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This is a Bill, not an Act. For current law, see the Acts databases.
House of
As received from the Legislative Council and read a first
time,
Statutes
Amendment (New Rules of Civil Procedure) Bill 2006
A Bill For
An
Act to amend the Supreme Court Act 1935, the District Court
Act 1991 and the Magistrates Court Act 1991 to make
certain procedural changes, and changes in terminology, that have become
desirable in the light of the proposed new rules of civil procedure for the
Supreme Court and the District Court; and to make related amendments to various
other Acts.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Supreme
Court Act 1935
4 Amendment of section 5—Interpretation
5 Amendment of section 21—Equities of
plaintiff
6 Amendment of section 22—Equitable
defences
7 Amendment of section 23—Counter-claims
and third parties
8 Amendment of section 39—Vexatious
proceedings
9 Amendment of section 48—Jurisdiction
of Full Court, single judge and master
10 Amendment of section 49—Questions of
law reserved for
11 Substitution of section 50
50 Appeals
12 Repeal of section 51
13 Amendment of section 62E—Reference of
matters involving question of valuation
14 Amendment of section 72—Rules of court
15 Section 117—Orders to bring prisoners
for examination
Part 3—Amendment of District
Court Act 1991
16 Amendment of section 43—Right of
appeal
17 Amendment of section 51—Rules of Court
Part 4—Amendment of
18 Amendment of section 40—Right of
appeal
19 Amendment of section 49—Rules of Court
Part 5—Amendment of Administration
and Probate Act 1919
20 Amendment of section 18—Administration
guarantees may be required before administration sealed
21 Amendment of section 25—Order to
produce any instrument purporting to be testamentary
22 Amendment of section 31—Administration
guarantees
23 Amendment of section 39—On return of
original executor or administrator, special administration to be rescinded
24 Amendment of section 47—Court may make
special orders as to management of undevised lands
25 Amendment of section 56A—Court may
order delivery of statement and account
26 Amendment of section 60—Filing of
declaration that estate insufficient to pay debts
27 Amendment of section 63—Court may
order sale of infant's property
28 Amendment of section 64—Court may give
permission to postpone realisation or carry on business
29 Amendment of section 67—Judge may
dispense wholly or partially with compliance with section 65
30 Amendment of section 69—Public trustee
and other persons may obtain judicial advice or direction
Part 6—Amendment of Aged
and Infirm Persons' Property Act 1940
31 Amendment of section 6—Procedure where
case not provided for
32 Amendment of section 8A—Protection
order on court's own initiative
33 Amendment of section 22—Proceedings
34 Amendment of section 24—Application to
court by Public Trustee
35 Amendment of section 33—Application
for order to perpetuate testimony
36 Amendment of section 34—Attendance at
examination
37 Amendment of section 36—Discontinuance
of proceedings
38 Amendment of section 39—Deposit of
depositions and will or codicil
Part 7—Amendment of
39 Amendment of section 20—Mining
operations on the lands
Part 8—Amendment of ASER
(Restructure) Act 1997
40 Amendment of section 25—Appointment of
administrator
Part 9—Amendment of Associations
Incorporation Act 1985
41 Amendment of section 41—Winding up of
incorporated associations
42 Amendment of section 61—Oppressive or
unreasonable acts
Part 10—Amendment of Authorised
Betting Operations Act 2000
43 Amendment of section 78—Finality of
Authority's decisions
44 Amendment of section 85—Reasons for
decision
Part 11—Amendment of Bail
Act 1985
45 Amendment of section 6—Nature of bail
agreement
46 Amendment of section 15A—Review of
magistrate's decision by Supreme Court
47 Amendment of section 19—Estreatment
Part 12—Amendment of Business
Names Act 1996
48 Amendment of section 17—Certain
convicted offenders not to use business names
49 Amendment of section 26—Power of court
to require compliance with Act
Part 13—Amendment of Casino
Act 1997
50 Amendment of section 66—Finality of
Authority's decisions
51 Amendment of section 68—Reasons for
decision
Part 14—Amendment of Child
Protection Review (Powers and Immunities) Act 2002
52 Amendment of section 5—Confidentiality
and disclosure of information
Part 15—Amendment of Children's
Protection Act 1993
53 Amendment of section 13—Confidentiality
of notification of abuse or neglect
Part 16—Amendment of Commercial
Arbitration Act 1986
54 Amendment of section 3—Repeal, transitional
and application provisions
55 Amendment of section 4—Interpretation
56 Amendment of section 33—Enforcement of
award
57 Amendment of section 38—Judicial
review of awards
58 Amendment of section 39—Determination
of preliminary point of law by Supreme Court
59 Amendment of section 40—Exclusion
agreements affecting rights under sections 38 and 39
60 Amendment of section 53—Relationship
between judicial and arbitral powers
61 Repeal of Schedule
Part 17—Amendment of Commission
of Inquiry (Children in State Care) Act 2004
62 Amendment of section 15—Further
provision relating to mandatory notification
Part 18—Amendment of Community
Titles Act 1996
63 Amendment of section 142—Resolution of
disputes etc
64 Amendment of Schedule—Transitional
provisions
Part 19—Amendment of Co-operatives
Act 1997
65 Amendment of section 92—Changes to
rules
66 Amendment of section 94—Bringing, or
intervening in, proceedings on behalf of a co-operative
67 Amendment of section 95—Applying for
and granting permission
68 Amendment of section 96—Substitution
of another person for the person granted permission
69 Amendment of section 97—Effect of
ratification by members
70 Amendment of section 98—Permission to
continue, compromise or settle proceedings brought, or intervened in, with permission
71 Amendment of section 99—General powers
of Supreme Court
72 Amendment of section 100—Power of
Supreme Court to make costs order
73 Amendment of section 209—Disqualified
persons
74 Amendment of section 325—Stay of
proceedings
75 Amendment of section 338—Persons
disqualified from administering compromise
76 Amendment of section 342—Power of
Supreme Court to restrain further proceedings
77 Amendment of Schedule 3—Registration
etc of charges
78 Amendment of Schedule 4—Receivers, and
other controllers, of property of co-operatives
Part 20—Amendment of Correctional
Services Act 1982
79 Amendment of section 45—Procedure at
inquiries under this Division
Part 21—Amendment of Criminal
Assets Confiscation Act 2005
80 Amendment of section 36—Application to
exclude property from a restraining order after notice of the order
81 Amendment of section 40—Ancillary
orders
82 Amendment of section 49—Additional
application for a forfeiture order
83 Amendment of section 60—Applying for
exclusion orders
84 Amendment of section 62—Applying for
compensation orders
85 Amendment of section 80—Applying for
orders under sections 78 and 79
86 Amendment of section 91—When the Crown
can begin dealing with property specified in a forfeiture order
87 Amendment of section 92—When the Crown
can begin dealing with property forfeited under section 74
88 Amendment of section 96—Additional
application for a pecuniary penalty order
Part 22—Amendment of Criminal
Law Consolidation Act 1935
89 Amendment of section 246—Confidentiality
of jury deliberations and identities
90 Amendment of section 269Y—Appeals
91 Amendment of section 281—Objections to
informations, amendments and postponement of trial
92 Amendment of section 285C—Notice of
certain evidence to be given
93 Substitution of heading to Part 11
94 Substitution of section 350
350 Reservation of relevant questions
95 Amendment of section 352—Right of
appeal in criminal cases
96 Amendment of section 355—Revesting and
restitution of property on conviction
97 Amendment of section 357—Appeal to
98 Amendment of section 361—Right of
appellant to be present
99 Amendment of section 364—Admission of
appellant to bail and custody when attending Court
100 Amendment of section 366—Notes of
evidence on trial
101 Amendment of section 367—Powers that may
be exercised by a judge of the Court
Part 23—Amendment of Criminal
Law (Sentencing) Act 1988
102 Amendment of section 70I—Court may remit
or reduce pecuniary sum or make substitute orders
Part 24—Amendment of Crown
Proceedings Act 1992
103 Amendment of section 9—Right of
Attorney-General to appear in proceedings
104 Amendment of section 14—Permission to
issue certain subpoenas etc
Part 25—Amendment of Crown
Rates and Taxes Recovery Act 1945
105 Amendment of section 14—Application of
purchase money
Part 26—Amendment of Dental
Practice Act 2001
106 Amendment of section 63—Powers of
Tribunal
Part 27—Amendment of Development
Act 1993
107 Amendment of section 85—Applications to
Court
Part 28—Amendment of Domestic
Violence Act 1994
108 Amendment of section 12—Variation or
revocation of domestic violence restraining order
109 Amendment of section 16—Complaints or
applications on behalf of child
Part 29—Amendment of Environment
Protection Act 1993
110 Amendment of section 104—Civil remedies
Part 30—Amendment of Environment,
Resources and Development Court Act 1993
111 Amendment of section 17—Parties
112 Amendment of section 30—Right of appeal
Part 31—Amendment of Evidence
Act 1929
113 Amendment of section 27—How far a party
may discredit his or her own witness
114 Amendment of section 34I—Evidence in
sexual cases
115 Amendment of section 34K—Admissibility
of depositions at trial
116 Amendment of section 60—Sufficiency of
notice of action
117 Amendment of section 67F—Evidence of
protected communications
118 Amendment of section 69A—Suppression
orders
Part 32—Amendment of Fair
Trading Act 1987
119 Amendment of section 86—Sequestration
orders
120 Amendment of section 88—Defences
Part 33—Amendment of Fair
Work Act 1994
121 Amendment of section 153—Intervention
122 Amendment of section 171—Service
123 Amendment of section 191—Appeal to
Supreme Court
124 Amendment of section 203—Representation
at voluntary or compulsory conference
125 Amendment of section 207—Right of appeal
Part 34—Amendment of Family
and Community Services Act 1972
126 Amendment of section 112—Provision for
blood tests
127 Amendment of section 157—Attachment may
be pleaded
Part 35—Amendment of Food
Act 2001
128 Amendment of section 104—Power of court
to order further analysis
Part 36—Amendment of Foreign
Judgments Act 1971
129 Amendment of section 7—Registration of
judgment
Part 37—Amendment of Freedom
of Information Act 1991
130 Amendment of section 40—Appeal to
District Court
Part 38—Amendment of Guardianship
and Administration Act 1993
131 Amendment of section 14—Powers and
procedures of Board
132 Amendment of section 39—Powers and
duties of administrator
