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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Courts Legislation Amendment
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Principal amendments 2
4 Consequential amendments 2
5 Repeal of Act 2
Schedule 1 Amendment of Administrative Decisions Tribunal Act 1997
No 76 3
Schedule 2 Amendment of Civil Procedure Act 2005 No 28 5
Schedule 3 Amendment of Confiscation of Proceeds of Crime Act 1989
No 90 10
Schedule 4 Amendment of Coroners Act 1980 No 27 11
Schedule 5 Amendment of District Court Act 1973 No 9 12
Schedule 6 Amendment of Land and Environment Court Act 1979
No 204 13
Schedule 7 Amendment of Local Courts Act 1982 No 164 23
Schedule 8 Amendment of Supreme Court Act 1970 No 52 25
Schedule 9 Consequential amendments 26
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Courts Legislation Amendment
Bill 2007
Act No , 2007
An Act to amend certain Acts with respect to courts, court procedure and jurisdiction;
to amend the Land and Environment Court Act 1979 to ensure consistency with the
Civil Procedure Act 2005; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Courts Legislation Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Amendment Act 2007.
2 Commencement
(1) This Act commences on the date of assent to this Act, subject to
subsections (2)(3).
(2) Schedules 3 and 7 [4] commence on the date of assent to this Act or on
the commencement of Schedule 1 [34] to the Confiscation of Proceeds
of Crime Amendment Act 2005, whichever is the later.
(3) The following provisions commence on a day or days to be appointed
by proclamation:
(a) Schedules 1, 2, 46 and 9,
(b) Schedule 7 [1][3] and [5],
(c) Schedule 8 [1][3].
3 Principal amendments
The Acts specified in Schedules 18 are amended as set out in those
Schedules.
4 Consequential amendments
The Act and instrument specified in Schedule 9 are amended as set out
in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Courts Legislation Amendment Bill 2007
Amendment of Administrative Decisions Tribunal Act 1997 No 76 Schedule 1
Schedule 1 Amendment of Administrative Decisions
Tribunal Act 1997 No 76
(Section 3)
[1] Section 91A
Insert after section 91:
91A Practice notes
(1) Subject to the rules of the Tribunal, the President may issue
practice notes for the Tribunal in relation to any matter with
respect to which rules may be made.
(2) Part 6 of the Interpretation Act 1987 applies to a practice note
issued under this section in the same way as it applies to a rule of
court.
[2] Section 105 Agreements and arrangements arising from mediation
sessions
Insert after section 105 (2):
(2A) On any application for an order under this section, any document
signed by the parties is admissible as to the fact that an agreement
or arrangement has been reached and as to the substance of the
agreement or arrangement.
[3] Section 107 Privilege
Omit "Subject to subsection (3), the" from section 107 (2).
Insert instead "The".
[4] Section 107 (4) and (5)
Omit section 107 (4)(6). Insert instead:
(4) Subject to subsection (5) and section 105 (2A):
(a) evidence of anything said or of any admission made in a
mediation session or neutral evaluation session is not
admissible in any proceedings before any court, tribunal or
body, and
(b) a document prepared for the purposes of, or in the course
of, or as a result of, a mediation session or neutral
evaluation session, or any copy of such a document, is not
admissible in evidence in any proceedings before any
court, tribunal or body.
Page 3
Courts Legislation Amendment Bill 2007
Schedule 1 Amendment of Administrative Decisions Tribunal Act 1997 No 76
(5) Subsection (4) does not apply with respect to any evidence or
document:
(a) if the persons in attendance at, or identified during, the
mediation session or neutral evaluation session and, in the
case of a document, all persons identified in the document,
consent to the admission of the evidence or document, or
(b) in proceedings instituted with respect to any act or
omission in connection with which a disclosure has been
made under section 108 (c).
Page 4
Courts Legislation Amendment Bill 2007
Amendment of Civil Procedure Act 2005 No 28 Schedule 2
Schedule 2 Amendment of Civil Procedure Act 2005
No 28
(Section 3)
[1] Section 8 Uniform Rules Committee
Omit "10 members" from section 8 (1). Insert instead "11 members".
