District Court (Amendment) Act 1987 (NSW)

DISTRICT COURT (AMENDMENT) ACT 1987 No. 164

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3.     Amendment of Act No. 9, 1973

4. Application of amendments

SCHEDULE 1—AMENDMENTS

DISTRICT COURT (AMENDMENT) ACT 1987 No. 164

NEW SOUTH WALES

Act No. 164, 1987

An Act to amend the District Court Act 1973 in relation to the hearing of	certain civil actions without juries and the sale of property under writs of
execution. [Assented to 18 November 1987]

District Court (Amendment) 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the District Court (Amendment) Act 1987.

Commencement

2.     (1) Except as provided by this section, this Act shall commence on

the date of assent to this Act.

(2) Section 3, in its application to a provision of Schedule 1, shall

commence on the date of commencement of the provision.

(3) Schedule 1 (3) and (4) shall commence on a day to be appointed by

proclamation.

Amendment of Act No. 9, 1973

1. The District Court Act 1973 is amended as set out in Schedule 1.

Application of amendments

4.     (1) The amendments made by Schedule 1(1) and (2) apply to actions

pending in the District Court at the commencement of those amendments,
as well as to actions commenced afterwards.

(2) Subject to the rules of the District Court, the amendments made by Schedule 1 (3) and (4) extend to writs of execution issued before the commencement of those amendments.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 77 (Questions of fact and law)—

Section 77 (5) (a)— Omit the paragraph.

(2) Section 7 9 A —

After section 79, insert:

Power to dispense with jury

79A. In any action, the Court may order, despite sections 77,
78 and 79, that all or any questions of fact be tried without a jury.

3   Act No. 164

District Court (Amendment) 1987

SCHEDULE 1— AMENDMENTS—continued

(4) Section 111 (Auctioneers)—

Omit "land" wherever occurring, insert instead "property".