(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: action means action in the Court, but does not include any proceedings under Division 8 of Part 3 or under Part 4.admitted set-off , in relation to an action, means set-off admitted by the plaintiff in the document lodged by the plaintiff to commence the action or, where a defendant pleads a cross-claim, by the defendant in the prescribed notice of the cross-claim.barrister means person who is on the roll of barristers in the Supreme Court.Chief Judge means Chief Judge of the Court.civil procedure rules means rules of Court made and in force under Part 3.civil proceedings means proceedings in the Court in its civil jurisdiction.corporation includes any body of persons that may by law sue or be sued, whether in its own name or in the name of any officer or other person.criminal procedure rules means rules of Court made and in force under Part 4.criminal proceedings means proceedings in the Court in its criminal jurisdiction.file , in relation to any proceedings, means lodge with the registrar for the proper place in relation to the proceedings, for inclusion in the record of the Court.Judge means Judge of the Court.judgment , in relation to an action, means judgment given or entered up in the action.land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity.motor accident claim means a claim for damages arising from the death of, or injury to, a person where the death or injury has been caused by an act or omission of the owner or driver of a motor vehicle in the use or operation of the vehicle.officer , in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation.prescribed means prescribed by this Act or the rules.proceedings :
(a) where occurring in a provision of Part 3 and in subsections (3) and (5), means civil proceedings, (b) where occurring in a provision of Part 4, means criminal proceedings, and (c) where occurring in any other provision of this Act, shall be construed according to the context in which the expression occurs. proclaimed place means a place for the time being specified in a proclamation under section 18F.proper place , in relation to any proceedings in the Court in its civil jurisdiction:
(a) where there has been no change of venue in respect of the proceedings—means the proclaimed place at which the proceedings were commenced, (b) where there has been only one change of venue in respect of the proceedings—means the proclaimed place to which the venue was changed, or (c) where there have been two or more changes of venue in respect of the proceedings—means the proclaimed place to which the venue was last changed. registry , in relation to a proclaimed place, means the office of the registrar for the proclaimed place.Rule Committee means the District Court Rule Committee established under section 18A.solicitor means attorney, solicitor and proctor of the Supreme Court.the Court orthe District Court means the District Court of New South Wales, and includes all registries and offices of the Court, whether they are within the precincts of the Court or not.the registrar , in relation to any proceedings, means the registrar for the proper place in relation to the proceedings, and, where any other registrar is authorised by or under this Act to exercise or discharge any power, authority, duty or function of the registrar for that place, includes that other registrar when exercising or discharging that power, authority, duty or function.the rules means:
(a) where occurring in Part 3 and Division 2 of Part 6, the civil procedure rules, and (b) where occurring in Part 4, the criminal procedure rules. work injury damages claim means a claim for an award of damages to which Division 3 (Modified common law damages) of Part 5 of theapplies. Workers Compensation Act 1987 writ against the person means writ against the person issued under section 113.writ of execution means writ of execution issued under section 107.(2) A reference in this Act:
(a) to 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 civil procedure 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 the civil procedure rules so prescribed. (3) A reference in this Act to the commencement of proceedings at a proclaimed place (however expressed) is a reference to the commencement of those proceedings by the lodging of the document commencing the proceedings with the registrar for that place. (4) A reference in this Act to the issue of a document at a proclaimed place (however expressed) is a reference to the issue of that document by the registrar for that place.
(1) The Governor may, by commission under the public seal of the State, appoint any qualified person as a Judge. (2) In this section: qualified person means any of the following persons:
(a) a person who is a legal practitioner of at least 7 years’ standing, (b) a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory. (c), (d)
(1) The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge for a time not exceeding 12 months to be specified in the commission. (2) In subsection (1), qualified person means a person qualified for appointment as a Judge.(3) The person so appointed, for the time and subject to the conditions or limitations specified in the person’s commission, shall have the powers and authorities and fulfil the duties of the Judge and shall, for the purposes of this or any other Act (other than the ), be deemed to be a Judge. Statutory and Other Offices Remuneration Act 1975
(1) The Rule Committee shall be composed of no fewer than 9 and no more than 10 members. (2) Of the members of the Rule Committee:
(a) one shall be the Chief Judge, (b) six shall be Judges other than the Chief Judge, (c) one shall be a barrister, and (d) one shall be a solicitor. (3) If the Minister thinks it appropriate to do so, the Minister may, by instrument in writing, appoint as a member of the Rule Committee a person who, in the Minister’s opinion, is suitably qualified to hold that position.
(1) The procedure for calling meetings of the Rule Committee and for the conduct of business at those meetings shall, subject to any procedure that is prescribed by or under this Act, be as determined by the Rule Committee. (2) Five members of the Rule Committee shall form a quorum and any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and shall have and may exercise all the powers, authorities, duties and functions of the Rule Committee. (3) The chairman of the Rule Committee or, in the absence of the chairman, the deputy chairman of that Committee shall preside at a meeting of that Committee.
(1) Subject to and in accordance with the , a person shall be appointed to hold office as the Secretary to the Rule Committee. Public Service Act 1979
(1) There shall be a registrar of the Court for each proclaimed place.
(1) An assistant registrar for a proclaimed place shall have and may exercise such of the functions of the registrar for that proclaimed place as may be specified in the civil procedure rules or the criminal procedure rules, and may exercise any or all of those functions in respect of that proclaimed place only.
(1) The Minister may, by order in writing, appoint a person to act in the office of registrar or assistant registrar during:
(a) an absence from duty of the registrar or assistant registrar, or (b) a vacancy of not more than 6 months’ duration in the office of the registrar or assistant registrar. (2) The Minister may delegate to the Director-General of the Attorney General’s Department the Minister’s power of appointment under this section. (3) While acting in the office of registrar or assistant registrar, a person so appointed has and may exercise all the functions of that office. (4) Any act, matter or thing done by a person while purporting to exercise a function conferred by this section is not ineffective or unlawful by reason only that either of the circumstances referred to in subsection (1) (a) or (b) did not exist when the act, matter or thing was done. (5) Any act, matter or thing done by a person while acting in the office of registrar or assistant registrar is taken to have been done by the registrar or assistant registrar, as the case requires.
(1) In this section, year means any period of twelve months ending on the thirty-first day of December.(2)
(1) A party to any proceedings may appear:
(a) by a barrister or solicitor retained by or on behalf of that party, or by a solicitor employed (as an agent or otherwise) by a solicitor so retained, or (b) if no barrister or solicitor is so retained and:
(i) if that party is a natural person—by himself or herself, or (ii) if that party is a corporation—by an officer of the corporation authorised in that behalf by the corporation in accordance with the rules, or by another person allowed by leave of the Court granted in the particular proceedings to appear on that party’s behalf. (2) Subject to and in accordance with the rules, a person appearing in any proceedings may address the Court and examine and cross-examine witnesses.
(1) The Court has jurisdiction in accordance with this Act to hear and dispose of an action, and a registrar may exercise the powers conferred on the registrar by any of the rules prescribed for the purposes of this subsection, regardless of whether the cause of action to which the action relates arose wholly or partly outside New South Wales if the defendant has been duly served with the document commencing the action.
(1) An action in which the amount claimed does not exceed $4,000 and which could have been commenced in a Local Court shall not be commenced in the District Court except with the leave of the District Court, which leave may be given on terms.
(1) In this section memorandum of consent in relation to an action or cross-claim means a document signed by each party to the action or cross-claim, or the party’s solicitor, in which it is stated that each of those parties consents to the action or cross-claim being tried in the Court and is aware that, unless the document is filed, the Court will not have jurisdiction to dispose of the action or cross-claim.
(1) In any action for the recovery of damages, the Court may, in accordance with this section, order a defendant in the action to make one or more payments to the plaintiff of part of the damages sought to be recovered in the action. (2) The Court may make such an order against a defendant on the application of the plaintiff at any stage of the action.
(1) This section applies to an action in which a defendant makes one or more interim payments.
(1) Except as provided by subsection (3), the Court sitting at a proclaimed place prescribed by the rules for the purposes of this section at any time may, whether of its own motion or on application, order that, in accordance with the rules, an action before it under this Part (Division 8 excepted) be referred for determination pursuant to the by an arbitrator or arbitrators holding office under section 5 (2) of that Act. Arbitration (Civil Actions) Act 1983 (2) The Court shall, before making an order under subsection (1) in relation to an action:
(a) consider the preparations for trial of the action, (b) as far as possible, deal with all matters that may be dealt with by the Court on application to the Court before trial of the action, and (c) give such directions for the conduct of the proceedings before the arbitrator as appear best adapted for the just, quick and cheap disposal of the proceedings.
(1) On request by a party to an action, the registrar for any proclaimed place (whether or not that place is the proper place in relation to the action) shall, subject to the rules, issue:
(a) a subpoena to give evidence, requiring a person specified therein to attend and give evidence at any hearing of the action or of proceedings ancillary to the action, as directed by the subpoena, or (b) a subpoena for production, requiring a person specified therein to attend and produce, for the purpose of evidence, at any hearing of the action or of proceedings ancillary to the action any document or thing that is in the person’s possession or control and specified in the subpoena, as directed by the subpoena. (1A) A subpoena for production of a document or thing may authorise compliance with the subpoena by the production of the document or thing to a specified person at a specified place. However, the person who is required by the subpoena to produce a document or thing can still elect to produce the document or thing at the specified hearing of the action or of proceedings ancillary to the action.
(1) Where the attendance of a person at the hearing of an action is required by a subpoena issued under section 64:
(a) for the purpose of giving evidence at the hearing, or (b) for the production at the hearing of a document or thing, and the person defaults in attending the hearing as required by the subpoena, the Court may, on the application of a party or of its own motion:
(c) issue, or make an order for the issue of, a warrant to the Sheriff or a bailiff, or to such other person as the Court may appoint, directing the defaulting person to be arrested and brought before the Court or a registrar and, where appropriate, to be kept in custody as required by subsection (3), or (d) order the defaulting person to appear before the Court to show cause as to why such a warrant should not be issued against that person, and in either case order the defaulting person to pay any costs attributable to the default. (2) A person arrested pursuant to a warrant issued under subsection (1) shall be brought before the Court or a registrar as soon as practicable. (3) Where a person is brought before a registrar under subsection (2), the person shall be kept in custody as directed by the warrant until:
(a) the person is brought before the Court or the person’s earlier release is ordered by the Court or the Supreme Court, or (b) the person gives, in accordance with the rules, an undertaking to comply with the requirement referred to in subsection (1). (4) Where a person is brought before the Court under subsection (2) and the requirement referred to in subsection (1) is for the production of a document or thing, the person is guilty of contempt of court committed in the face of the Court unless the person produces the document or thing, or gives, in accordance with the rules, an undertaking to comply with the requirement.
(1) An action is to be tried without a jury, unless the Court orders otherwise.
(1) In an action the Judge shall determine all questions of law. (2) In an action the Judge shall, subject to subsection (5), determine all questions of fact unless a jury has been summoned.
(1) In an action relating to the detention of goods, the Court may, if it finds for the plaintiff, give judgment:
(a) for delivery of the goods to the plaintiff, (b) for delivery of the goods to the plaintiff, but giving the defendant the option of retaining the goods and paying the plaintiff the value of the goods, as assessed by the Court, or (c) for payment to the plaintiff of the value of the goods, as so assessed, together with, in any of the cases mentioned in paragraphs (a), (b) and (c), any consequential damages.
(1) In any proceedings for the recovery of any money (including any debt or damages or the value of any goods) the Court may order that there shall be included, in the amount for which judgment is given, interest at such rate as it thinks fit on the whole or any part of that amount for the whole or any part of the period between the date when the cause of action arose and the date when judgment takes effect. (1A) Where:
(a) proceedings have been commenced for the recovery of a debt or liquidated demand, and (b) payment of the whole or a part of the debt or demand is made during the currency of the proceedings and prior to or without judgment being given in respect of the debt or demand, the Court may order that interest be paid at such rate as it thinks fit on the whole or any part of the money paid for the whole or any part of the period between the date when the cause of action arose and the date of the payment.
(1) Unless the Court orders in any particular case that interest be not payable, interest shall, subject to subsection (3), be payable on so much of the amount of a judgment debt as is from time to time unpaid.
(1) Where a judgment debt arising from an action has not been satisfied, the judgment creditor may apply in the prescribed manner to the registrar for the issue of, and the registrar may issue, a summons directed:
(a) where the judgment debtor is not a corporation—to the judgment debtor, or (b) where the judgment debtor is a corporation—to an officer or former officer of the corporation. (1A) Before issuing an examination summons under subsection (1), the registrar shall, for the purposes of subsection (2) (a), determine the place, being either a proclaimed place or a place specified in a direction in force under section 90A, that, in the opinion of the registrar, is the most easily accessible to the person to whom the summons is to be directed. (2) The examination summons:
(a) shall summon the person to whom it is directed to attend before the registrar or an assistant registrar at the place determined under subsection (1A) and specified in the summons, (b) shall summon that person so to attend on a day and at a time fixed by the issuing registrar and specified in the summons, and thereafter as required by the registrar or an assistant registrar at the place so determined, to be orally examined as to the matters referred to in subsection (3), and (c) may require that person to produce to the registrar or assistant registrar, at the examination referred to in paragraph (b), any document or thing in that person’s possession or control which tends to show the judgment debtor’s true financial circumstances.
