2000
2000
2002-07-04
act
publicspecial
act.reprint
allinforce
2002-07-04
act-2002-053
none
act-2000-036
2bf8fbcb-0cca-427a-a518-585f2b341a5e
ae566757-82f8-4830-a538-236a987748a3
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2002
No 53, Sch 3 with effect from 4.7.2002.
An Act to amend the Supreme Court Act 1970 with respect to
the powers of the Supreme Court to refer matters for determination by
alternative methods of dispute resolution.
1Name of
Act
This Act is the Supreme Court
Amendment (Referral of Proceedings) Act
2000.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Supreme Court Act 1970 No
52
The Supreme Court Act
1970 is amended as set out in Schedule
1.
Schedule 1Amendments
(Section 3)
[1]Section 76B Arbitration under
Arbitration (Civil Actions) Act
1983
Omit section 76B (1). Insert instead:
(1)
The Court may, whether of its own motion or on
application, order that, in accordance with the rules, proceedings before
it:
(a)
on a claim for the recovery of damages or other
money, or
(b)
in which any equitable relief or remedy is
claimed ancillary to a claim for the recovery of damages or other
money,
be referred for determination pursuant to the Arbitration (Civil Actions) Act 1983 by
an arbitrator or arbitrators holding office under section 5 (1) of that
Act.
[2]Section 76B (2) (a) and
(b)
Omit “trial” wherever occurring.
Insert instead “hearing”.
[3]Section 110H Purpose of
Part
Omit “if the parties to the proceedings
concerned have agreed to that course of action” from section 110H
(1).
[4]Sections
110K–110M
Omit the sections. Insert instead:
110KReferral by
Court
(1)
If it considers the circumstances appropriate,
the Court may, by order, refer any proceedings, or part of any proceedings,
before it (other than any or part of any criminal proceedings) for mediation
or neutral evaluation, and may do so either with or without the consent of the
parties to the proceedings concerned.
(2)
The mediation or neutral evaluation is to be
undertaken by a mediator or evaluator agreed to by the parties or, if the
parties cannot agree, by a mediator or evaluator appointed by the Court, who
(in either case) may, but need not, be a person whose name is on a list
compiled under this Part.
110LDuty of parties to
participate
It is the duty of each party to the proceedings
the subject of a referral under section 110K to participate, in good faith, in
the mediation or neutral evaluation.
110MCosts of mediation and neutral
evaluation
The costs of mediation or neutral evaluation,
including the costs payable to the mediator or evaluator, are payable:
(a)
by the parties to the proceedings, in such
proportions as they may agree among themselves, or
(b)
if the Court makes an order as to the payment of
those costs—by one or more of the parties, in such manner as the order
may specify.
[5]Fourth Schedule Savings and
transitional provisions
Insert after Part 9:
Part 10Provisions consequent on
enactment of Supreme Court Amendment (Referral of
Proceedings) Act 2000
15Application of
amendment
(1)
Section 76B and Part 7B, as amended by the
Supreme Court Amendment (Referral of Proceedings) Act
2000, extend to proceedings instituted before the
amendments took effect, except as provided by subclause
(2).
(2)
The amendments made by that Act to Part 7B have
no effect in relation to a matter that, at the time the amendments took
effect, had already been referred for mediation or neutral evaluation under
that Part.
Historical
notes
Table of amending
instruments
Supreme Court
Amendment (Referral of Proceedings) Act 2000 No 36.
Assented to 14.6.2000. Date of commencement, 1.8.2000, sec 2 and GG No 97 of
28.7.2000, p 6602.