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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     (Repealed)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     (Repealed)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     (Repealed)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     (Repealed)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   PART 5 - (Repealed)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)