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Parliamentary record : Part I debates (27 February 1990)



Parliamentary record : Part I debates (27 February 1990)


Debates for 5th Assembly 1987 - 1990; ParliamentNT; Parliamentary Record; 5th Assembly 1987 - 1990




Made available by the Legislative Assembly of the Northern Territory





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Northern Territory Legislative Assembly

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Tuesday 27 February 1990 increasing the figure, the tests will assess whether the guardian is suitable to manage the estate having regard to aspects such as its size and complexity. The Tenancy Tribunal has been abol i shed and its juri sdiction conferred on the Local Court, subject to certain procedural safeguards spelt out in clause 4 of the bi 11 . Thi s refl ects the fact that the new Loca 1 Court Act will provide greater scope for informal procedures to deal with .the dispute. In particular, the new act enables a pre-hearing conference to be held between the parties. At this conference, they may be able to settle the di spute ina more concil i atory way. Thi sis in 1 i ne with attempts to find alternative dispute-settling mechanisms. Clause 3 abolishes the actions of replevin and distress for rent. Distress for rent is the common law right of a landlord to seize a tenant1s goods for unpaid rent. This right has been abolished in respect of domestic and commercial tenancies but it is not certain that the abolition applies to what is known as agricultural tenancy, The amendment makes it clear that all forms of distress for rent have been abolished. Replevin is a common law action to obtain return of good taken by another person under a legal right. The main use of replevin in modern times arose from 2 sources: firstly, distress for rent and, secondly, from the seizure by a landowner of cattle which had trespassed and damaged the owner1s land. As stated, distress for rent has already been abolished for most tenancies. The remedy of seizure of trespassing cattle is also obsolete in view of the Northern Territory Pounds Act, which allows landowners to impound trespassing cattle and claim compensation and which has been abolished in some jurisdictions. Thus the prime uses of the action of replevin have either been abolished or become obsolete. Accordingly, this action is to be abolished. The Local Court Rules will enable a person seeking recovery of goods to apply to the court for a warrant of delivery to obtain possession of those goods. The schedule makes a number of further amendments. These amendments mostly concern updating and correcting references to the Local Court. The pen a lt i es for contempt of court under the Commun ity Welfare Act have been brought into line with the contempt penalties under the Local Court Act, and penalties under the Tenancy Act have been increased in a similar way. Mr Deputy Speaker, I commend the bill to honourable members. Debate adjourned. TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL (Serial 268) Bill presented and read a first time. Mr HATTON (Conservation): Mr Deputy Speaker, move that the bi 11 be now read a second time. The purpose of thi s bi 11 is to amend sect ion 12 of the Terri tory Parks and Wildlife Conservation Act to allow for the declaration of a park or reserve on land which is leased by the Conservation Land Corporation. At present, the act provides for the declaration of parks and reserves only on land in respect of which all rights, title and interest are vested in the Territory or where no person other than the Territory or the Conservation Land Corporation holds a right, title or interest. This has meant that the Territory has not been able to declare a national park or reserve on land 8816