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For example, the Uniform Civil Procedure Rules 2005 (NSW) and Uniform Civil Procedure Rules 1999 (Qld) are quite different. In Queensland, the rules were intended to be "uniform, so far as practicable, for all three courts in the State stream" [ 5 ] – that is, to unify the procedure of the Supreme , District and Magistrates Court , not ...
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales.Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters.
The most common functions performed by a justice of the peace in New South Wales are to witness the signing of a statutory declaration, witness the signing of an affidavit and certify that a copy of an original document is a true copy. [24] JPs are appointed by the Governor of New South Wales for five-year terms.
The Coroner's Court of New South Wales is the court in the Australian state of New South Wales where legal proceedings, in the form of an inquest or inquiry, are held and presided over by the State Coroner of New South Wales (or NSW State Coroner), a Deputy State Coroner of New South Wales, or another coroner of the state of New South Wales.
President Industrial Commission of NSW (1981–1998) Acting Judge of the District Court of NSW 1998-2002 [149] Malcolm McLelland: 30 July 1979: 29 August 1997: 18 years, 30 days: Andrew Rogers: 14 December 1979: 3 May 1993: 13 years, 140 days: Donald Stewart: 24 June 1981: 31 December 1984: 3 years, 190 days: Judge of the District Court of NSW ...
In New South Wales, a court may set aside the whole, or part, of a subpoena on the basis that it is a "fishing expedition".In Lowery v Insurance Australia Ltd, the NSW Court of Appeal held that where documents requested in the schedule of a subpoena are deemed to have no relevance to the proceedings in dispute, the subpoena may be set aside as it has no legitimate forensic purpose.
Australia has no constitutional protection for the right to silence, [2] but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination. [3]
Power was admitted as a barrister and worked for 16 years as a prosecutor in serious criminal cases (including sex cases). He was also the chairperson of the New South Wales Youth Justice Advisory Committee and Power was instrumental in promoting and helping draft the Young Offenders Act 1997 (NSW) which instituted restorative justice conferencing for young offenders.