Court Procedures Act 2007 (NI)

NORFOLK ISLAND

Court Procedures Act 2007

No. 13, 2007

Compilation No. 3

Compilation date: 5 August 2017

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

NORFOLK ISLAND

COURT PROCEDURES ACT 2007

[NB – certain sections are omitted but their numbering remains in order to maintain parity in section numbering with the Court Procedures Act 2004 of the Australian Capital Territory]

Contents Page Part 1 Preliminary 1 1 Name of Act 1 2 Commencement 1 3 Dictionary 1 4 Notes 1 5 Objects of Act 1 Part 2 Court rules and forms 2 6 Definition for Part 2 and Schedule 1 2 7 Rule-making power 2 8 Approved forms 2 9 Rule-making committee 3 10 Delegation by Chief Justice and Chief Magistrate 3 11 Advisory committee 3 Part 3 Court and tribunal fees 4 12 Definitions for Part 3 4 13 Determination of fees 4 14 Payment of fees 5 15 Remission, refund, deferral, waiver and exemption of fees 5 16 Recovery of fees in civil proceedings if fees not otherwise payable 6 17 Recovery of fees in criminal proceedings if fees not otherwise payable 7 18 Review of decisions 7 Part 4 Administration proceedings 8 Division 4.1 Preliminary 8 20 Definitions for Part 4 8 Division 4.2 Proceedings by and against Administration generally 8 21 Proceedings by and against the Administration generally 8 22 Immunities and limitations of liability 8 23 Corresponding laws of States and other Territories 8 24 Injunctive and declaratory relief 8 25 Protection of confidentiality on grounds of public interest 9 26 Right of Attorneys-General of other jurisdictions to appear in proceedings 9 27 Right of Minister to intervene in proceedings 9 28 Court fees and charges 10 29 Enforcement of judgments against Administration 10 30 Enforcement of judgments against Crown in right of a State or another Territory 11 31 Enforcement of judgments by the Administration 11 Division 4.3 Provisions applying only to the Administration 11 32 Endorsement, etc of originating process 11 35 Representation if right to legal representation restricted 11 Division 4.4 Other provisions 11 36 Exclusion of certain proceedings 11 37 Regulations for Part 4 12 Part 5 Court security 12 40 Definitions for Part 5 12 41 Right of entry, etc to court premises 13 42 Powers under Part additional to other powers 14 43 Security officer to be identified before exercising powers 14 44 Person may be required to state name, etc 14 45 Searches 15 46 Seizure and forfeiture of firearms, etc 15 47 Security officer may require thing that may hide firearms, etc to be left 15 48 Unlawful, disorderly conduct, etc 15 49 Contravention of requirement of security officer 16 50 Judge or magistrate may close court premises 17 51 Security officers 17 52 Identity cards for security officers 17 Part 6 Miscellaneous 18 53 Assignment of earnings not enforceable 18 54 Regulation-making power 19 55 Repeal 19 Part 7 Temporary provisions 19 Division 7.1 General 19 …. Division 7.2 Arrest on mesne process 19 62 Meaning of capias for Division 7.2 19 63 No arrest on mesne process except under Division 7.2 19 64 Order to hold to bail 19 65 Issue of writ of capias 20 66 Execution of writ 20 67 Order and arrest to be during pendency of action 20 68 Defendant to remain in custody until bail bond given or deposit made 20 69 Subsequent proceedings subject to rules of court 20 70 Application for order nisi for discharge 20 71 Proceedings on order nisi 20 72 Appeal 20 73 Discharge on bankruptcy 20 74 Expiry of Division 7.2 20 Division 7.3 Attachment of earnings 21 76 Definitions for Division 7.3 21 77 Limitation on attachment of wages 21 78 Expiry of Division 7.3 21 Division 7.4 Stay of proceedings 21 80 Stay of proceedings 21 81 Stay of execution 22 82 Rescission or variation of previous direction or order 22 83 Expiry of Division 7.4 22 Division 7.5 Set-off of debts 22 84 Mutual debts to be set one against the other 22 85 Exception 23 86 Expiry of Division 7.5 23 Division 7.6 Judgment creditors remedies 23 87 Limitation of arrest under ca. sa. 23 88 Fraudulent concealment or intended departure 23 89 Exception for certain actions 23 90 Ca. sa. to fix bail 23 91 Liability for escape 24 92 Discharge of judgment debtor on authority of lawyer 24 93 Ca. sa. may be executed on Sunday 24 94 Expiry of Division 7.6 24 Part 8 Transitional 24 104 Modification of Part 8's operation 24 105 Expiry of Part 8 24