Northern Territory Second Reading Speeches
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SMALL CLAIMS AMENDMENT BILL 2001
(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)
Mr Speaker, I move that the bills be now read a second time.
The purpose of the Bills is to clarify that appeals from decisions of Registrars in small claims proceedings (including final decisions) go to Magistrates and not to the Supreme Court under section 19 of the Local Court Act.
The Local Court Amendment Bill amends section 19 of the Local Court Act so that it no longer applies to appeals in small claims matters. Such appeal provisions have been transferred to the Small Claims Act. Housekeeping amendments are also made to section 36A of the Local Court Act to ensure matters specified in the Local Court Regulations are specifically covered by the regulation making power.
An appeal structure for small claims matters will now be found in the Small Claims Act, with appeals from decisions of Registrars going to Magistrates and from decisions of Magistrates to Supreme Court Judges. An appeal from a Magistrate’s decision can only be made after the final order is made by the Magistrate.
Other minor amendments to the Small Claims Act include amendments to section 19 to omit the words that a "judgment of the Court is final and conclusive" whilst retaining the statement that a party may not commence or continue other proceedings for the same case or matter; the repeal of section 49, which required the Registrar to publish details of small claims; and the removal of the matter of fees to Regulations, as occurs in the Supreme Court Act and Local Court Act, by repealing section 45 and inserting a new section 51, being a regulation making power. Section 20 of the Small Claims Act has also been redrafted to ensure the Act provides the basis for an application for rehearing.
I commend the Bills to Honourable Members.
Debate adjourned.
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