Page 1404 - Week 05 - Thursday, 13 May 1993
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the justification for restricting nervous shock actions to the Supreme Court when the Law Reform (Miscellaneous Provisions) Act was drafted in 1955, I am satisfied that there are now no logical reasons for treating this class of action differently from any others. On the contrary, and as the Law Society has said, there are significant advantages in amending the law as proposed. The amendments contained in this Bill will improve access to justice and reduce the cost of litigation in this area of the law because bringing an action in the Magistrates Court is more straightforward and less costly than if the same action was brought in the Supreme Court. Madam Speaker, I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Humphries) adjourned.
JURISDICTION OF COURTS (CROSS-VESTING) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.57): Madam Speaker, I present the Jurisdiction of Courts (Cross-Vesting) Bill 1993.
Title read by Clerk.
MR CONNOLLY: Madam Speaker, I move:
That this Bill be agreed to in principle.
The purpose of this Bill is to provide for Australian Capital Territory participation in the national cross-vesting scheme on the same basis as the States and the Northern Territory. The national cross-vesting scheme came into operation on 1 July 1988. The scheme is embodied in the Commonwealth Jurisdiction of Courts (Cross-Vesting) Act 1987 and parallel legislation in all the States and the Northern Territory. Currently the Australian Capital Territory participates in the cross-vesting scheme through the operation of the Commonwealth Act. Since the Australian Capital Territory acquired self-governing status, and particularly since responsibility for the Supreme Court has been transferred to the Australian Capital Territory, this is no longer appropriate.
The Bill now before the Assembly is the result of the agreement of the Standing Committee of Attorneys-General to the Australian Capital Territory participating in the cross-vesting scheme in its own right. The Australian Capital Territory Act will commence on the same day as the complementary amendments to the Commonwealth Act commence. It is anticipated that the amendments to the Commonwealth Act will be introduced into the Commonwealth Parliament no later than the budget sittings this year and that they will commence by proclamation shortly thereafter. In addition, there will be complementary amendments made to the cross-vesting legislation of the States and the Northern Territory to recognise participation of the Australian Capital Territory in its own right.
Originally the national cross-vesting scheme was developed by the Special Committee of Solicitors-General and approved by the Standing Committee of Attorneys-General as the most realisable and effective means of removing jurisdictional disputes across Australia. The national scheme has been important because it has removed uncertainties as to the jurisdictional limits of State, Territory and Federal courts, particularly in the area of trade practices and family law.
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