Statutes Amendment (New Rules of Civil Procedure) Act 2006 (SA)

South Australia

Statutes Amendment (New Rules of Civil Procedure) Act 2006

An Act to amend the Supreme Court Act 1935, the District Court Act 1991 and the Magistrates Court Act 1991 to make certain procedural changes, and changes in terminology, that have become desirable in the light of the proposed new rules of civil procedure for the Supreme Court and the District Court; and to make related amendments to various other Acts.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (New Rules of Civil Procedure) Act 2006.

2—Commencement

(1)
This Act will come into operation on a day to be fixed by proclamation.
(2)
Section 7(5) of the Acts Interpretation Act 1915 does not apply in relation to the commencement of this Act or any provision of this Act.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Supreme Court Act 1935

4—Amendment of section 5—Interpretation

(1)
Section 5(1), definition of petitioner—delete the definition
(2)
Section 5(1), definition of plaintiff—delete the definition and substitute:
plaintiff means a person who brings any form of proceeding in the court (other than an appeal)—
(a)
asserting a right to any form of relief against another; or
(b)
asking the court to exercise a power or discretion,
and includes a defendant making a claim against another by way of counterclaim or third-party claim;
(3)
Section 5(1), definition of pleading—delete "petition or"

5—Amendment of section 21—Equities of plaintiff

Section 21—delete "or petitioner" wherever occurring

6—Amendment of section 22—Equitable defences

Section 22—delete "or petitioner" wherever occurring
7—Amendment of section 23—Counter-claims and third parties
Section 23(1)(a)—delete "or petitioner" wherever occurring

8—Amendment of section 39—Vexatious proceedings

Section 39(1)(a)—delete "leave" and substitute:
permission
9—Amendment of section 48—Jurisdiction of Full Court, single judge and master
(1)
Section 48(2)(a)(i)—delete "motions" and substitute:
applications
(2)
Section 48(2)(a)(iv)—delete "special cases and points and"
10—Amendment of section 49—Questions of law reserved for Full Court
Section 49(1)—delete subsection (1) and substitute:
(1)
The court constituted of a single judge or a master may reserve a question of law for the consideration of the Full Court.

11—Substitution of section 50

Section 50—delete the section and substitute:
50—Appeals
(1)
Subject to this section—
(a)
an appeal lies to the Full Court against a judgment of the court constituted of a single judge; and
(b)
an appeal lies against a judgment of the court constituted of a master.
(2)
An appeal against a judgment of a master lies, if the rules so provide, to the Full Court and otherwise to the court constituted of a single judge.
(3)
No appeal lies against—
(a)
an order allowing an extension of time to appeal from a judgment; or
(b)
an order giving unconditional permission to defend an action; or
(c)
a judgment that is, by statute, under the rules, or by agreement of the parties, final and without appeal.
(4)
An appeal lies only with the permission of the court—
(a)
from a judgment of any of the following classes:
(i)
a judgment given by consent of the parties;
(ii)
a judgment given by a single judge on appeal from a judgment of the Magistrates Court; or
(b)
if the rules provide that the appeal lies by permission of the court.
(5)
The rules cannot, however, require the court's permission for an appeal if the judgment under appeal—
(a)
denies, or imposes conditions on, a right to defend an action; or
(b)
deals with the liberty of the subject or the custody of an infant; or
(c)
grants or refuses relief in the nature of an injunction or the appointment of a receiver; or
(d)
is a declaration of liability or a final assessment of damages under section 30B; or
(e)
makes a final determination of a substantive right.
Exception—
If a judgment is given by a single judge on appeal from some other court or tribunal, the rules may require the court's permission for a further appeal to the Full Court even though the judgment makes a final determination of a substantive right.
(6)
In this section—
judgment includes—
(a)
an order or direction; and
(b)
a decision not to make an order or direction.

12—Repeal of section 51

Section 51—delete the section
13—Amendment of section 62E—Reference of matters involving question of valuation
Section 62E(1)—delete "of his own motion" and substitute:
on his or her own initiative

14—Amendment of section 72—Rules of court

Section 72(1)—after paragraph (e) insert:
(ea)
for empowering the court—
(i)
to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the court; and
(ii)
to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and
(iii)
if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party;
15—Amendment of section 117—Orders to bring prisoners for examination
Section 117(1)—delete "or special referee"

Part 3—Amendment of District Court Act 1991

16—Amendment of section 43—Right of appeal

Section 43(3)—delete subsection (3) and substitute:
(3)
The appeal lies as of right, or by permission, according to the rules of the appellate court but, in the case of an appeal against a final judgment of the Court in its Administrative and Disciplinary Division, permission is required to appeal on a question of fact.

17—Amendment of section 51—Rules of Court

Section 51(1)—after paragraph (d) insert:
(da)
empowering the Court—
(i)
to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the Court; and
(ii)
to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and
(iii)
if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party; and

Part 4—Amendment of Magistrates Court Act 1991

18—Amendment of section 40—Right of appeal

Section 40(2)—delete "by leave" and substitute:
with the permission

19—Amendment of section 49—Rules of Court

Section 49(1)—after paragraph (d) insert:
(da)
empowering the Court—
(i)
to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the Court; and
(ii)
to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and
(iii)
if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party; and

Part 5—Amendment of Administration and Probate Act 1919
20—Amendment of section 18—Administration guarantees may be required before administration sealed
(1)
Section 18(7)—delete "leave" and substitute:
permission
(2)
Section 18(11)—delete "ex parte" and substitute:
without notice to any other interested person
21—Amendment of section 25—Order to produce any instrument purporting to be testamentary
(1)
Section 25(1)—delete "on motion or petition, or otherwise, in a summary way,"
(2)
Section 25(4)—delete "motion, petition, or other"
22—Amendment of section 31—Administration guarantees
(1)
Section 31(7)—delete "leave" and substitute:
permission
(2)
Section 31(11)—delete "ex parte" and substitute:
without notice to any other interested person
23—Amendment of section 39—On return of original executor or administrator, special administration to be rescinded
(1)
Section 39(1)—delete ", by petition,"
(2)
Section 39(2)—delete "the hearing of such petition, upon"
24—Amendment of section 47—Court may make special orders as to management of undevised lands
Section 47—delete "upon the petition" and substitute:
on the application
25—Amendment of section 56A—Court may order delivery of statement and account
Section 56A—delete "of its own motion" and substitute:
on its own initiative
26—Amendment of section 60—Filing of declaration that estate insufficient to pay debts
(1)
Section 60(5)—delete "ex parte or otherwise" and substitute:
with or without notice
(2)
Section 60(5)—delete "leave" and substitute:
permission
27—Amendment of section 63—Court may order sale of infant's property
Section 63—delete "by petition, summons, or otherwise"
28—Amendment of section 64—Court may give permission to postpone realisation or carry on business
(1)
Section 64(1)—delete "leave" and substitute:
permission
(2)
Section 64(2)—delete "in pursuance of leave" and substitute:
in accordance with permission
(3)
Section 64(3)—delete "ex parte" and substitute:
without notice
29—Amendment of section 67—Judge may dispense wholly or partially with compliance with section 65
Section 67(3)—delete "ex parte" and substitute:
without notice to any interested party
30—Amendment of section 69—Public trustee and other persons may obtain judicial advice or direction
(1)
Section 69(2)—delete "ex parte" and substitute:
without notice to
(2)
Section 69(6)—after "question" insert:
of law
(3)
Section 69(6)—delete "by way of special case"

Part 6—Amendment of Aged and Infirm Persons' Property Act 1940
31—Amendment of section 6—Procedure where case not provided for
Section 6(2)—delete "ex parte" and substitute:
without notice to any other party
32—Amendment of section 8A—Protection order on court's own initiative
Section 8A(1)—delete "of its own motion" and substitute:
on its own initiative

33—Amendment of section 22—Proceedings

(1)
Section 22(1)—delete "motion" and substitute:
initiative
(2)
Section 22(1)—delete "at the suit" and substitute:
on the application
34—Amendment of section 24—Application to court by Public Trustee
(1)
Section 24(1)—delete "ex parte"
(2)
Section 24(3)—delete "ex parte"
35—Amendment of section 33—Application for order to perpetuate testimony
Section 33(2)—delete "ex parte" and substitute:
without notice to any other person
36—Amendment of section 34—Attendance at examination
(1)
Section 34(1)—delete "by leave" and substitute:
with the permission
(2)
Section 34(2)—delete "by leave" wherever occurring and substitute in each case:
with the permission
37—Amendment of section 36—Discontinuance of proceedings
Section 36—delete "by leave" and substitute:
with permission
38—Amendment of section 39—Deposit of depositions and will or codicil
(1)
Section 39(2)—delete "by leave" and substitute:
with the permission
(2)
Section 39(2)—delete "by the special leave" and substitute:
with the permission
(3)
Section 39(3)—delete "by leave" and substitute:
with the permission

Part 7—Amendment of Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
39—Amendment of section 20—Mining operations on the lands
(1)
Section 20(12)(b)—delete paragraph (b) and substitute:
(b)
may refer a question of law for the opinion of the Full Court of the Supreme Court.
(2)
Section 20(13)—delete subsection (13)

Part 8—Amendment of ASER (Restructure) Act 1997

40—Amendment of section 25—Appointment of administrator
Section 25(5)—delete "by leave" and substitute:
with the permission

Part 9—Amendment of Associations Incorporation Act 1985
41—Amendment of section 41—Winding up of incorporated associations
Section 41(5)—delete "leave" and substitute:
permission
42—Amendment of section 61—Oppressive or unreasonable acts
Section 61(13)—delete "leave" and substitute:
permission

Part 10—Amendment of Authorised Betting Operations Act 2000
43—Amendment of section 78—Finality of Authority's decisions
(1)
Section 78(1)(c)—delete "by leave" and substitute:
with the permission
(2)
Section 78(3)—delete "leave" and substitute:
permission

44—Amendment of section 85—Reasons for decision

Section 85(2)—delete "by leave" and substitute:
with permission

Part 11—Amendment of Bail Act 1985

45—Amendment of section 6—Nature of bail agreement
Section 6(4)—delete "of its own motion" and substitute:
on its own initiative
46—Amendment of section 15A—Review of magistrate's decision by Supreme Court
Section 15A(3)—delete "leave" and substitute:
the permission

47—Amendment of section 19—Estreatment

(1)
Section 19(1)—delete "of its own motion" and substitute:
on its own initiative
(2)
Section 19(3)—delete "of its own motion" and substitute:
on its own initiative

Part 12—Amendment of Business Names Act 1996

48—Amendment of section 17—Certain convicted offenders not to use business names
(1)
Section 17(1)(g)—delete "leave" and substitute:
the permission
(2)
Section 17(2)—delete "leave" and substitute:
the permission
(3)
Section 17(4)—delete "leave" and substitute:
permission
49—Amendment of section 26—Power of court to require compliance with Act
Section 26(1)—delete "suit or" wherever occurring

Part 13—Amendment of Casino Act 1997

50—Amendment of section 66—Finality of Authority's decisions
(1)
Section 66(1)(b)—delete "by leave" and substitute:
with the permission
(2)
Section 66(2)—delete "leave" and substitute:
permission

51—Amendment of section 68—Reasons for decision

Section 68(2), exception—delete "by leave" and substitute:
with permission

Part 14—Amendment of Child Protection Review (Powers and Immunities) Act 2002
52—Amendment of section 5—Confidentiality and disclosure of information
(1)
Section 5(4)(a)—delete "leave" and substitute:
the permission
(2)
Section 5(4)(b)—delete "leave" and substitute:
permission
(3)
Section 5(5)—delete "leave" and substitute:
permission
(4)
Section 5(6)—delete "leave" and substitute:
permission

Part 15—Amendment of Children's Protection Act 1993
53—Amendment of section 13—Confidentiality of notification of abuse or neglect
(1)
Section 13(3)(a)—delete "leave" and substitute:
the permission
(2)
Section 13(3)(b)—delete "leave" and substitute:
permission
(3)
Section 13(4)—delete "leave" and substitute:
permission
(4)
Section 13(5)—delete "leave" and substitute:
permission

Part 16—Amendment of Commercial Arbitration Act 1986
54—Amendment of section 3—Repeal, transitional and application provisions
Section 3(6)—delete subsection (6) and substitute:
(6)
If a court refers a matter to arbitration, the court may direct that this Act is to apply to the arbitration (either with or without exclusions or modifications specified by the court) and, in the absence of such a direction, this Act will not apply.
(7)
This Act does not apply to—
(a)
an arbitration under the Fair Work Act 1994; or
(b)
an arbitration or class of arbitrations prescribed by the regulations as an arbitration, or class of arbitrations, to which this Act does not apply.

55—Amendment of section 4—Interpretation

Section 4(1), definition of the Court, (c)—delete paragraph (c) and substitute:
(c)
if—
(i)
the dispute referred or sought to be referred to arbitration would, but for the arbitration agreement, be justiciable by the Magistrates Court; or
(ii)
the parties have (either in the arbitration agreement or some collateral agreement) agreed that the Magistrates Court should have jurisdiction in relation to matters arising under the arbitration agreement,
the Magistrates Court;

56—Amendment of section 33—Enforcement of award

(1)
Section 33—delete "by leave" and substitute:
with the permission
(2)
Section 33—delete "leave" second occurring and substitute:
permission
57—Amendment of section 38—Judicial review of awards
(1)
Section 38(4)(b)—delete "leave" and substitute:
permission
(2)
Section 38(5)—delete "leave" and substitute:
permission
(3)
Section 38(6)—delete "leave which it grants" and substitute:
permission granted
58—Amendment of section 39—Determination of preliminary point of law by Supreme Court
Section 39(2)(b)—delete "leave" and substitute:
permission
59—Amendment of section 40—Exclusion agreements affecting rights under sections 38 and 39
Section 40(1)(a)—delete "grant leave" and substitute:
give permission
60—Amendment of section 53—Relationship between judicial and arbitral powers
(1)
Section 53(1)(c)(ii)—delete "by leave" and substitute:
with the permission
(2)
Section 53(2)(c)(ii)—delete "by leave" and substitute:
with the permission

61—Repeal of Schedule

Schedule—delete the Schedule

Part 17—Amendment of Commission of Inquiry (Children in State Care) Act 2004
62—Amendment of section 15—Further provision relating to mandatory notification
(1)
Section 15(1)(a)—delete "leave" and substitute:
the permission
(2)
Section 15(1)(b)—delete "leave" and substitute:
permission
(3)
Section 15(2)—delete "leave" and substitute:
permission
(4)
Section 15(3)—delete "leave" and substitute:
permission

Part 18—Amendment of Community Titles Act 1996

63—Amendment of section 142—Resolution of disputes etc
Section 142(3)—delete "leave" and substitute:
the permission

64—Amendment of Schedule—Transitional provisions

Schedule, clause 3(4)(b)—delete "leave" and substitute:
permission

Part 19—Amendment of Co-operatives Act 1997

65—Amendment of section 92—Changes to rules

Section 92(b)—delete "leave" and substitute:
permission
66—Amendment of section 94—Bringing, or intervening in, proceedings on behalf of a co-operative
Section 94(1)(c)—delete "leave" and substitute:
permission
67—Amendment of section 95—Applying for and granting permission
(1)
Section 95(1)—delete "leave" and substitute:
permission
(2)
Section 95(2)—delete "leave" wherever occurring and substitute in each case:
permission
68—Amendment of section 96—Substitution of another person for the person granted permission
(1)
Section 96(1)—delete "leave" and substitute:
permission
(2)
Section 96(4)(a)—delete "leave" and substitute:
permission
69—Amendment of section 97—Effect of ratification by members
(1)
Section 97(1)—delete "leave" wherever occurring and substitute in each case:
permission
(2)
Section 97(2)—delete "leave" wherever occurring and substitute in each case:
permission
70—Amendment of section 98—Permission to continue, compromise or settle proceedings brought, or intervened in, with permission
Section 98—delete "leave" wherever occurring and substitute in each case:
permission
71—Amendment of section 99—General powers of Supreme Court
Section 99(1)—delete "leave" wherever occurring and substitute in each case:
permission
72—Amendment of section 100—Power of Supreme Court to make costs order
Section 100—delete "leave" wherever occurring and substitute in each case:
permission

73—Amendment of section 209—Disqualified persons

(1)
Section 209(1)(b)—delete "leave" and substitute:
permission
(2)
Section 209(2)(a)—delete "leave" and substitute:
the permission
(3)
Section 209(4)—delete "leave" and substitute:
the permission
(4)
Section 209(5)—delete "leave" and substitute:
permission
(5)
Section 209(6)—delete "leave" and substitute:
permission
(6)
Section 209(7)—delete "leave" and substitute:
permission

74—Amendment of section 325—Stay of proceedings

(1)
Section 325(1)—delete "leave" wherever occurring and substitute in each case:
permission
(2)
Section 325(2)—delete "leave" and substitute:
the permission
75—Amendment of section 338—Persons disqualified from administering compromise
Section 338(1)—delete "leave" and substitute:
permission
76—Amendment of section 342—Power of Supreme Court to restrain further proceedings
Section 342(1)—delete "by leave" and substitute:
with the permission
77—Amendment of Schedule 3—Registration etc of charges
(1)
Schedule 3, Part 2, Division 5, clause 33(1)(b)—delete "leave" and substitute:
permission
(2)
Schedule 3, Part 2, Division 5, clause 34—delete "leave" and substitute:
permission
78—Amendment of Schedule 4—Receivers, and other controllers, of property of co-operatives

(1)
Schedule 4, clause 13(3)—delete "of its own motion" and substitute:
on its own initiative
(2)
Schedule 4, clause 27(5)—delete "leave" and substitute:
permission

Part 20—Amendment of Correctional Services Act 1982
79—Amendment of section 45—Procedure at inquiries under this Division
Section 45(b)—delete "ex parte" and substitute:
in the prisoner's absence

Part 21—Amendment of Criminal Assets Confiscation Act 2005
80—Amendment of section 36—Application to exclude property from a restraining order after notice of the order
Section 36—delete "leave" wherever occurring and substitute in each case:
permission

81—Amendment of section 40—Ancillary orders

Section 40(2)(d)—delete "leave" and substitute:
permission
82—Amendment of section 49—Additional application for a forfeiture order
Section 49—delete "leave" wherever occurring and substitute in each case:
permission
83—Amendment of section 60—Applying for exclusion orders
(1)
Section 60(2)—delete "leave" and substitute:
the permission
(2)
Section 60(3)—delete "leave" wherever occurring and substitute in each case:
permission
84—Amendment of section 62—Applying for compensation orders
Section 62—delete "leave" wherever occurring and substitute in each case:
permission
85—Amendment of section 80—Applying for orders under sections 78 and 79
Section 80—delete "leave" wherever occurring and substitute in each case:
permission
86—Amendment of section 91—When the Crown can begin dealing with property specified in a forfeiture order
Section 91(2)—delete "leave" and substitute:
permission
87—Amendment of section 92—When the Crown can begin dealing with property forfeited under section 74
Section 92(3)—delete "leave" and substitute:
permission
88—Amendment of section 96—Additional application for a pecuniary penalty order
Section 96—delete "leave" wherever occurring and substitute in each case:
permission

Part 22—Amendment of Criminal Law Consolidation Act 1935
89—Amendment of section 246—Confidentiality of jury deliberations and identities
Section 246(8)(a)—delete "leave" and substitute:
permission

90—Amendment of section 269Y—Appeals

Section 269Y(3)—delete "by leave" and substitute:
with the permission
91—Amendment of section 281—Objections to informations, amendments and postponement of trial
Section 281(1)—delete "thereof shall be taken by demurrer, or motion" and substitute:
of the information must be made by application
92—Amendment of section 285C—Notice of certain evidence to be given
(1)
Section 285C(5)—delete "by leave" and substitute:
with the permission
(2)
Section 285C(6)—delete "Leave" and substitute:
Permission
(3)
Section 285C(6)—delete "leave" and substitute:
permission

93—Substitution of heading to Part 11

Heading to Part 11—delete the heading and substitute:
Part 11—Appellate proceedings

94—Substitution of section 350

Section 350—delete the section and substitute:
350—Reservation of relevant questions
(1)
In this section—
relevant question means a question of law and includes a question about how a judicial discretion should be exercised or whether a judicial discretion has been properly exercised.
(2)
A court by which a person has been, is being or is to be tried or sentenced for an indictable offence may reserve for consideration and determination by the Full Court a relevant question on an issue—
(a)
antecedent to trial; or
(b)
relevant to the trial or sentencing of the defendant,
and the court may (if necessary) stay the proceedings until the question has been determined by the Full Court.
(3)
Unless required to do so by the Full Court, a court must not reserve a question for consideration and determination by the Full Court if reservation of the question would unduly delay the trial or sentencing of the defendant.
(4)
A court before which a person has been tried and acquitted of an offence must, on application by the Attorney-General or the Director of Public Prosecutions, reserve a question antecedent to the trial, or arising in the course of the trial, for consideration and determination by the Full Court.
(5)
The Full Court may, on application under subsection (6), require a court to refer a relevant question to it for consideration and determination.
(6)
An application for an order under subsection (5) may be made by—
(a)
the Attorney-General or the Director of Public Prosecutions; or
(b)
a person who—
(i)
has applied unsuccessfully to the primary court to have the question referred for consideration and determination by the Full Court; and
(ii)
has obtained the permission of the primary court or the Supreme Court to make the application.
(7)
If a person is convicted, and a question relevant to the trial or sentencing is reserved for consideration and determination by the Full Court, the primary court or the Supreme Court may release the person on bail on conditions the court considers appropriate.
95—Amendment of section 352—Right of appeal in criminal cases
(1)
Section 352(1)—delete "leave" wherever occurring and substitute in each case:
permission
(2)
Section 352(2)—delete subsection (2)
96—Amendment of section 355—Revesting and restitution of property on conviction
Section 355(1)(b)—delete "leave" and substitute:
permission

97—Amendment of section 357—Appeal to Full Court

Section 357(1)—delete "leave" and substitute:
permission
98—Amendment of section 361—Right of appellant to be present
Section 361(1)—delete "leave" wherever occurring and substitute in each case:
permission
99—Amendment of section 364—Admission of appellant to bail and custody when attending Court
Section 364(4)—delete "case is stated" and substitute:
question is reserved
100—Amendment of section 366—Notes of evidence on trial
Section 366(1)—delete "leave" and substitute:
permission
101—Amendment of section 367—Powers that may be exercised by a judge of the Court
Section 367—delete "leave" wherever occurring and substitute in each case:
permission

Part 23—Amendment of Criminal Law (Sentencing) Act 1988
102—Amendment of section 70I—Court may remit or reduce pecuniary sum or make substitute orders
Section 70I(2)—delete "of its own motion" and substitute:
on its own initiative

Part 24—Amendment of Crown Proceedings Act 1992

103—Amendment of section 9—Right of Attorney-General to appear in proceedings
Section 9(2)(c)—delete "leave" and substitute:
permission
104—Amendment of section 14—Permission to issue certain subpoenas etc
(1)
Section 14(1)—delete "leave" and substitute:
permission
(2)
Section 14(2)—delete "Leave" and substitute:
Permission
(3)
Section 14(3)—delete "leave" and substitute:
permission

Part 25—Amendment of Crown Rates and Taxes Recovery Act 1945
105—Amendment of section 14—Application of purchase money
Section 14—delete "petition, claim, suit, or" wherever occurring

Part 26—Amendment of Dental Practice Act 2001

106—Amendment of section 63—Powers of Tribunal

(1)
Section 63(5)—delete "(either ex parte or on notice)"
(2)
Section 63—after subsection (5) insert:
(5a)
The Supreme Court may require that notice be given of an application under subsection (5) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).

Part 27—Amendment of Development Act 1993

107—Amendment of section 85—Applications to Court

(1)
Section 85(4)—delete "ex parte" and substitute:
without notice to any person
(2)
Section 85(4)—delete "leave" and substitute:
permission
(3)
Section 85(11)(a)—delete "an ex parte application" and substitute:
an application without notice to any person

Part 28—Amendment of Domestic Violence Act 1994

108—Amendment of section 12—Variation or revocation of domestic violence restraining order
Section 12(1a)—delete "leave" wherever occurring and substitute in each case:
permission
109—Amendment of section 16—Complaints or applications on behalf of child
Section 16(a)—delete "leave" and substitute:
permission

Part 29—Amendment of Environment Protection Act 1993

110—Amendment of section 104—Civil remedies

(1)
Section 104(7)(c)—delete "leave" and substitute:
permission
(2)
Section 104(8)—delete "leave" and substitute:
permission
(3)
Section 104(11)—delete "ex parte" and substitute:
without notice to any person
(4)
Section 104(11)—delete "leave" and substitute:
permission
(5)
Section 104(14)(a)—delete "ex parte application" and substitute:
application without notice to any person

Part 30—Amendment of Environment, Resources and Development Court Act 1993

111—Amendment of section 17—Parties

Section 17(3)—delete "ex parte application" and substitute:
application without notice to any person

112—Amendment of section 30—Right of appeal

Section 30(2)—delete "by leave" and substitute:
with permission

Part 31—Amendment of Evidence Act 1929

113—Amendment of section 27—How far a party may discredit his or her own witness
Section 27(b)—delete "by leave" and substitute:
with the permission
114—Amendment of section 34I—Evidence in sexual cases
(1)
Section 34I(1)(b)—delete "leave" and substitute:
permission
(2)
Section 34I(2)—delete "leave" wherever occurring and substitute in each case:
permission
(3)
Section 34I(3)—delete "Leave" and substitute:
Permission
(4)
Section 34I(4)—delete "leave" and substitute:
permission
115—Amendment of section 34K—Admissibility of depositions at trial
(1)
Section 34K(1)—delete "by leave" and substitute:
with the permission
(2)
Section 34K(2)—delete "Leave" and substitute:
Permission
116—Amendment of section 60—Sufficiency of notice of action
Section 60—delete ", suit,"
117—Amendment of section 67F—Evidence of protected communications
(1)
Section 67F(1)(b)(i)—delete "leave" and substitute:
permission
(2)
Section 67F(2)—delete "leave" wherever occurring and substitute in each case:
permission
(3)
Section 67F(5)—delete "leave" and substitute:
permission
(4)
Section 67F(7)—delete "leave" and substitute:
permission
(5)
Section 67F(8)—delete "leave" and substitute:
permission

118—Amendment of section 69A—Suppression orders

(1)
Section 69A(5)(a)—delete "by leave" and substitute:
with the permission
(2)
Section 69A(9)—delete "by leave" and substitute:
with the permission

Part 32—Amendment of Fair Trading Act 1987

119—Amendment of section 86—Sequestration orders

Section 86(3)—delete "ex parte application" and substitute:
application without notice to the person

120—Amendment of section 88—Defences

Section 88(3)—delete "leave" and substitute:
permission

Part 33—Amendment of Fair Work Act 1994

121—Amendment of section 153—Intervention

Section 153(2)—delete "leave" and substitute:
permission

122—Amendment of section 171—Service

Section 171(3)—delete "by leave" and substitute:
with the permission
123—Amendment of section 191—Appeal to Supreme Court
(1)
Section 191(1)(b)—delete "leave" and substitute:
permission
(2)
Section 191(4)—delete "leave" wherever occurring and substitute in each case:
permission
124—Amendment of section 203—Representation at voluntary or compulsory conference
(1)
Section 203(1)—delete "by leave" and substitute:
with the permission
(2)
Section 203(2)—delete "leave" wherever occurring and substitute in each case:
permission
(3)
Section 203(3)—delete "Leave" and substitute:
Permission
(4)
Section 203(3)—delete "leave" wherever occurring and substitute in each case:
permission

125—Amendment of section 207—Right of appeal

(1)
Section 207(2)—delete "by leave" wherever occurring and substitute in each case:
with the permission
(2)
Section 207(3)—delete "leave" and substitute:
permission
(3)
Section 207(4)(b)—delete "leave" and substitute:
permission

Part 34—Amendment of Family and Community Services Act 1972
126—Amendment of section 112—Provision for blood tests
Section 112(13)—delete "of its own motion" and substitute:
on its own initiative
127—Amendment of section 157—Attachment may be pleaded
Section 157(2)—delete ", suit,"

Part 35—Amendment of Food Act 2001

128—Amendment of section 104—Power of court to order further analysis
Section 104(1)—delete "motion" and substitute:
initiative

Part 36—Amendment of Foreign Judgments Act 1971

129—Amendment of section 7—Registration of judgment
Section 7(6)—delete "ex parte" and substitute:
without notice to any person

Part 37—Amendment of Freedom of Information Act 1991
130—Amendment of section 40—Appeal to District Court
Section 40(1)—delete "by leave" and substitute:
with the permission

Part 38—Amendment of Guardianship and Administration Act 1993
131—Amendment of section 14—Powers and procedures of Board
Section 14(9)(c)—delete "leave" and substitute:
permission
132—Amendment of section 39—Powers and duties of administrator
Section 39(2)(j)—delete ", suit" wherever occurring

133—Substitution of heading to Part 6

Heading to Part 6—delete the heading and substitute:
Part 6—Appeals and references of questions of law

134—Substitution of heading to Part 6 Division 1

Heading to Part 6 Division 1—delete the heading and substitute:
Division 1—Review of Registrar's decisions and references of questions of law
135—Amendment of section 65—Question of law may be referred to Supreme Court
Section 65—delete "state a case on" and substitute:
refer
136—Amendment of section 67—Appeal from decisions of Board
(1)
Section 67(1)(g)—delete "leave" and substitute:
permission
(2)
Section 67(3)—delete "leave" wherever occurring and substitute in each case:
permission
(3)
Section 67(7)—delete "leave" and substitute:
permission
(4)
Section 67(12)(b)—delete "leave" and substitute:
permission
137—Amendment of section 70—Appeals from decisions of ADD
(1)
Section 70(1)—delete "leave" and substitute:
permission
(2)
Section 70(2)(a)—delete "leave" and substitute:
permission
138—Amendment of section 71—Method of conducting appeal
Section 71—delete "leave" and substitute:
permission
139—Amendment of section 73—Representation on appeals
Section 73(1)—delete "leave" and substitute:
permission
140—Amendment of section 74—Board may give advice, direction or approval
Section 74(2)(b)—delete "ex parte" and substitute:
in the absence of any person who may be affected by the Board's decision

Part 39—Amendment of Heritage Places Act 1993

141—Amendment of section 38A—ERD Court orders

Section 38A(6)(c)—delete "leave" and substitute:
permission

Part 40—Amendment of Housing Improvement Act 1940

142—Amendment of section 71—Dispossession of occupiers failing to vacate premises when required to do so
Section 71—delete "ex parte" and substitute:
in the absence of the occupier

Part 41—Amendment of Juries Act 1927

143—Amendment of section 60A—Jury may consist of men or women only
Section 60A(2)—delete "of its own motion" and substitute:
on its own initiative

Part 42—Amendment of Jurisdiction of Courts (Cross-vesting) Act 1987
144—Amendment of section 5—Transfer of proceedings
Section 5(7)—delete "of its own motion" and substitute:
on its own initiative
145—Amendment of section 8—Orders by Supreme Court
Section 8(1)—delete "of its own motion" and substitute:
on its own initiative
146—Amendment of section 10—Transfer of matters arising under Division 1 or 1A of Part V of Trade Practices Act (Commonwealth)
Section 10—delete "of its own motion" and substitute:
on its own initiative

Part 43—Amendment of Landlord and Tenant Act 1936

147—Amendment of section 9—Relief against forfeiture for non-payment of rent
Section 9(1)—delete "motion or"
148—Amendment of section 21—Duty of landlord after being served with declaration
Section 21—delete "at the suit" and substitute:
on the application
149—Amendment of section 32—Distress may be secured and sold on premises
Section 32(3)—delete "of suit"
150—Amendment of section 37—Double damages against wrongful distrainer
Section 37—delete "of suit"
151—Amendment of section 39—Damages or pound breach or rescue
Section 39—delete "of suit"

Part 44—Amendment of Law of Property Act 1936

152—Amendment of section 49—Conveyance on sale

Section 49(2)(c)—delete "leave" and substitute:
permission
153—Amendment of section 66—Right of recovering apportioned parts
Section 66—delete "suit"
154—Amendment of section 114—Power of Court to sell interest of Crown in real estate
Section 114(1)—delete ", ex parte or otherwise,"

