New South Wales Consolidated Acts

DISTRICT COURT ACT 1973 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions consequent on amendments to this Act

Part 1 - Preliminary

1 Regulations

(1A) The Governor may make regulations for the purposes of this Part.

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Courts Legislation Further Amendment Act 1998 , but only in relation to the amendments made to this Act

District Court Amendment Act 1997

Courts Legislation Amendment (Civil Juries) Act 2001 , but only in relation to the amendments made to this Act

Courts Legislation Amendment Act 2003 , but only in relation to the amendments made to this Act

Courts Legislation Amendment Act 2004 , but only in relation to the amendments made to this Act

Courts Legislation Amendment Act 2006 , to the extent that it amends 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 - Provision consequent on enactment of District Court Amendment Act 1997

2 Definition

In this Part, "the amending Act" means the District Court Amendment Act 1997 .

3 Causes of action generally

Sections 44, 48, 49, 51, 79, 134 and 134A, as amended by the amending Act, extend to apply in respect of any cause of action that accrued before their amendment by that Act.

4 Motor accident claims

The Court may, on the application of the plaintiff in a motor accident claim that was pending at the time the amendment of section 44 (1) by the amending Act took effect, by order determine that the amount recoverable by the plaintiff is not limited to any amount claimed in the pleadings.

5 Transfer of proceedings to or from the Court

Sections 143 and 145, as amended by the amending Act, extend to apply to proceedings instituted before their amendment by that Act.

Part 3 - Provision consequent on enactment of Courts Legislation Amendment Act 1998

6 Appeals from applications for summary judgment

The amendment made to section 127 by the Courts Legislation Amendment Act 1998 does not apply to applications for summary judgment made before the commencement of the amendment.

Part 4 - Provision consequent on enactment of Courts Legislation Further Amendment Act 1998

7 Application of jurisdictional amendment to causes of action

(1) Section 47 of this Act (as inserted by Schedule 1 [1] to the amending Act) does not apply to any cause of action that arose before the commencement of that item.

(2) Any rules prescribed for the purposes of section 47 (1) (as in force immediately before the commencement of Schedule 1 [1] to the amending Act) conferring powers on the registrar are taken to have been made for the purposes of section 47 (1) (as inserted by Schedule 1 [1] to the amending Act).

(3) In this clause, "amending Act" means the Courts Legislation Further Amendment Act 1998 .

Part 5 - Provision consequent on enactment of Courts Legislation Amendment (Civil Juries) Act 2001

8 Application of amendments

A provision of subdivision 8 of Division 3 of Part 3, as in force immediately before its amendment by the Courts Legislation Amendment (Civil Juries) Act 2001 , continues to apply in relation to actions commenced but not finally determined before the commencement of that amendment as if the provision had not been amended.

Part 6 - Provisions consequent on enactment of Courts Legislation Further Amendment Act 2001

9 Application of amendments

(1) Section 63A and Part 3A, as amended by the Courts Legislation Further Amendment Act 2001 , extend to and in respect of proceedings instituted before the amendments took effect, except as provided by subclause (2).

(2) The amendments made by that Act to Part 3A have no effect in relation to a matter that, at the time the amendments took effect, had already been referred for mediation or neutral evaluation under that Part.

Part 7 - Provisions consequent on enactment of Courts Legislation Amendment Act 2003

10 Application of amendments to existing sittings directions

(1) Any direction given under section 32 before the commencement of Schedule 3 [2] to the Courts Legislation Amendment Act 2003 and in force immediately before that commencement continues to have effect under the corresponding provisions of section 32 as inserted by that Schedule until it is revoked or varied by order of the Chief Judge.

(2) Any direction given under section 173 before the commencement of Schedule 3 [4] to the Courts Legislation Amendment Act 2003 and in force immediately before that commencement continues to have effect under the corresponding provisions of section 173 as inserted by that Schedule until it is revoked or varied by order of the Chief Judge.

Part 8 - Provisions consequent on enactment of Courts Legislation Amendment Act 2006

11 Application of amendments to existing interlocutory orders

Section 127 (1), as amended by the Courts Legislation Amendment Act 2006 , extends to an interlocutory order made in proceedings that were instituted before the commencement of that amendment but not finally determined before that commencement.

12 Proceedings to set aside or vary judgment or order of Judicial Registrar

(1) The amendments made to section 18FB by the Courts Legislation Amendment Act 2006 do not extend to an application to set aside or vary a judgment or order of the Judicial Registrar that has been made before the commencement of those amendments but not finally determined before the commencement of those amendments.

(2) Such an application may be dealt with as if those amendments had not commenced.