Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 9 Hansard (4 September) . . Page.. 2876 ..

MR HUMPHRIES (continuing):

Currently, no provision is made for the cessation of matters in which no action has been taken by an applicant for a lengthy period. It is not uncommon for proceedings to be commenced and for the parties to settle the matter without further recourse or notification to the court. The Bill provides for the registrar to strike out applications to the court in which no action has occurred for 18 months. This will allow the registrar to remove inactive matters from the court's files.

Other key elements of the Bill are: The repeal of the Small Claims Act 1974; the capacity of the Territory Executive to appoint a legally qualified member of the staff of the Magistrates Court, or of another court, to the office of referee, who may determine matters where the amount involved is no more than $1,000; the capacity of the court to dismiss frivolous and vexatious claims; the ability of a party to proceedings to be represented by another person without the leave of the court; the inclusion of a procedure which allows a respondent to admit liability and for the registrar to then enter judgment for the applicant; and the provision for the court to have limited power to award costs where litigants have incurred out-of-pocket expenses unnecessarily due to the conduct of the other party.

The Magistrates Court (Civil Jurisdiction) (Amendment) Bill extends the jurisdiction of the Small Claims Court, modernises the legislation and represents an advance in the rationalisation of the legislation providing for the Territory's courts. I commend the Bill to members.

Debate (on motion by Mr Wood) adjourned.

MR HUMPHRIES (Attorney-General) (10.39): Mr Speaker, I present the Mediation Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: I move:

That this Bill be agreed to in principle.

Members will recall that I introduced the Mediation Bill on 10 April 1997. Following the introduction of the Bill, I received comments on some of its provisions from various agencies which provide mediation services in the Territory. The Government is keen that the Mediation Act, when enacted, should reflect the best practice favoured by professionals in providing mediation services, and thus achieve the highest possible degree of consumer satisfaction. It has therefore decided to amend the Bill in a number of ways

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .