Part 3 The civil jurisdiction of the Court
Division 1 Officers and general provisions
19–24(Repealed)
25 Sheriff and Sheriff’s officers
(1) The Sheriff shall have and may exercise the functions conferred or imposed on the Sheriff by this Act and the rules.(2) Unless the rules provide otherwise, the Sheriff may delegate to any Sheriff’s officer any of the Sheriff’s functions under this Act, except this power of delegation.(3) Subject to the rules, the Sheriff and any Sheriff’s officers to whom functions are delegated shall exercise their functions under this Act in accordance with any orders and directions given by a Judge.
Subdivision 3 Sittings of the Court
32 Directions as to sittings of Court in its civil jurisdiction
(1) The Chief Judge may, by order in writing, direct that the Court is, during a specified calendar year, to sit in its civil jurisdiction at such proclaimed places or other places within the State and at such times as may be specified in the order.(1A) The Chief Judge is to consult with the Attorney General before making a direction under subsection (1) that substantially alters the frequency of sittings at a particular place compared with the previous calendar year.(2) If a place specified in a direction under subsection (1) is not a proclaimed place, the specified place is, for the purposes of this Act or any other law and while the direction remains in force, taken to form part of the nearest proclaimed place to the specified place.(3) Subsection (2) ceases to have effect if and when the specified place becomes a proclaimed place.(4) If the Chief Judge considers that it is not expedient or practicable for the Court to sit at a particular place:(a) the Chief Judge may, by order in writing, direct that all civil proceedings (other than proceedings before a registrar or some other officer of the Court) for which the proper place is that place are to be continued by the Court sitting at some other place specified in the order, and(b) while a direction under this subsection remains in force, the proceedings to which it relates are, if continued, to be dealt with accordingly.(5) A direction under this section may be given in respect of a particular calendar year before the commencement of that year or, in respect of the remaining portion of that year, after the commencement of that year.(6) If a direction having effect during a particular calendar year is given under subsection (1) in relation to a particular place, a previous direction under subsection (4) having effect, during that year, in respect of proceedings the proper place in relation to which is that place, ceases to have effect.
33 General provisions as to sittings
(1) Subject to this Part and the rules, sittings of the Court shall be arranged by the Chief Judge.(2) Subject to this Part and the rules:(a) the Court may sit simultaneously at different sitting places,(b) a Judge shall preside at such sittings of the Court at such sitting places as the Chief Judge may from time to time direct, and(c) two or more Judges may preside simultaneously at separate sittings of the Court at the one sitting place.(3) (Repealed)
34 Permanent substitution of proclaimed place
(1) Where a place ceases to be a proclaimed place by reason of the revocation or amendment of a proclamation made under section 18F, the Governor may, by proclamation, direct that:(a) all proceedings (including proceedings before a registrar or any other officer of the Court) pending before the Court at that place, and(b) any unsatisfied judgment or order of the Court in proceedings the proper place in relation to which was that place,may be continued or enforced by the Court sitting at such other place as may be specified in the proclamation, and the proceedings shall, if continued, be continued accordingly or the judgment or order enforced accordingly, as the case may require.(2) The Governor may, in any such proclamation, direct that the records of the Court at the place that has so ceased to be a proclaimed place shall be removed at or within a time stated in the proclamation to the registry for the other place specified therein.(3) A direction under subsection (1) shall, for the purposes of the definition of proper place in section 4 (1), have effect as if it were an order for a change of venue under rules of Court in respect of the proceedings to which it relates to the other place specified in the proclamation.
Nothing contained in or done under section 32 or under the rules has, for the purposes of the definition of proper place in section 4 (1), effect as a change of venue, unless the Court orders a change of venue under rules of court.
