New South Wales Consolidated Acts

LOCAL COURTS ACT 1982

- As at 1 September 2008
- Act 164 of 1982

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   5.      Savings and transitional provisions

   PART 2 - LOCAL COURTS OF NEW SOUTH WALES

   6.      Establishment of Courts and appointment of places and districts
   7.      Jurisdiction
   7A.     Divisions of Courts exercising civil jurisdiction
   8.      Composition of a Court
   8A.     Local Courts to be courts of record
   8B.     Local Court to have seal
   9.      Abolition of Courts of Petty Sessions
   10.     Registrars of the Local Court
   10A.    Deputy registrars
   10B.    Functions of registrars
   10C.    Powers of registrar when exercising functions of Local Court
   10CA.   Exercise of functions by registrars, assistant registrars and other officers of the District Court
   10D.    Guidelines for exercise of certain functions
   11.     Sittings of Local Courts

   PART 3 - MAGISTRATES

   12.     Appointment of, and qualifications for, Magistrates
   12A.    Part-time arrangements
   13.     Appointments for limited tenure
   14.     The Chief Magistrate
   14A.    Special provision relating to certain Chief Magistrate
   15.     Deputy Chief Magistrates
   16.     Oaths to be taken by Magistrates
   17.     Jurisdiction of Magistrates
           18-19A. (Repealed)
   20.     Vacation of office
   21.     Additional terms of office
   22.     Conditions of service generally
   23.     Employment of Magistrates in other offices etc
   24.     Remuneration
   25.     Superannuation and certain other rights
   25A.    Extended, annual and sick leave accrued or accruing at time of appointment

   PART 4 - MISCELLANEOUS

   26.     Directions as to procedure
   27.     Periodic reports
   27A.    How contempt of court is to be dealt with
   27B.    Referral of contempt allegations to Supreme Court
   28.     Regulations
   28A.    Rules
   28B.    Tabling and disallowance of practice notes

   PART 5 - RULE COMMITTEES

   29.     Definitions
   30.     Local Court Rule Committee
   31.     Local Court (Civil Claims) Rule Committee
   32.     Deputies
   33.     Chairperson
   34.     Meetings

   PART 6 - APPLICATION PROCEEDINGS IN LOCAL COURTS

           Division 1 - Jurisdiction

   35.     Matters that may be dealt with by Local Courts
   36.     Proceedings to which Part does not apply

           Division 2 - Commencement of proceedings

   37.     Commencement of proceedings by application notice
   38.     Commencement of proceedings by police officer or public officer
   39.     Commencement of private actions
   40.     Form of application notice
   41.     Application notice to be for one cause of action only
   42.     Service of application notice
   43.     When proceedings commence
   44.     Time limit for commencement of proceedings
   45.     Relationship to other law or practice

           Division 3 - Hearing of proceedings

   46.     Time for hearing
   47.     Proceedings to be open to public
   48.     Place of hearing
   49.     Right to defend action
   50.     Right of representation
   51.     Conduct of case
   52.     Evidence to be on oath
   53.     Recording of evidence
   54.     Adjournments
   55.     Irregularity
   56.     Power to dispense with rules
   57.     Power to stay proceedings
   58.     Arrest of respondent during proceedings
   59.     Witnesses and the production of evidence
   60.     Warrants of arrest and warrants of commitment
   61.     Enforcement of orders for payment of money
   62.     Costs
   63.     Rules
   64.     Appeals

   PART 7 - CIVIL PROCEEDINGS IN LOCAL COURTS

           Division 1 - Jurisdiction

   65.     Jurisdiction generally
   66.     Limits may be exceeded for certain money claims
   67.     Limitation of jurisdiction
   68.     Jurisdiction in proceedings for review of contracts
   69.     Jurisdiction when cause of action or defendant outside the State

           Division 2 - Proceedings in Small Claims Division

   70.     Procedure generally in Small Claims Division
   71.     Conciliation of parties

           Division 3 - Appeals from Local Courts

   72.     Judgments and orders final
   73.     Appeals as of right
   74.     Appeals requiring leave
   75.     Determination of appeals

           Division 4 - Miscellaneous

   76.     Appointment of, and qualifications for, Assessors
   77.     Consequences of abolition of Court
   78.     Governor may deprive Court of civil jurisdiction
   79.     Rules
           SCHEDULE 1
           SCHEDULE 2