South Australian Numbered Acts

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

STATUTES AMENDMENT (NEW RULES OF CIVIL PROCEDURE) ACT 2006 (NO 17 OF 2006)


TABLE OF PROVISIONS

           Long Title

   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 Full Court
   11.     Substitution of section 50
   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.     Amendment of 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 Magistrates Court Act 1991

   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     Amendment of section 39--On return of original executor or administrator, special administration to be rescinded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 Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981

   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
   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 Full Court
   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
   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

   PART 48--Amendment of Lottery and Gaming Act 1936

   163.    Amendment of section 92--Receiving money for betting

   PART 49--Amendment of Maralinga Tjarutja Land Rights Act 1984

   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 ERD Court for enforcement

   PART 54--Amendment of Natural Resources Management Act 2004

   172.    Amendment of section 201--Orders made by ERD Court

   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
   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

   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
   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 East Dryland Salinity and Flood Management Act 2002

   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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback