Australian Capital Territory Numbered Acts

MAGISTRATES COURT (CIVIL JURISDICTION) (NO. 94 OF 1997) - NOTES

NOTES

Principal Act

Reprinted as at 28 February 1997.

Penalty units

See section 33AA of the Interpretation Act 1967.

Section headings

On the latest day on which the Magistrates Court (Civil Jurisdiction) Act 1982 is amended by this Act, headings to sections of the Principal Act (as numbered immediately before the day on which section 10 of this Act commences) are altered as set out in the following table:

Section	Alteration
396	Omit the heading, substitute the following heading: Headings of Court documents
402	Omit the heading, substitute the following heading: Court seals
418	Omit the heading, substitute the following heading: Certified copies of official records

[Presentation speech made in Assembly on 4 September 1997]

© Australian Capital Territory 2003

AUSTRALIAN CAPITAL TERRITORY

TABLE OF PROVISIONS

Section

PART XXII—SMALL CLAIMS COURT

Division 1—Preliminary

394. Interpretation

395. Application of the Act to small claims proceedings

Division 2—Establishment and jurisdiction

396. Small Claims Court

397. Referees—appointment

398. Referees—functions

399. Referees—oath or affirmation of office

400. Referees—resignation

401. Jurisdiction

402. $10,000 limit

Division 3—Commencement of proceedings

403. Assistance to members of the public

404. Originating Applications

405. Single application for each matter

406. Debt declarations

407. Interest claims

408. Service of Originating Applications

409. Amendments

Division 4—Pre-conference procedures

410. Application—common boundaries applications

411. Response

412. Admission of liability

413. Admission of liability—payment of money

414. Admission of liability—bonds

415. Admission of liability—acceptance by applicant

416. Contested applications—conferences and inquiries

417. Failure to respond

Division 5—Lapse of applications

418. Lapse of applications after 18 months' inactivity

Division 6—Conferences

419. Directions for conferences

420. Conference objectives

421. Variation of conference fixtures

422. Representation at conferences

423. Persons entitled to be present

424. Adjournment

425. Consent Judgments

426. Failure of conciliation—direction for inquiry

427. Admissibility of conference proceedings in inquiries

428. Failure to attend conference

Division 7—Inquiries

Subdivision A—General procedure

429. Directions for inquiries

430. Inquiries—constitution of Small Claims Court

431. Inquiry procedure

432. Investigators

433. Giving evidence by oath or affirmation

434. Representation at inquiries

435. Public nature of inquiries

436. Interlocutory Applications

437. Adjournment of inquiry

438. Transfer of small claims proceedings to general jurisdiction of the Court

439. Transfer of proceedings in the general jurisdiction of the Court to the small claims jurisdiction

440. Discontinuance

441. Failure to appear

442. Dismissal for abuse of process

443. Restoration of proceedings

Subdivision B—Witnesses and evidence

444. Summons

445. Summons to produce

446. Retention of summonsed documents and things

447. Witness fees and expenses

448. Enforcement of summons

449. Requirement to answer questions

Subdivision C—Judgments

450. Finality of judgments

451. Consent Judgments

452. Form of judgments

453. Counterclaims and set-offs

454. Interest up to judgment

455. Interest on judgment debts

456. Costs

457. Orders to perform work

458. Orders to perform work—conditions for payment

459. Goods orders

460. Trespass

461. Debt declarations

462. Other orders

Subdivision D—Enforcement of judgments

463. Application of the Act

464. Joint liability

465. Notice—orders made in a person's absence

466. Enforcement of orders by executors and administrators

467. Payment of money under judgment

Division 8—Service of documents

468. Service

469. Doubtful service

AUSTRALIAN CAPITAL TERRITORY

Magistrates Court (Civil Jurisdiction)
(Amendment) Act 1997

No. 94 of 1997

[Notified in ACT Gazette S380: 1 December 1997]