment Act 2006. Assented to 17.5.2006.

Date of commencement of Sch 4, assent, sec 2 (1).

No 58

Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006.

Date of commencement of Sch 3.4, assent, sec 2 (2).

No 107

Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006.

Date of commencement of Sch 1.13, assent, sec 2 (2).

No 120

Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006.

Date of commencement of Schs 2 and 3, assent, sec 2 (2).

2007

No 56

Courts Legislation Amendment Act 2007. Assented to 15.11.2007.

Date of commencement of Sch 5, 14.12.2007, sec 2 (3) and GG No 182 of 14.12.2007, p 9537.

No 94

Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.

Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2008

No 53

Courts and Crimes Legislation Amendment Act 2008. Assented to 1.7.2008.

Date of commencement of Sch 12, assent, sec 2 (1).

No 75

Succession Amendment (Family Provision) Act 2008. Assented to 28.10.2008.

Date of commencement of Sch 2.2, 1.3.2009, sec 2 (1) and GG No 38 of 20.2.2009, p 1036.

2009

No 29

Succession Amendment (Intestacy) Act 2009. Assented to 9.6.2009.

Date of commencement, 1.3.2010, sec 2 and 2010 (55) LW 26.2.2010.

No 56

Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.

Date of commencement of Sch 1.11, 17.7.2009, sec 2 (2); date of commencement of Sch 4, 17.7.2009, sec 2 (1).

No 106

Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009.

Date of commencement of Sch 4, 8.1.2010, sec 2 (2).

2010

No 63

Courts Legislation Amendment Act 2010. Assented to 28.6.2010.

Date of commencement of Sch 1.9, assent, sec 2 (2).

No 88

Courts and Crimes Legislation Amendment Act 2010. Assented to 1.11.2010.

Date of commencement, assent, sec 2.

No 119

Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010.

Date of commencement of Sch 2, 7.1.2011, sec 2 (2).

2012

No 60

Courts and Other Legislation Amendment Act 2012. Assented to 10.9.2012.

Date of commencement of Sch 6, assent, sec 2 (1).

2014

No 44

Courts Legislation Amendment (Broadcasting Judgments) Act 2014. Assented to 17.9.2014.

Date of commencement of Sch 1, 2.2.2015, sec 2 and 2015 (26) LW 30.1.2015.

2015

No 2

Courts and Crimes Legislation Amendment Act 2015. Assented to 15.5.2015.

Date of commencement, assent, sec 2.

No 7

Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015.

Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015.

No 19

State Insurance and Care Governance Act 2015. Assented to 21.8.2015.

Date of commencement of Sch 15.3, 1.9.2015, sec 2 and 2015 (524) LW 28.8.2015.

No 58

Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015.

Date of commencement of Sch 3, 15.1.2016, sec 2 (3).

2016

No 26

Courts Legislation Amendment (Disrespectful Behaviour) Act 2016. Assented to 7.6.2016.

Date of commencement, 1.9.2016, sec 2 and 2016 (535) LW 26.8.2016.

No 54

Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016.

Date of commencement, assent, sec 2.

No 60

Regulatory and Other Legislation (Amendments and Repeals) Act 2016. Assented to 14.11.2016.

Date of commencement of Sch 4, assent, sec 2 (1).

2017

No 44

Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017.

Date of commencement of Sch 1.10, 1.12.2017, sec 2 (2) and 2017 (667) LW 1.12.2017.

2018

No 70

Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018.

Date of commencement of Sch 4.26, 1.7.2019, sec 2 (1) and 2019 (254) LW 21.6.2019.

No 87

Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018.

Date of commencement of Schs 1.16 and 2.2, assent, sec 2 (1).

2020

No 18

Personal Injury Commission Act 2020. Assented to 11.8.2020.

Date of commencement of Sch 6.2, 1.3.2021, sec 2(3) and 2020 (729) LW 18.12.2020.

No 24

Stronger Communities Legislation Amendment (Courts and Civil) Act 2020. Assented to 28.9.2020.

Date of commencement of Sch 1.4, assent, sec 2(1).

2022

No 72

District Court Amendment Act 2022. Assented to 25.11.2022.

Date of commencement, 16.12.2022, sec 2 and 2022 (749) LW 9.12.2022.

2023

No 7

Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023.

Date of commencement, 14.7.2023, sec 2.

2025

No 53

District Court Legislation Amendment Act 2025. Assented to 17.9.2025.

Date of commencement, assent, sec 2.

Table of amendments

Sec 3

Am 1978 No 8, Sch 1 (1); 1978 No 107, sec 3 (a); 1979 No 106, Sch 1 (1); 1983 No 44, Sch 1 (1); 1983 No 202, Sch 1 (1). Rep 1984 No 170, Sch 8 (1).

Sec 4

Am 1982 No 41, Sch 2 (1); 1984 No 170, Schs 1 (1), 2 (1), 8 (2); 1986 No 210, Sch 1 (1); 1994 No 32, Sch 3; 1995 No 88, Sch 1.3 [1]; 1997 No 58, Sch 1 [1]; 1997 No 141, Sch 1.5 [1]; 2001 No 94, Sch 1.3 [1]; 2003 No 71, Sch 3 [1]; 2004 No 68, Sch 7 [1]; 2005 No 28, Sch 5.12 [1]–[3]; 2005 No 77, Sch 6.4 [1]; 2006 No 120, Sch 3.8 [1]; 2018 No 87, Sch 2.2 [1]; 2022 No 72, Sch 1[1].

Sec 5

Am 1984 No 170, Sch 2 (2); 1994 No 32, Sch 3.

Sec 6

Am 1984 No 170, Sch 2 (3).

Sec 7

Am 1984 No 170, Sch 2 (4).

