District Courts (Amendment) Act 1949 (NSW)
DISTRICT COURTS (AMENDMENT) ACT.
Act No. 44, 1949.
An Act to make further provision as to the jurisdiction of District Courts; to confer an equitable jurisdiction upon such courts; for these and other purposes to amend the District Courts Act, 1912-1947, and the Matrimonial Causes Act 1899, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 16th November, 1949.]
BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis- Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "District Courts (Amendment) Act, 1949."
(2)
(2) The Dis t r ic t Cour ts Act, 1912, as amended by
subsequent Acts , is in this Act re fe r red to as the
| P r inc ipa l | Act. |
(3) The Pr inc ipa l Act as amended by this Act, may
be cited as the Distr ic t Cour ts Act, 1912-1949.
(4) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2 . The Pr inc ipa l Act is amended—
(a) by omitting subsection one of section four and by inser t ing in lieu thereof the following new subsection:— (1) The Governor may, by proclamat ion in the Gazette, o rder t ha t courts , to be called Dis t r ic t Cour ts , shall be holden a t such towns and places and a t such t imes as he thinks fit and may, in like manner , a l te r the place or t ime for holding any such court, or order t ha t the holding of any such court be discontinued.
(b) by omitting subsection two of section five and by inser t ing in lieu thereof the following subsec tion :— (2) Any such proclamat ion shall take effect from the da te of notification thereof in the Gazette or from such la te r da te as may be specified therein.
(c) ( i) by omit t ing from subsection two of section
seven the words " a t p r e s e n t " ; (ii) by omitting from the same subsection the words " s o long as such jur isdict ion as las t
aforesaid c o n t i n u e s " ;
(d)
by omitting section ten and by inserting in lieu thereof the following section:—
10. (1) I n any action or m a t t e r pending in any Distr ic t
Cour t—
(a)
if it appears that a fair or unprejudiced t r i a l of any issue cannot otherwise be
h a d ; or (b)
(b)
if for any other reason it appears expedient to the judge so to do,
the judge may change the venue and direct the t r ia l or hear ing to be had in some other Dis t r ic t Court , and may for t ha t purpose make all such orders , and (where the venue is changed a t the instance of any p a r t y ) impose such t e rms and conditions, as just ice appea r s to require .
(2) W h e r e the venue is changed the
r e g i s t r a r of the Dis t r ic t Cour t in which the action or m a t t e r was commenced shall for thwith t r ansmi t by post the whole record thereof to the r e g i s t r a r of the Dis t r ic t Cour t to which the action or m a t t e r is to be sent.
(3) The judge and r eg i s t r a r of such last-
mentioned Dis t r ic t Cour t shall have the same jur isdict ion and powers in respect of such action or m a t t e r as if it had been commenced in t ha t Dis t r ic t Court , and all fur ther proceedings in the action or ma t t e r shall be had as if it had been so commenced.
(4) W h e r e the venue of an action or
m a t t e r is changed to another Dis t r ic t Court , the judge of t ha t Dis t r ic t Cour t shall appoin t a d a y for the hear ing , notice whereof shall be sent by the r eg i s t r a r by post or otherwise to the pa r t i e s .
(e) by inser t ing a t the end of subsection one of
section four teen the words " S u c h judge as the Governor determines shall be Cha i rman of the
Dis t r ic t Court J u d g e s " ;
(f) by omitting section fifteen and by inserting in lieu thereof the following section:— 15. Each Distr ic t Cour t judge is const i tuted a judge of every Dis t r ic t Court and cha i rman of every court of qua r t e r sessions in New South Wales , and each such judge or chai rman, as the case may be, shall exercise jur isdict ion in such dis t r ic t or dis t r ic ts as the Minis ter shall f rom
t ime
t ime to t ime appoint in respect of such judge
or chai rman. (g)
by omitting subsection two of section sixteen and by inser t ing in lieu thereof the following subsect ions:—
(2) W h e r e two or more Dis t r ic t Cour t judges
a re appointed to exercise jur isdict ion in one and the same distr ict , only one of such judges shall sit, pres ide or act a t any t r ia l or a t the hear ing of any applicat ion or the making of any order in reference the re to ; but in the appoin tment and removal of officers and in the discharge of other adminis t ra t ive duties imposed by this Act upon the judge of any Dis t r ic t Court , the concurrence of such number of judges as may be prescr ibed in respect of t ha t dis tr ict shall be required.
