Northern Territory Bills

[Index] [Search] [Download] [Related Items] [Help]

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL AMENDMENT BILL 2018

Serial 54
Northern Territory Civil and Administrative Tribunal Amendment Bill 2018
Ms Fyles

A Bill for an Act to amend the Northern Territory Civil and Administrative Tribunal Act

NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL ACT AMENDMENT ACT 2018

____________________

Act No. [ ] of 2018

____________________

Table of provisions

101A Default decisions
Division 2 Northern Territory Civil and Administrative Tribunal Amendment Act 2018

157 Default decisions made before commencement

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2018

____________________

An Act to amend the Northern Territory Civil and Administrative Tribunal Act

[Assented to [ ] 2018]

[Introduced [ ] 2018]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Northern Territory Civil and Administrative Tribunal Amendment Act 2018.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3 Act amended

This Act amends the Northern Territory Civil and Administrative Tribunal Act.

4 Section 80 amended (Tribunal may reopen proceeding)

After section 80(1)(a)

insert

(ab) a default decision was made in the proceeding under section 101A; or

5 Section 101A inserted

After section 101

insert

101A Default decisions

(1) If a party does not respond to an application for the recovery of a debt or other fixed sum of money owed, the Tribunal may make a decision against the party and order payment of the debt or sum.

(2) Before making a decision against the party, the Tribunal must be satisfied that the application sets out the claim in terms that are reasonably clear.

6 Section 132 amended (Tribunal may make costs orders)

After section 132(2)(b)

insert

(ba) the expectation that a party who has substantially succeeded against another party would normally recover:

(i) any fee paid by the successful party that was required under this Act; and

(ii) any fee paid by the successful party to serve documents, conduct a search or obtain a similar service, if it was necessary and reasonable to make or respond to an application; and

7 Section 154 amended (Seal)

After section 154(3)

insert

(4) The seal of the Tribunal may be affixed to a document manually or electronically.

8 Part 8 heading replaced

Part 8, heading

omit, insert

Part 8 Transitional matters

Division 1 Justice Legislation Amendment Act 2015

9 Part 8, Division 2 inserted

After section 156

insert

Division 2 Northern Territory Civil and Administrative Tribunal Amendment Act 2018

157 Default decisions made before commencement

Section 101A(1), as inserted by section 5 of the Northern Territory Civil and Administrative Tribunal Amendment Act 2018, does not apply to any proceeding commenced before the commencement of that section.

10 Repeal of Act

This Act is repealed on the day after it commences.

[Index] [Search] [Download] [Related Items] [Help]