SMALL CLAIMS ACT 2016

NORTHERN TERRITORY OF AUSTRALIA SMALL CLAIMS ACT 2016 As in force at 1 May 2016 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Application of Criminal Code ........................................................... 2 Part 2 Small claims jurisdiction 5 Small claims limit ............................................................................. 2 6 Small claims jurisdiction .................................................................. 2 7 Representation ................................................................................ 2 Part 3 Miscellaneous 8 Regulations...................................................................................... 3 Part 4 Repeals and transitional matters for Small Claims Act 2016 Division 1 Repeals 9 Acts repealed................................................................................... 3 Division 2 Transitional matters 10 Current proceedings to continue in Local Court............................... 3 Schedule Repealed Acts ENDNOTES -- 1 of 8 -- -- 2 of 8 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 May 2016 ____________________ SMALL CLAIMS ACT 2016 An Act relating to small claims Part 1 Preliminary matters 1 Short title This Act may be cited as the Small Claims Act 2016. 2 Commencement This Act commences on the day fixed by the Administrator by Gazette notice. 3 Definitions In this Act: claim includes a cause of action. small claims jurisdiction, of the Tribunal, means the jurisdiction conferred by section 6. small claims limit, see section 5. Tribunal means the Civil and Administrative Tribunal. Tribunal Act means the Northern Territory Civil and Administrative Tribunal Act 2014. Note for section 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. -- 3 of 8 -- Part 2 Small claims jurisdiction Small Claims Act 2016 2 4 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 4 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Small claims jurisdiction 5 Small claims limit (1) The small claims limit is $25 000. (2) For determining whether a claim is within the Tribunal's small claims jurisdiction, the amount or value of the claim is to be determined exclusive of any costs or interest that might be awarded by the Tribunal. 6 Small claims jurisdiction Subject to this Act and any other Act, the Tribunal has jurisdiction to deal with a claim for any of the following: (a) the recovery of an amount that does not exceed the small claims limit; (b) the performance of work, to a value that does not exceed the small claims limit; (c) relief from payment of an amount of money that does not exceed the small claims limit; (d) the return or replacement of goods, to a value that does not exceed the small claims limit. Notes for section 6 1 Under section 32 of the Tribunal Act, the small claims jurisdiction comes within the Tribunal's original jurisdiction. 2 Section 13A of the Local Court Act 2015 confers limited concurrent jurisdiction on the Local Court in relation to claims mentioned in this section. 7 Representation Despite section 130(1)(b) of the Tribunal Act, a party to a proceeding in the small claims jurisdiction is entitled to appear by a legal practitioner only with the leave of the Tribunal. -- 4 of 8 -- Part 4 Repeals and transitional matters for Small Claims Act 2016 Division 2 Transitional matters Small Claims Act 2016 3 Part 3 Miscellaneous 8 Regulations The Administrator may make regulations under this Act. Part 4 Repeals and transitional matters for Small Claims Act 2016 Division 1 Repeals 9 Acts repealed The Acts specified in the Schedule are repealed. Division 2 Transitional matters 10 Current proceedings to continue in Local Court (1) This section applies if, before the commencement: (a) a small claims proceeding had been commenced in the Local Court; and (b) the proceeding, including any appeals that might be made, had not been finally determined. (2) The former law continues to apply in relation to the proceeding, including any appeals, as if this Act and the Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 had not commenced. (3) In this section: commencement means the commencement of section 9. former law means: (a) the former Small Claims Act 1974 (being Act No. 67 of 1974, as amended) before its repeal by section 9; and (b) the Local Court Act 1989, as in force immediately before the commencement. small claims proceeding means either of the following: (a) a proceeding under the former Small Claims Act 1974; -- 5 of 8 -- Part 4 Repeals and transitional matters for Small Claims Act 2016 Division 2 Transitional matters Small Claims Act 2016 4 (b) a proceeding of the kind described in section 24 of the former Small Claims Act 1974. -- 6 of 8 -- Schedule Repealed Acts Small Claims Act 2016 5 Schedule Repealed Acts section 9 Small Claims Ordinance 1974 Act No. 67 of 1974 Small Claims Ordinance 1977 Act No. 39 of 1977 Small Claims Amendment Act 1981 Act No. 10 of 1982 Small Claims Amendment Act 1988 Act No. 43 of 1988 Small Claims Amendment Act 1997 Act No. 21 of 1997 Small Claims Amendment Act 2001 Act No. 63 of 2001 -- 7 of 8 -- ENDNOTES Small Claims Act 2016 6 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Small Claims Act 2016 (Act No. 4, 2016) Assent date 2 March 2016 Commenced 1 May 2016 (Gaz G15, 13 April 2016, p 4) Justice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act No. 3, 2016) Assent date 2 March 2016 Commenced pt 3: nc; rem: 1 May 2016 (s 2, s 2 Local Court Act 2015 (Act No. 15, 2015), Gaz G1, 6 January 2016, p 9 and Gaz G15, 13 April 2016, p 4) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 6 and 10. 4 LIST OF AMENDMENTS s 6 amd No. 3, 2016, s 27 -- 8 of 8 --