Sec 9

Am 1984 No 170, Sch 2 (5).

Sec 11

Am 1984 No 170, Schs 2 (6), 8 (3).

Part 2, Div 2, Subdiv 1, heading

Ins 2025 No 53, Sch 1[1].

Sec 13

Am 1982 No 41, Sch 2 (2); 1993 No 87, Sch 5; 1994 No 32, Sch 3; 2001 No 85, Sch 2 [1]; 2002 No 7, Sch 3; 2005 No 64, Sch 1.8 [1]; 2006 No 120, Sch 3.8 [2]; 2010 No 63, Sch 1.9 [1] [2]; 2012 No 60, Sch 6; 2025 No 53, Sch 1[2]–[7].

Sec 14

Am 1986 No 100, Sch 4. Rep 1987 No 236, Sch 1 (1).

Sec 15

Subst 1976 No 4, Sch 5. Am 1994 No 32, Sch 3; 1995 No 21, Sch 2.2 [1]; 2009 No 56, Sch 1.11.

Part 2, Div 2, Subdiv 2

Ins 2025 No 53, Sch 1[8].

Sec 15AA

Ins 2025 No 53, Sch 1[8].

Sec 15A

Ins 1995 No 21, Sch 2.2 [2].

Sec 16

Am 1994 No 32, Sch 3.

Sec 17

Am 1976 No 4, Sch 5; 1994 No 32, Sch 3; 2015 No 2, Sch 3.2 [1] [2].

Part 2, Div 2, Subdiv 3

Ins 2025 No 53, Sch 1[9].

Sec 17A

Ins 2025 No 53, Sch 1[9].

Part 2, Div 2, Subdiv 4, heading

Ins 2025 No 53, Sch 1[9].

Sec 18

Am 1987 No 236, Sch 1 (2); 1988 No 10, Sch 4; 1989 No 169, Sch 3 (1); 1990 No 56, Sch 1, Part 2; 1990 No 108, Sch 1; 1991 No 94, Sch 1; 1994 No 32, Sch 3; 1996 No 30, Sch 1.15 [1] [2]; 1996 No 121, Sch 4.16; 2001 No 85, Sch 2 [2]; 2005 No 64, Sch 1.8 [2]; 2010 No 88, Sch 3; 2015 No 2, Sch 3.2 [3]–[5]; 2016 No 54, Sch 1.8 [1] [2]; 2018 No 87, Sch 2.2 [2]; 2023 No 7, Sch 1.6[1].

Part 2, Div 3

Ins 1984 No 170, Sch 1 (2).

Sec 18A

Ins 1984 No 170, Sch 1 (2).

Sec 18B

Ins 1984 No 170, Sch 1 (2). Am 1994 No 32, Sch 1; 2006 No 120, Sch 3.8 [3]; 2015 No 7, Sch 2.13 [1].

Sec 18BA

Ins 1994 No 32, Sch 1.

Sec 18C

Ins 1984 No 170, Sch 1 (2). Am 2002 No 53, Sch 2.12 [1] [2].

Sec 18D

Ins 1984 No 170, Sch 1 (2). Am 1990 No 108, Sch 1.

Sec 18E

Ins 1984 No 170, Sch 1 (2). Am 1996 No 111, Sch 1.3 [1]; 2015 No 58, Sch 3.28 [1].

Part 2, Div 4, heading

Ins 1986 No 210, Sch 1 (2). Subst 2025 No 53, Sch 1[10].

Part 2, Div 4

Ins 1986 No 210, Sch 1 (2).

Sec 18F

Ins 1986 No 210, Sch 1 (2).

Sec 18FAA

Ins 2025 No 53, Sch 1[11].

Part 2, Div 5

Ins 1986 No 210, Sch 1 (2).

Part 2, Div 5, Subdiv 1, heading

Ins 2004 No 68, Sch 7 [2]. Subst 2025 No 53, Sch 1[12].

Part 2, Div 5, Subdiv 1

Ins 2004 No 68, Sch 7 [2].

Sec 18FA

Ins 2004 No 68, Sch 7 [2]. Am 2006 No 120, Sch 3.8 [4]; 2015 No 58, Sch 3.28 [2]; 2025 No 53, Sch 1[13]–[16].

Sec 18FB

Ins 2004 No 68, Sch 7 [2]. Am 2006 No 23, Sch 4 [1] [2]; 2025 No 53, Sch 1[13] [15] [17].

Sec 18FC

Ins 2004 No 68, Sch 7 [2]. Am 2025 No 53, Sch 1[13] [14].

Part 2, Div 5, Subdiv 2, heading

Ins 2004 No 68, Sch 7 [2].

Sec 18G

Ins 1986 No 210, Sch 1 (2). Am 1995 No 88, Sch 1.3 [2]; 2001 No 121, Sch 2.85 [1]; 2004 No 68, Sch 7 [3] [4]; 2007 No 56, Sch 5 [1]; 2015 No 58, Sch 3.28 [3].

Sec 18H

Ins 1986 No 210, Sch 1 (2). Am 1995 No 88, Sch 1.3 [3]; 2004 No 68, Sch 7 [5]; 2005 No 28, Sch 5.12 [4].

Sec 18I

Ins 1986 No 210, Sch 1 (2). Am 2001 No 121, Sch 2.85 [2]; 2007 No 56, Sch 5 [2]; 2015 No 58, Sch 3.28 [4].

Sec 18J

Ins 1986 No 210, Sch 1 (2). Am 1995 No 88, Sch 1.3 [4] [5]; 2004 No 68, Sch 7 [6]; 2005 No 28, Sch 5.12 [5].

