(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: Assessor means a person appointed as an Assessor under section 10.attorney means an attorney of the Supreme Court.barrister means a barrister-at-law admitted by the Supreme Court.commercial agent means a licensed commercial agent within the meaning of the. Commercial Agents and Private Inquiry Agents Act 1963 court means a Local Court, other than a Local Court in respect of which an order under section 77 (3) is in force.cross-claim includes cross-action and set-off.district means a district appointed under section 6 (1) of thefor which a court shall be held. Local Courts Act 1982 Division means a Division of a court specified in section 6.garnishee means a person who is required to make a payment under a garnishee order.garnishee order means an order made under section 47.Local Court means a Local Court established under the. Local Courts Act 1982 Magistrate means a Magistrate within the meaning of the. Local Courts Act 1982 Rule Committee means the Local Court (Civil Claims) Rule Committee established under the. Local Courts Act 1982 rules means rules made under this Act.subagent means a subagent within the meaning of theemployed by a commercial agent. Commercial Agents and Private Inquiry Agents Act 1963 writ of execution means a writ of execution issued under section 58.
(1) The Chief Magistrate may, by order in writing, appoint persons to be bailiffs of the courts specified in the order and may suspend or remove from office any person so appointed.
(1) The Minister may appoint any qualified person to be an Assessor.
(1) A party to an action or other proceeding under this Act may appear:
(a) in person, (b) by the party’s spouse or employee authorised by the party in writing in that behalf, or (c) by a barrister or attorney retained by or on behalf of that party or by an attorney employed (as an agent or otherwise) by an attorney so retained. (1A) The reference in subsection (1) (b) to an employee of a party includes, where the party is a body corporate or other 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, a reference to an officer (including a director or any person having, whether alone or with others, powers of management, direction or control of that body) of that body authorised in writing by that body to appear on its behalf for the purposes of this Act. (1B) Any authority referred to in subsection (1A) may be given for the purposes only of the action or other proceeding specified in the authority, or the purposes of all actions or other proceedings brought, or to be brought, under this Act.
(1) Subject to this Part, a court sitting in its General Division has jurisdiction to hear and determine actions for the recovery of any debt, demand or damage (whether liquidated or unliquidated) in which the amount claimed is not more than $60,000, whether on a balance of account or after an admitted set-off or otherwise. (2) Subject to this Part, a court sitting in its General Division has jurisdiction to hear and determine actions commenced after the commencement of this section to recover goods that are detained, or to recover the assessed value of the goods, if the value of the goods together with the amount of any consequential damages claimed for the detention of the goods does not exceed $60,000. (3) Subject to this Part, a court sitting in its Small Claims Division has jurisdiction to hear and determine actions for the recovery of any debt, demand or damage (whether liquidated or unliquidated) in which the amount claimed is not more than $10,000, whether on a balance of account or after an admitted set-off or otherwise. (4) Subject to this Part, a court sitting in its Small Claims Division has jurisdiction to hear and determine actions commenced after the commencement of this section to recover goods that are detained, or to recover the assessed value of the goods, if the value of the goods together with the amount of any consequential damages claimed for the detention of the goods does not exceed $10,000.
(1) In relation to a contract, a Local Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, to grant relief under section 7 (1) (a) of the . Contracts Review Act 1980
(1) The defendant, or one of two or more defendants, in an action in a court may, subject to and in accordance with the rules, bring a cross-claim against the plaintiff, or one of two or more plaintiffs, if the amount claimed in the cross-claim does not exceed the amount for which an action may be brought under this Act on the cause of action on which the cross-claim is brought. (2)
(1) A court has jurisdiction in accordance with this Act and a registrar may exercise the powers conferred on a registrar by or under this Act:
(a) even if part of the cause of action arose outside New South Wales, so long as a material part of the cause of action arose within New South Wales, and (b) even if the whole cause of action arose outside New South Wales, so long as the defendant was resident within New South Wales at the time of service of the document which commenced the action, and (c) even if the defendant is not within New South Wales, so long as the whole or a material part of the cause of action arose within New South Wales and the defendant was within a State or a part of the Commonwealth (within the meaning of the of the Commonwealth) at the time of service of the document which commenced the action. Service and Execution of Process Act 1901
(1) If an action is pending in a court, the District Court may, on application by a party to the action, order that the action, including any cross-claim brought in relation to the action, be removed into the District Court sitting at such proclaimed place as the District Court may specify in the order.
