42ATransfer of residual court of request matters

42A Transfer of residual court of request matters

[Section 42A Inserted by No. 91 of 2001, s. 19, Applied:05 Dec 2001]

(1)  In this section,

winding-up day means the day of commencement of Part 6 of the Justice Legislation (Miscellaneous Amendments) Act 2001 .

(2)  On the winding-up day –

(a) an action that was pending before a court of requests immediately before that day is taken to be an action commenced within the civil division; and

(b) the provisions of the Local Courts Act 1896 cease to apply to the action.

(3)  Any judgment or other order made before the winding-up day by a Commissioner of a Court of Requests in an action to which subsection (2) applies may, on and after that day, be enforced under this Act as if the judgment or order had been made within the civil division.

(4)  The Rules of Court may contain such provisions of a transitional nature as the Magistrates Rule Committee considers necessary or expedient consequent on the enactment of this section.