[2] Section 8 (1) (c1)
Insert after section 8 (1) (c):
(c1) one is to be the Chief Judge of the Land and Environment
Court or a Judge nominated for the time being by the Chief
Judge, and
[3] Section 76 Settlement of proceedings commenced by or on behalf of, or
against, person under legal incapacity
Insert ", or against," after "on behalf of" in section 76 (1).
[4] Section 76 (3)
Omit "the claim of".
Insert instead "a claim made by or on behalf of, or against,".
[5] Section 141 Transfer orders
Insert "the" before "proceedings" in section 141 (2).
[6] Section 144 Transfer of certain proceedings from District Court to
Supreme Court
Omit "the transfer order" wherever occurring in section 144 (7).
Insert instead "an order under subsection (2) or (5)".
[7] Section 149 Jurisdiction of lower court
Omit "Pursuant to this section, the". Insert instead "The".
Page 5
Courts Legislation Amendment Bill 2007
Schedule 2 Amendment of Civil Procedure Act 2005 No 28
[8] Part 9, Division 2A
Insert after Division 2 of Part 9:
Division 2A Transfer of proceedings from Supreme Court
to Land and Environment Court
149A Definition
In this Division:
transfer order means an order referred to in section 149B.
149B Transfer of proceedings from Supreme Court to Land and
Environment Court
If the Supreme Court is satisfied, in relation to proceedings
before it, that the proceedings could properly have been
commenced in the Land and Environment Court, the Supreme
Court may, on application by a party to the proceedings or of its
own motion, order that the proceedings be transferred to the Land
and Environment Court.
149C Transfer orders
(1) A transfer order takes effect when it is made.
(2) A transfer order does not invalidate any order made or other thing
done in the proceedings before the order was made.
(3) Any order made by the Supreme Court, other than a transfer
order, may be varied or revoked by an order of the Land and
Environment Court.
149D Proceedings after transfer
(1) Subject to the rules of the Land and Environment Court, any
proceedings with respect to which a transfer order takes effect are
to be continued in the Land and Environment Court as if they had
been duly commenced in that Court on the date on which they
were commenced in the Supreme Court.
(2) For the purposes of any proceedings continued in the Land and
Environment Court, any admission duly made in the Supreme
Court is to be treated as if it had been duly made in the Land and
Environment Court.
(3) Subject to the rules of the Land and Environment Court, the
power of the Land and Environment Court to make orders as to
costs includes a power to make orders with respect to the costs of:
Page 6
Courts Legislation Amendment Bill 2007
Amendment of Civil Procedure Act 2005 No 28 Schedule 2
(a) the application for, and the making of, the transfer order,
and
(b) any step taken in the proceedings before the transfer order
was made.
149E Jurisdiction of Land and Environment Court
The Land and Environment Court has, and may exercise, all of
the jurisdiction of the Supreme Court in relation to any
proceedings to which a transfer order relates, including
jurisdiction to determine any question arising in any such
proceedings.
[9] Schedule 1 Application of Act
Insert in Columns 1 and 2 after the matter relating to the Supreme Court:
Land and Environment All civil proceedings in Class 1, 2, 3 or 4 of the
Court Court's jurisdiction
[10] Schedule 2 Constitution and procedure of Uniform Rules Committee
Insert "the Chief Judge of the Land and Environment Court," after "the Court
of Appeal," in the definition of ex-officio member in clause 1.
[11] Schedule 2, clause 3A
Insert after clause 3:
3A Deputies for members
(1) A reference to a power to nominate or appoint a member of the
Uniform Rules Committee in section 8 (1) includes a power to
nominate or appoint a deputy for that member.
(2) In the absence of a member appointed or nominated under section
8 (1), the member's deputy:
(a) may, if available, act in the place of the member, and
(b) subject to clause 6 (6)--while so acting, has the functions
of the member and is taken to be the member.
[12] Schedule 2, clause 6 (6)
Insert after clause 6 (5):
(6) A person nominated as a deputy for the member of the Uniform
Rules Committee referred to in section 8 (1) (a) is not entitled to
exercise any of the functions of a presiding member under this
clause.
Page 7
Courts Legislation Amendment Bill 2007
Schedule 2 Amendment of Civil Procedure Act 2005 No 28
[13] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Courts Legislation Amendment Act 2007 (but only to the extent
to which it amends this Act)
[14] Schedule 6, Part 4
Insert after clause 12:
Part 4 Provisions consequent on enactment of
the Courts Legislation Amendment Act
2007
13 Definitions
In this Part:
relevant commencement date means the date of the
commencement of Schedule 2 [9] to the Courts Legislation
Amendment Act 2007.
relevant proceedings means proceedings in Class 1, 2, 3 or 4 of
the jurisdiction of the Land and Environment Court.
unamended L & E legislation means the Land and Environment
Court Act 1979 or the rules of court made under that Act, as in
force immediately before the relevant commencement date.
14 Regulation
The Land and Environment Court Regulation 2005 is taken to
have been made under section 18 and may be amended and
repealed accordingly.
15 Pending proceedings
(1) Subject to subclause (2), this Act and the uniform rules apply to
relevant proceedings commenced in the Land and Environment
Court before the relevant commencement date in the same way as
they apply to relevant proceedings commenced on or after that
commencement.
(2) If relevant proceedings are commenced in the Land and
Environment Court before the relevant commencement date, the
Land and Environment Court may make such orders dispensing
with the requirements of the uniform rules in relation to the
proceedings, and such consequential orders (including orders as
to costs), as are appropriate in the circumstances.
Page 8
Courts Legislation Amendment Bill 2007
Amendment of Civil Procedure Act 2005 No 28 Schedule 2
16 Construction of references
Subject to the regulations, in any other Act or instrument:
(a) a reference to a provision of the unamended L & E
legislation for which there is a corresponding provision in
this Act extends to the corresponding provision of this Act
or the uniform rules, and
(b) a reference to any act, matter or thing referred to in a
provision of the unamended L & E legislation for which
there is a corresponding provision in this Act or the
uniform rules extends to the corresponding act, matter or
thing referred to in the corresponding provision of this Act
or the uniform rules, as the case requires.
17 General saving
Subject to this Schedule and the regulations:
(a) anything begun before the relevant commencement date
under a provision of the unamended L & E legislation for
which there is a corresponding provision in this Act or the
uniform rules may be continued and completed under the
unamended L & E legislation as if this Act had not been
enacted, and
(b) subject to paragraph (a), anything done under a provision
of the unamended L & E legislation for which there is a
corresponding provision in this Act or the uniform rules
(including anything arising under paragraph (a)) is taken to
have been done under the corresponding provision of this
Act or the uniform rules, as the case requires.
Page 9
Courts Legislation Amendment Bill 2007
Schedule 3 Amendment of Confiscation of Proceeds of Crime Act 1989 No 90
Schedule 3 Amendment of Confiscation of Proceeds
of Crime Act 1989 No 90
(Section 3)
[1] Section 87 Provisions relating to courts
Insert after section 87 (3):
(3A) A Local Court may not make a drug proceeds order against a
person for an amount that exceeds the jurisdictional limit of a
Local Court when sitting in its General Division within the
meaning of the Local Courts Act 1982.
[2] Section 87 (6) and (7)
Insert after section 87 (5):
(6) Nothing in this section prevents a Local Court from exercising its
jurisdiction in relation to a freezing notice issued in relation to
land or in relation to property whose value exceeds the
jurisdictional limit of a Local Court when sitting in its General
Division within the meaning of the Local Courts Act 1982.
(7) Proceedings before a Local Court on an application for a
forfeiture order or drug proceeds order, or on an application for
confirmation or setting aside of a freezing notice, are to be dealt
with by the Court sitting in its General Division within the
meaning of the Local Courts Act 1982.
Page 10
Courts Legislation Amendment Bill 2007
Amendment of Coroners Act 1980 No 27 Schedule 4
Schedule 4 Amendment of Coroners Act 1980 No 27
(Section 3)
Section 54A
Omit the section. Insert instead:
54A Assistance to and from coroners in other jurisdictions
(1) The State Coroner may request in writing the person holding a
corresponding office in another State or a Territory to provide
assistance in connection with the exercise by the State Coroner or
another coroner of any power under this Act.
(2) The State Coroner, at the written request of the person holding a
corresponding office in another State or a Territory, may provide
assistance to that person or a coroner of that State or Territory in
connection with the exercise of a power under the law of that
State or Territory.
(3) For the purpose of providing assistance, the State Coroner or a
coroner may exercise any of his or her powers under this Act
irrespective of whether he or she would, apart from this section,
have authority to exercise that power.
Note. The State Coroner has, in addition to all the powers of a coroner,
a general function of overseeing and co-ordinating coronial services and
ensuring that inquests and other investigations are held. The assistance
provided may involve the exercise of administrative powers by the State
Coroner or the exercise by him or her or another coroner of coronial
powers.
(4) For the purpose of this section, this Act applies as if the matter
that is the subject of the request or direction were the subject of
an investigation under this Act.
Page 11
Courts Legislation Amendment Bill 2007
Schedule 5 Amendment of District Court Act 1973 No 9
Schedule 5 Amendment of District Court Act 1973
No 9
(Section 3)
[1] Section 18G Registrars
Omit section 18G (3) and (5).
[2] Section 18I Assistant registrars
Omit section 18I (2) and (3).
[3] Section 18L
Insert after section 18K:
18L Exercise of functions by registrars, deputy registrars and other
officers of the Local Courts
(1) The registrar of a Local Court may, subject to the civil procedure
rules and criminal procedure rules, exercise the functions of a
registrar of the District Court for Sydney or another proclaimed
place and, when exercising those functions, is taken to be the
registrar of the District Court for Sydney or the proclaimed place.
(2) The deputy registrar of a Local Court may, subject to the civil
procedure rules and criminal procedure rules, exercise the
functions of an assistant registrar of the District Court for Sydney
or another proclaimed place and, when exercising those
functions, is taken to be an assistant registrar of the District Court
for Sydney or the proclaimed place.
(3) An officer of a Local Court may, subject to the civil procedure
rules and criminal procedure rules, exercise the functions of an
officer of the District Court and, when exercising those functions,
is taken to be an officer of the District Court.
[4] Section 44 Actions
Insert "(if any)" after "amount" in section 44 (1) (a) (ii).
Page 12
Courts Legislation Amendment Bill 2007
Amendment of Land and Environment Court Act 1979 No 204 Schedule 6
Schedule 6 Amendment of Land and Environment
Court Act 1979 No 204
(Section 3)
[1] Section 4 Definitions
Omit the definition of Division from section 4 (1).
[2] Section 4 (1)
Insert in alphabetical order:
practice note means a practice note issued under section 76.
[3] Section 4 (1), definition of "registrar"
Omit the definition. Insert instead:
Registrar means the Registrar of the Court.
[4] Section 4 (1), definition of "rules"
Omit the definition. Insert instead:
rules means rules of the Court.
[5] Section 13 Acting Commissioners
Omit section 13 (3). Insert instead:
(3) The person so appointed has and may exercise, for the time and
subject to the conditions or limitations specified in the instrument
of appointment, the functions of a Commissioner and is, for the
purposes of this or any other Act, deemed to be:
(a) in the case of a person acting on a full-time basis--a
full-time Commissioner, and
(b) in the case of a person acting on a part-time basis--a
part-time Commissioner.
[6] Section 13 (5)
Omit "Public Service Act 1979".
Insert instead "Public Sector Employment and Management Act 2002".
[7] Sections 15 and 66
Omit "registrar" and "assistant registrar" wherever occurring.
Insert instead "Registrar" and "Assistant Registrar", respectively.
Page 13
Courts Legislation Amendment Bill 2007
Schedule 6 Amendment of Land and Environment Court Act 1979 No 204
[8] Section 15 Appointment of other officers
Omit "may be appointed and employed under and subject to the Public Service
Act 1979" from section 15 (1).
Insert instead "may be employed under the Public Sector Employment and
Management Act 2002".
[9] Section 21 Class 5--environmental planning and protection summary
enforcement
Omit section 21 (c).
[10] Part 4 Exercise of jurisdiction
Omit Divisions 1 and 2.
[11] Section 30 Arrangement of business of the Court
Omit "whose qualification" from section 30 (2B).
Insert instead "whose only qualification".
[12] Section 31
Omit the section. Insert instead:
31 Irregularity of proceedings
(1) This section applies if the Court determines, on application by a
party or of its own motion, that any proceedings before it are not
being dealt with in the manner appropriate to the class of
jurisdiction to which they belong.
(2) In the circumstances referred to in subsection (1), the Court may
make either of the following orders on such terms as may be
necessary:
(a) an order that the proceedings be dismissed,
(b) an order that the proceedings be dealt with in the
appropriate manner.
(3) If the Court makes an order referred to in subsection (2) (b):
(a) the proceedings are taken to have been duly commenced,
and
(b) any step that has been taken in the proceedings is deemed
to have been duly taken.
(4) The Court may make such orders as it thinks fit for the future
conduct of the proceedings.
Page 14
Courts Legislation Amendment Bill 2007
Amendment of Land and Environment Court Act 1979 No 204 Schedule 6
[13] Section 32 Validity of proceedings in any Division
Omit the section.
[14] Section 33, heading
Omit "in the Divisions". Insert instead "generally".
[15] Section 34
Omit the section. Insert instead:
34 Conciliation conferences
(1) If proceedings are pending in Class 1, 2 or 3 of the Court's
jurisdiction, the Court:
(a) may arrange a conciliation conference between the parties
or their representatives, with or without their consent, and
(b) if it does so, must notify the parties or their representatives
of the time and place fixed for the conference.
(2) A conciliation conference is to be presided over by a single
Commissioner.
(3) If, either at or after a conciliation conference, agreement is
reached between the parties or their representatives as to the
terms of a decision in the proceedings that would be acceptable
to the parties (being a decision that the Court could have made in
the proper exercise of its functions), the Commissioner:
(a) must dispose of the proceedings in accordance with the
decision, and
(b) must set out in writing the terms of the decision.
(4) If no such agreement is reached, the Commissioner must
terminate the conciliation conference and:
(a) unless the parties consent under paragraph (b), must make
a written report to the Court:
(i) stating that no such agreement has been reached and
that the conciliation conference has been
terminated, and
(ii) setting out what in the Commissioner's view are the
issues in dispute between the parties, or
(b) if the parties consent to the Commissioner disposing of the
proceedings, must dispose of the proceedings:
(i) following a hearing, whether held forthwith or later,
or
Page 15
Courts Legislation Amendment Bill 2007
Schedule 6 Amendment of Land and Environment Court Act 1979 No 204
(ii) with the consent of the parties, on the basis of what
has occurred at the conciliation conference.
(5) The Commissioner, when giving his or her decision under
subsection (4) (b), is to give reasons for the decision:
(a) in writing, or
(b) orally and recorded by means that can be reproduced.
(6) If satisfied that there is a good reason to do so, the Commissioner
may adjourn the conciliation conference to a time and place fixed
in consultation with the Registrar.
(7) Subject to this Act and the rules, the Commissioner disposing of,
or hearing and disposing of, proceedings pursuant to subsection
(3) or (4) (b) has and may exercise the functions of the Court.
(8) The decision of the Commissioner under subsection (3) or (4) (b)
is taken to be the decision of the Court.
(9) If a report is made to the Court under subsection (4) (a), it must,
as soon as practicable, furnish a copy of the report to each of the
parties.
(10) If an agreement is reached between the parties and proceedings
are being dealt with under subsection (3), any document signed
by the parties is admissible as to the fact that such an agreement
has been reached and as to the substance of the agreement.
(11) Subject to subsections (10) and (12):
(a) evidence of anything said or of any admission made in a
conciliation conference is not admissible in any
proceedings before any court, tribunal or body, and
(b) a document prepared for the purposes of, or in the course
of, or as a result of, a conciliation conference, or any copy
of such a document, is not admissible in evidence in any
proceedings before any court, tribunal or body.