(2A) Subject to the provis ions of this Act,
s i t t ings of the Dis t r ic t Courts shall be a r r anged
by the Cha i rman of the Dis t r ic t Cour t judges . (h)
by omitting sections twenty-one, twenty-two and twenty- three and by inser t ing in lieu thereof the following section:—
21. (1) There shall be a r e g i s t r a r for every
Dis t r ic t Court . (2) (a ) I n the case of the Distr ic t Cour t of the Metropol i tan Dis t r ic t holden a t
Sydney
the r eg i s t r a r shall be appointed by the Governor.
T h e person who at the commencement of the
Dis t r ic t Cour ts (Amendment ) Act, 1949, held
office as r eg i s t r a r of the Dis t r ic t Cour t of the Metropol i tan Dis t r ic t holden a t Sydney shall be deemed to have been appointed r eg i s t r a r of such court under the provis ions of this p a r a g raph .
(b) I n every other case the r eg i s t r a r
shall be the person for the t ime being holding office as, or d ischarging the functions of, clerk of pe t ty sessions a t the place a t which the court
i s s i tuated. (i)
(i) by omitting from section twenty-four the words
" T h e Governor m a y appoin t an ass i s t an t
r e g i s t r a r to act a t any p l a c e " and by inser t ing
in lieu thereof the following p a r a g r a p h s : — The Governor may, from time to t ime, appoin t places a t which the powers and dut ies herein af ter mentioned may be exercised by an ass i s tan t r eg i s t r a r . The places a t which an ass i s tan t
r e g i s t r a r acted immediately before the com mencement of the Dis t r ic t Courts (Amendmen t ) Act, 1949, shall be deemed to be places appoin ted by the Governor p u r s u a n t to the foregoing provis ions of this section. I n the case of the Dis t r ic t Cour t of the
Metropol i tan Distr ic t holden at Sydney the
ass i s tan t r eg i s t r a r shall be appointed by the
Governor. The person who a t the commence
ment of the Dis t r ic t Cour ts (Amendment ) Act,
1949, held office as ass i s tan t r eg i s t r a r of the Dis t r ic t Cour t of the Metropol i tan Dis t r ic t holden a t Sydney shall be deemed to have been appointed ass i s tan t r eg i s t r a r of such court under the provis ions of this section. I n every other case at each place appoin ted by the Governor p u r s u a n t to the provis ions of this section the ass i s tan t r eg i s t r a r shall be the person for the t ime being holding office as , o r d ischarging the functions of, clerk of pe t ty sessions a t such place.
(J) (i) by omit t ing from subsection one of section th i r ty the words " o r p a r t n e r of such r e g i s t r a r " ;
(ii) by omitting from the same subsection the
words " o r p a r t n e r " wherever occur r ing ; (iii) by omitting from the same subsection the
words " b y himself or his p a r t n e r " ;
(k) by omit t ing section th i r ty -one ;
( l )
(l)
by omit t ing Division 4 of P a r t I I and by inser t ing in lieu thereof the following Divis ion:—
D I V I S I O N 4.—Adjournment of court.
32. W h e r e for any reason it is not pract icable for a s i t t ing of a Dis t r ic t Court to take place on the da te appointed therefor , the reg i s t ra r , or in the event of his dea th or absence the bailiff, shall adjourn the court to such hour or such la te r da te as he may deem convenient.
(m) by omit t ing section thirty-five;
(n ) by inser t ing next af ter section fifty-two the following new sect ion:—
52A. Actions or m a t t e r s pending or a r i s ing in any Dis t r ic t Court between the same pa r t i e s may be consolidated by order of a judge, upon such t e rms as he thinks jus t and reasonable.
