New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (3))
(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment of the following Acts:this ActCourts Legislation Amendment Act 2006 , to the extent that it amends this ActCourts Legislation Further Amendment Act 2006 (but only to the extent that it amends this Act)Courts Legislation Amendment Act 2007 (but only to the extent to which it amends this Act)Courts and Crimes Legislation Amendment Act 2009 (but only to the extent to which it amends this Act)Courts Legislation Amendment Act 2010 (but only to the extent that it amends this Act)Courts and Crimes Legislation Further Amendment Act 2010
(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.
In this
Part:
"the old legislation" means the Supreme Court Act 1970 , the
District Court Act 1973 and the Local Courts (Civil Claims) Act 1970 , and the
rules of court made under those Acts, as in force immediately before the
commencement of this clause.
The Local Courts (Civil Claims) Rules 1988 are taken to have been made under the Local Courts Act 1982 , and may be amended and repealed accordingly.
The following regulations are taken to have been made under section 18, and may be amended and repealed accordingly:
(a) the Supreme Court Regulation 2000 ,
(b) the District Court Regulation 2000 ,
(c) the Local Courts (Civil Claims) Regulation 2000 .
(1) Subject to subclause (2), this Act and the uniform rules apply to proceedings commenced before the commencement of this Act in the same way as they apply to proceedings commenced on or after that commencement.
(2) A court before which proceedings have been commenced before the commencement of this Act 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.
(1) Subject to subclause (2), section 21 extends to:(a) any debt arising under an agreement entered into before the commencement of that section, and(b) any other debt arising before the commencement of that section.
(2) The court may order that section 21 does not apply to a debt referred to in subclause (1) (a) if it is satisfied that it would be in the interests of justice to make such an order.
Section 65 extends to any proceedings commenced before the commencement of that section.
Any delegation that was in force immediately before the commencement of this Act under a provision of the old legislation for which there is a corresponding provision in this Act is taken to be a delegation in force under the corresponding provision of this Act.
Subject to this Schedule and the regulations, in any Act or instrument:
(a) a reference to a provision of the old 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 old 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.
Subject to this Schedule and the regulations:
(a) anything begun before the commencement of this Act under a provision of the old legislation for which there is a corresponding provision in this Act or the uniform rules may be continued and completed under the old legislation as if this Act had not been enacted, and
(b) subject to paragraph (a), anything done under a provision of the old 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.
(1) In the definition of "motor accident claim" in section 3 (1), the reference to a claim within the meaning of the Motor Accidents Compensation Act 1999 includes a reference to a claim within the meaning of Part 5 of the Motor Accidents Act 1988 .
(2) In section 81 (2), the reference to an award of damages to which Chapter 5 of the Motor Accidents Compensation Act 1999 applies includes a reference to an award of damages to which Part 6 of the Motor Accidents Act 1988 applies.
(1) Any proceedings taken to have been dismissed under clause 18 of the Civil Procedure Regulation 2005 before the repeal of that clause by the Civil Procedure Amendment (Savings and Transitional) Regulation 2005 are taken to have never been dismissed under that clause and may be continued accordingly.
(2) Subclause (1) does not apply to any such proceedings to the extent to which they relate to a cause of action for which relief has been claimed in fresh proceedings, as referred to in section 91.
(3) The District Court or Local Court, as the case may be, may make such orders as are necessary to enable the proceedings to be continued.
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.
The Land and Environment Court Regulation 2005 is taken to have been made under section 18 and may be amended and repealed accordingly.
(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.
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.
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.
(1) Except as provided by this clause or the regulations, nothing in the new Part affects the commencement or continuance of any action or proceedings of a representative character commenced otherwise than under the new Part before the commencement of that Part.
(2) Subject to subclause (3), the new Part extends to proceedings commenced (but not finally determined) in the relevant court under Division 2 of Part 7 of the uniform rules before the commencement of that Part.
(3) The relevant court may make such orders dispensing with or modifying the requirements of the new Part in relation to proceedings referred to in subclause (2) as the relevant court thinks appropriate or necessary to ensure that justice is done in the proceedings.
(4) In this clause:
"relevant court", in relation to actions or proceedings referred to in subclause (1), means the court or tribunal in which the action or proceedings commenced.
"the new Part" means Part 10 (as inserted by the Courts and Crimes Legislation Further Amendment Act 2010 ).
(1) Part 2A (as inserted by the Courts and Crimes Legislation Further Amendment Act 2010 ) applies only to civil proceedings commenced on or after the application day (regardless of whether the civil dispute to which any such proceedings relate arose before, on or after that day).
(2) The "application day" for the purposes of this clause is:(a) the day that is 18 months after the day on which Schedule 1 to the Courts and Other Legislation Further Amendment Act 2011 commences, or(b) such earlier day as the Governor may appoint by proclamation published on the NSW legislation website.
(3) Subject to the regulations, Part 2A (as inserted by the Courts and Crimes Legislation Further Amendment Act 2010 ) is taken not to have applied to any civil proceedings commenced before the application day. However, any purported compliance with the provisions of that Part before that day does not affect the validity or prevent the continuation of any civil proceedings that have otherwise been duly commenced.