Other Qld Legislation Flashcards
District Court of Qld Act 1967 (Qld) s 68
68
Civil jurisdiction
(1)The District Court has jurisdiction to hear and determine—
(a)all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following—
(i)any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated;
(ii)any claim for detention of chattels;
(iii)any claim for rent or mesne profits;
(iv)any claim for any debt, damages or compensation arising under any Act; and
(b)the following actions and matters—
(i)for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit;
(ii)for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit;
(iii)for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit;
(iv)for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit;
(v)for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit;
(vi)for the sale or partition or division of property pursuant to the Property Law Act 1974, section 38 or 41, where the property does not exceed in amount or value the monetary limit;
(vii)for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit;
(viii)for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit;
(ix)relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit;
(x)for family provision pursuant to the Succession Act 1981, sections 40 to 43, but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit;
(xi)to recover possession of any land, where the value of the land does not exceed the monetary limit;
(xii)to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit;
(xiii)for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit;
(xiv)for the appointment under the Public Trustee Act 1978, section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit.
(2)In this section—
monetary limit means $750,000.
District Court of Qld Act 1967 (Qld) s 69
69
Powers of District Court
(1)Subject to this Act and to the rules of court, the District Court has, for the purposes of exercising the jurisdiction conferred by this part, all the powers and authorities of the Supreme Court, including the powers and authorities conferred on the Supreme Court by an Act, and may in any proceeding in like manner and to like extent—
(a)grant such relief or remedy; and
(b)make any order, including an order for attachment or committal in consequence of disobedience to an order; and
(c)give effect to every ground of defence or matter of set-off whether equitable or legal;
as may and ought to be done in like cases by a judge of the Supreme Court.
Example of power conferred on the Supreme Court by an Act—
the power of the Supreme Court under the Land Title Act 1994, section 127 (Removing a caveat) to order that a caveat be removed
(2)Without affecting the generality of subsection (1), the District Court shall, in any proceedings in which jurisdiction is conferred under this part, have power to grant relief—
(a)by way of a declaration of rights of the parties; and
(b)by way of injunction, whether interim, interlocutory or final, in the proceedings; and
(c)by staying the proceedings or part thereof; and
(d)by appointing a receiver including an interim receiver.
(3)To remove any doubt, it is declared that the District Court may grant a Mareva injunction or Anton Piller order in proceedings in which jurisdiction is conferred under this part.
(4)The appropriate officer of the District Court shall, in addition to any duties otherwise imposed on the officer, discharge—
(a)any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances; and
(b)any duty imposed on the officer by any order of the court.
(5)For the purposes of subsection (4) the appropriate officer of the District Court shall have the powers of the relevant officer of the Supreme Court.
Magistrates Court Act 1921 (Qld) ss 2 and 4
s 2 - definitions (prescribed limit means $150,000)
s 4
Jurisdiction of Magistrates Courts
(1)Subject to this Act—
(a)every personal action in which the amount, value or damage sought to be recovered is not more than the prescribed limit, whether on a balance of account or after an admitted set-off or otherwise, including any claim for detention of goods or chattels; and
(b)every action brought to recover a sum of not more than the prescribed limit, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will; and
(c)every action in which a person has an equitable claim or demand against another person in respect of which—
(i)the only relief sought is—
(A)the recovery of a sum of money or of damages, whether liquidated or unliquidated; or
(B)the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and
(ii)the amount, value or damage claimed is not more than the prescribed limit;
may be commenced in a Magistrates Court, and all Magistrates Courts shall within their respective districts have power and authority to hear and determine in a summary way all such actions.
(2)For the purpose of determining whether a Magistrates Court has jurisdiction under subsection (1) for a claim for detention of goods or chattels, the amount claimed is taken to be the total of—
(a)the amount claimed for the value of the goods or chattels; and
(b)any amount claimed for damages for the detention of the goods or chattels.
Meaning of property in Acts Interpretation Act 1954 (Qld)
property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action.
S 58 - Constitution of Queensland 2001 (Qld)
58 Supreme Court’s superior jurisdiction
(1) The Supreme Court has all jurisdiction necessary for the administration of justice in Queensland.
(2) Without limiting subsection (1), the court—
(a) is the superior court of record in Queensland and the supreme court of general jurisdiction in and for the State; and
(b) has, subject to the Commonwealth Constitution, unlimited jurisdiction at law, in equity and otherwise.
Civil Proceedings Act 2011 (Qld) s 25
25
Transfer by Supreme Court—general
(1)The Supreme Court may order that a proceeding pending in the District Court or a Magistrates Court be transferred to the Supreme Court.
(2)The Supreme Court may order that a proceeding pending in the Supreme Court for which the District Court, or a Magistrates Court, has jurisdiction be transferred to a court having jurisdiction.
Civil Proceedings Act 2011 (Qld) s 33
33
Costs
(1)This section applies if a proceeding is transferred under this part.
(2)Unless the court orders otherwise, costs are in accordance with the scale of costs for the court in which the proceeding was pending when the costs were incurred.
(3)A court to which all or part of a proceeding is transferred may make an order about costs before the transfer if those costs are not dealt with by an order made before the transfer.