(o) (i) by omit t ing from section sixty-seven the
words " s e v e n d a y s " and by inser t ing in lieuthereof the words " t h e prescr ibed number
of d a y s " ; (ii) by omit t ing from the same section the words " t e n d a y s " and by inse r t ing in lieu thereof
the words " t h e prescr ibed number of d a y s " ; (iii) by inserting at the end of the same section
the words " F o r the purposes of this section rules of cour t m a y prescr ibe numbers of
days va ry ing according to whether the
defendant is served within or outside the
d is t r ic t for which such court is const i tuted and in the la t t e r case va ry ing according to the distance of the place where the defen
dan t is served from such c o u r t " ;
(p) by omitting from section sixty-eight the words "men t ioned in the las t preceding sec t ion" and by inser t ing in lieu thereof the words " p r e
scr ibed p u r s u a n t to section sixty-seven of this A c t " ; (q)
(q) (i) by omit t ing from section seventy-three the
words " f o u r hundred p o u n d s " and byinser t ing in lieu thereof the words " o n e
thousand p o u n d s " ; (ii) by inserting at the end of the same section
the following new p rov i so :—
Prov ided fur ther t ha t where the m a t t e r the subject of such set-off or cross action involves an amount in excess of one thousand pounds , the defendant m a y abandon the excess, which abandonment shall be notified to the plaintiff in the manne r prescribed, and m a y pu r sue the m a t t e r the subject of such set-off or cross action to an amount not exceeding one
thousand pounds .
( r ) (i) by inse r t ing next after p a r a g r a p h (d) of subsection one of section seventy-five the
following new p a r a g r a p h : —
(e) be allowed to raise such other defence or defences as may be prescr ibed by rules of cour t ;
(ii) (a) by omitting from subsection two of the
same section the word " h e r e a f t e r " ;
(b) by omitting from the same subsection
the words " a t p r e s e n t " ;
(s) by omitting from section ninety-one the words
" t w o p o u n d s " and by inser t ing in lieu thereof
the words " f o u r p o u n d s " ; (t) by omitting subsections one and two of section one hundred and by inse r t ing in lieu thereof the
following subsection:—(1) W h e r e any judgment for a plaintiff or defendant has been given or entered u p in a Dis t r ic t Cour t the judge may a t any t ime o rde r the same to be pa id a t such t ime or t imes a n d by such ins ta lments , if any, as he thinks fit.
(u)
(u)
by omitting section one hundred and one and by inser t ing in lieu thereof the following section:—
101. W h e r e in any action in a Dis t r ic t Cour t
for a debt or l iquidated demand, judgment by default or confession is entered up aga ins t one or more of several defendants , the plaintiff may enforce such judgment without prejudice to his r igh t to proceed agains t , and to enforce any judgment obtained against , any other defendant or defendants , except in so far as sat isfaction by any defendant opera tes in favour of all.
(v) by inserting next after section one hundred and three the following new sect ion:—
103A. (1) Any judgment debtor in a Dis t r ic t
Cour t (in this section re fer red to as " t h e first
c o u r t " ) who has obtained judgment agains t his
judgment credi tor in some other Dis t r ic t Cour t (in this section re fe r red to as " t h e second c o u r t " ) may make applicat ion to the judge of the first court for an o rder t ha t the judgment aga ins t him be set off aga ins t the judgment in his favour.
(2) W h e r e any such order has been
made, and—
(a) the amount of the judgment in the first court is less than or equal to the amount of the judgment in the second court , the judgment in the first court shall be
of the judgment in the second court deemed to be satisfied, and the amount shall be reduced by the amount of the judgment in the first cour t ; or
(b)
the amount of the judgment in the first court is g rea t e r than the amount of the judgment in the second court, the amount of the judgment in the first cour t shall be reduced by the amount of the judgment in the second court, and the judgment in the second court shall be deemed to be satisfied.
(w)
(w)
by inserting in section one hundred and four af ter the word " m a y " the words " excep t where
otherwise directed by the j u d g e " ; (x) by omitting from section one hundred and five the words " s i x y e a r s " and by inser t ing in lieu
thereof the words " t w e n t y y e a r s " ;
(y) (i) by omit t ing from subsection one of section
one hundred and ten the words " b y the saidreg i s t r a r , by himself or his d e p u t y " and
by inser t ing in lieu thereof the words " p u r suant to this A c t ' ' ; (ii) by omitting from the same subsection the
word " s a i d " where secondly occurr ing; (iii) by omitting from the same section the words " b a r g a i n and s a l e " wherever occurr ing and by inser t ing in lieu thereof the word " a s s u r a n c e " ;
(z)
by omitting the proviso to section one hundred and twelve and by inser t ing in lieu thereof the following proviso :—
Prov ided tha t—
(a) wear ing a p p a r e l ; (b) bedd ing ; (c) tools ; and
(d) implements of t r a d e ; of the said person and his family, to the valu* of ten pounds in respect of each such class of
goods shall be protec ted from seizure.
(aa) by omit t ing section one hundred and th i r t een ; (bb) (i) by inser t ing in subsection one of section
one h u n d r e d and sixteen af ter the word
" r e g i s t r a r " where secondly occurr ing the
words
words " o r the judge or r eg i s t r a r of the court of the dis t r ic t in which the judgment
debtor r e s i d e s " ; (ii) by omitting subsection three of the same section;
(cc) by inser t ing next after section one hundred and twenty the following new sect ion:—
120.v. (1) Whenever in any proceedings in a Dis t r ic t Cour t to obtain an a t t achment of debts i t is suggested by the garn ishee tha t the debt sought t o be a t tached belongs to some th i rd person, or tha t any th i rd person has a lien or charge upon it, the judge may order such th i rd person to appea r and to s ta te the na tu re and par t i cu la r s of his claim upon such debt.
(2) After hea r ing the al legations of any th i rd person under any such order as mentioned in subsection one of this section, and of any other person who by the same or any subsequent order is ordered by the judge to appear , or in case of such th i rd person not appea r ing when ordered, the judge may order execution to issue as p ro vided in section one hundred and nineteen of this Act, or m a y order any issue or question a r i s ing to be t r ied or determined, and may ba r the claim of such th i rd person or make such other order as he may think fit, upon such te rms , in all cases, with respect to the lien or charge (if any) of such th i rd person, and to costs, as the judge shall think jus t and reason
able.
(dd) by inser t ing next af ter section one hundred and
twenty-five the following new section:—
125A. F o r the purposes of this Division of this P a r t of this Act " j u d g m e n t " includes any order for the payment of a sum of money whether as costs or otherwise.
(ee) (i) by omit t ing from section one under the
m a t t e r re la t ing to P a r t I I the words and figures "Div i s ion 4.—Time and place for holding
holding cour t—s. 3 2 " and by inser t ing in lieu thereof the following words and figures "Div i s ion 4 .—Adjournment of cour t—s. 3 2 " ;
(ii) by omitting from the same section the symbols " 1 2 5 " and by inser t ing in lieu
thereof the symbols " 1 2 5 A " ;
3. The P r inc ipa l Act is fur ther amended— (a) (i) by omit t ing from subsection one of section
forty-one the words " f o u r hundred
p o u n d s " and by inser t ing in lieu thereof
the words " o n e thousand p o u n d s " ; (ii) by omitting subsection two of the same sect ion;
(b) by omitting from section forty-two the words
" f o u r hundred p o u n d s " and by inser t ing in lieu
thereof the words " o n e thousand p o u n d s " ; (c)
by omitting from section fifty-five the words " f o u r hundred p o u n d s " wherever occurr ing and by inser t ing in lieu thereof the words " o n e
thousand p o u n d s " ; (d) by omitting from section fifty-seven the words
" f o u r hundred p o u n d s " and by inser t ing in
lieu thereof the words " o n e thousand p o u n d s " ; (e) by omit t ing section fifty-eight.
4 . The P r inc ipa l Act is fu r ther amended—
(a)
by inserting next after section one hundred and thi r ty-one the following new Part :—-
P A R T I I I A .
J U R I S D I C T I O N I N E Q U I T Y .
131A. (1) A Dis t r ic t Cour t shall have and exercise all the powers and au thor i ty of the
Supreme
S u p r e m e Cour t in the actions or m a t t e r s here inaf ter mentioned, tha t is to say—
(a) for foreclosure or redemption of any mor tgage or for enforcing any charge or lien where the mor tgage , charge, or lien shall not exceed in amount the
sum of five hundred p o u n d s ; (b) for specific performance of or for the rectification, del ivering up, or cancelling of any agreement for the sale, pur chase, or lease of any p roper ty , where in the case of a sale or purchase the purchase money, or in the case of a lease the value of the p roper ty , shall not exceed the sum of five hundred p o u n d s ; (c) applications for an order under section
th ree of the T e s t a t o r ' s Fami ly Main tenance and Guard iansh ip of In fan ts Act, 1916, as amended by subsequent Acts , where the amount claimed does not exceed the sum of five hundred pounds ;
(d)
actions for relief against fraud or mistake in which the damage sustained or the estate or fund in respect of which relief is sought shall no t exceed in amount or value the sum of five
hundred p o u n d s ;
(e)
for the execution of any trust or for a declarat ion t h a t a t r u s t subsists, where the es ta te or fund subject or alleged to be subject to the t ru s t does not exceed in amount o r value the sum
of five hundred p o u n d s ; (f)
for the administration of the estate of a deceased person, where the es ta te does not exceed in amount or value the sum of five hundred pounds.
(2)
(2) I n all such actions or ma t t e r s t he judge shall, in addi t ion to the powers and author i t ies possessed by him, have all the powers and author i t ies , for the purposes of this Act, of the Chief J u d g e in Equi ty , and the r e g i s t r a r and bailiff respectively shall in all such actions or m a t t e r s discharge any duties which an officer of the Supreme Cour t can discharge, e i ther under the o rde r of the said Chief J u d g e in Equ i ty or under the pract ice of the Supreme Cour t in Equi ty , and all officers of the Dis t r ic t Cour ts shall, in d ischarging such duties , conform to any rules or orders made in t ha t behalf unde r this Act.
(3) If dur ing the p rogress of any action or m a t t e r under subsection one of this section i t shall be made to a p p e a r to the judge tha t the subject-mat ter exceeds the limit in point of amount or value to which the jur isdict ion of the court is therein limited, it shall not affect the val idi ty of any order a l ready made, but i t shall be the duty of the judge to direct the action o r m a t t e r to be t r ans fe r red to the Supreme Cour t in i ts equitable jurisdict ion, and the whole of t he procedure in the said action or m a t t e r when so t r ans fe r r ed shall be regula ted by the rules of the Supreme Court made under the Equ i ty Act, 1901, as amended by subsequent A c t s :
P rov ided always, tha t it shall be lawful for
any p a r t y to app ly to the Chief J u d g e in E q u i t y
a t chambers for an order author is ing and direct ing the action or m a t t e r to be car r ied on and prosecuted in the Dis t r ic t Court , notwith s tand ing such excess in the amount or value of the limit to which equitable jur isdict ion is given by subsection one of this sect ion; and the Chief J u d g e in Equi ty , if he shall deem it r ight t o summon the other par t i es , or any of them, to a p p e a r before him for t ha t purpose , a f te r hea r ing such par t i es , or on default of the appearance of all or any of them, shall have full power to make such order .
