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COURTS LEGISLATION AMENDMENT BILL 1995

      Queensland




COURTS LEGISLATION
AMENDMENT BILL 1995

 


 

Queensland COURTS LEGISLATION AMENDMENT BILL 1995 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 3 (Interpretation--general) . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Amendment of s 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Insertion of new pts 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 7A--ADR PROCESSES Division 1--Preliminary 100A Objects of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2--Important terms 100B ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 100C Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 100D Case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3--Establishment of ADR processes 100E Approval of mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100F Approval of case appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100G ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100H Parties may agree to ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 100I Court may consider and order reference to ADR process . . . . . . . . . 13 100J Parties must attend at ADR process if Supreme Court orders . . . . . 13

 


 

2 Courts Legislation Amendment 100K Procedure at case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 100L Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4--Party unable to pay share of costs 100M Party unable to pay share of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 5--What to do when ADR process is finished 100N Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 100O Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 100P Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 15 100Q Orders giving effect to mediation agreement . . . . . . . . . . . . . . . . . . 15 100R Orders giving effect to case appraiser's decision . . . . . . . . . . . . . . . 16 Division 6--Confidentiality, protection and immunity 100S ADR convenors to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . 16 100T Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . 16 100U Admissions made to ADR convenors . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 7--Miscellaneous 100V Revocation of approval as mediator or case appraiser . . . . . . . . . . . 17 100W Appeal against refusal to approve and revocation of approval as mediator or case appraiser . . . . . . . . . . . . . . . . . . . . . . . 18 PART 7B--RULES OF COURT 100X Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 100Y Existing rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 7 Insertion of new s 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 110 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8 Relocation of pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9 Insertion of new schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SCHEDULE 1 SUBJECT MATTER FOR RULES PART 1--GENERAL PART 2--ADR PROCESSES SCHEDULE 2 SUPREME COURTS ACTS AND JURISDICTION ACTS PART 1--SUPREME COURT ACTS PART 2--SUPREME COURT JURISDICTION ACTS

 


 

3 Courts Legislation Amendment PART 3--AMENDMENT OF DISTRICT COURTS ACT 1967 10 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 12 Insertion of new pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 PART 6A--ADR PROCESSES Division 1--Preliminary 91A Objects of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 2--Important terms 91B ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 91C Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91D Case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 3--Establishment of ADR processes 91E Approval of mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91F Approval of case appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91G ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 91H Parties may agree to ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 91I Court may consider and order reference to ADR process . . . . . . . . . 33 91J Parties must attend at ADR process if District Court orders . . . . . . 33 91K Procedure at case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 91L Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 4--Party unable to pay share of costs 91M Party unable to pay share of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 5--What to do when ADR process is finished 91N Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 91O Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 91P Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 36 91Q Orders giving effect to mediation agreement . . . . . . . . . . . . . . . . . . 36 91R Orders giving effect to case appraiser's decision . . . . . . . . . . . . . . . 36 Division 6--Confidentiality, protection and immunity 91S ADR convenors to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . 36 91T Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . 37 91U Admissions made to ADR convenors . . . . . . . . . . . . . . . . . . . . . . . . . 37

 


 

4 Courts Legislation Amendment Division 7--Miscellaneous 91V Revocation of approval as mediator or case appraiser . . . . . . . . . . . 38 13 Insertion of new s 94A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 94A Appeal against refusal to approve and revocation of approval as mediator or case appraiser . . . . . . . . . . . . . . . . . . . . . . . 38 14 Replacement of s 101 (Power to make rules of court) . . . . . . . . . . . . . . . . . 38 101 Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 15 Insertion of new ss 111 and 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 111 Saving of existing rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 112 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 40 16 Insertion of new Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 SCHEDULE SUBJECT MATTER FOR RULES PART 1--GENERAL PART 2--ADR PROCESSES PART 4--AMENDMENT OF MAGISTRATES COURTS ACT 1921 17 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 18 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 19 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 5--ADR PROCESSES Division 1--Preliminary 10B Objects of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2--Important terms 10C ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 10D Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 10E Case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 3--Establishment of ADR processes 10F Approval of mediators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 10G Approval of case appraisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10H ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10I Parties may agree to ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 10J Court may consider and order reference to ADR process . . . . . . . . . 47

 


 

5 Courts Legislation Amendment 10K Parties must attend at ADR process if Magistrates Court orders . . . 48 10L Procedure at case appraisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 10M Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 4--Party unable to pay share of costs 10N Party unable to pay share of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 5--What to do when ADR process is finished 10O Mediated resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 10P Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 10Q Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 50 10R Orders giving effect to mediation agreement . . . . . . . . . . . . . . . . . . 50 10S Orders giving effect to case appraiser's decision . . . . . . . . . . . . . . . 50 Division 6--Confidentiality, protection and immunity 10T ADR convenors to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . 51 10U Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . 51 10V Admissions made to ADR convenors . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 7--Miscellaneous 10W Revocation of approval as mediator or case appraiser . . . . . . . . . . . 52 20 Insertion of new s 11AF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 11AF Appeal against refusal to approve and revocation of approval as mediator or case appraiser . . . . . . . . . . . . . . . . . . . . . . . 53 21 Insertion of new s 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 13C Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 22 Replacement of s 14 (Power to make rules of court) . . . . . . . . . . . . . . . . . . 53 14 Rule making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 23 Replacement of s 16 (Existing rules of court) . . . . . . . . . . . . . . . . . . . . . . . . 54 16 Saving of existing rules of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 24 Insertion of new s 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 17 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 55 25 Insertion of new schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 SCHEDULE SUBJECT MATTER FOR RULES PART 1--GENERAL PART 2--ADR PROCESSES

 


 

6 Courts Legislation Amendment PART 5--AMENDMENT OF JUDICIAL REVIEW ACT 1991 26 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 27 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 28 Replacement of s 18 (Act to operate despite existing laws) . . . . . . . . . . . . 59 18 Operation of other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 29 Omission of s 55 (Rules may provide for service etc.) . . . . . . . . . . . . . . . . . 60 30 Omission of pt 7 (Amendments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 31 Amendment of sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 62 MINOR AMENDMENTS OF DISTRICT COURTS ACT 1967 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 69 MINOR AMENDMENTS OF MAGISTRATES COURTS ACT 1921

 


 

1995 A BILL FOR An Act to amend various Acts to provide for court annexed mediation and case appraisal, and for other purposes

 


 

s1 8 s4 Courts Legislation Amendment The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short Clause 1. This Act may be cited as the Courts Legislation Amendment Act 1995. 4 5 Commencement Clause 2. This Act commences on a day to be fixed by proclamation. 6 ART 2--AMENDMENT OF SUPREME COURT OF 7 P QUEENSLAND ACT 1991 8 amended 9 Act Clause 3. This part amends the Supreme Court of Queensland Act 1991. 10 of s 3 (Interpretation--general) 11 Amendment Clause 4. Section 3(1)-- 12 insert-- 13 ` "ADR costs" means-- 14 (a) for a mediation-- 15 (i) the mediator's fee; and 16 (ii) the venue provider's fee for providing the venue; and 17 (iii) other costs prescribed under the rules; and 18 (b) for a case appraisal-- 19

 


 

s5 9 s5 Courts Legislation Amendment (i) the case appraiser's fee; and 1 (ii) the venue provider's fee for providing the venue; and 2 (iii) other costs prescribed under the rules. 3 "ADR convenor" means a mediator or case appraiser. 4 "ADR dispute" means a dispute referred to an ADR process. 5 "ADR process" see section 100B. 6 "case appraisal" see section 100D. 7 "case appraiser" means-- 8 (a) a case appraiser approved under section 100F; or 9 (b) a Judge. 10 "dispute" means-- 11 (a) a dispute in a proceeding; or 12 (b) something else about which the parties are in dispute that may be 13 dealt with in a mediation at the same time as an ADR dispute. 14 "mediation" see section 100C. 15 "mediator" means a mediator approved under section 100E. 16 "party" means a party to a dispute. 17 "referring order" means an order made under section 100I referring a 18 dispute to an ADR process. 19 "Supreme Court Acts" see schedule 2, part 1. 20 "Supreme Court jurisdiction Act" means-- 21 (a) a Supreme Court Act; or 22 (b) an Act mentioned in schedule 2, part 2; or 23 (c) a law prescribed under a regulation for this definition.'. 24 of s 75 25 Amendment Clause 5. Section 75(6)-- 26 omit, insert-- 27

 


 

s6 10 s6 Courts Legislation Amendment `(6) Without limiting subsection (5), rules of court (other than rules 1 under section 32) may be made under this or another Act, and a regulation 2 may be made under this Act, only if a report and recommendation from the 3 Commission, or a Division of the Commission, has been obtained on the 4 matter.'. 5 of new pts 7A and 7B 6 Insertion Clause 6. After part 7-- 7 insert-- 8 ART 7A--ADR PROCESSES 9 `P 1--Preliminary 10 `Division of part 11 `Objects `100A. The objects of this part are-- 12 (a) to provide an opportunity for litigants to participate in ADR 13 processes in order to achieve negotiated settlements and 14 satisfactory resolutions of disputes; and 15 (b) to introduce ADR processes into the court system to improve 16 access to justice for litigants and to reduce cost and delay; and 17 (c) to provide a legislative framework allowing ADR processes to be 18 conducted as quickly, and with as little formality and technicality, 19 as possible; and 20 (d) to safeguard ADR processes-- 21 (i) by ensuring they remain confidential; and 22 (ii) by extending the same protection to participants in an ADR 23 process they would have if the dispute were before the 24 Supreme Court. 25

 


 

s6 11 s6 Courts Legislation Amendment 2--Important terms 1 `Division process 2 `ADR `100B.(1) An "ADR process" is a process of mediation or case 3 appraisal under which the parties are helped to achieve an early, inexpensive 4 settlement or resolution of their dispute. 5 `(2) In division 6 1, an "ADR process" includes all the steps involved in 6 an ADR process, including, for example-- 7 (a) pre-mediation and post-mediation sessions; and 8 (b) a case appraisal session; and 9 (c) joint sessions; and 10 (d) private sessions; and 11 (e) another step prescribed under the rules. 12 13 `Mediation `100C. "Mediation" is a process under the rules under which the parties 14 use a mediator to help them resolve their dispute by negotiated agreement 15 without adjudication. 16 appraisal 17 `Case `100D.(1) "Case appraisal" is a process under the rules under which a 18 case appraiser provisionally decides a dispute. 19 `(2) A case appraiser's decision is not binding on the parties until-- 20 (a) the time prescribed under the rules for filing an election to go to 21 trial has passed; and 22 (b) the Supreme Court, by order, gives effect to the decision. 23 1 Confidentiality, protection and immunity

 


 

s6 12 s6 Courts Legislation Amendment 3--Establishment of ADR processes 1 `Division of mediators 2 `Approval `100E. The Senior Judge Administrator, in consultation with the Chief 3 Justice, may approve, or refuse to approve, a person as a mediator. 4 of case appraisers 5 `Approval `100F. The Senior Judge Administrator, in consultation with the Chief 6 Justice, may approve, or refuse to approve, a person as a case appraiser. 7 register 8 `ADR `100G.(1) The registrar must keep a register of information about ADR 9 processes. 10 `(2) The register may be kept in the form (whether or not in a 11 documentary form) the registrar considers appropriate. 12 `(3) Without limiting subsection (2), the registrar may change the form 13 in which a register or a part of a register is kept. 14 `(4) The register must contain-- 15 (a) the name and address of each mediator and each case appraiser 16 (other than a Judge); and 17 (b) other information prescribed under the rules; and 18 (c) other information decided by the Senior Judge Administrator. 19 may agree to ADR process 20 `Parties `100H.(1) The parties to a dispute may agree to refer their dispute to an 21 ADR process. 22 `(2) If the parties agree to the referral, they must file a consent order in 23 the form prescribed under the rules with the registrar. 24 `(3) A consent order filed under this section is taken to be a referring 25 order. 26

 


 

s6 13 s6 Courts Legislation Amendment may consider and order reference to ADR process 1 `Court `100I.(1) The Supreme Court may require the parties or their 2 representatives to attend before it to enable the court to decide whether the 3 parties' dispute should be referred to an ADR process. 4 `(2) The court may, by order ("referring order"), refer the dispute for 5 mediation or case appraisal. 6 `(3) Without limiting the court's discretion, the court may take the 7 following matters into account when deciding whether to refer a dispute to 8 case appraisal-- 9 (a) whether the costs of litigating the dispute to the end are likely to 10 be disproportionate to the benefit gained; 11 (b) the likelihood of an appraisal producing a compromise or an 12 abandonment of a claim or defence; 13 (c) other circumstances justify an appraisal. 14 must attend at ADR process if Supreme Court orders 15 `Parties `100J.(1) If a referring order is made, the parties-- 16 (a) must attend before the ADR convenor appointed to conduct the 17 ADR process; and 18 (b) must not impede the ADR convenor in conducting and finishing 19 the ADR process within the time allowed under the referring 20 order. 21 `(2) If a party impedes the ADR process, the Supreme Court may 22 impose sanctions against the party, including, for example-- 23 (a) by ordering that any claim for relief by the defaulting party is 24 stayed until further order; and 25 (b) by taking the party's action into account when awarding costs in 26 the proceeding or in another related proceeding between the 27 parties. 28

 


 

s6 14 s6 Courts Legislation Amendment at case appraisal 1 `Procedure `100K.(1) At a case appraisal, the case appraiser-- 2 (a) must decide the procedure to be used at the case appraisal; and 3 (b) may adopt any procedure that will, in the case appraiser's 4 opinion, enable a sound opinion of the likely outcome of the 5 dispute to be reached; and 6 (c) must finish the case appraisal as quickly as possible. 7 `(2) However, the case appraiser may, in special circumstances-- 8 (a) receive evidence; and 9 (b) examine witnesses, and administer oaths to witnesses, who have 10 been lawfully called before the case appraiser. 11 `(3) The Supreme Court may, at any time, give directions about 12 procedure to be used at the case appraisal. 13 `(4) This section is subject to section 100L. 14 ubpoenas 15 `S `100L.(1) A person may be subpoenaed to appear at a case appraisal 16 only by order of the Supreme Court. 17 `(2) A person may not be subpoenaed to appear at a mediation. 18 `(3) A person subpoenaed to appear at a case appraisal must not be 19 compelled to answer a question, or produce a document, the person could 20 not be compelled to answer or produce before the Supreme Court. 21 `Division 4--Party unable to pay share of costs 22 unable to pay share of costs 23 `Party `100M.(1) If, at any time, the Supreme Court is of the opinion a party to 24 an ADR process is unable, because of the party's financial circumstances, 25 to pay the party's percentage of the ADR costs, the court may make an 26 order appropriate in the circumstances. 27 `(2) Without limiting subsection (1), the order may provide-- 28

 


 

s6 15 s6 Courts Legislation Amendment (a) the reference to the ADR process be cancelled; or 1 (b) the referring order be revoked and another referring order made. 2 5--What to do when ADR process is finished 3 `Division resolution agreement 4 `Mediated `100N.(1) If, at a mediation, the parties agree on a resolution of their 5 dispute or part of it, the agreement must be written down and signed by or 6 for each party and by the mediator. 7 `(2) The agreement has the same effect as any other compromise. 8 to file certificate 9 `Mediator `100O. As soon as practicable after a mediation has finished, the 10 mediator must file with the registrar a certificate about the mediation in the 11 form prescribed under the rules. 12 appraiser to file certificate and decision 13 `Case `100P. As soon as practicable after a case appraisal has finished, the case 14 appraiser must file with the registrar-- 15 (a) a certificate about the case appraisal in the form prescribed under 16 the rules; and 17 (b) the case appraiser's decision (if any). 18 giving effect to mediation agreement 19 `Orders `100Q.(1) A party may apply to the Supreme Court for an order giving 20 effect to an agreement reached after mediation. 21 `(2) However, a party may apply for the order only after the mediator's 22 certificate is filed with the registrar. 23 `(3) The court may make any order it considers appropriate in the 24 circumstances. 25

 


 

s6 16 s6 Courts Legislation Amendment giving effect to case appraiser's decision 1 `Orders `100R.(1) A party may apply to the Supreme Court for an order giving 2 effect to a case appraiser's decision after the time prescribed under the rules 3 for electing to go to trial has passed. 4 `(2) However, a party may apply for the order before the time mentioned 5 in subsection (1) if all parties agree. 6 `(3) The court may make any order it considers appropriate in the 7 circumstances. 8 6--Confidentiality, protection and immunity 9 `Division convenors to maintain secrecy 10 `ADR `100S.(1) An ADR convenor must not, without reasonable excuse, 11 disclose information coming to the convenor's knowledge during an ADR 12 process. 13 Maximum penalty--50 penalty units. 14 `(2) It is a reasonable excuse to disclose information if the disclosure is 15 made-- 16 (a) with the agreement of all the parties to the ADR process; or 17 (b) for this part; or 18 (c) for statistical purposes without revealing, or being likely to reveal, 19 the identity of a person about whom the information relates; or 20 (d) for an inquiry or proceeding about an offence happening during 21 the ADR process; or 22 (e) for a proceeding founded on fraud alleged to be connected with, 23 or to have happened during, the ADR process; or 24 (f) under a requirement imposed under an Act. 25 protection and immunity allowed 26 `Ordinary `100T.(1) In performing the functions of mediator or case appraiser, an 27 ADR convenor has the same protection and immunity as a Judge 28

 


 

s6 17 s6 Courts Legislation Amendment performing the functions of a Judge. 1 `(2) A party appearing in an ADR dispute has the same protection and 2 immunity the party would have if the dispute were being heard before the 3 Supreme Court. 4 `(3) A witness attending in an ADR dispute has the same protection and 5 immunity as a witness attending before the Supreme Court. 6 `(4) A document produced at, or used for, an ADR dispute has the same 7 protection during the ADR dispute it would have if produced before the 8 Supreme Court. 9 `(5) In subsection (2)-- 10 "party" includes a party's lawyer or agent. 11 made to ADR convenors 12 `Admissions `100U.(1) Evidence of anything done or said, or an admission made, at 13 an ADR process about the dispute is admissible at the trial of the dispute or 14 in another civil proceeding before the Supreme Court or elsewhere only if 15 all parties to the dispute agree. 16 `(2) In subsection (1)-- 17 "civil proceeding" does not include a civil proceeding founded on fraud 18 alleged to be connected with, or to have happened during, the ADR 19 process. 20 `Division 7--Miscellaneous 21 of approval as mediator or case appraiser 22 `Revocation `100V.(1) The Senior Judge Administrator, in consultation with the 23 Chief Justice, may revoke the approval of a person as a mediator or case 24 appraiser. 25 `(2) The Senior Judge Administrator must give the person a statement of 26 reasons for the revocation. 27

 


 

s6 18 s6 Courts Legislation Amendment against refusal to approve and revocation of approval as 1 `Appeal mediator or case appraiser 2 `100W. An appeal lies to the Court of Appeal, by leave of that court, 3 against-- 4 (a) a refusal to approve a person as a mediator or case appraiser; or 5 (b) the revocation of approval of a person as a mediator or case 6 appraiser. 7 `PART 7B--RULES OF COURT 8 making power 9 `Rule `100X.(1) The Governor in Council, with the agreement of 2 or more 10 Judges, may make rules of court under this Act for a jurisdiction law. 11 `(2) Without limiting subsection (1), a rule may make provision about 12 any matter that-- 13 (a) is required or permitted to be prescribed under a jurisdiction law; 14 or 15 (b) is necessary or convenient to be prescribed for carrying out or 16 giving effect to a jurisdiction law. 17 `(3) Without limiting subsections (1) and (2), a rule may also make 18 provision about-- 19 (a) the practices and procedures of the Supreme Court and its 20 registries; or 21 (b) another matter mentioned in schedule 1. 22 `(4) This section does not affect section 32.2 23 `(5) In this section-- 24 2 Under section 32, the President of the Court of Appeal may make rules with respect to the practices and procedures of the Court of Appeal.

 


 

s7 19 s7 Courts Legislation Amendment "jurisdiction law" means-- 1 (a) this Act; or 2 (b) a Supreme Court jurisdiction Act; or 3 (c) another law giving jurisdiction to the Supreme Court. 4 rules of court 5 `Existing `100Y.(1) A rule of court made under a jurisdiction law and in force 6 immediately before the commencement (an "existing rule")-- 7 (a) is of the same authority, force and effect as if it were an Act; and 8 (b) must be judicially noticed; and 9 (c) cannot be questioned in any legal proceeding. 10 `(2) An existing rule is taken to be made under this Act. 11 `(3) Subsection (1) applies to an existing rule from the commencement 12 of the rule and subsection (2) applies to an existing rule from the 13 commencement of this section. 14 `(4) This section does not apply to a rule of court made by the President 15 of the Court of Appeal under section 32. 16 `(5) This section is a law to which the Acts Interpretation Act 1954, 17 section 20A applies. 18 `(6) This section expires 1 year after it commences.'. 19 of new s 110 20 Insertion Clause 7. After section 109-- 21 insert-- 22 and renumbering of Act 23 `Numbering `110. The Reprints Act 1992, section 43 (Numbering and renumbering 24 of provisions) must be used in the next reprint of this Act produced under 25 the Reprints Act 1992.'. 26

 


 

s8 20 s9 Courts Legislation Amendment of pt 9 1 Relocation Clause 8. Part 9-- 2 relocate as part 7C. 3 of new schs 1 and 2 4 Insertion Clause 9. At the end of the Act-- 5 insert-- 6 `SCHEDULE 1 7 UBJECT MATTER FOR RULES 8 `S section 100X 9 ART 1--GENERAL 10 `P `Jurisdiction generally 11 `1. Jurisdiction of the Supreme Court, including, for example, its civil, 12 criminal and appellate jurisdiction of the court. 13 `Jurisdiction of Judge in chambers or Master 14 `2. Jurisdiction of a Judge in chambers or Master. 15 `Jurisdiction of registrars and other officers of the Supreme Court 16 `3. Jurisdiction of registrars and other officers of the Supreme Court. 17 `Appeals from registrars and other officers 18 `4. Appeals from registrars and other officers of the Supreme Court. 19

 


 

s9 21 s9 Courts Legislation Amendment `Practice and procedure in criminal jurisdiction 1 `5. Practice and procedure in the criminal jurisdiction of the Supreme 2 Court, other courts and justices, including, for example, the following-- 3 (a) the form of complaint, summons, deposition, indictment, 4 judgment, record, conviction, warrant, recognisance, or other 5 proceeding, to be used in a court or before a justice for an offence 6 or the way in which a form may be approved; 7 (b) regulating the proceedings on the trial of a person charged with an 8 offence; 9 (c) the detention of an appellant in a criminal appeal and the safe 10 custody of any property pending the appeal, or application for 11 leave to appeal, or new trial; 12 (d) the sitting of the Court of Appeal, if necessary, during a vacation; 13 (e) the taking of shorthand notes and the making of transcripts of the 14 notes; 15 (f) applications for and supplying notes of trial and reports by Judges 16 of courts of trial. 17 `Service of documents 18 6. Practice and procedure of the Supreme Court in relation to the service 19 of documents inside and outside the State, including outside Australia. 20 `Admission of legal practitioners 21 `7. Admitting barristers, solicitors and conveyancers of the Supreme 22 Court, including qualifications for and conditions of admission. 23 `Costs 24 `8. Costs payable to barristers, solicitors and conveyancers in any cause 25 or matter, including regulating (by court order, scale or otherwise) and 26 taxing the costs. 27

 


 

s9 22 s9 Courts Legislation Amendment `Apportioning costs 1 `9. Apportioning the costs of issues. 2 `Fees 3 `10. Fees payable to the Supreme Court, including fees worked out by 4 reference to a percentage. 5 `Pleadings 6 `11. Pleadings, including dispensing with pleadings. 7 `Transfer between courts 8 `12. Transferring a cause, matter, action or proceeding between courts, 9 including costs and procedures for the transfer. 10 `Writs of inquiry 11 `13. Writs of inquiry to have issues of fact tried in a Magistrates Court or 12 by a Judge or registrar. 13 `Enlarging time 14 `14. Enlarging time, including enlarging the number of days allowed by 15 a jurisdiction law for the return of a writ. 16 `Referral to arbitration 17 `15. Referring a cause or matter to arbitration under the Commercial 18 Arbitration Act 1990. 19 `Commissions and requests for arbitrations 20 `16. Issuing commissions or requests for the examination of witnesses 21 outside Queensland (including outside Australia) for an arbitration under the 22 Commercial Arbitration Act 1990. 23

 


 

s9 23 s9 Courts Legislation Amendment `Debts and liabilities of deceased persons 1 `17. Debts and liabilities of deceased persons for the Equity Act 1867. 2 `Proceedings against estates of deceased persons 3 `18. Enabling a proceeding to be commenced against the estate of a 4 deceased person (whether by the appointment of a person to represent the 5 estate or otherwise) if no grant has been made. 6 `Proceedings against persons who have died 7 `19. Enabling a proceeding purported to be commenced against any 8 person who has died to be treated as having been commenced against the 9 person's estate. 10 `Maintenance of proceedings against estates of deceased persons 11 `20. Enabling a proceeding commenced or treated as commenced against 12 the estate of a deceased person to be maintained (whether by substitution of 13 parties, amendment or otherwise) against a person appointed to represent 14 the estate or, if a grant is made, against the personal representatives. 15 `Service required etc. to be made on estate of deceased person 16 `21. Service of a proceeding against, or any document required or 17 permitted to be served in relation to, the estate of a deceased person, 18 including the persons on whom service should be effected and enlarging the 19 time for service. 20 `Dispensing with rules of evidence 21 `22. Dispensing with rules of evidence about the proof of something not 22 genuinely in dispute or that may otherwise cause expense or delay without 23 compensating advantage. 24

 


 

s9 24 s9 Courts Legislation Amendment `Disclosure and inspection 1 `23. Disclosure and inspection. 2 `Admissions 3 `24. Admissions about questions of fact. 4 `Recording evidence 5 `25. Recording evidence. 6 `Payment into and out of court etc. 7 `26. Paying amounts and transferring things into and out of court. 8 `Investments of amounts 9 `27. Investing amounts paid into court. 10 `Execution and enforcement 11 `28. Executing and enforcing court orders. 12 `Regulation of persons and things 13 `29. The regulation of persons and things in relation to any matter 14 mentioned in items 1 to 28 or 30. 15 `Functions etc. of persons 16 30. The functions, entitlements, obligations and powers of persons in 17 relation to any matter mentioned in items 1 to 29. 18

 


 

s9 25 s9 Courts Legislation Amendment `PART 2--ADR PROCESSES 1 `Approval of mediator or case appraiser 2 `1. Experience and qualifications for approval as a mediator or case 3 appraiser. 4 `Staying proceedings 5 `2. Staying proceedings, and the power of the Supreme Court to stay 6 proceedings, until an ADR process is finished. 7 `Costs 8 `3. Persons who must pay ADR costs and the way, and time within 9 which, ADR costs are to be paid. 10 `Jurisdiction 11 `4. Jurisdiction of a case appraiser at a case appraisal. 12 `Seeking independent advice or information 13 `5. Ability of a mediator or case appraiser to seek independent advice or 14 information. 15 `Time for processes 16 `6. Time within which an ADR process should be finished (which may 17 be a time specified by the court). 18 `Conduct of processes 19 `7. Conduct of an ADR process. 20

 


 

s9 26 s9 Courts Legislation Amendment `Confidentiality 1 `8. Confidentiality of a mediated agreement or case appraiser's decision. 2 `Powers, procedures etc. applying to arbitrations 3 `9. Applying procedures and other matters similar to those applying to 4 arbitrations under the Commercial Arbitration Act 1990. 5 `Penalties 6 `10. Imposing penalties against a party who fails to cooperate in an ADR 7 process.'. 8

 


 

s9 27 s9 Courts Legislation Amendment `SCHEDULE 2 1 `SUPREME COURTS ACTS AND JURISDICTION 2 ACTS 3 section 3 of the Act 4 ART 1--SUPREME COURT ACTS 5 `P Commercial Causes Act 1910 6 Common Law Pleading Act 1867 7 Common Law Process Act 1867 8 Costs Act 1867 9 Equity Act 1867 10 Equity Procedure Act 1873 11 Evidence And Discovery Act 1867 12 Interdict Act 1867 13 Judicature Act 1876 14 Legal Practitioners Act Amendment Act 1938 15 Legal Practitioners Act Amendment Act 1968 16 Sheriff's Act 1875 17 Solicitors Act 1891 18 Supreme Court Act 1867 19 Supreme Court Act 1874 20 Supreme Court Act 1892 21 Supreme Court Act 1893 22 Supreme Court Act 1895 23

 