Sec 18K

Ins 1996 No 111, Sch 1.3 [2]. Am 2001 No 121, Sch 2.85 [3]; 2007 No 94, Sch 2; 2015 No 58, Sch 3.28 [5].

Sec 18L

Ins 2007 No 56, Sch 5 [3]. Am 2009 No 106, Sch 4.15 [1]–[3].

Sec 19

Am 1984 No 170, Schs 7 (1), 8 (4). Rep 1986 No 210, Sch 1 (3).

Sec 20

Subst 1984 No 170, Sch 3 (1). Rep 1986 No 210, Sch 1 (3).

Sec 21

Am 1982 No 41, Sch 2 (3); 1983 No 44, Schs 1 (2), 2. Rep 1984 No 170, Sch 3 (1).

Sec 22

Am 1984 No 170, Schs 7 (1), 8 (5). Rep 1986 No 210, Sch 1 (3).

Sec 23

Rep 1986 No 210, Sch 1 (3).

Sec 24

Rep 1984 No 170, Sch 3 (2).

Part 3, Div 1, Subdiv 2, heading

Subst 1988 No 20, Sch 4 (1). Am 2005 No 28, Sch 5.12 [6].

Part 3, Div 1, Subdiv 2

Subst 1988 No 20, Sch 4 (1).

Sec 25

Subst 1988 No 20, Sch 4 (1).

Sec 26

Am 1984 No 170, Sch 3 (3). Subst 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

Sec 27

Subst 1984 No 170, Sch 3 (4); 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

Sec 28

Subst 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

Sec 29

Rep 1984 No 170, Sch 3 (5). Ins 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

Sec 30

Am 1975 No 1, sec 3 (a); 1984 No 170, Sch 3 (6). Subst 1988 No 20, Sch 4 (1). Rep 2005 No 28, Sch 5.12 [7].

Sec 31

Rep 1986 No 210, Sch 1 (4).

Sec 32

Am 1975 No 1, sec 3 (b); 1984 No 170, Sch 3 (7); 1994 No 32, Sch 3. Subst 2003 No 71, Sch 3 [2]. Am 2005 No 28, Sch 5.12 [8] [9]; 2006 No 107, Sch 1.13 [1].

Sec 33

Am 1984 No 170, Sch 3 (8); 2003 No 71, Sch 3 [3].

Sec 34

Am 1986 No 210, Sch 1 (5); 2005 No 28, Sch 5.12 [10].

Secs 35, 36

Rep 1984 No 170, Sch 3 (9).

Sec 37

Subst 1975 No 1, sec 3 (c). Am 1979 No 66, sec 3. Rep 1984 No 170, Sch 3 (9).

Sec 38

Am 1975 No 1, sec 3 (d). Rep 1984 No 170, Sch 3 (9).

Sec 39

Am 1984 No 170, Sch 3 (10); 2005 No 28, Sch 5.12 [11].

Part 3, Div 1, Subdiv 4

Rep 2005 No 28, Sch 5.12 [12].

Sec 40

Subst 1984 No 170, Sch 3 (11). Rep 2005 No 28, Sch 5.12 [12].

Part 3, Div 1, Subdiv 5

Rep 2005 No 28, Sch 5.12 [12].

Sec 41

Rep 2005 No 28, Sch 5.12 [12].

Sec 42

Rep 1984 No 170, Sch 3 (12).

Part 3, Div 1, Subdiv 6

Rep 2005 No 28, Sch 5.12 [12].

Sec 43

Am 1984 No 170, Sch 3 (13); 1993 No 87, Sch 6; 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [12].

Sec 44

Am 1975 No 1, sec 3 (e); 1982 No 41, Sch 1 (1); 1984 No 170, Sch 3 (14); 1991 No 12, Sch 2 (1); 1997 No 58, Sch 1 [2]–[4]; 1997 No 141, Sch 1.5 [2] [3]; 2001 No 94, Sch 1.3 [2]; 2005 No 28, Sch 5.12 [13]–[15]; 2007 No 56, Sch 5 [4]; 2017 No 44, Sch 1.10; 2018 No 87, Sch 1.16 [1]; 2020 No 18, Sch 6.2.

Sec 45

Rep 1984 No 170, Sch 3 (15).

Sec 46

Am 1994 No 32, Sch 3.

Sec 47

Am 1975 No 77, sec 4; 1984 No 170, Schs 3 (16), 8 (6); 1994 No 32, Sch 3. Subst 1998 No 172, Sch 1 [1]. Am 2005 No 28, Sch 5.12 [16].

Sec 48

Am 1975 No 1, sec 3 (f); 1982 No 41, Sch 1 (1); 1984 No 170, Schs 3 (17), 7 (2); 1987 No 282, Sch 1 (1); 1991 No 12, Sch 2 (2); 1997 No 58, Sch 1 [3]; 2005 No 28, Sch 5.12 [13]; 2007 No 94, Sch 2.

Part 3, Div 2, Subdiv 2

Rep 2005 No 28, Sch 5.12 [17].

Sec 49

Am 1975 No 1, sec 3 (g); 1982 No 41, Sch 1 (1); 1991 No 12, Sch 2 (2); 1997 No 58, Sch 1 [3]. Rep 2005 No 28, Sch 5.12 [17].

Sec 50

Am 1975 No 1, sec 3 (h); 1984 No 170, Sch 3 (18); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [17].

Sec 51

Am 1975 No 1, sec 3 (i); 1978 No 8, Sch 1 (2); 1982 No 41, Sch 1 (1); 1991 No 12, Sch 2 (2); 1992 No 57, Sch 1; 1994 No 32, Sch 3; 1997 No 58, Sch 1 [3]; 1997 No 141, Sch 1.5 [4] [5]. Subst 2005 No 28, Sch 5.12 [18]. Am 2006 No 58, Sch 3.4 [1]; 2023 No 7, Sch 1.6[2].

