Accident Insurance Act 1998 (1998 No 114)
[Repealed]The item relating to section 165 Accident Insurance Act 1998 was repealed, as from 24 November 2003, by section 4(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2003 No 29).
Repeal section 13(1) and substitute:
(1)
A party to proceedings in a District Court in its admiralty jurisdiction may appeal to the High Court against any decision of the District Court.
(1A)
The High Court Rules and sections 73 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
Repeal subsections (1) and (2) of section 154 and substitute:
(1AA)
This subsection applies to a decision of a District Court, on an application under section 147, to—
(a)
make or refuse to make a compliance order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(2)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
Repeal subsections (1) and (2) of section 153 and substitute:
(1AA)
This subsection applies to a decision of a District Court, on an application under section 143, to—
(a)
make or refuse to make an enforcement order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(2)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
Repeal subsections (1) to (3) of section 120 and substitute:
(1)
A party to the proceeding may appeal to the High Court against an order or declaration of a Family Court made under this Act.
(1A)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(2)
On the ex parte application of the appellant, the Family Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(2A)
Subsection (2) overrides subsection (1A).
(3)
The Commissioner may appeal to the High Court, on a question of law, against an order or declaration of a Family Court made under this Act in relation to any of the matters specified in sections 100 to 103 of this Act.
(3A)
The High Court Rules and sections 75 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (3) as if it were an appeal under section 72 of that Act.
Repeal sections 341 and 342 and substitute:
341 Rights of appeal against decisions of Family Courts
(1)
This subsection applies to a decision of a Family Court, in proceedings under this Act, to—
(a)
make or refuse to make an order (other than an interlocutory or interim order); or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(2)
A party to proceedings in which there is made a decision to which subsection (1) applies, a child or young person to whom the proceedings relate, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(3)
A party to proceedings under this Act in a Family Court in which an interlocutory or interim order is made, a child or young person to whom the proceedings relate, or any other person prejudicially affected by the order, may, with the leave of the Family Court, appeal to the High Court against the order.
(4)
An appeal under this section may be from the whole or part of the decision or order concerned.
Omit from section 343 the expression “section 341”
and substitute the expression “section 341(2)”
.
Omit from section 345(1) the expression “section 341”
and substitute the expression “section 341(2)”
.
Repeal section 346 and substitute:
346 Procedure on appeal
(1)
The High Court Rules and sections 74 to 77 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under section 341 as if it were an appeal under section 72 of that Act.
(2)
On the ex parte application of the appellant, the Family Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(3)
Sections 156, 157, and 166 to 169, with all necessary modifications, apply to the hearing in the High Court of an appeal under section 341.
(4)
Subsections (2) and (3) and sections 207O and 207U override subsection (1).
Repeal section 69(2) and substitute:
(2)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
Repeal subsections (1) to (3) of section 91 and substitute:
(1AA)
This subsection applies to a decision of a Court, in proceedings under this Act, to—
(a)
make or refuse to make an order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(2)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(3)
On the ex parte application of the appellant, the Court appealed from may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(3A)
Subsection (3) overrides subsection (2).
Repeal subsections (1) and (2) of section 14 and substitute:
(1)
A party to proceedings in a District Court on an application under section 13(3) may appeal to the High Court against any decision of the District Court.
(1A)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(2)
On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(2A)
Subsection (2) overrides subsection (1A).
Add to section 16:
(4)
Nothing in sections 73 to 79 of the District Courts Act 1947 applies to Family Courts, Family Court Judges, or the business of Family Courts, except to the extent that some enactment other than that Act provides.
Repeal subsections (1) and (2) of section 174 and substitute:
(1AA)
This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act (other than criminal proceedings or proceedings under section 130), to—
(a)
make or refuse to make an order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1A) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(1A)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(2)
On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(2A)
Subsection (2) overrides subsection (1A).
Insert in section 174, after subsection (3):
(3A)
Subsection (3) overrides subsection (1).
Insert in section 174, after subsection (4):
(4A)
Subsection (4) overrides subsection (1A).
Repeal subsections (1) and (2) of section 15 and substitute:
(1AA)
This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act, to—
(a)
make or refuse to make an order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1A) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(1A)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(2)
On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(2A)
Subsection (2) overrides subsection (1A).
Repeal subsections (1) and (2) of section 15 and substitute:
(1)
A party to proceedings under this Act on an application under section 14(3) may appeal to the High Court against any decision of the District Court.
(1A)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(2)
On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(2A)
Subsection (2) overrides subsection (1A).
Guardianship Act 1968 (1968 No 63)
Repeal sections 31 and 31A and substitute:
31 Appeals to High Court
(1)
This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act (other than criminal proceedings or proceedings under section 13 or section 14), to—
(a)
make or refuse to make an order (other than a interlocutory or interim order); or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(2)
A party to proceedings in which there is made a decision to which subsection (1) applies may appeal to the High Court against the decision.
(3)
A party to proceedings under this Act in a Family Court or District Court (other than criminal proceedings or proceedings under section 13 or section 14) in which an interlocutory or interim order is made may, with the leave of the Family Court or District Court (as the case requires), appeal to the High Court against the order.
(4)
Every application to a District Court under this section for leave to appeal under subsection (3) must be filed, in the manner prescribed under the District Courts Act 1947, within 21 days after the date on which the order appealed against is sealed.
(5)
On granting leave under this section, the District Court may give any directions it thinks fit as to the time by which any document relating to the appeal must be filed or served.
(6)
The High Court Rules and sections 73 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under this section as if it were an appeal under section 72 of that Act.
(7)
On the ex parte application of the appellant, the Family Court or District Court (as the case may be) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(8)
Subsection (7) overrides subsection (6).
31A Effect of High Court’s order or decision
Except as provided in section 31B(1)(b), an order or decision of the High Court on an appeal under section 31 is final.
Repeal subsections (1) to (3) of section 34 and substitute:
(1AA)
This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act (including, without limitation, proceedings under section 40), to—
(a)
make or refuse to make an order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1AA) applies may appeal to the High Court against the decision.
(2)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(3)
On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(3A)
Subsection (3) overrides subsection (2).
Omit from section 63(1)(a)(iii) the words “rules made under it”
, and substitute the words “the High Court Rules”
.
The item relating to section 162 Injury Prevention, Rehabilitation, and Compensation Act 2001 was repealed, as from 24 November 2003, by section 4(4) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003 (2002 No 29).
Repeal section 89(8) and substitute:
(8)
If a proof is for a sum of not more than $200,000, an application under any of subsections (4) to (6) may be made to a District Court; and in that case—
(a)
the High Court Rules and sections 71 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if the application were an action commenced pursuant to that Act and the amount of the proof in dispute were the amount of a claim:
(b)
the provisions of the District Courts Act 1947 as to transfers of proceedings to the High Court apply as if the application were an action commenced pursuant to that Act and the amount of the proof in dispute were the amount of a claim:
(c)
with the leave of the High Court, any party may appeal to the Court of Appeal from a decision of the High Court under this subsection.
Repeal subsections (1) to (3) of section 5A and substitute:
(1AA)
This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act, to—
(a)
make or refuse to make an order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(1)
A party to proceedings in which there is made a decision to which subsection (1AA) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(1A)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act.
(1B)
On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(1C)
Subsection (1B) overrides subsection (1A).
Repeal section 116(2) and substitute:
(2)
If the sum in dispute exceeds $5,000, any party to the dispute may appeal to the High Court against the District Court’s decision.
(3)
The High Court Rules and sections 73 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (2) as if it were an appeal under section 72 of that Act.
Repeal sections 39 and 39A and substitute:
39 Right of appeal to High Court
(1)
This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act, to—
(a)
make or refuse to make an order; or
(b)
dismiss the proceedings; or
(c)
otherwise finally determine the proceedings.
(2)
A party to proceedings in which there is made a decision to which subsection (1) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision.
(3)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (2) as if it were an appeal under section 72 of that Act.
(4)
On the ex parte application of the appellant, the Family Court or District Court (as the case requires) may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(5)
Subsection (4) overrides subsection (3).
(6)
If the appeal relates to proceedings commenced after the death of 1 of the spouses or de facto partners, this section is modified by section 93.
Omit from section 93 the expression “39(1)”
and substitute the expression “39(2)”
.
Repeal sections 83 and 83A and substitute:
83 Right of appeal to High Court
(1)
If, on an application for the exercise of the Court’s jurisdiction under this Act, the Court makes or refuses to make an order, or dismisses or otherwise finally determines the proceedings, a party to the proceedings or the person in respect of whom the application was made may appeal to the High Court against the order or other decision of the Court.
(2)
If the Court makes an interlocutory or interim order, a party to the proceedings or the person in respect of whom the application was made may, with the leave of the Court, appeal to the High Court against the order.
(3)
The High Court Rules and sections 74 to 78 of the District Courts Act 1947, with all necessary modifications, apply to an appeal under subsection (1) or subsection (2) as if it were an appeal under section 72 of that Act.
(4)
On the ex parte application of the appellant, the Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs.
(5)
Subsection (4) overrides subsection (3).
83A High Court’s decision final
[Repealed]The item relating to section 39 Protection of Personal and Property Rights Act 1988 was substituted, as from 24 November 2003, by section 3 District Courts Amendment Act 2003 (2003 No 70).
The item relating to section 83A Protection of Personal and Property Rights Act 1988 was omitted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.