District Court (Commercial Arbitration) Amendment Act 1984 (NSW)

DISTRICT COURT (COMMERCIAL ARBITRATION) AMENDMENT

ACT, 1984, No. 162

Mm &outij Males;

ELIZABETHS U REGINS

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Act No. 162, 1984.

An Act to amend the District Court Act. 1973. so as to enable rales to be made under that Act with respect to the referral of certain actions and questions to an arbitrator or referee and for other purposes. [Assented to, 14th December, 1984.]

District Court (Commercial Arbitration] Amendment I 984

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

Short title.

This Act may be cited as the "District Court (Commercial Arbitration) Amendment Act. I9K4".

1.

Commencement.

2. (1) Sections 1 and 2 shall commence on the dale of assent to this

Act

(2) Except as provided by subsection ( 1 ). this Act shall commence on the day appointed and notified under section 2 (2) o\ the Commercial Arbitration Act. 19X4

Amendment of Act No. 9, 1973.

3. The District Court Act. 197,3. is amended m the manner set forth in

Schedule 1.

Transitional provision.

1. Where—

   fa) an action was referred to an arbitrator under section 63 ot the District Court Act. 1973. before the commencement ot this section: or

   3   Act No. 162

District Court (Commercial Arbitration) Amendment 1984

(b) no rules of court have been made under that section as amended by this Act.

the law governing the reference of an action to an arbitrator by the District Court shall be that which would have been applicable if this Act had not been enacted.

SCHEDULE 1.

(Sec. 3.)

AMHNDMHNTS TO THF. DISTRICT COURT A C T . 1973.

(1 ) Section 6 3 —

Omit the section, insert instead: —

Arbitration.

63. ( 1 ) Subject to subsection ( 2 ) , the rules may make provision

for or with respect to—

(a)	the cases in which the whole of any action or any question or issue arising in any action may be referred by the Court to an arbitrator or referee for determination or for inquiry or report:
(b)	the appointment of a Judge, registrar or other officer of the Court or other person as an arbitrator or referee;
I c ) the fees to be paid to such an arbitrator or referee;
(d)	the person by whom the whole or any part of any such fees are payable:

(e ) the consequences of a determination or report by an arbitrator

or referee:

(f)	the manner in which such a determination or report may be called in question;
(g)	whether or not. or to what extent, a determination or report may be called in question on a matter of fact or law;

District Court (Commercial Arbitration) Amendment 1984

SCHEDULE I —continued.

A M K N D M E N I S TO THE DISTRICT COURT A n ,	1973—continued.
(h)	the provision of the services of officers of the Court and the

provision of court rooms and other facilities for the purpose of a reference of any action or any question or issue arising in any action to an arbitrator or referee; and

(i)    any other matters associated with such a reference.

(2) The Court, on application made to it by any party within the prescribed time, may set aside a determination made by an arbitrator or referee and may —

(a)	refer the determination back to the arbitrator or referee who made it: or
(b)	revoke the reference to the arbitrator or referee who made the determination and make such order as it thinks fit for the continuance of the action.

(2) Section 130 (3 ) -

After section 130 ( 2 ) . insert: —

( 3 ) Notwithstanding anything in this section, an application or appeal to the Supreme Court in respect of a ludgment, order or determination in proceedings in the Court under the Commercial Arbitration Act. 1984. may be made only by leave of the Supreme Court.