New South Wales: District Court Act 1973 (NSW)

District Court Act 1973 No 9 An Act to establish a District Court of New South Wales, to provide for the appointment of, and the powers, authorities, duties and functions of, Judges and other officers of the Court, to empower the Court to hear and dispose of certain civil and criminal proceedings; to abolish the several District Courts and Courts of Quarter Sessions; to repeal the District Courts Act 1912 and certain other Acts; to amend the Crimes Act 1900 and certain other Acts; and for purposes connected therewith. Part 1 Preliminary 1 Name of Act This Act may be cited as the District Court Act 1973. 2 Commencement This Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette. 3 (Repealed) 4 Definitions: general (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— action means action in the Court, but does not include any proceedings under Division 8 of Part 3 or under Part 4. admitted set-off, in relation to an action, means set-off admitted by the plaintiff in the document lodged by the plaintiff to commence the action or, where a defendant pleads a cross-claim, by the defendant in the prescribed notice of the cross-claim. Chief Judge means Chief Judge of the Court. civil procedure rules means rules of Court made and in force under Part 3. civil proceedings means proceedings in the Court in its civil jurisdiction. corporation includes any body of persons that may by law sue or be sued, whether in its own name or in the name of any officer or other person. criminal procedure rules means rules of Court made and in force under Part 4. criminal proceedings means proceedings in the Court in its criminal jurisdiction. file, in relation to any proceedings, means lodge with the registrar for the proper place in relation to the proceedings, for inclusion in the record of the Court. Judge means Judge of the Court. judgment, in relation to an action, means judgment given or entered up in the action. jurisdictional limit of the Court means $1,250,000. land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity. mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire. Note— Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Judges of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018. Section 44 of the Judicial Officers Act 1986, as amended, has increased the maximum retirement age for Judges to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Judges holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902. The retirement age of 72 years continues to apply to Judges who do not consent to the increased retirement age applying to them. motor accident claim means a claim for damages arising from the death of, or injury to, a person where the death or injury has been caused by an act or omission of the owner or driver of a motor vehicle in the use or operation of the vehicle. officer, in relation to a corporation, includes a director and any person having (whether alone or with others) powers of management, direction or control of the corporation. prescribed means prescribed by this Act or the rules. Principal Registrar means the registrar for Sydney. proceedings— (a) where occurring in a provision of Part 3 and in subsections (3) and (5), means civil proceedings, (b) where occurring in a provision of Part 4, means criminal proceedings, and (c) where occurring in any other provision of this Act, shall be construed according to the context in which the expression occurs. proclaimed place means a place for the time being specified in a proclamation under section 18F. proper place, in relation to any proceedings in the Court in its civil jurisdiction— (a) where there has been no change of venue in respect of the proceedings—means the proclaimed place at which the proceedings were commenced, (b) where there has been only one change of venue in respect of the proceedings—means the proclaimed place to which the venue was changed, or (c) where there have been two or more changes of venue in respect of the proceedings—means the proclaimed place to which the venue was last changed. registry, in relation to a proclaimed place, means the office of the registrar for the proclaimed place. Rule Committee means the District Court Rule Committee established under section 18A. sitting place means— (a) any proclaimed place, and (b) in relation to the Court's civil jurisdiction—any place (other than a proclaimed place) that is the subject of a direction in force under section 32 (1), and (c) in relation to the Court's criminal jurisdiction—any place (other than a proclaimed place) that is the subject of a direction in force under section 173 (1). the Court or the District Court means the District Court of New South Wales, and includes all registries and offices of the Court, whether they are within the precincts of the Court or not. the registrar, in relation to any proceedings, means the registrar for the proper place in relation to the proceedings, and, where any other registrar is authorised by or under this Act to exercise or discharge any power, authority, duty or function of the registrar for that place, includes that other registrar when exercising or discharging that power, authority, duty or function. the rules means— (a) where occurring in Part 3 and Division 2 of Part 6, the civil procedure rules, and (b) where occurring in Part 4, the criminal procedure rules. work injury damages claim means a claim for an award of damages to which Division 3 (Modified common law damages) of Part 5 of the Workers Compensation Act 1987 applies. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) A reference in this Act— (a) to the giving of a judgment is a reference to the recording and delivering of a judgment, not being a judgment under any provision of the civil procedure rules prescribed for the purposes of this paragraph, and (b) to the entering up of a judgment is a reference to the entering up of a judgment in accordance with any provision of the civil procedure rules so prescribed. (3) A reference in this Act to the commencement of proceedings at a proclaimed place (however expressed) is a reference to the commencement of those proceedings by the lodging of the document commencing the proceedings with the registrar for that place. (4) A reference in this Act to the issue of a document at a proclaimed place (however expressed) is a reference to the issue of that document by the registrar for that place. (5) A reference in this Act to a stay of proceedings (however expressed) includes a reference to a stay of enforcement of the judgment arising from the proceedings. (6) A reference in this Act to a stay of enforcement of a judgment includes a reference to a stay of the issue of an order or writ under Part 8 of the Civil Procedure Act 2005. (7) Where a provision of this Act refers to the amount claimed in an action or cross-claim or to the amount for which an action is authorised by this Act to be brought and the action or cross-claim is for the detention of goods, the reference to that amount shall be construed as a reference to an amount equivalent to the value of the goods together with any damages claimed for the detention of the goods. (8) A reference in this Act to a Court of Quarter Sessions includes a reference to a court which, before 1 July 1973, was a Court of Sessions of the Peace, General Sessions of the Peace, General Sessions, General Quarter Sessions, General or Quarter Sessions, or General and Quarter Sessions. (9) A reference in this Act to criminal jurisdiction includes a reference to jurisdiction to hear an appeal from any conviction, finding of guilt, sentence or other decision relating to the commission or alleged commission of an offence against the law in force in New South Wales. (10) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (11) A reference in this or any other Act, or in any instrument, to the registrar of the District Court for a proclaimed place is, if there are 2 registrars for that place, a reference to either registrar. (12) Notes included in this Act do not form part of this Act. 5 Definition: nearest proclaimed place (1) A reference in this Act to the nearest proclaimed place to another place (however expressed) is a reference to the proclaimed place the distance between the principal registry for which and that other place is shorter than the distance between any other principal registry and that other place. (2) In subsection (1)— distance means distance computed in accordance with the civil procedure rules. principal registry, in relation to a proclaimed place, means— (a) where there is only one registry for the proclaimed place—that registry, or (b) where there are two or more registries for the proclaimed place—the registry specified in, or determined in accordance with, the civil procedure rules as being the principal registry for the proclaimed place. (3) The Governor may, at the Governor's discretion, by proclamation, specify an address or a place at which the principal registry for a proclaimed place shall be deemed to be situated, and that principal registry shall, for the purposes of subsection (1), be deemed to be situated at the address or place so specified, notwithstanding that it may be situated elsewhere. 6 Order on terms Where under this Act or the civil or criminal procedure rules the Court may make any order or give any direction or leave or do any other thing on terms, the Court may make the order or give the direction or leave or do the thing on such terms and conditions (if any) as the Court thinks fit. 7 Application of certain provisions of this Act The provisions of Part 3 and Division 2 of Part 6 and the civil procedure rules— (a) apply to and in respect of proceedings in the Court in its civil jurisdiction, and (b) except as provided by Part 4, do not apply to or in respect of proceedings in the Court in its criminal jurisdiction. Part 2 The District Court of New South Wales Division 1 Establishment of the Court 8 The Court (1) There shall be a District Court of New South Wales. (2) The Court shall be a court of record. (3) There shall be a seal of the Court, and any document required by or under this or any other Act or law to be sealed or stamped with the seal of the Court shall be so sealed or stamped. 9 Jurisdiction of the Court generally (1) The Court shall have a civil jurisdiction, consisting of— (a) its jurisdiction conferred by Part 3, and (b) the jurisdiction conferred by or under any other Act or law on the Court, not being its jurisdiction referred to in subsection (2). (2) The Court shall have a criminal jurisdiction, consisting of— (a) its jurisdiction conferred by Part 4, and (b) the jurisdiction conferred by or under any other Act or law on the Court in its criminal jurisdiction. 10 State-wide jurisdiction The Court, wherever sitting, shall, subject to this Act, have jurisdiction throughout the whole of New South Wales. 11 Single Judge to constitute the Court (1) All civil and criminal proceedings in the Court, and all business arising out of any such proceedings, shall, subject to this Act and the Jury Act 1977, be heard and disposed of before a Judge, who shall constitute the Court. (2) Subsection (1) does not affect the provisions of this Act and the civil or criminal procedure rules concerning the hearing and disposal of civil and criminal proceedings and business before a registrar or other officer of the Court. Division 2 Judges 12 Composition of the Court The Court shall be composed of a Chief Judge and such other Judges as the Governor may from time to time appoint. 13 Appointment and qualifications of Judges (1) The Governor may, by commission under the public seal of the State, appoint any qualified person as a Judge. (2) In this section— qualified person means any of the following persons— (a) a person who is an Australian lawyer of at least 7 years' standing, (b) a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, (c) without limiting paragraph (a) or (b), the Chief Magistrate of the Local Court. (d) (Repealed) (3) The following provisions apply to and in respect of the Chief Magistrate of the Local Court if he or she also holds office as a Judge— (a) service by the Chief Magistrate in the office of the Chief Magistrate (during any period for which he or she also holds office as a Judge) is, for the purposes of this Act (including section 15) and the Judges' Pensions Act 1953, taken to be service in the office of a Judge, (b) the Chief Magistrate may not hear or determine an appeal in his or her capacity as a Judge from any decision made by the Chief Magistrate in his or her capacity as a Magistrate of the Local Court, (c) nothing in this Act or any other law requires the Chief Magistrate to devote the whole of his or her time to the duties of a Judge. Note— Section 14 (5) of the Local Court Act 2007 enables a Chief Magistrate who has been appointed as a Judge to exercise the jurisdiction of the District Court while holding office as the Chief Magistrate by arrangement with the Chief Judge. (4) The Governor may, by the commission of a person's appointment as a Judge or by a subsequent commission under the public seal of the State, appoint a Judge to be Chief Judge. (5) Subject to subsection (6), the Chief Judge shall hold office as Chief Judge so long as he or she holds office as a Judge. (6) With the approval of the Governor, the Chief Judge may resign his or her office as Chief Judge without resigning his or her office as a Judge. (7) A Judge shall, while he or she holds office as such, be deemed to have been appointed a justice of the peace. (8) A person who vacates office as a Judge may, despite vacating his or her office, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before vacating his or her office (including proceedings that were instituted before the commencement of this subsection). (9) While a person completes or otherwise continues under subsection (8) to deal with any matters relating to proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge. 14 (Repealed) 15 Remuneration (1) The Judges (other than the Chief Judge) are entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975. (2) The remuneration referred to in subsection (1) and payable to a Judge shall be paid to the Judge so long as he or she continues to hold office. (3) However, a Judge is not entitled to the remuneration referred to in subsection (1) for any period for which the Judge is on leave without pay (being leave that is agreed to by the Judge). 