1. Jurisdiction

Question 1

What are the jurisdictions in QLD:

Answer 1

1. Magistrate court: monetary limit: $150,000: s2 MCA.

Calculation is total of amount for goods/chattel and any damages for the detention of the goods/chattel: s4(2). Does not include interest: s4AAA.

Can have jurisdiction in proceedings exceeding the monetary limit if parties consent: s4A MCA

2. District Court: monetary limit: $750,000: s68 (2) DCA. Calculation does not include interest s68(3) DCA.
3. Supreme Court:  Unlimited jurisdiction in QLD (subject to the Cth Constitution): s58(2)(b).

Question 2

What matters can MCT decide?

Answer 2

All personal actions, actions to recover sums, equitable claims or demands: s4(1)(a) MCA

Can determine all relevant actions in a summary way: s4(1)(a) MCA.

**Cannot grant injunctions **or declarations: s4(1)(c) MCA.

As equitable relief limited to the recovery of money/delivery of possession: s4(1)(c) MCA

Question 3

What can the DCT decide?

Answer 3

All personal actions including equitable claims, debt, damages, or compensation arising under any Act: s68(1)(a) DCA

Various actions including relief against fraud, specific performance of agreement for sale, dissolving or winding up partnership, re property under the Property Law Act- 1974, administration of decease estate, execution of trust, restrain by injunction re land etc: s68(1)(b) DCA.

Question 4

What is the definition for property?

Answer 4

‘property’ means any legal or equitable estate or interest and includes things in action: Acts Interpretation Act 1954 (Qld)

Question 5

What matters can SCT decide?

Answer 5

Has jurisdiction necessary to administer justice in QLD: s58(1)

May order that a proceeding pending in DCT or MCT Crt be transferred to the SCT: s25(1) Civil Proceedings Act 2011 (CPA)

May order that a proceeding pending in SCT for which DCT or a MCT has jurisdiction, be transferred to a crt having jurisdiction: s25(2) CPA

Question 6

What is the FCT jurisdiction?

Answer 6

Original jurisdiction **as vested in it by statute, **including where vested to hear appeals from decisions of persons, authorities or tribunals other than courts: s19 FCA; s39B(1A)(c) Judiciary Act

Where FCT has original jurisdiction can determine the whole controversy, even if the (federal) claim only forms a part: Elders

Relief sought can only be granted if some right exists by force of federal law: Elders v Swinbank

Question 7

What can FCT do?

Answer 7

ss20A, 20, 21, 22, 23, 31A FCA

In civil matters can deal with a matter without oral hearing if
(a) matter frivolous or vexatious;
(b) issues have been authoritatively determined in case law;
(c) determining matter would not be significantly aided by oral hearing because **no real issue of fact **and legal arguments can be dealt with in written submissions: s20A

In civil matters, where it has original jurisdiction, Crt can make binding declarations of right, whether or not any consequently relief cld be claimed: s21

Shall determine matters finally and completely: s22

Can make such orders, including interlocutory, and issue writs, as it thinks appropriate: s23. [NB. confers power on the Crt in relation to matters in which it has jurisdiction. Does not vest jurisdiction. But gives Crt very broad power to make any orders which are efficient and just in the administration of justice.]

Can grant summary judgment if no reasonable prospects of success: s31A FCA/r26 FCR

Single judge v bench determined by: s20 FCA