New South Wales Consolidated Acts

LOCAL COURT ACT 2007 - SECT 42

42 Rules in civil jurisdiction

(cf LCA 1982, section 79)

(1) The rules may make provision for or with respect to the following matters relating to the civil jurisdiction of the Court--

(a) the practice and procedure in the Court and in proceedings before a registrar,

(b) the transfer of proceedings between the Small Claims Division and the General Division,

(c) the referral of matters to Community Justice Centres for mediation under the Community Justice Centres Act 1983 ,

(d) the functions of registrars,

(e) the filing and serving of notices under this Act,

(f) the times for doing any matter or thing for the purposes of this Part,

(g) the excusal of non-compliance with the rules,

(h) costs in relation to proceedings in the Court's Small Claims Division,

(i) the manner of doing any matter or thing for the purposes of this Part.

(2) This section does not give power to make rules with respect to any matter relating to costs that is regulated by the legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ).

(3) This section does not give power to make rules in terms inconsistent with those of the uniform rules under the Civil Procedure Act 2005 unless the uniform rules expressly permit rules under this section to be made in those terms.

(4) The rules made under this section may authorise or require the use of an ECM system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in the Court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.