Changes In Legal Procedure

Northern Advocate, 8 September 1938, Page 7

Changes In Legal Procedure

[Per Press Association. copyngf if.}

WELLINGTON .This Day

Various matters dealing with the legal profession .are contained in the Statutes Amendment Act, sponsored by the Attorney-General, Hon. Hi'6. R .Mason, in the House of Representatives yesterday.

The maximum number of members of the Disciplinary Committee of the New Zealand Law Society is extended from seven to eight, and that commit- ' tee is given power to sanction the-?:: employment by a solicitor of & person who has been struck off the roll or suspended from practice.

Another clause gives the right of appeal to a Judge of the Supreme Court against a decision of a registrar or magistrate. As to costs, it is also provided that a barrister or solicitor, acting without certificate, is liable to a fine of £SO.

Action for Debt.

New provisions affecting procedure in magistrates’ courts are included. In action for debt, it is provided that an assignment for debt is not to be deemed a material part of cause of action. There is also a technical provision covering appeals with regard to the assignment of debt.

Another clause states that the giving of notice of appeal is not to operate as a stay of execution or of proceedings unless the Court so orders, and the amount of judgment appealed against, together with costs, is deposited with the clerk of the court to await the event of an appeal.

Workers’ Compensation.

Provision for safeguarding - the rights of workers to weekly payments of compensation under the Workers’ Compensation Act is included. With regard to' the computation of weekly payments under the original Act, it is stated that these payments will not be ended or diminished except in the following cases: Where agreement has been reached with the worker concerned, or where a competent court has given leave or judgment; if a medical practitioner certifies that the worker is wholly or partially recovered, or that his incapacity is not entirely due to accident. The Arbitration Court or a magistrate may grant leave to end or diminish weekly compensation payments. Any such action will have no effect in determination of whether or not the worker is entitled to compensation.

If an employer neglects, to observe the new provisions, bo will be liable for a double amount in respect of which default is made.

Another clause provides that certificates already given by medical committees are not to be conclusive, and, in this respect time for the commencement of action will date from the passing of ,a Bill instead of from the date of accident while even if judgment has been entered, there will still be the right to commence further proceedings. , K Motor Accident Guarantee. An anomaly in law with regard to motor accident insurance is removed. The object of the clause is to provide that insurance under the principal Act will include indemnity against claims for contribution. It was explained by the Attorney-General, the Hon. H. G. R. Mason, that under third party risks legislation, the whole liability for damage done to an innocent person by the joint negligence of two guilty parties, fell upon the particular party who was sued, and the insurance party liable for that particular wrong-doer had to pay accordingly.

The new Reform Act, which applied to wrongs generally, and not to cases of motor collisions, enabled the person primarily liable to secure a contribution from the other wrongdoer, and it had been found that in motor accident cases such contribution was not covered by third party risks.

The new clause secures that the whole liability is again covered by the Motor Vehicles Insurance (Third. Party Risk) Act, irrespective of the question of contributions between two wrongdoers.