 

s9 28 s9 Courts Legislation Amendment Supreme Court Act 1899 1 Supreme Court Act 1921 2 Supreme Court Acts Amendment Act (No. 2) 1958 3 Supreme Court Constitution Amendment Act 1861 4 Writs of Dedimus Act 1871. 5 ART 2--SUPREME COURT JURISDICTION ACTS 6 `P Appeal Costs Fund Act 1973 7 Charitable Funds Act 1958 8 Commercial Arbitration Act 1990 9 Common Law Practice Act 1867 10 Corporations Law 11 Court Funds Act 1973 12 Criminal Code 13 Criminal Code Act 1899 14 Crown Proceedings Act 1980 15 Evidence Act 1977 16 Judicial Review Act 1991 17 Jury Act 1929 18 Justices Act 1886 19 Penalties and Sentences Act 1992 20 Public Trustee Act 1978 21 Succession Act 1981 22 Traffic Act 1949.'. 23

 


 

s 10 29 s 11 Courts Legislation Amendment PART 3--AMENDMENT OF DISTRICT COURTS ACT 1 1967 2 amended 3 Act Clause 10. This part and schedule 1 amend the District Courts Act 1967. 4 of s 4 (Interpretation) 5 Amendment Clause 11.(1) Section 4, heading-- 6 omit, insert-- 7 `Definitions'. 8 (2) Section 4, definition "rules of court"-- 9 omit. 10 (3) Section 4-- 11 insert-- 12 ` "ADR costs" means-- 13 (a) for a mediation-- 14 (i) the mediator's fee; and 15 (ii) the venue provider's fee for providing the venue; and 16 (iii) other costs prescribed under the rules; and 17 (b) for a case appraisal-- 18 (i) the case appraiser's fee; and 19 (ii) the venue provider's fee for providing the venue; and 20 (iii) other costs prescribed under the rules. 21 "ADR convenor" means a mediator or case appraiser. 22 "ADR dispute" means a dispute referred to an ADR process. 23 "ADR process" see section 91B. 24 "case appraisal" see section 91D. 25

 


 

s 12 30 s 12 Courts Legislation Amendment "case appraiser" means-- 1 (a) a case appraiser approved under section 91F; or 2 (b) a Judge. 3 "dispute" means-- 4 (a) a dispute in an action; or 5 (b) something else about which the parties are in dispute that may be 6 dealt with in a mediation at the same time as an ADR dispute. 7 "District Courts jurisdiction Act" means-- 8 (a) the Commercial Arbitration Act 1990; or 9 (b) the District Courts (Venue of Appeals) Act 1988; or 10 (c) a law prescribed under a regulation for this definition. 11 "mediation" see section 91C. 12 "mediator" means a mediator approved under section 91E. 13 "party" means a party to a dispute. 14 "referring court", of a mediation or case appraisal, means the District 15 Court that referred the action to mediation or case appraisal. 16 "referring order" means an order made under section 91I referring a 17 dispute to an ADR process. 18 "rules" means rules of court under this Act.'. 19 of new pt 6A 20 Insertion Clause 12. After part 6-- 21 insert-- 22 ART 6A--ADR PROCESSES 23 `P 1--Preliminary 24 `Division

 


 

s 12 31 s 12 Courts Legislation Amendment of part 1 `Objects `91A. The objects of this part are-- 2 (a) to provide an opportunity for litigants to participate in ADR 3 processes in order to achieve negotiated settlements and 4 satisfactory resolutions of disputes; and 5 (b) to introduce ADR processes into the court system to improve 6 access to justice for litigants and to reduce cost and delay; and 7 (c) to provide a legislative framework allowing ADR processes to be 8 conducted as quickly, and with as little formality and technicality, 9 as possible; and 10 (d) to safeguard ADR processes-- 11 (i) by ensuring they remain confidential; and 12 (ii) by extending the same protection to participants in an ADR 13 process they would have if the dispute were before a District 14 Court. 15 2--Important terms 16 `Division process 17 `ADR `91B.(1) An "ADR process" is a process of mediation or case appraisal 18 under which the parties are helped to achieve an early, inexpensive 19 settlement or resolution of their dispute. 20 `(2) In division 6 3, an "ADR process" includes all the steps involved in 21 an ADR process, including, for example-- 22 (a) pre-mediation and post-mediation sessions; and 23 (b) a case appraisal session; and 24 (c) joint sessions; and 25 (d) private sessions; and 26 (e) another step prescribed under the rules. 27 3 Confidentiality, protection and immunity

 


 

s 12 32 s 12 Courts Legislation Amendment 1 `Mediation `91C. "Mediation" is a process under the rules under which the parties 2 use a mediator to help them resolve their dispute by negotiated agreement 3 without adjudication. 4 appraisal 5 `Case `91D.(1) "Case appraisal" is a process under the rules under which a 6 case appraiser provisionally decides a dispute. 7 `(2) A case appraiser's decision is not binding on the parties until-- 8 (a) the time prescribed by the rules for filing an election to go to trial 9 has passed; and 10 (b) a District Court, by order, gives effect to the decision. 11 3--Establishment of ADR processes 12 `Division of mediators 13 `Approval `91E. The Chief Judge may approve, or refuse to approve, a person as a 14 mediator. 15 of case appraisers 16 `Approval `91F. The Chief Judge may approve, or refuse to approve, a person as a 17 case appraiser. 18 register 19 `ADR `91G.(1) The registrar of the Supreme Court must keep a register of 20 information about ADR processes. 21 `(2) The register may be kept in the form (whether or not in a 22 documentary form) the registrar considers appropriate. 23 `(3) Without limiting subsection (2), the registrar may change the form 24 in which a register or a part of a register is kept. 25 `(4) The register must contain-- 26

 


 

s 12 33 s 12 Courts Legislation Amendment (a) the name and address of each mediator and each case appraiser 1 (other than a Judge); and 2 (b) other information prescribed under the rules; and 3 (c) other information decided by the Senior Judge Administrator of 4 the Supreme Court. 5 may agree to ADR process 6 `Parties `91H.(1) The parties to a dispute may agree to refer their dispute to an 7 ADR process. 8 `(2) If the parties agree to the referral, they must file a consent order in 9 the form prescribed under the rules with the registrar. 10 `(3) A consent order filed under this section is taken to be a referring 11 order. 12 may consider and order reference to ADR process 13 `Court `91I.(1) A District Court may require the parties or their representatives 14 to attend before it to enable the court to decide whether the parties' dispute 15 should be referred to an ADR process. 16 `(2) The court may, by order ("referring order"), refer the dispute for 17 mediation or case appraisal. 18 `(3) Without limiting the court's discretion, the court may take the 19 following matters into account when deciding whether to refer a dispute to 20 case appraisal-- 21 (a) whether the costs of litigating the dispute to the end are likely to 22 be disproportionate to the benefit gained; 23 (b) the likelihood of an appraisal producing a compromise or an 24 abandonment of a claim or defence; 25 (c) other circumstances justify an appraisal. 26 must attend at ADR process if District Court orders 27 `Parties `91J.(1) If a referring order is made, the parties-- 28

 


 

s 12 34 s 12 Courts Legislation Amendment (a) must attend before the ADR convenor appointed to conduct the 1 ADR process; and 2 (b) must not impede the ADR convenor in conducting and finishing 3 the ADR process within the time allowed under the referring 4 order. 5 `(2) If a party impedes the ADR process, a District Court may impose 6 sanctions against the party, including, for example-- 7 (a) by ordering that any claim for relief by the defaulting party is 8 stayed until further order; and 9 (b) by taking the party's action into account when awarding costs in 10 the proceeding or in another related proceeding between the 11 parties. 12 at case appraisal 13 `Procedure `91K.(1) At a case appraisal, the case appraiser-- 14 (a) must decide the procedure to be used at the case appraisal; and 15 (b) may adopt any procedure that will, in the case appraiser's 16 opinion, enable a sound opinion of the likely outcome of the 17 dispute to be reached; and 18 (c) must finish the case appraisal as quickly as possible. 19 `(2) However, the case appraiser may, in special circumstances-- 20 (a) receive evidence; and 21 (b) examine witnesses, and administer oaths to witnesses, who have 22 been lawfully called before the case appraiser. 23 `(3) A District Court may, at any time, give directions about procedure to 24 be used at the case appraisal. 25 `(4) This section is subject to section 91L. 26 ubpoenas 27 `S `91L.(1) A person may be subpoenaed to appear at a case appraisal only 28 by order of a District Court. 29

 


 

s 12 35 s 12 Courts Legislation Amendment `(2) A person may not be subpoenaed to appear at a mediation. 1 `(3) A person subpoenaed to appear at a case appraisal must not be 2 compelled to answer a question, or produce a document, the person could 3 not be compelled to answer or produce before a District Court. 4 `Division 4--Party unable to pay share of costs 5 unable to pay share of costs 6 `Party `91M.(1) If, at any time, a District Court is of the opinion a party to an 7 ADR process is unable, because of the party's financial circumstances, to 8 pay the party's percentage of the ADR costs, the court may make an order 9 appropriate in the circumstances. 10 `(2) Without limiting subsection (1), the order may provide-- 11 (a) the reference to the ADR process be cancelled; or 12 (b) the referring order be revoked and another referring order made. 13 5--What to do when ADR process is finished 14 `Division resolution agreement 15 `Mediated `91N.(1) If, at a mediation, the parties agree on a resolution of their 16 dispute or part of it, the agreement must be written down and signed by or 17 for each party and by the mediator. 18 `(2) The agreement has the same effect as any other compromise. 19 to file certificate 20 `Mediator `91O. As soon as practicable after a mediation has finished, the mediator 21 must file with the registrar of the referring court a certificate about the 22 mediation in the form prescribed under the rules. 23

 


 

s 12 36 s 12 Courts Legislation Amendment appraiser to file certificate and decision 1 `Case `91P. As soon as practicable after a case appraisal has finished, the case 2 appraiser must file with the registrar of the referring court-- 3 (a) a certificate about the case appraisal in the form prescribed under 4 the rules; and 5 (b) the case appraiser's decision (if any). 6 giving effect to mediation agreement 7 `Orders `91Q.(1) A party may apply to a District Court for an order giving effect 8 to an agreement reached after mediation. 9 `(2) However, a party may apply for the order only after the mediator's 10 certificate is filed with the registrar of the referring court. 11 `(3) The court may make any order it considers appropriate in the 12 circumstances. 13 giving effect to case appraiser's decision 14 `Orders `91R.(1) A party may apply to a District Court for an order giving effect 15 to a case appraiser's decision after the time prescribed under the rules for 16 electing to go to trial has passed. 17 `(2) However, a party may apply for the order before the time mentioned 18 in subsection (1) if all parties agree. 19 `(3) The court may make any order it considers appropriate in the 20 circumstances. 21 6--Confidentiality, protection and immunity 22 `Division convenors to maintain secrecy 23 `ADR `91S.(1) An ADR convenor must not, without reasonable excuse, 24 disclose information coming to the convenor's knowledge during an ADR 25 process. 26 Maximum penalty--50 penalty units. 27

 


 

s 12 37 s 12 Courts Legislation Amendment `(2) It is a reasonable excuse to disclose information if the disclosure is 1 made-- 2 (a) with the agreement of all the parties to the ADR process; or 3 (b) for this part; or 4 (c) for statistical purposes without revealing, or being likely to reveal, 5 the identity of a person about whom the information relates; or 6 (d) for an inquiry or proceeding about an offence happening during 7 the ADR process; or 8 (e) for a proceeding founded on fraud alleged to be connected with, 9 or to have happened during, the ADR process; or 10 (f) under a requirement imposed under an Act. 11 protection and immunity allowed 12 `Ordinary `91T.(1) In performing the functions of mediator or case appraiser, an 13 ADR convenor has the same protection and immunity as a Judge 14 performing the functions of a Judge. 15 `(2) A party appearing in an ADR dispute has the same protection and 16 immunity the party would have if the dispute were being heard before a 17 District Court. 18 `(3) A witness attending in an ADR dispute has the same protection and 19 immunity as a witness attending before a District Court. 20 `(4) A document produced at, or used for, an ADR dispute has the same 21 protection during the ADR dispute it would have if produced before a 22 District Court. 23 `(5) In subsection (2)-- 24 "party" includes a party's lawyer or agent. 25 made to ADR convenors 26 `Admissions `91U.(1) Evidence of anything done or said, or an admission made, at an 27 ADR process about the dispute is admissible at the trial of the dispute or in 28 another civil proceeding before a District Court or elsewhere only if all 29 parties to the dispute agree. 30

 


 

s 13 38 s 14 Courts Legislation Amendment `(2) In subsection (1)-- 1 "civil proceeding" does not include a civil proceeding founded on fraud 2 alleged to be connected with, or to have happened during, the ADR 3 process. 4 `Division 7--Miscellaneous 5 of approval as mediator or case appraiser 6 `Revocation `91V.(1) The Chief Judge may revoke the approval of a person as a 7 mediator or case appraiser. 8 `(2) The Chief Judge must give the person a statement of reasons for the 9 revocation.'. 10 of new s 94A 11 Insertion Clause 13. After section 94, in part 7, division 1-- 12 insert-- 13 against refusal to approve and revocation of approval as 14 `Appeal mediator or case appraiser 15 `94A. An appeal lies to the Court of Appeal, by leave of that court, 16 against-- 17 (a) a refusal to approve a person as a mediator or case appraiser; or 18 (b) the revocation of approval of a person as a mediator or case 19 appraiser.'. 20 of s 101 (Power to make rules of court) 21 Replacement Clause 14. Section 101-- 22 omit, insert-- 23 making power 24 `Rule `101.(1) The Governor in Council, with the agreement of the Chief Judge 25 and 5 or more other Judges, may make rules of court under this Act for a 26

 


 

s 15 39 s 15 Courts Legislation Amendment jurisdiction law. 1 `(2) Without limiting subsection (1), a rule may make provision about 2 any matter that-- 3 (a) is required or permitted to be prescribed under a jurisdiction law; 4 or 5 (b) is necessary or convenient to be prescribed for carrying out or 6 giving effect to a jurisdiction law. 7 `(3) Without limiting subsections (1) and (2), a rule may also make 8 provision about-- 9 (a) the practices and procedures of District Courts and their registries; 10 or 11 (b) another matter mentioned in the schedule. 12 `(4) In this section-- 13 "jurisdiction law" means-- 14 (a) this Act; or 15 (b) a District Courts jurisdiction Act; or 16 (c) another law giving jurisdiction to District Courts.'. 17 of new ss 111 and 112 18 Insertion Clause 15. After section 110-- 19 insert-- 20 of existing rules of court 21 `Saving `111.(1) In this section-- 22 "former section 101" means section 101 as in force immediately before 23 the commencement. 24 "new section 101" means section 101 as in force immediately after the 25 commencement. 26 `(2) This section applies to a rule made under the former section 101 and 27 in force immediately before the commencement. 28

 


 

s 16 40 s 16 Courts Legislation Amendment `(3) The rule continues in force after the commencement as if it were 1 made under the new section 101. 2 `(4) This section is a law to which the Acts Interpretation Act 1954, 3 section 20A applies. 4 `(5) This section expires 2 years after it is made. 5 and renumbering of Act 6 `Numbering `112. Section 43 (Numbering and renumbering of provisions) of the 7 Reprints Act 1992 must be used in the next reprint of this Act produced 8 under the Reprints Act 1992.'. 9 of new Schedule 10 Insertion Clause 16. At the end-- 11 insert-- 12 CHEDULE 13 `S UBJECT MATTER FOR RULES 14 `S section 101 of the Act 15 ART 1--GENERAL 16 `P `Jurisdiction of Judge in chambers 17 `1. Jurisdiction of a Judge in chambers. 18 `Jurisdiction of registrars and other officers 19 `2. Jurisdiction of registrars and other officers of District Courts. 20

 


 

s 16 41 s 16 Courts Legislation Amendment `Appeals from registrars and other officers 1 `3. Appeals from registrars and other officers of District Courts. 2 `Keeping records by registrars 3 `4. How books, entries and accounts (whether or not in documentary 4 form) are to be kept by registrars. 5 `Times for appearances etc. 6 `5. Times for appearing to plaints and summonses, for filing and serving 7 notices of defence. 8 `Particulars of plaint etc. 9 `6. Particulars to be given in a plaint or defence, including set-offs and 10 counterclaims. 11 `Service of documents 12 `7. Practice and procedure of District Courts in relation to the service of 13 documents inside and outside the State, including outside Australia. 14 `Costs 15 `8. Costs to be allowed to barristers and solicitors, and expenses to be 16 paid to witnesses. 17 `Fees 18 `9. Fees of court, and when, how and by whom the fees are payable. 19 `Forms 20 `10. Forms. 21

 


 

s 16 42 s 16 Courts Legislation Amendment `Taking notes of trial 1 `11. The taking of the notes of the trial or hearing of any action or matter. 2 `PART 2--ADR PROCESSES 3 `Approval of mediator or case appraiser 4 `1. Experience and qualifications for approval as a mediator or case 5 appraiser. 6 `Staying proceedings 7 `2. Staying proceedings, and the power of District Courts to stay 8 proceedings, until an ADR process is finished. 9 `Costs 10 `3. Persons who must pay ADR costs and the way, and time within 11 which, ADR costs are to be paid. 12 `Jurisdiction 13 `4. Jurisdiction of a case appraiser at a case appraisal. 14 `Seeking independent advice or information 15 `5. Ability of a mediator or case appraiser to seek independent advice or 16 information. 17 `Time for processes 18 `6. Time within which an ADR process should be finished (which may 19 be a time specified by the court). 20

 


 

s 17 43 s 18 Courts Legislation Amendment `Conduct of processes 1 `7. Conduct of an ADR process. 2 `Confidentiality 3 `8. Confidentiality of a mediated agreement or case appraiser's decision. 4 `Powers, procedures etc. applying to arbitrations 5 `9. Applying procedures and other matters similar to those applying to 6 arbitrations under the Commercial Arbitration Act 1990. 7 `Penalties 8 `10. Imposing penalties against a party who fails to cooperate in an ADR 9 process.'. 10 ART 4--AMENDMENT OF MAGISTRATES 11 P COURTS ACT 1921 12 amended 13 Act Clause 17. This part and schedule 2 amend the Magistrates Courts Act 1921. 14 of s 2 (Interpretation) 15 Amendment Clause 18.(1) Section 2, heading-- 16 omit, insert-- 17 `Definitions'. 18 (2) Section 2-- 19 insert-- 20 ` "ADR costs" means-- 21

 


 

s 18 44 s 18 Courts Legislation Amendment (a) for a mediation-- 1 (i) the mediator's fee; and 2 (ii) the venue provider's fee for providing the venue; and 3 (iii) other costs prescribed under the rules; and 4 (b) for a case appraisal-- 5 (i) the case appraiser's fee; and 6 (ii) the venue provider's fee for providing the venue; and 7 (iii) other costs prescribed under the rules. 8 "ADR convenor" means a mediator or case appraiser. 9 "ADR dispute" means a dispute referred to an ADR process. 10 "ADR process" see section 10C. 11 "case appraisal" see section 10E. 12 "case appraiser" means-- 13 (a) a case appraiser approved under section 10G; or 14 (b) a Magistrate. 15 "dispute" means-- 16 (a) a dispute in an action; or 17 (b) something else about which the parties are in dispute that may be 18 dealt with in a mediation at the same time as an ADR dispute. 19 "mediation" see section 10D. 20 "mediator" means a mediator approved under section 10F. 21 "party" means a party to a dispute. 22 "referring court", of a mediation or case appraisal, means the Magistrates 23 Court that referred the action to mediation or case appraisal. 24 "referring order" means an order made under section 10I referring a 25 dispute to an ADR process. 26 "rules" means rules of court under this Act. 27 "Small Debts Court" see section 4I(2).'. 28

 


