New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
ocal Court Amendment (Company Title Home Unit Disputes) Bill 2013 No , 2013 A Bill for An Act to amend the Local Court Act 2007 to confer jurisdiction on the Local Court to hear and determine company title home unit disputes. Clause 1 Local Court Amendment (Company Title Home Unit Disputes) Bill 2013 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Local Court Amendment (Company Title Home Unit 3 Disputes) Act 2013. 4 2 Commencement 5 This Act commences on a day to be appointed by proclamation. 6 Page 2 Local Court Amendment (Company Title Home Unit Disputes) Bill 2013 Amendment of Local Court Act 2007 No 93 Schedule 1 Schedule 1 Amendment of Local Court Act 2007 1 No 93 2 [1] Section 30 Conferral of jurisdiction 3 Insert after section 30 (1) (b): 4 (b1) proceedings involving company title home unit disputes 5 under section 34A, and 6 [2] Section 30 (2) (c) 7 Insert at the end of section 30 (2) (b): 8 , and 9 (c) proceedings involving company title home unit disputes 10 under section 34A. 11 [3] Section 34A 12 Insert after section 34: 13 34A Jurisdiction in company title home unit disputes 14 (1) The Court has jurisdiction to hear and determine proceedings 15 involving company title home unit disputes. 16 (2) A company title home unit dispute is a dispute between 17 interested parties about any of the following matters: 18 (a) the health, safety and security of persons occupying or 19 visiting the land owned by a company title corporation or 20 residential premises located on that land (including, for 21 example, safety of children on the premises and waste 22 disposal), 23 (b) the common property on the land owned by a company 24 title corporation (including, for example, parking and 25 vehicle access, repair and maintenance, design and 26 appearance), 27 (c) the use of residential premises located on the land owned 28 by a company title corporation occupied by a shareholder 29 of the corporation (including, for example, external 30 appearance of premises or the keeping of pets), 31 (d) the behaviour of persons occupying or visiting the land 32 owned by a company title corporation or residential 33 premises located on the land (including, for example, 34 noise), 35 Page 3 Local Court Amendment (Company Title Home Unit Disputes) Bill 2013 Schedule 1 Amendment of Local Court Act 2007 No 93 (e) the refusal by a company title corporation to allow a 1 shareholder of the corporation to grant a lease or licence to 2 use or occupy premises located on the land owned by the 3 corporation, 4 (f) administrative matters relating to the running of a 5 company title corporation (including, for example, levies). 6 (3) However, a company title home unit dispute does not include the 7 following: 8 (a) a dispute arising under a residential tenancy agreement to 9 which the Residential Tenancies Act 2010 applies, 10 (b) a dispute arising under a lease to which the Landlord and 11 Tenant (Amendment) Act 1948 applies, 12 (c) a dispute about the sale, transfer or other disposition of 13 shares in a company title corporation or the forfeiture of 14 such shares, 15 (d) a dispute about any matter that is a superior court matter 16 within the meaning of the Corporations Act 2001 of the 17 Commonwealth. 18 Note. Section 1337E of the Corporations Act 2001 of the 19 Commonwealth confers jurisdiction on the Local Court in relation to civil 20 matters (other than superior court matters) under that Act. Examples of 21 superior court matters in relation to company title home unit disputes 22 include the winding up of a company title corporation or the oppressive 23 conduct of a company title corporation's affairs. 24 (4) A company title corporation is a company registered under the 25 Corporations Act 2001 of the Commonwealth that is the owner 26 of land if ownership of a share or shares in that company entitles 27 the owner of the share or shares to the exclusive use and 28 occupation of residential premises on that land, but does not 29 include an owners corporation within the meaning of the Strata 30 Schemes Management Act 1996 or an association within the 31 meaning of the Community Land Management Act 1989. 32 (5) In determining proceedings involving a company title home unit 33 dispute, the Court may make any of the following orders: 34 (a) an order requiring a person to do, or refrain from doing, 35 any act, 36 (b) an order for the payment of damages or other money, 37 (c) an order: 38 (i) declaring the rights and obligations arising under a 39 constitution of a company title corporation or any 40 other contract or agreement, or 41 Page 4 Local Court Amendment (Company Title Home Unit Disputes) Bill 2013 Amendment of Local Court Act 2007 No 93 Schedule 1 (ii) declaring the meaning of any term of a constitution 1 of a company title corporation, or of any other 2 contract or agreement, or 3 (iii) declaring that any such term is or is not void, invalid 4 or otherwise unenforceable. 5 (6) However, the Court does not have jurisdiction to make an order 6 on a money or other claim in the proceedings that would exceed 7 the jurisdictional limit of the Court under this Part when sitting in 8 the Division concerned. 9 (7) A term of a constitution of a company title corporation, or of any 10 other contract or agreement, that purports to exclude, limit or 11 modify the jurisdiction of the Court in relation to company title 12 home unit disputes is void to the extent that it would otherwise 13 have effect. 14 (8) The provisions of this section are declared to be Corporations 15 legislation displacement provisions for the purposes of 16 section 5G of the Corporations Act 2001 of the Commonwealth 17 in relation to the provisions of that Act generally. 18 Note. Section 5G of the Corporations Act 2001 of the Commonwealth 19 provides that if a State law declares a provision of a State law to be a 20 Corporations legislation displacement provision, any provision of the 21 Corporations legislation with which the State provision would otherwise 22 be inconsistent does not apply to the extent necessary to avoid the 23 inconsistency. 24 (9) In this section, interested party means any of the following: 25 (a) a company title corporation, 26 (b) a shareholder or former shareholder of a company title 27 corporation, 28 (c) a resident or former resident of premises on land owned by 29 a company title corporation. 30 [4] Section 35 Procedure generally in Small Claims Division 31 Insert after section 35 (1): 32 (1A) However, the jurisdiction of the Court in proceedings involving 33 company title home unit disputes under section 34A may only be 34 exercised by a Magistrate. 35 [5] Schedule 4 Savings, transitional and other provisions 36 Insert at the end of clause 1 (1): 37 any other Act that amends this Act 38 Page 5 Local Court Amendment (Company Title Home Unit Disputes) Bill 2013 Schedule 1 Amendment of Local Court Act 2007 No 93 [6] Schedule 4 1 Insert at the end of the Schedule (with appropriate Part and clause numbering): 2 Part Provision consequent on enactment of 3 Local Court Amendment (Company Title 4 Home Unit Disputes) Act 2013 5 Jurisdiction in company title home unit disputes 6 Section 34A extends to any company title home unit dispute that 7 involves or relates to conduct by an interested party that occurred 8 before the commencement of that section. 9 Page 6
[Index] [Search] [Download] [Related Items] [Help]