Part 45—Amendment of Legal Practitioners Act 1981

155—Amendment of section 84—Powers of Tribunal

(1)
Section 84(5)—delete "(either ex parte or on notice)"
(2)
Section 84—after subsection (5) insert:
(6)
The Court may require that notice be given of an application under subsection (5) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).
156—Amendment of section 89A—Court may order interim suspension of legal practitioner or impose interim conditions
Section 89A—delete "of its own motion" and substitute:
on its own initiative
157—Amendment of section 93—Power of Court to strike off notary's name
Section 93(1)—delete "of its own motion" and substitute:
on its own initiative

Part 46—Amendment of Liquor Licensing Act 1997

158—Amendment of section 20—Representation

Section 20(1)(e)—delete "by leave" and substitute:
with the permission

159—Amendment of section 25—Representation

Section 25(1)(e)—delete "by leave" and substitute:
with the permission
160—Amendment of section 27—Appeal from orders and decisions of the Court
Section 27(1)—delete "by leave" and substitute:
with the permission
161—Amendment of section 28—Reference of question of law
(1)
Section 28(1)—delete "state a case on" and substitute:
refer
(2)
Section 28(2)—delete "arising on a case stated" and substitute:
referred

Part 47—Amendment of Local Government (Elections) Act 1999

162—Substitution of section 77

Section 77—delete the section and substitute:
77—Reference of question of law
The Court may, on its own initiative or on the application of a party to proceedings, refer a question of law for the opinion of the Full Court of the Supreme Court.

Part 48—Amendment of Lottery and Gaming Act 1936

163—Amendment of section 92—Receiving money for betting
Section 92(3)—delete "of suit"

Part 49—Amendment of Maralinga Tjarutja Land Rights Act 1984
164—Amendment of section 21—Mining operations on the lands
(1)
Section 21(14)(b)—delete paragraph (b) and substitute:
(b)
may refer a question of law for the opinion of the Full Court of the Supreme Court.
(2)
Section 21(15)—delete subsection (15)

Part 50—Amendment of Medical Practice Act 2004

165—Amendment of section 60—Powers of Tribunal

(1)
Section 60(5)—delete "(either ex parte or on notice)"
(2)
Section 60—after subsection (5) insert:
(5a)
The Court may require that notice be given of an application under subsection (5) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).

Part 51—Amendment of Mines and Works Inspection Act 1920

166—Repeal of sections 25 and 26

Sections 25 and 26—delete the sections

Part 52—Amendment of Mining Act 1971

167—Amendment of section 63N—What happens when there are no registered native title parties with whom to negotiate
Section 63N(1)—delete "ex parte" and substitute:
without notice to any person
168—Amendment of section 63O—Expedited procedure where impact of operations is minimal
Section 63O(2)—delete "ex parte" and substitute:
without notice to any person
169—Amendment of section 67—Jurisdiction relating to tenements and monetary claims
Section 67(1)—delete "suits" and substitute:
actions

170—Amendment of section 73A—Lodging of caveats

Section 73A(4)—delete "by leave" and substitute:
with the permission

Part 53—Amendment of Native Vegetation Act 1991

171—Amendment of section 31A—Application to ERD Court for enforcement
Section 31A(4)—delete "grant leave to the applicant" and substitute:
grant the applicant permission

Part 54—Amendment of Natural Resources Management Act 2004
172—Amendment of section 201—Orders made by ERD Court
(1)
Section 201(5)(d)—delete "leave" and substitute:
permission
(2)
Section 201(6)—delete "leave" and substitute:
permission
(3)
Section 201(9)—delete "leave" and substitute:
permission

Part 55—Amendment of Nurses Act 1999

173—Amendment of section 18—Proceedings before Board etc
(1)
Section 18(6)—delete "(either ex parte or on notice)"
(2)
Section 18—after subsection (6) insert:
(6a)
The Court may require that notice be given of an application under subsection (6) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application).

Part 56—Amendment of Occupational Health, Safety and Welfare Act 1986

174—Amendment of section 49—Appeals

Section 49(4)—delete "leave" and substitute:
the permission

175—Amendment of section 58—Offences

Section 58(5a)(c)—delete "leave" and substitute:
permission

176—Amendment of section 69—Regulations

Section 69(8)—delete "leave" and substitute:
the permission

Part 57—Amendment of Opal Mining Act 1995

177—Amendment of section 26—Caveats

Section 26(5)—delete "by leave" and substitute:
with the permission
178—Amendment of section 56—What happens when there are no registered native title parties with whom to negotiate
Section 56(1)—delete "ex parte" and substitute:
without notice to any person
179—Amendment of section 57—Expedited procedure where impact of operations is minimal
Section 57(2)—delete "ex parte" and substitute:
without notice to any person
180—Amendment of section 72—Jurisdiction relating to tenements and monetary claims
Section 72(1)—delete "suits" and substitute:
actions
181—Amendment of section 75—Forfeiture of tenement
Section 75(6)(b)—delete "leave" and substitute:
the permission

Part 58—Amendment of Optometrists Act 1920

182—Repeal of sections 42 to 44

Sections 42 to 44 (inclusive)—delete the sections

Part 59—Amendment of Partnership Act 1891

183—Amendment of section 74—Certain convicted offenders not to carry on business as general partners
(1)
Section 74(1)—delete "leave of" and substitute:
permission from
(2)
Section 74(2)—delete "leave of" and substitute:
permission from
(3)
Section 74(4)—delete "leave" and substitute:
permission

Part 60—Amendment of Police (Complaints and Disciplinary Proceedings) Act 1985
184—Amendment of section 40—Proceedings before the Tribunal
Section 40(5)(b)—delete "by leave" and substitute:
with the permission
185—Amendment of section 43—Reference of question of law
Section 43—delete "state a case on any" and substitute:
refer a

Part 61—Amendment of Powers of Attorney and Agency Act 1984
186—Amendment of section 9—Donee may not renounce power during incapacity of donor except with permission of Supreme Court
Section 9—delete "leave" and substitute:
permission

Part 62—Amendment of Public Trustee Act 1995

187—Amendment of section 9—Administration of deceased estate
Section 9(4)—delete "ex parte" and substitute:
without notice
188—Amendment of section 14—Appointment as executor or trustee
(1)
Section 14(2)—delete "leave" and substitute:
permission
(2)
Section 14(3)—delete "leave" and substitute:
permission
189—Amendment of section 32—Public Trustee's duties with respect to unclaimed money or land
Section 32(2)—delete "by leave" and substitute:
with the permission
190—Amendment of section 34—Appointment as manager of unclaimed property
Section 34(2)—delete "ex parte" and substitute:
without notice to any person
191—Amendment of section 37—Public Trustee may apply to Court for directions
Section 37(1)—delete "ex parte" and substitute:
without notice to any person

Part 63—Amendment of Racing (Proprietary Business Licensing) Act 2000
192—Amendment of section 43—Finality of Authority's decisions
(1)
Section 43(1)(c)—delete "by leave" and substitute:
with the permission
(2)
Section 43(3)—delete "leave" and substitute:
permission

