Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts6. After Part XIXA of the Principal Act the following Part is inserted:
“394. (1) In this Part, unless the contrary intention appears—
(a) the applicant is not indebted to the respondent;
(b) the applicant is not indebted to the respondent in an amount specified in the order; or
(c) the applicant is not indebted to the respondent in an amount exceeding an amount specified in the order;
and includes an order in relation to an amount of bond money in the exercise in the Small Claims Court's jurisdiction for the purposes of section 62AS of the Landlord and Tenant Act 1949 ;
“(2) A reference in this Part to a document described in parentheses as a numbered form (for example, ‘Originating Application (Form 1)') is to be taken to be a reference to a document completed, or to be completed, in accordance with—
(a) the form so numbered in Schedule 2; or
(b) the corresponding approved form so numbered;
as the case may be.
“(3) Explanatory material in any of the forms in Schedule 2, or in any notice otherwise required in proceedings, is not to be taken to affect the interpretation of this Act or Schedule 2, of any other law applicable to proceedings or of any approved form.
“395. (1) Unless the contrary intention appears, subject to subsection (2) this Act applies with necessary changes to proceedings in the Small Claims Court in the same way as it applies to other proceedings in the Magistrates Court.
“(2) Unless the contrary intention appears, sections 5 and 9 and Parts III to X (inclusive), XII to XVI (inclusive) and XVIII do not apply to proceedings in the Small Claims Court.
“396. (1) The Magistrates Court has jurisdiction to inquire into and determine applications for the purposes of this Part.
“(2) The Magistrates Court shall be known as the Small Claims Court when exercising jurisdiction under this Part.
“397. (1) The Executive may, by instrument, appoint persons as referees for the purposes of this Part.
“(2) A person is eligible for appointment as a referee if—
(a) he or she is enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory; and
(b) he or she is a member of the staff of the Magistrates Court or any other body exercising judicial powers under a law of the Territory.
“(3) A referee ceases to hold office if he or she ceases to be eligible under subsection (2).
“398. (1) A referee may exercise the jurisdiction of the Small Claims Court in an inquiry in proceedings by way of a debt application, goods application or damages application, or for a debt declaration or common boundaries determination, subject to subsection (2).
“(2) A referee only has jurisdiction in proceedings in respect of an amount of $1,000 or less, or the equivalent value of goods or services (including any associated damages), excluding any claim for interest, or for an amount in lieu of interest, determined by the Small Claims Court under section 454.
“(3) In exercising the jurisdiction of the Small Claims Court under this section, a referee—
(a) has all the functions of a Magistrate; and
(b) is otherwise to be taken to be a Magistrate for all purposes.
“399. (1) Before proceeding to perform the functions of office, a referee shall take an oath, or make an affirmation, before the Chief Justice of the Supreme Court.
“(2) An oath or affirmation under subsection (1) shall be in accordance with the form in Schedule 3.
“400. A referee may resign office by writing signed by the referee and delivered to the Minister.
“401. The Small Claims Court has jurisdiction to inquire into the following applications:
(a) debt applications;
(b) goods applications;
(c) damages applications;
(d) nuisance applications;
(e) trespass applications;
(f) applications for debt declarations;
(g) applications for common boundaries determinations.
“402. (1) The Small Claims Court's jurisdiction is limited to applications claiming amounts of no more than $10,000.
“(2) In relation to debt declarations, the Small Claims Court's jurisdiction is limited to applications for declarations in respect of debts not exceeding $10,000.
“(3) The monetary limit on the Small Claims Court's jurisdiction does not include any claim for interest, or for an amount in lieu of interest, determined by the Small Claims Court as provided for by section 454.
“(4) In a goods application, the applicable amount for the purposes of subsection (1) is an amount equal to the sum of the value of the relevant goods or services and any amount claimed for damages for the detention of goods.
“(5) A person who, if it were not for this section, would be entitled to make an application claiming an amount exceeding $10,000 may, by the application, abandon the excess by limiting the claim to $10,000.
“(6) This section does not apply in relation to—
(a) a debt application, or a debt declaration, for the purposes of section 62AS of the Landlord and Tenant Act 1949 in relation to an amount of bond money; or
(b) an application for a common boundaries determination.
“403. At the request of any person, the Registrar or a member of staff of the Magistrates Court shall explain the procedures of the Small Claims Court to the person for the purpose of assisting him or her to participate in those procedures.
“404. (1) Proceedings shall be instituted by filing an Originating
Application (Form 1) together with the relevant attachment set out in
Form 1,
except in the case of proceedings for a common boundaries determination.
“(2) Proceedings for a common boundaries determination shall be instituted as provided for by the Common Boundaries Act 1981 .
“(3) Proceedings are to be taken to have commenced on the date the application instituting the proceedings was first filed.
“405. A person shall file no more than 1 Originating Application on the basis of an assertion of a particular right entitling him or her to relief under this Part.
“406. A person shall file an application for a debt declaration only if the person named as the respondent has made a written demand on the person for payment of the debt.
“407. (1) Where interest is applied for pursuant to a contractual agreement between the parties to proceedings, the applicant shall specify particulars of the interest in the Originating Application.
“(2) If interest to be determined by the Small Claims Court as provided for by section 454 is claimed, the Originating Application shall include—
(a) in the case of a debt application or any other application for specified damages—
(i) a statement that interest to be determined by the Small Claims Court is applied for;
(ii) particulars of the interest; and
(iii) the amount of interest calculated to have accrued to the date of lodgment of the Originating Application; or
(b) in any other case—a statement that interest to be determined by the Small Claims Court is claimed.
“(3) In this section—
(a) the period or periods in relation to which the interest is claimed;
(b) the rate or rates of interest; and
(c) the amount or amounts in relation to which the interest is claimed.
“408. (1) After an Originating Application is filed, the Registrar shall—
(a) give the applicant a written notice summarising the possible future courses of action open to the applicant in the proceedings (depending on the respondent's actions) and the circumstances in which a conference or inquiry may be directed; and
(b) cause to be served on the respondent—
(i) a copy of the Originating Application; and
(ii) a written notice summarising the possible courses of action open to the respondent in the proceedings and the circumstances in which a conference or inquiry may be directed.
“(2) In proceedings in relation to which 2 or more persons are alleged to be jointly liable, it is sufficient if any 1 of those persons is served with a copy of the Originating Application.
“(3) A person undertaking personal service of an Originating Application on the Registrar's behalf under paragraph (1) (b) shall—
(a) if service has been effected—file an affidavit of service within 14 days after service; or
(b) if service has been attempted but not effected—endorse on the copy of the Originating Application the reason for non-service, sign the endorsement and return the copy and the notice to the respondent under subparagraph (1) (b) (ii) to the Registrar within 14 days after the attempted service.
“409. The Small Claims Court or the Registrar may, at any stage of proceedings, on application by a party or of the Court's or the Registrar's own motion, make any amendment to a document filed by either party (including the addition or dismissal of a party) that appears to the Court or the Registrar (as the case may be) to be necessary or conducive to the proper determination of the proceedings.
“410. This Division does not apply to applications for common boundaries determinations.
“411. (1) The respondent to an Originating Application may file a Response (Form 2) within 21 days after service of the Originating Application under paragraph 408 (1) (b), or within such shorter period as is directed by the Registrar under subsection (2).
“(2) Upon written application by a person making a nuisance application or a trespass application, the Registrar may give a written direction that any Response under subsection (1) is to be filed within a period shorter than 21 days after service of the Originating Application, if the Registrar considers such a direction to be necessary or desirable to avoid undue hardship to the applicant.
“(3) The Registrar shall cause a direction under subsection (2) to be served on the respondent as soon as practicable after it is made.
“(4) Where a Response is filed under subsection (1), the Registrar shall cause a copy of the Response to be served on the applicant.
“412. A respondent may, by a Response—
(a) admit liability in respect of the application in whole or in part; and
(b) state the terms under which liability is admitted (for example, terms as to time for payment, or payment by instalments, of an amount of money).
“413. (1) If a respondent admits liability for the payment of an amount of money, the respondent may pay the amount into the Small Claims Court.
“(2) If an amount paid by the respondent into the Small Claims Court is equal to the whole of the amount sought by the applicant, and no other order is sought by the applicant, the Registrar shall—
(a) enter judgment in the proceedings for the amount so paid; and
(b) deliver the amount to the applicant.
“(3) If an amount of money paid into the Small Claims Court by the respondent is not delivered to the applicant under subsection (2), the money shall remain in the Small Claims Court pending the order of the Small Claims Court or the Registrar.
“414. (1) If a respondent admits liability for the payment of an amount of money, the respondent may lodge with the Registrar a bond for the payment of that amount.
“(2) Section 85 applies with all necessary changes in relation to the lodgment of a bond in proceedings under this Part.
“415. (1) If a respondent admits liability (in whole or in part) in respect of an application, the applicant may file an Admission of Liability Acceptance (Form 3) not later than 21 days after being served with the Response.
“(2) If an applicant files an Admission of Liability Acceptance under subsection (1), the Registrar shall enter a Consent Judgment (Form 11) in the proceedings in accordance with the terms of the respondent's admission of liability, subject to any terms stated by the respondent in the Response.
“(3) A party to proceedings in which a Consent Judgment has been entered may apply to the Small Claims Court for the setting aside of the Consent Judgment and the restoration of proceedings under section 443 by filing an Interlocutory Application (Form 9).
“416. (1) This section applies where a respondent—
(a) files a Response in accordance with subsection 411 (1) indicating that the proceedings are to be contested; or
(b) files a Response in accordance with subsection 411 (1) admitting liability in respect of the application, but—
(i) any amount paid into the Small Claims Court is less than the whole amount sought by the applicant; and
(ii) the applicant does not file an Admission of Liability Acceptance (Form 3) within 21 days after being served with the Response.
“(2) Where this section applies, the Registrar shall—
(a) direct the holding of a conference between the parties; or
(b) if he or she is satisfied that in the circumstances the objectives referred to in section 420 would not be significantly advanced by holding a conference—direct the holding of an inquiry.
“(3) Where the Registrar directs a conference to be held under paragraph (2) (a), he or she shall cause a Conference Notice (Form 4) to be served on the parties not later than 10 days before the day fixed for the conference.
“(4) Where the Registrar directs an inquiry to be held under paragraph (2) (b), he or she shall cause an Inquiry Notice (Form 5) to be served on the parties not later than 10 days before the day fixed for the inquiry.
“417. (1) This section applies—
(a) where the respondent—
(i) fails to file a Response in accordance with subsection 411 (1); or
(ii) after filing a Response in accordance with subsection 411 (1) indicating that the proceedings are to be contested, gives the Registrar written notice that this is no longer the case; and
(b) where the applicant files a Default Judgment Application (Form 6) within 12 months and 21 days after the Originating Application was served.
“(2) Where this section applies, the Registrar shall—
(a) if specified damages are claimed, or if the application is for a debt declaration—enter a Default Judgment (Form 7) in favour of the applicant; or
(b) if unspecified damages are claimed, or any other order is sought by the applicant—
(i) make an Interim Order (Form 8) in favour of the applicant; and
(ii) direct an inquiry to be held for the purpose only of the assessment of any unspecified amount of damages, and a determination in respect of any other order sought by the applicant.
“(3) Where the Registrar directs an inquiry to be held under subparagraph (2) (b) (ii), he or she shall cause an Inquiry Notice (Form 5) to be served on the parties not later than 10 days before the day fixed for the inquiry, together with a copy of the Interim Order made under that paragraph.
“(4) In an inquiry directed under subparagraph (2) (b) (ii), the Small Claims Court shall give judgment for the applicant in relation to any unspecified amount assessed in the inquiry, and may make any other order sought by the applicant or otherwise considered by the Small Claims Court to be appropriate.
“(5) The Registrar shall cause the respondent to be served with notice of—
(a) the action taken by the Registrar under this section; and
(b) the respondent's right to apply under subsection (6) for the restoration of proceedings.
“(6) The respondent may apply to the Small Claims Court for the restoration of the proceedings under section 443 by filing an Interlocutory Application (Form 9).
“418. The Registrar may strike out an application if no action is taken by either party in the proceedings during a period of 18 months.
“419. (1) A conference shall be held in the following circumstances:
(a) in accordance with a direction by the Registrar under subsection 416 (2);
(b) in the case of an application for a common boundaries determination—in accordance with a direction of the Registrar under the Common Boundaries Act 1981 ;
(c) in accordance with a Restoration Order;
(d) in accordance with an order of the Small Claims Court at any stage during proceedings;
(e) in any other circumstances provided for by a law of the Territory.
“(2) Where a conference is ordered under paragraph (1) (c) or (d), the Registrar shall cause a Conference Notice (Form 4) to be served on the parties not later than 10 days before the day fixed for the conference, or as soon as is otherwise practicable.
“420. (1) The Registrar's objectives at a conference are as follows:
(a) to determine what are the real matters in dispute between the parties;
(b) by conciliation between the parties, to assist the parties to reach an agreement on terms that the Registrar considers just, subject to subsection (2);
(c) to streamline any later inquiry by—
(i) ensuring that the parties do everything reasonably within their powers to enable any inquiry in the proceedings to take place expeditiously; and
(ii) assessing the time that is likely to be required for any inquiry.
“(2) The Registrar shall undertake conciliation between the parties only if satisfied that there is a reasonable possibility of the parties' settling the matters in dispute by this means.
“(3) The Registrar may adjourn a conference in such a manner and on such terms as he or she thinks fit in the pursuance of the objectives referred to in subsection (1).
“421. (1) The Registrar may vary the day, time or place fixed for a conference, if the Registrar considers there are reasonable grounds for such variation.
“(2) The Registrar shall, if practicable, give each party to proceedings 10 days' notice in writing of a variation of the day, time or place of a conference under subsection (1), unless each party agrees to waive entitlement to such notice.
“422. A party to proceedings may be represented at a conference by any other person.
