Suitors' Fund (Land and Environment Court) Amendment Act 1985 (NSW)

SUITORS’ FUND (LAND AND ENVIRONMENT COURT)

AMENDMENT ACT, 1985, No. 64

ANNO TRICESIMO QUARTO

ELIZABETHy® II REGINA

Act No. 64, 1985.

An Act to amend the Suitors’ Fund Act, 1951, in relation to the costs of certain appeals to the Land and Environment Court. [Assented to, 15th May, 1985.]

2   Act No. 64

Suitors’ Fund (Land and Environment Court) Amendment 1985

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;—

Short title.

1.     This Act may be cited as the “Suitors’ Fund (Land and Environment

Court) Amendment Act, 1985’’.

Commencement.

(1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2 (2) of the Land and Environment Court (Amendment) Act, 1985.

2.

Amendment of Act No. 3, 1951.

3. The Suitors’ Fund Act, 1951, is amended in the manner set forth in

Schedule 1.

SCHEDULE 1.

(Sec. 3.)

Amendments to the Suitors’ Fund Act, 1951.

(1) (a) Section 2, definition of “Indemnity certificate’’—

Omit “subsection (1) or subsection (1a) of section 6” , insert

instead “section 6 (1), (1a) or ( Iaa)’’.

(b) Section 2, definition of “Land and Environment Court’’—

After the definition of “Indemnity certificate’’, insert:—

“Land and Environment Court” means the Land and Environment Court constituted under the Land and Environment Court Act, 1979.

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Suitors’ Fund (Land and Environment Court) Amendment 1985

SCHEDULE {— continued.

Amendments to the Suitors’ Fund Act, 1951—continued.

(2) (a) Section 6 ( I aa)—

After section 6 (1a), insert;—

( I aa) Where an appeal under section 56a of the Land and Environment Court Act, 1979, to the Land and Environment Court on a question of law succeeds, that Court may, upon application made in that behalf, grant to the respondent to the appeal or to any one or more of several respondents to the appeal an indemnity certificate in respect of the appeal.

(b) Section 6 (2a) (a)—

■After “Supreme Court’	insert “or the Land and Environment
Court’’.

(c) Section 6 (5)—

After “Supreme Court,’’, insert “Land and Environment

Court,’’.

(d) Section 6 (5a)—

Omit “or (1a)’’, insert instead “ , (1a) or ( I aa)’’.