District Courts and Small Debts Recovery (Amendment) Act 1961 (NSW)

DISTRICT COURTS AND SMALL DEBTS RECOVERY

(AMENDMENT) ACT.

Act No. 18, 1961.

An 'Act to make further provisions with respect to the jurisdiction of District Courts, and the jurisdiction, relating to the recovery of small debts, of courts of petty sessions; for these and other purposes to amend the District Courts Act, 1912-1958, and the Small Debts Recovery Act, 1912-1957; and for purposes connected therewith. [Assented to, 27th March, 1961.]

BE it enacted by the Queen's Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —

1.      (1) This Act may be cited as the "District Courts and

Small Debts Recovery (Amendment) Act, 1961."

(2) The District Courts Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the District Courts Act, 1912-1961.

(3) The Small Debts Recovery Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Small Debts Recovery Act, 1912-1961.

pounds; or

2. The District Courts Act, 1912, as amended by

subsequent Acts, is amended—

(a) by omitting from section thirty-nine the words "in

any case where the sum sued for does not exceed ten pounds" and by inserting in lieu thereof the following words : —

"in any case where—

(a) the sum sued for does not exceed ten

(b) the sum sued for exceeds ten pounds but does not exceed fifty pounds and the action was commenced by the issue of a default summons—unless the defendant filed a notice of the grounds of defence together with an affidavit verifying it.

Paragraph (b) of this subsection shall not operate to preclude fees to barristers and attorneys being allowed in any case where the action referred to in that para­ graph was commenced before the com­ mencement of that paragraph";

(b) by omitting from section sixty-four the word "here­ inafter" and by inserting in lieu thereof the words "in this Act";

(c) (i) by omitting from subsection one of section ninety the words "twenty pounds" and by inserting in lieu thereof the words "fifty pounds";

(ii)   by omitting from subsection three of the same section the words "twenty pounds" and by inserting in lieu thereof the words "fifty pounds";

(d)	by omitting from section ninety-one the words "four pounds" and by inserting in lieu thereof the words "ten pounds".
3. (1) The District Courts Act, 1912, as amended by

subsequent Acts, is further amended—

(a)	by omitting from paragraph (a) of subsection one of section forty-one the words "one thousand pounds" and by inserting in lieu thereof the words "three thousand pounds";
(b)	by omitting from section forty-two the words "one thousand pounds" and by inserting in lieu thereof the words "three thousand pounds";

(c)

(c)	by omitting from section fifty-five the words "one thousand pounds" wherever occurring and by inserting in lieu thereof the words "three thousand pounds";
(d)	by omitting from section fifty-seven the words "one thousand pounds" and by inserting in lieu thereof the words "three thousand pounds";
(e)	by omitting from section seventy-three the words "one thousand pounds" wherever occurring and by inserting in lieu thereof the words "three thousand pounds".

(2) The amendments made by subsection one of this section shall not apply in respect of proceedings commenced in a District Court on or after the twelfth day of July, one thousand nine hundred and fifty-five, and before the twelfth day of July, one thousand nine hundred and sixty-one.

(1) The Small Debts Recovery Act, 1912, as amended by subsequent Acts, is amended—

4.

(a)	by omitting from subsection two of section seven the words "fifty pounds" and by inserting in lieu thereof the words "one hundred and fifty pounds";
(b)	by inserting next after the same subsection the following new subsection : —

(2A) (a) Notwithstanding the provisions of

paragraph (a) or paragraph (c) of subsection one subsection two of this section, in any action under

of this section where the amount claimed exceeds

fifty pounds, the defendant, or any one of two or more defendants, may, within such time and in such manner as may be prescribed, give notice that he objects to the action being heard and determined in a court of petty sessions, and where that notice is given, the court shall order that the action be transferred to the District Court for the district within which the said court of petty sessions is situated.

(b) When an order is made under paragraph (a) of this subsection the registrar of the court of petty sessions in which the action was commenced shall forthwith transmit by post the whole record thereof, including the order for transfer, to the District Court for which the action was ordered to be transferred.

(c) After an action has been transferred to a District Court under this subsection all proceedings therein shall, subject to any rules of court made under the District Courts Act, 1912, as amended by subsequent Acts, be taken in that Court as if the action had been originally commenced therein.

(2) This section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.