40–43(Repealed)
Division 2 Actions: jurisdiction
Subdivision 1 General jurisdiction in relation to actions
(1) Subject to this Act, the Court has jurisdiction to hear and dispose of the following actions:(a) any action of a kind:(i) which, if brought in the Supreme Court, would be assigned to the Common Law Division of that Court, and(ii) in which the amount (if any) claimed does not exceed the Court’s jurisdictional limit, whether on a balance of account or after an admitted set-off or otherwise,other than an action referred to in paragraph (d) or (e),(b) (Repealed)(c) any action brought to recover an amount not exceeding $20,000, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will,(d) any motor accident claim, irrespective of the amount claimed,(d1) any work injury damages claim, irrespective of the amount claimed,(e) any proceedings transferred to the Court under section 146 (1) of the Civil Procedure Act 2005, irrespective of the amount (if any) claimed in those proceedings.(2) Where the amount claimed in an action includes interest (being interest which the Court could, under section 100 (1) of the Civil Procedure Act 2005, order to be included in the amount for which it could give judgment), that interest shall be disregarded for the purposes of:(a) determining whether the maximum amount for which the action is authorised by this Act to be brought has been exceeded or not, and(b) determining whether or not the Court has jurisdiction to hear and dispose of the action.(3) Where:(a) an amendment to subsection (1) which is enacted after, or was enacted before the commencement of Schedule 3 to the District Court (Procedure) Amendment Act 1984 has or had the effect of increasing the amount specified in paragraph (a) or (b) of that subsection, and(b) an action in which an amount of money is claimed is pending at the time when the amendment has effect or, as the case may be, an action in which an amount of money is claimed was pending at the time when the amendment had effect and has not been finally determined,the Court may, on the application of the claimant, make an order altering the amount specified in the claim to an amount not exceeding that specified in paragraph (a) or (b) of that subsection, as in force immediately after the amendment has or had effect.
46 Ancillary equitable relief: injunctions
(1) Without affecting the generality of Division 8, the Court shall, in any action, have power to grant any injunction (whether interlocutory or otherwise) which the Supreme Court might have granted if the action were proceedings in the Supreme Court.(2) In relation to the power of the Court to grant an injunction under this section:(a) the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances,(b) the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge:(i) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and(ii) any duty imposed on the officer by the rules or by any order of the Court,(c) the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and(d) without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure of the Court referred to in paragraph (c) shall, subject to the rules, extend to the enforcement of any order of the Court made in connection with proceedings for the grant of the injunction.(3) Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to:(a) the procedure to be followed with respect to the granting and enforcing of an injunction under this section, and(b) any other matter necessary or convenient for giving effect to this section.
47 Cause of action or defendant outside the State
(1) If a defendant has been duly served with the document commencing an action:(a) the Court has jurisdiction in accordance with this Act to hear and dispose of the action, and(b) a registrar has and may exercise:regardless of whether the cause of action to which the action relates arose wholly or partly outside New South Wales.(i) if the action involves proceedings to which the Civil Procedure Act 2005 applies, the functions conferred on the registrar pursuant to section 12 or 13 of that Act, or(ii) in any other case, the functions prescribed by the civil procedure rules,(2) For the purposes of subsection (1), it is immaterial whether the defendant was within or outside New South Wales:(a) at the time the cause of action arose, or(b) at the time of service of the document commencing the action.(3) For the purposes of this section, a defendant is duly served with a document commencing an action if the defendant is served with the document by or under this Act or in accordance with the Service and Execution of Process Act 1992 of the Commonwealth.(4) In this section, defendant includes, if there are two or more defendants, any one of those defendants.
48 Miscellaneous limitations on jurisdiction
(1) An action in which the amount claimed does not exceed $4,000 and which could have been commenced in the 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.(2) Subject to subsection (3), the Court shall not have jurisdiction in an action in which title to land the value of which is more than the Court’s jurisdictional limit is in question.(3) If the title to land the value of which is more than the Court’s jurisdictional limit incidentally comes in question in an action, the Court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the Court shall not be evidence of title between the parties or their privies in other proceedings in the Court or in any proceedings in any other court.(4) Without affecting Division 8, the Court shall not have jurisdiction in actions for possession of land by virtue of this Part.
49, 50(Repealed)
Subdivision 3 Jurisdiction by consent
(1) This section applies to an action or cross-claim that, but for this section, the Court would not have jurisdiction to hear and dispose of by reason only of the fact that the amount claimed exceeds the jurisdictional limit of the Court as at the time the action was commenced.(2) The Court has, and may exercise, jurisdiction to hear and dispose of an action or cross-claim to which this section applies:(a) if a party to the action or cross-claim files a memorandum of consent in respect of the action or cross-claim, or(b) if no objection to the Court’s jurisdiction has been raised by any of the parties prior to 3 months before the trial of the action commences.(3) For the purposes of subsection (1):(a) the jurisdictional limit of the Court in relation to an action commenced before 1 July 1993 is taken to be $100,000, and(b) the jurisdictional limit of the Court in relation to an action commenced on or after 1 July 1993 but before 18 July 1997 is taken to be $250,000.(4) The maximum amount for which judgment may be given in relation to an action or cross-claim that is dealt with pursuant to subsection (2) (b) is an amount equivalent to 50 per cent above the jurisdictional limit of the Court as at the time the action was commenced.(5) This section does not apply in relation to an action referred to in section 44 (1) (c).(6) Nothing in this section limits the operation of section 140 of the Civil Procedure Act 2005.(7) 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 Australian legal practitioner, 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.
52–70(Repealed)
(1) Where in an action commenced before the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at:(a) an amount in excess of $10,000 but not in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover:(i) the full amount of the verdict, or(ii) the total amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965,as the case may be, or(b) an amount in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover:(i) the amount of $15,000, or(ii) the amount of $15,000 reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965,as the case may be.(2) Where in an action commenced after the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at, an amount in excess of the amount for which the action was authorised by this Act to be brought, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover:(a) the maximum amount for which the action was authorised by this Act to be brought, or(b) that amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965,as the case may be.
76A Action to be tried without jury unless jury required in interests of justice
(1) An action is to be tried without a jury, unless the Court orders otherwise.(2) The Court may make an order under subsection (1) that an action is to be tried with a jury if:(a) any party to the action:(i) files, within the prescribed time, a requisition for trial with a jury, and(ii) pays the fee prescribed by the regulations made under section 18 of the Civil Procedure Act 2005, and(b) the Court is satisfied that the interests of justice require that the action be tried by a jury.(3) A fee paid under this section is to be treated as costs in the action, unless the Court orders otherwise.(4) This section does not apply to any action for defamation.Note. Section 21 of the Defamation Act 2005 makes provision for jury trials in defamation actions.
(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.(3), (4) (Repealed)(5) In any proceedings in which the Court has ordered a jury be summoned, the following questions of fact must be tried without the jury:(a) questions of fact on a defence arising under section 63 (5) or 64 (1) (c) of the Workers’ Compensation Act 1926 or section 151Z (1) (e) of the Workers Compensation Act 1987,(b) any other question of fact ordered by the Court.
It shall be the duty of a jury to answer any question of fact that may be left to the jury by the presiding Judge at the trial of an action.
Subdivision 9 Judgments and orders
Subject to this or any other Act, a judgment in an action shall, unless set aside in accordance with this Act, be final and conclusive between the parties to the action.
83B–83D(Repealed)
84–124(Repealed)
Division 7 Actions: new trial and appeal
In this Division, action includes interpleader action.
126 Order of the Court for new trial
(1) The Court in its discretion may, after judgment in an action, order that a new trial of the action be had if:(a) the parties to the action consent, or(b) the action is tried with a jury and on the day on which the jury gives its verdict in the action a party to the action:(i) in the presence of the other party, or(ii) in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party,makes application for the order, or(c) the action is tried without a jury and a party to the action:(i) in the presence of the other party and on the day on which judgment in the action is given, or(ii) in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party and, in any case, within 21 days after judgment in the action is given,makes application for the order.(2) The Court may, before judgment in an action and if no verdict in the action has been entered, order, on sufficient cause being shown, that the hearing of the action be discontinued and that a new trial be had.(3) This section does not limit the operation of section 127A.
127 Right of appeal to Supreme Court
(1) A party who is dissatisfied with a Judge’s or a Judicial Registrar’s judgment or order in an action may appeal to the Supreme Court.(2) The following appeals lie only by leave of the Supreme Court:(a) an appeal from an interlocutory judgment or order,(b) an appeal from a judgment or order as to costs only,(c) an appeal from a final judgment or order, other than an appeal:(i) that involves a matter at issue amounting to or of the value of $100,000 or more, or(ii) that involves (directly or indirectly) any claim, demand or question to or respecting any property or civil right amounting to or of the value of $100,000 or more,(d) an appeal from a judgment or order on an application for summary judgment under the rules,(e) an appeal from an order made with the consent of the parties.(3) In any other case, an appeal lies as of right.
(1) Where, in any proceedings in the Court, there is a trial of the proceedings or of any issue in the proceedings with a jury, an application for:(a) the setting aside of a verdict or judgment, or(b) a new trial, or(c) the alteration of a verdict by increasing or reducing any amount of debt, damages or other money,shall be by appeal to the Supreme Court.(2) An appeal under this section lies as of right.
128 Stay of proceedings on appeal to Supreme Court
(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.(2) If during that period:(a) an appeal is brought in respect of proceedings that have been stayed, and(b) security is given to the satisfaction of the registrar for the amount of the judgment debt (if any) payable by the appellant, including an amount assessed by the registrar in respect of any costs forming part of the judgment debt,the stay of proceedings is to continue until the appeal is disposed of or until the Court or the Supreme Court otherwise orders.(3) An appeal does not operate to stay proceedings in any other way.(4) This section does not affect the operation of section 156 (1).
An appeal shall not lie to the Supreme Court from any ruling, order, direction or decision if before the ruling, order, direction or decision is pronounced the parties agree in writing, signed by themselves or their Australian legal practitioner, that the ruling, order, direction or decision shall be final.
Division 8 Miscellaneous jurisdiction
132 Non-application of Divs 2–7
Subject to this Act and the rules, nothing in Divisions 2 to 7 (inclusive) applies to or in respect of any proceedings under this Division.
Subdivision 2 Possession of land, equity and other proceedings
133 Jurisdiction in proceedings for possession of land
(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for possession of land the value of which does not exceed $20,000, as determined by the Court.(2) Nothing in subsection (1) applies in respect of proceedings under the Landlord and Tenant Act 1899.
134 Jurisdiction in equity proceedings
(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for:(a) the foreclosure or redemption of a mortgage or the enforcing of any charge or lien where the amount owing in respect of the mortgage, charge or lien does not exceed $20,000, as determined by the Court,(b) the specific performance, rectification, delivery up or cancellation of any agreement for:(i) the sale or purchase of any property at a price not exceeding $20,000, or(ii) the lease of any property the value of which does not exceed $20,000, as determined by the Court,(c) an order under section 3 of the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or a family provision order under Chapter 3 of the Succession Act 2006,(d) relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed $20,000 in amount or value, as determined by the Court,(e) the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed $20,000 in amount or value, as determined by the Court, or(f) the administration of the estate of a deceased person, where the estate does not exceed $20,000 in amount or value, as determined by the Court, or(g) any application under the Property (Relationships) Act 1984, or(h) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which any other paragraph of this subsection applies), in an amount not exceeding the Court’s jurisdictional limit.(2) In any proceedings pursuant to subsection (1) (c), the Court shall not have power to make an order for provision under the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or Chapter 3 of the Succession Act 2006 that will or may result in the amount of provision so made exceeding $250,000.(3) In any proceedings pursuant to subsection (1) (g), the Court has no power to make an order for financial adjustment under Part 3 of the Property (Relationships) Act 1984 that will or may result in the amount of the adjustment so made exceeding $250,000.
The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings under Division 4 of Part 3 of the Frustrated Contracts Act 1978 where the claim does not exceed the Court’s jurisdictional limit in amount or value, as determined by the Court.
134B Jurisdiction in proceedings for review of contracts
(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings in which relief under the Contracts Review Act 1980 is sought, where the amount or value of the consideration that has passed or would, if the contract were fully executed, pass from one contracting party to another does not exceed the amount for the time being specified in section 44 (1) (a), as determined by the Court.(2) Subsection (1) does not authorise the Court to exercise the powers conferred by section 10 of the Contracts Review Act 1980.