(1) If, at the time set down (whether originally or in an order under subsection (7A) (d) or on an adjournment) for the examination of the person to whom an examination summons is directed:
(a) the person fails to attend before the presiding registrar, (b) that registrar has no information which satisfies that registrar that the judgment debt has been paid, (c) there is due proof of service of the examination summons on the person (or, if the examination has been adjourned, that the person has been notified of the time and place fixed for the examination), and (d) the judgment creditor so requests, the Court may act under subsection (2). (2) The Court may, if it thinks fit:
(a) authorise the issue of a warrant for the apprehension of the person to whom the examination summons was directed, or (b) adjourn the examination of that person and order that the person attend before the presiding registrar on a date and at a time specified in the order, and the presiding registrar shall forthwith give that person, or send to the person by post at the person’s address last known to the presiding registrar, a notice informing the person of any action taken by the Court under this subsection. (3) A warrant shall not be issued under this section until after the expiration of fourteen days after the presiding registrar served the notice under subsection (2). (4) If during the period of fourteen days after the presiding registrar served a notice under subsection (2) in respect of a person the person has not attended, by arrangement with the presiding registrar, to be examined as to the matters referred to in section 91 (3), the presiding registrar, on the application of the judgment creditor verified by the judgment creditor’s affidavit or in such other manner as may be prescribed, may, not earlier than 14 days and not later than 3 months after the presiding registrar served the notice under subsection (2), issue a warrant for the apprehension of that person. (4A) If a judgment creditor fails to make an application under subsection (4) within the time limited by that subsection, the Court, if satisfied with the reasons for the failure, may issue a warrant for the apprehension of the judgment debtor.
(1) Where a judgment debt arising from an action has not been satisfied, the registrar may, on the application of the judgment creditor supported by the affidavit of the judgment creditor or his or her solicitor or agent, make, in respect of the judgment debt, a garnishee order directed to a specified person (who is in this Subdivision referred to as a garnishee ).
(1) Where a garnishee order not expressed to be for the attachment of any wage or salary attaches a debt which is due for payment to the judgment debtor after the expiration of the period of 21 days after service of the order on the garnishee, the garnishee shall, before the expiration of that period, serve on the judgment creditor a notice which complies with subsection (2).
(1) In this section, instalment order means an order made in accordance with the rules providing for a judgment debt to be paid by instalments.
(1) Where a judgment creditor is satisfied that a garnishee order relating to the judgment debt has not been complied with by the garnishee on whom it was served, the judgment creditor may apply in the prescribed manner to the registrar for the issue of, and the registrar may issue, a summons (in this Subdivision referred to as the garnishee summons ) requiring the garnishee to show cause before the Court why the garnishee should not comply with the garnishee order.
(1) In this section, except in so far as the context or subject-matter otherwise indicates or requires: account includes:
(a) a deposit account or withdrawable share account, and (b) any record of deposit or of subscription for withdrawable shares, but does not include an account or a record which is prescribed by the regulations as exempt from the operation of this section. bank means:
(a) a bank within the meaning of the of the Commonwealth, as amended and in force for the time being, or Banking Act 1959 (b) a person who carries on State banking within the meaning of section 51 (xiii) of the Constitution of the Commonwealth. building society means a building society registered under theor a co-operative housing society registered under the Financial Institutions (NSW) Code . Co-operative Housing and Starr-Bowkett Societies Act 1998 credit union means a credit union registered under the. Financial Institutions (NSW) Code deposit-taking institution means a bank, building society or credit union.(2) For the purpose of determining whether an account standing to the credit of a judgment debtor in an account in a deposit-taking institution is attachable as a debt due or accruing to the judgment debtor, the following conditions shall be disregarded:
(a) a condition that a demand must be made before any money or share is withdrawn, (b) a condition relating to the manner in which or the place at which any such demand is to be made, (c) a condition that a passbook, receipt or other document must be produced before any money or share is withdrawn, (d) a condition that notice is required before any money or share is withdrawn, (e) except in the case of an account in a Starr-Bowkett society, a condition that any money or share must not be withdrawn for any specified period, (f) a condition prescribing a minimum amount in respect of any withdrawal from the account, (g) a condition that a minimum balance must be maintained in the account, (h) a condition relating to the account prescribed by the regulations for the purposes of this subsection. (3) So much of the amount standing to the credit of a judgment debtor in a withdrawable share account in a building society or credit union as is the minimum amount that must be maintained in the account in order that the judgment debtor retains membership of the building society or credit union is not attachable. (4) Where an amount standing to the credit of a judgment debtor in an account in a deposit-taking institution is attached, the garnishee order shall be deemed to operate as a notice of withdrawal or demand for payment under the contract between the garnishee and judgment debtor in respect of the account, and that notice or demand is, while the order remains in force, irrevocable and shall be deemed to have been received by the garnishee:
(a) on the date of service of the order, or (b) where the judgment debtor is not entitled under the contract to give a notice of withdrawal or make a demand for payment on the date of service of the order—on the date on which the judgment debtor would, but for the order, have become so entitled.
