Subsection 3 (5)—

Insert “except in Part XXII, ” after “Act,”.

Paragraph 3 (5) (a)—

Omit “the Schedule”, substitute “Schedule 1”.

Paragraph 4 (a)—

Omit the paragraph.

Subsection 86 (1)—

Omit “420”, substitute “496”.

Subsection 217 (8)—

Omit “XVIIIA”, substitute “XIX”.

Subsection 222 (2)—

Omit “416”, substitute “492”.

Paragraph 234 (2) (b)—

Omit “XVIIIA”, substitute “XIX”.

Subsection 385 (1)—

Omit the subsection, substitute the following subsection:

“(1) In this Part—

        (a)     from a judgment or order of the Magistrates Court, whether final or interlocutory, in proceedings that the Magistrates Court has jurisdiction to hear and determine under this Act, other than proceedings in its jurisdiction under Part XXII; or

        (b)     from a judgment of the Small Claims Court;

Section 387—

Add at the end the following subsection:

“(3) This section does not apply in relation to an appeal from a judgment of the Small Claims Court.”.

New section 387A—

After section 387 insert the following section:

Appeals—Small Claims Court

“387A. (1) A party to proceedings in the Small Claims Court may, with the leave of the Supreme Court, appeal from a judgment of the Small Claims Court in those proceedings.

“(2) The Supreme Court shall not grant leave under subsection (1) unless satisfied—

        (a)     that the decision of the Small Claims Court on a question of law was wrong; or

        (b)     that the conduct of the proceedings in the Small Claims Court was unfair to the applicant for leave to appeal.”.

Section 388—

Insert “or section 387A” after “subsection 387 (1)”.

Section 393—

Add at the end the following subsection:

“(3) In this section, a reference to the Magistrates Court, in relation to an appeal from a judgment of the Small Claims Court, is to be taken to be a reference to the Small Claims Court.”.

Subsection 395 (5)—

Omit “the Schedule”, substitute “Schedule 1 or 2”.

Subsection 395 (6)—

    (a)     Omit “the Schedule” (first occurring), substitute “Schedule 1 or 2”.

    (b)     Omit “the Schedule” (last occurring), substitute “that Schedule”.

Subsection 395 (8)—

Omit “the Schedule”, substitute “Schedule 1 or 2”.

Section 396—

Add at the end the following subsection:

“(3) This section does not apply to a document in proceedings in the Small Claims Court.”.

Subsection 402 (1)—

Omit the subsection, substitute the following subsections:

“(1) There shall be 2 seals of the court, as follows:

        (a)     a seal of the Magistrates Court;

        (b)     a seal of the Small Claims Court.

“(1A) The Registrar shall have custody of the seals of the court.”.

Section 402—

Add at the end the following subsection:

“(3) In subsection (2) in its application to proceedings in the Small Claims Court, a reference to the seal of the court is to be taken to be a reference to the seal of the Small Claims Court.”.

Section 406—

Add at the end the following subsection:

“(5) This section does not apply to proceedings in the Small Claims Court.”.

Section 411—

Omit “410”, substitute “486”.

Subsection 416 (1)—

Omit “394”, substitute “470”.

Section 418—

Add at the end the following subsection:

“(5) A certificate in accordance with Form 70 or 71 in relation to proceedings in the Small Claims Court is to be expressed as having been issued from the Small Claims Court in relation to proceedings in that Court.”.

Section 419—

Omit “particulars of—”, substitute “particulars of any of the following:”.

Paragraph 419 (a)—

Omit “or”.

Section 419—

Add at the end the following paragraph:

    “(c)     in relation to proceedings in the Small Claims Court—

              (i)     a Default Judgment within the meaning of Part XXII; or

              (ii)     a Restoration Order under section 443 setting aside such a judgment.”.

Heading to Part XXI—

Omit “ TRANSITIONAL PROVISIONS ”, substitute “ APPLICATION OF MAGISTRATES COURT ACT 1930 AND RULES ”.

Sections 423 and 424—

Repeal the sections.

Heading to Schedule—

Omit “ SCHEDULE ”, substitute “ SCHEDULE 1 ”.

Schedule (Form 30)—

Omit “the Schedule”, substitute “Schedule 1”.