135 Jurisdiction in proceedings under the Fair Trading Act 1987
The Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in any proceedings in which relief is sought under the Fair Trading Act 1987 and where the amount of the claim concerned does not exceed the amount for the time being specified in section 44 (1) (a).
137 Powers of the Court under this Subdivision
In relation to proceedings under this Subdivision:(a) the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances,(b) the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge:(i) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and(ii) any duty imposed on the officer by the rules or by any order of the Court,(c) the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and(d) without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure referred to in paragraph (c), shall, subject to the rules, extend to the enforcement of any judgment or order of the Court in those proceedings.
(1) Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to:(a) the procedure to be followed in respect of proceedings under this Subdivision, including the enforcement of any judgment or order of the Court in any such proceedings,(b) the costs of any such proceedings, and(c) any other matter necessary or convenient for giving effect to this Subdivision.(2) This section does not give power to make rules with respect to any matter relating to costs that is regulated by Part 3.2 of the Legal Profession Act 2004.
Division 7 applies to and in respect of proceedings under this Subdivision in the same way as if they were an action.
Subdivision 3 Temporary injunctions
(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.(3) A temporary injunction may be renewed so that the total period for which it is in force exceeds fourteen days if the Court is satisfied that the additional time is required to enable proceedings to be commenced or heard in the Supreme Court in relation to the matter.(4) A temporary injunction shall cease to be in force if:(a) the Court, on the application of a party, so orders, or(b) the Supreme Court, on the application of a party, so orders, whether or not the Supreme Court grants an injunction or gives any other relief in relation to the matter.(5) Proceedings for a temporary injunction may be commenced at any proclaimed place, not being a prescribed proclaimed place.(6) A temporary injunction may be renewed by the Court only where it is sitting at a proclaimed place that is not a prescribed proclaimed place.(7) A reference in this section to the renewal of a temporary injunction includes a reference to the grant of another temporary injunction in respect of the same matter by the Court, whether before or after the expiry of the firstmentioned injunction.
141 Powers of Court under this Subdivision
With respect to temporary injunctions:(a) the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof with respect to the granting of interlocutory injunctions,(b) the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge:(i) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge with respect to interlocutory injunctions, and(ii) any duty imposed on the officer by the rules or by any order of the Court,(c) the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable with respect to the granting of interlocutory injunctions, and(d) without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure of the Court referred to in paragraph (c), shall, subject to the rules, extend to the enforcement of a temporary injunction and any order of the Court made in connection with proceedings for the granting of the temporary injunction.
(1) Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to:(a) the procedure to be followed with respect to the granting and enforcing of temporary injunctions,(b) the costs of proceedings in the Court in relation to temporary injunctions, and(c) any other matter necessary or convenient for giving effect to this Subdivision.(2) This section does not give power to make rules with respect to any matter relating to costs that is regulated by Part 3.2 of the Legal Profession Act 2004.
Subdivision 4 Special civil jurisdiction
In this Subdivision:(a) a reference to an instrument is a reference to an Act (other than this Act) enacted before 1 July 1973, or a rule, by-law, regulation or ordinance, or any other instrument or document whatsoever, of the same or a different kind or nature, made, proclaimed, issued or published before that date, and(b) a reference to the special civil jurisdiction of the Court is a reference to the jurisdiction conferred on it under section 142B.
142B Special civil jurisdiction of Court
(1) The District Court shall have the same civil jurisdiction as each Court of Quarter Sessions had immediately before 1 July 1973.(2) The reference in subsection (1) to civil jurisdiction in relation to a Court of Quarter Sessions is a reference to that part of such a court’s jurisdiction that, immediately before 1 July 1973, was not of a criminal nature.(3) Subsection (1) is subject to the provisions of any enactment which commenced on or after 1 July 1973 and which relates to the jurisdiction referred to in that subsection.
142C References to Courts of Quarter Sessions in relation to the exercise by the District Court of its special jurisdiction
A reference in any instrument to a Court of Quarter Sessions shall, in relation to that part of the jurisdiction of such a Court which was not of a criminal nature, be construed as a reference to the District Court in its special civil jurisdiction.
