{"id":"local-court-civil-procedure-act-1989","name":"Local Court (Civil Procedure) Act 1989","slug":"local-court-civil-procedure-act-1989","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30221,"registerId":"nt-local-court-civil-procedure-act-1989-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Court (Civil Procedure) Act 1989","content":"NORTHERN TERRITORY OF AUSTRALIA\nLOCAL COURT (CIVIL PROCEDURE) ACT 1989\nAs in force at 1 May 2016\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application of Act ............................................................................. 1\nPart III Procedure in civil proceedings\n14 Certain proceedings brought by children ......................................... 1\n15 Claim beyond jurisdiction ................................................................. 2\n16 Pre-hearing conferences etc............................................................ 2\n17 Directions......................................................................................... 3\n18 Transfer of proceedings to Supreme Court...................................... 3\n19 Appeal to Supreme Court ................................................................ 4\n20 Re-hearing ....................................................................................... 4\nPart V Enforcement\nDivision 1 General\n22 Enforcement of orders ..................................................................... 5\n22A Powers of person executing warrant of seizure and sale ................ 7\n22B Powers of police who execute or assist in execution of warrant\nof seizure and sale .......................................................................... 8\n23 Enforcement of orders not for payment of money............................ 8\n24 Enforcement by Supreme Court ...................................................... 9\nDivision 2 Judgment debtors\n25 Definitions ........................................................................................ 9\n26 Examination of judgment debtor ...................................................... 9\n27 Instalment order............................................................................. 10\nPart VI Miscellaneous\n28A Court may order stay of proceedings............................................. 10\n28C Court may issue certificate to victim of identity crime .................... 11\n29 Power to adjourn hearing............................................................... 11\n31 Costs to be in discretion of Court................................................... 12\n32 Costs liability of legal practitioner .................................................. 12\n36 Unclaimed money .......................................................................... 13\n\nLocal Court (Civil Procedure) Act 1989 ii\n36A Regulations.................................................................................... 13\nPart VII Repeal and saving\n37 Repeal ........................................................................................... 13\n38 Saving of jurisdiction ...................................................................... 13\nSchedule Acts repealed\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2016\n____________________\nLOCAL COURT (CIVIL PROCEDURE) ACT 1989\nAn Act relating to procedure for civil proceedings in the Local Court\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Local Court (Civil Procedure)\nAct 1989.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act:\nCourt means the Local Court.\nproceedings means civil proceedings, as defined in section 3 of\nthe Local Court Act 2015.\nregistrar, see section 3 of the Local Court Act 2015.\nRules, see section 3 of the Local Court Act 2015.\n4 Application of Act\nThis Act applies in relation to the Court's civil jurisdiction (as defined\nin section 3 of the Local Court Act 2015).\nPart III Procedure in civil proceedings\n14 Certain proceedings brought by children\nA child may bring proceedings in the Court for the recovery of\nmoney payable to the child under a contract of service or a contract\nfor services as if the child were an adult.\n\nPart III Procedure in civil proceedings\nLocal Court (Civil Procedure) Act 1989 2\n15 Claim beyond jurisdiction\n(1) Where a claim is wholly or partly beyond the jurisdiction of the\nCourt, the Court may:\n(a) amend the claim for the purpose of bringing it within\njurisdiction;\n(b) order that the proceedings be stayed pending the making of\nan application under section 18; or\n(c) order that the claim be struck out and award costs as if it had\njurisdiction and the claim were dismissed.\n(2) Where:\n(a) under subsection (1)(b), the Court orders that proceedings be\nstayed pending the making of an application under section 18;\nand\n(b) within a reasonable time after the making of that order the\nproceedings have not been transferred to the Supreme Court,\nthe Court may exercise the power conferred by subsection (1)(c).\n16 Pre-hearing conferences etc.\n(1) The:\n(a) Court may, whether of its own motion or on the application of\na party, order; or\n(b) Rules may require,\nthat proceedings, or a matter raised in proceedings, be referred to:\n(c) a pre-hearing conference;\n(d) a mediation conference; or\n(e) an arbitration conference,\nwhich shall be conducted in accordance with the Rules by the\nperson presiding.\n(2) If a matter is not settled between the parties at a conference\nreferred to in subsection (1), the person presiding may refer it back\nto the Court.\n\nPart III Procedure in civil proceedings\nLocal Court (Civil Procedure) Act 1989 3\n(3) In the settlement of a matter at a conference referred to in\nsubsection (1), the person presiding at:\n(a) a pre-hearing conference or a mediation conference – may,\nwith the consent in writing of each of the parties, make a final\norder in the proceedings; or\n(b) an arbitration conference – may make a final order in the\nproceedings.\n(4) A party to the proceedings may, within 14 days after the making of\nan order under subsection (3)(b), apply for a rehearing, in\naccordance with the Rules, to the Court.\n(5) An order made under subsection (3) has effect as an order of the\nCourt.\n17 Directions\nThe Court may, at any stage of proceedings (including a\npre-hearing, mediation or arbitration conference), give such\ndirections for the conduct of the proceedings as it thinks conducive\nto the effective, complete, prompt and economical determination of\nthe proceedings.\n18 Transfer of proceedings to Supreme Court\n(1) A party to proceedings (other than an appeal) may apply to the\nCourt for an order that the proceedings be transferred to the\nSupreme Court.\n(2) An application may be made under subsection (1) even if the claim\nthe subject of the proceedings is wholly or partly beyond the\njurisdiction of the Court.\n(3) On an application under subsection (1), the Court may, if it\nconsiders it appropriate to do so, order that the proceedings be\ntransferred to the Supreme Court.\n(4) Where an order is made under this section:\n(a) the proceedings in the Local Court are is discontinued;\n(b) the record and all documents relating to the proceedings must\nbe transmitted by the principal registrar to the Supreme Court;\nand\n(c) the Supreme Court has power to regulate the procedure in the\ntransferred proceedings.\n\nPart III Procedure in civil proceedings\nLocal Court (Civil Procedure) Act 1989 4\n19 Appeal to Supreme Court\n(1) A party to proceedings may:\n(a) within 28 days; or\n(b) with the leave of the Supreme Court, after the expiration of\n28 days,\nafter the day on which the order complained of was made, appeal\nto the Supreme Court, on a question of law, from a final order of the\nCourt in the proceedings.\n(2) The Supreme Court may grant leave under subsection (1)(b) and\nthe appellant may proceed with the appeal if the Supreme Court:\n(a) is of the opinion that the failure to institute the appeal within\nthe period referred to in subsection (1)(a) was due to\nexceptional circumstances; and\n(b) is satisfied that the case of any other party to the appeal would\nnot be materially prejudiced because of the delay.\n(5) An appeal under this section shall be brought in accordance with\nthe Rules of the Supreme Court.\n(6) After hearing and determining the appeal, the Supreme Court may\nmake such order as it thinks fit, including an order remitting the\ncase for re-hearing to the Court with or without directions on the\nlaw.\n(7) An order made by the Supreme Court on the appeal, other than an\norder remitting the case for re-hearing to the Court, may be\nenforced as an order of the Supreme Court.\n20 Re-hearing\n(1) Where, in proceedings other than an appeal, an order is made by\nthe Court against a person who:\n(a) did not file a notice of defence;\n(b) did not appear in the proceedings; or\n(c) consented to the making of the order but there are grounds on\nwhich to satisfy the Court that the order is to be set aside (for\nexample on the grounds of fraud, duress, suppression of\nevidence or the giving of false evidence),\n\nPart V Enforcement\nDivision 1 General\nLocal Court (Civil Procedure) Act 1989 5\nthe person may, subject to and in accordance with the Rules, apply\nto the Court for an order that the order be set aside and the\nproceedings be re-heard.\n(2) On an application under this section, the Court may set aside the\norder subject to such terms and conditions, if any, as it thinks fit and\nre-hear the proceedings.\n(3) Subject to subsection (4), an application under this section does not\noperate as a stay of the order unless the Court so orders.\n(4) An application under this section in respect of an order for the\npayment of money operates as a stay of so much of the order as\nrelates to the payment of money.\n(5) If an applicant under this section fails to appear at the time fixed for\nthe hearing of the application and the application is struck out, the\napplicant may re-apply only if the applicant first obtains the leave of\nthe Court.