New South Wales Repealed Acts

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This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 4

Definitions

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"Assessor" means a person appointed as an Assessor under section 10.
"attorney" means an attorney of the Supreme Court.
"barrister" means a barrister-at-law admitted by the Supreme Court.
"commercial agent" means a licensed commercial agent within the meaning of the Commercial Agents and Private Inquiry Agents Act 1963 .
"court" means a Local Court, other than a Local Court in respect of which an order under section 77 (3) is in force.
"cross-claim" includes cross-action and set-off.
"district" means a district appointed under section 6 (1) of the Local Courts Act 1982 for which a court shall be held.
"Division" means a Division of a court specified in section 6.
"garnishee" means a person who is required to make a payment under a garnishee order.
"garnishee order" means an order made under section 47.
"Local Court" means a Local Court established under the Local Courts Act 1982 .
"Magistrate" means a Magistrate within the meaning of the Local Courts Act 1982 .
"Rule Committee" means the Local Court (Civil Claims) Rule Committee established under the Local Courts Act 1982 .
"rules" means rules made under this Act.
"subagent" means a subagent within the meaning of the Commercial Agents and Private Inquiry Agents Act 1963 employed by a commercial agent.
"writ of execution" means a writ of execution issued under section 58.
(2) A reference in this Act to the court for a district shall where there is more than one court for a district be construed as a reference to any court for that district.
(3) A reference in this Act to:
(a) the giving of a judgment is a reference to the recording and delivering of a judgment, not being a judgment under any provision of the rules prescribed for the purposes of this paragraph, and
(b) to the entering up of a judgment is a reference to the entering up of a judgment in accordance with any provision of a rule so prescribed.
(4) In this Act:
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.



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