15A The Chief Judge (1) The Chief Judge is entitled to a like style and title as that to which a Judge of the Supreme Court (other than the Chief Justice and the President of the Court of Appeal) is entitled. (2) The Chief Judge is entitled to the same remuneration as that to which a Judge of the Supreme Court (other than the Chief Justice and the President of the Court of Appeal) is entitled. 16 Vacancy in office of or absence of Chief Judge (1) Where there is a vacancy in the office of Chief Judge, or the Chief Judge is absent from duty, the senior of the other Judges willing to act as Chief Judge shall, if there is no Acting Chief Judge appointed under section 17, act as Chief Judge, and shall, while so acting, have the powers and authorities and fulfil the duties of the Chief Judge. (2) For the purposes only of subsection (1)— (a) the Judges shall have seniority between themselves according to the dates of their commissions as Judges under this Act or the District Courts Act 1912, a Judge whose commission is dated earlier than that of another Judge being senior to that other Judge, and (b) if the commissions of two or more Judges bear the same date, those Judges shall have seniority between themselves according to the seniority assigned to them by their commission or, failing any such assignment, according to the order of their being sworn. 17 Acting Chief Judge (1) The Governor may, by commission under the public seal of the State, appoint a Judge to be Acting Chief Judge during such period as the Chief Judge may be absent from duty. (1A) Unless the Governor has made an appointment under subsection (1) (and without limiting subsection (1)), the Attorney General may, by instrument in writing, appoint a Judge to be Acting Chief Judge during such period as the Chief Judge may be absent from duty. (1B) An appointment under this section may be made for a particular absence or for any absence that occurs from time to time. (2) While holding office, the Acting Chief Judge shall have the powers and authorities and fulfil the duties of the Chief Judge, and is entitled to be paid remuneration at the rate provided for the Chief Judge. (3) In this section, absent from duty includes a vacancy in the office of Chief Judge. 18 Acting Judges (1) The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge for a time not exceeding 5 years to be specified in the commission. (2) In subsection (1), qualified person means a person qualified for appointment as a Judge. (3) The person so appointed, for the time and subject to the conditions or limitations specified in the person's commission, shall have the powers and authorities and fulfil the duties of the Judge and shall, for the purposes of this or any other Act (other than the Statutory and Other Offices Remuneration Act 1975), be deemed to be a Judge. (3A) The person so appointed may, despite the expiration of the period of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period. (3AA) While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the person's appointment, the person has all the entitlements and functions of a Judge (subject to the conditions and limitations specified in the person's commission) and, for the purposes of those proceedings, is taken to continue to be a Judge. (3B) The person so appointed is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975. (3C) The remuneration payable to a person appointed under this section is to be paid— (a) so long as the person continues to hold office, or (b) until the person has completed or otherwise dealt with matters (as referred to in subsection (3A)), whichever is the later. (4) A retired Judge of the Court or of another court in New South Wales (including a retired judicial member of the Industrial Commission or the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. (4A) A person who is or has been a judge of the Federal Court of Australia or Federal Circuit and Family Court of Australia (Division 1) or of the Supreme Court, District Court or County Court of another State or Territory may be so appointed even though that person has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. (4B) A person who is or has been an associate Judge of the Supreme Court of New South Wales may be so appointed even though that person has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. (5) The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the Judges' Pensions Act 1953) by the person. (6) A person appointed under this section may be appointed under the title of Acting Judge or Associate Judge. Division 3 Rule Committee 18A Establishment of the Rule Committee There shall be a District Court Rule Committee. 18B Composition of the Rule Committee (1) The Rule Committee shall be composed of no fewer than 9 and no more than 10 members. (2) Of the members of the Rule Committee— (a) one shall be the Chief Judge, (b) six shall be Judges other than the Chief Judge, (c) one shall be a barrister, and (d) one shall be a solicitor. (3) If the Minister thinks it appropriate to do so, the Minister may, by instrument in writing, appoint as a member of the Rule Committee a person who, in the Minister's opinion, is suitably qualified to hold that position. (4) A member of the Rule Committee referred to in subsection (2) (b), (c) or (d) shall be appointed by the Chief Judge by instrument in writing. (5) Subject to this section, a member of the Rule Committee referred to in subsection (2) (b), (c) or (d) shall hold office for such period as may be specified in the member's instrument of appointment and, if otherwise qualified, is eligible for re-appointment or, as the case may be, for further re-appointment. (6) A member of the Rule Committee referred to in subsection (3) shall hold office as such only during the pleasure of the Minister. (7) A member of the Rule Committee referred to in subsection (2) ceases to hold office as such— (a) when the member ceases to hold the qualification by virtue of which the member was appointed, or (b) in the case of a member referred to in subsection (2) (b), (c) or (d), if the member resigns as such by writing under the member's hand addressed to the Chief Judge. (8) In the event of the office of any member of the Rule Committee becoming vacant, a suitably qualified person— (a) in the case of a member referred to in subsection (2) (b), (c) or (d), shall, and (b) in the case of a member referred to in subsection (3), may, subject to this section, be appointed to fill the vacancy. (9) In this section and in section 18BA— barrister has the same meaning as in the Legal Profession Uniform Law (NSW). solicitor has the same meaning as in the Legal Profession Uniform Law (NSW). 