Part 3, Div 3, Subdiv 1

Rep 1984 No 170, Sch 3 (19).

Sec 52

Am 1983 No 44, Sch 6. Rep 1984 No 170, Sch 3 (19).

Part 3, Div 3, Subdiv 2

Rep 2005 No 28, Sch 5.12 [19].

Sec 53

Am 1983 No 44, Sch 3. Subst 1984 No 170, Sch 3 (20). Rep 2005 No 28, Sch 5.12 [19].

Sec 54

Rep 1984 No 170, Sch 3 (21).

Sec 55

Am 1975 No 1, sec 3 (j); 1979 No 196, Sch 1 (2). Rep 1984 No 170, Sch 3 (21).

Part 3, Div 3, Subdiv 3

Rep 2005 No 28, Sch 5.12 [19].

Sec 56

Subst 1984 No 170, Sch 3 (22). Rep 2005 No 28, Sch 5.12 [19].

Part 3, Div 3, Subdiv 4

Rep 1984 No 170, Sch 3 (23). Ins 1991 No 12, Sch 2 (3). Rep 2005 No 28, Sch 5.12 [19].

Secs 57–60

Rep 1984 No 170, Sch 3 (23). Ins 1991 No 12, Sch 2 (3). Rep 2005 No 28, Sch 5.12 [19].

Sec 61

Rep 1984 No 170, Sch 3 (23). Ins 1991 No 12, Sch 2 (3). Am 1991 No 94, Sch 1; 1999 No 41, Sch 4.3. Rep 2005 No 28, Sch 5.12 [19].

Part 3, Div 3, Subdiv 5

Rep 1984 No 170, Sch 3 (23).

Sec 62

Rep 1984 No 170, Sch 3 (23).

Part 3, Div 3, Subdiv 6

Rep 2005 No 28, Sch 5.12 [19].

Sec 63

Am 1983 No 44, Sch 1 (3). Subst 1984 No 162, Sch 1 (1). Am 1986 No 218, Sch 47. Rep 2005 No 28, Sch 5.12 [19].

Sec 63A

Ins 1983 No 44, Sch 1 (4). Am 1989 No 169, Sch 3 (2); 1994 No 32, Sch 3; 2001 No 108, Sch 1 [1]. Rep 2005 No 28, Sch 5.12 [19].

Part 3, Div 3, Subdiv 7

Rep 2005 No 28, Sch 5.12 [19].

Sec 64

Am 1979 No 196, Sch 1 (3); 1994 No 32, Sch 3; 1995 No 88, Sch 1.3 [6]–[8]. Rep 2005 No 28, Sch 5.12 [19].

Sec 65

Subst 1979 No 196, Sch 1 (4). Am 1984 No 170, Sch 3 (24); 1988 No 20, Sch 4 (2); 1994 No 32, Sch 3; 1995 No 27, Sch 1.8. Rep 2005 No 28, Sch 5.12 [19].

Sec 66

Subst 1979 No 196, Sch 1 (5). Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [19].

Sec 67

Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [19].

Sec 68

Am 1978 No 8, Sch 1 (3); 1984 No 170, Sch 3 (25); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [19].

Sec 68A

Ins 1989 No 169, Sch 3 (3). Rep 2005 No 28, Sch 5.12 [19].

Sec 69

Rep 1984 No 170, Sch 3 (26).

Sec 69A

Ins 1984 No 170, Sch 3 (27). Rep 1990 No 46, Sch 1.

Sec 70

Rep 2005 No 28, Sch 5.12 [19].

Sec 71

Rep 1984 No 170, Sch 3 (28).

Sec 72

Am 1979 No 196, Sch 1 (6). Rep 1984 No 170, Sch 3 (28).

Secs 73–75

Rep 1984 No 170, Sch 3 (28).

Sec 76

Am 1975 No 1, sec 3 (k); 2000 No 111, Sch 2.2 [1] [2].

Sec 76A

Ins 2001 No 124, Sch 1 [1]. Am 2002 No 136, Sch 2.1 [1]; 2005 No 28, Sch 5.12 [20]; 2005 No 77, Sch 6.4 [2].

Sec 76A, note

Ins 2005 No 77, Sch 6.4 [2].

Sec 76B

Ins 2002 No 136, Sch 2.1 [2]. Rep 2005 No 77, Sch 6.4 [3].

Sec 77

Am 1987 No 79, Sch 1; 1987 No 164, Sch 1 (1); 1997 No 55, Sch 2.4; 2001 No 124, Sch 1 [2] [3]; 2005 No 28, Sch 5.12 [21].

Sec 78

Am 1984 No 170, Sch 3 (29). Rep 2001 No 124, Sch 1 [4].

Sec 79

Am 1994 No 32, Sch 3; 1997 No 58, Sch 1 [5] [6]; 2001 No 94, Sch 1.3 [3]–[5]. Rep 2001 No 124, Sch 1 [4].

Sec 79A

Ins 1987 No 164, Sch 1 (2). Rep 2001 No 124, Sch 1 [4].

Sec 80A

Ins 1979 No 196, Sch 1 (7). Rep 1984 No 170, Sch 3 (30).

Sec 82

Rep 1984 No 170, Sch 3 (31).

Sec 83

Subst 1984 No 170, Sch 3 (32). Rep 2005 No 28, Sch 5.12 [22].

Sec 83A

Ins 1978 No 8, Sch 1 (4). Am 1983 No 202, Sch 1 (2); 1991 No 12, Sch 2 (6); 1995 No 21, Sch 1.1. Rep 2005 No 28, Sch 5.12 [22].

Sec 83AA

Ins 1983 No 202, Sch 1 (3). Rep 1984 No 170, Sch 3 (30).

Part 3, Div 3, Subdiv 10 (secs 83B–83D)

Ins 1979 No 196, Sch 1 (8). Rep 1984 No 170, Sch 3 (34).

Part 3, Div 4

Rep 2005 No 28, Sch 5.12 [23].

Part 3, Div 4, Subdiv 1

Rep 2005 No 28, Sch 5.12 [23].

Sec 84

Am 1984 No 170, Sch 3 (35). Rep 2005 No 28, Sch 5.12 [23].

Sec 84A

Ins 1983 No 44, Sch 4 (1). Am 1984 No 170, Sch 3 (36). Rep 2005 No 28, Sch 5.12 [23].

Sec 85

Am 1993 No 87, Sch 6; 1995 No 88, Sch 1.3 [9]; 1996 No 30, Sch 1.15 [3]. Rep 2005 No 28, Sch 5.12 [23].

Sec 86

Rep 1984 No 170, Sch 3 (37).

Part 3, Div 4, Subdiv 2

Rep 1984 No 170, Sch 3 (38).

Sec 87

Am 1983 No 44, Sch 5. Rep 1984 No 170, Sch 3 (38).

Sec 88

Am 1978 No 8, Sch 1 (5). Rep 1984 No 170, Sch 3 (38).

Sec 89

Rep 1984 No 170, Sch 3 (38).

Part 3, Div 4, Subdiv 3

Rep 2005 No 28, Sch 5.12 [23].

Sec 90

Am 1984 No 170, Sch 3 (39). Rep 2005 No 28, Sch 5.12 [23].

Sec 90A

Ins 1984 No 170, Sch 3 (40). Rep 2005 No 28, Sch 5.12 [23].

Sec 91

Am 1975 No 1, sec 3 (l); 1984 No 170, Sch 3 (41); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 92

Am 1975 No 1, sec 3 (m); 1984 No 170, Sch 3 (42); 1987 No 282, Sch 1 (2); 1988 No 20, Sch 4 (3); 1993 No 80, Sch 2 (1); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 93

Rep 1984 No 170, Sch 3 (43).

Sec 94

Am 1984 No 170, Sch 3 (44); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 94A

Ins 1975 No 1, sec 3 (n). Rep 1984 No 170, Sch 3 (45).

Sec 95

Rep 1984 No 170, Sch 3 (45).

Sec 96

Am 1975 No 1, sec 3 (o). Rep 1984 No 170, Sch 3 (45).

Part 3, Div 4, Subdiv 4

Rep 2005 No 28, Sch 5.12 [23].

Sec 97

Am 1987 No 20, Sch 1 (1); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Secs 97A, 97B

Ins 1987 No 20, Sch 1 (2). Rep 2005 No 28, Sch 5.12 [23].

Sec 97C

Ins 1987 No 20, Sch 1 (2). Am 1992 No 112, Sch 1. Rep 2005 No 28, Sch 5.12 [23].

Secs 97D, 97E

Ins 1987 No 20, Sch 1 (2). Rep 2005 No 28, Sch 5.12 [23].

Sec 98

Am 1984 No 170, Sch 3 (46); 1987 No 20, Sch 1 (3). Rep 2005 No 28, Sch 5.12 [23].

Sec 99

Am 1992 No 57, Sch 1. Rep 2005 No 28, Sch 5.12 [23].

Sec 100

Am 1987 No 20, Sch 1 (4); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 101

Rep 2005 No 28, Sch 5.12 [23].

Sec 102

Am 1987 No 20, Sch 1 (5); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 103

Am 1975 No 1, sec 3 (p); 1984 No 170, Sch 8 (7). Subst 1987 No 20, Sch 1 (6). Am 1998 No 11, Sch 6.7. Rep 2005 No 28, Sch 5.12 [23].

Sec 104

Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 105

Am 1975 No 1, sec 3 (q); 1987 No 20, Sch 1 (7); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 106

Am 1992 No 112, Sch 1; 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Part 3, Div 4, Subdiv 5

Rep 2005 No 28, Sch 5.12 [23].

Sec 107

Am 1983 No 44, Sch 4 (2); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 108

Am 1984 No 170, Sch 3 (47); 1988 No 20, Sch 4 (4); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 109

Am 1984 No 170, Sch 3 (48); 1987 No 164, Sch 1 (3); 1988 No 20, Sch 4 (5); 1992 No 57, Sch 1; 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Sec 110

Am 1976 No 96, Sch 14; 1984 No 170, Sch 3 (49); 1988 No 20, Sch 4 (6). Rep 2005 No 28, Sch 5.12 [23].

Sec 111

Am 1987 No 164, Sch 1 (4); 1988 No 20, Sch 4 (7). Rep 2005 No 28, Sch 5.12 [23].

Sec 112

Am 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Part 3, Div 4, Subdiv 6

Rep 2005 No 28, Sch 5.12 [23].

Sec 113

Am 1984 No 170, Schs 3 (50), 8 (8); 1988 No 20, Sch 4 (8). Rep 2005 No 28, Sch 5.12 [23].

Sec 114

Am 1984 No 170, Sch 3 (51); 1988 No 20, Sch 4 (9); 1994 No 32, Sch 3. Rep 2005 No 28, Sch 5.12 [23].

Part 3, Div 5

Rep 2005 No 28, Sch 5.12 [23].

Sec 115

Am 1978 No 8, Sch 1 (6); 1984 No 170, Sch 3 (52); 1988 No 20, Sch 4 (10). Rep 2005 No 28, Sch 5.12 [23].

Sec 116

Am 1988 No 20, Sch 4 (11). Rep 2005 No 28, Sch 5.12 [23].

Sec 117

Subst 1978 No 8, Sch 1 (7). Rep 1984 No 170, Sch 3 (53).

Sec 117A

Ins 1978 No 8, Sch 1 (7). Rep 1984 No 170, Sch 3 (53).

Sec 118

Rep 2005 No 28, Sch 5.12 [23].

Part 3, Div 6

Rep 1984 No 170, Sch 3 (54).

Secs 119–121

Rep 1984 No 170, Sch 3 (54).

Sec 122

Am 1975 No 1, sec 3 (r); 1984 No 55, Sch 1 (1). Rep 1984 No 170, Sch 3 (54).

Sec 123

Rep 1984 No 170, Sch 3 (54).

Sec 124

Am 1975 No 1, sec 3 (s) (am 1975 No 77, sec 3); 1982 No 41, Sch 1 (2). Rep 1984 No 170, Sch 3 (54).

Sec 126

Am 1997 No 47, Sch 3 [1]; 2008 No 53, Sch 12 [1].

Sec 127

Am 1975 No 1, sec 3 (t). Subst 1995 No 88, Sch 1.3 [10]. Am 1996 No 111, Sch 1.3 [3]; 1997 No 47, Sch 3 [2]; 1997 No 141, Sch 1.5 [6]; 1998 No 49, Sch 10 [1]; 2002 No 99, Sch 3.3; 2006 No 23, Sch 4 [3].

Sec 127A

Ins 2008 No 53, Sch 12 [2].

Sec 128

Am 1975 No 1, sec 3 (u); 1990 No 103, Sch 1 (1). Subst 1995 No 88, Sch 1.3 [10].

Sec 129

Am 1975 No 1, sec 3 (v); 1990 No 103, Sch 1 (2); 1995 No 88, Sch 1.3 [11]; 2006 No 58, Sch 3.4 [2].

Sec 130

Am 1975 No 1, sec 3 (w); 1982 No 41, Sch 1 (3); 1984 No 162, Sch 1 (2); 1990 No 103, Sch 1 (3). Rep 1995 No 88, Sch 1.3 [12].

Sec 131

Am 1984 No 170, Sch 3 (55). Rep 1995 No 88, Sch 1.3 [12].

Part 3, Div 8, Subdiv 2, heading

Am 1978 No 107, sec 3 (b).

Sec 133

Am 1989 No 169, Sch 3 (4).

Sec 134

Am 1984 No 170, Sch 8 (9); 1989 No 169, Sch 3 (5); 1997 No 58, Sch 1 [7]–[9]; 1999 No 4, Sch 2.8 [1] [2]; 2005 No 28, Sch 5.12 [24]; 2008 No 75, Sch 2.2 [1] [2]; 2009 No 29, Sch 2.3; 2022 No 72, Sch 1[2].

Sec 134A

Ins 1978 No 107, sec 3 (c). Am 1982 No 41, Sch 1 (1); 1991 No 12, Sch 2 (2); 1997 No 58, Sch 1 [3]; 2005 No 28, Sch 5.12 [24].

Sec 134B

Ins 1980 No 17, sec 3.

Sec 135

Am 1978 No 107, sec 3 (d). Rep 1984 No 170, Sch 3 (56). Ins 1992 No 34, Sch 1.

Sec 136

Rep 1984 No 170, Sch 3 (56).

Sec 137

Am 1994 No 32, Sch 3.

Sec 138

Am 1993 No 87, Sch 6; 2006 No 58, Sch 3.4 [3]; 2015 No 7, Sch 2.13 [2].

Sec 140

Am 1989 No 169, Sch 3 (5); 2022 No 72, Sch 1[3].

Sec 141

Am 1994 No 32, Sch 3.

Sec 142

Am 1993 No 87, Sch 6; 2006 No 58, Sch 3.4 [4]; 2015 No 7, Sch 2.13 [2].

Part 3, Div 8, Subdiv 4

Ins 1984 No 170, Sch 3 (57).

Secs 142A–142E

Ins 1984 No 170, Sch 3 (57).

Sec 142F

Ins 1984 No 170, Sch 3 (57). Am 1993 No 87, Sch 6; 2006 No 58, Sch 3.4 [5]; 2015 No 7, Sch 2.13 [2].

Part 3, Div 8A, heading

Ins 2004 No 68, Sch 7 [7]. Am 2016 No 60, Sch 4.1 [1].

Part 3, Div 8A

Ins 2004 No 68, Sch 7 [7].

Part 3, Div 8A, Subdiv 1

Ins 2004 No 68, Sch 7 [7].

Sec 142G

Ins 2004 No 68, Sch 7 [7]. Am 2016 No 60, Sch 4.1 [2].

Sec 142H

Ins 2004 No 68, Sch 7 [7]. Am 2016 No 60, Sch 4.1 [3]

Part 3, Div 8A, Subdiv 2, heading

Ins 2004 No 68, Sch 7 [7]. Am 2016 No 60, Sch 4.1 [4].

Part 3, Div 8A, Subdiv 2

Ins 2004 No 68, Sch 7 [7].

Sec 142I

Ins 2004 No 68, Sch 7 [7]. Rep 2016 No 60, Sch 4.1 [5].

Secs 142J–142L

Ins 2004 No 68, Sch 7 [7]. Am 2016 No 60, Sch 4.1 [6].

Part 3, Div 8A, Subdiv 3

Ins 2004 No 68, Sch 7 [7].

Sec 142M

Ins 2004 No 68, Sch 7 [7].

Sec 142N

Ins 2004 No 68, Sch 7 [7]. Am 2016 No 60, Sch 4.1 [6].

Part 3, Div 8A, Subdiv 4

Ins 2004 No 68, Sch 7 [7].

