New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 86)

Part 1 - Provisions consequent on enactment of Local Courts (Civil Claims) (Garnishee Proceedings) Amendment Act 1987

1A Definition

In this Part, "amending Act" means the Local Courts (Civil Claims) (Garnishee Proceedings) Amendment Act 1987 .

1B Garnishee orders

(1) The amendments effected to this Act by the amending Act do not apply to or in respect of a garnishee order made under section 47 before 1 January 1988 (the date of commencement of the amending Act).

(2) Subject to subclause (1), this Act, as amended by the amending Act, applies to and in respect of a judgment debt arising before 1 January 1988 as well as to and in respect of a judgment debt arising after 1 January 1988.

(3) This clause is taken to have commenced on 1 January 1988.

(4) Subclauses (1) and (2) re-enact (with minor modification) section 4 of the amending Act. Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

Part 2 - Provisions consequent on enactment of Local Courts (Civil Claims) Amendment Act 1987

1C Definition

In this Part, "amending Act" means the Local Courts (Civil Claims) Amendment Act 1987 .

1D Savings and transitional provisions in rules

(1) The rules may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.

(2) A provision referred to in subclause (1) may, if the rules so provide, take effect as from the date of commencement of the relevant provision of the amending Act or a later day.

(3) To the extent to which a provision referred to in subclause (1) 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 therein, 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 therein.

(4) This clause is taken to have commenced on 16 December 1987 (the date of assent to the amending Act).

(5) Subclauses (1), (2) and (3) re-enact (with minor modification) section 4 of the amending Act (which is uncommenced).

Part 3 - Provisions consequent on enactment of Local Courts (Civil Claims) Amendment Act 1990

1E Definition

In this Part, "amending Act" means the Local Courts (Civil Claims) Amendment Act 1990 .

1F Application to certain actions

(1) The amendments made to this Act by the amending Act do not apply to actions commenced in a Local Court before 1 September 1991 (the date of commencement of Schedule 1 (2) of the amending Act).

(2) This clause is taken to have commenced on 1 September 1991.

(3) Subclause (1) re-enacts (with minor modification) section 5 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.

Part 4 - Provisions consequent on enactment of Courts Legislation (Amendment) Act 1993

1 Variation in jurisdiction

If an action is pending in a Local Court on the commencement of section 12 as substituted by the Courts Legislation (Amendment) Act 1993 to recover the value of goods, the court may make an order for the recovery of the goods.

2 Limitation on time of execution of certain writs

Property may not be seized or taken under a writ of execution at any time between 8 pm on one day and 7 am on the next day, if the writ was issued under Division 4 of Part 5 before the date of assent to the Courts Legislation (Amendment) Act 1993 .

Part 5 - Provision consequent on enactment of Courts Legislation Amendment Act 1998

3 Rules and regulations

The repeal of section 10F does not affect the status of rules and regulations made under this Act and in force at the commencement of this Part.

Part 6 - Provision consequent on enactment of Courts Legislation Amendment Act 1999

4 Increase in jurisdiction of Small Claims Division

The amendments made to section 12 of this Act by the Courts Legislation Amendment Act 1999 do not apply in respect of proceedings commenced before those amendments.

Part 7 - Provision consequent on enactment of Courts Legislation Amendment Act 2000

5 Validation of rules

Any rule made (or purporting to be made) under section 34 (2) before the commencement of Schedule 12 [1] to the Courts Legislation Amendment Act 2000 that could have been made under section 34 (2) (as amended by that Schedule) is taken to be made under that subsection as so amended.

Part 8 - Provisions consequent on enactment of Courts Legislation Amendment Act 2001

6 Sheriff or bailiff to take under writ of execution

(1) Section 59, as amended by Schedule 7 to the Courts Legislation Amendment Act 2001 , applies to and in respect of writs of execution issued on or after the commencement of that amendment.

(2) Section 59, as in force immediately before its amendment by the Courts Legislation Amendment Act 2001 continues to apply to and in respect of writs of execution issued before the commencement of that amendment.

Part 9 - Provision consequent on enactment of Courts Legislation Further Amendment Act 2001

7 Application of amendment

Section 21H, as amended by the Courts Legislation Further Amendment Act 2001 , extends to and in respect of proceedings instituted before the amendment took effect.

Part 10 - Provision consequent on enactment of Courts Legislation Amendment Act 2003

8 Increase in jurisdiction of General Division

The amendments made to section 12 of this Act by the Courts Legislation Amendment Act 2003 do not apply in respect of proceedings commenced before the commencement of those amendments.