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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 714 ..


136A Interim orders

(1) This section applies if, at any time after an application (the original application ) is made to the Magistrates Court for resolution of a dispute, a person who has a direct interest in the dispute (the applicant ) applies to the court for an interim order.

(2) If the Magistrates Court is satisfied that, if an interim order were not made, the applicant would suffer detriment, the court may make an appropriate interim order to safeguard the position of the applicant.

(3) If the person against whom the interim order is made is not present at the making of the order, the registrar must serve a copy of the order on the person as soon as practicable after the order is made.

(4) The interim order remains in force until the earlier of the following:

(a) the Magistrates Court revokes the order;

(b) the court makes an order (other than an interim order) on the original application.

(5) On application by the applicant or any other person who has a direct interest in the dispute, the Magistrates Court may vary or revoke the interim order.

11

Proposed new clause 136B

Page 64, line 28-

Before clause 137, insert the following new clause:

136B Power to grant relief

(1) The Magistrates Court may exercise any power to grant relief in relation to a dispute to which this Act applies that would be exercisable by the court under the Magistrates Court (Civil Jurisdiction) Act 1982 if that Act applied to the dispute, unless this Act expressly states otherwise.

(2) In addition to any other order the Magistrates Court may make, the court may do any or all of the following:

(a) reopen a lease and take whatever action it considers appropriate in the circumstances, including-

(i) varying the lease, whether by inserting new terms or otherwise; and

(ii) setting the lease aside, in part or whole;

(b) make any order required to enforce this Act;

(c) restrain a person from breaching a lease or contravening this Act;

(d) require performance of the terms of a lease or a provision of this Act;

(e) require the payment of compensation for loss caused by or resulting from a breach of a term of a lease or a contravention of a provision of this Act;

(f) restore a lease to a person and give the person possession of the premises-

(i) from which the person was evicted in contravention of this Act; or


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