NORTHERN TERRITORY OF AUSTRALIA
LOCAL COURT (CIVIL PROCEDURE) ACT 1989
As in force at 1 May 2016
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Application of Act ............................................................................. 1
Part III Procedure in civil proceedings
14 Certain proceedings brought by children ......................................... 1
15 Claim beyond jurisdiction ................................................................. 2
16 Pre-hearing conferences etc............................................................ 2
17 Directions......................................................................................... 3
18 Transfer of proceedings to Supreme Court...................................... 3
19 Appeal to Supreme Court ................................................................ 4
20 Re-hearing ....................................................................................... 4
Part V Enforcement
Division 1 General
22 Enforcement of orders ..................................................................... 5
22A Powers of person executing warrant of seizure and sale ................ 7
22B Powers of police who execute or assist in execution of warrant
of seizure and sale .......................................................................... 8
23 Enforcement of orders not for payment of money............................ 8
24 Enforcement by Supreme Court ...................................................... 9
Division 2 Judgment debtors
25 Definitions ........................................................................................ 9
26 Examination of judgment debtor ...................................................... 9
27 Instalment order............................................................................. 10
Part VI Miscellaneous
28A Court may order stay of proceedings............................................. 10
28C Court may issue certificate to victim of identity crime .................... 11
29 Power to adjourn hearing............................................................... 11
31 Costs to be in discretion of Court................................................... 12
32 Costs liability of legal practitioner .................................................. 12
36 Unclaimed money .......................................................................... 13
Local Court (Civil Procedure) Act 1989 ii
36A Regulations.................................................................................... 13
Part VII Repeal and saving
37 Repeal ........................................................................................... 13
38 Saving of jurisdiction ...................................................................... 13
Schedule Acts repealed
ENDNOTES
Section 1 - Local Court (Civil Procedure) Act 1989 - Local Court (Civil Procedure) Act 1989 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 May 2016
LOCAL COURT (CIVIL PROCEDURE) ACT 1989
An Act relating to procedure for civil proceedings in the Local Court
Part I Preliminary
1 Short title
This Act may be cited as the Local Court (Civil Procedure)
Act 1989.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Definitions
In this Act:
Court means the Local Court.
proceedings means civil proceedings, as defined in section 3 of
the Local Court Act 2015.
registrar, see section 3 of the Local Court Act 2015.
Rules, see section 3 of the Local Court Act 2015.
4 Application of Act
This Act applies in relation to the Court's civil jurisdiction (as defined
in section 3 of the Local Court Act 2015).
Part III Procedure in civil proceedings
14 Certain proceedings brought by children
A child may bring proceedings in the Court for the recovery of
money payable to the child under a contract of service or a contract
for services as if the child were an adult.
Part III Procedure in civil proceedings
Local Court (Civil Procedure) Act 1989 2
15 Claim beyond jurisdiction
(1) Where a claim is wholly or partly beyond the jurisdiction of the
Court, the Court may:
(a) amend the claim for the purpose of bringing it within
jurisdiction;
(b) order that the proceedings be stayed pending the making of
an application under section 18; or
(c) order that the claim be struck out and award costs as if it had
jurisdiction and the claim were dismissed.
(2) Where:
(a) under subsection (1)(b), the Court orders that proceedings be
stayed pending the making of an application under section 18;
and
(b) within a reasonable time after the making of that order the
proceedings have not been transferred to the Supreme Court,
the Court may exercise the power conferred by subsection (1)(c).
16 Pre-hearing conferences etc.
(1) The:
(a) Court may, whether of its own motion or on the application of
a party, order; or
(b) Rules may require,
that proceedings, or a matter raised in proceedings, be referred to:
(c) a pre-hearing conference;
(d) a mediation conference; or
(e) an arbitration conference,
which shall be conducted in accordance with the Rules by the
person presiding.
(2) If a matter is not settled between the parties at a conference
referred to in subsection (1), the person presiding may refer it back
to the Court.
Part III Procedure in civil proceedings
Local Court (Civil Procedure) Act 1989 3
(3) In the settlement of a matter at a conference referred to in
subsection (1), the person presiding at:
(a) a pre-hearing conference or a mediation conference – may,
with the consent in writing of each of the parties, make a final
order in the proceedings; or
(b) an arbitration conference – may make a final order in the
proceedings.
