New South Wales Consolidated Acts

INFANTS' CUSTODY AND SETTLEMENTS ACT 1899 - SECT 10A

10A Extension of jurisdiction

(1) Subject to subsection (2), the jurisdiction conferred on the Supreme Court by this Part may also be exercised by the District Court or by the Local Court.

(2) The Local Court is not competent:

(a) to entertain any application relating to a minor who has attained the age of sixteen years, unless the minor is physically or mentally incapable of self support, or the application is one for the variation or discharge of an order of the Local Court, or

(b) to entertain any application involving the administration or application of any property belonging to or held in trust for a minor (including any related income), or

(c) to award the payment of sums towards the maintenance of a minor exceeding the sum of two dollars per week.

(3) Where the District Court makes or refuses to make an order on an application under this section, the applicant may appeal to the Supreme Court.

(4) Where the Local Court makes or refuses to make an order on an application under this section, the applicant may appeal to the District Court, and Parts 3 and 4 of the Crimes (Appeal and Review) Act 2001 extend to such an appeal.

(5) The court to which the application is made may refuse to make any order, and in such case no appeal shall lie to any court against such refusal, if:

(a) in the case of an application to the District Court-the District Court considers that the matter is one which would be dealt with more conveniently by the Supreme Court, or

(b) in the case of an application to the Local Court-the Local Court considers that the matter is one which would be dealt with more conveniently by the Supreme Court or the District Court.

(6) An order of the District Court or Local Court for the payment of money under this Part is deemed to be a judgment of the District Court or Local Court as the case may be and, subject to subsections (7) and (8), is enforceable as such in a court of competent jurisdiction.

(7) Any order for the payment of a weekly or other periodical sum made by the Local Court in the exercise of the powers and authorities conferred by this Part has effect as an order for the payment, at the weekly or other periods stated in the order, of successive amounts of money equal to the sums specified in the order.

(8) If default is made in the payment of any one or more of the weekly or other periodical sums referred to in subsection (7), the order for the payment of that sum or the total of those sums then in default for any period not exceeding 6 months may be enforced as if the order were an order for the payment of a sum of money equal to that sum or the total of those sums made under the Civil Procedure Act 2005 by the Local Court.

(9) Where an order under this Part contains a provision committing to the applicant or any other person the legal custody of a minor, a copy of the order may be served on any person in whose actual custody the minor may for the time being be, and if such person makes default in complying with such provision the person is liable on summary conviction to a penalty not exceeding 0.1 penalty units per day for each day the person makes default in complying with such provision.

(10) The provisions of sections 10 and 11 of the Children (Criminal Proceedings) Act 1987 apply to proceedings under this Act in the Local Court in the same way as they apply to criminal proceedings.