(12) Subsection (11) does not apply with respect to any evidence or
document if the parties consent to the admission of the evidence
or document.
(13) The Commissioner presiding over a conference under this section
in relation to any proceedings is disqualified from further
participation in those proceedings, unless the parties otherwise
agree.
Page 16
Courts Legislation Amendment Bill 2007
Amendment of Land and Environment Court Act 1979 No 204 Schedule 6
(14) Unless otherwise directed by the Chief Judge, the Registrar may
preside over a conference under this section and, in that event, a
reference in this section to a Commissioner includes a reference
to the Registrar.
[16] Section 34B Arrangements for dealing with on-site hearing matters
Omit "a conference" from section 34B (1).
Insert instead "an on-site conference".
[17] Section 34B (2) and (3)
Omit "conference" wherever occurring. Insert instead "on-site conference".
[18] Section 34B (4)
Omit the subsection. Insert instead:
(4) The Commissioner, when giving his or her decision, is to give
reasons for the decision:
(a) in writing, or
(b) orally and recorded by means that can be reproduced.
[19] Section 34B (5)
Omit "(5), (6) and (7)". Insert instead "(5) and (6)".
[20] Section 35 Inquiries by Commissioners
Omit "registrar" from section 35 (3). Insert instead "Court".
[21] Section 35 (5)
Omit "section 67 (paragraphs (d) and (e) excepted)".
Insert instead "section 68 of the Civil Procedure Act 2005".
[22] Section 36 (5) and (6)
Omit section 36 (5)(7). Insert instead:
(5) Proceedings that are before a Commissioner under section 34, or
under this section, may be referred or removed for hearing and
determination by a Judge in the same way as proceedings before
an associate Judge may be referred or removed for hearing and
determination by a Judge in the Supreme Court.
(6) The power of a Commissioner to refer proceedings pursuant to
subsection (5) is subject to any contrary order of the Chief Judge.
Page 17
Courts Legislation Amendment Bill 2007
Schedule 6 Amendment of Land and Environment Court Act 1979 No 204
[23] Section 61 Manner in which appeals to the Court to be made
Omit section 61 (1).
[24] Part 5A Mediation and neutral evaluation
Omit the Part.
[25] Section 65 Issue of process
Omit "prescribed by the rules".
Insert instead "approved under section 77A".
[26] Section 67 Powers of the Court as to the production of evidence
Insert at the end of the section:
(2) This section does not apply to proceedings in Class 1, 2, 3 or 4 of
the Court's jurisdiction.
[27] Section 68 Amendments and irregularities
Insert after section 68 (3):
(4) This section does not apply to proceedings in Class 1, 2, 3 or 4 of
the Court's jurisdiction.
[28] Sections 6969B
Omit the sections.
[29] Section 71 Proceedings in Supreme Court
Insert after section 71 (1):
(2) The jurisdiction conferred on the Court in respect of proceedings
referred to in section 20 (1) (e) is not limited by any provision of
the Civil Procedure Act 2005 or the uniform rules under that Act.
[30] Section 72 Transfer of proceedings from Supreme Court
Insert at the end of the section:
(2) This section does not apply to proceedings in Class 1, 2, 3 or 4 of
the Court's jurisdiction.
Page 18
Courts Legislation Amendment Bill 2007
Amendment of Land and Environment Court Act 1979 No 204 Schedule 6
[31] Section 73
Omit the section. Insert instead:
73 Proceedings after transfer (cf Civil Procedure Act 2005, section 148)
(1) Subject to the rules, any proceedings with respect to which an
order under section 72 is made are to continue in the Court as if
they had been duly commenced in the Court on the date on which
they were commenced in the Supreme Court.
(2) For the purposes of any proceedings continued in the Court, any
admission duly made in the Supreme Court is to be treated as if it
had been duly made in the Court.
(3) Subject to the rules, the power of the Court to make orders as to
costs includes a power to make orders with respect to the costs of:
(a) the application for, and the making of, the order under
section 72, and
(b) any step taken in the proceedings before the order under
section 72 was made.