133 Substitution of heading to Part 6
134 Substitution of heading to Part 6
Division 1
135 Amendment of section 65—Question of law
may be referred to Supreme Court
136 Amendment of section 67—Appeal from
decisions of Board
137 Amendment of section 70—Appeals from
decisions of ADD
138 Amendment of section 71—Method of
conducting appeal
139 Amendment of section 73—Representation
on appeals
140 Amendment of section 74—Board may give
advice, direction or approval
Part 39—Amendment of Heritage
Places Act 1993
141 Amendment of section 38A—ERD Court
orders
Part 40—Amendment of Housing
Improvement Act 1940
142 Amendment of section 71—Dispossession of
occupiers failing to vacate premises when required to do so
Part 41—Amendment of Juries
Act 1927
143 Amendment of section 60A—Jury may
consist of men or women only
Part 42—Amendment of Jurisdiction
of Courts (Cross-vesting) Act 1987
144 Amendment of section 5—Transfer of
proceedings
145 Amendment of section 8—Orders by Supreme
Court
146 Amendment of section 10—Transfer of
matters arising under Division 1 or 1A of Part V of Trade Practices Act
(Commonwealth)
Part 43—Amendment of Landlord
and Tenant Act 1936
147 Amendment of section 9—Relief against
forfeiture for non-payment of rent
148 Amendment of section 21—Duty of landlord
after being served with declaration
149 Amendment of section 32—Distress may be
secured and sold on premises
150 Amendment of section 37—Double damages
against wrongful distrainer
151 Amendment of section 39—Damages or pound
breach or rescue
Part 44—Amendment of Law of
Property Act 1936
152 Amendment of section 49—Conveyance on
sale
153 Amendment of section 66—Right of
recovering apportioned parts
154 Amendment of section 114—Power of Court
to sell interest of Crown in real estate
Part 45—Amendment of Legal
Practitioners Act 1981
155 Amendment of section 84—Powers of Tribunal
156 Amendment of section 89A—Court may order
interim suspension of legal practitioner or impose interim conditions
157 Amendment of section 93—Power of Court
to strike off notary's name
Part 46—Amendment of Liquor
Licensing Act 1997
158 Amendment of section 20—Representation
159 Amendment of section 25—Representation
160 Amendment of section 27—Appeal from
orders and decisions of the Court
161 Amendment of section 28—Reference of
question of law
Part 47—Amendment of Local
Government (Elections) Act 1999
162 Substitution of section 77
77 Reference of question of law
Part 48—Amendment of Lottery
and Gaming Act 1936
163 Amendment of section 92—Receiving money
for betting
Part 49—Amendment of
164 Amendment of section 21—Mining
operations on the lands
Part 50—Amendment of Medical
Practice Act 2004
165 Amendment of section 60—Powers of
Tribunal
Part 51—Amendment of Mines
and Works Inspection Act 1920
166 Repeal of sections 25 and 26
Part 52—Amendment of Mining
Act 1971
167 Amendment of section 63N—What happens
when there are no registered native title parties with whom to negotiate
168 Amendment of section 63O—Expedited
procedure where impact of operations is minimal
169 Amendment of section 67—Jurisdiction
relating to tenements and monetary claims
170 Amendment of section 73A—Lodging of
caveats
Part 53—Amendment of Native
Vegetation Act 1991
171 Amendment of section 31A—Application to
Part 54—Amendment of Natural
Resources Management Act 2004
172 Amendment of section 201—Orders made by
Part 55—Amendment of Nurses
Act 1999
173 Amendment of section 18—Proceedings
before Board etc
Part 56—Amendment of Occupational
Health, Safety and Welfare Act 1986
174 Amendment of section 49—Appeals
175 Amendment of section 58—Offences
176 Amendment of section 69—Regulations
Part 57—Amendment of Opal
Mining Act 1995
177 Amendment of section 26—Caveats
178 Amendment of section 56—What happens
when there are no registered native title parties with whom to negotiate
179 Amendment of section 57—Expedited
procedure where impact of operations is minimal
180 Amendment of section 72—Jurisdiction
relating to tenements and monetary claims
181 Amendment of section 75—Forfeiture of
tenement
Part 58—Amendment of Optometrists
Act 1920
182 Repeal of sections 42 to 44
Part 59—Amendment of Partnership
Act 1891
183 Amendment of section 74—Certain
convicted offenders not to carry on business as general partners
Part 60—Amendment of Police
(Complaints and Disciplinary Proceedings) Act 1985
184 Amendment of section 40—Proceedings
before the Tribunal
185 Amendment of section 43—Reference of
question of law
Part 61—Amendment of Powers
of Attorney and Agency Act 1984
186 Amendment of section 9—Donee may not
renounce power during incapacity of donor except with permission of Supreme
Court
Part 62—Amendment of Public
Trustee Act 1995
187 Amendment of section 9—Administration of
deceased estate
188 Amendment of section 14—Appointment as
executor or trustee
189 Amendment of section 32—Public Trustee's
duties with respect to unclaimed money or land
190 Amendment of section 34—Appointment as
manager of unclaimed property
191 Amendment of section 37—Public Trustee
may apply to Court for directions
Part 63—Amendment of Racing
(Proprietary Business Licensing) Act 2000
192 Amendment of section 43—Finality of
Authority's decisions
193 Amendment of section 47—Reasons for
decision
Part 64—Amendment of Real
Property Act 1886
194 Amendment of section 3—Interpretation
195 Amendment of section 24—Registrar-General
not to be liable for acts done bona fide
196 Amendment of section 45—Lapse of caveat
197 Amendment of section 80F—Caveats
198 Amendment of section 181—Proceedings
when executor etc refuse to transfer
199 Amendment of section 191—Caveats
200 Substitution of section 223
223 Registrar-General may refer question
of law
201 Repeal of sections 224 and 225
202 Amendment of section 260—Valuable
consideration may be proved by prior instruments
203 Repeal of Schedule 21
Part 65—Amendment of Recreational
Greenways Act 2000
204 Amendment of section 19—Enforcement of
agreement
Part 66—Amendment of Renmark
Irrigation Trust Act 1936
205 Amendment of section 105—Power of sale
206 Amendment of section 107—Properties
comprised in different assessments may be included in one application
207 Amendment of section 111—Application of
proceeds
208 Amendment of section 114—Power to lease
property for arrears of rates
209 Amendment of section 162—No action
against candidate for costs or expenses of election
210 Amendment of section 168—Incomplete
works
211 Amendment of section 212—Actions against
members
212 Substitution of Schedule 9
Schedule
9—Notice to owners etc
Part 67—Amendment of Royal
Commissions Act 1917
213 Repeal of sections 26 and 27
Part 68—Amendment of Settled
Estates Act 1880
214 Amendment of section 22—Application to
exercise powers conferred by Act
215 Amendment of section 28—Application may
be granted without consent, saving rights of non-consenting parties
216 Amendment of section 30—Notice of
application to be given in newspapers if Court directs
217 Amendment of section 34—Payment and
application of money arising from sales, or set aside out of rent, etc,
reserved on mining leases
218 Amendment of section 35—Trustees may
apply money in certain cases without application to Court
219 Amendment of section 37—Court may direct
application of money in respect of leases or reversions as may appear just
Part 69—Amendment of Sewerage
Act 1929
220 Amendment of section 94—Lands may be
sold when rates etc in arrear
221 Amendment of section 105—Tender of
amends
Part 70—Amendment of South
Australian Co-operative and Community Housing Act 1991
222 Amendment of section 74—Winding up
Part 71—Amendment of Strata
Titles Act 1988
223 Amendment of section 41A—Resolution of
disputes etc
224 Amendment of Schedule 2—Transitional
provisions
Part 72—Amendment of Summary
Offences Act 1953
225 Amendment of section 33—Indecent or
offensive material
226 Amendment of section 74BB—Fortification
removal order
Part 73—Amendment of Summary
Procedure Act 1921
227 Amendment of section 57—Issue of summons
228 Amendment of section 62—Proceedings on
non-appearance of defendant
229 Amendment of section 62A—Power to proceed
in absence of defendant
230 Amendment of section 62BA—Proceedings
where defendant neither appears nor returns written plea of guilty
231 Amendment of section 62C—Proceedings in
absence of defendant
232 Amendment of section 99F—Variation or
revocation of restraining order
233 Amendment of section 99J—Complaints or
applications by or on behalf of child
234 Amendment of section 106—Taking of
evidence at preliminary examination
Part 74—Amendment of Supported
Residential Facilities Act 1992
235 Amendment of section 20—Associated
provisions relating to exercise of jurisdiction by Court
Part 75—Amendment of Trade
Standards Act 1979
236 Amendment of section 37—Defences
Part 76—Amendment of Trustee
Act 1936
237 Amendment of section 25B—Power of Court
to authorise alterations and repairs
238 Amendment of section 29—Distribution of
estate after notice by representative or trustee
239 Amendment of section 49—Power for Court
to authorise purchase of trust property by trustee
240 Amendment of section 60—Applications to
Supreme Court
241 Substitution of sections 61 and 62
61 Application to be accompanied by
affidavit
62 Application to be heard in open
court
242 Amendment of section 63—Evidence may be
brought by affidavit or otherwise
243 Amendment of section 64—Service of
application and copy of affidavit
244 Amendment of section 65—Attorney-General
may address court at hearing
245 Amendment of section 66—Person may
address court with permission of Judge
246 Amendment of section 67—Powers of court
in dealing with application
247 Amendment of section 68—Court may order
costs
248 Amendment of section 84C—Appointment of
inspector
249 Amendment of section 85—Commission
concerning person of unsound mind
250 Amendment of section 90—Parties entitled
may apply to Court by summons
251 Amendment of section 92—Power to make
order in action or matter
Part 77—Amendment of Unauthorised
Documents Act 1916
252 Repeal of sections 9 to 11
Part 78—Amendment of Upper
South
253 Amendment of section 29—Civil remedies
254 Amendment of section 30—Interim
restraining orders to prevent environmental harm
Part 79—Amendment of Waterworks
Act 1932
255 Amendment of section 59—Waste material
from gasworks
256 Amendment of section 98—Power to sell
land
Part 80—Amendment of Wills
Act 1936
257 Amendment of section 7—Will of person
lacking testamentary capacity pursuant to permission of court
Part 81—Amendment of Workers
Rehabilitation and Compensation Act 1986
258 Substitution of heading to Part 6
Division 10
259 Amendment of section 86A—Reference of
question of law
260 Amendment of
section 95—Costs
The Parliament of
This Act may be cited as the Statutes Amendment (New Rules of
Civil Procedure) Act 2006.
(1) This
Act will come into operation on a day to be fixed by proclamation.
(2) Section
7(5) of the Acts Interpretation Act 1915 does not apply in relation
to the commencement of this Act or any provision of this Act.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Supreme Court Act 1935
4—Amendment of section 5—Interpretation
(1) Section
5(1), definition of petitioner—delete the definition
(2) Section 5(1), definition of plaintiff—delete
the definition and substitute:
plaintiff means a person who brings any form of
proceeding in the court (other than an appeal)—
(a) asserting
a right to any form of relief against another; or
(b) asking
the court to exercise a power or discretion,
and includes a defendant making a claim against another by way of
counterclaim or third-party claim;
(3) Section
5(1), definition of pleading—delete "petition or"
5—Amendment of section 21—Equities of plaintiff
Section 21—delete "or petitioner" wherever occurring
6—Amendment of section 22—Equitable defences
Section 22—delete "or petitioner" wherever occurring
7—Amendment of section 23—Counter-claims and third parties
Section 23(1)(a)—delete "or petitioner" wherever
occurring
8—Amendment of section 39—Vexatious proceedings
Section 39(1)(a)—delete "leave"
and substitute:
permission
9—Amendment of section 48—Jurisdiction
of
(1) Section 48(2)(a)(i)—delete
"motions" and substitute:
applications
(2) Section
48(2)(a)(iv)—delete "special cases and points and"
10—Amendment of section 49—Questions
of law reserved for
Section 49(1)—delete subsection (1) and
substitute:
(1) The
court constituted of a single judge or a master may reserve a question of law
for the consideration of the
Section 50—delete the section and
substitute:
50—Appeals
(1) Subject to this section—
(a) an
appeal lies to the
(b) an
appeal lies against a judgment of the court constituted of a master.
(2) An
appeal against a judgment of a master lies, if the rules so provide, to the
(3) No appeal lies against—
(a) an
order allowing an extension of time to appeal from a judgment; or
(b) an
order giving unconditional permission to defend an action; or
(c) a
judgment that is, by statute, under the rules, or by agreement of the parties,
final and without appeal.
(4) An appeal lies only with the permission of
the court—
(a) from
a judgment of any of the following classes:
(i) a
judgment given by consent of the parties;
(ii) a
judgment given by a single judge on appeal from a judgment of the
(b) if
the rules provide that the appeal lies by permission of the court.
(5) The rules cannot, however, require the
court's permission for an appeal if the judgment under appeal—
(a) denies,
or imposes conditions on, a right to defend an action; or
(b) deals
with the liberty of the subject or the custody of an infant; or
(c) grants
or refuses relief in the nature of an injunction or the appointment of a
receiver; or
(d) is
a declaration of liability or a final assessment of damages under
section 30B; or
(e) makes
a final determination of a substantive right.
Exception—
If a judgment is given by a single judge on appeal from some other
court or tribunal, the rules may require the court's permission for a further
appeal to the
(6) In this section—
judgment includes—
(a) an
order or direction; and
(b) a
decision not to make an order or direction.
Section 51—delete the section
13—Amendment of section 62E—Reference of matters involving question of valuation
Section 62E(1)—delete "of his own
motion" and substitute:
on his or her own initiative
14—Amendment of section 72—Rules of court
Section 72(1)—after paragraph (e) insert:
(ea) for
empowering the court—
(i) to
order the carrying out of a biological or other scientific test that may be
relevant to the determination of a question before the court; and
(ii) to
include in such an order directions about the carrying out of the test and, in
particular, directions requiring a person (including a party to the
proceedings) to submit to the test or to have a child or other person who is
not of full legal capacity submit to the test; and
(iii) if
a party is required to submit to the test, or to have another submit to the
test—to include in the order a stipulation that, if the party fails to comply
with the order, the question to which the test is relevant will be resolved
adversely to the party;
15—Section 117—Orders to bring prisoners for examination
Section 117(1)—delete "or special referee"
Part 3—Amendment of District Court Act 1991
16—Amendment of section 43—Right of appeal
Section 43(3)—delete subsection (3) and
substitute:
(3) The
appeal lies as of right, or by permission, according to the rules of the
appellate court but, in the case of an appeal against a final judgment of the
Court in its Administrative and Disciplinary Division, permission is required
to appeal on a question of fact.
