LAW REFORM (LAW AND EQUITY) ACT 1972 - As at 22 December 1999 - Act 28 of 1972 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Act 2. Commencement 3. Repeal and amendment 4. Application 5. Rules of equity to prevail 6. Defence in inferior court 7. Jurisdiction as to relief not enlarged LAW REFORM (LAW AND EQUITY) ACT 1972 - LONG TITLE An Act to provide that the rules of equity shall prevail over the rules of the common law in cases of conflict or variance; to extend the defences available in inferior courts; to repeal certain sections of the District Courts Act 1912 and the Supreme Court Act 1970; and for purposes connected therewith. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 1 Name of Act 1 Name of Act This Act may be cited as the Law Reform (Law and Equity) Act 1972. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 2 Commencement 2 Commencement This Act shall commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 3 Repeal and amendment 3 Repeal and amendment (1) Section seventy-four of the District Courts Act 1912 is repealed, but this repeal does not affect proceedings commenced in a district court before the commencement of this Act. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 4 Application 4 Application Sections 5, 6 and 7 do not apply in proceedings commenced in any court before the commencement of this Act, but do apply in proceedings commenced after the commencement of this Act, no matter when the events happen which give rise to the proceedings. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 5 Rules of equity to prevail 5 Rules of equity to prevail In all matters in which there was immediately before the commencement of this Act or is any conflict or variance between the rules of equity and the rules of common law relating to the same matter, the rules of equity shall prevail. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 6 Defence in inferior court 6 Defence in inferior court Every inferior court shall in every proceeding before it give such and the like effect to every ground of defence, equitable or legal, in as full and ample a manner as might and ought to be done in the like case by the Supreme Court under the Supreme Court Act 1970. LAW REFORM (LAW AND EQUITY) ACT 1972 - SECT 7 Jurisdiction as to relief not enlarged 7 Jurisdiction as to relief not enlarged This Act does not enlarge the jurisdiction of any court as regards the nature or extent of the relief available in that court, but any court may, for the purpose of giving effect to sections 5 and 6, postpone the grant of any relief, or grant relief subject to such terms and conditions as the nature of the case requires. LAW REFORM (LAW AND EQUITY) ACT 1972 - NOTES Reprint history: Reprint No 1 19 February 1976 Reprint No 2 8 October 1979 LAW REFORM (LAW AND EQUITY) ACT 1972 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsLaw Reform (Law and Equity) Act 1972 No 28. Assented to 11.4.1972. Date of commencement, 1.7.1972, sec 2 and GG No 59 of 2.6.1972, p 2018. This Act has been amended as follows: ____________________________________________________________ | | |Statute Law (Miscellaneous Provisions) | |1999|No 85|Act (No 2) 1999. Assented to 3.12.1999. | | | | | |____________________________________________________________| This Act has been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 2.10.1979, and published in GG No 138 of 5.10.1979, p 5009, declaring that the Law Reform (Law and Equity) Act 1972 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply. Table of amendments ___________________________ |___________________________|