“423. Only the following persons are entitled to be present at a conference:
(a) a party to the proceedings;
(b) a representative of a party referred to in section 422;
(c) the Registrar and any other officer or member of staff of the Magistrates Court;
(d) a person authorised in writing by the Chief Magistrate to attend that conference or to attend conferences generally;
(e) a person authorised in writing by the Attorney-General to attend that conference or to attend conferences generally.
“424. (1) The Registrar may adjourn a conference where he or she is satisfied that a party to the proceedings or his or her representative is, for good reason, unable to attend the conference.
“(2) Where the Registrar adjourns a conference under subsection (1), the Registrar shall notify the parties of the day, time and place fixed for the resumption of the conference.
“425. (1) Where the parties to proceedings reach agreement at a conference as to the judgment to be entered, they may file a Consent Judgment Application (Form 10).
“(2) A Consent Judgment Application shall be—
(a) signed by or on behalf of each party to the agreement; and
(b) witnessed by the Registrar, a legal practitioner or a justice of the peace.
“(3) Where a Consent Judgment Application is filed under this section, the Registrar shall enter a Consent Judgment (Form 11) in the proceedings in accordance with the Application.
“(4) A party to proceedings in which a Consent Judgment has been entered may apply to the Small Claims Court for the setting aside of the Consent Judgment and the restoration of the proceedings under section 443 by filing an Interlocutory Application (Form 9).
“426. (1) The Registrar shall direct the holding of an inquiry, or the reconvening of an inquiry, if, after attempting to conciliate between the parties at a conference, it appears to the Registrar that there is no reasonable possibility of the parties settling the matters in dispute by means of conciliation.
“(2) Where the Registrar directs an inquiry to be held or reconvened under subsection (1), he or she shall cause an Inquiry Notice (Form 5) to be served on the parties not later than 10 days before the day fixed for the inquiry.
“427. Evidence, or any statement, of words spoken or acts done at a conference in proceedings is not admissible at an inquiry in the proceedings, unless the parties agree otherwise.
“428. (1) This section applies to a party to proceedings where—
(a) a Conference Notice (Form 4) was served on the party in accordance with this Act;
(b) the party fails to appear at the time fixed for the conference, at any time to which the conference has been adjourned or at any time during the conference, either personally or by a representative; and
(c) the Registrar is not satisfied that there is a good reason for adjourning the conference under section 424.
“(2) If this section applies to an applicant in proceedings, or to both parties, the Registrar shall dismiss the application.
“(3) If this section applies to a respondent in proceedings, but not to the applicant, the Registrar shall—
(a) if specified damages are claimed, or if the application is for a debt declaration—enter a Default Judgment (Form 7) in favour of the applicant; or
(b) if unspecified damages are claimed, or any other order is sought by the applicant—
(i) make an Interim Order (Form 8) in favour of the applicant; and
(ii) direct an inquiry to be held for the purpose only of the assessment of any unspecified amount of damages, and a determination in respect of any other order sought by the applicant.
“(4) Where the Registrar directs an inquiry to be held under subparagraph (3) (b) (ii), he or she shall cause an Inquiry Notice (Form 5) to be served on the parties not later than 10 days before the day fixed for the inquiry, together with a copy of the Interim Order made under that paragraph.
“(5) In an inquiry directed under subparagraph (3) (b) (ii), the Small Claims Court shall give judgment for the applicant in relation to any unspecified amount assessed in the inquiry, and may make any other order sought by the applicant or otherwise considered by the Court to be appropriate.
“(6) The Registrar shall cause notice to be served on a party to whom this section applies of—
(a) the action taken by the Registrar under this section; and
(b) the party's right to apply under subsection (7) for the restoration of proceedings.
“(7) A party to whom this section applies may apply to the Small Claims Court for the restoration of the proceedings under section 443 by filing an Interlocutory Application (Form 9).
“429. An inquiry shall be held in the following circumstances:
(a) in accordance with a direction by the Registrar under paragraph 416 (2) (b) or subparagraph 417 (2) (b) (ii);
(b) in an application for a common boundaries determination—as provided by the Common Boundaries Act 1981 ;
(c) in accordance with a direction by the Registrar under subsection 426 (1) or subparagraph 428 (3) (b) (ii);
(d) in relation to proceedings originally instituted under Part III—in accordance with section 439;
(e) in accordance with the terms of a Restoration Order;
(f) as otherwise provided for by a law of the Territory.
“430. An inquiry shall be presided over by a Magistrate or referee sitting alone.
“431. (1) The Small Claims Court shall deal with applications by way of inquiry.
“(2) The Small Claims Court is not bound by the rules of evidence, and may inform itself in any manner it thinks fit.
“(3) The procedure to be followed in an inquiry shall be as directed by the Small Claims Court, subject to this Part.
“(4) In giving directions for the purpose of subsection (3), the Small Claims Court shall adopt such procedures as are likely to enable the inquiry to proceed expeditiously and with as little formality as possible.
“432. (1) The Small Claims Court may, by order, appoint an investigator to assist in the investigation of any question of fact arising in proceedings.
“(2) An investigator shall investigate any question of fact referred to in the instrument of appointment, and give a written report to the Small Claims Court about the investigation.
“(3) An order under subsection (1) shall specify—
(a) particulars of the matter requiring investigation; and
(b) any conditions to which the appointment is subject.
“(4) The Small Claims Court shall give to an investigator's report in relation to proceedings such weight as the Court thinks fit in its consideration of those proceedings.
“(5) An investigator is entitled to receive from the Territory such remuneration as is fixed by the Small Claims Court.
“(6) The Small Claims Court may order that a party or parties to proceedings in which an investigator is appointed pay some or all of the costs of remuneration of the investigator.
“433. (1) Subject to this section, evidence in an inquiry shall not be given on oath or affirmation.
“(2) The Small Claims Court may require a person appearing as a witness in an inquiry to be examined on oath or affirmation if it appears to the Court to be necessary or conducive to the proper determination of a matter at issue.
“(3) The Small Claims Court may administer, or cause to be administered, an oath or affirmation for the purposes of an inquiry.
“434. A party to proceedings may be represented at an inquiry by any other person.
“435. Section 181 applies in relation to the conduct of an inquiry in the Small Claims Court as if references in that section to a hearing were references to an inquiry.
“436. (1) An interlocutory application to the Small Claims Court in proceedings shall be made by filing an Interlocutory Application (Form 9), unless the Court directs otherwise.
“(2) The Registrar shall cause a copy of an Interlocutory Application filed under subsection (1) to be served on each other party to the proceedings no later than 3 days before the date set down for inquiring into the application, unless the Small Claims Court directs otherwise.
“(3) Subsection (2) does not apply to an application for an order for substituted or other service under subsection 468 (3).
“437. (1) The Small Claims Court or the Registrar may vary the day, time or place fixed for an inquiry.
“(2) The Small Claims Court shall adjourn an inquiry if it appears to the Court to be necessary or conducive to the proper determination of a matter at issue.
“(3) If a party does not appear at the time and place to which an inquiry has been adjourned, the Small Claims Court may continue the inquiry in the absence of that party.
“438. (1) The Small Claims Court may, at any stage in proceedings on an application, of its own motion or on application by a party to the application, order the application to be heard as a claim under Part III.
“(2) The Small Claims Court shall only make an order under subsection (1) if satisfied that in all the circumstances such an order would not be unfair to any party to the proceedings.
“(3) Where the Small Claims
Court makes an order under
subsection (1) in relation to an application—
(a) this Act applies as if, for any step taken in proceedings on the application, the corresponding step under this Act had been taken in proceedings on a claim; and
(b) any evidence given in the proceedings on the application is to be taken to have been given in proceedings on the claim.
jurisdiction“439. (1) The Magistrates Court may, at any stage of proceedings on a claim under Part III, of its own motion or on application by any party to the proceedings, order that the claim be heard as an application under this Part.
“(2) The Magistrates Court shall only make an order under subsection (1) in relation to a claim if satisfied that—
(a) the claim could have been brought as an application under this Part; and
(b) in all the circumstances such an order would not be unfair to any party to the proceedings.
“(3) Where the Magistrates Court makes an order under subsection (1) in relation to a claim—
(a) this Part applies as if, for any step taken in proceedings on the claim, the corresponding step under this Part had been taken in proceedings on an application; and
(b) any evidence given in the proceedings on the claim is to be taken to have been given in proceedings on the application.
“(4) In this section—
“440. (1) The applicant may at any time discontinue proceedings in an inquiry.
“(2) If proceedings are discontinued before the commencement of the inquiry, the applicant shall give the Registrar written notice of the discontinuance.
“(3) The Registrar shall inform the respondent in writing of the discontinuance of proceedings upon receiving notice under subsection (2).
“(4) After proceedings have been discontinued under this section, the applicant may apply to the Small Claims Court for the restoration of the proceedings under section 443 by filing an Interlocutory Application (Form 9).
“441. (1) This section applies to a party to proceedings where—
(a) an Inquiry Notice (Form 5) was served on the party in accordance with this Part;
(b) the party fails to appear at the time fixed for the inquiry, at any time to which the inquiry has been adjourned, or at any time during the inquiry, either personally or by a representative; and
(c) the Small Claims Court is not satisfied that there is a good reason for adjourning the inquiry.