18BA Deputies for barrister and solicitor members (1) The Chief Judge may, from time to time, appoint to the Rule Committee— (a) a barrister to be the deputy of the member appointed under section 18B (2) (c), and (b) a solicitor to be the deputy of the member appointed under section 18B (2) (d), and the Chief Judge may revoke any such appointment. (2) In the absence of a member appointed under section 18B (2) (c) or (d), the member's deputy— (a) may, if available, act in the place of the member, and (b) while so acting, has the functions of the member and is taken to be the member. 18C Chairperson and deputy chairperson of Rule Committee (1) The Chief Judge shall be the chairperson of the Rule Committee and one of the other members of that Committee shall, in and by the relevant instrument of appointment as such a member or by another instrument executed by the Chief Judge, be appointed as deputy chairperson of that Committee. (2) (Repealed) 18D Meetings of the Rule Committee (1) The procedure for calling meetings of the Rule Committee and for the conduct of business at those meetings shall, subject to any procedure that is prescribed by or under this Act, be as determined by the Rule Committee. (2) Five members of the Rule Committee shall form a quorum and any duly convened meeting of the Rule Committee at which a quorum is present is competent to transact any business of the Rule Committee and shall have and may exercise all the powers, authorities, duties and functions of the Rule Committee. (3) The chairman of the Rule Committee or, in the absence of the chairman, the deputy chairman of that Committee shall preside at a meeting of that Committee. (4) In the absence from a meeting of the Rule Committee of both the chairman and the deputy chairman another member of the Rule Committee elected by the members present shall preside at the meeting. (5) The person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (6) A decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present shall be the decision of that Committee. (7) The Chief Judge shall call the first meeting of the Rule Committee in such manner as the Chief Judge thinks fit and, subject to any decision of that Committee under subsection (1), may call other meetings of that Committee as and when the Chief Judge thinks necessary. (8) The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Rule Committee for the time being, and a resolution in writing approved in writing by a majority of those members is to be taken to be a decision of the Rule Committee. 18E Secretary to the Rule Committee (1) A person may be employed in the Public Service under the Government Sector Employment Act 2013 as the Secretary to the Rule Committee. (2) The employment of a person as Secretary is subject to the prior approval of the Chief Judge. (3) A person may be employed as Secretary in conjunction with some other office or role in the Public Service, including the office of registrar. (4) The Secretary to the Rule Committee has and may exercise and discharge such powers, authorities, duties and functions as may be specified in the civil procedure rules or the criminal procedure rules or as the Rule Committee may determine. Division 4 Proclaimed places 18F Proclaimed places (1) The Governor may, by proclamation, specify places at which the Court may sit, and one of those places shall be Sydney. (2) In this section, place means city, town or other place. Division 5 Registrars Subdivision 1 Judicial Registrar 18FA Appointment and qualifications of Judicial Registrar (1) The Minister may appoint any qualified person to be the Judicial Registrar of the Court. (2) A person is qualified for appointment as the Judicial Registrar if the person is an Australian lawyer. (3) The Judicial Registrar is to devote the whole of his or her time to the office of Judicial Registrar. (4) The office of Judicial Registrar is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office. (5) The Judicial Registrar is an officer of the Court. (6) Schedule 1A has effect with respect to the Judicial Registrar. 18FB Powers of Judicial Registrar (1) The Judicial Registrar may, subject to the direction of the Chief Judge, exercise such powers of the Court as are, by or under this or any other Act, conferred on the Judicial Registrar. The Judicial Registrar constitutes the Court for the purpose of the exercise of those powers. (2) (Repealed) (3) A judgment given or an order made or a direction given by the Judicial Registrar has effect as a judgment or order or direction of the Court, whether or not the judgment, order or direction is within the powers of the Judicial Registrar. 18FC Acting Judicial Registrar (1) If there is a vacancy in the office of Judicial Registrar, or the Judicial Registrar is absent from duty, the Minister may appoint a person who is qualified for appointment as the Judicial Registrar to act in the position of Judicial Registrar for the period of the vacancy or absence from duty. (2) A person appointed under subsection (1) has, for the period of the appointment, all the entitlements, powers, authorities, functions and duties of the Judicial Registrar and, for that period, is taken to be the Judicial Registrar. Subdivision 2 Other registrars 18G Registrars (1) There shall be a registrar of the Court for each proclaimed place. (2) The Principal Registrar, and the registrar for any proclaimed place specified for the purposes of this subsection by the Minister by order published in the Gazette, may be employed in the Public Service under the Government Sector Employment Act 2013. (3) (Repealed) (4) The Minister may, by order published in the Gazette, direct that there can be 2 registrars for a particular proclaimed place, each having the functions specified in that order. (5) (Repealed) 18H Functions of registrars (1) The registrar for a proclaimed place has and may exercise— (a) in the case of an action to which the Civil Procedure Act 2005 applies, the functions conferred on the registrar pursuant to section 12 or 13 of that Act, or (b) in any other case, the functions prescribed by the civil procedure rules or the criminal procedure rules. (2) The registrar for a proclaimed place may exercise any or all of those functions in respect of that proclaimed place only. (3) The Principal Registrar may exercise any or all of those functions in respect of any place in the State. 18I Assistant registrars (1) One or more assistant registrars may be employed in the Public Service under the Government Sector Employment Act 2013 for a proclaimed place. (2), (3) (Repealed) 18J Functions of assistant registrars (1) An assistant registrar for a proclaimed place has and may exercise— (a) in the case of an action to which the Civil Procedure Act 2005 applies, the functions conferred on the assistant registrar pursuant to section 12 or 13 of that Act, or (b) in any other case, such of the registrar's functions as may be prescribed by the civil procedure rules or the criminal procedure rules. (1A) An assistant Principal Registrar may exercise any or all of the functions of the Principal Registrar in respect of any place in the State. (2) Anything done or omitted to be done by an assistant registrar for a proclaimed place in the exercise of the assistant registrar's functions under this Act shall, for the purposes of this Act, have the same effect as if it had been done or omitted by the registrar for that proclaimed place. (3) Nothing in this section affects the functions of any registrar. 18K Temporary appointment of registrars and assistant registrars (1) The Minister may, by order in writing, appoint a person to act in the office of registrar or assistant registrar during— (a) an absence from duty of the registrar or assistant registrar, or (b) a vacancy of not more than 6 months' duration in the office of the registrar or assistant registrar. (2) The Minister may delegate to the Secretary of the Department of Justice the Minister's power of appointment under this section. (3) While acting in the office of registrar or assistant registrar, a person so appointed has and may exercise all the functions of that office. (4) Any act, matter or thing done by a person while purporting to exercise a function conferred by this section is not ineffective or unlawful by reason only that either of the circumstances referred to in subsection (1) (a) or (b) did not exist when the act, matter or thing was done. (5) Any act, matter or thing done by a person while acting in the office of registrar or assistant registrar is taken to have been done by the registrar or assistant registrar, as the case requires. (6) This section does not apply to an office that is held by a registrar of the Local Court. 18L Exercise of functions by registrars, deputy registrars and other officers of the Local Court (1) A registrar of the Local Court may, subject to the civil procedure rules and criminal procedure rules, exercise the functions of a registrar of the District Court for Sydney or another proclaimed place and, when exercising those functions, is taken to be the registrar of the District Court for Sydney or the proclaimed place. (2) A deputy registrar of the Local Court may, subject to the civil procedure rules and criminal procedure rules, exercise the functions of an assistant registrar of the District Court for Sydney or another proclaimed place and, when exercising those functions, is taken to be an assistant registrar of the District Court for Sydney or the proclaimed place. (3) An officer of the Local Court may, subject to the civil procedure rules and criminal procedure rules, exercise the functions of an officer of the District Court and, when exercising those functions, is taken to be an officer of the District Court. Part 3 The civil jurisdiction of the Court Division 1 Officers and general provisions Subdivision 1 19–24 (Repealed) Subdivision 2 Sheriff 25 Sheriff and Sheriff's officers (1) The Sheriff shall have and may exercise the functions conferred or imposed on the Sheriff by this Act and the rules. (2) Unless the rules provide otherwise, the Sheriff may delegate to any Sheriff's officer any of the Sheriff's functions under this Act, except this power of delegation. (3) Subject to the rules, the Sheriff and any Sheriff's officers to whom functions are delegated shall exercise their functions under this Act in accordance with any orders and directions given by a Judge. 26–30 (Repealed) Subdivision 3 Sittings of the Court 31 (Repealed) 32 Directions as to sittings of Court in its civil jurisdiction (1) The Chief Judge may, by order in writing, direct that the Court is, during a specified calendar year, to sit in its civil jurisdiction at such proclaimed places or other places within the State and at such times as may be specified in the order. (1A) The Chief Judge is to consult with the Attorney General before making a direction under subsection (1) that substantially alters the frequency of sittings at a particular place compared with the previous calendar year. (2) If a place specified in a direction under subsection (1) is not a proclaimed place, the specified place is, for the purposes of this Act or any other law and while the direction remains in force, taken to form part of the nearest proclaimed place to the specified place. (3) Subsection (2) ceases to have effect if and when the specified place becomes a proclaimed place. (4) If the Chief Judge considers that it is not expedient or practicable for the Court to sit at a particular place— (a) the Chief Judge may, by order in writing, direct that all civil proceedings (other than proceedings before a registrar or some other officer of the Court) for which the proper place is that place are to be continued by the Court sitting at some other place specified in the order, and (b) while a direction under this subsection remains in force, the proceedings to which it relates are, if continued, to be dealt with accordingly. (5) A direction under this section may be given in respect of a particular calendar year before the commencement of that year or, in respect of the remaining portion of that year, after the commencement of that year. (6) If a direction having effect during a particular calendar year is given under subsection (1) in relation to a particular place, a previous direction under subsection (4) having effect, during that year, in respect of proceedings the proper place in relation to which is that place, ceases to have effect. 