 

s 19 45 s 19 Courts Legislation Amendment of new pt 5 1 Insertion Clause 19. After section 10A-- 2 insert-- 3 `PART 5--ADR PROCESSES 4 1--Preliminary 5 `Division of part 6 `Objects `10B. The objects of this part are-- 7 (a) to provide an opportunity for litigants to participate in ADR 8 processes in order to achieve negotiated settlements and 9 satisfactory resolutions of disputes; and 10 (b) to introduce ADR processes into the court system to improve 11 access to justice for litigants and to reduce cost and delay; and 12 (c) to provide a legislative framework allowing ADR processes to be 13 conducted as quickly, and with as little formality and technicality, 14 as possible; and 15 (d) to safeguard ADR processes-- 16 (i) by ensuring they remain confidential; and 17 (ii) by extending the same protection to participants in an ADR 18 process they would have if the dispute were before a 19 Magistrates Court. 20 2--Important terms 21 `Division process 22 `ADR `10C.(1) An "ADR process" is a process of mediation or case appraisal 23 under which the parties are helped to achieve an early, inexpensive 24 settlement or resolution of their dispute. 25

 


 

s 19 46 s 19 Courts Legislation Amendment `(2) In division 6 4, an "ADR process" includes all the steps involved in 1 an ADR process, including, for example-- 2 (a) pre-mediation and post-mediation sessions; and 3 (b) a case appraisal session; and 4 (c) joint sessions; and 5 (d) private sessions; and 6 (e) another step prescribed under the rules. 7 8 `Mediation `10D. "Mediation" is a process under the rules under which the parties 9 use a mediator to help them resolve their dispute by negotiated agreement 10 without adjudication. 11 appraisal 12 `Case `10E.(1) "Case appraisal" is a process under the rules under which a 13 case appraiser provisionally decides a dispute. 14 `(2) A case appraiser's decision is not binding on the parties until-- 15 (a) the time prescribed by the rules for filing an election to go to trial 16 has passed; and 17 (b) a Magistrates Court, by order, gives effect to the decision. 18 3--Establishment of ADR processes 19 `Division of mediators 20 `Approval `10F. The Chief Stipendiary Magistrate may approve, or refuse to 21 approve, a person as a mediator. 22 4 Confidentiality, protection and immunity

 


 

s 19 47 s 19 Courts Legislation Amendment of case appraisers 1 `Approval `10G. The Chief Stipendiary Magistrate may approve, or refuse to 2 approve, a person as a case appraiser. 3 register 4 `ADR `10H.(1) The registrar of a Magistrates Court in Brisbane nominated by 5 the Chief Stipendiary Magistrate for the purpose must keep a register of 6 information about ADR processes. 7 `(2) The register may be kept in the form (whether or not in a 8 documentary form) the registrar considers appropriate. 9 `(3) Without limiting subsection (2), the registrar may change the form 10 in which a register or a part of a register is kept. 11 `(4) The register must contain-- 12 (a) the name and address of each mediator and each case appraiser 13 (other than a Magistrate); and 14 (b) other information prescribed under the rules; and 15 (c) other information decided by the Chief Stipendiary Magistrate. 16 may agree to ADR process 17 `Parties `10I.(1) The parties to a dispute may agree to refer their dispute to an 18 ADR process. 19 `(2) If the parties agree to the referral, they must file a consent order in 20 the form prescribed under the rules with the registrar. 21 `(3) A consent order filed under this section is taken to be a referring 22 order. 23 may consider and order reference to ADR process 24 `Court `10J.(1) A Magistrates Court may require the parties or their 25 representatives to attend before it to enable the court to decide whether the 26 parties' dispute should be referred to an ADR process. 27

 


 

s 19 48 s 19 Courts Legislation Amendment `(2) The court may, by order ("referring order"), refer the dispute for 1 mediation or case appraisal. 2 `(3) Without limiting the court's discretion, the court may take the 3 following matters into account when deciding whether to refer a dispute to 4 case appraisal-- 5 (a) whether the costs of litigating the dispute to the end are likely to 6 be disproportionate to the benefit gained; 7 (b) the likelihood of an appraisal producing a compromise or an 8 abandonment of a claim or defence; 9 (c) other circumstances justify an appraisal. 10 must attend at ADR process if Magistrates Court orders 11 `Parties `10K.(1) If a referring order is made, the parties-- 12 (a) must attend before the ADR convenor appointed to conduct the 13 ADR process; and 14 (b) must not impede the ADR convenor in conducting and finishing 15 the ADR process within the time allowed under the referring 16 order. 17 `(2) If a party impedes the ADR process, a Magistrates Court may 18 impose sanctions against the party, including, for example-- 19 (a) by ordering that any claim for relief by the defaulting party is 20 stayed until further order; and 21 (b) by taking the party's action into account when awarding costs in 22 the proceeding or in another related proceeding between the 23 parties. 24 at case appraisal 25 `Procedure `10L.(1) At a case appraisal, the case appraiser-- 26 (a) must decide the procedure to be used at the case appraisal; and 27 (b) may adopt any procedure that will, in the case appraiser's 28 opinion, enable a sound opinion of the likely outcome of the 29 dispute to be reached; and 30

 


 

s 19 49 s 19 Courts Legislation Amendment (c) must finish the case appraisal as quickly as possible. 1 `(2) However, the case appraiser may, in special circumstances-- 2 (a) receive evidence; and 3 (b) examine witnesses, and administer oaths to witnesses, who have 4 been lawfully called before the case appraiser. 5 `(3) A Magistrates Court may, at any time, give directions about 6 procedure to be used at the case appraisal. 7 `(4) This section is subject to section 10M. 8 ubpoenas 9 `S `10M.(1) A person may be subpoenaed to appear at a case appraisal only 10 by order of a Magistrates Court. 11 `(2) A person may not be subpoenaed to appear at a mediation. 12 `(3) A person subpoenaed to appear at a case appraisal must not be 13 compelled to answer a question, or produce a document, the person could 14 not be compelled to answer or produce before a Magistrates Court. 15 `Division 4--Party unable to pay share of costs 16 unable to pay share of costs 17 `Party `10N.(1) If, at any time, a Magistrates Court is of the opinion a party to 18 an ADR process is unable, because of the party's financial circumstances, 19 to pay the party's percentage of the ADR costs, the court may make an 20 order appropriate in the circumstances. 21 `(2) Without limiting subsection (1), the order may provide-- 22 (a) the reference to the ADR process be cancelled; or 23 (b) the referring order be revoked and another referring order made. 24

 


 

s 19 50 s 19 Courts Legislation Amendment 5--What to do when ADR process is finished 1 `Division resolution agreement 2 `Mediated `10O.(1) If, at a mediation, the parties agree on a resolution of their 3 dispute or part of it, the agreement must be written down and signed by or 4 for each party and by the mediator. 5 `(2) The agreement has the same effect as any other compromise. 6 to file certificate 7 `Mediator `10P. As soon as practicable after a mediation has finished, the mediator 8 must file with the registrar of the referring court a certificate about the 9 mediation in the form prescribed under the rules. 10 appraiser to file certificate and decision 11 `Case `10Q. As soon as practicable after a case appraisal has finished, the case 12 appraiser must file with the registrar of the referring court-- 13 (a) a certificate about the case appraisal in the form prescribed under 14 the rules; and 15 (b) the case appraiser's decision (if any). 16 giving effect to mediation agreement 17 `Orders `10R.(1) A party may apply to a Magistrates Court for an order giving 18 effect to an agreement reached after mediation. 19 `(2) However, a party may apply for the order only after the mediator's 20 certificate is filed with the registrar of the referring court. 21 `(3) The Court may make any order it considers appropriate in the 22 circumstances. 23 giving effect to case appraiser's decision 24 `Orders `10S.(1) A party may apply to a Magistrates Court for an order giving 25 effect to a case appraiser's decision after the time prescribed under the rules 26

 


 

s 19 51 s 19 Courts Legislation Amendment for electing to go to trial has passed. 1 `(2) However, a party may apply for the order before the time mentioned 2 in subsection (1) if all parties agree. 3 `(3) The court may make any order it considers appropriate in the 4 circumstances. 5 6--Confidentiality, protection and immunity 6 `Division convenors to maintain secrecy 7 `ADR `10T.(1) An ADR convenor must not, without reasonable excuse, 8 disclose information coming to the convenor's knowledge during an ADR 9 process. 10 Maximum penalty--50 penalty units. 11 `(2) It is a reasonable excuse to disclose information if the disclosure is 12 made-- 13 (a) with the agreement of all the parties to the ADR process; or 14 (b) for this part; or 15 (c) for statistical purposes without revealing, or being likely to reveal, 16 the identity of a person about whom the information relates; or 17 (d) for an inquiry or proceeding about an offence happening during 18 the ADR process; or 19 (e) for a proceeding founded on fraud alleged to be connected with, 20 or to have happened during, the ADR process; or 21 (f) under a requirement imposed under an Act. 22 protection and immunity allowed 23 `Ordinary `10U.(1) In performing the functions of mediator or case appraiser, an 24 ADR convenor has the same protection and immunity as a Magistrate 25 performing the functions of a Magistrate. 26 `(2) A party appearing in an ADR dispute has the same protection and 27 immunity the party would have if the dispute were being heard before a 28

 


 

s 20 52 s 20 Courts Legislation Amendment Magistrates Court. 1 `(3) A witness attending in an ADR dispute has the same protection and 2 immunity as a witness attending before a Magistrates Court. 3 `(4) A document produced at, or used for, an ADR dispute has the same 4 protection during the ADR dispute it would have if produced before a 5 Magistrates Court. 6 `(5) In subsection (2)-- 7 "party" includes a party's lawyer or agent. 8 made to ADR convenors 9 `Admissions `10V.(1) Evidence of anything done or said, or an admission made, at an 10 ADR process about the dispute is admissible at the trial of the dispute or 11 before another civil proceeding in a Magistrates Court or elsewhere only if 12 all the parties to the dispute agree. 13 `(2) In subsection (1)-- 14 "civil proceeding" does not include a civil proceeding founded on fraud 15 alleged to be connected with, or to have happened during, the ADR 16 process. 17 `Division 7--Miscellaneous 18 of approval as mediator or case appraiser 19 `Revocation `10W.(1) The Chief Stipendiary Magistrate may revoke the approval of a 20 person as a mediator or case appraiser. 21 `(2) The Chief Stipendiary Magistrate must give the person a statement 22 of reasons for the revocation.'. 23 of new s 11AF 24 Insertion Clause 20. After section 11AE, in part 6-- 25 insert-- 26