“(2) If this section applies to an applicant in proceedings, or to both parties, the Small Claims Court may dismiss the claim.
“(3) If this section applies to a respondent in proceedings, but not to the applicant, the Small Claims Court may give judgment for the applicant.
“(4) The Small Claims Court shall give a party to whom this section applies written notice of—
(a) the action taken by the Small Claims Court; and
(b) the party's right to apply under subsection (5) for the restoration of proceedings.
“(5) A party to whom this section applies may apply to the Small Claims Court for the restoration of the proceedings under section 443 by filing an Interlocutory Application (Form 9).
“(6) The Registrar may exercise the power of the Small Claims Court under this section.
“442. (1) The Small Claims Court may order the dismissal of proceedings, or any claim in proceedings, where it considers the proceedings or claim to be—
(a) frivolous or vexatious; or
(b) otherwise an abuse of the process of the Court.
“(2) The Small Claims Court may make an order for dismissal under subsection (1) of its own motion or on application by the respondent.
“(3) The Small Claims Court may receive evidence in an inquiry into an application for an order for dismissal under subsection (1).
“443. (1) The Small Claims Court may make a Restoration Order (Form 12) for proceedings to be restored on application as follows:
(a) failure to respond to an application—under subsection 417 (6);
(b) following the making of a Consent Judgment—under subsection 415 (3), 425 (4) or 451 (4);
(c) failure to attend a conference—under subsection 428 (7);
(d) discontinuance of proceedings—under subsection 440 (4);
(e) failure to appear at an inquiry—under subsection 441 (5).
“(2) In conjunction with a Restoration Order, the Small Claims Court may make any of the following additional orders:
(a) an order for the setting aside of a judgment, including a Default Judgment, an Interim Order or a Consent Judgment;
(b) orders for the payment of costs;
(c) an order staying proceedings until the payment of costs;
(d) orders setting aside any enforcement proceedings, writ issued or order made as a consequence of a judgment set aside under this section;
(e) orders relating to the further conduct of the proceedings, including an order as to the priority of any inquiry and an order requiring that a conference be held between the parties;
` (f) any other order relating to the restoration of proceedings that the Court thinks just.
“(3) The Small Claims Court shall only make an order under subsection (2) setting aside a Consent Judgment if any of the following circumstances apply in relation to the application for the judgment or the entry of the judgment:
(a) fraud;
(b) duress;
(c) suppression of relevant information or evidence;
(d) false evidence or information given and relied on;
(e) change of circumstances;
(f) impracticability of enforcement;
(g) any other ground of justice or equity justifying the setting aside of the judgment.
“(4) If the Small Claims Court refuses to make an order under subsection (1), it may make such orders for the payment of costs as it considers necessary.
“(5) An order under this section shall be made on such terms as the Small Claims Court thinks just.
“444. (1) The Small Claims Court or the Registrar may issue a Summons (Form 13) requiring a person to appear before the Registrar, the Court or an investigator for the purposes of proceedings.
“(2) Subject to section 445, a summons shall require the person served with the summons to appear on a specified date, and at a specified time and place—
(a) to attend and give evidence;
(b) to attend and give evidence and to produce any document or thing which is in the person's possession or control; or
(c) to produce any document or thing in the person's possession or control.
“(3) A person shall be taken to have complied with a summons under paragraph (2) (c) if he or she delivers the document or thing to the Registrar or investigator (as the case requires) before the date and time specified in the summons.
“(4) A summons may be issued in proceedings—
(a) at the request of a party to the proceedings or an investigator;
(b) by the Small Claims Court on its own motion; or
(c) by the Registrar on his or her own motion.
“(5) Where an inquiry or the taking of evidence is adjourned, any person required by summons to attend shall attend on the date and at the time and place to which the inquiry or the taking of evidence is adjourned, unless excused by the Small Claims Court or the investigator (as the case requires).
“(6) A summons shall only be issued in proceedings if the person issuing the summons is satisfied that its issue is reasonably necessary for the proper determination of the proceedings.
“445. A person is only required to produce a document or thing under summons if—
(a) the summons sufficiently specifies or describes it; and
(b) the document or thing would be able to be required to be produced in the Supreme Court under a subpoena for production.
“446. (1) A document or thing produced in accordance with a summons shall be returned by the Small Claims Court after the relevant proceedings are finalised.
“(2) For the purposes of subsection (1), proceedings are to be taken to be finalised if—
(a) within 28 days after judgment by the Small Claims Court is given, no appeal has been instituted against that judgment; or
(b) if such an appeal is instituted—the appeal has been determined.
“(3) Where an appeal is instituted against a judgment of the Small Claims Court in proceedings in which a document or thing is produced in accordance with a summons, the Court shall deliver the document or thing to the Supreme Court.
