District Court Act 1973 Rule (1991-531) [GG No 139 of 4.10.1991] (NSW)

1991—No. 531

DISTRICT COURT ACT 1973—RULE

NEW SOUTH WALES

[Published in Gazette No. 139 of 4 October 1991]

1.  This rule is made by the Rule Committee on 24 September 1991, and has effect on and from 4 October 1991.

2. The District Court Rules 1973 are amended as follows—

(a) Part 1 rule 3

(i) After the matter relating to Part 12 insert the matter:

PART 12A—INDIVIDUAL LIST PROJECT

(ii) After the matter relating to Part 51A insert the matter:

PART 51B—COMMERCIAL ARBITRATION ACT

1984

(b)

Part 12A rule 2 (1) where no such notice has been sent, when the Court orders that the action be so included”.

(c) Part 19A rule 3
Omit subrule (4) (b), insert instead the following paragraphs—

(b)	in the case of an action referred for determination under section 63A (1) of the Act, the commencement of the hearing of the action before the arbitrator; or
(c)	verdict or judgment in respect of the claim to which the offer relates,

(d)

Part 19A rule 7 (2) arbitrator,”.

(e) Part 39 rule 1B (3)

(i) In paragraph (c) omit “or” where secondly occurring;

(ii)  In paragraph (d) after “1988” insert “but before 1 November 1991”,

(iii)  In paragraph (d) (iii) omit “$5,000.”, insert instead “$5,000; or”;

1991—No. 531

(iv) After paragraph (d) insert the following paragraph—

(e) in relation to an action commenced on or after 1 November 1991—

(i)  if the action is, or could under the rules have been, Commenced by the lodging of a statement of liquidated claim—$20,000; or

(ii) in any other case—$10,000.

EXPLANATORY NOTE

The purpose of the amendments is—

(a)	to prohibit acceptance of an offer of compromise after commencement of an arbitration and also to prohibit the disclosure of any such offer to the arbitrator before he completes the hearing;
(b)	to provide that, for actions which could have been commenced in a Local Court after the jurisdiction of that Court is extended to $40,000, there be no costs recoverable in the District Court in liquidated claims involving $20,000 or less, or in unliquidated claim involving $10,000 or less;
(c)	to ensure the efficacy of an order of the Court transferring an action to the Individual List Project; and

(d) to make other minor and consequential amendments.

E. J. O’Grady

Secretary to the Rule Committee.