 


 

s 21 53 s 22 Courts Legislation Amendment against refusal to approve and revocation of approval as 1 `Appeal mediator or case appraiser 2 `11AF. An appeal lies to the District Court against-- 3 (a) a refusal to approve a person as a mediator or case appraiser; or 4 (b) the revocation of approval of a person as a mediator or case 5 appraiser.'. 6 of new s 13C 7 Insertion Clause 21. After section 13B, in part 7-- 8 insert-- 9 of court 10 `Procedure `13C. The procedure for appeal to a Magistrates Court is, in the absence 11 of relevant rules, as directed by a Magistrate.'. 12 of s 14 (Power to make rules of court) 13 Replacement Clause 22. Section 14-- 14 omit, insert-- 15 making power 16 `Rule `14.(1) The Governor in Council may make rules of court under this Act 17 for a jurisdiction law. 18 `(2) Without limiting subsection (1), a rule may make provision about 19 any matter that-- 20 (a) is required or permitted to be prescribed under a jurisdiction law; 21 or 22 (b) is necessary or convenient to be prescribed for carrying out or 23 giving effect to a jurisdiction law. 24 `(3) Without limiting subsections (1) and (2), a rule may also make 25 provision about-- 26 (a) the practices and procedures of Magistrates Courts and their 27 registries; or 28

 


 

s 23 54 s 24 Courts Legislation Amendment (b) another matter mentioned in the schedule. 1 `(4) In this section-- 2 "jurisdiction law" means-- 3 (a) this Act; or 4 (b) another law giving jurisdiction to Magistrates Courts.'. 5 of s 16 (Existing rules of court) 6 Replacement Clause 23. Section 16-- 7 omit, insert-- 8 of existing rules of court 9 `Saving `16.(1) In this section-- 10 "former section 14" means section 14 as in force immediately before the 11 commencement. 12 "new section 14" means section 14 as in force immediately after the 13 commencement. 14 `(2) This section applies to-- 15 (a) a rule made under the former section 14 and in force immediately 16 before the commencement; and 17 (b) any other rule of court contained in an order in council made 18 under this Act and in force immediately before the 19 commencement. 20 `(3) The rule continues in force after the commencement as if it were 21 made under the new section 14. 22 `(4) This section is a law to which the Acts Interpretation Act 1954, 23 section 20A applies. 24 `(5) This section expires 2 years after it is made.'. 25 of new s 17 26 Insertion Clause 24. After section 16-- 27 insert-- 28

 


 

s 25 55 s 25 Courts Legislation Amendment and renumbering of Act 1 `Numbering `17. Section 43 (Numbering and renumbering of provisions) of the 2 Reprints Act 1992 must be used in the next reprint of this Act produced 3 under the Reprints Act 1992.'. 4 of new schedule 5 Insertion Clause 25. At the end-- 6 insert-- 7 CHEDULE 8 `S UBJECT MATTER FOR RULES 9 `S section 14 of the Act 10 ART 1--GENERAL 11 `P `Jurisdiction with consent 12 `1. Jurisdiction, with the consent of the parties to the action, to try an 13 action that might be brought in the Supreme Court, and regulating the 14 exercise of the consent jurisdiction. 15 `Jurisdiction for recovery of possession of land 16 `2. Jurisdiction, to the extent of the jurisdiction of District Courts, for the 17 recovery of possession of land (with or without rent or mesne profits) by 18 landlords from tenants and other persons. 19 `Powers etc of registrars and other officers 20 `3. The powers, duties, and authorities of officers of Magistrates Courts. 21

 


 

s 25 56 s 25 Courts Legislation Amendment `Sittings of Magistrates Courts 1 `4. Sittings of Magistrates Courts. 2 `Starting, and transferring, proceedings 3 `5. Districts and courts in which proceedings must be started, and 4 transfer of proceedings from a district to another district. 5 `Summonses 6 `6. Summonses for, and the attendance and examination of, witnesses 7 before a Magistrates Court, in arbitration proceedings or otherwise. 8 `New trials, appeals and evidence 9 `7. New trials and appeals, including the evidence to be used at the new 10 trial or appeal and the admission of further evidence in exceptional cases 11 and special cases. 12 `Proceedings after death or insolvency 13 `8. Abatement or continuance of action if a plaintiff dies or becomes 14 insolvent. 15 `Keeping records by registrars 16 `9. How books, entries and accounts (whether or not in documentary 17 form) are to be kept by registrars. 18 `Referral to arbitration 19 `10. Referring, with or without consent of parties, an action to arbitration 20 under the Commercial Arbitration Act 1990, and enforcing arbitration 21 awards. 22

 


 

s 25 57 s 25 Courts Legislation Amendment `Service of documents 1 `11. Practice and procedure of Magistrates Courts in relation to the 2 service of documents inside and outside the State, including outside 3 Australia. 4 `Costs 5 `12. Costs to be allowed to barristers and solicitors, and expenses to be 6 paid to witnesses. 7 `Fees 8 `13. Fees of court, and when, how and by whom the fees are payable. 9 `Forms 10 `14. Forms. 11 `Contempt 12 `15. Imposing, or authorising a Magistrates Court of its own initiative, to 13 impose fines or other punishment for contempt of court by any person 14 (including officers of the Supreme Court), or for misconduct or neglect by 15 any officer. 16 `PART 2--ADR PROCESSES 17 `Approval of mediator or case appraiser 18 `1. Experience and qualifications for approval as a mediator or case 19 appraiser. 20

 


 

s 25 58 s 25 Courts Legislation Amendment `Staying proceedings 1 `2. Staying proceedings, and the power of Magistrates Courts to stay 2 proceedings, until an ADR process is finished. 3 `Costs 4 `3. Persons who must pay ADR costs and the way, and time within 5 which, ADR costs are to be paid. 6 `Jurisdiction 7 `4. Jurisdiction of a case appraiser at a case appraisal. 8 `Seeking independent advice or information 9 `5. Ability of a mediator or case appraiser to seek independent advice or 10 information. 11 `Time for processes 12 `6. Time within which an ADR process should be finished (which may 13 be a time specified by the court). 14 `Conduct of processes 15 `7. Conduct of an ADR process. 16 `Confidentiality 17 `8. Confidentiality of a mediated agreement or case appraiser's decision. 18 `Powers, procedures etc. applying to arbitrations 19 `9. Applying procedures and other matters similar to those applying to 20 arbitrations under the Commercial Arbitration Act 1990. 21

 


 

s 26 59 s 28 Courts Legislation Amendment `Penalties 1 `10. Imposing penalties against a party who fails to cooperate in an ADR 2 process.'. 3 PART 5--AMENDMENT OF JUDICIAL REVIEW ACT 4 1991 5 amended 6 Act Clause 26. This part amends the Judicial Review Act 1991. 7 of s 3 (Definitions) 8 Amendment Clause 27.(1) Section 3, definitions "GOC" and "rules of court"-- 9 omit. 10 (2) Section 3-- 11 insert-- 12 ` "rules of court" mean the rules of court of the Supreme Court.'. 13 of s 18 (Act to operate despite existing laws) 14 Replacement Clause 28. Section 18-- 15 omit, insert-- 16 of other laws 17 `Operation `18.(1) This Act has effect despite any law in force at its commencement. 18 `(2) However, this Act does not-- 19 (a) affect the operation of an enactment mentioned in schedule 1, 20 part 1; or 21 (b) apply to decisions made, proposed to be made, or required to be 22 made, under an enactment mentioned in schedule 1, part 2.'. 23

 


 

s 29 60 s 31 Courts Legislation Amendment of s 55 (Rules may provide for service etc.) 1 Omission Clause 29. Section 55-- 2 omit. 3 of pt 7 (Amendments) 4 Omission Clause 30. Part 7-- 5 omit. 6 of sch 1 7 Amendment Clause 31.(1) Schedule 1, heading-- 8 omit, insert-- 9 `SCHEDULE 1 10 `OPERATION OF OTHER LAWS 11 section 18 of the Act 12 `PART 1--ENACTMENTS THAT PROVIDE FOR 13 NON-REVIEW OR LIMITED REVIEW OF 14 DECISIONS'. 15 (2) Schedule 1, item 3-- 16 omit, insert-- 17 `3. Industrial Relations Act 1990, sections 13 and 93'. 18 (3) Schedule 1, item 5-- 19 omit, insert-- 20 `5. Retail Shop Leases Act 1994, section 88'. 21 (4) Schedule 1, at the end-- 22 insert-- 23

 


 

s 31 61 s 31 Courts Legislation Amendment `PART 2--ENACTMENTS TO WHICH THIS ACT 1 DOES NOT APPLY 2 1. District Courts Act 1967, sections 91E, 91F and 91V(1) 3 2. Magistrates Courts Act 1921, sections 10F, 10G and 10W(1) 4 3. Supreme Court of Queensland Act 1991, sections 100E, 100F and 5 100V(1)'. 6 7

 


 

