District Courts Acts Amendment Act of 1963 (Qld)

5 Qllevliglant ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE .....^.. No. 4 of 1963 An Act to Amend " The District Courts Acts, 1958 to 1960 ," in certain particulars [ASSENTED TO 23RD SEPTEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The District Courts Acts Amendment Act of 1963." (2) Principal Act. " The District Courts Acts, 1958 to 1960," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The District Courts Acts, 1958 to 1963." 2. (1) Amendment of s. 15 . Section fifteen of the Principal Act is amended by omitting the words " four thousand five hundred " and by inserting in lieu of those words the words " five thousand ". (2) Commencement . This section of this Act shall be deemed to have come into force on and from the first day of July, one thousand nine hundred and sixty-three, and shall operate retrospectively accordingly.

6 District Courts Acts Amendment Act of 1963, No. 4 3. New ss. 130A, 130B , 1300 and 130D inserted . The Principal Act is amended by inserting after section one hundred and thirty the following sections:- "[130A.] Plaintiff's right to transfer action of contract or tort from Magistrates Court so as to increase his claim . Where there is now or hereafter pending in a Magistrates Court an action founded on contract or tort wherein the plaintiff claims damages, the plaintiff may at any time apply to a District Court or a Judge thereof for an order to transfer the action to a District Court on the ground that there is reasonable ground for supposing the amount recoverable in respect of his claim to be in excess of the amount recoverable in a Magistrates Court. If, on any such application the Judge is satisfied that there is reasonable ground as aforesaid, the Judge shall make an order that the action be transferred to a District Court. [130B .] Transfer of certain actions of contract or tort from Magistrates Court at defendant ' s instance . Where there is now or hereafter pending in a Magistrates Court any action founded on contract or tort, the defendant may make application to a District Court or a Judge thereof to transfer the action to a District Court. The Judge shall not grant the application unless he is satisfied that some important question of law or fact is likely to arise and the order for transfer of the action shall be subject to the defendant giving security to be approved by the Registrar for the costs of the trial in a District Court. [130C.] Procedure where proceedings beyond jurisdiction are commenced in Magistrates Court . Where any proceedings are now or hereafter pending in a Magistrates Court in which a Magistrates Court has no jurisdiction, that Magistrates Court shall, unless it is given jurisdiction by an agreement made under the provisions of the Rules under " The Magistrates Courts Acts, 1921 to 1954," order that the proceedings be transferred to a District Court: Provided that where, on the application of any defendant, it appears to the Magistrates Court that the plaintiff or one of the plaintiffs knew or ought to have known that a Magistrates Court had no jurisdiction in the proceedings, the Magistrates Court may, if it thinks fit, instead of ordering that the proceedings be transferred as aforesaid, order that it be struck out. [130D .] The pi ovisions of the last three preceding sections shall be read subject to the provisions of sections 149A, 149B, and 149c of this Act." 4. New ss. 149A, 149B , 149C,.149D and 149E inserted . The Principal Act is amended by inserting after section one hundred and forty-nine the following sections:- " [149A.] Plaintiff ' s right to tr ans fer action of contract or tort from District Court so as to increase his claim . Where there is now or hereafter pending in a District Court an action founded on contract or tort wherein the plaintiff claims damages, the plaintiff may at any time apply to a Judge of the Supreme Court for an order to transfer the action to the Supreme Court, on the ground that there is reasonable ground for supposing the amount recoverable in respect of his claim to be in excess of the amount recoverable in the action in a District Court. If, on any such application, the Judge is satisfied that there is reasonable ground as aforesaid, the Judge shall make an order that the action be transferred to the Supreme Court.

District Courts Acts Amendment Act of 1963, No. 4 7 [ 1491L] Transfer of certain actions of contract or tort from District Court at Defendant ' s instance . Where there is now or hereafter pending in a,.District Court any action founded on contract or tort, the defendant may make application to a Judge of the Supreme Court to transfer the action to the Supreme Court. The Judge shall not grant the application unless he is satisfied some important question of law or fact is likely to arise and the order for transfer of the action shall be subject to the defendant giving security to be approved by the Registrar for the costs of the trial in the Supreme Court. (149C.] Procedure where proceedings beyond jurisdiction are commenced in District Court. Where any proceedings are now or hereafter pending in a District Court in which a District Court has no jurisdiction, that Court shall, unless it is given jurisdiction by an agreement made under the provisions of section 67 of " The District Courts Acts, 1958 to 1960," order that the proceedings be transferred to the Supreme Court: Provided that where, on the application of any defendant, it appears to a District Court that the plaintiff or one of the plaintiffs knew or ought to have known that a District Court had no jurisdiction in the proceedings, a District Court may, if it thinks fit, instead of ordering that the proceedings be transferred as aforesaid, order that they be struck out. [149D. ] Jurisdiction as to counter-claims . (1.) Where, in any action now or hereafter pending in a District Court, any counter-claim or set-off and counter-claim which involves matter beyond the jurisdiction of a District Court has been filed by any defendant, any party to the action may, within fourteen days after the filing of the said counter-claim or set-off and counter-claim, apply to a Judge of the Supreme Court for an order that the whole proceedings, or the' proceedings on the said counter-claim or set-off and counter-claim be transferred to the Supreme Court. (2.) On any such application the Judge of the Supreme Court may, as he thinks fit, order either- (i.) That the whole proceedings be transferred to the Supreme Court; or (ii.) That the whole proceedings be heard and determined in a District Court; or (iii.) That the proceedings on the counter-claim or set-off and counter-claim be transferred to the Supreme Court and that the proceedings on the plaintiff's claim and the defence thereto other than the set-off (if any) be heard and determined in a District Court: Provided that, where an Order is made under paragraph (iii.) of this sub-rule, and judgment on the claim is given for the plaintiff, execution thereon shall, unless the Supreme Court or a Judge thereof at any time otherwise orders, be stayed until the proceedings transferred to the Supreme Court have been determined. (3.) Where the Supreme Court makes any order under the provisions of this rule, the Registrar shall forward to the Registrar of the District Court'a copy of the order so made. (4.) If no application is made under this section within the time prescribed, or if on such an application it is ordered that the whole proceedings be heard and determined in a District Court, the District Court shall have jurisdiction to hear and determine the whole proceedings, notwithstanding any enactment to the contrary.

District Courts Acts Amendment Act of 1963, No. 4 [149E.] Application of Statutes of Limitations. Any action, matter or proceeding which has been or may be- (a) Remitted or transferred from the Supreme Court or another Court to a District Court; or (b) Removed or remitted or transferred from a District Court to the Supreme Court or another Court, shall be deemed, for the purposes of " The Law Reform (Limitation of Actions) Act of 1956," " The Limitation (Persons under Disabilities) Act of 1962 " and " The Limitation Act of 1960 " or any other enactment prescribing a period of limitation within which an action, matter or proceeding may be brought, to have been brought in the Court to which it has been removed, remitted or transferred on the day the action, matter or proceeding was originally brought whether in the Supreme Court, a District Court or any other Court."