19Definitions generally

19 Definitions generally

19 Definitions generally

(1) In this Act and in the rules, except in so far as the context or subject-matter otherwise indicates or requires—

claim for relief includes—

(a) a claim for the recovery of damages or other money, or for possession of land, or for delivery of goods,

(b) a claim for a declaration of right,

(c) a claim for the determination of any question or matter which may be determined by the Court, and

(d) any other claim (whether legal, equitable or otherwise) justiciable in the Court.

commencement, in relation to this Act, means the date appointed under subsection (1) of section 2.

common law claim means a claim for damages or other money, or for possession of land, or for detention of goods, in proceedings in the Common Law Division.

costs includes fees, charges, disbursements, expenses and remuneration.

Court means the Supreme Court of New South Wales.

defendant includes any person served with a statement of claim or summons, or served with notice of or entitled to attend any proceedings.

Division means a Division of the Court specified in paragraph (b) of section 38.

formerly means immediately before the commencement of this Act.

Judge means a Judge of the Court but does not include an associate Judge.

land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity.

mandatory judicial retirement age means the maximum age at which a Judge or associate Judge is required by law to retire.

Note.

Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges and associate Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018.

Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges and associate Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges and associate Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the . The retirement age of 72 years continues to apply to Judges and associate Judges who do not consent to the increased retirement age applying to them.