33 General provisions as to sittings (1) Subject to this Part and the rules, sittings of the Court shall be arranged by the Chief Judge. (2) Subject to this Part and the rules— (a) the Court may sit simultaneously at different sitting places, (b) a Judge shall preside at such sittings of the Court at such sitting places as the Chief Judge may from time to time direct, and (c) two or more Judges may preside simultaneously at separate sittings of the Court at the one sitting place. (3) (Repealed) 34 Permanent substitution of proclaimed place (1) Where a place ceases to be a proclaimed place by reason of the revocation or amendment of a proclamation made under section 18F, the Governor may, by proclamation, direct that— (a) all proceedings (including proceedings before a registrar or any other officer of the Court) pending before the Court at that place, and (b) any unsatisfied judgment or order of the Court in proceedings the proper place in relation to which was that place, may be continued or enforced by the Court sitting at such other place as may be specified in the proclamation, and the proceedings shall, if continued, be continued accordingly or the judgment or order enforced accordingly, as the case may require. (2) The Governor may, in any such proclamation, direct that the records of the Court at the place that has so ceased to be a proclaimed place shall be removed at or within a time stated in the proclamation to the registry for the other place specified therein. (3) A direction under subsection (1) shall, for the purposes of the definition of proper place in section 4 (1), have effect as if it were an order for a change of venue under rules of Court in respect of the proceedings to which it relates to the other place specified in the proclamation. 35–38 (Repealed) 39 Proper place not affected Nothing contained in or done under section 32 or under the rules has, for the purposes of the definition of proper place in section 4 (1), effect as a change of venue, unless the Court orders a change of venue under rules of court. Subdivisions 4–6 40–43 (Repealed) Division 2 Actions: jurisdiction Subdivision 1 General jurisdiction in relation to actions 44 Actions (1) Subject to this Act, the Court has jurisdiction to hear and dispose of the following actions— (a) any action of a kind— (i) which, if brought in the Supreme Court, would be assigned to the Common Law Division of that Court, and (ii) in which the amount (if any) claimed does not exceed the Court's jurisdictional limit, whether on a balance of account or after an admitted set-off or otherwise, other than an action referred to in paragraph (d) or (e), (b) (Repealed) (c) any action brought to recover an amount not exceeding $20,000, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will, (c1) subject to paragraph (c), any action arising out of a commercial transaction in which the amount (if any) claimed does not exceed the Court's jurisdictional limit, whether on a balance of account or after an admitted set-off or otherwise, (d) any motor accident claim, irrespective of the amount claimed, (d1) any work injury damages claim, irrespective of the amount claimed, (d2) any substituted proceedings within the meaning of Part 3A of the Civil and Administrative Tribunal Act 2013, so long as the amount (if any) claimed does not exceed the Court's jurisdictional limit, (d3) without limiting paragraphs (d) and (d1), any substituted proceedings within the meaning of Division 3.2 of the Personal Injury Commission Act 2020 irrespective of the amount claimed, (e) any proceedings transferred to the Court under section 146 (1) of the Civil Procedure Act 2005, irrespective of the amount (if any) claimed in those proceedings. (2) Where the amount claimed in an action includes interest (being interest which the Court could, under section 100 (1) of the Civil Procedure Act 2005, order to be included in the amount for which it could give judgment), that interest shall be disregarded for the purposes of— (a) determining whether the maximum amount for which the action is authorised by this Act to be brought has been exceeded or not, and (b) determining whether or not the Court has jurisdiction to hear and dispose of the action. (3) Where— (a) an amendment to subsection (1) which is enacted after, or was enacted before the commencement of Schedule 3 to the District Court (Procedure) Amendment Act 1984 has or had the effect of increasing the amount specified in paragraph (a) or (b) of that subsection, and (b) an action in which an amount of money is claimed is pending at the time when the amendment has effect or, as the case may be, an action in which an amount of money is claimed was pending at the time when the amendment had effect and has not been finally determined, the Court may, on the application of the claimant, make an order altering the amount specified in the claim to an amount not exceeding that specified in paragraph (a) or (b) of that subsection, as in force immediately after the amendment has or had effect. 45 (Repealed) 46 Ancillary equitable relief: injunctions (1) Without affecting the generality of Division 8, the Court shall, in any action, have power to grant any injunction (whether interlocutory or otherwise) which the Supreme Court might have granted if the action were proceedings in the Supreme Court. (2) In relation to the power of the Court to grant an injunction under this section— (a) the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances, (b) the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge— (i) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and (ii) any duty imposed on the officer by the rules or by any order of the Court, (c) the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and (d) without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure of the Court referred to in paragraph (c) shall, subject to the rules, extend to the enforcement of any order of the Court made in connection with proceedings for the grant of the injunction. (3) Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to— (a) the procedure to be followed with respect to the granting and enforcing of an injunction under this section, and (b) any other matter necessary or convenient for giving effect to this section. 47 Cause of action or defendant outside the State (1) If a defendant has been duly served with the document commencing an action— (a) the Court has jurisdiction in accordance with this Act to hear and dispose of the action, and (b) a registrar has and may exercise— (i) if the action involves proceedings to which the Civil Procedure Act 2005 applies, the functions conferred on the registrar pursuant to section 12 or 13 of that Act, or (ii) in any other case, the functions prescribed by the civil procedure rules, regardless of whether the cause of action to which the action relates arose wholly or partly outside New South Wales. (2) For the purposes of subsection (1), it is immaterial whether the defendant was within or outside New South Wales— (a) at the time the cause of action arose, or (b) at the time of service of the document commencing the action. (3) For the purposes of this section, a defendant is duly served with a document commencing an action if the defendant is served with the document by or under this Act or in accordance with the Service and Execution of Process Act 1992 of the Commonwealth. (4) In this section, defendant includes, if there are two or more defendants, any one of those defendants. 48 Miscellaneous limitations on jurisdiction (1) An action in which the amount claimed does not exceed $4,000 and which could have been commenced in the Local Court shall not be commenced in the District Court except with the leave of the District Court, which leave may be given on terms. (2) Subject to subsection (3), the Court shall not have jurisdiction in an action in which title to land the value of which is more than the Court's jurisdictional limit is in question. (3) If the title to land the value of which is more than the Court's jurisdictional limit incidentally comes in question in an action, the Court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the Court shall not be evidence of title between the parties or their privies in other proceedings in the Court or in any proceedings in any other court. (4) Without affecting Division 8, the Court shall not have jurisdiction in actions for possession of land by virtue of this Part. Subdivision 2 49, 50 (Repealed) Subdivision 3 Jurisdiction by consent 51 Consent jurisdiction (1) This section applies to an action or cross-claim that, but for this section, the Court would not have jurisdiction to hear and dispose of by reason only of the fact that the amount claimed exceeds the jurisdictional limit of the Court as at the time the action was commenced. (2) The Court has, and may exercise, jurisdiction to hear and dispose of an action or cross-claim to which this section applies— (a) if a party to the action or cross-claim files a memorandum of consent in respect of the action or cross-claim, or (b) if no objection to the Court's jurisdiction has been raised by any of the parties prior to 3 months before the trial of the action commences. (3) For the purposes of subsection (1)— (a) the jurisdictional limit of the Court in relation to an action commenced before 1 July 1993 is taken to be $100,000, and (b) the jurisdictional limit of the Court in relation to an action commenced on or after 1 July 1993 but before 18 July 1997 is taken to be $250,000, and (c) the jurisdictional limit of the Court in relation to an action commenced on or after 18 July 1997 but before 16 December 2022 is taken to be $750,000. (4) The maximum amount for which judgment may be given in relation to an action or cross-claim that is dealt with pursuant to subsection (2) (b) is an amount equivalent to 50 per cent above the jurisdictional limit of the Court as at the time the action was commenced. (5) This section does not apply in relation to an action referred to in section 44 (1) (c). (6) Nothing in this section limits the operation of section 140 of the Civil Procedure Act 2005. (7) In this section, memorandum of consent in relation to an action or cross-claim means a document signed by each party to the action or cross-claim, or the party's Australian legal practitioner, in which it is stated that each of those parties consents to the action or cross-claim being tried in the Court and is aware that, unless the document is filed, the Court will not have jurisdiction to dispose of the action or cross-claim. Division 3 Actions: procedure Subdivisions 1–7 52–70 (Repealed) Subdivision 8 Trial and jury 71–75 (Repealed) 76 Amount recoverable (1) Where in an action commenced before the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at— (a) an amount in excess of $10,000 but not in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover— (i) the full amount of the verdict, or (ii) the total amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, as the case may be, or (b) an amount in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover— (i) the amount of $15,000, or (ii) the amount of $15,000 reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, as the case may be. (2) Where in an action commenced after the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at, an amount in excess of the amount for which the action was authorised by this Act to be brought, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover— (a) the maximum amount for which the action was authorised by this Act to be brought, or (b) that amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, as the case may be. 76A Action to be tried without jury unless jury required in interests of justice (1) An action is to be tried without a jury, unless the Court orders otherwise. (2) The Court may make an order under subsection (1) that an action is to be tried with a jury if— (a) any party to the action— (i) files, within the prescribed time, a requisition for trial with a jury, and (ii) pays the fee prescribed by the regulations made under section 18 of the Civil Procedure Act 2005, and (b) the Court is satisfied that the interests of justice require that the action be tried by a jury. (3) A fee paid under this section is to be treated as costs in the action, unless the Court orders otherwise. (4) This section does not apply to any action for defamation. Note— Section 21 of the Defamation Act 2005 makes provision for jury trials in defamation actions. 76B (Repealed) 77 Questions of fact and law (1) In an action the Judge shall determine all questions of law. (2) In an action the Judge shall, subject to subsection (5), determine all questions of fact unless a jury has been summoned. (3), (4) (Repealed) (5) In any proceedings in which the Court has ordered a jury be summoned, the following questions of fact must be tried without the jury— (a) questions of fact on a defence arising under section 63 (5) or 64 (1) (c) of the Workers' Compensation Act 1926 or section 151Z (1) (e) of the Workers Compensation Act 1987, (b) any other question of fact ordered by the Court. 78–79A (Repealed) 80 Special verdict It shall be the duty of a jury to answer any question of fact that may be left to the jury by the presiding Judge at the trial of an action. Subdivision 9 Judgments and orders 80A (Repealed) 81 Judgment final Subject to this or any other Act, a judgment in an action shall, unless set aside in accordance with this Act, be final and conclusive between the parties to the action. 82–83AA (Repealed) Subdivision 10 83B–83D (Repealed) Divisions 4–6 84–124 (Repealed) Division 7 Actions: new trial and appeal 125 Definition In this Division, action includes interpleader action. 126 Order of the Court for new trial (1) The Court in its discretion may, after judgment in an action, order that a new trial of the action be had if— (a) the parties to the action consent, or (b) the action is tried with a jury and on the day on which the jury gives its verdict in the action a party to the action— (i) in the presence of the other party, or (ii) in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party, makes application for the order, or (c) the action is tried without a jury and a party to the action— (i) in the presence of the other party and on the day on which judgment in the action is given, or (ii) in the absence of the other party but after such notice as the Court thinks reasonable has been given to the other party and, in any case, within 21 days after judgment in the action is given, makes application for the order. (2) The Court may, before judgment in an action and if no verdict in the action has been entered, order, on sufficient cause being shown, that the hearing of the action be discontinued and that a new trial be had. (3) This section does not limit the operation of section 127A. 127 Right of appeal to Supreme Court (1) A party who is dissatisfied with a Judge's or a Judicial Registrar's judgment or order in an action may appeal to the Supreme Court. (2) The following appeals lie only by leave of the Supreme Court— (a) an appeal from an interlocutory judgment or order, (b) an appeal from a judgment or order as to costs only, (c) an appeal from a final judgment or order, other than an appeal— (i) that involves a matter at issue amounting to or of the value of $100,000 or more, or (ii) that involves (directly or indirectly) any claim, demand or question to or respecting any property or civil right amounting to or of the value of $100,000 or more, (d) an appeal from a judgment or order on an application for summary judgment under the rules, (e) an appeal from an order made with the consent of the parties. (3) In any other case, an appeal lies as of right. 127A Appeal after jury trial (1) Where, in any proceedings in the Court, there is a trial of the proceedings or of any issue in the proceedings with a jury, an application for— (a) the setting aside of a verdict or judgment, or (b) a new trial, or (c) the alteration of a verdict by increasing or reducing any amount of debt, damages or other money, shall be by appeal to the Supreme Court. (2) An appeal under this section lies as of right. 128 Stay of proceedings on appeal to Supreme Court (1) This section applies if, after judgment in an action, the Court orders that proceedings be stayed during the period within which an appeal may be brought. (2) If during that period— (a) an appeal is brought in respect of proceedings that have been stayed, and (b) security is given to the satisfaction of the registrar for the amount of the judgment debt (if any) payable by the appellant, including an amount assessed by the registrar in respect of any costs forming part of the judgment debt, the stay of proceedings is to continue until the appeal is disposed of or until the Court or the Supreme Court otherwise orders. (3) An appeal does not operate to stay proceedings in any other way. (4) This section does not affect the operation of section 156 (1). 129 Agreement not to appeal An appeal shall not lie to the Supreme Court from any ruling, order, direction or decision if before the ruling, order, direction or decision is pronounced the parties agree in writing, signed by themselves or their Australian legal practitioner, that the ruling, order, direction or decision shall be final. 130, 131 (Repealed) Division 8 Miscellaneous jurisdiction Subdivision 1 General 132 Non-application of Divs 2–7 Subject to this Act and the rules, nothing in Divisions 2 to 7 (inclusive) applies to or in respect of any proceedings under this Division. Subdivision 2 Possession of land, equity and other proceedings 133 Jurisdiction in proceedings for possession of land (1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for possession of land the value of which does not exceed $20,000, as determined by the Court. (2) Nothing in subsection (1) applies in respect of proceedings under the Landlord and Tenant Act 1899. 134 Jurisdiction in equity proceedings (1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for— (a) the foreclosure or redemption of a mortgage or the enforcing of any charge or lien where the amount owing in respect of the mortgage, charge or lien does not exceed $100,000, as determined by the Court, (b) the specific performance, rectification, delivery up or cancellation of any agreement for— (i) the sale or purchase of any property at a price not exceeding $100,000, or (ii) the lease of any property the value of which does not exceed $100,000, as determined by the Court, (c) an order under section 3 of the Testator's Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or a family provision order under Chapter 3 of the Succession Act 2006, (d) relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed $100,000 in amount or value, as determined by the Court, (e) the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed $100,000 in amount or value, as determined by the Court, or (f) the administration of the estate of a deceased person, where the estate does not exceed $100,000 in amount or value, as determined by the Court, or (g) any application under the Property (Relationships) Act 1984, or (h) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which any other paragraph of this subsection applies), in an amount not exceeding the Court's jurisdictional limit. (2) In any proceedings pursuant to subsection (1) (c), the Court shall not have power to make an order for provision under the Testator's Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or Chapter 3 of the Succession Act 2006 that will or may result in the amount of provision so made exceeding $250,000. (3) In any proceedings pursuant to subsection (1) (g), the Court has no power to make an order for financial adjustment under Part 3 of the Property (Relationships) Act 1984 that will or may result in the amount of the adjustment so made exceeding $250,000. 134A Frustrated contracts The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings under Division 4 of Part 3 of the Frustrated Contracts Act 1978 where the claim does not exceed the Court's jurisdictional limit in amount or value, as determined by the Court. 134B Jurisdiction in proceedings for review of contracts (1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings in which relief under the Contracts Review Act 1980 is sought, where the amount or value of the consideration that has passed or would, if the contract were fully executed, pass from one contracting party to another does not exceed the amount for the time being specified in section 44 (1) (a), as determined by the Court. (2) Subsection (1) does not authorise the Court to exercise the powers conferred by section 10 of the Contracts Review Act 1980. 135 Jurisdiction in proceedings under the Fair Trading Act 1987 The Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in any proceedings in which relief is sought under the Fair Trading Act 1987 and where the amount of the claim concerned does not exceed the amount for the time being specified in section 44 (1) (a). 136 (Repealed) 137 Powers of the Court under this Subdivision In relation to proceedings under this Subdivision— (a) the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances, (b) the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge— (i) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and (ii) any duty imposed on the officer by the rules or by any order of the Court, (c) the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and (d) without