DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 50
DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 50
50 . Civil jurisdiction
(1) Subject to
section 51 the Court has the same jurisdiction to hear and determine and may
exercise all the powers and authority that the Supreme Court has and may
exercise from time to time, in relation to —
(a) all
personal actions, other than those of the kind referred to in subsection (2),
where the amount, value or damages sought to be recovered is not more than the
jurisdictional limit, whether on the original claim or demand or a balance
after allowing payment on account, or the amount of any set off admitted by
the plaintiff;
(aa) an
action brought claiming an indemnity where the action arises from or relates
to another action that is before the Court or that has been heard and
determined by the Court;
(b) an
action brought to recover a sum of not more than the jurisdictional limit
which is the whole or part of the unliquidated balance of a partnership
account, including in any such action jurisdiction, powers and authority
relating to declaration of partnership or dissolution of partnership;
(ba) an
action brought to recover a sum of not more than the jurisdictional limit
which is the amount or part of the amount of the distributive share under an
intestacy or of a legacy under a will;
(bb) an
action for specific performance of or for the rectifying, delivering up, or
cancelling of any agreement whatever, where the amount in dispute or the value
of the property affected is not more than the jurisdictional limit;
(c) an
action of replevin where the value of the goods seized is not more than the
jurisdictional limit;
(d) an
action of ejectment to recover possession of any land, where the value of the
land does not exceed one half of the jurisdictional limit by the year or where
the rent exclusive of ground rent, if any, payable in respect of the land does
not exceed one half of the jurisdictional limit by the year;
(e) any
action, whether commenced in the Court or the Supreme Court, in which the
amount, value or damages sought to be recovered exceeds the jurisdictional
limit in which the parties thereto agree by a memorandum signed by them or by
their respective solicitors, that the Court has power to hear and determine;
(f) all
other actions or matters in respect of which jurisdiction is given to the
Court by or under this or any other Act.
(1a) A sum of money
referred to in subsection (1) does not include any interest which may be
payable in the particular action.
(2) The Court has the
same jurisdiction to hear and determine, and may exercise all the powers and
authority, that the Supreme Court has and may exercise from time to time in
relation to all personal actions making a claim for damages in respect of the
death of or bodily injury to a person and in relation to all proceedings
arising with respect to those personal actions under the
Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act
1947 .
[Section 50 amended: No. 14 of 1970 s. 10; No. 40
of 1972 s. 8; No. 69 of 1976 s. 5; No. 118 of 1981 s. 9; No. 122 of 1984 s. 8;
No. 53 of 1992 s. 11(1) and 12; No. 59 of 2004 s. 82(2).]