Sec 142O

Ins 2004 No 68, Sch 7 [7].

Part 3, Div 8A, Subdiv 5

Ins 2004 No 68, Sch 7 [7].

Sec 142P

Ins 2004 No 68, Sch 7 [7]. Am 2015 No 19, Sch 15.3; 2016 No 60, Sch 4.1 [6].

Part 3, Div 9

Rep 2005 No 28, Sch 5.12 [25].

Part 3, Div 9, Subdiv 1

Rep 2005 No 28, Sch 5.12 [25].

Sec 143

Subst 1975 No 1, sec 3 (x). Am 1989 No 169, Sch 3 (7); 1997 No 58, Sch 1 [10] [11]; 2001 No 94, Sch 1.3 [6]. Rep 2005 No 28, Sch 5.12 [25].

Sec 144

Am 1975 No 1, sec 3 (y). Rep 1984 No 170, Sch 3 (58).

Part 3, Div 9, Subdiv 2

Rep 2005 No 28, Sch 5.12 [25].

Sec 145

Am 1997 No 58, Sch 1 [12]; 2001 No 94, Sch 1.3 [7] [8]. Rep 2005 No 28, Sch 5.12 [25].

Sec 146

Rep 2005 No 28, Sch 5.12 [25].

Sec 147

Am 1989 No 169, Sch 3 (6). Rep 2005 No 28, Sch 5.12 [25].

Sec 148

Rep 2005 No 28, Sch 5.12 [25].

Part 3, Div 9A

Ins 1984 No 170, Sch 3 (59). Rep 2005 No 28, Sch 5.12 [25].

Sec 148A

Ins 1984 No 170, Sch 3 (59). Am 1991 No 12, Sch 2 (7). Subst 1993 No 87, Sch 6. Rep 2005 No 28, Sch 5.12 [25].

Sec 148AB

Ins 1993 No 80, Sch 2 (2). Rep 1993 No 80, Sch 2 (2).

Sec 148B

Ins 1984 No 170, Sch 3 (59). Am 1993 No 87, Sch 6. Rep 2005 No 28, Sch 5.12 [25].

Secs 148C, 148D

Ins 1984 No 170, Sch 3 (59). Rep 2005 No 28, Sch 5.12 [25].

Sec 148E

Ins 1991 No 12, Sch 2 (8). Am 1993 No 87, Sch 6; 1996 No 111, Sch 1.3 [4]. Rep 2005 No 28, Sch 5.12 [25].

Sec 150

Am 1975 No 1, sec 3 (z).

Sec 151

Am 1984 No 170, Sch 8 (10); 1994 No 32, Sch 3.

Sec 152

Am 1984 No 170, Sch 8 (11); 2018 No 70, Sch 4.26; 2020 No 24, Sch 1.4[1] [2].

Sec 153

Am 1984 No 170, Schs 7 (3), 8 (12); 2001 No 121, Sch 2.85 [4]; 2005 No 28, Sch 5.12 [26]; 2007 No 94, Sch 2.

Sec 154

Am 1994 No 32, Sch 3.

Sec 156

Subst 1984 No 170, Sch 3 (60).

Secs 157, 158

Rep 1984 No 170, Sch 3 (61).

Sec 159

Rep 2005 No 28, Sch 5.12 [27].

Sec 160

Rep 1984 No 170, Sch 3 (62).

Sec 161

Am 1975 No 1, sec 3 (aa); 1978 No 8, Sch 1 (8); 1983 No 44, Sch 1 (5); 1984 No 55, Sch 1 (2). Subst 1984 No 170, Sch 3 (63). Am 1987 No 102, Sch 1; 1987 No 111, Sch 1; 1988 No 20, Sch 4 (12); 1989 No 138, Sch 7; 1991 No 12, Sch 2 (4); 1993 No 87, Sch 6; 1994 No 95, Sch 1; 2004 No 68, Sch 7 [8]; 2005 No 28, Sch 5.12 [28]; 2006 No 120, Sch 3.8 [5] [6]; 2009 No 56, Sch 4.14 [1] [2]; 2010 No 119, Sch 2.15 [1] [2]; 2015 No 7, Sch 2.13 [2]; 2025 No 53, Sch 1[18].

Part 3A

Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.12 [29].

Sec 162

Am 1984 No 170, Sch 3 (64). Rep 1987 No 48, Sch 32. Ins 1994 No 57, Sch 1; 2001 No 108, Sch 1 [2]. Rep 2005 No 28, Sch 5.12 [29].

Sec 163

Am 1984 No 170, Sch 3 (65). Rep 1987 No 48, Sch 32. Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.12 [29].

Sec 164

Am 1984 No 170, Sch 3 (66). Rep 1987 No 48, Sch 32. Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.12 [29].

Secs 164A–164C

Ins 1994 No 57, Sch 1. Subst 2001 No 108, Sch 1 [3]. Rep 2005 No 28, Sch 5.12 [29].

Secs 164D–164J

Ins 1994 No 57, Sch 1. Rep 2005 No 28, Sch 5.12 [29].

Part 4, heading

Am 1984 No 170, Sch 4 (1).

Sec 165

Am 1986 No 210, Sch 1 (6).

Sec 166

Am 1984 No 170, Sch 4 (2); 1985 No 59, Sch 1. Subst 1986 No 210, Sch 1 (7). Am 1999 No 94, Sch 4.17 [1]; 2001 No 121, Sch 2.85 [5].

Sec 167

Am 1975 No 1, sec 3 (bb).

Sec 168

Subst 1984 No 170, Sch 4 (3).

Sec 169

Am 1984 No 170, Sch 4 (4).

Sec 170

Subst 1984 No 170, Sch 4 (5). Rep 1986 No 210, Sch 1 (8).

Sec 171

Am 1975 No 1, sec 3 (cc). Subst 1984 No 170, Sch 4 (5). Am 1986 No 210, Sch 1 (9); 1987 No 238, Sch 1; 1993 No 80, Sch 2 (3); 1997 No 86, Sch 3; 1998 No 120, Sch 2.13; 1999 No 94, Sch 4.17 [2]; 2004 No 68, Sch 7 [9]; 2006 No 107, Sch 1.13 [2]; 2006 No 120, Sch 3.8 [7]–[9]; 2023 No 7, Sch 1.6[3]; 2025 No 53, Sch 1[18].

Secs 171A–171C

Ins 1984 No 170, Sch 4 (6). Rep 1987 No 48, Sch 32.

Sec 171D

Ins 1984 No 170, Sch 4 (6).

Sec 172

Am 1984 No 170, Sch 4 (7). Rep 1986 No 210, Sch 1 (10).

Sec 173

Subst 1984 No 170, Sch 4 (8). Am 1986 No 210, Sch 1 (11). Subst 2003 No 71, Sch 3 [4]. Am 2006 No 107, Sch 1.13 [3].

Sec 174

Am 1984 No 170, Sch 4 (9); 1986 No 210, Sch 1 (12); 2001 No 121, Sch 2.85 [6]; 2003 No 71, Sch 3 [5].

Sec 175

Subst 1975 No 1, sec 3 (dd). Am 1984 No 170, Sch 4 (9). Subst 1986 No 210, Sch 1 (13). Am 2003 No 71, Sch 3 [6].

Sec 176

Rep 1979 No 196, Sch 1 (9). Ins 2001 No 121, Sch 2.85 [7].

Part 5

Rep 1979 No 196, Sch 1 (9). Ins 2014 No 44, Sch 1.

Secs 177, 178

Rep 1979 No 196, Sch 1 (9). Ins 2014 No 44, Sch 1.

Sec 179

Am 1975 No 1, sec 3 (ee). Rep 1979 No 196, Sch 1 (9). Ins 2014 No 44, Sch 1.

Sec 181

Rep 1999 No 85, Sch 4.

Sec 183

Rep 1987 No 48, Sch 32. Ins 1989 No 89, Sch 2.

Sec 183A

Ins 1995 No 88, Sch 1.3 [13].

Sec 183B

Ins 1997 No 47, Sch 3 [3].

Sec 183C

Ins 1997 No 141, Sch 1.5 [7].

Sec 183D (previously sec 183C)

Ins 1997 No 58, Sch 1 [13]. Renumbered 1998 No 54, Sch 2.9.

Sec 185

Am 1984 No 170, Sch 5 (1); 1986 No 210, Sch 1 (14); 1988 No 20, Sch 4 (13); 1994 No 32, Sch 3.

Sec 187

Am 1994 No 32, Sch 3.

Sec 188

Am 1987 No 48, Sch 32; 1994 No 32, Sch 3; 2009 No 56, Sch 4.14 [3].

Sec 192

Am 1989 No 89, Sch 2.

Sec 193

Rep 1984 No 170, Sch 5 (2).

Sec 194

Subst 1975 No 1, sec 3 (ff). Am 1984 No 170, Sch 5 (3); 1994 No 32, Sch 3; 1999 No 94, Sch 4.17 [3]; 2001 No 121, Sch 2.85 [8].

Part 7

Ins 1979 No 196, Sch 1 (10).

Sec 195

Ins 1979 No 196, Sch 1 (10). Am 1994 No 32, Sch 3.

Sec 196

Ins 1979 No 196, Sch 1 (10). Am 1994 No 32, Sch 3; 2006 No 58, Sch 3.4 [6].

Sec 197

Ins 1979 No 196, Sch 1 (10).

Sec 198

Ins 1979 No 196, Sch 1 (10). Rep 1984 No 170, Sch 6 (1).

Sec 199

Ins 1979 No 196, Sch 1 (10). Am 1988 No 20, Sch 4 (14); 1991 No 71, Sch 1; 1994 No 32, Sch 3.

Sec 200

Ins 1979 No 196, Sch 1 (10). Am 1982 No 41, Sch 2 (4); 1984 No 170, Schs 6 (2), 8 (13).

Sec 200A

Ins 2016 No 26, Sch 3.

Secs 201, 202

Ins 1979 No 196, Sch 1 (10).

Sec 203

Ins 1984 No 170, Sch 6 (3).

Sch 1A, heading

Ins 2004 No 68, Sch 7 [10]. Am 2025 No 53, Sch 1[19].

Sch 1A

Ins 2004 No 68, Sch 7 [10]. Am 2025 No 53, Sch 1[20].

Sch 2

Am 1974 No 80, Sch 1; 1976 No 63, Sch 1; 1977 No 18, Sch 4; 1977 No 126, Sch 1; 1979 No 62, Sch 1; 1979 No 205, Sch 1; 1979 No 208, Sch 4, Part 1; 1987 No 108, Sch 1. Rep 1999 No 85, Sch 4.

Sch 3

Ins 1997 No 58, Sch 1 [14]. Am 1998 No 49, Sch 10 [2]; 1998 No 172, Sch 1 [2] [3]; 2001 No 108, Sch 1 [4]; 2001 No 124, Sch 1 [5] [6]; 2003 No 71, Sch 3 [7] [8]; 2004 No 68, Sch 7 [11]; 2006 No 23, Sch 4 [4] [5]; 2006 No 120, Sch 2.21; 2016 No 60, Sch 4.1 [7]; 2018 No 87, Sch 1.16 [2] [3]; 2022 No 72, Sch 1[4].

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