Effect of repeal

Voicu v Strata Plan No 1624 [2020] NSWCA 52

An apartment dispute commenced in the local court, but the appeal was to the district court.  Laws regulating district court costs were replaced by new legislation, but the old provisions continued to apply to proceedings commenced before 1 July 20159.  Which provisions applied to costs in the appeal?

Basten JA (at [29]) observed that laws having substantive effect continue to apply despite repeal, while those having procedural effect operate from commencement10.  Given the appeal was a new proceeding commenced after 1 July 2015, appeal costs were to be assessed under the new legislation despite the original action being in the local court.

This principle is from Episode 69 of interpretation NOW!


9 clause 59 Legal Profession Uniform Law Application Regulation 2015 (NSW).

10 Maxwell (1957) 96 CLR 261 (at 267), Pearce 9th ed (at [10.1-10.4]) cited.