Australian Capital Territory Consolidated Acts

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DOMESTIC RELATIONSHIPS ACT 1994 - SECT 10

Institution of proceedings

    (1)     Subject to subsection (2), proceedings under this Act may be instituted in—

        (a)     the Supreme Court; or

        (b)     the Magistrates Court.

    (2)     Unless the parties agree and the Magistrates Court thinks it is desirable to do so, that court does not have jurisdiction to hear and decide proceedings under this Act if—

        (a)     the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) exceeds the jurisdictional limit of the court; or

        (b)     the proceedings relate to a declaration in relation to title or right to property and the value of the property, or of the right to it, exceeds the jurisdictional limit of the court.

    (3)     In subsection (2):

"jurisdictional limit" means the maximum amount that may be claimed in a personal action at law that the Magistrates Court has jurisdiction to hear and decide under the Magistrates Court Act 1930 .



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