\nPart V Enforcement\nDivision 1 General\n22 Enforcement of orders\n(1) An order made by the Court for the payment of money may, subject\nto and in accordance with the Rules, be enforced by:\n(a) a warrant of seizure and sale;\n(b) an attachment of earnings order;\n(c) an attachment of debts order;\n(d) a charging order;\n(e) the appointment of a receiver; or\n(f) sequestration,\nor any combination of those means.\n(2) A warrant of seizure and sale may direct and authorize the person\nto whom it is directed to take and sell any property belonging to the\nperson named or described in the warrant.\n\nPart V Enforcement\nDivision 1 General\nLocal Court (Civil Procedure) Act 1989 6\n(3) An order for the delivery of goods and an order for the delivery of\ngoods or the payment of their assessed value may, subject to and\nin accordance with the Rules, be enforced by a warrant of delivery.\n(4) A warrant of delivery may direct and authorize the person to whom\nit is directed to cause the goods described in the warrant to be\ndelivered to the person specified in the warrant or to levy payment\nof the assessed value of the goods from other property of the\nperson against whom the order is made.\n(5) An order for the payment of the assessed value of goods may be\nenforced by the same means as any other order for the payment of\nmoney.\n(6) An order for the possession of land may, subject to and in\naccordance with the Rules, be enforced by a warrant of possession.\n(7) A warrant of possession to enforce an order for the possession of\nland may direct and authorize the person to whom it is directed to\nturn out any person from the land described in the warrant and may\ninclude provision for enforcing the payment of money required by\nthe order to be paid.\n(8) A person shall not dismiss an employee or injure an employee in\nthe employee's employment, or alter an employee's position to the\nprejudice of the employee, because an attachment of earnings\norder has been made in relation to the employee or the employee is\nrequired to make payments under an attachment of earnings order.\nMaximum penalty: 85 penalty units.\n(9) A court convicting a person of an offence against subsection (8)\nmay order the person to reimburse the employee any lost wages\nresulting from the action constituting the offence and to cause the\nemployee to be reinstated in the employee's former position or in a\nsimilar position.\n(10) An amount ordered to be reimbursed under subsection (9) may be\nrecovered from the person found guilty in the same manner as the\npenalty to which that person is liable under subsection (8) and may\nbe included in the same warrant of distress.\n(11) An attachment of earnings order may apply to earnings falling to be\npaid:\n(a) by the Crown in right of the Territory or the Commonwealth;\n(b) by a statutory authority representing the Crown in right of the\nTerritory or the Commonwealth; or\n\nPart V Enforcement\nDivision 1 General\nLocal Court (Civil Procedure) Act 1989 7\n(c) from the public moneys of the Territory.\n(12) An attachment of earnings order or an attachment of debts order\nshall bind the relevant earnings or debts in the hands of the person\nnamed in the order.\n(13) For the purpose of securing the payment of a judgment debt, the\nCourt may, by order, impose a charge on the beneficial interest of\nthe judgment debtor in a security.\n(14) An application for the appointment of a receiver by way of equitable\nexecution may be made in accordance with the Rules and the\nRules apply to the receiver who is appointed as they apply to a\nreceiver appointed for any other purpose.\n(15) A sequestration order must appoint one or more persons as\nsequestrators and provide that the sequestrator or sequestrators be\nauthorised and directed to:\n(a) enter on and take possession of the real and personal estate\nof the person bound;\n(b) collect, receive and get into his, her of their hands the rents\nand profits of the person's real and personal estate; and\n(c) keep the rents and profits under sequestration in his, her or\ntheir hands until the person bound complies with the judgment\nto be enforced by sequestration, or until further order.\n22A Powers of person executing warrant of seizure and sale\n(1) A person to whom a warrant of seizure and sale is directed is, by\noperation of this section, authorised for the purposes of executing\nthe warrant to enter and remain on premises he or she believes on\nreasonable grounds to be owned or occupied by the person named\nor described in the warrant.\n(2) Subject to section 22B, the authorisation under subsection (1) does\nnot authorise the use of force or violence.\n(3) A person referred to in subsection (1) may request a member of the\nPolice Force to assist him or her in the execution of the warrant.\n(4) In this section, premises includes land (whether built on or not), a\nbuilding or part of a building.\n\nPart V Enforcement\nDivision 1 General\nLocal Court (Civil Procedure) Act 1989 8\n22B Powers of police who execute or assist in execution of warrant\nof seizure and sale\n(1) A member of the Police Force who:\n(a) is the person to whom a warrant of seizure and sale is\ndirected; or\n(b) is assisting a person in the execution of a warrant of seizure\nand sale,\nmay for the purpose of the execution of the warrant enter and\nremain, with the force that is necessary and reasonable, on\npremises that he or she believes on reasonable grounds to be\nowned or occupied by the person named or described in the\nwarrant.\n(2) Nothing in this section derogates from the powers a member of the\nPolice Force has under any other law in force in the Territory.\n23 Enforcement of orders not for payment of money\n(1) Where by or under this or any other Act a power (whether or not\nexpressed as a power to make an order) is given to the Court to\nrequire:\n(a) a person to do or abstain from doing an act or thing, other\nthan to pay money; or\n(b) an act or thing, other than the payment of money, to be done\nor left undone,\nthe Court may exercise the power by an order or orders.\n(2) Where the Court makes an order under subsection (1), it may:\n(a) attach to the order conditions as to time or mode of action\nwhich are authorized by or under an Act or as it thinks fit;\n(b) suspend or rescind the order on an undertaking being given or\ncondition being performed, as it thinks fit; and\n(c) generally make an arrangement for carrying into effect the\npower, as it thinks fit.\n(3) Subject to subsection (4), a person who defaults in complying with\nan order made under subsection (1) is, for the default, liable to:\n(a) pay a fine for every day during which the default continues; or\n(b) be imprisoned for so long as the default continues,\n\nPart V Enforcement\nDivision 2 Judgment debtors\nLocal Court (Civil Procedure) Act 1989 9\nand pay damages where loss occurred as a result of the default.\n(4) A person is not liable under this section to imprisonment for a\nperiod or periods amounting in the aggregate to more than\n2 months for non-compliance with the requirement of the Court\n(whether made by one or more orders) to do or abstain from doing\nan act or thing.\n24 Enforcement by Supreme Court\n(1) Where an order is made by the Court and a warrant of seizure and\nsale has been returned unsatisfied in whole or in part, a registrar\nmust, on the application of the person entitled to enforce the order,\ngive that person a certificate of the order and of the amount\nremaining unpaid under the order and record the fact of the giving\nof the certificate in the Court records.\n(2) A person who is given a certificate under subsection (1) may file the\ncertificate in the Supreme Court and, on the filing of the certificate,\njudgment shall be deemed to have been entered in the Supreme\nCourt for the amount mentioned in the certificate as being unpaid,\ntogether with all fees paid for obtaining and filing the certificate and\nthe prescribed amount for costs.\n(3) After the issue of a certificate under subsection (1) no further\nproceedings shall be taken in the Court in relation to the order but,\non the filing of the certificate in the Supreme Court, the judgment\nthat shall be deemed to have been entered may be enforced by the\nsame means as any other judgment entered in the Supreme Court.\nDivision 2 Judgment debtors\n25 Definitions\nIn this Division:\nexamination summons means a summons issued under\nsection 26(1).\ninstalment order means an order made under section 27(1).\n26 Examination of judgment debtor\n(1) On the application of a judgment creditor the Court may issue a\nsummons for the examination of a judgment debtor.\n(2) An examination summons may require the debtor to attend and be\nexamined, on oath or otherwise, about the debtor's financial\ncircumstances and may require the debtor to produce any\ndocument or thing in the debtor's possession or control that may\n\nPart VI Miscellaneous\nLocal Court (Civil Procedure) Act 1989 10\ntend to show the financial circumstances of the debtor.\n(3) If a judgment debtor does not attend as required by an examination\nsummons, the Court may:\n(a) adjourn the examination; or\n(b) issue a warrant for the arrest of the debtor.\n(4) A warrant issued in pursuance of subsection (3)(b) continues in\nforce until it:\n(a) is executed;\n(b) is revoked; or\n(c) expires in accordance with the Rules,\nwhichever first occurs, and is executed when the Court has\ncompleted its examination of the debtor.\n27 Instalment order\n(1) The Court may order that a judgment debtor pay the amount of a\njudgment debt then owing by instalments.\n(2) An instalment order may be made:\n(a) by the Court of its own motion; or\n(b) subject to the Rules, on the application of a judgment creditor\nor judgment debtor.\n(3) While an instalment order is being complied with, it operates as a\nstay of enforcement of the judgment concerned.\n(4) Failure to comply with an instalment order does not terminate the\nstay of enforcement referred to in subsection (3) until the failure has\ncontinued for 14 days.\nPart VI Miscellaneous\n28A Court may order stay of proceedings\nThe Court may, at any stage of proceedings, except where\notherwise provided by this or any other Act, order a stay of the\nproceedings on the terms and conditions (if any) as it thinks fit.\n\nPart VI Miscellaneous\nLocal Court (Civil Procedure) Act 1989 11\n28C Court may issue certificate to victim of identity crime\n(1) The Court may, on application by a person (the victim), issue a\ncertificate if satisfied on the balance of probabilities that:\n(a) an offence against section 228C, 228D or 228E of the\nCriminal Code has been committed; and\n(b) the victim's identification information was the subject of the\noffence; and\n(c) the certificate may assist the victim to deal with any problems\nthe commission of the offence has caused in relation to the\nvictim's personal or business affairs.\n(2) The Court may issue a certificate whether or not:\n(a) the person who committed the offence is identifiable; and\n(b) any criminal proceedings have been or can be taken against a\nperson in relation to the offence or are pending.\n(3) A certificate must:\n(a) identify the victim of the offence; and\n(b) explain how identification information relating to the victim was\nused to commit the offence; and\n(c) contain any other information the Court considers appropriate\nin order to assist the victim to deal with any problems the\ncommission of the offence has caused in relation to the\nvictim's personal or business affairs.\n(4) Despite subsection (3), a certificate must not identify the person\nwho committed, or allegedly committed, the offence to which it\nrelates.\n(5) A certificate is not admissible as evidence in any criminal\nproceedings in relation to the offence to which it relates.\n(6) In this section:\nidentification information, see section 228A of the Criminal Code.\n29 Power to adjourn hearing\n(1) The Court may, on the application of a party to proceedings or on\nits own initiative, adjourn a hearing:\n(a) to such times and places;\n\nPart VI Miscellaneous\nLocal Court (Civil Procedure) Act 1989 12\n(b) for such purposes; and\n(c) on such terms as to costs or otherwise,\nas it thinks fit.\n(2) Where the Court has adjourned a hearing to a particular time, it\nmay, on the application of a party, reasonable notice of which has\nbeen given to the other party or parties, or by consent of all the\nparties, order that the hearing be held or resumed before that time.\n31 Costs to be in discretion of Court\n(1) Subject to this or any other Act or the Rules, the costs of and\nincidental to proceedings in the Court are in the Court's discretion\nand it has full power to determine by whom, to whom and to what\nextent the costs are to be paid.\n(2) This section applies even if the claim the subject of the proceedings\nis wholly or partly beyond the jurisdiction of the Court.\n32 Costs liability of legal practitioner\n(1) Where a legal practitioner for a party to proceedings, whether\npersonally or through a servant or an agent, has caused costs to be\nincurred improperly or without reasonable cause or to be wasted by\nundue delay or negligence or by any other misconduct or default,\nthe Court may make an order that:\n(a) all or any of the costs between the legal practitioner and the\nclient be disallowed or that the legal practitioner repay to the\nclient the whole or part of any money paid on account of costs;\n(b) the legal practitioner pay to the client all or any of the costs\nwhich the client has been ordered to pay to any party; or\n(c) the legal practitioner pay all or any of the costs payable by a\nparty other than the client.\n(2) Without limiting the generality of subsection (1), a legal practitioner\nis in default for the purposes of that subsection if proceedings\ncannot conveniently be heard or proceed, or fail or are adjourned\nwithout any useful progress being made, because the legal\npractitioner failed to:\n(a) attend in person or by a proper representative;\n(b) file a document which ought to have been filed;\n\nPart VII Repeal and saving\nLocal Court (Civil Procedure) Act 1989 13\n(c) lodge or deliver a document for the use of the Court which\nought to have been lodged or delivered;\n(d) be prepared with proper evidence or an account; or\n(e) otherwise proceed.\n(3) The Court shall not make an order under subsection (1) without\ngiving the legal practitioner a reasonable opportunity to be heard.\n(4) The Court may order that notice of proceedings or an order against\na legal practitioner under this section be given to the client in such\nmanner as it directs.\n(5) This section applies even if the claim the subject of the proceedings\nis wholly or partly beyond the jurisdiction of the Court.\n(6) This section also applies to a law practice, as defined in section 4 of\nthe Legal Practitioners Act 2006, that employs the legal practitioner.\n36 Unclaimed money\n(1) All moneys which, whether before or after the commencement of\nthis Act, have been paid into court to the use of a party to a\nproceeding before the Court shall, if unclaimed for 3 years, be paid\ninto the Central Holding Authority.\n(2) A person entitled to claim money paid under subsection (1) into the\nCentral Holding Authority may apply to the principal registrar for a\ncertificate certifying the claimant's right to claim the money.\n(3) On receiving a certificate referred to in subsection (2), the\nTreasurer, if satisfied that the claimant is not precluded from\nclaiming the amount by the Limitation Act 1981, shall authorize\npayment of the money to the claimant or the claimant's agent.\n36A Regulations\nThe Administrator may make regulations under this Act.\nPart VII Repeal and saving\n37 Repeal\nThe Acts listed in the Schedule are repealed.\n38 Saving of jurisdiction\n(1) A Local Court in existence immediately before the commencement\nof this Act shall continue as if it were the Court established by this\n\nPart VII Repeal and saving\nLocal Court (Civil Procedure) Act 1989 14\nAct and all proceedings already commenced in that Court shall be\ncontinued, heard and determined under this Act in accordance with\nthis Act and the Rules and all judgments and orders of that Court\nshall continue in force as if they were judgments and orders of the\nCourt established by this Act.\n(2) All records of a Local Court in existence immediately before the\ncommencement of this Act shall continue and be incorporated with,\nand shall be deemed to form part of, the records of the Court\nestablished by this Act.\n(3) A reference to a Local Court in an Act, instrument of a legislative or\nadministrative character or other document in force before the\ncommencement of this Act shall be read as including a reference to\nthe Court established by this Act.\n(4) A reference to a Clerk of Court in an Act, instrument of a legislative\nor administrative character or other document in force before the\ncommencement of this Act shall be read as including a reference to\na Registrar, or to a Clerk of the Court of Summary Jurisdiction, as\nappropriate.\n\nSchedule Acts repealed\nLocal Court (Civil Procedure) Act 1989 15\nSchedule Acts repealed\nsection 37\nNumber and year Act or provision year\nNo. 6 1941 Local Courts Ordinance 1941\nNo. 4 1947 Local Courts Ordinance 1947\nNo. 9 1952 Local Courts Ordinance 1952\nNo. 20 1954 Local Courts Ordinance 1954\nNo. 25 1955 Local Courts Ordinance 1955\nNo. 41 1957 Local Courts Ordinance 1957\nNo. 2 1965 Local Courts Ordinance 1964\nNo. 24 1965 Local Courts Ordinance 1965\nNo. 46 1970 Local Courts Ordinance 1970\nNo. 60 1970 Local Courts Ordinance (No. 2) 1970\nNo. 17 1971 Local Courts Ordinance 1971\nNo. 14 1974 Local Courts Ordinance 1974\nNo. 5 1976 Local Courts Ordinance 1975\nNo. 40 1979 Local Courts Act 1979\nNo. 115 1979 Local Courts Act (No. 2) 1979\nNo. 25 1981 Local Courts Act (No. 2) 1979\nAmendment Act 1981\nNo. 108 1981 Local Courts Amendment Act 1981\nNo. 45 1983 Local Courts Amendment Act 1983\n\nENDNOTES\nLocal Court (Civil Procedure) Act 1989 16\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLocal Court Act 1989 (Act No. 31, 1989)\nAssent date 28 June 1989\nCommenced 1 January 1991 (Gaz G49, 12 December 1990, p 2)\nLocal Court Amendment Act 1991 (Act No. 76, 1991)\nAssent date 10 December 1991\nCommenced 1 February 1992 (Gaz S7, 31 January 1992)\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nLocal Court Amendment Act 1997 (Act No. 20, 1997)\nAssent date 7 May 1997\nCommenced 1 June 1998 (Gaz G19, 20 May 1998, p 2)\nLocal Court Amendment Act 1998 (Act No. 58, 1998)\nAssent date 1 September 1998\nCommenced 7 October 1998 (Gaz G39, 7 October 1998, p 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nLocal Court Amendment Act 2001 (Act No. 64, 2001)\nAssent date 21 December 2001\nCommenced 13 February 2002 (Gaz G6, 13 February 2002, p 4)\n\nENDNOTES\nLocal Court (Civil Procedure) Act 1989 17\nPersonal Injuries (Liabilities and Damages) (Consequential Amendments) Act 2003\n(Act No. 4, 2003)\nAssent date 18 March 2003\nCommenced 1 May 2003 (Gaz G17, 30 April 2003, p 3)\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\nEvidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,\n2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nCross-border Justice Act 2009 (Act No. 1, 2009)\nAssent date 12 March 2009\nCommenced ss 67(b), 68(2)(e), 106, 108, 114, 116 and pt 15, div 6:\n1 December 2009; rem: 1 November 2009 (Gaz S59,\n29 October 2009)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nJustice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)\nAssent date 21 March 2012\nCommenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012\n(Gaz G29, 18 July 2012, p 7)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nCriminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014)\nAssent date 16 April 2014\nCommenced 1 July 2014 (Gaz S52, 1 July 2014)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 8(2) Local Court Amendment Act 1997 (Act No. 20, 1997)\n\nENDNOTES\nLocal Court (Civil Procedure) Act 1989 18\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 32 and 36.