(4)
(4) W h e r e any action or m a t t e r is
pend ing in the Supreme Cour t in i ts equitable jur isdic t ion which might have been commenced in a Dis t r ic t Court unde r this Act, it shall be lawful for any of the par t ies there to to apply a t chambers to the Chief J u d g e in Equ i ty to have the same t r ans fe r red to the Dis t r ic t Cour t in which the same might have been commenced, and the Chief J u d g e in Equ i ty shall have power upon such application, or wi thout such applica tion, if he shall think fit, to make an order for such t ransfer , and thereupon such action or m a t t e r shall be car r ied on in the Dis t r ic t Court to which the same shall be ordered to be t r ans ferred, and the pa r t i e s there to shall have the same r igh t of appeal as they would have had if t he action or m a t t e r had been commenced in
such Distr ic t Court . (5) If du r ing the p rogress of any action o r m a t t e r under subsection one of th is section (not being an action or m a t t e r t r ans fe r red p u r s u a n t to subsection four of this section) it shall be made to appea r to the judge tha t for a n y sufficient reason the proceedings should be t r ans fe r red to the Supreme Court in i ts equitable jur isdict ion, then wi thout prejudice to the val idi ty of any order a l ready made the judge may direct the action or m a t t e r to be t r ans fe r red accordingly, and the whole of the procedure in the said action or m a t t e r when so t r ans fe r r ed shall be regula ted by the rules of
the Supreme Cour t made under the E q u i t y Act, 1901, as amended by subsequent Acts .
(b) by inserting next after subsection one of section seven the following new subsect ion:— (1A) Notwi ths tanding the provis ions of sub section one of this section—
(a)
proceedings which relate to the fore closure, redemption, recovery or sale of any mor tgage , charge, or lien on any lands , tenements , or heredi taments , shall be taken in the cour t for the
distr ict
dis t r ic t within which the lands , tene ments , or hered i taments , or any p a r t
thereof, a re s i tua ted ;
(b) proceedings unde r the T e s t a t o r ' s
F a m i l y Maintenance and Guard iansh ip
of In fan t s Act, 1 9 1 6 , as amended by subsequent Acts , p u r s u a n t to p a r a g r a p h (c) of subsection one of section 1 3 1 A of this Act and proceedings p u r s u a n t to p a r a g r a p h (f) of subsection one of section 1 3 1 A of this Act shall be taken in the cour t for the dis t r ic t within which the deceased person had his las t place of abode in New South Wales , or within which the executors o r admin i s t r a to r s , or any one of them, shall have their or his place of abode :
P rov ided tha t if dur ing the p rogress of any such proceedings it shall be made to appea r to the cour t tha t the same could be more con veniently hea rd in some other Dis t r ic t Cour t i t shall be competent for the cour t to t r ans fe r the same to such other court, and thereupon the proceedings shall be taken in such other cour t and the provis ions of section ten of t h i s Act
shall, muta t i s mutand is , apply there to .
(c)
by inser t ing af ter p a r a g r a p h (d) of section one hundred and forty-two the following word a n d
new p a r a g r a p h — " o r
(e) in any action or m a t t e r taken p u r s u a n t
to P a r t I I I A of th is Act in which the amount in issue exceeds ten p o u n d s " ;
(d) by inser t ing in section one af ter the m a t t e r
re la t ing to P a r t I I I the following new m a t t e r : —
P A R T I I I A . — J U R I S D I C T I O N I N E Q U I T Y — 131A.
5 . The Pr inc ipa l Act is fur ther amended:— (a) by omit t ing section one hundred and fo r ty ;
(b) by omitting from section one hundred and forty-
one the words " u n d e r ei ther of the two last preceding s e c t i o n s " and by inse r t ing in lieu thereof the words " u n d e r section one hundred
and thir ty-nine of this A c t " ; (c) by omitting section one hundred and forty-five and by inser t ing in lieu thereof the following sect ion:— 145. (1) Excep t as provided in this section a n appea l shall not opera te as a s tay of proceedings.
(2) (a ) A judge of the Dis t r ic t Court , on appl icat ion made within the prescr ibed time, may order tha t proceedings shall be s tayed d u r i n g the per iod within which an appea l may
be brought . (b) If, within such period, an appeal
is b rought and—
(i) when such order is made on the applica tion of the plaintiff, securi ty is given
to the sat isfaction of the r e g i s t r a r of the Dis t r ic t Cour t for such amount in respect of the defendant ' s costs of the action as may be assessed by the
r e g i s t r a r ; or (ii) when such order is made on the appli
cation of the defendant , securi ty is given to the sat isfaction of the r e g i s t r a r of the Dis t r ic t Court for the amount of the verdict and such amount in respect of the plaintiff 's costs of the action as
m a y be assessed by the r e g i s t r a r ; such
such s tay shall continue unt i l the appea l is disposed of or unt i l a judge of the Dis t r ic t Cour t otherwise orders .