142D Judges exercising special civil jurisdiction
(1) A Judge exercising the special civil jurisdiction of the District Court has, in relation to proceedings in the Court in that jurisdiction, the same powers, authorities, duties and functions as a Chairman of Quarter Sessions had in relation to corresponding proceedings in a Court of Quarter Sessions before 1 July 1973.(2) Except where express provision to the contrary is made by any other Act:(a) the trial of all issues arising in the Court in the exercise of its special civil jurisdiction,(b) the hearing of any application, or the making of any order, in relation to any such issues, and(c) all other matters relating to the exercise of that jurisdiction,shall be held before or dealt with by a Judge sitting alone.(3) A reference in any instrument to a Chairman of Quarter Sessions shall, in relation to a Court of Quarter Sessions in the exercise of that part of its jurisdiction which was not of a criminal nature, be construed as a reference to a Judge exercising the special civil jurisdiction of the District Court.
142E Powers of registrar in relation to exercise by the Court of its special civil jurisdiction
(1) The registrar has, in relation to the District Court in its special civil jurisdiction and to proceedings in the District Court in that jurisdiction, such of the powers, authorities, duties and functions that the Clerk of the Peace had in relation to Courts of Quarter Sessions when exercising the corresponding jurisdiction and in relation to similar proceedings in those courts before 1 July 1973 as are prescribed in the rules.(2) Subsection (1) is subject to the provisions of any enactment which commenced on or after 1 July 1973 and which relates to the jurisdiction referred to in that subsection.
142F Rules in relation to hearing etc of proceedings in the Court in its special civil jurisdiction
(1) Without affecting the generality of any other provision of this Part authorising the making of rules, the rules may make provision for or with respect to:(a) the procedure to be followed in respect of proceedings under this Subdivision, including the enforcement of any judgment or order of the Court in any such proceedings,(b) the costs of any such proceedings, and(c) any other matter necessary or convenient for giving effect to this Subdivision.(2) This section does not give power to make rules with respect to any matter relating to costs that is regulated by Part 3.2 of the Legal Profession Act 2004.
Division 8A Residual jurisdiction of Court
In this Division:residual jurisdiction means the jurisdiction conferred on the District Court by operation of the Compensation Court Repeal Act 2002.
Note. The jurisdiction conferred on the District Court by operation of the Compensation Court Repeal Act 2002 is the following jurisdiction:(a) jurisdiction to examine, hear and determine all coal miner matters (within the meaning of the Workplace Injury Management and Workers Compensation Act 1998) except matters arising under Part 5 of the Workers Compensation Act 1987,(b) jurisdiction to make determinations under section 216A of the Police Act 1990, section 21 of the Police Regulation (Superannuation) Act 1906, section 29 of the Sporting Injuries Insurance Act 1978 and sections 16 and 30 of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987,(c) jurisdiction to determine appeals under section 8I of the Workers’ Compensation (Dust Diseases) Act 1942.
142H Non-application of other Divisions
Subject to this Act and the rules, nothing in Division 2, 3, 7 or 8 (except for Subdivisions 6 and 7 of Division 3), and nothing in Division 9 or 9A, applies to or in respect of any proceedings under this Division.
Subdivision 2 Exercise of residual jurisdiction
142I Powers of Court when exercising residual jurisdiction
For the purposes of exercising its residual jurisdiction, the District Court has the same powers, authorities, duties and functions as the Compensation Court had under the Compensation Court Act 1984 immediately before 1 January 2004. The powers conferred by this section are not limited by any other provisions of this Division.
142J Decisions of Court when exercising residual jurisdiction
(1) The following apply in the exercise of the Court’s residual jurisdiction:(a) a decision of the Court in any matter is to be on the real merits and justice of the case,(b) the Court is not bound to follow strict legal precedent,(c) subject to Subdivision 3:(i) a decision or proceeding of the Court is not vitiated by reason of any informality or want of form, and(ii) a decision or proceeding of the Court is not liable to be appealed against, reviewed, quashed or called in question by any court, and(iii) no proceedings, whether for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of any decision or proceeding of the Court relating to, or on the face of the proceedings appearing to relate to, any matter within its residual jurisdiction, and(iv) the validity of any decision or proceeding of the Court cannot be challenged in any manner.(2) Nothing in subsection (1) prevents the Court from reconsidering any matter that has been dealt with by it in its residual jurisdiction (or had been dealt with by the Compensation Court), or from rescinding, altering or amending any decision previously made or given by the Court in the exercise of that jurisdiction (or by the Compensation Court), all of which the Court has authority to do.(3) In this section, decision includes award, order, determination, ruling and direction.
Section 112 of the Workplace Injury Management and Workers Compensation Act 1998 extends to any proceedings in the residual jurisdiction of the Court (not just proceedings under that Act), and in its application to proceedings under any other Act, is not limited by section 111A (Costs provisions apply only to existing claim matters) of that Act.
142L Special provision for evidence of exposure to noise
Historical evidence and general medical or other expert evidence concerning exposure of workers to noise in employment with particular employers or in employment of a particular class, that has been admitted in any proceedings before the Compensation Court or before the Court in its exercise of its residual jurisdiction, may, with the leave of the Court, be received as evidence in any other proceedings before the Court in its exercise of that jurisdiction, whether or not the proceedings are between the same parties.
(1) In this Subdivision, award includes interim award, order, decision, determination, ruling and direction.(2) A reference in this Subdivision to the making of an award includes, where the award is a ruling or direction, a reference to the giving of the ruling or direction.
142N Appeal to Court of Appeal on question of law
(1) If a party to any proceedings before the Court in its residual jurisdiction is aggrieved by an award of the Court in point of law or on a question as to the admission or rejection of evidence, that party may appeal to the Court of Appeal.(2) The Court of Appeal may, on the hearing of any appeal under this section, remit the matter to the District Court in its residual jurisdiction for determination by that Court in accordance with any decision of the Court of Appeal and may make such other order in relation to the appeal as the Court of Appeal sees fit.(3) A decision of the Court of Appeal on an appeal under this section is binding on the District Court and on all the parties to the proceedings in respect of which the appeal was made.(4) The following appeals under this section may be made only by leave of the Court of Appeal:(a) an appeal from an interlocutory decision,(b) an appeal from a decision as to costs only,(c) an appeal from a final decision or award, other than an appeal that involves (directly or indirectly) a claim for, or a question relating to, an amount of $20,000 or more,(d) an appeal from a decision or award made with the consent of the parties.
Subdivision 4 Stay of proceedings
(1) The Court may, subject to any order of the Supreme Court, order a stay of proceedings (on such terms as the Court thinks fit) in respect of any award the subject of an appeal under this Division.(2) In the absence of a stay of proceedings ordered by the Supreme Court or by the District Court, a notice of appeal does not operate as a stay of proceedings.(3) If a stay of proceedings is ordered by the Supreme Court or the District Court in respect of an appeal against an award of weekly payments of compensation, the stay of proceedings does not operate to affect the liability to make those payments under the award to the extent that the payments are in respect of a period after the award is made.(4) If the decision of the Supreme Court or District Court on any such appeal is to terminate liability to make the weekly payments of compensation, that Court may:(a) order that the Uninsured Liability and Indemnity Scheme established under the Workers Compensation Act 1987 bear the whole or a specified part of the liability to make those payments, and(b) give such directions as are necessary to give effect to the order.
142P Liaison with WorkCover Authority
(1) The Chief Judge may refer to the WorkCover Authority for inquiry or report any matter relating to the functions of the Court in its residual jurisdiction.(2) A Judge may refer to the WorkCover Authority:(a) a report on suspected fraud or contravention of the Workers Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act 1998 or the regulations under either of those Acts by any party to proceedings in the residual jurisdiction of the Court, and(b) a report on any neglect in the provision of rehabilitation for an injured worker, and(c) any other matter the Judge considers appropriate to refer to the Authority.
143–148E(Repealed)
Division 10 Miscellaneous provisions
149 Costs where no jurisdiction
Where any proceedings purport to be commenced in the Court and the Court has no jurisdiction to hear and dispose of the proceedings, the Court may, notwithstanding the lack of jurisdiction, make such order (if any) as it thinks fit for the payment by any party to any other party of the costs of the proceedings in the Court, and any such order for costs may be enforced as if the Court had had jurisdiction to hear and dispose of the proceedings.
(1) The Governor may make regulations for or with respect to fees to be paid in respect of the business of the Court.(2) Regulations may be made under this section so as to apply differently according to such factors as may be specified in the regulations.
151 Fees form part of Consolidated Fund
All fees received by a registrar under this Act shall be paid by the registrar to the Treasurer for payment to the Consolidated Fund.
(1) An amount which:(a) was paid to a registrar for or on account of or for the use or benefit of any party to any proceedings, and(b) remains unclaimed in the hands of the registrar for one year after a party to the proceedings becomes entitled to claim the amount,shall be paid by the registrar to the Treasurer and placed to the credit of the Special Deposits Account in the Treasury.(2) The provisions of section 14 (3) and (4) of the Public Finance and Audit Act 1983 apply to an amount placed to the credit of the Special Deposits Account under subsection (1) in the same way as they apply to money paid into that Account pursuant to section 14 (2) of that Act.
(1) All proceedings for offences against this Act shall be disposed of summarily before the Local Court.(2) (Repealed)
Where a person convicted of an offence against this Act is a corporation, every person who at the time of the commission of the offence was an officer of the corporation shall be deemed to have committed the like offence and be liable to the penalty provided by this Act for the offence accordingly, if the person knowingly and wilfully authorised or permitted the commission of the offence.
155 Civil remedy not affected by proceedings for an offence
Notwithstanding any proceedings against a person for an offence against this Act (whether resulting in a conviction or otherwise) that person shall remain liable to all civil proceedings in like manner as if the proceedings for the offence had not been taken.
156 General power of Court to stay proceedings
(1) At any stage of any proceedings, the Court may, on terms, order that the proceedings be stayed.(2) Nothing in subsection (1) limits any power conferred on the Court or a Judge by any other provision of this Act or by any other Act or rule of law to stay proceedings.
(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 the Judicial Registrar, other 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 Australian legal practitioner 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 Australian legal practitioner from that party,(aa), (ab) (Repealed)(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.(3) (Repealed)(4) The rules may make provision for or with respect to the bringing of money into the Court by a defendant in any proceedings and, without affecting the generality of the foregoing provisions of this subsection, may make provision for or with respect to:(a) prescribing the manner in which money may be so brought into the Court,(b) without affecting the generality of paragraph (a), deeming money to be brought into the Court if there is filed a security given by:(i) the Government Insurance Office under the Motor Vehicles (Third Party Insurance) Act 1942 or the Transport Accidents Compensation Act 1987 or where the matter relates to a cause of action which arose before 1 July 1984, an authorised insurer under that Act,(ii) a licensed insurer under the Workers’ Compensation Act 1926, or(iii) any other person authorised by the Court,(c) requiring the Government Insurance Office, insurer or other person who gives a security as referred to in paragraph (b) to pay the amount for which the security was given in the prescribed circumstances and providing that any such amount not so paid may be enforced as a judgment against the Government Insurance Office, insurer or other person, and(d) determining the effect on the cause or causes of action on which the proceedings were brought where the plaintiff accepts the money so brought into the Court.(5) A provision of the rules may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.(6) This section does not give power to make rules with respect to any matter relating to costs that is regulated by Part 3.2 of the Legal Profession Act 2004.(6A) This section does not give power to make rules in terms inconsistent with those of the uniform rules under the Civil Procedure Act 2005 unless the uniform rules expressly permit rules under this section to be made in those terms.(6B) The rules made under this section may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.(6C) The rules made under this section may provide for the exercise by a registrar or other officer of the Court of any of the Court’s administrative or judicial functions under this or any other Act and for the review by the Court of the exercise by a registrar or other such officer of any such function.(7) A practice note (including any other document, however described, which regulates the practice or procedure of the Court, or of any class of proceedings in the Court, but excluding a decision of the Court) issued by or on behalf of the Court must be published in the Gazette.(8) Sections 40 and 41 of the Interpretation Act 1987 apply to a practice note in the same way as they apply to a statutory rule.