43Savings and transitional provisions

### 43 Savings and transitional provisions > > (1)  In any Act, a reference to a court of requests or a local court is to be read as a reference to the Magistrates Court (Civil Division). > > > (2)  In any Act, a reference to a commissioner of a court of requests is to be read as a reference to a magistrate sitting in the Magistrates Court (Civil Division). > > > (3)  In any Act, a reference to a registrar of a court of requests is to be read as a reference to a registrar of the Magistrates Court. > > > (4)  [*\[Section 43 Subsection (4) omitted by No. 91 of 2001, s. 20, Applied:05 Dec 2001\]*](/view/html/inforce/2001-12-05/act-2001-091#GS20@EN) [*\[Section 43 Subsection (4) inserted by No. 53 of 2003, s. 13, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-053#GS13@Hpa@EN) If an action has been commenced and not finally disposed of under the [Magistrates Court (Small Claims Division) Act 1989](/view/html/inforce/2026-04-12/act-1989-014) before the commencement of the [Magistrates Court (Minor Civil Claims) Act 2003](/view/html/inforce/2026-04-12/act-2003-999)  – > > > > > > (a) the rules of court as in force immediately before that commencement apply to, and in respect of, that action except in so far as the rules permit judgment to be entered against a defendant in default of entering a defence; and > > > > > > > (b) a party to that action has the same right to apply for a prerogative writ as if the [Judicial Review Act 2000](/view/html/inforce/2026-04-12/act-2000-054) had not been enacted. > > > (5)  Any person holding appointment as a bailiff immediately before the commencement of this Act is deemed to have been appointed as a bailiff under this Act. > > > (6)  [*\[Section 43 Subsection (6) inserted by No. 53 of 2003, s. 13, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-053#GS13@Hpb@EN) A judgment or order made before the commencement of the [Magistrates Court (Minor Civil Claims) Act 2003](/view/html/inforce/2026-04-12/act-2003-999) by the Court in a small claim as defined in this Act as then in force may, on and after that day, be enforced under this Act as if the judgment or order had been made in a minor civil claim. > > > (7)  [*\[Section 43 Subsection (7) inserted by No. 53 of 2003, s. 13, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-053#GS13@Hpb@EN) The rules of court may contain any provisions of a transitional nature that the Magistrates Rule Committee considers necessary or expedient consequent on the enactment of the [Magistrates Court (Minor Civil Claims) Act 2003](/view/html/inforce/2026-04-12/act-2003-999) . > > > (8)  [*\[Section 43 Subsection (8) inserted by No. 53 of 2003, s. 13, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-053#GS13@Hpb@EN) In any Act, a reference to a small claim is to be read as a reference to a minor civil claim.