“447. (1) A person who attends for the purpose of giving evidence before the Small Claims Court or an investigator pursuant to a summons is entitled to receive such fees and travelling expenses as the Court directs in accordance with the scale and conditions applicable in relation to persons who attend as witnesses before the Supreme Court.
“(2) Fees and travelling expenses under subsection (1) are payable—
(a) if the summons was issued at the request of a party—in accordance with the direction of the Small Claims Court; or
(b) if the summons was not issued at the request of a party—by the Territory.
“448. (1) A person duly served with a summons shall not, without reasonable excuse, refuse or fail to comply with the summons.
Penalty: 50 penalty units or imprisonment for 6 months, or both.
“(2) If a person contravenes subsection (1), the Small Claims Court may—
(a) issue a warrant for the apprehension of the person, requiring the person to be brought before the Court or an investigator to give evidence and to produce any document or thing specified in the summons; and
(b) order the person to pay any costs in the proceedings occasioned by the contravention.
“449. A person appearing as a witness before the Small Claims Court or an investigator shall not, without lawful excuse, refuse to answer a question relevant to the proceedings asked by the Court or the investigator.
Penalty: 50 penalty units or imprisonment for 6 months, or both.
“450. A judgment of the Small Claims Court (other than an Interim Order) is final and conclusive, subject to this Part.
“451. (1) Where the parties to proceedings reach agreement before judgment has been given or entered in the proceedings, they may file a Consent Judgment Application (Form 10).
“(2) A Consent Judgment Application under subsection (1) shall be—
(a) signed by or on behalf of each party to the agreement; and
(b) witnessed by a Magistrate, a Referee, the Registrar, a legal practitioner or a justice of the peace.
“(3) Where a Consent Judgment Application is filed under subsection (1), the Registrar shall enter a Consent Judgment (Form 11) in the proceedings in accordance with the Application.
“(4) A party to proceedings in which a Consent Judgment has been entered may apply to the Small Claims Court for the setting aside of the Consent Judgment and the restoration of the proceedings under section 443 by filing an Interlocutory Application (Form 9).
“452. A judgment of the Small Claims Court other than a Default Judgment, an Interim Order or a Consent Judgment shall be in accordance with Form 14 in Schedule 2.
“453. (1) The Small Claims Court shall, in giving judgment, take into account any set-off and any counterclaim for a total amount not exceeding $5,000 established by the respondent or admitted by the applicant.
“(2) If a set-off or counterclaim referred to in subsection (1) exceeds the amount for which the applicant would otherwise be entitled to judgment, the Small Claims Court shall give judgment for the respondent for the amount of the excess.
“(3) Where the respondent's total entitlement to any set-offs and in relation to any counterclaim exceeds $5,000, he or she may—
(a) abandon the excess by limiting the total amount claimed to $5,000; or
(b) apply to the Small Claims Court for an order under section 438 for the application to be heard as a claim under Part III.
“454. (1) Sections 230, 232 and 233 apply in relation to the determination by the Small Claims Court of interest in proceedings as if they were proceedings on a claim under Part III.
“(2) In the determination of interest by the Small Claims Court for the purposes of a Default Judgment, section 231 applies as if that judgment were a judgment by default under section 43.
“(3) In the determination of interest by the Small Claims Court for the purposes of a Consent Judgment, section 231 applies as if that judgment were a judgment by agreement under section 45.
“455. (1) Interest is payable on the unpaid portion of a judgment debt in proceedings, unless the Small Claims Court orders otherwise.
“(2) Interest under subsection (1) shall form part of the judgment debt, but not so as to require the payment of interest upon interest.
“(3) Interest under subsection (1) shall be calculated—
(a) from the date on which the judgment took effect, or from a later date directed by the Small Claims Court; and
(b) in accordance with the rate prescribed under subsection 231 (2).
“456. (1) The Small Claims Court shall not make any order in relation to the costs of proceedings, except where expressly provided by this or any other Act.
“(2) A judgment in favour of an applicant shall include an order that the respondent pay to the applicant—
(a) the amount of any fee paid by the applicant for the commencement of the proceedings; and
(b) any charges and out-of-pocket expenses in respect of the proceedings (excluding the costs of representation by a legal practitioner or any other person).
“(3) The Small Claims Court may make an order for costs to compensate a party in proceedings who has incurred out-of-pocket expenses in the proceedings unnecessarily due to the action of another party.
“457. (1) In addition to any other order made in giving judgment in proceedings, the Small Claims Court may make an order requiring the respondent in the proceedings—
(a) to perform work, or do any other thing, to rectify any defect in goods or services related to the claim in accordance with conditions set out in the order; or
(b) in default of the respondent performing that work or thing in accordance with the order—to pay an amount of money to the applicant.