17—Amendment of section 51—Rules of Court
Section 51(1)—after paragraph (d) insert:
(da) empowering
the Court—
(i) to
order the carrying out of a biological or other scientific test that may be
relevant to the determination of a question before the Court; and
(ii) to
include in such an order directions about the carrying out of the test and, in
particular, directions requiring a person (including a party to the proceedings)
to submit to the test or to have a child or other person who is not of full
legal capacity submit to the test; and
(iii) if
a party is required to submit to the test, or to have another submit to the
test—to include in the order a stipulation that, if the party fails to comply
with the order, the question to which the test is relevant will be resolved
adversely to the party; and
Part 4—Amendment of
18—Amendment of section 40—Right of appeal
Section 40(2)—delete "by leave"
and substitute:
with the permission
19—Amendment of section 49—Rules of Court
Section 49(1)—after paragraph (d) insert:
(da) empowering
the Court—
(i) to
order the carrying out of a biological or other scientific test that may be
relevant to the determination of a question before the Court; and
(ii) to
include in such an order directions about the carrying out of the test and, in
particular, directions requiring a person (including a party to the
proceedings) to submit to the test or to have a child or other person who is
not of full legal capacity submit to the test; and
(iii) if
a party is required to submit to the test, or to have another submit to the
test—to include in the order a stipulation that, if the party fails to comply
with the order, the question to which the test is relevant will be resolved
adversely to the party; and
Part 5—Amendment of Administration and Probate
Act 1919
20—Amendment of section 18—Administration guarantees may be required before administration sealed
(1) Section 18(7)—delete "leave" and
substitute:
permission
(2) Section 18(11)—delete "ex parte"
and substitute:
without notice to any other interested person
21—Amendment of section 25—Order to produce any instrument purporting to be testamentary
(1) Section
25(1)—delete "on motion or petition, or otherwise, in a summary way,"
(2) Section
25(4)—delete "motion, petition, or other"
22—Amendment of section 31—Administration guarantees
(1) Section 31(7)—delete "leave" and
substitute:
permission
(2) Section 31(11)—delete "ex parte"
and substitute:
without notice to any other interested person
(1) Section
39(1)—delete ", by petition,"
(2) Section
39(2)—delete "the hearing of such petition, upon"
24—Amendment of section 47—Court may make special orders as to management of undevised lands
Section 47—delete "upon the
petition" and substitute:
on the application
25—Amendment of section 56A—Court may order delivery of statement and account
Section 56A—delete "of its own
motion" and substitute:
on its own initiative
26—Amendment of section 60—Filing of declaration that estate insufficient to pay debts
(1) Section 60(5)—delete "ex parte
or otherwise" and substitute:
with or without notice
(2) Section 60(5)—delete "leave" and
substitute:
permission
27—Amendment of section 63—Court may order sale of infant's property
Section 63—delete "by petition, summons, or otherwise"
28—Amendment of section 64—Court may give permission to postpone realisation or carry on business
(1) Section 64(1)—delete "leave" and
substitute:
permission
(2) Section 64(2)—delete "in pursuance of
leave" and substitute:
in accordance with permission
(3) Section 64(3)—delete "ex parte"
and substitute:
without notice
29—Amendment of section 67—Judge may dispense wholly or partially with compliance with section 65
Section 67(3)—delete "ex parte"
and substitute:
without notice to any interested party
30—Amendment of section 69—Public trustee and other persons may obtain judicial advice or direction
(1) Section 69(2)—delete "ex parte"
and substitute:
without notice to
(2) Section 69(6)—after "question"
insert:
of law
(3) Section
69(6)—delete "by way of special case"
Part 6—Amendment of Aged and Infirm Persons' Property
Act 1940
31—Amendment of section 6—Procedure where case not provided for
Section 6(2)—delete "ex parte"
and substitute:
without notice to any other party
32—Amendment of section 8A—Protection order on court's own initiative
Section 8A(1)—delete "of its own
motion" and substitute:
on its own initiative
33—Amendment of section 22—Proceedings
(1) Section 22(1)—delete "motion" and
substitute:
initiative
(2) Section 22(1)—delete "at the
suit" and substitute:
on the application
34—Amendment of section 24—Application to court by Public Trustee
(1) Section
24(1)—delete "ex parte"
(2) Section
24(3)—delete "ex parte"
35—Amendment of section 33—Application for order to perpetuate testimony
Section 33(2)—delete "ex parte"
and substitute:
without notice to any other person
36—Amendment of section 34—Attendance at examination
(1) Section 34(1)—delete "by leave"
and substitute:
with the permission
(2) Section 34(2)—delete "by leave"
wherever occurring and substitute in each case:
with the permission
37—Amendment of section 36—Discontinuance of proceedings
Section 36—delete "by leave" and
substitute:
with permission
38—Amendment of section 39—Deposit of depositions and will or codicil
(1) Section 39(2)—delete "by leave"
and substitute:
with the permission
(2) Section 39(2)—delete "by the special
leave" and substitute:
with the permission
(3) Section 39(3)—delete "by leave" and
substitute:
with the permission
Part 7—Amendment of
39—Amendment of section 20—Mining operations on the lands
(1) Section 20(12)(b)—delete paragraph (b) and
substitute:
(b) may
refer a question of law for the opinion of the Full Court of the Supreme Court.
(2) Section
20(13)—delete subsection (13)
Part 8—Amendment of ASER (Restructure) Act 1997
40—Amendment of section 25—Appointment of administrator
Section 25(5)—delete "by leave"
and substitute:
with the permission
Part 9—Amendment of Associations Incorporation
Act 1985
41—Amendment of section 41—Winding up of incorporated associations
Section 41(5)—delete "leave" and
substitute:
permission
42—Amendment of section 61—Oppressive or unreasonable acts
Section 61(13)—delete "leave"
and substitute:
permission
Part 10—Amendment of Authorised Betting Operations
Act 2000
43—Amendment of section 78—Finality of Authority's decisions
(1) Section 78(1)(c)—delete "by
leave" and substitute:
with the permission
(2) Section 78(3)—delete "leave" and
substitute:
permission
44—Amendment of section 85—Reasons for decision
Section 85(2)—delete "by leave"
and substitute:
with permission
Part 11—Amendment of Bail Act 1985
45—Amendment of section 6—Nature of bail agreement
Section 6(4)—delete "of its own
motion" and substitute:
on its own initiative
46—Amendment of section 15A—Review of magistrate's decision by Supreme Court
Section 15A(3)—delete "leave"
and substitute:
the permission
47—Amendment of section 19—Estreatment
(1) Section 19(1)—delete "of its own
motion" and substitute:
on its own initiative
(2) Section 19(3)—delete "of its own
motion" and substitute:
on its own initiative
Part 12—Amendment of Business Names Act 1996
48—Amendment of section 17—Certain convicted offenders not to use business names
(1) Section 17(1)(g)—delete "leave"
and substitute:
the permission
(2) Section 17(2)—delete "leave" and
substitute:
the permission
(3) Section 17(4)—delete "leave" and
substitute:
permission
49—Amendment of section 26—Power of court to require compliance with Act
Section 26(1)—delete "suit or" wherever occurring
Part 13—Amendment of Casino Act 1997
50—Amendment of section 66—Finality of Authority's decisions
(1) Section 66(1)(b)—delete "by
leave" and substitute:
with the permission
(2) Section 66(2)—delete "leave" and
substitute:
permission
51—Amendment of section 68—Reasons for decision
Section 68(2), exception—delete "by
leave" and substitute:
with permission
Part 14—Amendment of Child Protection Review (Powers and
Immunities) Act 2002
52—Amendment of section 5—Confidentiality and disclosure of information
(1) Section 5(4)(a)—delete "leave"
and substitute:
the permission
(2) Section 5(4)(b)—delete "leave"
and substitute:
permission
(3) Section 5(5)—delete "leave" and
substitute:
permission
(4) Section 5(6)—delete "leave" and
substitute:
permission
Part 15—Amendment of Children's Protection Act 1993
53—Amendment of section 13—Confidentiality of notification of abuse or neglect
(1) Section 13(3)(a)—delete "leave"
and substitute:
the permission
(2) Section 13(3)(b)—delete "leave"
and substitute:
permission
(3) Section 13(4)—delete "leave" and
substitute:
permission
(4) Section 13(5)—delete "leave" and
substitute:
permission
Part 16—Amendment of Commercial Arbitration
Act 1986
54—Amendment of section 3—Repeal, transitional and application provisions
Section 3(6)—delete subsection (6) and
substitute:
(6) If
a court refers a matter to arbitration, the court may direct that this Act is
to apply to the arbitration (either with or without exclusions or modifications
specified by the court) and, in the absence of such a direction, this Act will
not apply.
(7) This Act does not apply to—
(a) an
arbitration under the Fair Work Act 1994; or
(b) an
arbitration or class of arbitrations prescribed by the regulations as an
arbitration, or class of arbitrations, to which this Act does not apply.
55—Amendment of section 4—Interpretation
Section 4(1), definition of the
Court, (c)—delete paragraph (c) and substitute:
(c) if—
(i) the
dispute referred or sought to be referred to arbitration would, but for the
arbitration agreement, be justiciable by the
(ii) the
parties have (either in the arbitration agreement or some collateral agreement)
agreed that the
the
56—Amendment of section 33—Enforcement of award
(1) Section 33—delete "by leave" and
substitute:
with the permission
(2) Section 33—delete "leave" second
occurring and substitute:
permission
57—Amendment of section 38—Judicial review of awards
(1) Section 38(4)(b)—delete "leave"
and substitute:
permission
(2) Section 38(5)—delete "leave" and
substitute:
permission
(3) Section 38(6)—delete "leave which it
grants" and substitute:
permission granted
58—Amendment of section 39—Determination of preliminary point of law by Supreme Court
Section 39(2)(b)—delete "leave"
and substitute:
permission
59—Amendment of section 40—Exclusion agreements affecting rights under sections 38 and 39
Section 40(1)(a)—delete "grant
leave" and substitute:
give permission
