Judicature Act 1908

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23A Offices of the High Court

(1)

The Governor-General may from time to time, by notice in the Gazette, declare an office or offices of the court to be established at such place or places as may be specified in the notice, as from such date, in the case of each office, as may be so specified.

(1A)

[Repealed]

(2)

[Repealed]

(3)

Where any office of the court is abolished, the Minister of the Crown who is responsible for the Ministry of Justice may direct that all documents, books, and records in that office shall be delivered to some other office of the court (in this section referred to as the substituted office). From the time of their delivery to the Registrar of the substituted office, those documents, books, and records shall be deemed to be in the lawful custody of that Registrar.

(4)

Where any office of the court is abolished, the following provisions shall apply:

(a)

any act or thing that could have been done under any enactment or rule by the Registrar of that office may be done by the Registrar of the substituted office:

(b)

any step in any proceedings that would, but for the abolition of that office, have been taken there under any enactment or rule may be taken at the substituted office:

(c)

any act or thing required or authorised by any enactment or rule to be done by any person at that office, whether in respect of any proceedings or in respect of any transaction recorded or document filed there, may be done at the substituted office:

(d)

any address for service, being an address conforming to the requirements of the rules of court, that has been given by any party to any proceedings in respect of which the records are delivered to the substituted office shall continue to be the address for service of that party for the purposes of those proceedings, notwithstanding that because of its distance from the substituted office it may cease to conform to those requirements:

provided that where, because of its distance from the substituted office, the address does not conform to the requirements of the rules, the party shall give a new address for service conforming to those requirements when he first files in the substituted office any document in the proceedings:

(e)

if in respect of any proceedings, or of any transaction, document, record, or other matter, any question arises as to the application of any provision of this section or as to the proper procedure to be followed, the court or a Judge may determine the question and make such order thereon as the court or Judge thinks fit.

Section 23A: inserted, on 16 October 1952, by section 2(1) of the Judicature Amendment Act 1952 (1952 No 24).

Section 23A heading: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 23A(1): amended, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).

Section 23A(1A): repealed, on 1 May 2002, by section 192(1) of the Personal Property Securities Act 1999 (1999 No 126).

Section 23A(2): repealed, on 1 May 2002, by section 192(1) of the Personal Property Securities Act 1999 (1999 No 126).

Section 23A(3): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).

Section 23A(3): amended, on 1 July 1995, by section 10(1) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

Section 23A(3): amended, on 1 April 1973, by section 18(2) of the Judicature Amendment Act 1972 (1972 No 130).