Small Claims Act 2016 (NT)

NORTHERN TERRITORY OF AUSTRALIA

SMALL CLAIMS ACT 2016

As in force at 1 May 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Definitions4 — Application...................................................................Part 2 — Small claims jurisdiction5 — Small claims limit6 — Small claims jurisdiction7 — RepresentationPart 3 — Miscellaneous8 — RegulationsPart 4 — Repeals and transitional matters for Small Claims Act 2016Division 1 — Repeals9 — Acts repealedDivision 2 — Transitional matters10 — Current proceedings to continue in Local CourtSchedule — Repealed ActsENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 May 2016

SMALL CLAIMS ACT 2016

An Act relating to small claims

Part 1Preliminary matters 1Short title

This Act may be cited as the Small Claims Act 2016.

2Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

3Definitions

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.

4Application

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 2Small claims jurisdiction 5Small 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.

6Small 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.

7Representation

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.

Part 3Miscellaneous 8Regulations

The Administrator may make regulations under this Act.

Part 4Repeals and transitional matters for Small Claims Act 2016Division 1Repeals 9Acts repealed

The Acts specified in the Schedule are repealed.

Division 2Transitional matters 10Current 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;

  • (b)

    a proceeding of the kind described in section 24 of the former Small Claims Act 1974.

  ScheduleRepealed 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

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