60—Amendment of section 53—Relationship between judicial and arbitral powers
(1) Section 53(1)(c)(ii)—delete "by
leave" and substitute:
with the permission
(2) Section 53(2)(c)(ii)—delete "by
leave" and substitute:
with the permission
Schedule—delete the Schedule
Part 17—Amendment of Commission of Inquiry (Children in
State Care) Act 2004
62—Amendment of section 15—Further provision relating to mandatory notification
(1) Section 15(1)(a)—delete "leave"
and substitute:
the permission
(2) Section 15(1)(b)—delete "leave"
and substitute:
permission
(3) Section 15(2)—delete "leave" and
substitute:
permission
(4) Section 15(3)—delete "leave" and
substitute:
permission
Part 18—Amendment of Community Titles Act 1996
63—Amendment of section 142—Resolution of disputes etc
Section 142(3)—delete "leave"
and substitute:
the permission
64—Amendment of Schedule—Transitional provisions
Schedule, clause 3(4)(b)—delete
"leave" and substitute:
permission
Part 19—Amendment of Co-operatives Act 1997
65—Amendment of section 92—Changes to rules
Section 92(b)—delete "leave" and
substitute:
permission
66—Amendment of section 94—Bringing, or intervening in, proceedings on behalf of a co-operative
Section 94(1)(c)—delete "leave"
and substitute:
permission
67—Amendment of section 95—Applying for and granting permission
(1) Section 95(1)—delete "leave" and
substitute:
permission
(2) Section 95(2)—delete "leave"
wherever occurring and substitute in each case:
permission
68—Amendment of section 96—Substitution of another person for the person granted permission
(1) Section 96(1)—delete "leave" and
substitute:
permission
(2) Section 96(4)(a)—delete "leave"
and substitute:
permission
69—Amendment of section 97—Effect of ratification by members
(1) Section 97(1)—delete "leave"
wherever occurring and substitute in each case:
permission
(2) Section 97(2)—delete "leave"
wherever occurring and substitute in each case:
permission
Section 98—delete "leave"
wherever occurring and substitute in each case:
permission
71—Amendment of section 99—General powers of Supreme Court
Section 99(1)—delete "leave"
wherever occurring and substitute in each case:
permission
72—Amendment of section 100—Power of Supreme Court to make costs order
Section 100—delete "leave"
wherever occurring and substitute in each case:
permission
73—Amendment of section 209—Disqualified persons
(1) Section 209(1)(b)—delete "leave"
and substitute:
permission
(2) Section 209(2)(a)—delete "leave"
and substitute:
the permission
(3) Section 209(4)—delete "leave" and
substitute:
the permission
(4) Section 209(5)—delete "leave" and
substitute:
permission
(5) Section 209(6)—delete "leave" and
substitute:
permission
(6) Section 209(7)—delete "leave" and
substitute:
permission
74—Amendment of section 325—Stay of proceedings
(1) Section 325(1)—delete "leave"
wherever occurring and substitute in each case:
permission
(2) Section 325(2)—delete "leave" and
substitute:
the permission
75—Amendment of section 338—Persons disqualified from administering compromise
Section 338(1)—delete "leave"
and substitute:
permission
76—Amendment of section 342—Power of Supreme Court to restrain further proceedings
Section 342(1)—delete "by leave"
and substitute:
with the permission
77—Amendment of Schedule 3—Registration etc of charges
(1) Schedule 3, Part 2, Division 5, clause
33(1)(b)—delete "leave" and substitute:
permission
(2) Schedule 3, Part 2, Division 5, clause 34—delete
"leave" and substitute:
permission
78—Amendment of Schedule 4—Receivers, and other controllers, of property of co-operatives
(1) Schedule 4, clause 13(3)—delete "of
its own motion" and substitute:
on its own initiative
(2) Schedule 4, clause 27(5)—delete
"leave" and substitute:
permission
Part 20—Amendment of Correctional Services Act 1982
79—Amendment of section 45—Procedure at inquiries under this Division
Section 45(b)—delete "ex parte"
and substitute:
in the prisoner's absence
Part 21—Amendment of Criminal Assets Confiscation
Act 2005
Section 36—delete "leave"
wherever occurring and substitute in each case:
permission
81—Amendment of section 40—Ancillary orders
Section 40(2)(d)—delete "leave"
and substitute:
permission
82—Amendment of section 49—Additional application for a forfeiture order
Section 49—delete "leave"
wherever occurring and substitute in each case:
permission
83—Amendment of section 60—Applying for exclusion orders
(1) Section 60(2)—delete "leave" and
substitute:
the permission
(2) Section 60(3)—delete "leave"
wherever occurring and substitute in each case:
permission
84—Amendment of section 62—Applying for compensation orders
Section 62—delete "leave"
wherever occurring and substitute in each case:
permission
85—Amendment of section 80—Applying for orders under sections 78 and 79
Section 80—delete "leave"
wherever occurring and substitute in each case:
permission
Section 91(2)—delete "leave" and
substitute:
permission
87—Amendment of section 92—When the Crown can begin dealing with property forfeited under section 74
Section 92(3)—delete "leave" and
substitute:
permission
88—Amendment of section 96—Additional application for a pecuniary penalty order
Section 96—delete "leave"
wherever occurring and substitute in each case:
permission
Part 22—Amendment of Criminal Law Consolidation
Act 1935
89—Amendment of section 246—Confidentiality of jury deliberations and identities
Section 246(8)(a)—delete "leave"
and substitute:
permission
90—Amendment of section 269Y—Appeals
Section 269Y(3)—delete "by
leave" and substitute:
with the permission
91—Amendment of section 281—Objections to informations, amendments and postponement of trial
Section 281(1)—delete "thereof shall
be taken by demurrer, or motion" and substitute:
of the information must be made by application
92—Amendment of section 285C—Notice of certain evidence to be given
(1) Section 285C(5)—delete "by leave"
and substitute:
with the permission
(2) Section 285C(6)—delete "Leave"
and substitute:
Permission
(3) Section 285C(6)—delete "leave"
and substitute:
permission
93—Substitution of heading to Part 11
Heading to Part 11—delete the heading and
substitute:
Part 11—Appellate proceedings
94—Substitution of section 350
Section 350—delete the section and
substitute:
350—Reservation
of relevant questions
(1) In this section—
relevant question means a question of law and includes a question about how
a judicial discretion should be exercised or whether a judicial discretion has
been properly exercised.
(2) A court by which a person has been, is
being or is to be tried or sentenced for an indictable offence may reserve for
consideration and determination by the Full Court a relevant question on an
issue—
(a) antecedent
to trial; or
(b) relevant
to the trial or sentencing of the defendant,
and the court may (if necessary) stay the proceedings until the
question has been determined by the Full Court.
(3) Unless
required to do so by the Full Court, a court must not reserve a question for
consideration and determination by the Full Court if reservation of the
question would unduly delay the trial or sentencing of the defendant.
(4) A
court before which a person has been tried and acquitted of an offence must, on
application by the Attorney-General or the Director of Public Prosecutions,
reserve a question antecedent to the trial, or arising in the course of the
trial, for consideration and determination by the Full Court.
(5) The
Full Court may, on application under subsection (6), require a court to
refer a relevant question to it for consideration and determination.
(6) An application for an order under
subsection (5) may be made by—
(a) the
Attorney-General or the Director of Public Prosecutions; or
(b) a
person who—
(i) has
applied unsuccessfully to the primary court to have the question referred for
consideration and determination by the Full Court; and
(ii) has
obtained the permission of the primary court or the Supreme Court to make the
application.
(7) If
a person is convicted, and a question relevant to the trial or sentencing is
reserved for consideration and determination by the Full Court, the primary
court or the Supreme Court may release the person on bail on conditions the
court considers appropriate.
95—Amendment of section 352—Right of appeal in criminal cases
(1) Section 352(1)—delete "leave"
wherever occurring and substitute in each case:
permission
(2) Section
352(2)—delete subsection (2)
96—Amendment of section 355—Revesting and restitution of property on conviction
Section 355(1)(b)—delete "leave"
and substitute:
permission
97—Amendment of section 357—Appeal to Full Court
Section 357(1)—delete "leave"
and substitute:
permission
98—Amendment of section 361—Right of appellant to be present
Section 361(1)—delete "leave"
wherever occurring and substitute in each case:
permission
99—Amendment of section 364—Admission of appellant to bail and custody when attending Court
Section 364(4)—delete "case is
stated" and substitute:
question is reserved
100—Amendment of section 366—Notes of evidence on trial
Section 366(1)—delete "leave"
and substitute:
permission
101—Amendment of section 367—Powers that may be exercised by a judge of the Court
Section 367—delete "leave"
wherever occurring and substitute in each case:
permission
Part 23—Amendment of Criminal Law (Sentencing)
Act 1988
102—Amendment of section 70I—Court may remit or reduce pecuniary sum or make substitute orders
Section 70I(2)—delete "of its own
motion" and substitute:
on its own initiative
Part 24—Amendment of Crown Proceedings Act 1992
103—Amendment of section 9—Right of Attorney-General to appear in proceedings
Section 9(2)(c)—delete "leave"
and substitute:
permission
104—Amendment of section 14—Permission to issue certain subpoenas etc
(1) Section 14(1)—delete "leave" and
substitute:
permission
(2) Section 14(2)—delete "Leave" and
substitute:
Permission
(3) Section 14(3)—delete "leave" and
substitute:
permission
Part 25—Amendment of Crown Rates and Taxes Recovery
Act 1945
105—Amendment of section 14—Application of purchase money
Section 14—delete "petition, claim, suit, or" wherever
occurring
Part 26—Amendment of Dental Practice Act 2001
106—Amendment of section 63—Powers of Tribunal
(1) Section
63(5)—delete "(either ex parte or on notice)"
(2) Section 63—after subsection (5) insert:
(5a) The
Supreme Court may require that notice be given of an application under
subsection (5) to the person against whom the order is sought or any other
person (but an order may be made, if the Court thinks fit, although no notice
has been given of the application).
