Small Claims Act (No 2) 1974 (ACT)

No. 42 of 1974

AN ORDINANCE

To amend the Small Claims Ordinance 1974.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this tenth day of October, 1974.

JOHN R. KERR Governor-General.

By His Excellency's Command,

LIONEL MURPHY

Attorney-General.

SMALL CLAIMS ORDINANCE (No. 2) 1974

1. (1) This Ordinance may be cited as the Small Claims Ordinance < 8

(No. 2) 1974.*

(2) The Small Claims Ordinance 1974f is in this Ordinance

referred to as the Principal Ordinance.

(3) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Small Claims Ordinances 1974.

2. Section 10 of the Principal Ordinance is amended by omitting r c

sub-section (7) and substituting the following sub-sections:—

t Ordinance No. 6, 1974.

deemed to have been given for the claimant and the pro­ ceedings shall continue for the purpose only of the assess­ ment by the Court of the amount for which the claimant is entitled to have judgment in the proceedings; and

" (7) Where the defendant in proceedings, not being an action for

nuisance—

(a)	fails to file a notice in accordance with Form 5 or Form 6 within the time limited by sub-section ( 1 ) ; or
(b)	after filing a notice in accordance with Form 6, informs the Clerk in writing that he no longer intends to defend the proceedings,

the Clerk shall endorse on the claim a note of the defendant's failure

or intention not to defend, and—

(c) if the proceedings are, or include, a claim for an unliquidated amount—interlocutory judgment shall be

* Notified in the Australian Government Gazette on i8 Oc tober 1974.

(d) in any other case—judgment shall be deemed to have been given for the claimant for the amount claimed.

" (8) Where—

(a)	by virtue of sub-section (7), interlocutory judgment is to be deemed to have been given in proceedings; and
(b)	the Court has assessed the amount for which the claimant is entitled to have judgment in the proceedings,

the Court shall give judgment for the claimant for that amount.".

3 . Section 19 of the Principal Ordinance is amended by inserting

after the word " Cour t " the words " (other than an interlocutory
judgment) ".

4 . Section 22 of the Principal Ordinance is amended by omitting from sub-section (1) the word " Judgment " and substituting the words " A judgment that has been given, or is to be deemed to have been given, under this Ordinance (other than an interlocutory judgment) ".

5. Section 33 of the Principal Ordinance is amended by inserting

in sub-section ( 1 ) , after the word " judgment ", the words " (other than
an interlocutory judgment) ".

6.   The Schedule to the Principal Ordinance is amended— (a) by omitting from Form 3 the words—

" the Court will enter judgment against you for the

amount claimed "
and substituting the words—

" the Court will deal with the proceedings without further

notice to you "; and

(b) by omitting from Form 4 the words— " judgment will be entered in your favour and you will

be notified "

and substituting the words—

" you will be notified of any further steps that you are

required to take in order to obtain judgment ".

7. (1) The Principal Ordinance, as amended by this Ordinance,

applies to, and in relation to—

(a)	proceedings instituted on or after the date of commence­ ment of this Ordinance; and
(b)	proceedings instituted before the date of commencement of this Ordinance, being proceedings that were pending on that date.

(2) The Principal Ordinance, as amended by this Ordinance, applies to, and in relation to, proceedings instituted before the date of commencement of this Ordinance as if—

(a)	the proceedings had been instituted in accordance with the Principal Ordinance as amended by this Ordinance; and
(b)	each step taken in the proceedings before the date of com­ mencement of this Ordinance had been taken in accordance with the Principal Ordinance as amended by this Ordinance.