DISTRICT COURT ACT 1973 - SECT 51
Consent jurisdiction
DISTRICT COURT ACT 1973 - SECT 51
Consent jurisdiction
51 Consent jurisdiction
(1) This section applies to an action or cross-claim that, but for this
section, the Court would not have jurisdiction to hear and dispose of by
reason only of the fact that the amount claimed exceeds the
jurisdictional limit of the Court as at the time the action was commenced.
(2) The Court has, and may exercise, jurisdiction to hear and dispose of an
action or cross-claim to which this section applies--
(b) the jurisdictional limit of
the Court in relation to an action commenced on or after 1 July 1993 but
before 18 July 1997 is taken to be $250,000, and
(c) the jurisdictional limit
of the Court in relation to an action commenced on or after 18 July 1997 but
before 16 December 2022 is taken to be $750,000.
(4) The maximum amount for
which judgment may be given in relation to an action or cross-claim that is
dealt with pursuant to subsection (2) (b) is an amount equivalent to 50 per
cent above the jurisdictional limit of the Court as at the time the action was
commenced.
(5) This section does not apply in relation to an action referred
to in section 44 (1) (c).
(7) In this section,
"memorandum of consent" in relation to an action or cross-claim means a
document signed by each party to the action or cross-claim, or the party's
Australian legal practitioner, in which it is stated that each of those
parties consents to the action or cross-claim being tried in the Court and is
aware that, unless the document is filed, the Court will not have jurisdiction
to dispose of the action or cross-claim.