“(2) As an alternative to an order under subsection (1), the Small Claims Court may make an order requiring the respondent—
(a) to perform work, or do any other thing, to rectify any defect in goods or services in accordance with the conditions set out in the order; and
(b) in addition—
(i) to pay an amount of money to the applicant; and
(ii) in default of the respondent performing that work or thing in accordance with the order—to pay an additional amount of money to the applicant.
“458. (1) This section applies to a judgment requiring—
(a) a first party to pay money to the Registrar; and
(b) a second party to perform work, or do any other thing, to rectify a defect in goods or services.
“(2) A judgment to which this section applies may provide that the money paid to the Registrar by the first party is not to be paid out until the second party has performed the work or otherwise complied with the judgment.
“459. Section 217 applies, with necessary changes, in relation to a judgment of the Small Claims Court in proceedings on a goods application.
“460. (1) Subject to this Act, in proceedings on a trespass application the Small Claims Court may grant the same relief as the Supreme Court may grant in proceedings of a like nature instituted in the Supreme Court.
“(2) A person shall not contravene an order of the court in proceedings referred to in subsection (1).
Penalty:
(a) in the case of a natural person—50 penalty units or imprisonment for 6 months, or both;
(b) in the case of a body corporate—250 penalty units.
“461. In proceedings on an application for a debt declaration, the Small Claims Court may make an order declaring that a specified amount of money is or is not due or owing to the applicant.
“462. In addition to any order referred to in this Part, the Small Claims Court may, for the purposes of proceedings—
(a) make any other order for the purposes of its jurisdiction under another law of the Territory; or
(b) make any other order that it thinks fit.
“463. Judgments in proceedings on applications to the Small Claims Court may be enforced as follows:
(a) debt applications—under Part XIX;
(b) goods applications—under section 217;
(c) damages applications—under Part XIX;
(d) nuisance applications—as provided for by section 8;
(e) trespass applications—as provided for by section 460;
(f) applications for common boundaries determinations—under Part XIX;
(g) in relation to any judgment of the court requiring the payment of an amount of money—under Part XIX;
(h) in any application—as provided for by section 6.
“464. Section 228 applies, with necessary changes, in relation to a judgment of the Small Claims Court in relation to which 1 or more persons is (or are) jointly liable.
“465. Where the Small Claims Court makes an order affecting a person in the absence of that person, the Registrar shall cause notice of that order to be served on the person as soon as practicable.
“466. Section 154 applies in relation to an order of the Small Claims Court for the payment of an amount of money or costs where the person entitled to enforce the order has died.
“467. (1) An amount due under a judgment shall be paid to the Registrar or as the Small Claims Court otherwise directs.
“(2) If a person pays to the Registrar the whole of the amount due under a judgment, that person is no longer liable under that judgment to pay that amount.
“(3) The Registrar shall pay out an amount of money paid to the Registrar under subsection (1), and any amount paid into the Small Claims Court under section 413 in relation to the proceedings, subject to the fulfilment of any condition referred to in subsection 458 (2).
“468. (1) For the purposes of this Part, service of a document on a person shall be effected—
(a) by delivering the document to the person;
(b) by leaving the document at the last-known or usual place of residence or business of the person with some other person apparently living or employed at that place and apparently not less than 16 years old; or
(c) by the Registrar causing the document to be posted—
(i) in the case of a natural person—to the person at the address of his or her last-known or usual place of residence or business; or
(ii) where the person is a body corporate—to the body corporate at its last-known address.
“(2) After a document is served by post, the Registrar shall complete a Postal Service Certificate (Form 15) in respect of that service.
“(3) If the Small Claims Court is satisfied that service of a document under subsection (1) cannot be effected, it may order that—
(a) the document be served in such other manner as it thinks fit; or
(b) that a notice by advertisement or otherwise be substituted for service.
“(4) Service of a document by post—
(a) may be proved by production of the relevant Postal Service Certificate completed under subsection (2); and
(b) shall, unless the contrary is proved, be deemed to have been effected 2 days after the date of posting.
“469. (1) This section applies where—
(a) a document in proceedings has been served in a manner other than by personal delivery; and
(b) the Small Claims Court is satisfied that—
(i) the document did not come to the knowledge of the party served within a reasonable time; or
(ii) doubt exists whether the document came to the knowledge of the party served within a reasonable time.
“(2) Where this section applies, the Small Claims Court shall—
(a) not allow any fresh step in the proceedings to be taken against the party served;
(b) make an order—
(i) that the proceedings be struck out or adjourned; or
(ii) that the relevant document be re-served on that party in the manner (if any) specified in the order; and
(c) make such other orders, and give such directions, as it thinks just.
“(3) The Small Claims Court may proceed under subsection (2) on the application of the Registrar or any party, or of its own motion.”.