(4) A party to the proceedings may, within 14 days after the making of
an order under subsection (3)(b), apply for a rehearing, in
accordance with the Rules, to the Court.
(5) An order made under subsection (3) has effect as an order of the
Court.
17 Directions
The Court may, at any stage of proceedings (including a
pre-hearing, mediation or arbitration conference), give such
directions for the conduct of the proceedings as it thinks conducive
to the effective, complete, prompt and economical determination of
the proceedings.
18 Transfer of proceedings to Supreme Court
(1) A party to proceedings (other than an appeal) may apply to the
Court for an order that the proceedings be transferred to the
Supreme Court.
(2) An application may be made under subsection (1) even if the claim
the subject of the proceedings is wholly or partly beyond the
jurisdiction of the Court.
(3) On an application under subsection (1), the Court may, if it
considers it appropriate to do so, order that the proceedings be
transferred to the Supreme Court.
(4) Where an order is made under this section:
(a) the proceedings in the Local Court are is discontinued;
(b) the record and all documents relating to the proceedings must
be transmitted by the principal registrar to the Supreme Court;
and
(c) the Supreme Court has power to regulate the procedure in the
transferred proceedings.
Part III Procedure in civil proceedings
Local Court (Civil Procedure) Act 1989 4
19 Appeal to Supreme Court
(1) A party to proceedings may:
(a) within 28 days; or
(b) with the leave of the Supreme Court, after the expiration of
28 days,
after the day on which the order complained of was made, appeal
to the Supreme Court, on a question of law, from a final order of the
Court in the proceedings.
(2) The Supreme Court may grant leave under subsection (1)(b) and
the appellant may proceed with the appeal if the Supreme Court:
(a) is of the opinion that the failure to institute the appeal within
the period referred to in subsection (1)(a) was due to
exceptional circumstances; and
(b) is satisfied that the case of any other party to the appeal would
not be materially prejudiced because of the delay.
(5) An appeal under this section shall be brought in accordance with
the Rules of the Supreme Court.
(6) After hearing and determining the appeal, the Supreme Court may
make such order as it thinks fit, including an order remitting the
case for re-hearing to the Court with or without directions on the
law.
(7) An order made by the Supreme Court on the appeal, other than an
order remitting the case for re-hearing to the Court, may be
enforced as an order of the Supreme Court.
20 Re-hearing
(1) Where, in proceedings other than an appeal, an order is made by
the Court against a person who:
(a) did not file a notice of defence;
(b) did not appear in the proceedings; or
(c) consented to the making of the order but there are grounds on
which to satisfy the Court that the order is to be set aside (for
example on the grounds of fraud, duress, suppression of
evidence or the giving of false evidence),
Part V Enforcement
Division 1 General
Local Court (Civil Procedure) Act 1989 5
the person may, subject to and in accordance with the Rules, apply
to the Court for an order that the order be set aside and the
proceedings be re-heard.
(2) On an application under this section, the Court may set aside the
order subject to such terms and conditions, if any, as it thinks fit and
re-hear the proceedings.
(3) Subject to subsection (4), an application under this section does not
operate as a stay of the order unless the Court so orders.
(4) An application under this section in respect of an order for the
payment of money operates as a stay of so much of the order as
relates to the payment of money.
(5) If an applicant under this section fails to appear at the time fixed for
the hearing of the application and the application is struck out, the
applicant may re-apply only if the applicant first obtains the leave of
the Court.
Part V Enforcement
Division 1 General
22 Enforcement of orders
(1) An order made by the Court for the payment of money may, subject
to and in accordance with the Rules, be enforced by:
(a) a warrant of seizure and sale;
(b) an attachment of earnings order;
(c) an attachment of debts order;
(d) a charging order;
(e) the appointment of a receiver; or
(f) sequestration,
or any combination of those means.
(2) A warrant of seizure and sale may direct and authorize the person
to whom it is directed to take and sell any property belonging to the
person named or described in the warrant.
Part V Enforcement
Division 1 General
Local Court (Civil Procedure) Act 1989 6
(3) An order for the delivery of goods and an order for the delivery of
goods or the payment of their assessed value may, subject to and
in accordance with the Rules, be enforced by a warrant of delivery.
(4) A warrant of delivery may direct and authorize the person to whom
it is directed to cause the goods described in the warrant to be
delivered to the person specified in the warrant or to levy payment
of the assessed value of the goods from other property of the
person against whom the order is made.
(5) An order for the payment of the assessed value of goods may be
enforced by the same means as any other order for the payment of
money.
(6) An order for the possession of land may, subject to and in
accordance with the Rules, be enforced by a warrant of possession.
(7) A warrant of possession to enforce an order for the possession of
land may direct and authorize the person to whom it is directed to
turn out any person from the land described in the warrant and may
include provision for enforcing the payment of money required by
the order to be paid.
(8) A person shall not dismiss an employee or injure an employee in
the employee's employment, or alter an employee's position to the
prejudice of the employee, because an attachment of earnings
order has been made in relation to the employee or the employee is
required to make payments under an attachment of earnings order.
Maximum penalty: 85 penalty units.
(9) A court convicting a person of an offence against subsection (8)
may order the person to reimburse the employee any lost wages
resulting from the action constituting the offence and to cause the
employee to be reinstated in the employee's former position or in a
similar position.
(10) An amount ordered to be reimbursed under subsection (9) may be
recovered from the person found guilty in the same manner as the
penalty to which that person is liable under subsection (8) and may
be included in the same warrant of distress.
(11) An attachment of earnings order may apply to earnings falling to be
paid:
(a) by the Crown in right of the Territory or the Commonwealth;
(b) by a statutory authority representing the Crown in right of the
Territory or the Commonwealth; or
Part V Enforcement
Division 1 General
Local Court (Civil Procedure) Act 1989 7
(c) from the public moneys of the Territory.
(12) An attachment of earnings order or an attachment of debts order
shall bind the relevant earnings or debts in the hands of the person
named in the order.
(13) For the purpose of securing the payment of a judgment debt, the
Court may, by order, impose a charge on the beneficial interest of
the judgment debtor in a security.
(14) An application for the appointment of a receiver by way of equitable
execution may be made in accordance with the Rules and the
Rules apply to the receiver who is appointed as they apply to a
receiver appointed for any other purpose.
(15) A sequestration order must appoint one or more persons as
sequestrators and provide that the sequestrator or sequestrators be
authorised and directed to:
(a) enter on and take possession of the real and personal estate
of the person bound;
(b) collect, receive and get into his, her of their hands the rents
and profits of the person's real and personal estate; and
(c) keep the rents and profits under sequestration in his, her or
their hands until the person bound complies with the judgment
to be enforced by sequestration, or until further order.
22A Powers of person executing warrant of seizure and sale
(1) A person to whom a warrant of seizure and sale is directed is, by
operation of this section, authorised for the purposes of executing
the warrant to enter and remain on premises he or she believes on
reasonable grounds to be owned or occupied by the person named
or described in the warrant.
(2) Subject to section 22B, the authorisation under subsection (1) does
not authorise the use of force or violence.
(3) A person referred to in subsection (1) may request a member of the
Police Force to assist him or her in the execution of the warrant.
(4) In this section, premises includes land (whether built on or not), a
building or part of a building.
Part V Enforcement
Division 1 General
Local Court (Civil Procedure) Act 1989 8
22B Powers of police who execute or assist in execution of warrant
of seizure and sale
(1) A member of the Police Force who:
(a) is the person to whom a warrant of seizure and sale is
directed; or
(b) is assisting a person in the execution of a warrant of seizure
and sale,
may for the purpose of the execution of the warrant enter and
remain, with the force that is necessary and reasonable, on
premises that he or she believes on reasonable grounds to be
owned or occupied by the person named or described in the
warrant.
(2) Nothing in this section derogates from the powers a member of the
Police Force has under any other law in force in the Territory.
23 Enforcement of orders not for payment of money
(1) Where by or under this or any other Act a power (whether or not
expressed as a power to make an order) is given to the Court to
require:
(a) a person to do or abstain from doing an act or thing, other
than to pay money; or
(b) an act or thing, other than the payment of money, to be done
or left undone,
the Court may exercise the power by an order or orders.
(2) Where the Court makes an order under subsection (1), it may:
(a) attach to the order conditions as to time or mode of action
which are authorized by or under an Act or as it thinks fit;
(b) suspend or rescind the order on an undertaking being given or
condition being performed, as it thinks fit; and
(c) generally make an arrangement for carrying into effect the
power, as it thinks fit.
(3) Subject to subsection (4), a person who defaults in complying with
an order made under subsection (1) is, for the default, liable to:
(a) pay a fine for every day during which the default continues; or
(b) be imprisoned for so long as the default continues,
Part V Enforcement
Division 2 Judgment debtors
Local Court (Civil Procedure) Act 1989 9
and pay damages where loss occurred as a result of the default.
(4) A person is not liable under this section to imprisonment for a
period or periods amounting in the aggregate to more than
2 months for non-compliance with the requirement of the Court
(whether made by one or more orders) to do or abstain from doing
an act or thing.
24 Enforcement by Supreme Court
(1) Where an order is made by the Court and a warrant of seizure and
sale has been returned unsatisfied in whole or in part, a registrar
must, on the application of the person entitled to enforce the order,
give that person a certificate of the order and of the amount
remaining unpaid under the order and record the fact of the giving
of the certificate in the Court records.
(2) A person who is given a certificate under subsection (1) may file the
certificate in the Supreme Court and, on the filing of the certificate,
judgment shall be deemed to have been entered in the Supreme
Court for the amount mentioned in the certificate as being unpaid,
together with all fees paid for obtaining and filing the certificate and
the prescribed amount for costs.
(3) After the issue of a certificate under subsection (1) no further
proceedings shall be taken in the Court in relation to the order but,
on the filing of the certificate in the Supreme Court, the judgment
that shall be deemed to have been entered may be enforced by the
same means as any other judgment entered in the Supreme Court.
Division 2 Judgment debtors
25 Definitions
In this Division:
examination summons means a summons issued under
section 26(1).
instalment order means an order made under section 27(1).
26 Examination of judgment debtor
(1) On the application of a judgment creditor the Court may issue a
summons for the examination of a judgment debtor.
(2) An examination summons may require the debtor to attend and be
examined, on oath or otherwise, about the debtor's financial
circumstances and may require the debtor to produce any
document or thing in the debtor's possession or control that may
Part VI Miscellaneous
Local Court (Civil Procedure) Act 1989 10
tend to show the financial circumstances of the debtor.
(3) If a judgment debtor does not attend as required by an examination
summons, the Court may:
(a) adjourn the examination; or
(b) issue a warrant for the arrest of the debtor.
(4) A warrant issued in pursuance of subsection (3)(b) continues in
force until it:
(a) is executed;
(b) is revoked; or
(c) expires in accordance with the Rules,
whichever first occurs, and is executed when the Court has
completed its examination of the debtor.
27 Instalment order
(1) The Court may order that a judgment debtor pay the amount of a
judgment debt then owing by instalments.
(2) An instalment order may be made:
(a) by the Court of its own motion; or
(b) subject to the Rules, on the application of a judgment creditor
or judgment debtor.
(3) While an instalment order is being complied with, it operates as a
stay of enforcement of the judgment concerned.
(4) Failure to comply with an instalment order does not terminate the
stay of enforcement referred to in subsection (3) until the failure has
continued for 14 days.
Part VI Miscellaneous
28A Court may order stay of proceedings
The Court may, at any stage of proceedings, except where
otherwise provided by this or any other Act, order a stay of the
proceedings on the terms and conditions (if any) as it thinks fit.
Part VI Miscellaneous
Local Court (Civil Procedure) Act 1989 11
28C Court may issue certificate to victim of identity crime
(1) The Court may, on application by a person (the victim), issue a
certificate if satisfied on the balance of probabilities that:
(a) an offence against section 228C, 228D or 228E of the
Criminal Code has been committed; and
(b) the victim's identification information was the subject of the
offence; and
(c) the certificate may assist the victim to deal with any problems
the commission of the offence has caused in relation to the
victim's personal or business affairs.
(2) The Court may issue a certificate whether or not:
(a) the person who committed the offence is identifiable; and
(b) any criminal proceedings have been or can be taken against a
person in relation to the offence or are pending.
(3) A certificate must:
(a) identify the victim of the offence; and
(b) explain how identification information relating to the victim was
used to commit the offence; and
(c) contain any other information the Court considers appropriate
in order to assist the victim to deal with any problems the
commission of the offence has caused in relation to the
victim's personal or business affairs.
(4) Despite subsection (3), a certificate must not identify the person
who committed, or allegedly committed, the offence to which it
relates.
(5) A certificate is not admissible as evidence in any criminal
proceedings in relation to the offence to which it relates.
(6) In this section:
identification information, see section 228A of the Criminal Code.
29 Power to adjourn hearing
(1) The Court may, on the application of a party to proceedings or on
its own initiative, adjourn a hearing:
(a) to such times and places;
Part VI Miscellaneous
Local Court (Civil Procedure) Act 1989 12
(b) for such purposes; and
(c) on such terms as to costs or otherwise,
as it thinks fit.
(2) Where the Court has adjourned a hearing to a particular time, it
may, on the application of a party, reasonable notice of which has
been given to the other party or parties, or by consent of all the
parties, order that the hearing be held or resumed before that time.
31 Costs to be in discretion of Court
(1) Subject to this or any other Act or the Rules, the costs of and
incidental to proceedings in the Court are in the Court's discretion
and it has full power to determine by whom, to whom and to what
extent the costs are to be paid.
(2) This section applies even if the claim the subject of the proceedings
is wholly or partly beyond the jurisdiction of the Court.
32 Costs liability of legal practitioner
(1) Where a legal practitioner for a party to proceedings, whether
personally or through a servant or an agent, has caused costs to be
incurred improperly or without reasonable cause or to be wasted by
undue delay or negligence or by any other misconduct or default,
the Court may make an order that:
(a) all or any of the costs between the legal practitioner and the
client be disallowed or that the legal practitioner repay to the
client the whole or part of any money paid on account of costs;
(b) the legal practitioner pay to the client all or any of the costs
which the client has been ordered to pay to any party; or
(c) the legal practitioner pay all or any of the costs payable by a
party other than the client.
(2) Without limiting the generality of subsection (1), a legal practitioner
is in default for the purposes of that subsection if proceedings
cannot conveniently be heard or proceed, or fail or are adjourned
without any useful progress being made, because the legal
practitioner failed to:
(a) attend in person or by a proper representative;
(b) file a document which ought to have been filed;
Part VII Repeal and saving
Local Court (Civil Procedure) Act 1989 13
(c) lodge or deliver a document for the use of the Court which
ought to have been lodged or delivered;
(d) be prepared with proper evidence or an account; or
(e) otherwise proceed.
(3) The Court shall not make an order under subsection (1) without
giving the legal practitioner a reasonable opportunity to be heard.
(4) The Court may order that notice of proceedings or an order against
a legal practitioner under this section be given to the client in such
manner as it directs.
(5) This section applies even if the claim the subject of the proceedings
is wholly or partly beyond the jurisdiction of the Court.
(6) This section also applies to a law practice, as defined in section 4 of
the Legal Practitioners Act 2006, that employs the legal practitioner.
36 Unclaimed money
(1) All moneys which, whether before or after the commencement of
this Act, have been paid into court to the use of a party to a
proceeding before the Court shall, if unclaimed for 3 years, be paid
into the Central Holding Authority.
(2) A person entitled to claim money paid under subsection (1) into the
Central Holding Authority may apply to the principal registrar for a
certificate certifying the claimant's right to claim the money.
(3) On receiving a certificate referred to in subsection (2), the
Treasurer, if satisfied that the claimant is not precluded from
claiming the amount by the Limitation Act 1981, shall authorize
payment of the money to the claimant or the claimant's agent.
36A Regulations
The Administrator may make regulations under this Act.
Part VII Repeal and saving
37 Repeal
The Acts listed in the Schedule are repealed.
38 Saving of jurisdiction
(1) A Local Court in existence immediately before the commencement
of this Act shall continue as if it were the Court established by this
Part VII Repeal and saving
Local Court (Civil Procedure) Act 1989 14
Act and all proceedings already commenced in that Court shall be
continued, heard and determined under this Act in accordance with
this Act and the Rules and all judgments and orders of that Court
shall continue in force as if they were judgments and orders of the
Court established by this Act.
(2) All records of a Local Court in existence immediately before the
commencement of this Act shall continue and be incorporated with,
and shall be deemed to form part of, the records of the Court
established by this Act.
(3) A reference to a Local Court in an Act, instrument of a legislative or
administrative character or other document in force before the
commencement of this Act shall be read as including a reference to
the Court established by this Act.
(4) A reference to a Clerk of Court in an Act, instrument of a legislative
or administrative character or other document in force before the
commencement of this Act shall be read as including a reference to
a Registrar, or to a Clerk of the Court of Summary Jurisdiction, as
appropriate.
Schedule Acts repealed
Local Court (Civil Procedure) Act 1989 15
Schedule Acts repealed
section 37
Number and year Act or provision year
No. 6 1941 Local Courts Ordinance 1941
No. 4 1947 Local Courts Ordinance 1947
No. 9 1952 Local Courts Ordinance 1952
No. 20 1954 Local Courts Ordinance 1954
No. 25 1955 Local Courts Ordinance 1955
No. 41 1957 Local Courts Ordinance 1957
No. 2 1965 Local Courts Ordinance 1964
No. 24 1965 Local Courts Ordinance 1965
No. 46 1970 Local Courts Ordinance 1970
No. 60 1970 Local Courts Ordinance (No. 2) 1970
No. 17 1971 Local Courts Ordinance 1971
No. 14 1974 Local Courts Ordinance 1974
No. 5 1976 Local Courts Ordinance 1975
No. 40 1979 Local Courts Act 1979
No. 115 1979 Local Courts Act (No. 2) 1979
No. 25 1981 Local Courts Act (No. 2) 1979
Amendment Act 1981
No. 108 1981 Local Courts Amendment Act 1981
No. 45 1983 Local Courts Amendment Act 1983
ENDNOTES
Local Court (Civil Procedure) Act 1989 16
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Local Court Act 1989 (Act No. 31, 1989)
Assent date 28 June 1989
Commenced 1 January 1991 (Gaz G49, 12 December 1990, p 2)
Local Court Amendment Act 1991 (Act No. 76, 1991)
Assent date 10 December 1991
Commenced 1 February 1992 (Gaz S7, 31 January 1992)
Statute Law Revision Act 1995 (Act No. 14, 1995)
Assent date 23 June 1995
Commenced 23 June 1995
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date 19 April 1996
Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing
Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)
Local Court Amendment Act 1997 (Act No. 20, 1997)
Assent date 7 May 1997
Commenced 1 June 1998 (Gaz G19, 20 May 1998, p 2)
Local Court Amendment Act 1998 (Act No. 58, 1998)
Assent date 1 September 1998
Commenced 7 October 1998 (Gaz G39, 7 October 1998, p 2)
Statute Law Revision Act 1999 (Act No. 27, 1999)
Assent date 18 June 1999
Commenced 18 June 1999
Local Court Amendment Act 2001 (Act No. 64, 2001)
Assent date 21 December 2001
Commenced 13 February 2002 (Gaz G6, 13 February 2002, p 4)
ENDNOTES
Local Court (Civil Procedure) Act 1989 17
Personal Injuries (Liabilities and Damages) (Consequential Amendments) Act 2003
(Act No. 4, 2003)
Assent date 18 March 2003
Commenced 1 May 2003 (Gaz G17, 30 April 2003, p 3)
Statute Law Revision Act 2003 (Act No. 12, 2003)
Assent date 18 March 2003
Commenced 18 March 2003
Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,
2006)
Assent date 3 November 2006
Commenced 3 November 2006
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date 8 March 2007
Commenced 8 March 2007
Cross-border Justice Act 2009 (Act No. 1, 2009)
Assent date 12 March 2009
Commenced ss 67(b), 68(2)(e), 106, 108, 114, 116 and pt 15, div 6:
1 December 2009; rem: 1 November 2009 (Gaz S59,
29 October 2009)
Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)
Assent date 20 May 2010
Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Justice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)
Assent date 21 March 2012
Commenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012
(Gaz G29, 18 July 2012, p 7)
Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)
Assent date 12 July 2013
Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)
Criminal Code Amendment (Identity Crime) Act 2014 (Act No. 9, 2014)
Assent date 16 April 2014
Commenced 1 July 2014 (Gaz S52, 1 July 2014)
Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (Gaz S34, 29 April 2016)
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 8(2) Local Court Amendment Act 1997 (Act No. 20, 1997)
ENDNOTES
Local Court (Civil Procedure) Act 1989 18
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 4, 32 and 36.
