Dividing Fences Act and Another Act Amendment Act 1982 (Qld)

653 ANNO TRICESIMO PRIM ELIZABETHAE SECUNDAE REGINAE No. 40 of 1982 An Act to amend the Dividing FencesAct 1953-1972 and the Small Claims TribunalsAct 1973-1978 each in certain particulars [ASSENTED TO ISTII SF.PTEMRI"R, 1982]

654 Dividing Fences Act and Another Act Amendment Act 1982, No. 40 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:- PART I-PRELIMINARY 1. Short title and citation . This Act may be cited as the Dividing Fences Act and Another Act Amendment Act 1982. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE DIVIDING FENCES ACT 1953-1972; PART 111-AMENDMENTS OF THE SMALL CLAIMS TRIBUNALS ACT1973-1978. PART 11-AMENDMENTS OF THE DIVIDING FENCES ACT 1953-1972 4. Principal Act and citation as amended . (1) In this Part, the Dividing Fences Act1953-1972 is referred to as the Principal Act. (2) The Principal Act as amended by this Fart may be cited as th-- Dividing Fences Act1953-1982. 5. Amendment of s. 6. Meaning of terms . Section 6 of the Principal Act is amended by inserting after the definition " Registered surveyor " the following definition:- " " Small claims tribunal "-A small claims tribunal constituted under the Small Claims Tribunals Act1973-1982; ". 6. Amendment of s. 9. Proceedings consequent on notice to fence. Section 9 of the Principal Act is amended in subsections (1) and (4) by inserting after the words " magistrates court " wherever occurring the words " or small claims tribunal ". 7. Amendment of s. 10. Proceedings on failure to carry out agreement or order. Section 10 of the Principal Act is amended by inserting after the words " magistrates court " the words " or small claims tribunal ". 8. Amendment of s. 14 . Failure to carry out an order to repair. Section 14 of the Principal Act is amended by inserting after the words " magistrates court " the words " or small claims tribunal ". 9. Amendment of s. 16. Procedure to compel contribution. Section 16 of the Principal Act is amended by- (a) inserting after the words " magistrates court " wherever occurring the words " or small claims tribunal ";

Dividing Fences Act and Another Act Amendment Act 1982, No. 40 655 (b) inserting after the word "court" where twice occurring the words " or small claims tribunal ". 10. Amendment of s. 18 . Jurisdiction of and proceedings in magistrates courts. Section 18 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section inserting after the words " magistrates courts " the words " or small claims tribunals "; (b) in subsection (1) omitting the words " and that court " and substituting the words " or, except in relation to section eleven, may be made to a small claims tribunal in accordance with the Small ClaimsTribunals Act1973-1982 and that court or small claims tribunal "; (c) in subsection (2) omitting the words " which court " and substituting the words " or, except in relation to section eleven, shall be made to a small claims tribunal in accordance with the Small ClaimsTribunals Act1973-1982 and that court or small claims tribunal "; (d) in subsection (3), in the first paragraph, inserting after the words " any proceedings " the words " in a magistrates court ". 11. Amendment of s. 19. Recovery of money payable. Section 19 of the Principal Act is amended- (a) by inserting after the words " clerk of the court" the words or a registrar "; (b) by inserting after the words " magistrates court " the words or small claims tribunal ". 12. Amendment of s. 23. Notices . Section 23 of the Principal Act is amended by- (a) in subsection (3) inserting after the word " court " the words or small claims tribunal ". (b) in subsection (6) inserting after the words " magistrates court where twice occurring the words " or small claims tribunal ". PART Ill-AMENDMENTS OF THE SMALL CLAIMS TRIBUNALS ACT 1973-1978 13. Principal Act and citation as amended . (1) In this Part, the Small Claims Tribunals Act1973-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Small Claims Tribunals Act1973-1982. 14. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) in the definition " claimant " omitting the word " consumer and substituting the word " person (b) in the definition " small claim " omitting the expression " $1 000 wherever occurring and substituting the expression " $1 500".

656 Dividing Fences Act and Another Act Amendment Act 1982, No. 40 15. Repeal of and new s. 16. The Principal Act is amended by repealing section 16 and substituting the following section:- " 16. Extent of jurisdiction . Subject to this Act, a Small Claims Tribunal has jurisdiction with respect to- (a) any claim referred to it that is a small claim; and (b) any claim that is the subject of dispute arising under the Dividing Fences Act1953-1982 if all parties to the dispute agree that a reference of the claim should be heard and determined by a Small Claims Tribunal and if the claim concerns an amount or value not exceeding $1 500.". 16. Amendment of s. 17. Exclusion of other jurisdictions . Section 17 of the Principal Act is amended by- (a) in subsection (1), omitting the words " being a small claim and substituting the words " being one referred to in section 16 "; (b) in subsection (2), omitting the words " a small claim " and substituting the words " a claim referred to in section 16 ". 17. Amendment of s. 20. Orders of tribunals . Section 20 of the Principal Act is amended in subsection (2) by- (a) inserting after paragraph (e) the following paragraph:-- (f) in the case of a claim referred to in paragraph (b) of section 16, any order that a magistrates court could make in respect of a like claim pursuant to the Dividing Fences Act1953-1982; "; (b) renumbering paragraphs (f) and (g) as paragraphs (g) and (h) respectively. 18. Amendment of s. 21. Restricted effect of tribunal ' s orders. Section 21 of the Principal Act is amended by omitting the expression " $1000 " wherever occurring and substituting the expression " $1500 ". 19. Amendment of s. 22. Provisions affecting the making and enforcement of orders to pay money. Section 22 of the Principal Act is amended by, in subsection (3), inserting after the words " is to be made resides " the words " or has a place of business ". 20. Repeal of and new s. 24. The Principal Act is amended by repealing section 24 and substituting the following section:- 24. Reference of claims to tribunal. (1)- A consumer who wishes to refer his claim, being a small claim, to a Small Claims Tribunal; or A party to a dispute arising under the DividingFences Act1953-1982 who wishes to refer a claim that is the subject of the dispute to a Small Claims Tribunal shall complete the prescribed form and file the same in a registry situated in the Magistrates Court District in which the claim either wholly or in some material point arose and shall pay the prescribed fee to the registrar at the time of filing.

Dividing Fences Act and Another Act Amendment Act 1982, No. 40 657 (2) It is the duty of the registrar to give his assistance to a claimant who seeks it in completing the prescribed claim form .". 21. Amendment of s. 28. Definition . Section 28 of the Principal Act is amended by omitting the words " a small claim " and substituting the words " a claim duly referred to it ". 22. Amendment of s. 42 . Supply and publication of particulars. Section 42 of the Principal Act is amended in subsection (2) by omitting the words " to a Small Claims Tribunal " and substituting the words " (other than a reference in relation to a dispute arising under the DividingFences Act1953-1982) to a Small Claims Tribunal in which is made- (a) an order conferring an entitlement on the claimant; or (b) an order in favour of the claimant ".