62 Courts Legislation Amendment CHEDULE 1 1 S MINOR AMENDMENTS OF DISTRICT COURTS ACT 2 1967 3 section 10 of the Act 4 1. Section 1(2) and heading-- 5 omit. 6 2. Section 1(3) and (4) and heading to section 1(3)-- 7 omit, insert-- 8 `Suspension of Act's operation 9 `1A. A regulation may provide that this Act or a provision of this Act is 10 not in force for a district.'. 11 3. Section 3(3) and heading-- 12 omit. 13 4. Heading before section-- 14 omit, insert-- 15 `Division 1--Courts'. 16 5. Section 5(1), heading-- 17 omit, insert-- 18 `Appointment of District Courts and assignment of districts'. 19

 


 

63 Courts Legislation Amendment SCHEDULE 1 (continued) 6. Section 5, `proclamation'-- 1 omit, insert-- 2 `regulation'. 3 7. Section 5(2), heading-- 4 omit. 5 8. Section 6(2)-- 6 renumber as section 6A. 7 9. Heading before section 9-- 8 omit, insert-- 9 `Division 2--Judges'. 10 10. Section 17, `, by order in council,'-- 11 omit. 12 11. Section 19(1) `by proclamation'-- 13 omit. 14 12. Heading before section 28-- 15 omit, insert-- 16 `Division 3--Certiorari, mandamus and prohibition'. 17 13. Headings before sections 29, 30 and 31-- 18 omit. 19

 


 

64 Courts Legislation Amendment SCHEDULE 1 (continued) 14. Section 31(1), `to be a stay of proceedings'-- 1 omit. 2 15. Section 31(2), heading-- 3 omit. 4 16. Heading before section 33-- 5 omit, insert-- 6 `Division 4--Registries'. 7 17. Heading before section 34-- 8 omit, insert-- 9 `Division 5--Officers'. 10 18. Section 36, `those Acts'-- 11 omit, insert-- 12 `that Act'. 13 19. Section 37(2), heading-- 14 omit. 15 20. Heading before section 46-- 16 omit. 17 21. Heading before section 51-- 18 omit, insert-- 19 `Division 6--Barristers, solicitors and agents'. 20

 


 

65 Courts Legislation Amendment SCHEDULE 1 (continued) 22. Section 53(1), `, by proclamation,'-- 1 omit. 2 23. Section 55(3)-- 3 renumber as section 55A. 4 24. Before section 58, in part 4-- 5 insert-- 6 `Division 1--Criminal jurisdiction'. 7 25. Section 60, `by proclamation'-- 8 omit, insert-- 9 `by regulation'. 10 26. Section 60, `the proclamation' (first and third mentions)-- 11 omit, insert-- 12 `the regulation'. 13 27. Section 60, `publication of the proclamation in the Gazette'-- 14 omit, insert-- 15 `notification of the regulation'. 16 28. Heading before section 61-- 17 omit, insert-- 18 `Division 2--Procedure'. 19

 


 

66 Courts Legislation Amendment SCHEDULE 1 (continued) 29. Before section 66, in part 5-- 1 insert-- 2 `Division 1--Court's civil jurisdiction and powers'. 3 30. Section 74(2)-- 4 renumber as section 74A. 5 31. Heading before section 75-- 6 omit, insert-- 7 `Division 2--Trial by jury'. 8 32. Heading before section 76-- 9 omit, insert-- 10 `Division 3--Evidence'. 11 33. Heading before section 77-- 12 omit, insert-- 13 `Division 4--Removal of actions'. 14 34. Section 83(2) and (3)-- 15 renumber as section 83A(1) and (2) respectively. 16 35. Heading before section 92-- 17 omit, insert-- 18 `Division 1--Appeals to Court of Appeal'. 19

 


 

67 Courts Legislation Amendment SCHEDULE 1 (continued) 36. Before section 95-- 1 insert-- 2 `Division 2--Appeals and special cases from Magistrates Courts'. 3 37. Section 95(3)-- 4 renumber as section 95A. 5 38. Before section 96-- 6 insert-- 7 `Division 3--Other appeals to District Courts'. 8 39. Heading before section 97-- 9 omit. 10 40. Section 99-- 11 omit. 12 41. Part 9, heading and heading before section 101-- 13 omit, insert-- 14 `PART 9--MISCELLANEOUS'. 15 42. Headings before sections 102 and 103-- 16 omit. 17 43. Section 102(1), `The Governor in Council may from time to time 18 by order in council determine'-- 19 omit, insert-- 20

 


 

68 Courts Legislation Amendment SCHEDULE 1 (continued) `A regulation may fix'. 1 44. Sections 108 and 109-- 2 omit, insert-- 3 `Regulation making power 4 `108. The Governor in Council may make regulations under this Act. 5 `PART 10--TRANSITIONAL PROVISIONS 6 `References to District Courts 7 `109.(1) In another Act, a reference to a District Court is a reference to a 8 District Court within the meaning of this Act. 9 `(2) For an Act passed before the commencement of this Act, 10 subsection (1) has effect even though the reference is expressed to relate to a 11 District Court within the meaning of another Act.'. 12 13

 


 

69 Courts Legislation Amendment CHEDULE 2 1 S INOR AMENDMENTS OF MAGISTRATES 2 M COURTS ACT 1921 3 section 17 of the Act 4 1. Before section 1-- 5 insert-- 6 `PART 1--PRELIMINARY'. 7 2. Section 1-- 8 omit, insert-- 9 `Short title 10 `1. This Act may be cited as the Magistrates Courts Act 1921.'. 11 3. Before section 4-- 12 insert-- 13 `PART 2--JURISDICTION'. 14 4. Section 4A, `The Court'-- 15 omit, insert-- 16 `A Magistrates Court'. 17 5. Section 4C(2), `another Court'-- 18 omit, insert-- 19 `any other court'. 20

 


 

70 Courts Legislation Amendment SCHEDULE 2 (continued) 6. Section 4D, `the Court' (first mention)-- 1 omit, insert-- 2 `a Magistrates Court'. 3 7. Section 4E, `the Court'-- 4 omit, insert-- 5 `a Magistrates Court'. 6 8. Section 4H, heading, `Court'-- 7 omit, insert-- 8 `Magistrates Court'. 9 9. Section 4H, `the Court' (first mention)-- 10 omit, insert-- 11 `a Magistrates Court'. 12 10. Before section 5-- 13 insert-- 14 `PART 3--MAGISTRATES COURTS'. 15 11. Section 5, heading, `Courts'-- 16 omit, insert-- 17 `Magistrates Courts'. 18 12. Section 6, heading, `Court'-- 19 omit, insert-- 20 `Magistrates Courts'. 21

 


 

71 Courts Legislation Amendment SCHEDULE 2 (continued) 13. Section 6, `Courts'-- 1 omit, insert-- 2 `Magistrates Courts'. 3 14. Section 7, heading, `Court'-- 4 omit, insert-- 5 `Magistrates Courts'. 6 15. Section 7, `the Court'-- 7 omit, insert-- 8 `a Magistrates Court'. 9 16. Section 7, `rules of court'-- 10 omit, insert-- 11 `rules'. 12 17. Section 7A(1), `Court'-- 13 omit, insert-- 14 `Magistrates Court'. 15 18. Section 7A(2), `The Court'-- 16 omit, insert-- 17 `A Magistrates Court'. 18 19. Section 7A, as amended-- 19 renumber as section 4I and relocate in part 2. 20

 


 

72 Courts Legislation Amendment SCHEDULE 2 (continued) 20. Section 8, heading, `Court'-- 1 omit, insert-- 2 `Magistrates Court'. 3 21. Section 8(1), `The Court'-- 4 omit, insert-- 5 `A Magistrates Court'. 6 22. Before section 9-- 7 insert-- 8 `PART 4--PRACTICE AND PROCEDURE'. 9 23. Section 9(1), `rules of court'-- 10 omit, insert-- 11 `rules'. 12 24. Section 9(1), `address the Court'-- 13 omit, insert-- 14 `address a Magistrates Court'. 15 25. Section 10, heading-- 16 omit, insert-- 17 `Laws of evidence'. 18 26. Section 10A(1) (first mention) and (2), `the Court'-- 19 omit, insert-- 20 `a Magistrates Court'. 21

 


 

73 Courts Legislation Amendment SCHEDULE 2 (continued) 27. Before section 11-- 1 insert-- 2 `PART 6--JUDGMENTS, NEW TRIALS, APPEALS 3 AND RELATED MATTERS'. 4 28. Section 11(1), `the Court'-- 5 omit, insert-- 6 `a Magistrates Court'. 7 29. Section 11(2), `a Court'-- 8 omit, insert-- 9 `a Magistrates Court'. 10 30. Section 11(2), `another Court'-- 11 omit, insert-- 12 `any other court'. 13 31. Section 11AA(1), `the Court' (first mention)-- 14 omit, insert-- 15 `a Magistrates Court'. 16 32. Section 11AA(2), `hearing the application'-- 17 omit. 18 33. Section 11AB(1), `the Court' (first mention)-- 19 omit, insert-- 20 `a Magistrates Court'. 21

 


 

74 Courts Legislation Amendment SCHEDULE 2 (continued) 34. Section 11AB(1) `rules of court'-- 1 omit, insert-- 2 `the rules'. 3 35. Section 11AC, heading, `by Court'-- 4 omit. 5 36. Section 11AC, `The Court'-- 6 omit, insert-- 7 `A Magistrates Court'. 8 37. Before section 11A-- 9 insert-- 10 `PART 7--MISCELLANEOUS'. 11 38. Section 11A, `the Court' (first mention)-- 12 omit, insert-- 13 `a Magistrates Court'. 14 39. Section 12, `the Court' (first mention)-- 15 omit, insert-- 16 `a Magistrates Court'. 17 40. Section 13B, `the Court' (first mention)-- 18 omit, insert-- 19 `a Magistrates Court'. 20

 


 

75 Courts Legislation Amendment SCHEDULE 2 (continued) 41. Before section 14-- 1 insert-- 2 `PART 8--RULES OF COURT'. 3 42. Before section 15-- 4 insert-- 5 `PART 9--TRANSITIONAL AND SAVINGS'. 6 7 State of Queensland 1995

 


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