Part 27—Amendment of Development Act 1993
107—Amendment of section 85—Applications to Court
(1) Section 85(4)—delete "ex parte"
and substitute:
without notice to any person
(2) Section 85(4)—delete "leave" and
substitute:
permission
(3) Section 85(11)(a)—delete "an ex
parte application" and substitute:
an application without notice to any person
Part 28—Amendment of Domestic Violence Act 1994
108—Amendment of section 12—Variation or revocation of domestic violence restraining order
Section 12(1a)—delete "leave"
wherever occurring and substitute in each case:
permission
109—Amendment of section 16—Complaints or applications on behalf of child
Section 16(a)—delete "leave" and
substitute:
permission
Part 29—Amendment of Environment Protection
Act 1993
110—Amendment of section 104—Civil remedies
(1) Section 104(7)(c)—delete "leave"
and substitute:
permission
(2) Section 104(8)—delete "leave" and
substitute:
permission
(3) Section 104(11)—delete "ex parte"
and substitute:
without notice to any person
(4) Section 104(11)—delete "leave"
and substitute:
permission
(5) Section 104(14)(a)—delete "ex parte
application" and substitute:
application without notice to any person
Part 30—Amendment of Environment, Resources and
Development Court Act 1993
111—Amendment of section 17—Parties
Section 17(3)—delete "ex parte
application" and substitute:
application without notice to any person
112—Amendment of section 30—Right of appeal
Section 30(2)—delete "by leave"
and substitute:
with permission
Part 31—Amendment of Evidence Act 1929
113—Amendment of section 27—How far a party may discredit his or her own witness
Section 27(b)—delete "by leave"
and substitute:
with the permission
114—Amendment of section 34I—Evidence in sexual cases
(1) Section 34I(1)(b)—delete "leave"
and substitute:
permission
(2) Section 34I(2)—delete "leave"
wherever occurring and substitute in each case:
permission
(3) Section 34I(3)—delete "Leave" and
substitute:
Permission
(4) Section 34I(4)—delete "leave" and
substitute:
permission
115—Amendment of section 34K—Admissibility of depositions at trial
(1) Section 34K(1)—delete "by leave"
and substitute:
with the permission
(2) Section 34K(2)—delete "Leave" and
substitute:
Permission
116—Amendment of section 60—Sufficiency of notice of action
Section 60—delete ", suit,"
117—Amendment of section 67F—Evidence of protected communications
(1) Section 67F(1)(b)(i)—delete
"leave" and substitute:
permission
(2) Section 67F(2)—delete "leave"
wherever occurring and substitute in each case:
permission
(3) Section 67F(5)—delete "leave" and
substitute:
permission
(4) Section 67F(7)—delete "leave" and
substitute:
permission
(5) Section 67F(8)—delete "leave" and
substitute:
permission
118—Amendment of section 69A—Suppression orders
(1) Section 69A(5)(a)—delete "by
leave" and substitute:
with the permission
(2) Section 69A(9)—delete "by leave"
and substitute:
with the permission
Part 32—Amendment of Fair Trading Act 1987
119—Amendment of section 86—Sequestration orders
Section 86(3)—delete "ex parte
application" and substitute:
application without notice to the person
120—Amendment of section 88—Defences
Section 88(3)—delete "leave" and
substitute:
permission
Part 33—Amendment of Fair Work Act 1994
121—Amendment of section 153—Intervention
Section 153(2)—delete "leave"
and substitute:
permission
122—Amendment of section 171—Service
Section 171(3)—delete "by leave"
and substitute:
with the permission
123—Amendment of section 191—Appeal to Supreme Court
(1) Section 191(1)(b)—delete "leave"
and substitute:
permission
(2) Section 191(4)—delete "leave"
wherever occurring and substitute in each case:
permission
124—Amendment of section 203—Representation at voluntary or compulsory conference
(1) Section 203(1)—delete "by leave"
and substitute:
with the permission
(2) Section 203(2)—delete "leave"
wherever occurring and substitute in each case:
permission
(3) Section 203(3)—delete "Leave" and
substitute:
Permission
(4) Section 203(3)—delete "leave"
wherever occurring and substitute in each case:
permission
125—Amendment of section 207—Right of appeal
(1) Section 207(2)—delete "by leave"
wherever occurring and substitute in each case:
with the permission
(2) Section 207(3)—delete "leave" and
substitute:
permission
(3) Section 207(4)(b)—delete "leave"
and substitute:
permission
Part 34—Amendment of Family and Community Services
Act 1972
126—Amendment of section 112—Provision for blood tests
Section 112(13)—delete "of its own
motion" and substitute:
on its own initiative
127—Amendment of section 157—Attachment may be pleaded
Section 157(2)—delete ", suit,"
Part 35—Amendment of Food Act 2001
128—Amendment of section 104—Power of court to order further analysis
Section 104(1)—delete "motion"
and substitute:
initiative
Part 36—Amendment of Foreign Judgments Act 1971
129—Amendment of section 7—Registration of judgment
Section 7(6)—delete "ex parte"
and substitute:
without notice to any person
Part 37—Amendment of Freedom of Information
Act 1991
130—Amendment of section 40—Appeal to District Court
Section 40(1)—delete "by leave"
and substitute:
with the permission
Part 38—Amendment of Guardianship and Administration
Act 1993
131—Amendment of section 14—Powers and procedures of Board
Section 14(9)(c)—delete "leave"
and substitute:
permission
132—Amendment of section 39—Powers and duties of administrator
Section 39(2)(j)—delete ", suit" wherever occurring
133—Substitution of heading to Part 6
Heading to Part 6—delete the heading and
substitute:
Part 6—Appeals and references of questions
of law
134—Substitution of heading to Part 6 Division 1
Heading to Part 6 Division 1—delete the
heading and substitute:
Division 1—Review of Registrar's decisions
and references of questions of law
135—Amendment of section 65—Question of law may be referred to Supreme Court
Section 65—delete "state a case
on" and substitute:
refer
136—Amendment of section 67—Appeal from decisions of Board
(1) Section 67(1)(g)—delete "leave"
and substitute:
permission
(2) Section 67(3)—delete "leave"
wherever occurring and substitute in each case:
permission
(3) Section 67(7)—delete "leave" and
substitute:
permission
(4) Section 67(12)(b)—delete "leave"
and substitute:
permission
137—Amendment of section 70—Appeals from decisions of ADD
(1) Section 70(1)—delete "leave" and
substitute:
permission
(2) Section 70(2)(a)—delete "leave"
and substitute:
permission
138—Amendment of section 71—Method of conducting appeal
Section 71—delete "leave" and
substitute:
permission
139—Amendment of section 73—Representation on appeals
Section 73(1)—delete "leave" and
substitute:
permission
140—Amendment of section 74—Board may give advice, direction or approval
Section 74(2)(b)—delete "ex parte"
and substitute:
in the absence of any person who may be affected by the Board's
decision
Part 39—Amendment of Heritage Places Act 1993
141—Amendment of section 38A—ERD Court orders
Section 38A(6)(c)—delete "leave"
and substitute:
permission
Part 40—Amendment of Housing Improvement Act 1940
Section 71—delete "ex parte"
and substitute:
in the absence of the occupier
Part 41—Amendment of Juries Act 1927
143—Amendment of section 60A—Jury may consist of men or women only
Section 60A(2)—delete "of its own
motion" and substitute:
on its own initiative
Part 42—Amendment of Jurisdiction of Courts
(Cross-vesting) Act 1987
144—Amendment of section 5—Transfer of proceedings
Section 5(7)—delete "of its own
motion" and substitute:
on its own initiative
145—Amendment of section 8—Orders by Supreme Court
Section 8(1)—delete "of its own
motion" and substitute:
on its own initiative
Section 10—delete "of its own
motion" and substitute:
on its own initiative
Part 43—Amendment of Landlord and Tenant Act 1936
147—Amendment of section 9—Relief against forfeiture for non-payment of rent
Section 9(1)—delete "motion or"
148—Amendment of section 21—Duty of landlord after being served with declaration
Section 21—delete "at the suit"
and substitute:
on the application
149—Amendment of section 32—Distress may be secured and sold on premises
Section 32(3)—delete "of suit"
150—Amendment of section 37—Double damages against wrongful distrainer
Section 37—delete "of suit"
151—Amendment of section 39—Damages or pound breach or rescue
Section 39—delete "of suit"
Part 44—Amendment of Law of Property Act 1936
152—Amendment of section 49—Conveyance on sale
Section 49(2)(c)—delete "leave"
and substitute:
permission
153—Amendment of section 66—Right of recovering apportioned parts
Section 66—delete "suit"
154—Amendment of section 114—Power of Court to sell interest of Crown in real estate
Section 114(1)—delete ", ex parte or otherwise,"
Part 45—Amendment of Legal Practitioners Act 1981
155—Amendment of section 84—Powers of Tribunal
(1) Section
84(5)—delete "(either ex parte or on notice)"
(2) Section 84—after subsection (5) insert:
(6) The
Court may require that notice be given of an application under
subsection (5) to the person against whom the order is sought or any other
person (but an order may be made, if the Court thinks fit, although no notice
has been given of the application).
Section 89A—delete "of its own
motion" and substitute:
on its own initiative
157—Amendment of section 93—Power of Court to strike off notary's name
Section 93(1)—delete "of its own
motion" and substitute:
on its own initiative
Part 46—Amendment of Liquor Licensing Act 1997
158—Amendment of section 20—Representation
Section 20(1)(e)—delete "by
leave" and substitute:
with the permission
159—Amendment of section 25—Representation
Section 25(1)(e)—delete "by
leave" and substitute:
with the permission
160—Amendment of section 27—Appeal from orders and decisions of the Court
Section 27(1)—delete "by leave"
and substitute:
with the permission
161—Amendment of section 28—Reference of question of law
(1) Section 28(1)—delete "state a case
on" and substitute:
refer
(2) Section 28(2)—delete "arising on a
case stated" and substitute:
referred
Part 47—Amendment of Local Government (Elections)
Act 1999
162—Substitution of section 77
Section 77—delete the section and
substitute:
77—Reference
of question of law
The Court may, on its own initiative or on the application of a
party to proceedings, refer a question of law for the opinion of the Full Court
of the Supreme Court.