5 LIST OF AMENDMENTS
lt sub No. 9, 2016, s 29
s 1 sub No. 9, 2016, s 30
s 3 amd No. 14, 1995, s 12; No. 20, 1997, s 4; No. 32, 2006, s 10
sub No. 9, 2016, s 31
pt II hdg rep No. 9, 2016, s 31
s 4 sub No. 9, 2016, s 31
s 5 amd No. 76, 1991, s 4
rep No. 9, 2016, s 31
s 5A ins No. 1, 2009, s 150
rep No. 9, 2016, s 31
s 6 – 8 rep No. 9, 2016, s 31
s 9 amd No. 14, 1995, s 12; No. 1, 2009, s 151
rep No. 9, 2016, s 31
s 10 amd No. 40, 2010, s 75
rep No. 9, 2016, s 31
s 10A ins No. 20, 1997, s 5
rep No. 9, 2016, s 31
s 11 amd No. 76, 1991, s 5
rep No. 9, 2016, s 31
s 12 amd No. 76, 1991, s 6; No. 20, 1997, s 6
rep No. 9, 2016, s 31
s 13 amd No. 20, 1997, s 7
rep No. 9, 2016, s 31
pt III hdg sub No. 9, 2016, s 32
s 14 amd No. 76, 1991, s 7; No. 20, 1997, s 8
sub No. 9, 2016, s 33
s 15 amd No. 9, 2016, s 39
s 16 sub No. 76, 1991, s 8
amd No. 9, 2016, s 39
s 17 amd No. 76, 1991, s 9; No. 9, 2016, s 39
s 18 amd No. 20, 1997, s 9; No. 9, 2016, s 39
s 19 amd No. 20, 1997, s 10; No. 64, 2001, s 4; No. 12, 2003, s 10; No. 2, 2012,
s 15; No. 9, 2016, s 34
s 20 amd by No. 20, 1997, s 11; No. 9, 2016, s 39
pt IV hdg rep No. 9, 2016, s 35
s 21 amd No. 76, 1991, s 10; No. 58, 1998, s 4; No. 4, 2003, s 4
rep No. 9, 2016, s 35
s 22 amd No. 17, 1996, s 6; No. 20, 1997, s 12; No. 27, 1999, s 15; No. 12, 2010,
s 3; No. 9, 2016, s 39
ss 22A – 22B ins No. 58, 1998, s 5
s 24 amd No. 20, 1997, s 13; No. 9, 2016, s 39
s 28 rep No. 9, 2016, s 35
s 28A ins No. 20, 1997, s 14
amd No. 9, 2016, s 39
s 28B ins No. 20, 1997, s 14
rep No. 9, 2016, s 35
s 28C ins No. 9, 2014, s 8
s 29 amd No. 9, 2016, s 39
s 30 amd No. 40, 2010, s 76
rep No. 9, 2016, s 35
ENDNOTES
Local Court (Civil Procedure) Act 1989 19
s 31 amd No. 9, 2016, s 36
s 32 amd No. 9, 2016, s 39
s 33 amd No. 76, 1991, s 11; No. 23, 2013, s 8
rep No. 9, 2016, s 37
s 34 amd No. 20, 1997, s 15; No. 32, 2006, s 11; No. 40, 2010, s 77; No. 23,
2013, s 8
rep No. 9, 2016, s 37
s 35 rep No. 9, 2016, s 37
s 36 amd No. 14, 1995, s 12; No. 4, 2007, s 7
amd No. 9, 2016, s 39
s 36A ins No. 58, 1998, s 6
amd No. 64, 2001, s 5
sub No. 9, 2016, s 38