DISTRICT COURT ACT 1973

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

- As at 14 July 2023
- Act 9 of 1973

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Name of Act
2. Commencement
3. (Repealed)
4. Definitions: general
5. Definition: nearest proclaimed place
6. Order on terms
7. Application of certain provisions of this Act

PART 2 - THE DISTRICT COURT OF NEW SOUTH WALES

Division 1 - Establishment of the Court

8. The Court
9. Jurisdiction of the Court generally
10. State-wide jurisdiction
11. Single Judge to constitute the Court

Division 2 - Judges

12. Composition of the Court
13. Appointment and qualifications of Judges
14. (Repealed)
15. Remuneration
15A. The Chief Judge
16. Vacancy in office of or absence of Chief Judge
17. Acting Chief Judge
18. Acting Judges

Division 3 - Rule Committee

18A. Establishment of the Rule Committee
18B. Composition of the Rule Committee
18BA. Deputies for barrister and solicitor members
18C. Chairperson and deputy chairperson of Rule Committee
18D. Meetings of the Rule Committee
18E. Secretary to the Rule Committee

Division 4 - Proclaimed places

18F. Proclaimed places

Division 5 - Registrars

Subdivision 1 - Judicial Registrar

18FA. Appointment and qualifications of Judicial Registrar
18FB. Powers of Judicial Registrar
18FC. Acting Judicial Registrar

Subdivision 2 - Other registrars

18G. Registrars
18H. Functions of registrars
18I. Assistant registrars
18J. Functions of assistant registrars
18K. Temporary appointment of registrars and assistant registrars
18L. Exercise of functions by registrars, deputy registrars and other officers of the Local Court

PART 3 - THE CIVIL JURISDICTION OF THE COURT

Division 1 - Officers and general provisions

Subdivision 1 - (Repealed)
None

Subdivision 2 - Sheriff

25. Sheriff and Sheriff's officers
26-30. (Repealed)

Subdivision 3 - Sittings of the Court

31. (Repealed)
32. Directions as to sittings of Court in its civil jurisdiction
33. General provisions as to sittings
34. Permanent substitution of proclaimed place
35-38. (Repealed)
39. Proper place not affected

Subdivisions 4-6 - (Repealed)
None

Division 2 - Actions: jurisdiction

Subdivision 1 - General jurisdiction in relation to actions

44. Actions
45. (Repealed)
46. Ancillary equitable relief: injunctions
47. Cause of action or defendant outside the State
48. Miscellaneous limitations on jurisdiction

Subdivision 2 - (Repealed)
None

Subdivision 3 - Jurisdiction by consent

51. Consent jurisdiction

Division 3 - Actions: procedure

Subdivisions 1-7 - (Repealed)
None

Subdivision 8 - Trial and jury

71-75. (Repealed)
76. Amount recoverable
76A. Action to be tried without jury unless jury required in interests of justice
76B. (Repealed)
77. Questions of fact and law
78-79A. (Repealed)
80. Special verdict

Subdivision 9 - Judgments and orders

80A. (Repealed)
81. Judgment final
82-83AA. (Repealed)

Subdivision 10 - (Repealed)
None
Divisions 4-6 - (Repealed)
None

Division 7 - Actions: new trial and appeal

125. Definition
126. Order of the Court for new trial
127. Right of appeal to Supreme Court
127A. Appeal after jury trial
128. Stay of proceedings on appeal to Supreme Court
129. Agreement not to appeal
130, 131. (Repealed)

Division 8 - Miscellaneous jurisdiction

Subdivision 1 - General

132. Non-application of Divs 2-7

Subdivision 2 - Possession of land, equity and other proceedings

133. Jurisdiction in proceedings for possession of land
134. Jurisdiction in equity proceedings
134A. Frustrated contracts
134B. Jurisdiction in proceedings for review of contracts
135. Jurisdiction in proceedings under the Fair Trading Act 1987
136. (Repealed)
137. Powers of the Court under this Subdivision
138. Rules
139. Appeal

Subdivision 3 - Temporary injunctions

140. Temporary injunctions
141. Powers of Court under this Subdivision
142. Rules

Subdivision 4 - Special civil jurisdiction

142A. Definitions
142B. Special civil jurisdiction of Court
142C. References to Courts of Quarter Sessions in relation to the exercise by the District Court of its special jurisdiction
142D. Judges exercising special civil jurisdiction
142E. Powers of registrar in relation to exercise by the Court of its special civil jurisdiction
142F. Rules in relation to hearing etc of proceedings in the Court in its special civil jurisdiction

Division 8A - Compensation jurisdiction of Court

Subdivision 1 - General

142G. Definition
142H. Non-application of other Divisions

Subdivision 2 - Exercise of compensation jurisdiction

142I. (Repealed)
142J. Decisions of Court when exercising compensation jurisdiction
142K. Costs under other Acts
142L. Special provision for evidence of exposure to noise

Subdivision 3 - Appeals

142M. Definition
142N. Appeal to Court of Appeal on question of law

Subdivision 4 - Stay of proceedings

142O. Stay of proceedings

Subdivision 5 - Miscellaneous

142P. Liaison with State Insurance Regulatory Authority
Divisions 9, 9A - (Repealed)
None

Division 10 - Miscellaneous provisions

149. Costs where no jurisdiction
150. Regulations: Court fees
151. Fees form part of Consolidated Fund
152. Unclaimed money
153. Proceedings for offences
154. Offences by corporations
155. Civil remedy not affected by proceedings for an offence
156. General power of Court to stay proceedings
157-160. (Repealed)

Division 11 - Rules

161. Civil procedure rules

PART 3A - (Repealed)
None

PART 4 - THE CRIMINAL JURISDICTION OF THE COURT

165. Definition
166. Criminal jurisdiction of the Court
167. Abolition of Courts of Quarter Sessions
168. References to Courts of Quarter Sessions
169. Judges
170. (Repealed)
171. Criminal procedure rules
171A-171C. (Repealed)
171D. Practice and procedure of Supreme Court to be followed unless other provision made
172. (Repealed)
173. Directions as to sittings of Court in its criminal jurisdiction
174. General provisions as to sittings
175. Hearing of appeals
176. No proceedings in the nature of certiorari

PART 5 - BROADCAST OF JUDGMENTS

177. Application of Part
178. Interpretation
179. Presumption in favour of permitting recording and broadcast of judgment remarks

PART 6 - REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

Division 1 - General

180. Repeals
181. (Repealed)
182. Non-revivor
183. References to "appointed place"
183A. Provision consequent on enactment of Courts Legislation Further Amendment Act 1995
183B. Provisions consequent on enactment of Courts Legislation Amendment Act 1997
183C. Provisions consequent on enactment of Courts Legislation Further Amendment Act 1997
183D. Provision consequent on enactment of other amendments

Division 2 - The civil jurisdiction of the Court

184. Definitions
185. Savings as to places, sittings, Judges and officers etc
186. Pending proceedings etc
187. References to District Court in existing instruments
188. References to District Court judges in existing instruments
189. References to registrars and bailiffs in existing instruments
190. References to writs etc in existing instruments
191. Provisions as to practice and procedure in existing instruments

Division 3 - The criminal and special jurisdiction of the Court

192. Definitions
193. (Repealed)
194. Pending proceedings etc

PART 7 - GENERAL PROVISIONS

195. Order to Judge or officer
196. Privilege
197. Proclamations
198. (Repealed)
199. Contempt
200. Fines under sec 199
200A. Disrespectful behaviour in Court
201. Appeals respecting contempt proceedings
202. Stay of contempt proceedings
203. Power to refer allegation etc of contempt to Supreme Court
SCHEDULE 1
SCHEDULE 1A
Schedule 2 (Repealed)
SCHEDULE 3

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback