New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 15 August 2005
- Act 11 of 1970
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act and commencement
2, 3. (Repealed)
4. Definitions
4A. Notes
5. Saving of jurisdiction
PART 2 - COURTS AND OFFICERS
Division 1 - Courts
6. Divisions of courts exercising jurisdiction under this Act
7. Courts to be courts of record
7A. Seals of courts
Division 2 - Bailiffs
8, 8AA. (Repealed)
8A. Sheriff and Sheriff's officers
9. Bailiffs
Division 3 - Assessors
10. Appointment of, and qualifications for, Assessors
Division 3A - (Repealed)
None
Division 4 - Right of appearance
11. Appearance of parties
PART 3 - JURISDICTION
Division 1 - Amount
12. Limits of jurisdiction
12A. Jurisdiction in proceedings for review of contracts
13. Actions not to be split or divided
14. Abandonment
15. Cross-claim
Division 2 - Place
16. Where action may be brought
17. Jurisdiction when cause of action or defendant outside the State
18. Change of venue
Division 3 - Subject-matter
19. Limitation of jurisdiction
Division 4 - Parties
20. Persons jointly liable
21. (Repealed)
PART 3A - REMOVAL OF ACTIONS INTO OR FROM DISTRICT COURT
Division 1 - Removal of actions into District Court
21A. Definitions
21B. Removal of proceedings into District Court
21C. Stay of proceedings in Local Court
21D. Place of application for removal or stay
21E. Proceedings after removal
Division 2 - Removal of actions from District Court
21F. Removal of proceedings from District Court
21G. Proceedings after removal
PART 3B - ARBITRATION UNDER ARBITRATION (CIVIL ACTIONS) ACT 1983
21H. Arbitration under Arbitration (Civil Actions) Act 1983
PART 3C - MEDIATION AND NEUTRAL EVALUATION
21I. Purpose of Part
21J. Meaning of "mediation" and "neutral evaluation"
21K. Other definitions
21L. Referral by court
21M. Mediation and neutral evaluation to be voluntary
21N. Costs of mediation and neutral evaluation
21O. Agreements and arrangements arising from mediation sessions
21P. Mediators and evaluators
21Q. Privilege
21R. Secrecy
21S. Exoneration from liability for listed mediators and evaluators
21T. Regulations for the purposes of this Part
PART 4 - PROCEDURE
Division 1 - Commencement of actions
22. Manner of commencement of actions
Division 2 - Defences
23. Right to defend action
Division 2A - Procedure etc in Small Claims Division
23A. Conciliation of parties
23B. Procedure generally in Small Claims Division
Divisions 3, 3A - (Repealed)
None
Division 4 - Judgment
26-28. (Repealed)
28A. Judgment in an action relating to the detention of goods
29. Judgment against some only of defendants
30. (Repealed)
31. Judgments--how recorded
32. Power to stay proceedings
Division 5 - Costs
33. Definition of "costs"
34. Costs to be in discretion of court
34A. (Repealed)
35. Costs to form part of judgment debt
36-38. (Repealed)
Division 6 - Interest
39. Interest on judgment debt
39A. Order for interest
39B. (Repealed)
PART 5 - ENFORCEMENT OF JUDGMENTS
Division 1 - (Repealed)
None
Division 2 - Examination of judgment debtor
41. Summons for examination of judgment debtor
42. Failure to attend in answer to examination summons
43. (Repealed)
43A. Examination notice
44. Examination of judgment debtor
45. Where judgment debtor corporation
46. Offences where judgment debtor attends for examination
Division 3 - Attachment of debts
47. Garnishee orders
47A. Affidavit that no debt due or accruing
47B. Time for payment by garnishee
47C. Notice required for certain attached debts accruing
47D. Garnishee's costs
47E. Reduction of attached debt by court
48. Continuous operation of garnishee order
49. Limitation on operation of garnishee orders attaching a wage or salary
50. Payment under certain garnishee orders
51. Limitation of payment under certain concurrent attachment orders
52. Procedure where garnishee order not complied with
52A. Bank, building society and credit union accounts
53. (Repealed)
54. Discharge of garnishee
55. Payments by garnishee to judgment creditor
56. Judgment creditor to account for any excess paid by a garnishee
57. Registrar may pay amounts received from garnishee to judgment creditor
Division 4 - Execution
58. Execution
59. Sheriff or bailiff to take under writ of execution
59A. Auctioning of seized property
60, 61. (Repealed)
62. Realty and leaseholds
62A. Special provisions relating to execution against land
62B. Sale or mortgage by judgment debtor of land affected by writ
Division 5 - Setting off of judgments
63. Enforcement where judgment given on action and cross-claim
64. Set-off of judgments
Division 6 - Limitation periods
64A. Limitation on enforcement
PART 6 - INTERPLEADER
65. Interpleader by defendant, Sheriff or bailiff
66. Claim by third party to property seized under writ of execution
67. Registrar to issue summons and record commencement of interpleader action
68. Adverse titles
PART 7 - APPEAL
69. Appeal
PART 8 - MISCELLANEOUS
69A. Matters ancillary to hearing
70. Certain orders to be deemed to be judgments
71. Arbitration award may be entered up as a judgment
72. Witnesses
73. Service of processes
74. Proceedings may not be removed
75. Adjournment
75A. Irregularity
76, 76A. (Repealed)
77. Proceedings after abolition of court
78. Privilege
79. Obstructing Sheriff or bailiff
80. Court fees not charged to Government departments etc
81. Proceedings for offences
82. Provisions relating to offences by bodies corporate
83. Civil remedy not affected by proceedings for an offence
83A. Forms
84. Rules
85. Regulations--court fees
86. Savings and transitional provisions
SCHEDULE 1
SCHEDULE 2