Page 1678 - Week 05 - Tuesday, 3 May 2011

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provide appropriate flexibility for parties to determine the most appropriate jurisdiction in individual civil matters, having regard to factors such as complexity, consequence, listing time frames and the nature of the Magistrates Court as a court of summary justice.

I am sympathetic to the views of both the Law Society and the Bar Association, particularly to the arguments outlined by the society. Those arguments certainly were much more fulsome than the arguments which were put forward by the government, which was really a take it or leave it statement. On balance, however, I am satisfied that the Magistrates Court is sufficiently equipped and experienced to deal with civil matters within the limits proposed by the government.

Part 1.17, amendments 1.37 and 1.38, by leave, taken together and agreed to.

Part 1.17, amendment 1.38A.

MRS DUNNE (Ginninderra) (11.16): I move amendment No 17 circulated in my name [see schedule 1 at page 1733].

This amendment is merely consequential on the passage of amendment No 9.

Part 1.17, amendment 1.38A agreed to.

Part 1.17, amendment 1.39.

MRS DUNNE (Ginninderra) (11.17): I move amendment No 18 circulated in my name [see schedule 1 at page 1733].

Amendment 18 is, again, a consequential amendment to the new section 291K of the Magistrates Court Act, which inserts reference to the new “section 374 (Summary disposal of certain cases at prosecutor’s election)”.

Amendment agreed to.

Part 1.17, amendment 1.39, as amended, agreed to.

Part 1.17, amendments 1.40 and 1.41, by leave, taken together and agreed to.

Part 1.17, amendment 1.42.

MRS DUNNE (Ginninderra) (11.18): I move amendment No 19 circulated in my name [see schedule 1 at page 1733]. This is a consequential amendment. It deals with transition provisions which are no longer required.

Amendment agreed to.

Part 1.17, amendment 1.42, as amended, agreed to.

Part 1.17, amendment 1.43 agreed to.

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