District Court Act 1973 Rule (1995-732) [GG No 152 of 15.12.1995] (NSW)

1995—No. 732

DISTRICT COURT ACT 1973—RULE

NEW SOUTH WALES

(Published in Gazette No. 152 of 15 December 1995]

1. This rule is made by the Rule Committee of 5 December 1995, and

has effect on and from 15 December 1995.

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

(a) Part 2A rule 2A
After Part 2A rule 2 insert:

Transfer within District

2A. (1) Without limiting rule 2 (2), the Court may, on the application of a party or of its own motion, direct that any proceedings for hearing at a specified proclaimed place comprised

within a District are to be heard at another proclaimed place that is

comprised within the same District.

(2) The powers of the Court under subrule (1) may, in respect of a District, be exercised by the Court or by the registrar in the civil jurisdiction for that District.

(b) Part 53 rule 7 (4), (5) After Part 53 rule 7 (3) insert:

(4) Notwithstanding anything in subrule (2), and without limiting subrule (3), the Court may, on the application of a party or of its own motion, direct that any proceedings for hearing at a specified proclaimed place comprised within a District are to be heard at another proclaimed place that is comprised within the same District.

(5) The powers of the Court under subrule (4) may, in respect of a District, be exercised by the Court, or by the registrar in the criminal jurisdiction for that District, or by the Criminal Listing Director.

1995—No. 732

EXPLANATORY NOTE

The purpose of the amendments is to provide for orders transferring proceedings within a District in accordance with Practice Note No. 35, and to enable those orders to be made by the registrar for the District or, in the criminal jurisdiction, by the Criminal Listing Director.

E. J. O’Grady

Secretary to the Rule Committee