193—Amendment of section 47—Reasons for decision

Section 47(2)—delete "by leave" and substitute:
with permission

Part 64—Amendment of Real Property Act 1886

194—Amendment of section 3—Interpretation

Section 3(1), definition of Court, (c)—delete ", Part 17 and Schedule 21" and substitute:
and Part 17
195—Amendment of section 24—Registrar-General not to be liable for acts done bona fide
Section 24—delete ", suit"

196—Amendment of section 45—Lapse of caveat

Section 45—delete "by leave" and substitute:
with the permission

197—Amendment of section 80F—Caveats

Section 80F(6)—delete "by leave" and substitute:
with the permission
198—Amendment of section 181—Proceedings when executor etc refuse to transfer
Section 181—delete "may, by motion or summons before the Court, apply" and substitute:
may apply to the Court

199—Amendment of section 191—Caveats

(1)
Section 191(d)—delete paragraph (d) and substitute:
(d)
Persons interested may summon caveator
the registered proprietor or any other person claiming estate or interest in the land may, by summons, call on any caveator, including the Registrar-General, to attend before the Court to show cause why the caveat should not be removed; and the Court may, after allowing the parties a reasonable opportunity to be heard, make such order as appears just in the circumstances; (if the caveator does not appear in response to the summons, the Court may, if satisfied that the summons was duly served, proceed to hear and determine the application in the caveator's absence);
(2)
Section 191—after paragraph (f) insert:
(fa)
Action to establish validity of claim
a caveator may bring an action in the Court to establish the validity of the claim on which the caveat is based;
(3)
Section 191(g)—delete paragraph (g) and substitute:
(g)
Caveator may apply to Court for order to extend time
the Court may, on the caveator's application, extend the period of 21 days until an action under paragraph (fa) is determined or for any other period;
(4)
Section 191(k), heading—delete "leave" and substitute:
permission
(5)
Section 191(k)—delete "leave" and substitute:
permission

200—Substitution of section 223

Section 223—delete the section and substitute:
223—Registrar-General may refer question of law
(1)
The Registrar-General may refer a question of law arising with regard to the exercise of the Registrar-General's powers and functions under this Act for the opinion of the Court.
(2)
The Court's decision on a question referred under this section is binding on the Registrar-General.

201—Repeal of sections 224 and 225

Sections 224 and 225—delete the sections
202—Amendment of section 260—Valuable consideration may be proved by prior instruments
Section 260—delete ", suit" wherever occurring

203—Repeal of Schedule 21

Schedule 21—delete the Schedule

Part 65—Amendment of Recreational Greenways Act 2000
204—Amendment of section 19—Enforcement of agreement
Section 19(3)(a)—delete "an ex parte application" and substitute:
an application without notice to the other party

Part 66—Amendment of Renmark Irrigation Trust Act 1936

205—Amendment of section 105—Power of sale

(1)
Section 105(1)—delete "by petition"
(2)
Section 105(2)(a)—delete "comprised in the petition" and substitute:
to which the application relates
206—Amendment of section 107—Properties comprised in different assessments may be included in one application
Section 107—delete "petition" and substitute:
application
207—Amendment of section 111—Application of proceeds
Section 111—delete "petition" and substitute:
application
208—Amendment of section 114—Power to lease property for arrears of rates
Section 114(8)—delete "motion" and substitute:
application
209—Amendment of section 162—No action against candidate for costs or expenses of election
Section 162—delete ", suit,"

210—Amendment of section 168—Incomplete works

Section 168—delete "made without action and either by summons or by motion upon notice to the claimant,"
211—Amendment of section 212—Actions against members
Section 212(3)—delete "of suit"

212—Substitution of Schedule 9

Schedule 9—delete the Schedule and substitute:
Schedule 9—Notice to owners etc

Part 67—Amendment of Royal Commissions Act 1917

213—Repeal of sections 26 and 27

Sections 26 and 27—delete the sections

Part 68—Amendment of Settled Estates Act 1880

214—Amendment of section 22—Application to exercise powers conferred by Act
Section 22—delete "by petition in a summary way"
215—Amendment of section 28—Application may be granted without consent, saving rights of non-consenting parties
Section 28—delete "petition" and substitute:
application
216—Amendment of section 30—Notice of application to be given in newspapers if Court directs
Section 30—delete "by summons or motion for leave" and substitute:
for permission
217—Amendment of section 34—Payment and application of money arising from sales, or set aside out of rent, etc, reserved on mining leases
Section 34(1)—delete "ex parte" and substitute:
without notice to
218—Amendment of section 35—Trustees may apply money in certain cases without application to Court
Section 35—delete "upon the petition" and substitute:
on the application
219—Amendment of section 37—Court may direct application of money in respect of leases or reversions as may appear just
Section 37—delete "petition" and substitute:
application

Part 69—Amendment of Sewerage Act 1929

220—Amendment of section 94—Lands may be sold when rates etc in arrear
Section 94(2)(b)—delete "petition" and substitute:
application

221—Amendment of section 105—Tender of amends

Section 105(2)—delete "by leave" and substitute:
with the permission

Part 70—Amendment of South Australian Co-operative and Community Housing Act 1991

222—Amendment of section 74—Winding up

Section 74(7)—delete "leave" and substitute:
permission

Part 71—Amendment of Strata Titles Act 1988

223—Amendment of section 41A—Resolution of disputes etc
Section 41A(3)—delete "leave" and substitute:
the permission
224—Amendment of Schedule 2—Transitional provisions
Schedule 2, clause 5(4)(b)—delete "leave" and substitute:
permission

Part 72—Amendment of Summary Offences Act 1953

225—Amendment of section 33—Indecent or offensive material
Section 33(9)—delete "of its own motion" and substitute:
on its own initiative
226—Amendment of section 74BB—Fortification removal order
Section 74BB(3)—delete "an ex parte application" and substitute:
an application made without notice to any person