(1) Where an order under section 21B (1) for removal into the District Court of an action in a court takes effect, the action ceases to be an action in the court, but proceedings in the action continue, in accordance with rules made under the , in the District Court as if the action had been duly commenced, and any cross-claim brought in relation to the action had been duly pleaded, in the District Court at the proclaimed place specified in the order on the date on which the action was commenced, or the cross-claim was brought, as the case may be, in the court. District Court Act 1973 (2) Where any proceedings continue in the District Court as referred to in subsection (1), any abandonment made in accordance with section 14 or 15 has no further force or effect except to the extent that the amount originally claimed in the action, or in any cross-claim brought in relation to the action, before any abandonment exceeded the appropriate amount specified in section 44 (1) (a), (aa) or (b) of the , as the case may be. District Court Act 1973
(1) Where an action is pending in the District Court and the District Court is satisfied that the action could properly have been commenced as an action in a court, and that any cross-claim pleaded in relation to the action could properly have been brought as a cross-claim in a court, the District Court may, on application by a party to the action or of its own motion, order that the action, including any cross-claim pleaded in relation to the action, be removed into a court for such district as the District Court shall specify in the order.
(1) Where an order under section 21F (1) for removal into a court of an action in the District Court takes effect, the action ceases to be an action in the District Court but proceedings in the action continue in the court as if the action had been duly commenced, and any cross-claim pleaded in relation to the action had been duly brought, in a court for the district specified in the order on the date on which the action was commenced, or the cross-claim was pleaded, as the case may be, in the District Court. (2) Where an order under section 21F (1) for removal into a court of an action takes effect, any admission made in accordance with the rules made under the for the purposes of the action, including the purposes of any cross-claim pleaded in relation to the action, shall, if it could have been made under the rules, be treated as an admission made under the rules in the action in that court. District Court Act 1973
(1) Except as provided by subsection (3), a court 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 be referred for determination pursuant to the by an arbitrator or arbitrators holding office under section 5 (3) of that Act. Arbitration (Civil Actions) Act 1983 (2) A court shall, before making an order under subsection (1) in relation to an action:
(a) consider the preparations for the hearing and determination 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 the hearing and determination 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) The Chief Magistrate may compile a list or lists of persons considered by the Chief Magistrate to be suitable to be mediators for the purposes of this Part. (2) The Chief Magistrate may compile a list or lists of persons considered by the Chief Magistrate 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 a court or a registry of a court, for the purpose of enabling a mediation session or neutral evaluation session to be arranged.
(1) Proceedings in the Small Claims Division of a court are to be conducted with as little formality and technicality as the proper consideration of the matter permits.
(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, or (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 any consequential damages.
(1) A court may order, on such terms as it thinks fit, that any proceedings in any action or matter before that court be stayed at any stage of the proceedings.
(1) Subject to this Act and the rules, and subject to any other Act:
(a) costs in or in relation to an action shall be in the discretion of a court, (b) a court has full power to determine by whom, to whom and to what extent costs are to be paid in or in relation to an action, and (c) a court may order costs to be assessed on the basis set out in Division 6 of Part 11 of the or on an indemnity basis. Legal Profession Act 1987
(1) In any proceedings for the recovery of any money (including any debt, demand 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 the judgment takes effect.
(1) Where a judgment debt has not been satisfied, the judgment creditor may file with the registrar of the court in which the judgment is given or entered up a summons (in this Division referred to as an examination summons ) requiring the judgment debtor to be examined at the court for the district specified in the summons, being the district in which the judgment debtor has his or her place of abode, business or employment, as to the matters referred to in subsection (2) (b).(2) An examination summons:
(a) shall be made returnable before the registrar of a court, determined by the registrar of the court in which it was filed, for the district specified by the judgment creditor in the summons and at a time on a return date so determined, (b) shall require the judgment debtor to appear at that time before the registrar of the court specified in the summons to be orally examined by the judgment creditor before that registrar or by that registrar as to his or her property and other means of satisfying the judgment debt and generally as to his or her financial circumstances, and (c) may require the judgment debtor to produce to the registrar, at the time and place specified in the summons, any documents or things in the possession or control of the judgment debtor which tend to show the judgment debtor’s true financial circumstances.