(3) I n any appea l the Supreme Cour t m a y ei ther o rder a new t r ia l , on such t e rms a s it th inks fit, o r may order judgment to be entered for ei ther pa r ty , and make such o r d e r wi th respect to the costs of the said appeal a s such court m a y think p roper , and such o r d e r s shall be final.
(d) by omitting from section one hundred and
forty-eight the words " s i x y e a r s " wherever
appear ing , and by inser t ing in lieu thereof t he
words " o n e y e a r " ; (e) by omitting section one hundred and forty-nine and by inser t ing in lieu thereof the following sect ions:— 149. (1) I n any case not expressly provided for by this Act or by rules of court made there under , the pract ice and procedure for the t ime being of the Supreme Cour t shall be adopted a s
f a r as pract icable.
(2) Nothing in this section shall affect
the powers of a judge of the Dis t r ic t Cour t
unde r section nineteen of the Admin is t ra t ion of
Jus t i ce Act, 1924, as amended by subsequent Acts . 150. W h e r e by or under any Act or Common
wealth Act a r ight of appeal to a Dis t r ic t Cour t
is conferred, then, unless the con t r a ry intent ion appea r s , such appea l shall be hea rd and disposed
of by a judge s i t t ing wi thout a ju ry . 151. The Dis t r ic t Cour t judges shall—
(a)
assemble once at least every six months for the purpose of considering the operat ion of this Act and the rules of cour t for the t ime being in force, and also the working of the several Dis t r ic t Cour t offices, and the a r r a n g e m e n t s re la t ive to the dut ies of the officers of
t he
the Dis t r ic t Cour ts , and of enquir ing and examining into any defects which a p p e a r to exist in the system of p ro cedure or the adminis t ra t ion of the law in the said courts , and
(b) report, once at least every six months, to the At torney-Genera l what (if any) amendments it would, in thei r judg ment , be expedient to make in this Act, or in the rules of court , o r otherwise re la t ing to the adminis t ra t ion of justice in Dis t r ic t Cour ts , and what other provis ions (if any) which cannot be car r ied into effect wi thout the au thor i ty of Pa r l i amen t , i t would be expedient to make for the bet ter adminis t ra t ion of just ice in Dis t r ic t Cour ts .
152. (1) The Distr ic t Cour t judges or a ma jo r i ty of them shall have power, by rules of court , not inconsistent with this Act, to prescribe all m a t t e r s which by this Act a re required or pe rmi t t ed to be prescr ibed or which a r e neces s a r y or convenient to be prescr ibed for ca r ry ing out or giving effect to this Act and to revoke, amend or v a r y any such rules of court .
(2) Wi thou t l imit ing the genera l i ty of
the foregoing power rules of court may be made
of— with r ega rd to Distr ict Cour ts for and in respect (a) the practice of the courts and the forms
of proceedings the re in ; (b) the scales of fees and costs to be paid
to ba r r i s t e r s and a t t o r n e y s ; (c) the expenses to be pa id to wi tnesses ;
(d)
the court fees payable in any proceed ings under this Act re la t ing to the examinat ion of judgment debtors or
the a t tachment of deb t s ; (e)
(e)
the keeping of all books, entries, and accounts required to be kept by t he
r eg i s t r a r s and bailiffs; (f)
the a l te ra t ion of the number of days by or unde r this Act l imited for a n y purpose and the subst i tut ion of o the r
days the re fo r ; (g)
the regulation of the manner in which applicat ions or appeals to a cour t o r judge under any s ta tu te may be made , and the pract ice and procedure to be observed upon any such applicat ion o r appeal .
(3) All rules of cour t so made shall—
(a) af ter approva l by the At to rney-
General , be published in the Gaze t t e ;
(b) take effect from the date of publica t ion or from a l a te r da te to be specified
in such r u l e s ; and (c) be laid before both Houses of Parlia
men t within fourteen s i t t ing days af te r the publicat ion thereof if P a r l i a m e n t is in session, and if not, then within four teen s i t t ing days af ter the com mencement of the next session.
If e i ther House of P a r l i a m e n t passes a resolut ion of which notice has been given a t any t ime within fifteen
laid before such House disal lowing s i t t ing days af ter such rules have been any rule or p a r t thereof, such rule o r p a r t shall the reupon cease to have
effect.(4) Non-compliance with any of the rules of court shall no t r ender any proceeding void unless a judge so directs , bu t any such proceeding m a y be set aside, e i ther wholly or in p a r t as i r regu la r , or amended or otherwise deal t with in such manne r and upon such t e r m s (if any) as a p p e a r to the judge to be jus t .
(5)
(5) The genera l rules made under this Act and in force a t the commencement of the Dis t r ic t Cour ts (Amendment ) Act, 1949, shall continue in force and have the same force and effect as if the same were rules of cour t made under this section.
(f) by omitting from section three the words
" g e n e r a l r u l e s " and by inser t ing in lieu thereof
the words " r u l e s of c o u r t " ; (g)
by omitting from section sixty-four the words " b y genera l rules made under this A c t " ;
(h)
by omitting from section one the symbols "149" and by inser t ing in lieu thereof the symbols " 1 5 2 . "
| 6 . (1) The Pr inc ipa l Act | is fu r ther | amended | by |
| inse r t ing next after section one hundred and | th i r ty- three |
| the following new sect ion:— |
133A. (1) The questions of fact a r i s ing in any suit unde r the Matr imonia l Causes Act 1899, as amended by subsequent Acts , where—
(a) no appearance has been en te red ; and
(b) the registered office of the solicitor for the pet i t ioner is s i tuated outside the County of Cumberland, shall, unless cause to the con t ra ry be shown, be reduced into wr i t ing and remi t ted by the Supreme Cour t to be t r ied by a judge of a Dis t r ic t Cour t
wi thout a j u ry . (2) The powers of the Supreme Cour t under this section shall be exercised by the r e g i s t r a r of the mat r imonia l causes jur isdict ion or other officer of the said court set t l ing the issues, in p r iva te chambers , wi thout any motion being filed or moved.
(3) A t the t ime of set t l ing the issues, such r e g i s t r a r or other officer shall endorse thereon the Dis t r ic t Cour t at which the t r ia l is to be had, the da te of s i t t ing of such court the fact tha t the t r ia l is to
be
be without a ju ry , and such other ma t t e r as m a y to him a p p e a r p r o p e r for fixing the time, place and
mode of t r ia l , and the r e t u r n of the findings. (4) The endorsement so made shall have
the like effect as an order of the Supreme Court .
(5) The judge of the Dis t r ic t Cour t pres id
ing at the t r ia l shall have the same jur isdic t ion and au thor i ty as when s i t t ing a t the t r i a l of an action
in a Dis t r ic t Court . (6) The provis ions of th is section shall not
app ly to any suit—
(a) for res t i tu t ion of conjugal r i g h t s ; (b) in which damages are claimed;
(c) in which it appears on the record that the
pet i t ioner has commit ted adu l t e ry ; or (d) in which jurisdiction is derived from the
Mat r imonia l Causes Act 1945 of the Pa r l i a
men t of the Commonwealth of Aus t ra l ia .
(2) The Matr imonia l Causes Act 1899, as amended by subsequent Acts , is amended by inser t ing next af ter section ninety- three the following new section:—
93A. W h e r e quest ions of fact in any suit have been remi t ted for t r i a l p u r s u a n t to section 133A of the Dis t r ic t Cour ts Act, 1912-1949, the power, au thor i ty and jur isdict ion of the Supreme Cour t to pronounce a decree in, or to dismiss, such suit, and
all powers , author i t ies and jur isdic t ion incidental there to ( including m a t t e r s re la t ing to costs, custody
and access) shall be exercisable by the r eg i s t r a r or
any depu ty reg i s t r a r .
(3) The Mat r imonia l Causes Act 1899, as amended by subsequent Acts and by this Act, m a y be cited as the Mat r imonia l Causes Act, 1899-1949.
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