Contents (1970 - 11)
Local Courts (Civil Claims) Act 1970 No 11
Status information

Long title

Part 1 Preliminary

1 Name of Act and commencement
2, 3 (Repealed)
4 Definitions
4A Notes
5 Saving of jurisdiction

Part 2 Courts and officers

Division 1 Courts

6 Divisions of courts exercising jurisdiction under this Act
7 Courts to be courts of record
7A Seals of courts

Division 2 Bailiffs

8, 8AA (Repealed)
8A Sheriff and Sheriff’s officers
9 Bailiffs

Division 3 Assessors

10 Appointment of, and qualifications for, Assessors

Division 3A

10A–10F (Repealed)

Division 4 Right of appearance

11 Appearance of parties

Part 3 Jurisdiction

Division 1 Amount

12 Limits of jurisdiction
12A Jurisdiction in proceedings for review of contracts
13 Actions not to be split or divided
14 Abandonment
15 Cross-claim

Division 2 Place

16 Where action may be brought
17 Jurisdiction when cause of action or defendant outside the State
18 Change of venue

Division 3 Subject-matter

19 Limitation of jurisdiction

Division 4 Parties

20 Persons jointly liable
21 (Repealed)

Part 3A Removal of actions into or from District Court

Division 1 Removal of actions into District Court

21A Definitions
21B Removal of proceedings into District Court
21C Stay of proceedings in Local Court
21D Place of application for removal or stay
21E Proceedings after removal

Division 2 Removal of actions from District Court

21F Removal of proceedings from District Court
21G Proceedings after removal

Part 3B Arbitration under Arbitration (Civil Actions) Act 1983

21H Arbitration under Arbitration (Civil Actions) Act 1983

Part 3C Mediation and neutral evaluation

21I Purpose of Part
21J Meaning of “mediation” and “neutral evaluation”
21K Other definitions
21L Referral by court
21M Mediation and neutral evaluation to be voluntary
21N Costs of mediation and neutral evaluation
21O Agreements and arrangements arising from mediation sessions
21P Mediators and evaluators
21Q Privilege
21R Secrecy
21S Exoneration from liability for listed mediators and evaluators
21T Regulations for the purposes of this Part

Part 4 Procedure

Division 1 Commencement of actions

22 Manner of commencement of actions

Division 2 Defences

23 Right to defend action

Division 2A Procedure etc in Small Claims Division

23A Conciliation of parties
23B Procedure generally in Small Claims Division

Divisions 3, 3A

24–25A (Repealed)

Division 4 Judgment

26–28 (Repealed)
28A Judgment in an action relating to the detention of goods
29 Judgment against some only of defendants
30 (Repealed)
31 Judgments—how recorded
32 Power to stay proceedings

Division 5 Costs

33 Definition of “costs”
34 Costs to be in discretion of court
34A (Repealed)
35 Costs to form part of judgment debt
36–38 (Repealed)

Division 6 Interest

39 Interest on judgment debt
39A Order for interest
39B (Repealed)

Part 5 Enforcement of judgments

Division 1

40 (Repealed)

Division 2 Examination of judgment debtor

41 Summons for examination of judgment debtor
42 Failure to attend in answer to examination summons
43 (Repealed)
43A Examination notice
44 Examination of judgment debtor
45 Where judgment debtor corporation
46 Offences where judgment debtor attends for examination

Division 3 Attachment of debts

47 Garnishee orders
47A Affidavit that no debt due or accruing
47B Time for payment by garnishee
47C Notice required for certain attached debts accruing
47D Garnishee’s costs
47E Reduction of attached debt by court
48 Continuous operation of garnishee order
49 Limitation on operation of garnishee orders attaching a wage or salary
50 Payment under certain garnishee orders
51 Limitation of payment under certain concurrent attachment orders
52 Procedure where garnishee order not complied with
52A Bank, building society and credit union accounts
53 (Repealed)
54 Discharge of garnishee
55 Payments by garnishee to judgment creditor
56 Judgment creditor to account for any excess paid by a garnishee
57 Registrar may pay amounts received from garnishee to judgment creditor

Division 4 Execution

58 Execution
59 Sheriff or bailiff to take under writ of execution
59A Auctioning of seized property
60, 61 (Repealed)
62 Realty and leaseholds
62A Special provisions relating to execution against land
62B Sale or mortgage by judgment debtor of land affected by writ

Division 5 Setting off of judgments

63 Enforcement where judgment given on action and cross-claim
64 Set-off of judgments

Division 6 Limitation periods

64A Limitation on enforcement

Part 6 Interpleader

65 Interpleader by defendant, Sheriff or bailiff
66 Claim by third party to property seized under writ of execution
67 Registrar to issue summons and record commencement of interpleader action
68 Adverse titles

Part 7 Appeal

69 Appeal

Part 8 Miscellaneous

69A Matters ancillary to hearing
70 Certain orders to be deemed to be judgments
71 Arbitration award may be entered up as a judgment
72 Witnesses
73 Service of processes
74 Proceedings may not be removed
75 Adjournment
75A Irregularity
76, 76A (Repealed)
77 Proceedings after abolition of court
78 Privilege
79 Obstructing Sheriff or bailiff
80 Court fees not charged to Government departments etc
81 Proceedings for offences
82 Provisions relating to offences by bodies corporate
83 Civil remedy not affected by proceedings for an offence
83A Forms
84 Rules
85 Regulations—court fees
86 Savings and transitional provisions

 Schedule 1 Provisions relating to Assessors

 Schedule 2 Savings and transitional provisions

Historical notes