MAGISTRATES COURTS ACT 1921 - As at 20 September 2023 - Act 22 of 1921

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Definitions
• 3 Registrars
• 3A Principal clerk of courts is principal registrar
• 3B Delegation by registrar
• 3C Appointment of bailiffs and bailiff’s assistants

PART 2 - JURISDICTION

• 4 Jurisdiction of Magistrates Courts
• 4AAA Calculating whether amount, value, damage or sum is more than prescribed limit
• 4AA Proceeding commenced in central registry
• 4AB Preliminary disclosure orders
• 4A Consent jurisdiction
• 5 Abandonment of excess etc.
5A. (Repealed)
• 6 Splitting debt by giving bills etc.
• 7 Title to land etc.
• 8 Infants
• 9 Executors etc.
• 10 Corporations
• 11 Plaint when equitable claim
12. (Repealed) 13. (Repealed)

PART 3 - MAGISTRATES COURT

• 14 Magistrates Courts to be courts of record
• 14A Business of Magistrates Court
• 14B Process returnable in registry where issued but effective throughout State
• 15 In what Magistrates Courts actions to be brought
• 16 Constitution of Magistrates Courts
17. (Repealed)

PART 4 - PRACTICE AND PROCEDURE

• 18 Court appearance
• 19 Laws of evidence
• 20 Evidence

PART 5 - (Repealed)

PART 5A - PROCESSES FOR EMPLOYMENT CLAIMS

Division 1 - Preliminary

• 42A Object of pt 5A
• 42B Application of pt 5A
• 42C Decision of Magistrates Court about whether claim is an employment claim

Division 2 - Conciliation of disputes

• 42D Meaning of conciliation process
• 42E Functions of conciliator
Subdivision 2 - Starting conciliation process
• 42F Registrar must appoint conciliator
• 42G Requirement for conciliator to start conciliation process
Subdivision 3 - Conduct of conciliation process
• 42H Attendance at and participation in conciliation process
• 42I Procedure for conciliation process
• 42J Limited right to representation
• 42K No fee or costs payable to conciliator by parties
Subdivision 4 - Procedure for finishing conciliation process
• 42L Conciliator to file certificate
• 42M Conciliation agreements
• 42N Orders giving effect to conciliation agreement
Subdivision 5 - Confidentiality, protection and immunity
• 42O Conciliators to maintain secrecy
• 42P Ordinary protection and immunity allowed
• 42Q Admission made in conciliation process
• 42R No official record of conciliation process
Subdivision 6 - Approval of conciliators
• 42S Approval of members of industrial relations commission
• 42T Approval of other persons by Chief Magistrate
• 42U Revocation of approval
• 42V Appeal against refusal to approve as, or revocation of approval of, conciliator
• 42W Payment of conciliators
• 42X Conciliation register

Division 3 - Special provisions for proceedings heard in Magistrates Court

• 42Z Application of div 3
• 42ZA Representation of parties
• 42ZB No inference may be drawn from failure to settle
• 42ZC Limitation on awarding of costs

PART 6 - JUDGMENTS, NEW TRIALS, APPEALS AND RELATED MATTERS

• 43 Judgments to be final
• 44 New trial
• 45 Appeal
• 45A Limitation on appeal if simplified procedures apply
• 46 Special case stated
• 47 Jurisdiction of the District Court
48. (Repealed) 49. (Repealed)

PART 7 - MISCELLANEOUS

• 50 Contempt
• 51 Transferred proceeding
52. (Repealed)
• 53 Action against officers
• 54 Court fees
• 55 Fees and fines to be paid to consolidated fund
• 56 Fines, how to be enforced
• 57 Procedure of court
• 57A Annual report
• 57B Finance
• 57C Rule-making power
• 58 Regulation-making power

PART 8 - (Repealed)

PART 9 - VALIDATIONS, SAVINGS AND TRANSITIONAL

• 59 References to Small Debts Court
• 60 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
• 61 Outdated references
• 62 Transitional provision for Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020
• SCHEDULE - (Repealed)