[32] Section 74 Rules
Omit section 74 (1) (a1).
[33] Section 74 (6)(8)
Omit section 74 (6) and (7). Insert instead:
(6) This section does not give power to make rules with respect to
any matter for which rules may be made under section 38 of the
Legal Profession Act 2004 or any matter relating to costs that is
regulated by Part 3.2 of that Act.
(7) The rules made under this section may authorise or require the
use of an electronic case management system established under
section 14B of the Electronic Transactions Act 2000 in relation
to any proceedings in a court in respect of which the use of such
a system is authorised by an order in force under section 14C of
that Act.
(8) The rules made under this section may provide for the exercise by
the Registrar or any other officer of the Court of any of the
Court's administrative or judicial functions under this or any
other Act and for the review by the Court of the exercise by the
Registrar or any other such officer of any such function.
Page 19
Courts Legislation Amendment Bill 2007
Schedule 6 Amendment of Land and Environment Court Act 1979 No 204
[34] Sections 7577A
Insert after section 74:
75 Court may dispense with rules in particular cases (cf Civil Procedure
Act 2005, section 14)
The Court may, by order, dispense with any requirements of the
rules if satisfied that it is appropriate to do so in the circumstances
of the case.
76 Practice notes (cf Civil Procedure Act 2005, section 15)
(1) Subject to the rules, the Chief Judge may issue practice notes in
relation to any matter with respect to which rules may be made.
(2) Part 6 of the Interpretation Act 1987 applies to a practice note
issued under this section in the same way as it applies to a rule of
court.
(3) This section does not apply to proceedings in Class 1, 2, 3 or 4 of
the Court's jurisdiction.
77 Court may give directions in circumstances not covered by rules
(cf Civil Procedure Act 2005, section 16)
(1) In relation to particular proceedings, the Court may give
directions with respect to any aspect of practice or procedure for
which the rules or practice notes do not provide.
(2) Anything done in accordance with such a direction (including the
commencing of proceedings and the taking of any step in
proceedings) is taken to have been validly done.
(3) This section does not apply to proceedings in Class 1, 2, 3 or 4 of
the Court's jurisdiction.
77A Forms (cf Civil Procedure Act 2005, section 17)
(1) The Chief Judge:
(a) may approve forms for documents to be used in connection
with proceedings, and
(b) in the case of documents filed with a court, or issued by a
court, by means of an ECM system within the meaning of
the Electronic Transactions Act 2000, may approve the
format in which such documents are to be filed or issued.
(2) Copies of the approved forms are to be made available for public
inspection at each registry of the Court and on the Court's
internet website.
Page 20
Courts Legislation Amendment Bill 2007
Amendment of Land and Environment Court Act 1979 No 204 Schedule 6
(3) If a form is approved in relation to a document to be used in
connection with proceedings, a document that is filed with or
issued by the Court is to be in that form.
(4) If a form is approved under section 17 of the Civil Procedure Act
2005 in relation to the same matter as that for which a form is
approved under subsection (1), the form to be used is the form
approved under subsection (1).
[35] Schedule 1 The Commissioners
Omit "Public Service Act 1979" from clause 3.
Insert instead "Public Sector Employment and Management Act 2002".
[36] Schedule 3 Savings, transitional and other provisions
Insert before clause 1:
Part 1 General
1A Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
Courts Legislation Amendment Act 2007, but only in relation to
the amendments made to this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than
the State or an authority of the State), the rights of that
person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or
an authority of the State) in respect of anything done or
omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of
other Acts
Page 21
Courts Legislation Amendment Bill 2007
Schedule 6 Amendment of Land and Environment Court Act 1979 No 204
[37] Schedule 3, clause 8
Insert after clause 7:
8 Provisions consequent on enactment of Courts Legislation
Amendment Act 2007
(1) Section 32, as in force immediately before being repealed by
Schedule 6 [13] to the Courts Legislation Amendment Act 2007,
continues to apply to proceedings commenced in a Division of
the Court before, but not yet finalised by, the date of the
commencement of Schedule 6 [13] as if it had not been repealed.
(2) The amendments to this Act that are made by the Courts
Legislation Amendment Act 2007 do not affect the validity of any
form in force before the commencement of Schedule 6 [34] to
that Act.
Page 22
Courts Legislation Amendment Bill 2007
Amendment of Local Courts Act 1982 No 164 Schedule 7
Schedule 7 Amendment of Local Courts Act 1982
No 164
(Section 3)
[1] Section 10CA
Insert after section 10C:
10CA Exercise of functions by registrars, assistant registrars and other
officers of the District Court
(1) A registrar of the District Court may, subject to the rules, exercise
the functions of the registrar of a Local Court and, when
exercising those functions, is taken to be the registrar of the Local
Court.
(2) An assistant registrar of the District Court may, subject to the
rules, exercise the functions of a deputy registrar of a Local Court
and, when exercising those functions, is taken to be a deputy
registrar of the Local Court.
(3) An officer of the District Court may, subject to the rules, exercise
the functions of an officer of a Local Court and, when exercising
those functions, is taken to be an officer of the Local Court.
[2] Part 7, heading
Omit the heading. Insert instead:
Part 7 Civil proceedings in Local Courts
[3] Part 7, Division 1, heading
Omit the heading. Insert instead:
Division 1 Jurisdiction
[4] Section 65 Jurisdiction generally
Insert after section 65 (1) (b):
, and
(c) proceedings that, pursuant to any other Act, are required to
be dealt with by the Court sitting in that Division.
Page 23
Courts Legislation Amendment Bill 2007
Schedule 7 Amendment of Local Courts Act 1982 No 164
[5] Schedule 1 Savings and transitional provisions
Insert at the end of clause 8 (1):
Courts Legislation Amendment Act 2007 (but only to the extent
to which it amends this Act)
Page 24
Courts Legislation Amendment Bill 2007
Amendment of Supreme Court Act 1970 No 52 Schedule 8
Schedule 8 Amendment of Supreme Court Act 1970
No 52
(Section 3)
[1] Section 35 Acting Chief Justice
Omit "may be absent from duty" from section 35 (1).
Insert instead "is absent from duty or there is a vacancy in the office of the
Chief Justice".
[2] Section 35 (1A) and (1B)
Insert after section 35 (1):
(1A) While the Chief Justice is absent from Australia and an Acting
Chief Justice has not been appointed under subsection (1), the
President of the Court of Appeal is taken to be the Acting Chief
Justice.
(1B) The reference to the President of the Court of Appeal in
subsection (1A) does not extend to any Judge of Appeal who is
for the time being acting as President under section 34.
[3] Section 120A Exercise of powers of registrar and deputy registrar by
other officers
Insert before section 120A (1):
(1A) The registrar of the Court of Criminal Appeal may, subject to the
rules, exercise the powers of a registrar of the Supreme Court
and, when exercising those powers, is taken to be a registrar of
the Supreme Court.
(1B) An officer of the Court of Criminal Appeal may, subject to the
rules, exercise the powers of an officer of the Supreme Court and,
when exercising those powers, is taken to be an officer of the
Supreme Court.
[4] Section 123 Rule Committee
Insert after section 123 (9):
(10) A person who, as a purported member, attended a meeting of the
Rule Committee held on or after 1 July 2005 and before 1 July
2007 is taken to have been a duly appointed member of the Rule
Committee during that time and accordingly any rule that was
purportedly made by the Rule Committee during that time is
taken to have been duly made.
Page 25
Courts Legislation Amendment Bill 2007
Schedule 9 Consequential amendments
Schedule 9 Consequential amendments
(Section 4)
9.1 Community Land Management Act 1989 No 202
Section 109 Jurisdiction generally
Omit the section.
9.2 Legal Profession Regulation 2005
Clause 44 Scope of practice--section 188 of the Act
Omit clause 44 (3) (b). Insert instead:
(b) mediation undertaken in accordance with Part 4 of the
Civil Procedure Act 2005.
Page 26
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