LOCAL COURT ACT 2007 - SECT 31 Jurisdictional limits may be exceeded for certain money claims

LOCAL COURT ACT 2007 - SECT 31

31 Jurisdictional limits may be exceeded for certain money claims

(cf LCA 1982, section 66)

(1) When sitting in its General Division, the Court has jurisdiction to hear and determine proceedings on a money claim for an amount not exceeding 20 per cent more than the jurisdictional limit of the Court when sitting in its General Division:

(a) if a memorandum of consent has been filed in relation to the proceedings, or

(b) if no objection to the Court's jurisdiction has been raised by any of the parties prior to one month before the trial of the proceedings commences.

(2) A memorandum of consent referred to in subsection (1) (a) does not have effect unless:

(a) it is signed by each party to the proceedings, or by the party's Australian legal practitioner, and

(b) it states that each of those parties consents to the proceedings being heard and determined by the Court and is aware that, unless the memorandum is filed, the Court will not have jurisdiction to hear or determine the proceedings.

(3) This section applies despite section 30 (1) (a).

(4) Nothing in this section limits the operation of section 140 of the Civil Procedure Act 2005 .