MAGISTRATES COURTS ACT 1921 - As at 20 September 2023 - Act 22 of 1921
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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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PART 5 - (Repealed)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
Subdivision 1 - What is conciliation
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)