Contents

Appendix 5
List of recommendations

Chapter 14 – Other provisions in the Judicature Act 1908

R69 Section 99 of the Judicature Act 1908 (In cases of conflict rules of equity should prevail) should be retained in new courts legislation.

R70The following provisions of the Judicature Act 1908 should not be carried over into new courts legislation:
  • Section 18 (Crimes before 1840);
  • Section 23 (Special sittings of the High Court);
  • Section 26IB (Video link); and
  • Section 54B (Discharge of juror or jury).
R71 An absconding debtors provision should be carried over into new courts legislation, drafted in similar terms to section 109 of the District Courts Act 1947, but with the maximum amount of security increased to an amount not exceeding the amount claimed in the proceeding.

R72 The maximum fine in new courts legislation for failing to respond to a witness summons should be increased to $1,000.
R73 Section 94 of the Judicature Act 1908 (Effect of joint judgments) should be retained in new courts legislation and clarified by cross-referencing it with section 17(5) of the Law Reform Act 1936.

R74 Section 98A of the Judicature Act 1908 (Proceedings in lieu of writs) should be retained in new courts legislation but redrafted in accessible and clear language.

R75 Section 26P of the Judicature Act 1908 (Review of, or appeals against, decisions of Associate Judges) should be re-enacted, unchanged, in new courts legislation, pending a review of appellate pathways generally.