(b) in settling the draft of a instrument; or (c) in such other cases as are directed by the Rules— but any party may object to the opinion and, if so, the question in dispute must be disposed of by the Court. (2) The Court may determine the fee of the legal S. 78(2) amended by practitioner and how it shall be borne and paid. No. 35/1996 s. 453(Sch. 1 item 80.9(b)). Division 4—Proceeding for recovery of land 79 Proceeding by landlord if rent is in arrears No. 6387 ss 114, 116. (1) If— (a) 6 months' rent is in arrears; and S. 79(1)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (b) the landlord has the right by law to re-enter for its non-payment— the landlord may, without any formal demand for the rent in arrears and without re-entry, commence a proceeding for the recovery of the land. (2) The commencement of a proceeding referred to in subsection (1) takes the place of a demand and (3) If the Court is satisfied— (a) that 6 months' rent was in arrears before the S. 79(3)(a) amended by proceeding was commenced; and No. 11/2002 s. 3(Sch. 1 item 59.1). (b) that the landlord had power to re-enter— it may give judgment for the landlord.
(b) in settling the draft of a instrument; or (c) in such other cases as are directed by the Rules— but any party may object to the opinion and, if so, the question in dispute must be disposed of by the Court. S. 78(2) amended by No. 35/1996 s. 453(Sch. 1 item 80.9(b)). (2) The Court may determine the fee of the legal practitioner and how it shall be borne and paid. Division 4—Proceeding for recovery of land No. 6387 ss 114, 116. 79 Proceeding by landlord if rent is in arrears (1) If— S. 79(1)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) 6 months' rent is in arrears; and (b) the landlord has the right by law to re-enter for its non-payment— the landlord may, without any formal demand for the rent in arrears and without re-entry, commence a proceeding for the recovery of the land. (2) The commencement of a proceeding referred to in subsection (1) takes the place of a demand and (3) If the Court is satisfied— S. 79(3)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) that 6 months' rent was in arrears before the proceeding was commenced; and (b) that the landlord had power to re-enter— it may give judgment for the landlord.
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