(1) The Sheriff or bailiff who is required, under the rules, to execute a writ of execution may seize and take under the writ and may cause to be sold:
(a) all the goods, chattels and other personal property, other than chattels real, of or to which the person named in the writ as judgment debtor is or may be possessed or entitled, or which the person can, either at law or in equity, assign or dispose of, except:
(i) any wearing apparel and any bedroom or kitchen furniture, and (ii) any ordinary tools of trade, plant and equipment, professional instruments and reference books, not exceeding in the aggregate $500 in value, being used as such by the judgment debtor or any member of his or her family, and (b) subject to this Subdivision, all the land of or to which the person named in the writ as judgment debtor is seized or entitled, or which the person can, either at law or in equity, assign or dispose of. (2) The Sheriff or a bailiff shall, before causing any property to be sold under a writ of execution, diligently ascertain whether it would be best, with the view of obtaining the highest prices for the property, to cause the sale to be at the place of levy or elsewhere, and shall cause the sale to be at the place where, in his or her judgment, those prices are most likely to be obtained. (3) Where it appears to the Sheriff or bailiff that the property subject to levy under a writ of execution is more than sufficient to satisfy the execution, the Sheriff or bailiff shall first cause to be sold so much of the property as appears to the Sheriff or bailiff to be sufficient, and if it is not sufficient shall then cause to be sold so much of the property as appears to the Sheriff or bailiff to be sufficient to satisfy the balance due under the execution. (4) The Sheriff or bailiff shall cause property to be sold under subsection (3):
(a) in such order as seems to the Sheriff or bailiff best for the speedy execution of the writ without undue expense, (b) subject to paragraph (a), in such order as the judgment debtor may direct, and (c) subject to paragraphs (a) and (b), in such order as seems to the Sheriff or bailiff best for minimising hardship to the judgment debtor or any other person.
(1) Subject to section 105 of the and section 188 of the Real Property Act 1900 , a writ of execution, when delivered to the Sheriff or bailiff required under the rules to execute it, binds land in like manner as a writ of execution against property binds goods and chattels. Conveyancing Act 1919 (2) Land shall not be sold under a writ of execution before all the property referred to in section 109 (1) (a) that may be sold under the writ has been sold unless:
(a) the judgment debtor requests that the land be sold before all or any of that property is sold, or (b) the Sheriff or bailiff is satisfied that the sale of the land before the sale of all or any of that property would minimise hardship to the judgment debtor or any other person.
(1) In this section: issuing registrar , in relation to a writ of execution, means the registrar for the proclaimed place at which the writ of execution was issued.notice of consent means the notice referred to in subsection (2) (a).
(1) Where the Court is satisfied on the application of a judgment creditor that:
(a) the judgment debt arising from an action has not been satisfied, and (b) the judgment debtor is about to leave the Commonwealth, or to remove any property from the Commonwealth, with intent to evade payment of the judgment debt, the Court may, if it thinks fit, authorise the registrar to issue a writ against the person of the judgment debtor to enforce payment of the judgment debt and the registrar shall, on being so authorised, issue the writ. (1A) As a condition of authorising the issue of a writ under subsection (1), the Court may require the judgment creditor to provide such security as the Court considers appropriate. (2) A writ against the person of a judgment debtor shall:
(a) be under the hand of the registrar by whom it is issued, (b) name or otherwise describe the judgment debtor whose arrest is required by the writ, (c) order the Sheriff or a bailiff, determined in accordance with the rules, to arrest the judgment debtor (but only if the judgment debtor is in New South Wales) and, except where paragraph (d) applies, to bring the judgment debtor before the Court for examination, (d) where it is not practicable to bring the judgment debtor before the Court on the day of arrest, order the Sheriff or bailiff to deliver the judgment debtor to the governor of the prison to whom the writ is directed and order that governor to keep that judgment debtor in custody until the judgment debtor is brought before the Court as required by subsection (2A), and (e) continue in force until the judgment debtor is discharged in accordance with the law or, if the judgment debtor is not arrested, until the writ expires in accordance with the rules, and may lawfully be executed on a Sunday.
