Supreme Court (Commercial Arbitration) Act 1984 (NSW)

SUPREME COURT (COMMERCIAL ARBITRATION) AMENDMENT

ACT, 1984, No. 166

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ANNO TRICESIMO TERTIO

ELIZABETHS H BEGINS

* • *

Act No. 166, 1984.

An Acl to amend the Supreme Court Act, 1970. so as to enable rules to be made under that Act with respect to the referral of certain proceedings and questions to an arbitrator or referee and for other purposes. [Assented to, 14th December, 1984.J

Supreme Court (Commercial Arhiiratloii) A mendmenl 19K4

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, a s follows; —

Short title.

I.            This Act may be cited as the "Supreme Court (Commercial Arbitra­

tion) Amendment Act, 19X4"

Commencement.

2.    (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 Commercial

Arbitration Act, 19X4,

Amendment of Act No. 52, 1970.

3. The Supreme Court Act. 1970. is amended in the manner set forth

in Schedule 1.

Transitional provision.

4.

Where-

( a ) any prtK-eedings were or any question or issue of fact arising in

the proceedings was. under section 15 of the Arbitration Act, 1902, ordered by the Supreme Court to be tried before an arbitra­ tor or referee hefetre the cx>mtnenceinent i)f this section; or

3   Act No. 166

Supreme Court (Commercial Arbitration) Amendment 1984

(b) no rules of court have been made under section 124 (2) of the Supreme Court Act, 1970. as inserted by this Act,

the law governing the reference by the Supreme Court of any proceedings m that Court or any question or issue of fact arising in the proceedings to an arbitrator or referee shall be that which would have been applicable if this Act and the Commercial Arbitration Act, 1984, had not been enacted.

SCHEDULE I.

(Sec. 3.)

A mendments to the Supreme Court A ct , 1970.

(1) (a) Section 101 (2) (g) —

Omit “or".

(b) Section 101 (2) (h). (i) —

At the end of section 101 (2) (h), insert; —

; or

( i )   a judgment, order or determination in proceedings in the Court under the Commercial Arbitration Act, 1984.

(2i Section 124 (2 )—

After section 124 {1 ). insert; —

(2) The rules may make provision for or with respect to—

(a)	the cases in which the whole of any proceedings or any question or issue arising in any proceedings may be referred by the Court to an arbitrator or referee for determination or for inquiry or report;
(b)	the appointment of a Judge, master, registrar or other officer of the Court or other person as an arbitrator or referee;
(c)	the fees to be paid to such an arbitrator or referee;

Supreme Court {Commercial Arbitration) Amendment 19X4

SCHEDULF. I—continued.

AMKNnMhNTs TO THK SuPRTMF CouKi At 1 . 1970—continued.

(d)	the persons b> whom the whole or any pan of any such fees are payable;
(e)	the consequences t)f a determination or report by an arbitra­ tor or referee;
(f)	tlie manner in which such a determination or report may be called in question;
(g)	whether or not. or to what extent, a determination or report may be called in question t>n a matter ol fact or law;
(h)	the provision of the services of officers of the Court and the provision t>f court rooms and other facilities for the purpose of a reference of any pixK'eedings or any question or is.sue arising in any poKeedings to an arbitrator or referee; and

(i) any other matters as,stK:iated with such a reference.