Ongoing proceedings
86 Ongoing proceedings
On the commencement, proceedings currently before the old Local
Court or Court of Summary Jurisdiction become proceedings before the new Local Court.
Those proceedings continue uninterrupted and, subject to subsections (3) and (4), are not affected by the enactment of this
Act or the Local Court (Repeals and Related Amendments) Act 2016.
If, as a result of the enactment of this Act or the Local
Court (Repeals and Related Amendments) Act 2015, the procedure applicable to the proceedings after the commencement (the
new procedure) is different from that which would have applied had those Acts not been enacted (the old procedure), the proceedings are to be conducted in accordance with the new procedure.
However, if the Court is satisfied that conducting the proceedings in accordance with the new procedure would be unfair on a party to the proceedings, the Court may conduct the proceedings in accordance with the old procedure to the extent the Court thinks fit.
This Act’s bill:Explanatory statement
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