Part 48—Amendment of Lottery and Gaming Act 1936
163—Amendment of section 92—Receiving money for betting
Section 92(3)—delete "of suit"
Part 49—Amendment of Maralinga Tjarutja Land Rights
Act 1984
164—Amendment of section 21—Mining operations on the lands
(1) Section 21(14)(b)—delete paragraph (b) and
substitute:
(b) may
refer a question of law for the opinion of the Full Court of the Supreme Court.
(2) Section
21(15)—delete subsection (15)
Part 50—Amendment of Medical Practice Act 2004
165—Amendment of section 60—Powers of Tribunal
(1) Section
60(5)—delete "(either ex parte or on notice)"
(2) Section 60—after subsection (5) insert:
(5a) The
Court may require that notice be given of an application under
subsection (5) to the person against whom the order is sought or any other
person (but an order may be made, if the Court thinks fit, although no notice
has been given of the application).
Part 51—Amendment of Mines and Works Inspection
Act 1920
166—Repeal of sections 25 and 26
Sections 25 and 26—delete the sections
Part 52—Amendment of Mining Act 1971
Section 63N(1)—delete "ex parte"
and substitute:
without notice to any person
168—Amendment of section 63O—Expedited procedure where impact of operations is minimal
Section 63O(2)—delete "ex parte"
and substitute:
without notice to any person
169—Amendment of section 67—Jurisdiction relating to tenements and monetary claims
Section 67(1)—delete "suits" and
substitute:
actions
170—Amendment of section 73A—Lodging of caveats
Section 73A(4)—delete "by leave"
and substitute:
with the permission
Part 53—Amendment of Native Vegetation Act 1991
171—Amendment of section 31A—Application to ERD Court for enforcement
Section 31A(4)—delete "grant leave to
the applicant" and substitute:
grant the applicant permission
Part 54—Amendment of Natural Resources Management
Act 2004
172—Amendment of section 201—Orders made by ERD Court
(1) Section 201(5)(d)—delete "leave"
and substitute:
permission
(2) Section 201(6)—delete "leave" and
substitute:
permission
(3) Section 201(9)—delete "leave" and
substitute:
permission
Part 55—Amendment of Nurses Act 1999
173—Amendment of section 18—Proceedings before Board etc
(1) Section
18(6)—delete "(either ex parte or on notice)"
(2) Section 18—after subsection (6) insert:
(6a) The
Court may require that notice be given of an application under
subsection (6) to the person against whom the order is sought or any other
person (but an order may be made, if the Court thinks fit, although no notice
has been given of the application).
Part 56—Amendment of Occupational Health, Safety and
Welfare Act 1986
174—Amendment of section 49—Appeals
Section 49(4)—delete "leave" and
substitute:
the permission
175—Amendment of section 58—Offences
Section 58(5a)(c)—delete "leave"
and substitute:
permission
176—Amendment of section 69—Regulations
Section 69(8)—delete "leave" and
substitute:
the permission
Part 57—Amendment of Opal Mining Act 1995
177—Amendment of section 26—Caveats
Section 26(5)—delete "by leave"
and substitute:
with the permission
Section 56(1)—delete "ex parte"
and substitute:
without notice to any person
179—Amendment of section 57—Expedited procedure where impact of operations is minimal
Section 57(2)—delete "ex parte"
and substitute:
without notice to any person
180—Amendment of section 72—Jurisdiction relating to tenements and monetary claims
Section 72(1)—delete "suits" and
substitute:
actions
181—Amendment of section 75—Forfeiture of tenement
Section 75(6)(b)—delete "leave"
and substitute:
the permission
Part 58—Amendment of Optometrists Act 1920
182—Repeal of sections 42 to 44
Sections 42 to 44 (inclusive)—delete the sections
Part 59—Amendment of Partnership Act 1891
183—Amendment of section 74—Certain convicted offenders not to carry on business as general partners
(1) Section 74(1)—delete "leave of" and
substitute:
permission from
(2) Section 74(2)—delete "leave of"
and substitute:
permission from
(3) Section 74(4)—delete "leave" and
substitute:
permission
Part 60—Amendment of Police (Complaints and Disciplinary
Proceedings) Act 1985
184—Amendment of section 40—Proceedings before the Tribunal
Section 40(5)(b)—delete "by
leave" and substitute:
with the permission
185—Amendment of section 43—Reference of question of law
Section 43—delete "state a case on
any" and substitute:
refer a
Part 61—Amendment of Powers of Attorney and Agency
Act 1984
Section 9—delete "leave" and
substitute:
permission
Part 62—Amendment of Public Trustee Act 1995
187—Amendment of section 9—Administration of deceased estate
Section 9(4)—delete "ex parte"
and substitute:
without notice
188—Amendment of section 14—Appointment as executor or trustee
(1) Section 14(2)—delete "leave" and
substitute:
permission
(2) Section 14(3)—delete "leave" and
substitute:
permission
189—Amendment of section 32—Public Trustee's duties with respect to unclaimed money or land
Section 32(2)—delete "by leave"
and substitute:
with the permission
190—Amendment of section 34—Appointment as manager of unclaimed property
Section 34(2)—delete "ex parte"
and substitute:
without notice to any person
191—Amendment of section 37—Public Trustee may apply to Court for directions
Section 37(1)—delete "ex parte"
and substitute:
without notice to any person
Part 63—Amendment of Racing (Proprietary Business
Licensing) Act 2000
192—Amendment of section 43—Finality of Authority's decisions
(1) Section 43(1)(c)—delete "by
leave" and substitute:
with the permission
(2) Section 43(3)—delete "leave" and
substitute:
permission
193—Amendment of section 47—Reasons for decision
Section 47(2)—delete "by leave"
and substitute:
with permission
Part 64—Amendment of Real Property Act 1886
194—Amendment of section 3—Interpretation
Section 3(1), definition of Court,
(c)—delete ", Part 17 and Schedule 21" and substitute:
and Part 17
195—Amendment of section 24—Registrar-General not to be liable for acts done bona fide
Section 24—delete ", suit"
196—Amendment of section 45—Lapse of caveat
Section 45—delete "by leave" and
substitute:
with the permission
197—Amendment of section 80F—Caveats
Section 80F(6)—delete "by leave"
and substitute:
with the permission
198—Amendment of section 181—Proceedings when executor etc refuse to transfer
Section 181—delete "may, by motion or
summons before the Court, apply" and substitute:
may apply to the Court
199—Amendment of section 191—Caveats
(1) Section 191(d)—delete paragraph (d) and
substitute:
(d) Persons interested may summon caveator
the registered proprietor or any other person claiming estate or
interest in the land may, by summons, call on any caveator, including the
Registrar-General, to attend before the Court to show cause why the caveat
should not be removed; and the Court may, after allowing the parties a
reasonable opportunity to be heard, make such order as appears just in the
circumstances; (if the caveator does not appear in response to the summons, the
Court may, if satisfied that the summons was duly served, proceed to hear and
determine the application in the caveator's absence);
(2) Section 191—after paragraph (f) insert:
(fa) Action to establish validity of claim
a caveator may bring an action in the Court to establish the
validity of the claim on which the caveat is based;
(3) Section 191(g)—delete paragraph (g) and
substitute:
(g) Caveator may apply to Court for order to
extend time
the Court may, on the caveator's application, extend the period of
21 days until an action under paragraph (fa) is determined or for any
other period;
(4) Section 191(k), heading—delete
"leave" and substitute:
permission
(5) Section 191(k)—delete "leave" and
substitute:
permission
200—Substitution of section 223
Section 223—delete the section and
substitute:
223—Registrar-General
may refer question of law
(1) The
Registrar-General may refer a question of law arising with regard to the
exercise of the Registrar-General's powers and functions under this Act for the
opinion of the Court.
(2) The
Court's decision on a question referred under this section is binding on the
Registrar-General.
