District Court Act 1973 (NSW)

District Court Act 1973 No 9

An Act to establish a District Court of New South Wales, to provide for the appointment of, and the powers, authorities, duties and functions of, Judges and other officers of the Court, to empower the Court to hear and dispose of certain civil and criminal proceedings; to abolish the several District Courts and Courts of Quarter Sessions; to repeal the District Courts Act 1912 and certain other Acts; to amend the Crimes Act 1900 and certain other Acts; and for purposes connected therewith.

Part 1 Preliminary

1 Name of Act This Act may be cited as the District Court Act 1973.

2 Commencement This Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 (Repealed)

4 Definitions: general (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— action means action in the Court, but does not include any proceedings under Division 8 of Part 3 or under Part 4. admitted set-off, in relation to an action, means set-off admitted by the plaintiff in the document lodged by the plaintiff to commence the action or, where a defendant pleads a cross-claim, by the defendant in the prescribed notice of the cross-claim. Chief Judge means Chief Judge of the Court. civil procedure rules means rules of Court made and in force under Part 3. civil proceedings means proceedings in the Court in its civil jurisdiction. corporation includes any body of persons that may by law sue or be sued, whether in its own name or in the name of any officer or other person. criminal procedure rules means rules of Court made and in force under Part 4. criminal proceedings means proceedings in the Court in its criminal jurisdiction. file, in relation to any proceedings, means lodge with the registrar for the proper place in relation to the proceedings, for inclusion in the record of the Court. Judge means Judge of the Court. judgment, in relation to an action, means judgment given or entered up in the action. jurisdictional limit of the Court means $1,250,000. land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, and whatever may be the estate or interest therein, whether vested or contingent, whether freehold or leasehold, and whether at law or in equity. mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire.