DISTRICT COURT ACT 1973 - SECT 187
References to District Court in existing instruments
DISTRICT COURT ACT 1973 - SECT 187
References to District Court in existing instruments
187 References to District Court in existing instruments
(1) In an instrument--
(a) subject to paragraphs (b) and (c), a reference to a
former Court shall be read and construed as a reference to the new Court,
(b)
subject to paragraph (c), a reference to a former Court within the
jurisdiction of which, or within the district of which, or of or for the
district where, or having or exercising jurisdiction within the district
where, a place, building, institution or any other matter or thing is
situated, or an event occurred or is occurring or is expected to occur, or a
person has his or her place of abode or resides or carries on his or her
business, shall be read and construed as a reference to the new Court sitting
at the nearest proclaimed place to the place where that place, building,
institution, matter or thing is situated, or that event occurred or is
occurring or is expected to occur, or that person has his or her place of
abode or resides or carries on his or her business, and
(c) a reference to a
former Court occurring in conjunction with or in relation to a reference to a
district shall, if the rules so provide, be read and construed as a reference
to the new Court sitting at the proclaimed place specified in or determined in
accordance with the rules.
(2) In an instrument, a reference to the
Metropolitan District Court (however expressed) shall be read and construed as
a reference to the new Court sitting at Sydney.
(3) Where under any
instrument any power is vested in a former Court, the power shall be exercised
by the new Court in all respects as it might have been exercised immediately
before the commencement of this section, but in accordance with this Act and
the rules.