(1) A judgment debtor arrested or imprisoned under a writ against the person shall be discharged from custody under the writ on payment of the amount specified in the writ as being due under the judgment and the costs of executing the writ, and the Sheriff, and any bailiff, and the governor of any prison, in whose custody the judgment debtor is under the writ, are hereby empowered and required to receive that amount and those costs if tendered, and to transmit them to the registrar for the proclaimed place at which the writ was issued.
(1) Where:
(a) a person, other than the person against whom a writ of execution is issued, makes to the Sheriff or bailiff a claim to any money, goods or chattels (in this section referred to as the property ) taken or intended to be taken in execution under the writ,(b) the judgment creditor has not, in accordance with the rules, directed the Sheriff or bailiff to withdraw from possession of the property, or not to seize the property, as the case may require, and (c) the property has not been sold under the writ, then:
(d) where, whether or not a notice referred to in paragraph (e) is given to the claimant and whether or not the period specified in the notice has expired, the claimant pays to the Sheriff or bailiff an amount equal to the value of the property or gives the Sheriff or bailiff security to that value—the property shall thereupon be released from execution under the writ and the Sheriff or bailiff shall make an application for relief by way of interpleader under section 115 in respect of the amount so paid or the security so given, or (e) where the claimant neither pays that amount nor gives that security before the expiration of a reasonable period specified in a notice given by the Sheriff or bailiff to the claimant for the purposes of this subsection—the Sheriff or bailiff:
(i) may make an application for relief by way of interpleader under section 115 in respect of the property, or (ii) may, subject to paragraph (d), sell the property as if the claim had not been made, and shall make an application under section 115 for relief by way of interpleader in respect of the proceeds of the sale as if the claim had been made to those proceeds.
(1) This section applies if, after judgment in an action, the Court orders that proceedings be stayed during the period within which an appeal may be brought.
(1) The Court shall have jurisdiction to grant an injunction, to be called a temporary injunction, to restrain:
(a) a threatened or apprehended trespass or nuisance, or (b) the breach of a negative stipulation in a contract the consideration for which does not exceed $20,000, in like manner, subject to this Subdivision, as the Supreme Court might grant an interlocutory injunction in like circumstances. (2) Subject to this Subdivision, a temporary injunction shall continue in force for a specified period not exceeding fourteen days, but if the specified period is less than fourteen days, it may be renewed from time to time, but so that the total period for which the temporary injunction is in force does not exceed fourteen days.
(1) Where the Supreme Court is of opinion that any proceedings that are pending in the Supreme Court could properly have been commenced as an action in the Court, the Supreme Court may, if it thinks fit, on the application of any party or of its own motion, order that those proceedings be transferred to the Court sitting at such proclaimed place as the Supreme Court thinks fit.
(1) The Court may, at any stage of an action, make one or more of the following orders in respect of a legal practitioner whose serious neglect, serious incompetence or serious misconduct delays, or contributes to delaying, the action:
(a) disallow the whole or any part of the costs between the legal practitioner and his or her client, (b) direct the legal practitioner to repay to his or her client the whole or any part of the costs which the client has been ordered to pay to any other party, (c) direct the legal practitioner to indemnify any party other than his or her client against the whole or any part of the costs payable by the party indemnified.