Part 73—Amendment of Summary Procedure Act 1921

227—Amendment of section 57—Issue of summons

Section 57(2)(a)—delete "ex parte" and substitute:
in the absence of the defendant
228—Amendment of section 62—Proceedings on non-appearance of defendant
Section 62—delete "ex parte" wherever occurring and substitute in each case:
in the absence of the defendant
229—Amendment of section 62A—Power to proceed in absence of defendant
Section 62A(1)—delete "ex parte" and substitute:
in the absence of the defendant
230—Amendment of section 62BA—Proceedings where defendant neither appears nor returns written plea of guilty
Section 62BA(1)—delete "ex parte to adjudicate upon the complaint" and substitute:
to adjudicate on the complaint in the absence of the defendant
231—Amendment of section 62C—Proceedings in absence of defendant
Section 62C(1)—delete "an ex parte hearing" and substitute:
a hearing in his or her absence
232—Amendment of section 99F—Variation or revocation of restraining order
Section 99F(1a)—delete "leave" wherever occurring and substitute in each case:
permission
233—Amendment of section 99J—Complaints or applications by or on behalf of child
Section 99J(a)—delete "leave" and substitute:
permission
234—Amendment of section 106—Taking of evidence at preliminary examination
(1)
Section 106(1)(b)(ii)—delete "leave" and substitute:
permission
(2)
Section 106(1)(c)—delete "by leave" and substitute:
with the permission
(3)
Section 106(3)—delete "leave" wherever occurring and substitute in each case:
permission

Part 74—Amendment of Supported Residential Facilities Act 1992
235—Amendment of section 20—Associated provisions relating to exercise of jurisdiction by Court
Section 20(1)(b)—delete "by leave" and substitute:
with the permission

Part 75—Amendment of Trade Standards Act 1979

236—Amendment of section 37—Defences

Section 37(2)—delete "leave" and substitute:
permission

Part 76—Amendment of Trustee Act 1936

237—Amendment of section 25B—Power of Court to authorise alterations and repairs
(1)
Section 25B(1)—delete "ex parte or otherwise"
(2)
Section 25B—after subsection (1) insert:
(1a)
The Supreme Court may require that notice be given of an application under subsection (1) to any person who has, in the opinion of the Court, a proper interest in the matter (but an order may be made, if the Court thinks fit, although no notice has been given of the application).
238—Amendment of section 29—Distribution of estate after notice by representative or trustee
(1)
Section 29(4)—delete "ex parte or otherwise,"
(2)
Section 29—after subsection (4) insert:
(5)
The Supreme Court may require that notice be given of an application under subsection (4) to any person who has, in the opinion of the Court, a proper interest in the matter (but an order may be made, if the Court thinks fit, although no notice has been given of the application).
239—Amendment of section 49—Power for Court to authorise purchase of trust property by trustee
(1)
Section 49—delete ", ex parte or otherwise,"
(2)
Section 49—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
(2)
The Supreme Court may require that notice be given of an application under subsection (1) to any person who has, in the opinion of the Court, a proper interest in the matter (but an order may be made, if the Court thinks fit, although no notice has been given of the application).
240—Amendment of section 60—Applications to Supreme Court
(1)
Section 60(1)—delete "present a petition" and substitute:
apply
(2)
Section 60(1)—delete "praying" and substitute:
seeking
(3)
Section 60(2)—delete "A petition may be presented" and substitute:
An application may be made

241—Substitution of sections 61 and 62

Sections 61 and 62—delete the sections and substitute:
61—Application to be accompanied by affidavit
An application must be accompanied by an affidavit made by 1 of the persons making the application or a person who can swear positively to the facts, verifying the application and the grounds on which the proposed relief is sought.
62—Application to be heard in open court
An application must be heard in open court.
242—Amendment of section 63—Evidence may be brought by affidavit or otherwise
(1)
Section 63(1)—delete "Any petitioner" and substitute:
An applicant
(2)
Section 63(1)—delete "petition" wherever occurring and substitute in each case:
application
(3)
Section 63(1)—delete "upon any petitioner" and substitute:
on an applicant
243—Amendment of section 64—Service of application and copy of affidavit
Section 64—delete "petition" wherever occurring and substitute in each case:
application
244—Amendment of section 65—Attorney-General may address court at hearing
Section 65—delete "petition" and substitute:
application
245—Amendment of section 66—Person may address court with permission of Judge
(1)
Section 66—delete "leave" and substitute:
permission
(2)
Section 66—delete "petition" wherever occurring and substitute in each case:
application
246—Amendment of section 67—Powers of court in dealing with application
Section 67—delete "upon the petition" and substitute:
on the application

247—Amendment of section 68—Court may order costs

Section 68—delete "any petitioner" and substitute:
an applicant
248—Amendment of section 84C—Appointment of inspector
Section 84C(1)—delete "of its own motion" and substitute:
on its own initiative
249—Amendment of section 85—Commission concerning person of unsound mind
(1)
Section 85—delete "Upon any petition" and substitute:
On an application
(2)
Section 85—delete "such petition" and substitute:
the application
250—Amendment of section 90—Parties entitled may apply to Court by summons
(1)
Section 90(1)—delete "or upon petition"
(2)
Section 90(1)—delete "or petition"
251—Amendment of section 92—Power to make order in action or matter
Section 92—delete "either upon the hearing of the action or any petition or motion in the action or matter,"

Part 77—Amendment of Unauthorised Documents Act 1916

252—Repeal of sections 9 to 11

Sections 9 to 11(inclusive)—delete the sections

Part 78—Amendment of Upper South East Dryland Salinity and Flood Management Act 2002

253—Amendment of section 29—Civil remedies

(1)
Section 29(6)—delete "ex parte" and substitute:
without notice to the respondent
(2)
Section 29(6)—delete "leave" and substitute:
permission
(3)
Section 29(8)(a)—delete "an ex parte application" and substitute:
an application made without notice to the respondent
254—Amendment of section 30—Interim restraining orders to prevent environmental harm
Section 30(4)—delete "ex parte" and substitute:
without notice to the person in relation to whom the order is sought

Part 79—Amendment of Waterworks Act 1932

255—Amendment of section 59—Waste material from gasworks
Section 59—delete "of suit"

256—Amendment of section 98—Power to sell land

Section 98(2)(b)—delete "petition" and substitute:
application

Part 80—Amendment of Wills Act 1936

257—Amendment of section 7—Will of person lacking testamentary capacity pursuant to permission of court
(1)
Section 7(1)—delete "leave" and substitute:
permission
(2)
Section 7(7)(b)—delete "leave" and substitute:
permission

Part 81—Amendment of Workers Rehabilitation and Compensation Act 1986

258—Substitution of heading to Part 6 Division 10

Heading to Part 6 Division 10—delete the heading and substitute:
Division 10—Appeals and references of questions of law
259—Amendment of section 86A—Reference of question of law
(1)
Section 86A(1)—delete subsection (1) and substitute:
(1)
A Full Bench of the Tribunal may refer a question of law for the opinion of the Full Court of the Supreme Court.
(2)
Section 86A(2)—delete subsection (2)
(3)
Section 86A(3)—delete "case stated" and substitute:
reference
(4)
Section 86A(3)(b)—delete "case" and substitute:
matter

260—Amendment of section 95—Costs

Section 95(1)(b)—delete "case stated" and substitute:
a reference of a question of law