New South Wales Consolidated Acts

DISTRICT COURT ACT 1973 - SECT 134

134 Jurisdiction in equity proceedings

(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for:

(a) the foreclosure or redemption of a mortgage or the enforcing of any charge or lien where the amount owing in respect of the mortgage, charge or lien does not exceed $20,000, as determined by the Court,

(b) the specific performance, rectification, delivery up or cancellation of any agreement for:

(i) the sale or purchase of any property at a price not exceeding $20,000, or

(ii) the lease of any property the value of which does not exceed $20,000, as determined by the Court,

(c) an order under section 3 of the Testator’s Family Maintenance and Guardianship of Infants Act 1916 or a family provision order under Chapter 3 of the Succession Act 2006 ,

(d) relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed $20,000 in amount or value, as determined by the Court,

(e) 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 $20,000 in amount or value, as determined by the Court, or

(f) the administration of the estate of a deceased person, where the estate does not exceed $20,000 in amount or value, as determined by the Court, or

(g) any application under the Property (Relationships) Act 1984 , or

(h) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which any other paragraph of this subsection applies), in an amount not exceeding the Court’s jurisdictional limit.

(2) In any proceedings pursuant to subsection (1) (c), the Court shall not have power to make an order for provision under the Testator’s Family Maintenance and Guardianship of Infants Act 1916 or Chapter 3 of the Succession Act 2006 that will or may result in the amount of provision so made exceeding $250,000.

(3) In any proceedings pursuant to subsection (1) (g), the Court has no power to make an order for financial adjustment under Part 3 of the Property (Relationships) Act 1984 that will or may result in the amount of the adjustment so made exceeding $250,000.