Property (Relationships) Regulation 2020 (2020-319) (NSW)

Property (Relationships) Regulation 2020

Part 1 Preliminary

1 Name of Regulation This Regulation is the Property (Relationships) Regulation 2020.

2 Commencement This Regulation commences on the day on which it is published on the NSW legislation website.

Note— This Regulation repeals and replaces the Property (Relationships) Regulation 2015, which would otherwise be repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— judgment of the Local Court means a judgment of the Local Court in its civil jurisdiction. maintenance order means an order for maintenance under Part 3 of the Act. periodic maintenance order means an order for periodic maintenance under Part 3 of the Act. the Act means the Property (Relationships) Act 1984.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1. (3) Notes included in this Regulation do not form part of this Regulation.

Part 2 Proceedings before Local Court

4 Application of Part This Part applies to proceedings that are dealt with by the Local Court.

5 Record of proceedings (1) Wherever practicable, all proceedings in the Local Court in its exercise of jurisdiction under the Act must be fully recorded. (2) Proceedings are to be transcribed only if a Magistrate or registrar of the Local Court so orders.

6 Directions as to practice and procedure (1) The Local Court may give directions it considers necessary with respect to the practice or procedure to be followed in a particular case if it is satisfied— (a) that the Act or this Regulation does not make adequate provision for the practice or procedure to be followed in that case, or (b) that a difficulty arises or doubt exists as to the practice or procedure to be followed in that case. (2) Any directions must seek to facilitate a speedy and inexpensive hearing of the matters in issue between the parties and must be consistent with the Act and this Regulation.