(1) The Rule Committee may make rules, not inconsistent with this Act, for or with respect to any matter:
• that by this Act, or by any other Act or law, is required or permitted to be prescribed by rules, or • that is necessary or convenient to be prescribed by rules, for the purposes of, or in connection with, the exercise by the Court of its civil jurisdiction under provisions of this Act, or of any other Act or law, or for carrying any such provisions into effect, and in particular for or with respect to:
(a) providing for the procedure (including the method of pleading) and the practice to be followed in the Court in all proceedings in which, or with respect to which, the Court has for the time being civil jurisdiction, and regulating or providing for any matters incidental to, or relating to, any such procedure or practice, (b) subject to the provisions of any other Act, regulating and prescribing the procedure and practice to be followed in connection with the transfer of any proceedings to the Court from any other court or from the Court to any inferior court, and, where proceedings are transferred to the Court, the procedure and practice thereafter to be followed in the Court, and (c) subject to the provisions of any other Act, regulating and prescribing the procedure and practice to be followed in connection with the institution of any appeal to the Court, including:
(i) the time within which, and the manner in which, the appeal is to be instituted, and (ii) the procedure and practice thereafter to be followed in the Court. (2) Without limiting the generality of subsection (1), rules may be made under that subsection for or with respect to:
(a) prescribing the powers, authorities, duties and functions of registrars, assistant registrars, bailiffs, assistant bailiffs and other officers of the Court, and the Sheriff, and the records to be kept by them in relation to or for the purposes of any proceedings, (b) enabling any specified registrar, in such circumstances as may be prescribed, to exercise the powers and authorities, and to discharge the duties and functions, of another specified registrar, (c) providing for the sittings of the Court and the regulation of business at those sittings, (d) prescribing and providing for the places at which particular proceedings may be heard, commenced or otherwise dealt with and prescribing the circumstances in which, and the conditions subject to which, the venue of proceedings or specified parts of proceedings may be changed, (e) providing for the vacations and holidays of the Court and for the hearing and disposal of proceedings during any such vacations or holidays, (f) providing for and regulating the joinder of causes of action and the consolidation of proceedings, (g) providing for the bringing and disposal of proceedings by or against the executor, administrator or trustee of the estate of any person and providing for the enforcement of judgment in any such proceedings, (h) prescribing or providing for the manner in which corporations may participate in proceedings, (i) providing for the joinder of parties in proceedings, (j) prescribing the cases or circumstances in which security may be required in relation to proceedings, the form of any such security, and the manner in which, and the person to whom, it is to be given, (k) providing for pleading in relation to cross-claims (whether in the nature of set-off, cross-action or otherwise), (l) empowering the Court to strike out the whole or any part of any proceedings brought by a party on the ground that the proceedings or part of the proceedings are frivolous or vexatious or disclose no cause of action, or on any other ground prescribed in the rules, and to reinstate any proceedings that have been struck out, (m) providing for the trial or hearing of proceedings, including the giving of written or oral evidence and the production of documents and other things in evidence at the trial or hearing, (n) regulating the means by which particular facts may be proved, and the mode in which evidence may be given (including the administration of oaths to and the taking of evidence of witnesses in or out of New South Wales), in any proceedings or in any application in connection with, or at any stage of, any proceedings, (o) empowering the Court:
(i) to dispense with the rules of evidence for proving any matter that is not genuinely in dispute in any proceedings and to dispense with such rules of evidence as might cause expense or delay in proceedings if those rules were applied in specified circumstances, and (ii) to require a party to any proceedings (not being a minor or person of unsound mind) to make admissions with respect to documents or questions of fact, and prescribing the effects of and consequences for failing to comply with a requirement of the kind referred to in subparagraph (ii), (p) prescribing matters relating to expert evidence, including the disclosure, by providing copies of reports or otherwise, of the nature of expert evidence to be given, and including the exclusion of expert evidence in the case of non-compliance with the rules relating to expert evidence or with any order for disclosure of the nature of expert evidence, (q) providing for and regulating the payment or transfer of money into and out of the Court, (r) providing for the manner and form in which, and the times and places at which, judgments, orders or other decisions of the Court may be given, (s) empowering Judges to deal with and determine specified kinds of proceedings or specified parts of specified kinds of proceedings while sitting in chambers, (t) prescribing the circumstances in which judgments may be set aside, (u) providing for judgments by confession, agreement or consent and providing for orders for judgment, default judgments and orders for summary judgment and the circumstances in which such judgments and orders may be given or made, (v) prescribing the circumstances in which a party to proceedings may be non-suited, (w) enabling the Court to order that the amount of a judgment in favour of a person against another person be set off against an amount payable under another judgment in favour of that other person against the firstmentioned person, (x) providing for matters relating to proceedings in which a person interpleads, including the staying of proceedings in courts other than the Court and for the barring of claims of persons who do not interplead when required to do so, (y) providing for any matters relating to the costs of proceedings, (z) empowering the Court to order the solicitor for a party to particular proceedings personally to pay specified costs of the proceedings and to order further that the costs so specified not be recoverable by the solicitor from that party, (aa), (ab) (ac) prescribing matters relating to claims for, payment of, and entering up of judgment for, interest on money (including debts, damages and the value of goods) recovered or sought to be recovered in proceedings before the Court, (ad) prescribing means for, and the procedure and practice to be followed in, the enforcement and execution of judgments and orders of the Court, (ae) providing for the manner of payment of a judgment debt and prescribing the practice and procedure to be followed in relation to orders and agreements for varying the manner of payment of any such debt, (af) empowering the Court to direct the manner or form of procedure to be followed in any particular proceedings in which the manner or form of procedure for taking any step in the proceedings is not prescribed by or under this Part, (ag) providing for the service or giving of notices, documents and other instruments relating to proceedings, (ah) providing for the amendment of documents filed by a party to any proceedings, (ai) prescribing the times for doing or not doing any act or thing for the purposes of this Act or the rules in or in relation to any proceedings, and (aj) interim payments.
(1) The Chief Judge may compile a list or lists of persons considered by the Chief Judge to be suitable to be mediators for the purposes of this Part. (2) The Chief Judge may compile a list or lists of persons considered by the Chief Judge to be suitable to be evaluators for the purposes of this Part.
(1) In this section, mediation session orneutral evaluation session includes any steps taken in the course of making arrangements for the session or in the course of the follow-up of a session.(2) Subject to subsection (3), the same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to:
(a) a mediation session or neutral evaluation session, or (b) a document or other material sent to or produced to a mediator or evaluator, or sent to or produced at the Court or the registry of the Court, for the purpose of enabling a mediation session or neutral evaluation session to be arranged.
(1) The Rule Committee may make rules, not inconsistent with this Act or any other Act, for or with respect to any matter that by this Act is required or permitted to be prescribed for the purposes of, or in connection with, the exercise by the Court of its criminal jurisdiction or that is necessary or convenient to be prescribed for carrying out or giving effect to this Part and Division 3 of Part 2 or any Act under or by virtue of which rules under this Part apply, and in particular for or with respect to providing for the procedure and practice to be followed in the Court in all proceedings in which, and with respect to which, the Court has for the time being criminal jurisdiction and regulating or providing for any matters incidental to, or relating to, any such procedure or practice.
(1) (2) A person appointed as a judge under section 14 of the and holding office as such immediately before the commencement of this Act, shall be deemed to have been appointed as a Judge under section 13 of this Act. District Courts Act 1912
(1) Subject to subsection (3), in an instrument:
(a) a reference to the Chairman of the District Court Judges shall be read and construed as a reference to the Chief Judge, (b) subject to paragraphs (c) and (d), a reference to a District Court judge shall be read and construed as a reference to a Judge appointed under this Act, (c) subject to paragraph (d), a reference to a District Court judge within whose jurisdiction, or within whose district, or of or for the district where, or having or exercising jurisdiction within the district where, a place, building, institution or any other matter or thing is situated, or an event occurred or is occurring or is expected to occur, or a person has his or her place of abode or resides or carries on his or her business, shall be read and construed as a reference to the new Court sitting at the nearest proclaimed place to the place where that place, building, institution, matter or thing is situated, or that event occurred or is occurring or is expected to occur, or that person has his or her place of abode or resides or carries on his or her business, and (d) a reference to a District Court judge occurring in conjunction with or in relation to a reference to a district shall, if the rules so provide, be read and construed as a reference to the new Court sitting at the proclaimed place specified in or determined in accordance with the rules.
(1) Where any proceedings would, had section 3 (ff) of the not taken effect, have been continued, heard or disposed of after the commencement of that provision in a former Court, those proceedings shall be continued, heard or disposed of, respectively, in the new Court in its criminal and special jurisdiction, sitting at the place at which the former Court was sitting. District Court (Amendment) Act 1975
(1) In this section, contemnor means a person guilty or alleged to be guilty of contempt of court committed in the face of the Court or in the hearing of the Court.(2) Where it is alleged, or appears to the Court on its own view, that a person is guilty of contempt of court committed in the face of the Court or in the hearing of the Court, the Court may:
(a) by oral order direct that the contemnor be brought before the Court, or (b) issue a warrant for the arrest of the contemnor. (3) Where the contemnor is brought before the Court, the Court shall:
(a) cause the contemnor to be informed orally of the contempt with which he or she is charged, (b) require the contemnor to make his or her defence to the charge, (c) after hearing the contemnor, determine the matter of the charge, and (d) make an order for the punishment or discharge of the contemnor.