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COURTS LEGISLATION (CIVIL PROCEDURE) AMENDMENT
BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The objects of this Bill are:
to provide that civil proceedings are to be tried without a jury unless:
(a) * the court orders that the proceedings (or any issues of fact in the
proceedings) should be tried with a jury in the interests of justice; or
* the proceedings arise from a cause of action based on fraud, defamation,
malicious prosecution or false imprisonment; and
(b) to enable the Supreme and District Courts (in certain cases) to order the
defendant in proceedings for the recovery of damages to make one or more
interim payments (in respect of the damages) to the plaintiff during the
course of those proceedings; and
(c) to increase the civil jurisdiction limit of the District Court (from $100,000
to $250,000); and
(d) to increase the civil jurisdictional limits of Local Courts (from $10,000 to
$40,000 for general claims and from $20,000 to $40,000 for motor accident
claims); and
(e) to deny a plaintiff the right to recover interest on an award of damages if the
plaintiff has refused to accept the defendant's prior offer of settlement which
matches, or nearly matches, the award; and
(f) to enable the Supreme Court and the District Court to penalise a solicitor
whose serious neglect, incompetence or misconduct delays proceedings.
A detailed explanation of each amendment is set out in the Bill after the
amendment concerned.
* Amended in committee--see table at end of volume.