District Court Amendment (Arbitration Rehearings) Rule 2004 (NSW)

2004 No 101

New South Wales

District Court Amendment (Arbitration

Rehearings) Rule 2004

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the

District Court Act 1973 on 17 February 2004.

Anthony Grew

Secretary to the Rule Committee

Explanatory note
The object of this Rule is to amend Part 39A of the District Court Rules 1973:

(a)	to remove the power of the Court to refund an applicant’s filing fee for a rehearing under Part 3 of the Arbitration (Civil Actions) Act 1983 if the determination of the Court at the rehearing is substantially more favourable to the applicant than the determination of the arbitrator, and
(b)	to remove a provision that excluded the filing fee from an award of costs in relation to such a rehearing, and
(c)	to make certain minor amendments by way of statute law revision.
Published in Gazette No 51 of 5 March 2004, page 1037	Page 1
2004 No 101
Clause 1	District Court Amendment (Arbitration Rehearings) Rule 2004

District Court Amendment (Arbitration Rehearings)

Rule 2004

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Arbitration
Rehearings) Rule 2004.

2 Amendment of District Court Rules 1973

The District Court Rules 1973 are amended as set out in Schedule 1.

2004 No 101

District Court Amendment (Arbitration Rehearings) Rule 2004

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Part 39A, rule 31

Omit rule 31 (1)–(4). Insert instead:

(4)

Subject to subrule (5), where proceedings are heard and determined under section 18A of the Arbitration (Civil Actions) Act 1983 (the Arbitration Act) and the determination of the Court is not substantially more favourable to the applicant for the order for rehearing (the applicant) than is the determination of the arbitrator, the Court:

(a)	may not order any other party to pay the applicant’s costs incurred by reason of the rehearing, and
(b)	is to order the applicant to pay the costs of every other party incurred by reason of the rehearing.

[2]      Part 39A, rule 31 (6)

Omit “section 18 (5)”. Insert instead “section 18D”.

BY AUTHORITY