New South Wales Consolidated Acts

SUITORS' FUND ACT 1951 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 8)

1 Determination of entitlement to payment before the commencement of the Suitors’ Fund (Amendment) Act 1987

The entitlement of the following persons to a payment from the Fund shall be determined having regard to the provisions specified in respect of those persons:

(a) a person who was granted an indemnity certificate under section 6 before the commencement of the Suitors’ Fund (Amendment) Act 1987 -the provisions of this Act as in force at the date of granting of the certificate,

(b) a person to whom a payment was or is authorised under section 6A in respect of proceedings rendered abortive, or a new trial ordered, before the commencement of the Suitors’ Fund (Amendment) Act 1987 -the provisions of this Act as in force at the date the proceedings were rendered abortive or the new trial was ordered,

(c) a person who was entitled to a payment from the Fund under section 6B in respect of a decision on an appeal on the ground that damages awarded were excessive or inadequate-the provisions of this Act as in force at the date of the decision.

2 Continuation of Act in relation to Privy Council appeals

(1) This Act applies to and in respect of an appeal from a decision of the Supreme Court made to the Queen in Council before the commencement of the Suitors’ Fund (Amendment) Act 1987 .

(2) For the purpose of subclause (1), this Act shall be deemed to have been amended:

(a) by the insertion of the following matter at the end of section 6 (1) (b):

, or

(c) to the Queen in Council from a decision of the Supreme Court on a question of law,

(b) by the insertion of the following paragraph after section 6 (2A) (b):

(b1) if it was granted in respect of an appeal to the Queen in Council from a decision of the Supreme Court-not exceed $20,000, or

(3) An application under section 6 shall not be granted in respect of an appeal to the Queen in Council unless it is made within 2 years after:

(a) the date of commencement of the Suitors’ Fund (Amendment) Act 1987 , or

(b) the date of the written decision on the appeal,

whichever is the later.

3 Transfer of money consequent on enactment of Courts Legislation Further Amendment Act 1998

(1) As soon as practicable after the commencement of Schedule 9 [1] to the amending Act, the balance standing to the credit of the account which, immediately before that commencement, was required by section 3 to be established in the Special Deposits Account in the Treasury, is to be transferred to the Attorney General’s Department Account and the account from which the balance is transferred is to be closed.

(2) The account established under subclause (1) is a continuation of, and is taken to be the same fund as, the Suitors’ Fund established and operating under section 3 of this Act immediately before the commencement of Schedule 9 [1] to the amending Act.

(3) In this clause, "amending Act" means the Courts Legislation Further Amendment Act 1998 .