(1) If, at the time set down (whether originally or on an adjournment) for the examination of a judgment debtor before a registrar:
(a) the judgment debtor fails to attend before the registrar, (b) the registrar has no information which satisfies the registrar that the judgment debt has been paid, and (c) there is due proof of service of the examination summons on the judgment debtor (or, if the examination has been adjourned, of service on the judgment debtor of notice of the time and place fixed for the examination), the court may act under subsection (2). (2) The court may:
(a) authorise the issue of a warrant for the apprehension of the judgment debtor, or (b) adjourn the examination proceedings and order that the judgment debtor attend before the registrar at that court on a date and at a time specified in the order, and the registrar shall forthwith serve on the judgment debtor a notice informing the judgment debtor 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 14 days after the registrar served the notice under subsection (2). (4) If before an application is made under this subsection the judgment debtor has not attended, by arrangement with the registrar, to be examined as to the matters referred to in section 41 (2) (b), the registrar, on the application of the judgment creditor verified by the judgment creditor’s affidavit or in such other manner as may be prescribed and made not earlier than 14 days, and not later than 3 months, after the registrar served the notice under subsection (2) in respect of the judgment debtor, may issue the warrant for the apprehension of the judgment debtor.
(1) Where a judgment debtor appears before a registrar for examination in accordance with this Division the judgment debtor may be examined on oath as to any of the matters referred to in section 41 (2) (b) by the judgment creditor or, where the judgment creditor has so requested in accordance with section 41 (4) (b) or the judgment debtor is brought before the registrar in accordance with a warrant issued under section 42, by the registrar of the court at which the judgment debtor appears for examination and, if the judgment creditor is present, by the judgment creditor.
(1) The registrar of a court in which a judgment is given or entered up may make an order that all debts due or accruing to the judgment debtor from any person specified in the order shall be attached to answer the judgment debt.
(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 file with the registrar a summons requiring the garnishee to show cause at the court for the district specified in the summons, being the district in which the garnishee has his or her place of abode, business or employment, why the garnishee should not comply with the garnishee order. (2) A summons filed under subsection (1) shall be made returnable at a court, determined by the registrar of the court in which it was filed, for the district specified by the judgment creditor in the summons and at a time and on a return date so determined.
(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 rules 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 amount 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 rules 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.
(1) The Sheriff or a bailiff of any court may seize and take under any writ of execution whereby he or she is directed to levy any sum of money, 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 $2,000 in value, being used as such by the judgment debtor or any member of his or her family, and (b) subject to this Division, 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 selling any property, 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 sell at the place where, in his or her judgment, those prices are most likely to be obtained. (2A) If, in the opinion of the Sheriff or a bailiff of any court, the cost of seizing, removing, storing and selling property to be seized or taken under a writ of execution is likely to exceed the total sale price of that property, the Sheriff or bailiff concerned may decline to execute that writ.
(1) This section does not apply to a writ of execution unless the amount required to satisfy it is at least $3,000 or such other amount as may be prescribed. (2) 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 to execute it, binds land in the same manner as a writ of execution against property binds goods and chattels. Conveyancing Act 1919
(1) In this section: issuing registrar , in relation to a writ of execution, means the registrar of the court at which the writ of execution was issued.notice of consent means the notice referred to in subsection (2) (a).
(1) Where:
(a) any property has been seized by the Sheriff or a bailiff under a writ of execution, (b) a claim thereto, verified by the affidavit of the claimant (not being the judgment debtor), is made to the Sheriff or bailiff, (c) the property has not been sold under the writ, and (d) the claimant has:
(i) paid to the Sheriff or bailiff an amount equal to the value of the property, or (ii) given to the Sheriff or bailiff security to the value of the property, 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 65. (2) The amount of such value and the nature of such security shall be as may be agreed upon between the claimant and the Sheriff or bailiff, or where they have not agreed shall be as determined by some competent person appointed by the registrar, and the costs of the determination shall be paid by the claimant, and, if the court so orders, may be added to the costs of the levy or of any proceedings under this Part.
(1) Upon an application being made under section 65, other than an application referred to in section 66 (3A), the registrar shall issue a summons calling upon the claimant to state the nature and particulars of his or her claim in such form and within such time as may be prescribed. (2) Upon the issue of the summons and, where the application for relief is made by the defendant, upon the payment of the amount, or the transfer of the property the subject, of the claim into court or upon the claimant giving security to the value of that property, as may be required by the registrar, all proceedings in the action and in any other action which may have been brought in the Supreme Court, District Court or a court in respect of the claim shall be stayed.
(1) Subject to subsection (2), all judgments and orders of a court exercising jurisdiction under this Act shall be final and conclusive. (2) A party to proceedings under this Act who is dissatisfied with the judgment or order of the court as being erroneous in point of law, may appeal to the Supreme Court therefrom. (2A) However, in the case of proceedings in the Small Claims Division of a court, an appeal under subsection (2) lies only on the ground of lack of jurisdiction or denial of natural justice.
(1) A party to any proceedings may obtain from a registrar a subpoena requiring a person to attend as a witness at those proceedings or to attend and produce at those proceedings any documents or things in his or her possession or control. (2) A person is not bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena or in a warrant issued under subsection (3) or which the person would not be bound to produce upon a subpoena for production in the Supreme Court.
(1) All proceedings pending under this Act in a court when it is abolished, may be continued and completed in such court as the Governor by order published in the Gazette may specify, and any judgment or order of a court that has been abolished may be enforced and proceedings taken thereon in the same manner as nearly as possible as if the proceedings had been commenced in, or the judgment had been given or entered up by, or the order had been made by, the court specified in the order. (2) The Governor may in any such order direct that the records of the court that has been abolished shall be removed at or within a time stated in the order to the court specified therein.
(1) The Rule Committee may make rules for or with respect to:
(a) regulating the practice and procedure in courts and in proceedings before registrars, (b) removal of actions between Divisions, (b1) determining the Division in which any particular action or class of action is to be heard, (b2) referring any matter to a Community Justice Centre, (c) the functions of registrars, (d) notices, and the filing, giving or serving of notices, under this Act, (e) (f) prescribing scales of expenses to be tendered to persons under subpoena, (g) prescribing the times for doing any matter or thing for the purposes of this Act and authorising courts or registrars to substitute in such classes of cases as may be prescribed other times for those prescribed, (h) excusing non-compliance with the rules, (i) prescribing the manner of doing any matter or thing for the purposes of this Act, (j) prescribing the manner in which actions may be taken by or against persons in a representative capacity, (k) prescribing the manner of appointing persons as tutors for the purposes of actions against or by persons under disability, (l) providing for the amendment of documents filed by a party to any proceedings, (m) providing for and regulating the joinder of parties, the joinder of causes of action and the consolidation of proceedings, (n) the practice and procedure in relation to cross-claims, (n1) regulating and prescribing the practice and procedure to be followed in the mediation or neutral evaluation of any matter under Part 3C, (o) the hearing of proceedings, including the procedure to be followed and the orders to be made when a party fails to attend when proceedings are called on for hearing, (p) the transfer of an action, on the application of a defendant, from a court for a district to a court for another district, (q) empowering a court 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, (q1) 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, (r) prescribing the circumstances in which judgments and orders may be set aside, (s) 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 those judgments and orders may be given, entered or made, (t) 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 a court, (u) providing for any matters relating to the costs of proceedings, (v) 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, (v1) prescribing means for, and the procedure and practice to be followed in, the enforcement and execution of judgments and orders of a court, (w) all matters that by this Act are required or permitted to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act or any other Act pursuant to which rules made under this Act apply.
(Section 10 (5))
(Section 86)