\n5 LIST OF AMENDMENTS\nlt sub No. 9, 2016, s 29\ns 1 sub No. 9, 2016, s 30\ns 3 amd No. 14, 1995, s 12; No. 20, 1997, s 4; No. 32, 2006, s 10\nsub No. 9, 2016, s 31\npt II hdg rep No. 9, 2016, s 31\ns 4 sub No. 9, 2016, s 31\ns 5 amd No. 76, 1991, s 4\nrep No. 9, 2016, s 31\ns 5A ins No. 1, 2009, s 150\nrep No. 9, 2016, s 31\ns 6 – 8 rep No. 9, 2016, s 31\ns 9 amd No. 14, 1995, s 12; No. 1, 2009, s 151\nrep No. 9, 2016, s 31\ns 10 amd No. 40, 2010, s 75\nrep No. 9, 2016, s 31\ns 10A ins No. 20, 1997, s 5\nrep No. 9, 2016, s 31\ns 11 amd No. 76, 1991, s 5\nrep No. 9, 2016, s 31\ns 12 amd No. 76, 1991, s 6; No. 20, 1997, s 6\nrep No. 9, 2016, s 31\ns 13 amd No. 20, 1997, s 7\nrep No. 9, 2016, s 31\npt III hdg sub No. 9, 2016, s 32\ns 14 amd No. 76, 1991, s 7; No. 20, 1997, s 8\nsub No. 9, 2016, s 33\ns 15 amd No. 9, 2016, s 39\ns 16 sub No. 76, 1991, s 8\namd No. 9, 2016, s 39\ns 17 amd No. 76, 1991, s 9; No. 9, 2016, s 39\ns 18 amd No. 20, 1997, s 9; No. 9, 2016, s 39\ns 19 amd No. 20, 1997, s 10; No. 64, 2001, s 4; No. 12, 2003, s 10; No. 2, 2012,\ns 15; No. 9, 2016, s 34\ns 20 amd by No. 20, 1997, s 11; No. 9, 2016, s 39\npt IV hdg rep No. 9, 2016, s 35\ns 21 amd No. 76, 1991, s 10; No. 58, 1998, s 4; No. 4, 2003, s 4\nrep No. 9, 2016, s 35\ns 22 amd No. 17, 1996, s 6; No. 20, 1997, s 12; No. 27, 1999, s 15; No. 12, 2010,\ns 3; No. 9, 2016, s 39\nss 22A – 22B ins No. 58, 1998, s 5\ns 24 amd No. 20, 1997, s 13; No. 9, 2016, s 39\ns 28 rep No. 9, 2016, s 35\ns 28A ins No. 20, 1997, s 14\namd No. 9, 2016, s 39\ns 28B ins No. 20, 1997, s 14\nrep No. 9, 2016, s 35\ns 28C ins No. 9, 2014, s 8\ns 29 amd No. 9, 2016, s 39\ns 30 amd No. 40, 2010, s 76\nrep No. 9, 2016, s 35\n\nENDNOTES\nLocal Court (Civil Procedure) Act 1989 19\ns 31 amd No. 9, 2016, s 36\ns 32 amd No. 9, 2016, s 39\ns 33 amd No. 76, 1991, s 11; No. 23, 2013, s 8\nrep No. 9, 2016, s 37\ns 34 amd No. 20, 1997, s 15; No. 32, 2006, s 11; No. 40, 2010, s 77; No. 23,\n2013, s 8\nrep No. 9, 2016, s 37\ns 35 rep No. 9, 2016, s 37\ns 36 amd No. 14, 1995, s 12; No. 4, 2007, s 7\namd No. 9, 2016, s 39\ns 36A ins No. 58, 1998, s 6\namd No. 64, 2001, s 5\nsub No. 9, 2016, s 38","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The Act began as a procedural statute establishing Local Court civil procedure but has been extended over time to include substantive enforcement machinery and targeted administrative functions beyond basic case management. Examples: sections 22A–22B (1998) add specific entry and police force powers when executing seizure warrants; section 28C (2014) creates a new administrative remedy — certificates for identity‑theft victims — which is not a traditional procedural rule; section 32 (amended) imposes direct cost liability on legal practitioners for misconduct. These additions broaden the Act from procedural housekeeping to include substantive enforcement powers, operational directions for police involvement, practitioner discipline mechanisms and discrete victim support tools. The consequence is a wider institutional footprint (courts, police, administrators, and registrars) and greater reliance on Rules and judicial discretion to implement detailed practice. (See amendment notes in the Endnotes and sections cited above.)"},"complexity_factors":["Limited number of defined terms in this reprint (Court, proceedings, registrar, Rules) — small interpretation load (s 3).","Heavy reliance on external instruments: extensive delegation of procedural detail to the Rules and cross‑references to the Local Court Act 2015 (numerous provisions refer the reader to the Rules and to definitions in the Local Court Act).","Multiple enforcement methods listed (s 22(1)) — 6 distinct primary enforcement mechanisms (warrant of seizure & sale; attachment of earnings; attachment of debts; charging order; appointment of receiver; sequestration) plus warrants of delivery/possession (ss 22–24).","Conditional and time‑limited processes: appeal period with leave (s 19), 14‑day rehearing window for arbitration orders (s 16(4)), 14‑day default period for instalment orders (s 27(4)), imprisonment cap aggregation for non‑compliance with non‑money orders (s 23(4)).","Police and enforcement powers with operational qualifiers (reasonable belief, reasonable/necessary force) — requires factual assessments (ss 22A–22B).","Practitioner liability with procedural prerequisites and multiple grounds (s 32) — nested conditions for orders against lawyers and law practices.","Specialised discrete provisions added over time that are conceptually separate (identity crime certificates s 28C; unclaimed money to Central Holding Authority s 36) increasing functional breadth.","Repeals, savings and amendment history embedded (Part VII, Schedule and Endnotes) add interpretive work when tracking historical scope and transitions."],"plain_english_summary":"The Act reforms civil procedure in the Northern Territory Local Court, giving the Court broad case‑management powers, a range of enforcement tools for unpaid judgments, and a narrow administrative remedy for identity‑crime victims. It affects litigants, judgment debtors and creditors, legal practitioners, enforcement agents (including police) and employers. It matters because it streamlines enforcement and dispute resolution but centralises discretion and implementation costs in courts, practitioners, employers and public enforcement resources."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1989 purpose of simply providing civil procedure rules. Major expansions include: (1) Identity crime victim certificates (section 28C, added 2014) - a completely different policy area unrelated to court procedure; (2) Detailed employment protections against wage garnishment retaliation (section 22(8)-(11)); (3) Police powers legislation (sections 22A-22B) effectively creating quasi-criminal enforcement mechanisms; and (4) The 2016 amendments stripped out substantial content (repealing Parts II and IV entirely) while adding modern cross-references to the Local Court Act 2015, indicating a shift from standalone procedural code to a component of a broader court statutory framework."},"complexity_factors":["Moderate cross-referencing: Heavy reliance on the Local Court Act 2015 and Local Court Rules for definitions and detailed procedures (e.g., 'proceedings', 'registrar', 'Rules' all defined externally)","Multiple enforcement mechanisms: Six different methods for enforcing money orders (warrant of seizure and sale, attachment of earnings, attachment of debts, charging order, receiver, sequestration) with specific procedural requirements for each","Conditional logic in appeals: Nested conditions for late appeals requiring both 'exceptional circumstances' AND no material prejudice to other parties (section 19)","Layered enforcement powers: Distinction between powers of enforcement officers (section 22A) and police (section 22B) with different use-of-force authorisations","Temporal calculations: Multiple time limits (14 days for rehearing applications, 28 days for appeals, 3 years for unclaimed money, 14 days for instalment default)","Dual jurisdiction handling: Special rules for claims that exceed the court's monetary limits (stay, transfer, or strike out options in section 15)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's rulebook for how civil cases (disputes between people or organisations that aren't criminal matters) are handled in the Local Court—the Territory's lower court for smaller disputes.\n\n**Who it affects:**\n\n- **Ordinary people and businesses** taking each other to court over debts, property, or contracts\n- **Lawyers** appearing in the Local Court\n- **People who owe money** (judgment debtors) being chased for payment\n- **Victims of identity theft** seeking official documentation\n\n**Key things it covers:**\n\n- **Getting your case heard:** Rules about starting proceedings, including special rules allowing children to sue for unpaid wages as if they were adults\n- **Alternative dispute resolution:** The court can send parties to mediation, arbitration, or pre-hearing conferences to settle matters without a full trial\n- **Moving cases upstairs:** If a case is too big or complex for the Local Court, it can be transferred to the Supreme Court\n- **Appeals:** Parties can appeal Local Court decisions to the Supreme Court, but only on questions of law (not just because they disagree with the facts)\n- **Getting paid:** Detailed enforcement mechanisms including:\n  - Seizing and selling the debtor's property\n  - Taking money directly from wages (attachment of earnings)\n  - Taking money owed to the debtor by third parties (attachment of debts)\n  - Charging orders over securities\n  - Contempt proceedings for non-compliance\n- **Protecting employees:** Employers can't sack or punish workers just because their wages are being garnished (maximum penalty: 85 penalty units)\n- **Helping identity crime victims:** The court can issue certificates confirming someone was a victim of identity theft to help them sort out their affairs with banks and government agencies\n- **Keeping lawyers honest:** Courts can punish lawyers who cause delays or misconduct by making them pay costs personally\n\n**Why it matters:**\n\nThis Act ensures that civil disputes in the NT are resolved fairly, efficiently, and affordably. It balances the rights of people owed money (giving them powerful tools to enforce judgments) against protections for debtors (allowing payment plans and limiting imprisonment for non-payment to 2 months maximum). The identity crime certificate provision (added in 2014) shows the law adapting to modern problems like fraud and stolen identities."}},"importantCases":[],"_links":{"self":"/api/acts/local-court-civil-procedure-act-1989","history":"/api/acts/local-court-civil-procedure-act-1989/history","analysis":"/api/acts/local-court-civil-procedure-act-1989/analysis","conflicts":"/api/acts/local-court-civil-procedure-act-1989/conflicts","importantCases":"/api/acts/local-court-civil-procedure-act-1989/important-cases","documents":"/api/acts/local-court-civil-procedure-act-1989/documents"}}