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JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - NOTES

- As at 11 November 2009 - Act 125 of 1987

See also:

Statute Law (Miscellaneous Provisions) Bill (No 2) 2009

Reprint history:

Reprint No 1   11 August 1994  

WHEREAS inconvenience and expense have occasionally been caused to litigants by jurisdictional limitations in federal, State and Territory courts, and whereas it is desirable:

(a) to establish a system of cross-vesting of jurisdiction between those courts, without detracting from the existing jurisdiction of any court,
(b) to structure the system in such a way as to ensure as far as practicable that proceedings concerning matters which, apart from this Act and any law of the Commonwealth or another State relating to cross-vesting of jurisdiction, would be entirely or substantially within the jurisdiction (other than any accrued jurisdiction) of the Federal Court or the Family Court or the jurisdiction of a Supreme Court of a State or Territory are instituted and determined in that court, whilst providing for the determination by one court of federal and State matters in appropriate cases, and
(c) if a proceeding is instituted in a court that is not the appropriate court, to provide a system under which the proceeding will be transferred to the appropriate court.
BE it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Jurisdiction of Courts (Cross-vesting) Act 1987 No 125. Assented to 16.6.1987. Date of commencement, secs 1 and 2 excepted, 1.7.1988, sec 2 (2) and GG No 105 of 24.6.1988, p 3263. This Act has been amended as follows:

1992 No 62 Jurisdiction of Courts (Cross-vesting) Amendment Act 1992. Assented to 3.11.1992.
Date of commencement, 29.9.1995, sec 2 and GG No 119 of 29.9.1995, p 6935.
1994 No 32 Statute Law (Miscellaneous Provisions) Act 1994. Assented to 2.6.1994.
Date of commencement of the provisions of Sch 1 relating to the Jurisdiction of Courts (Cross-vesting) Act 1987, assent, Sch 1.
2000 No 80 Federal Courts (Consequential Provisions) Act 2000. Assented to 23.11.2000.
Date of commencement, assent, sec 2.
2001 No 32 Corporations (Ancillary Provisions) Act 2001. Assented to 28.6.2001.
Date of commencement, immediately before the Corporations Act 2001 of the Commonwealth, as originally enacted, comes into operation (ie 15.7.2001), sec 2 and Commonwealth Gazette No S 285 of 13.7.2001.
2005 No 98 Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005.
Date of commencement of Sch 3, assent, sec 2 (2).

Table of amendments

Sec 3 Am 1994 No 32, Sch 1.
Sec 3A Ins 2001 No 32, Sch 2.4.
Sec 4 Am 2000 No 80, Sch 1.6 [1] [2].
Sec 5 Am 2000 No 80, Sch 1.6 [3]-[8]; 2005 No 98, Sch 3.36.
Sec 6 Subst 1992 No 62, sec 3. Am 2000 No 80, Sch 1.6 [9] [10].
Sec 6A Ins 2000 No 80, Sch 1.6 [11].
Sec 10 Am 2000 No 80, Sch 1.6 [12].
Sec 11 Am 2000 No 80, Sch 1.6 [13].
Sec 14 Am 2000 No 80, Sch 1.6 [14].