Section 41 — Determination of appeals — Local Court Act 2007 (New South Wales) — Barrister AI

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Section 41 — Determination of appeals — Local Court Act 2007 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Definitions s 4Regulations s 5Repeal and savings and transitional provisions s 6Review of Act s 7Constitution of the Court s 8Single Judge to constitute the Court s 9Jurisdiction s 10Divisions of the Court s 11State-wide jurisdiction s 12Composition of the Court s 13Appointment and qualifications of Judges s 14The Chief Judge s 15Deputy Chief Judges s 16Acting Judges s 17Assessors s 18Registrars and deputy registrars s 19Registrar’s functions generally s 20Exercise of functions by registrars, assistant registrars and other officers of the District Court s 21References to registrars s 22Sittings of the Court s 23Arrangement of business of the Court s 24Contempt of court s 24ADisrespectful behaviour in Court s 25Local Court Rule Committee s 26Rules generally s 27Practice notes s 28Court may give directions in circumstances not covered by rules s 29Jurisdictional limit of Court s 29AMoney claim—meaning s 30Conferral of jurisdiction s 31Jurisdictional limits may be exceeded for certain money claims s 32Jurisdiction in proceedings for review of contracts s 33Certain jurisdiction excluded s 34Jurisdiction when cause of action or defendant outside the State s 34AJurisdiction in company title home unit disputes s 35Procedure generally in Small Claims Division s 36Conciliation of parties s 37Costs in Small Claims Division s 38Judgments and orders final s 39Appeals as of right s 40Appeals requiring leave s 41Determination of appeals s 42Rules in civil jurisdiction s 43Definitions s 44Application of Part s 45Commencement of proceedings by application notice s 46Commencement of proceedings by police officer or public officer s 47Commencement of private actions s 48Application notice to be for one matter only s 49Service of application notice s 50When proceedings commence s 51Time limit for commencement of proceedings s 52Relationship to other law or practice s 53Time for hearing s 54Proceedings to be open to public s 55Change of venue s 56Right to defend action s 57Right of representation s 58Conduct of case s 59Evidence to be on oath s 60Recording of evidence s 61Adjournments s 62Irregularity s 63Power to dispense with rules s 64Power to stay proceedings s 65Arrest of respondent during proceedings s 66Witnesses and production of evidence s 67Warrants of arrest and warrants of commitment s 68Enforcement of orders for payment of money s 69Costs s 70Appeals s 71Rules in application proceedings s 72Forms s 1Part-time arrangements(cf LCA 1982, section 12A)s 2Government Sector Employment Act 2013 not to apply s 3Vacation of office(cf LCA 1982, section 20)s 4Continuation of proceedings after vacation of office(cf DCA, section 13 (8) and (9))s 5Effect of employment as Judge(cf LCA 1982, section 23)s 6Remuneration(cf LCA 1982, section 24)s 7Superannuation and leave—preservation of rights s 8Extended, annual and sick leave accrued or accruing at time of appointment(cf LCA 1982, section 25A)s 9Conditions of service generally(cf LCA 1982, section 22)s 9ACashing out of pre-2002 extended leave entitlements s 10The Chief Judge s 10ARemuneration of Chief Judge who is District Court Judge s 10BSuperannuation entitlements of Chief Judge who is District Court Judge s 11Deputy Chief Judges(cf LCA 1982, section 15)s 12Acting Judges s 1Term of office(cf LCA 1982, clause 1 of Schedule 2)s 2Remuneration(cf LCA 1982, clause 2 of Schedule 2)s 3Appointment on full-time or part-time basis s 4Effect of employment as Assessor s 5Leave(cf LCA 1982, clause 4 of Schedule 2)s 6Effect of certain other Acts(cf LCA 1982, clause 3 of Schedule 2)s 7Vacation of office(cf LCA 1982, clause 6 of Schedule 2)s 8Removal from office(cf LCA 1982, clause 5 of Schedule 2)s 1Term of office(cf LCA 1982, sections 30 and 31)s 2Vacancy of office(cf LCA 1982, sections 30 and 31)s 3Deputies for members s 4Chairperson(cf LCA 1982, section 33)s 5Meetings(cf LCA 1982, section 34)s 6Quorum s 1Regulations s 2Definitions s 3Abolition of Local Courts s 4Continuation of judicial office s 5Continuation of other offices s 6Pending applications and proceedings under former Act s 7Special jurisdiction s 8Continuation of proceedings after Magistrate’s vacation of office s 9Designated places s 10General savings provision s 11References to a Local Court s 12Pending appeals s 13Member of Rule Committee appointed by Attorney General s 14Effect of amendments on current Chief Magistrate s 15Changes to the jurisdictional limit of the Court s 16Validation of 2005 Extended Leave Determination s 17Jurisdiction in company title home unit disputes s 18Remuneration of acting Magistrates s 19Changes to jurisdictional limit s 20Existing proceedings s 21Bail decisions made by registrar or authorised officer continue in force s 22Definitions s 23Abolition of offices of Chief Magistrate, Deputy Chief Magistrate and Magistrate s 24Appointment to new offices s 25Abolition of former offices has no effect on proceedings s 26Continuing effect of things done before commencement of amending Act s 27Continuation of positions relating to former offices s 28Judicial oaths s 29Construction of references to retired office holders s 30Construction of references to former offices

Section Whole Act

Back44 / 134Forward

41

Determination of appeals

Current

41 Determination of appeals

(1)

The Supreme Court may determine an appeal made under section 39 (1) or 40—

(a)

by varying the terms of the judgment or order, or

(b)

by setting aside the judgment or order, or

(c)

by setting aside the judgment or order and remitting the matter to the Local Court for determination in accordance with the Supreme Court’s directions, or

(d)

by dismissing the appeal.

(2)

The District Court may determine an appeal made under section 39 (2)—

(a)

by varying the terms of the judgment or order, or

(b)

by setting aside the judgment or order, or

(c)

by setting aside the judgment or order and remitting the matter to the Local Court for determination in accordance with the District Court’s directions, or

(d)

by dismissing the appeal.

This Act’s bill:Explanatory memorandum Second reading speech

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