Local Courts Act Amendment Act 1930 (WA)

1930.] Local Courts. [No. 35.

LOCAL COURTS.

21° GEO. V., No. XXXV.

No. 35 of 1930.

AN ACT to amend the Local Courts Act, 1904.

[Assented to 22nd December, 1930.]

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

1.	This Act may be cited as the Local Courts Act Amend- short title and	commencement.
comm

meat Act, 1930, and shall come into operation on a date to be

fixed by proclamation.

2. Section three of the Local Courts Act, 1904 (herein- Amendment of a. 3.

after called the "principal Act") is hereby amended by the insertion in its appropriate place of a definition, as follows:-

" 'Judge' means a judge of the Supreme Court, and in- cludes any Commissioner appointed under the Supreme Court Act, 1880."

3.    Section thirty of the principal Act is hereby amended Amendment of e. 30.

by the substitution of the words "two hundred and fifty" for "one hundred," in the second and sixth lines of the section.

4. Sections thirty-one, thirty-two, fifty-nine, sixty, and Amendment of es. /, 32, 3 87. 59, G,

eighty-seven of the principal Act are hereby amended by the and

substitution of the words "two hundred and fifty" for the

words "one hundred" wherever occurring therein.

No. 35.] Local Courts. [1930.

Bap& of s. 70 and

substitution of new 5. Section seventy of the principal Act is hereby repealed,

section. and a new section is substituted therefor, as follows :--

Trial.	70. (I.) Save as in this Act is otherwise provided, all actions cognizable under this Act by a local court may be heard and determined in open court by and before a judge or the magistrate.
(2.) All proceedings other than actions cognizable in a local court shall be heard and determined by the magis- trate.

For the purpose of the hearing and determination of any action and of giving an effective judgment therein, a judge shall have and may exercise all such powers as by this Act are vested in the magistrate or court and as the judge deems it necessary to exercise, and references in the relative provisions of this Act (including section one hundred and fifty-six) to the magistrate or court shall be deemed to extend to and include a judge.

(3.)

All actions in any local court in which the amount or value of the claim exceeds one hundred pounds shall be heard and determined by a judge; but if both parties to any action to which this subsection applies agree by memorandum signed by them or by their solicitors that a magistrate may try the action, then such .magistrate shall have jurisdiction to hear and determine such action accordingly; provided that this subsection shall not apply to actions to which Part V. or Part VI. of this Act ap- plies.

(4.)

All actions in the local court at Perth, or sent for trial in such court, to which subsection (4) of this section applies, may be heard and determined by a judge, either in the place appointed for the holding of the sittings of such court or in the Supreme Court House in Perth.

(5.)

Subject to the last preceding subsection and to section sixty-one of this Act, any action, pending or pro- ceeding hi a local court which hi accordance with this section ought to be heard and determined by a judge, shall be heard and determined either in the place ap- pointed for the holding of the sittings of the said court, or in such other place being within the same magisterial district as the place aforesaid as the judge shall direct.

(6.)

Two or more sittings of any local court for the trial of actions may be held at the same time.

(7.)

1930.] Local Courts. [No. 35.

(8.)

The judge or magistrate shall, in all actions and

proceedings before him, determine all questions of law

or fact.

Every judgment given by a judge shall be deemed to be the judgment of the court, but the power of order- ing or permitting a new trial under section ninety in an action in which judgment has been delivered by a judge shall be exercised by a judge only.

(9.)

6.    Section eighty-six of the principal Act is hereby Amendment of u 86.

amended by the substitution of the words "forty" for the word "twenty," and of the words "one hundred" for the word "fifty," wherever occurring therein.

amended by the Act 64 Victorhe, No. 27, shall apply to any to Carry interest. 7. Section five of the Ordinance 6 Victoria-, No. 15, as Certain judgments

judgment in a local court, except where the amount of the debt, claim or demand allowed by the judgment does not ex- ceed one hundred pounds.

8. Section one hundred and seven. of the principal Act is Amendment of s. 107.

hereby amended by the insertion at the end of the first para-

graph of a proviso, as follows

"Provided that, except by leave of the Supreme Court Ct, No. 6 of 1003,

or a judge, no appeal shall be brought against any inter- locutory order or decision, and (except by such leave) no person snail be permitted to appeal against any final judgment, unless such judgment has been given or pro- nounced for or in respect of a sum or matter at issue amounting to or of the value of more than twenty pounds."

9.    Section one hundred and eleven of the principal Act is Amendment of

hereby amended by the insertion, after the word "power" in s'

the second line, of the words "to affirm, reverse, or modify

the judgment, order or other decision or determination

appealed from, and to give or make such judgment, order,

decision or determination as ought to have been given or

made in the first instance, and to review any finding of fact,

and."

10. The principal Act and its amendments (including this Citation ot principal IS Act and amend-

Act) may be cited as the Local Courts Act, 1904-1930. manta.