JUSTICE LEGISLATION AMENDMENT ACT (NO. 2) 2007

Serial 122
Justice Legislation Amendment Bill (No. 2) 2007
Mr Stirling

A Bill for an Act to amend various Acts administered by the Minister for Justice and Attorney-General

An Act to amend various Acts administered by the Minister for Justice and Attorney-General

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary Matters
Short title

This Act may be cited as the Justice Legislation Amendment Act (No. 2) 2007.

This Act commences on the date fixed by the Administrator by Gazette notice.

Part 2 Amendment of Construction Contracts (Security of Payments) Act
Act amended

This Part amends the Construction Contracts (Security of Payments) Act.

Amendment of section 28 (Applying for adjudication)

(3) Subsection (1) applies to a dispute even if it arises within the 90 day period immediately preceding the commencement of this subsection.

28A Withdrawing an application for adjudication

(1) If a party has applied for adjudication of a dispute under section 28(1), the party may withdraw the application before an adjudicator has been appointed by giving written notice to:

(a) the prescribed appointer served with the application under section 28(1)(c)(ii) or (iii); and

(2) If an adjudicator has been appointed, the party may withdraw the application by giving written notice to:

(3) However, the adjudicator must refuse the withdrawal if:

(a) a party to the contract objects to the withdrawal; and

(b) in the opinion of the adjudicator, the party objecting to the withdrawal has a legitimate interest in obtaining a determination of the application.

Amendment of section 36 (Costs of parties to payment disputes)

(including the costs the parties are liable to pay under section 46)

Amendment of section 39 (Dismissed applications)

Amendment of section 46 (Costs of adjudications)

(a) an adjudicator is appointed to adjudicate a payment dispute; and

(i) the party who applied for the adjudication withdraws the application under section 28A;

(ii) the adjudicator dismisses the application for adjudication under section 33(1)(a);

(iii) the adjudicator makes a determination of the dispute under section 33(1)(b).

(a) to be paid for the adjudicator's work:

(i) at a rate agreed between the adjudicator and the parties that is not more than the maximum rate prescribed by the Regulations; or

(ii) if a rate is not agreed – at the rate published under section 55 for the adjudicator; and

(b) to be reimbursed any expenses reasonably incurred in connection with the work.

Part 3 Amendment of Criminal Property Forfeiture Act
Act amended

This Part amends the Criminal Property Forfeiture Act.

Amendment of section 40 (Interim restraining order)

Amendment of section 51 (Duration of restraining order)

Part 4 Amendment of Legal Profession Act
Act amended

This Part amends the Legal Profession Act.

Amendment of section 4 (Definitions)

determination, for Part 3.3, Division 8, Subdivision 5, see section 351.

Amendment of section 323 (Setting aside costs agreements)

Under section 352, a party to a costs agreement may apply to a reviewer for a review of an order or determination made under this section.

Amendment of section 326 (Notice of client's rights)

(ii) the setting aside of a costs agreement under section 323;

(iii) if the amount in dispute is less than $10 000 – mediation under Division 7; and

Amendment of section 344 (Determination of costs assessment)

(1A) A costs assessor must determine an application for a costs assessment relating to legal costs that have been paid without a bill by:

(a) confirming the amount of the costs paid; or

(b) if the assessor is satisfied the disputed costs are unfair or unreasonable – by substituting for the amount of the costs an amount that, in the assessor's opinion, is a fair and reasonable amount.

Amendment of section 345 (Certificate of determination)

Repeal and substitution of section 346

346 Determination of costs of costs assessment

(1) This section applies if a costs assessor determines under section 344 an application for a costs assessment.

(2) The assessor must, subject to this section, determine the costs of the costs assessment.

(3) The assessor may refer to the Supreme Court a question of law relating to the costs of the costs assessment.

(4) The Court may make the order it considers appropriate concerning the costs of the costs assessment.

(5) On making a determination under subsection (2), an assessor may issue to each party a certificate specifying the costs of the costs assessment.

(6) If the application for a costs assessment has been dealt with by more than one costs assessor, a certificate issued can specify the costs of another costs assessor.

(7) The certificate is, on the filing of the certificate in a court of competent jurisdiction, taken to be a judgment of the court for the amount of unpaid costs.

costs of the costs assessment means the costs incurred by the costs assessor (including the costs related to the assessor's remuneration) in the course of a costs assessment.

Repeal and substitution of section 350

350 Recovery of costs of costs assessment

(1) This section applies if the costs of a costs assessment have been determined under section 346.

(2) Subject to subsection (3), the costs assessor may:

(a) require any party to the costs assessment to pay the costs of the costs assessment; or

(b) determine that the costs of the costs assessment must be shared between the parties to the costs assessment in the way the assessor considers appropriate.

(3) The law practice to which the costs that are the subject of the costs assessment are payable, or were paid, must pay the costs of the costs assessment if:

(a) the assessor is satisfied the law practice failed to comply with Division 3; or

(b) on the assessment the legal costs are reduced by 15% or more.

(4) The assessor may refer to the Supreme Court a question of law relating to the recovery of the costs of the costs assessment.

(5) The Court may make the order it considers appropriate concerning the recovery of the costs of the costs assessment.

Amendment of section 351 (Definition)

determination, of a costs assessor, includes an order or determination of a costs assessor made under section 323.

Amendment of section 352 (Application by party for review of determination)

(1) An application to a reviewer for a review of a determination of a costs assessor may be made:

(a) for a determination under section 323 – by a party to the costs agreement; or

(b) for a determination under section 344 or 346 – by a party to the costs assessment.

(a) unless the reviewer allows further time – be made within 28 days after:

(i) for a determination under section 323 – the determination is made; or

(ii) for a determination under section 344 – the issue of the certificate under section 345 specifying the determination; or

(iii) for a determination under section 346 – the issue of the certificate under that section specifying the determination; and

Amendment of section 353 (Reviewer may review determination of costs of costs assessment)

Amendment of section 358 (Recovery of costs of review)

Amendment of section 361 (Appeal against determination or decision)

(1) Section 361(1), all the words after "a review"

(2) However, Subdivision 6 applies in relation to a determination or decision of a reviewer under this Subdivision as if references to a costs assessor were references to the reviewer.

Amendment of section 366 (Costs assessors)

Part 5 Amendment of Victims of Crime Assistance Act
Act amended

This Part amends the Victims of Crime Assistance Act.

Amendment of section 61 (Imposition of levy)

Northern Territory Bills

JUSTICE LEGISLATION AMENDMENT ACT (NO. 2) 2007