A BILL

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; and to repeal certain sections of the District Courts Act, 1912, and the Supreme Court Act, 1970.

Law Reform (Law and Equity)

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:-
1. This Act may be cited as the Law Reform (Law and Equity) Act, 1971.	Short title.
2. This Actshall,commence on a day to be appointed by the Governor and notified by proclamation published in the Gazette.	Commencement.
3. (1) Section 74 of the District Courts Act, 1912, is repealed, but this repeal does not affect proceedings commenced in a district court before the commencement of this Act.	Repeal.
(2) Section 64 of the Supreme Court Act, 1970, is repealed.
4. This Act does not apply in proceedings commenced in any court before the commencement of this Act, but applies in proceedings commenced after the commencement of this Act, no matter when the events happen which give rise to the proceedings.	Application.
5. In all matters in which there was before the commencement of this Act or is any conflict or variance between the rulesof equity and the rules of the common law relating to the same matter, the rules of equity shall prevail.	Rules of equity to prevail. 15 & 16 Geo. 5 c.49, s.44; Act No. 52, 1970, s.64.
6. 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.	Defence in inferior court. 15 & 16 Geo. 5 c.49, s.202.
7. 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, in pursuance of this Act, postpone the grant of any relief, or grant relief subject to such terms and conditions as the nature of the case requires.	Jurisdiction as to relief not enlarged.