LOCAL COURTS ACT 1904
This legislation has been repealed.
LOCAL COURTS ACT 1904
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Repeal
4A. Saving
PART II -- Courts, magistrates, and officers
5. Appointment of Local Courts
6. Courts to be courts of record
7. Seal of the court
8. Appointment of magistrates
9. Magistrates may act throughout State
10. Place and times of sittings
10A. Magistrate may sit in a place appointed under section 38B
11. Jurisdiction in chambers
12. Deputy magistrate
13. Appointment of clerk and assistant clerks
14. Duties of clerk
15. Minutes of proceedings to be kept
16. Appointment of bailiffs
17. Bailiff’s assistants may act after the death or removal of bailiff
18. Duties of bailiffs
19. Bailiff not required to take out auctioneer’s licence
20. Remuneration of bailiffs
21. Bailiff answerable for escape and neglect to levy execution
22. Bailiff to give security
23. Officer not to be agent of a party
24. Remedies against and penalties on bailiffs and other officers for misconduct
25. No officer to be deemed a trespasser by reason of irregularity
26. Indemnity to persons acting under this Act
28. Privilege
29. Appearance may be in person or by a legal practitioner
PART III -- Jurisdiction
30. In personal actions
31. In case of partnership, intestacy and legacy
32. Equitable claims
33. Powers of court
34. Counterclaims
35. Rules of law to apply in all Local Courts
36. Where action may be commenced
36A. Plaintiff may choose court
37. Court where magistrate can sue and be sued
38. Action against officer
38A. Power of Judge to remove action or matter from one court to another
38B. Changing venue to a place other than a court
39. Consent jurisdiction
PART IV -- Procedure
40. Action commenced by plaint
41. Summons to issue
42. Service
43. Substituted service
44. Proof of service
45. Notice of defence
45A. Listing of action for trial
45B. Pre-trial conference
45C. Delegation
46. Procedure where notice of defence not given -- judgment by default
47. Setting aside judgment by default
47A. Summary judgment or leave to defend where claim for debt or liquidated demand in money
47B. Particulars of defence
48. Notice of special defence
49. Payment into court
50. Confession of or agreement as to debt
51. Judgment on such confession or agreement
53. Bankruptcy not to cause action to abate if trustee elects to continue it
54. One of several persons jointly liable may be sued
55. Partners
56. Executors
57. Infants
58. Joinder of causes of action
59. Cause of action cannot be divided
60. Splitting debt by giving bills etc.
61. Magistrate may change venue
62. Summons to witnesses
63. Penalty on witnesses neglecting summons
64. Magistrate may cause arrest of witness not attending on summons
65. Notice to admit
66. Discovery of documents
67. Inspection of documents
68. Mode of enforcing discovery
69. Examination de bene esse
70. Trial
71. Proceedings at the trial when both parties appear
72. Proceedings when plaintiff does not appear
73. Proceedings when defendant does not appear
74. Proceedings where defendant’s set-off or counterclaim exceeds plaintiff’s claim
75. Magistrate may grant time or adjourn
76. Where defendant appears and admits claim
77. Reference to clerk
78. Rules of evidence
79. Proof to be limited to matter in the summons
80. Affidavits before whom sworn
81. Costs
82. Costs to be taxed
83. Fees to legal practitioners and allowances to witnesses
84. Costs where court has no jurisdiction
85. Costs between solicitor and client
86. Supreme Court costs not recoverable except on certificate of Judge
87. Removal of action to Local Court
88. Actions of tort may be removed from Supreme Court in certain cases
89. Amendment of defects and errors of proceedings etc.
90. Judgment to be final unless new trial granted
91. When judgment does not exceed $100 magistrate may order payment by instalments
91A. Assessment of value of goods
91B. Judgment against one joint debtor
92. Power to refer to arbitration
93. Power to compel attendance of witnesses or production of documents before arbitrators
PART V -- Replevin
94. Actions of replevin
95. Clerk to grant replevins
96. Conditions of security to be given when replevin brought in Supreme Court
97. Conditions of security to be given when replevin brought in Local Court
98. Replevin shall at instance of defendant be removed into Supreme Court by certiorari in certain cases
PART VI -- Recovery of possession of land
98A. Limitation
99. Possession of land may be recovered by landlord when term expired or determined
100. Possession may be recovered for non-payment of rent
101. Plaintiff may claim for rent and mesne profits
102. Sub-tenant served with summons must give notice to his immediate landlord
103. Action to recover land held without right, title or licence
104. Service of summons in action to recover possession of land
105. Warrant to bailiff
106. Duration of warrant
PART VIA -- Actions for small debts
106A. Interpretation of this Part
106B. Election to have action heard under this Part
106C. Actions in which election may be made
106E. Counterclaims
106F. Application of general provisions may be ordered in any case
106G. Effect of orders under sections 106E and 106F
106H. Court may obtain particulars
106I. Settlement
106J. Hearing of action
106K. Evidence
106L. Representation
106M. Costs
106N. Proceedings not subject to appeal or judicial supervision
106O. Application of this Act to actions for small debts
PART VIB -- Small Disputes Division
106P. Division established
106Q. Jurisdiction
PART VII -- Appeals and judicial review
107. Appeals
108. When magistrate to take a note of questions of law
109. When copy of magistrate’s note to be given
110. Hearing of appeal
111. Jurisdiction of Supreme Court and District Court
112. Parties may agree not to appeal
113. Removal of action only in manner provided by this Act
114. When action may be removed
115. Rule or order in lieu of writ of mandamus
116. Magistrate not to be served with notice of application for prohibition
117. Rule or summons to show cause why a writ of certiorari or prohibition should not be issued to be a stay of proceedings
118. Notice of writ of certiorari or prohibition obtained ex parte to be given to clerk and parties
119. Costs
PART VIII -- Enforcement of judgments
120. Action on judgment
121. Clerk to issue warrants of execution
122. Bailiff may take land
123. Notice of sale
124. Magistrate to execute conveyance or transfer
125. Application of section 133 of Transfer of Land Act 1893
126. Bailiff may seize goods
127. Securities seized to be held by bailiff
128. When goods taken in execution may be sold
129. When goods seized landlord may claim certain rent in arrear
130. Power to commit
131. Execution of warrant
132. Discharge on payment of debt and costs
133. Detention of persons arrested
134. Suspension of section 3 of the Debtors Act 1871
135. How execution may be levied at a distance
136. Time of applications for warrants to be entered
137. Priority of execution issuing out of Supreme Court and Local Court
138. Execution after default in instalment may be issued for whole sum
139. Magistrate may suspend execution or order discharge in certain cases
140. Execution to be superseded on payment of debt and costs
141. Cross-judgments to be set off
142. Judgment may be removed to Supreme Court
143. Interpleader
144. Examination of judgment debtor as to debts due to him
145. Power to make garnishee order
146. Service of garnishee order
147. Execution against garnishee
148. Trial of liability of garnishee
149. Lien of third person on debt
150. Trial of claim of third person
151. Discharge of garnishee
152. Attachment book
153. Costs
PART IX -- Supplementary provisions
154. Nearest court, how determined
155. Penalty for disobeying injunction or other order of the court
156. Power of committal for contempt
157. Payment of penalties, how enforced
158. Power to make rules
159. Fees
160. Fees and fines to be paid to the Consolidated Fund
162. Public holidays
163. Effect of non-compliance
SECOND SCHEDULE
THIRD SCHEDULE
Compilation table