District Court (Amendment) Act 1982 (NSW)

DISTRICT COURT (AMENDMENT) ACT, 1982, No. 41

JJeto &outf) Males;

ELIZABETHS U REGINiE

Act No. 41, 1982.

An Act to amend the District Court Act, 1973, in relation to the amounts for which certain civil actions may be brought in the District Court, the recovery of costs in that Court and appeals from that Court to the Supreme Court, and for certain other purposes. [Assented to, 5th May, 1982.1

See also Courts of Petty Sessions (Civil Claims) Amendment Act, 1982.

Act No. 4 1 , 1982. 2

District Court (Amendment).

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

Short title.

1. This Act may be cited as the "District Court (Amendment) Act,

1982".

Commencement.

2.      (1) Except as provided in subsections (2) and ( 3 ) , this Act shall

commence on the date of assent to this Act.

(2) Section 5 shall, in its application to a provision of Schedules 1

and 2, commence on the day on which that provision commences.

(3) The several provisions of Schedule 1 shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Principal Act.

1. The District Court Act, 1973, is referred to in this Act as the Principal

Act.

Schedules.

1. This Act contains the following Schedules:—

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

THE EXTENT OF THE CIVIL JURISDICTION OF THE DISTRICT COURT.

SCHEDULE 2 .—MISCELLANEOUS A M E N D M E N T S TO THE PRINCIPAL

A C T .

3   Act No. 41, 1982.

District Court (Amendment).

Amendment of Act No. 9, 1973.

5.      The Principal Act is amended in the manner set forth in Schedules 1

and 2.

SCHEDULE 1.

(Sec. 5.)

AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE EXTENT OF THE

CIVIL JURISDICTION OF THE DISTRICT COURT.

(1) Sections 44 (1) (a) , 48 (2), (3), 49 (2), 51 (2), 1 3 4 A —

Omit "$20,000" wherever occurring, insert instead "$100,000".

(2) (a) Section 124 (3) (a) ( i ) -( i i i )—

Omit section 124 (3) (a) (i) and (ii), insert instead:—

(i) before 4th April, 1977—$250;

(ii)   on or after 4th April, 1977, but before the commence- ment of Schedule 1 (2) to the District Court (Amendment) Act, 1982—$750; or

(iii)   after the commencement of Schedule 1 (2) to that Act —$2,000; and

(b) Section 124 (4) ( a ) - ( c ) —

Omit section 124 (4) (a) and (b), insert instead:—

(a)	in relation to an action commenced before 4th April, 1977—$100;
(b)	in relation to an action commenced on or after 4th April, 1977, but before the commencement of Schedule 1 (2) to the District Court (Amendment) Act, 1982— $750; or
(c)	in relation to an action commenced after the commence-

ment of Schedule 1 (2) to that Act—$2,000.

Act No. 41, 1982. 4

District Court (Amendment).

SCHEDULE I—continued.

AMENDMENTS TO THE PRINCIPAL ACT RELATING TO THE EXTENT OF THE

CIVIL JURISDICTION OF THE DISTRICT COURT—continued.

(3) Section 130 (1) (a) (i)-(iii) —

Omit section 130 (1) (a) (i) and (ii), insert instead:—

(i)   in the case of an action commenced before 1st April, 1975—

$1,000 or upwards;

(ii)   in the case of an action commenced on or after 1st April,

1975, but before the commencement of Schedule 1 (3) to the District Court (Amendment) Act, 1982—$3,000 or upwards; or

(iii)   in the case of an action commenced after the commencement

of Schedule 1 (3) to that Act—$5,000 or upwards,

SCHEDULE 2.

(Sec. 5.)

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT.

(1) Section 4 ( 1 ) , definition of "the registrar"—

Omit the definition, insert instead:—

"the registrar", in relation to any proceedings, means—

(a)	except as provided in paragraph (b), the registrar for the proper place in relation to the proceedings; or
(b)	in a case in which the registrar for Sydney is exercis-

ing a power of the registrar referred to in paragraph (a) pursuant to section 21 ( I A ) , the registrar for Sydney;

5   Act No. 41, 1982.

District Court (Amendment).

SCHEDULE 2—continued.

MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT—continued.

(2) Section 13 (3)—

Omit the subsection.

(3) (a) Section 21 C D -

Omit "Sydney" where secondly occurring, insert instead "any proclaimed place".

(b) Section 21 (1A) —

After section 21 (1), insert:—

The registrar for Sydney may, except where a Judge otherwise orders or the rules otherwise provide, exercise, in or in respect of proceedings in relation to which the proper place is any proclaimed place, other than Sydney, the powers of the registrar for the proclaimed place to enter up judgment in accordance with an agreement under section 61 (1).

( I A )

(4) Section 200 (2) —

Omit "this section", insert instead "section 199".