201—Repeal of sections 224 and 225
Sections 224 and 225—delete the sections
202—Amendment of section 260—Valuable consideration may be proved by prior instruments
Section 260—delete ", suit" wherever occurring
Schedule 21—delete the Schedule
Part 65—Amendment of Recreational Greenways
Act 2000
204—Amendment of section 19—Enforcement of agreement
Section 19(3)(a)—delete "an ex
parte application" and substitute:
an application without notice to the other party
Part 66—Amendment of Renmark Irrigation Trust
Act 1936
205—Amendment of section 105—Power of sale
(1) Section
105(1)—delete "by petition"
(2) Section 105(2)(a)—delete "comprised in
the petition" and substitute:
to which the application relates
Section 107—delete "petition"
and substitute:
application
207—Amendment of section 111—Application of proceeds
Section 111—delete "petition"
and substitute:
application
208—Amendment of section 114—Power to lease property for arrears of rates
Section 114(8)—delete "motion"
and substitute:
application
209—Amendment of section 162—No action against candidate for costs or expenses of election
Section 162—delete ", suit,"
210—Amendment of section 168—Incomplete works
Section 168—delete "made without action and either by summons
or by motion upon notice to the claimant,"
211—Amendment of section 212—Actions against members
Section 212(3)—delete "of suit"
212—Substitution of Schedule 9
Schedule 9—delete the Schedule and
substitute:
Schedule 9—Notice
to owners etc
Part 67—Amendment of Royal Commissions Act 1917
213—Repeal of sections 26 and 27
Sections 26 and 27—delete the sections
Part 68—Amendment of Settled Estates Act 1880
214—Amendment of section 22—Application to exercise powers conferred by Act
Section 22—delete "by petition in a summary way"
Section 28—delete "petition" and
substitute:
application
216—Amendment of section 30—Notice of application to be given in newspapers if Court directs
Section 30—delete "by summons or
motion for leave" and substitute:
for permission
Section 34(1)—delete "ex parte"
and substitute:
without notice to
218—Amendment of section 35—Trustees may apply money in certain cases without application to Court
Section 35—delete "upon the
petition" and substitute:
on the application
Section 37—delete "petition" and
substitute:
application
Part 69—Amendment of Sewerage Act 1929
220—Amendment of section 94—Lands may be sold when rates etc in arrear
Section 94(2)(b)—delete
"petition" and substitute:
application
221—Amendment of section 105—Tender of amends
Section 105(2)—delete "by leave"
and substitute:
with the permission
Part 70—Amendment of South Australian Co-operative and
Community Housing Act 1991
222—Amendment of section 74—Winding up
Section 74(7)—delete "leave" and
substitute:
permission
Part 71—Amendment of Strata Titles Act 1988
223—Amendment of section 41A—Resolution of disputes etc
Section 41A(3)—delete "leave"
and substitute:
the permission
224—Amendment of Schedule 2—Transitional provisions
Schedule 2, clause 5(4)(b)—delete "leave"
and substitute:
permission
Part 72—Amendment of Summary Offences Act 1953
225—Amendment of section 33—Indecent or offensive material
Section 33(9)—delete "of its own
motion" and substitute:
on its own initiative
226—Amendment of section 74BB—Fortification removal order
Section 74BB(3)—delete "an ex
parte application" and substitute:
an application made without notice to any person
Part 73—Amendment of Summary Procedure Act 1921
227—Amendment of section 57—Issue of summons
Section 57(2)(a)—delete "ex parte"
and substitute:
in the absence of the defendant
228—Amendment of section 62—Proceedings on non-appearance of defendant
Section 62—delete "ex parte"
wherever occurring and substitute in each case:
in the absence of the defendant
229—Amendment of section 62A—Power to proceed in absence of defendant
Section 62A(1)—delete "ex parte"
and substitute:
in the absence of the defendant
Section 62BA(1)—delete "ex parte
to adjudicate upon the complaint" and substitute:
to adjudicate on the complaint in the absence of the defendant
231—Amendment of section 62C—Proceedings in absence of defendant
Section 62C(1)—delete "an ex parte
hearing" and substitute:
a hearing in his or her absence
232—Amendment of section 99F—Variation or revocation of restraining order
Section 99F(1a)—delete "leave"
wherever occurring and substitute in each case:
permission
233—Amendment of section 99J—Complaints or applications by or on behalf of child
Section 99J(a)—delete "leave"
and substitute:
permission
234—Amendment of section 106—Taking of evidence at preliminary examination
(1) Section 106(1)(b)(ii)—delete
"leave" and substitute:
permission
(2) Section 106(1)(c)—delete "by
leave" and substitute:
with the permission
(3) Section 106(3)—delete "leave"
wherever occurring and substitute in each case:
permission
Part 74—Amendment of Supported Residential Facilities
Act 1992
235—Amendment of section 20—Associated provisions relating to exercise of jurisdiction by Court
Section 20(1)(b)—delete "by
leave" and substitute:
with the permission
Part 75—Amendment of Trade Standards Act 1979
236—Amendment of section 37—Defences
Section 37(2)—delete "leave" and
substitute:
permission
Part 76—Amendment of Trustee Act 1936
237—Amendment of section 25B—Power of Court to authorise alterations and repairs
(1) Section
25B(1)—delete "ex parte or otherwise"
(2) Section 25B—after subsection (1) insert:
(1a) The
Supreme Court may require that notice be given of an application under
subsection (1) to any person who has, in the opinion of the Court, a
proper interest in the matter (but an order may be made, if the Court thinks
fit, although no notice has been given of the application).
238—Amendment of section 29—Distribution of estate after notice by representative or trustee
(1) Section
29(4)—delete "ex parte or otherwise,"
(2) Section 29—after subsection (4) insert:
(5) The
Supreme Court may require that notice be given of an application under
subsection (4) to any person who has, in the opinion of the Court, a
proper interest in the matter (but an order may be made, if the Court thinks
fit, although no notice has been given of the application).
239—Amendment of section 49—Power for Court to authorise purchase of trust property by trustee
(1) Section
49—delete ", ex parte or otherwise,"
(2) Section 49—after its present contents as
amended by this section (now to be designated as subsection (1)) insert:
(2) The
Supreme Court may require that notice be given of an application under
subsection (1) to any person who has, in the opinion of the Court, a
proper interest in the matter (but an order may be made, if the Court thinks
fit, although no notice has been given of the application).
240—Amendment of section 60—Applications to Supreme Court
(1) Section 60(1)—delete "present a
petition" and substitute:
apply
(2) Section 60(1)—delete "praying"
and substitute:
seeking
(3) Section 60(2)—delete "A petition may
be presented" and substitute:
An application may be made
241—Substitution of sections 61 and 62
Sections 61 and 62—delete the sections and
substitute:
61—Application
to be accompanied by affidavit
An application must be accompanied by an affidavit made by 1 of
the persons making the application or a person who can swear positively to the
facts, verifying the application and the grounds on which the proposed relief
is sought.
62—Application
to be heard in open court
An application must be heard in open court.
242—Amendment of section 63—Evidence may be brought by affidavit or otherwise
(1) Section 63(1)—delete "Any
petitioner" and substitute:
An applicant
(2) Section 63(1)—delete "petition"
wherever occurring and substitute in each case:
application
(3) Section 63(1)—delete "upon any
petitioner" and substitute:
on an applicant
243—Amendment of section 64—Service of application and copy of affidavit
Section 64—delete "petition"
wherever occurring and substitute in each case:
application
244—Amendment of section 65—Attorney-General may address court at hearing
Section 65—delete "petition" and
substitute:
application
245—Amendment of section 66—Person may address court with permission of Judge
(1) Section 66—delete "leave" and
substitute:
permission
(2) Section 66—delete "petition"
wherever occurring and substitute in each case:
application
246—Amendment of section 67—Powers of court in dealing with application
Section 67—delete "upon the
petition" and substitute:
on the application
247—Amendment of section 68—Court may order costs
Section 68—delete "any
petitioner" and substitute:
an applicant
248—Amendment of section 84C—Appointment of inspector
Section 84C(1)—delete "of its own
motion" and substitute:
on its own initiative
249—Amendment of section 85—Commission concerning person of unsound mind
(1) Section 85—delete "Upon any
petition" and substitute:
On an application
(2) Section 85—delete "such petition"
and substitute:
the application
250—Amendment of section 90—Parties entitled may apply to Court by summons
(1) Section
90(1)—delete "or upon petition"
(2) Section
90(1)—delete "or petition"
251—Amendment of section 92—Power to make order in action or matter
Section 92—delete "either upon the hearing of the action or
any petition or motion in the action or matter,"
Part 77—Amendment of Unauthorised Documents
Act 1916
252—Repeal of sections 9 to 11
Sections 9 to 11(inclusive)—delete the sections
Part 78—Amendment of Upper South East Dryland Salinity
and Flood Management Act 2002
253—Amendment of section 29—Civil remedies
(1) Section 29(6)—delete "ex parte"
and substitute:
without notice to the respondent
(2) Section 29(6)—delete "leave" and
substitute:
permission
(3) Section 29(8)(a)—delete "an ex
parte application" and substitute:
an application made without notice to the respondent
254—Amendment of section 30—Interim restraining orders to prevent environmental harm
Section 30(4)—delete "ex parte"
and substitute:
without notice to the person in relation to whom the order is
sought
Part 79—Amendment of Waterworks Act 1932
255—Amendment of section 59—Waste material from gasworks
Section 59—delete "of suit"
256—Amendment of section 98—Power to sell land
Section 98(2)(b)—delete
"petition" and substitute:
application
Part 80—Amendment of Wills Act 1936
(1) Section 7(1)—delete "leave" and
substitute:
permission
(2) Section 7(7)(b)—delete "leave"
and substitute:
permission
Part 81—Amendment of Workers Rehabilitation and
Compensation Act 1986
258—Substitution of heading to Part 6 Division 10
Heading to Part 6 Division 10—delete the
heading and substitute:
Division 10—Appeals and references of
questions of law
259—Amendment of section 86A—Reference of question of law
(1) Section 86A(1)—delete subsection (1) and
substitute:
(1) A
Full Bench of the Tribunal may refer a question of law for the opinion of the
Full Court of the Supreme Court.
(2) Section
86A(2)—delete subsection (2)
(3) Section 86A(3)—delete "case
stated" and substitute:
reference
(4) Section 86A(3)(b)—delete "case"
and substitute:
matter
260—Amendment of section 95—Costs
Section 95(1)(b)—delete "case
stated" and substitute:
a reference of a question of law