Small Claims Tribunals Act Amendment Act 1984 (Qld)

927 (l ueensh nth CN1 ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 83 of 1984 An Act to amend the Small Claims Tribunals Act 1973-1982 in certain particulars [ASSENTED TO 26TH OCTOBER, 1984]

928 Small Claims Tribunals Act Amendment Act 1984, No. 83 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. Short title and citation . (1) This Act may be cited as the Small Claims Tribunals Act Amendment Act 1984. (2) In this Act the Small Claims Tribunals Act1973-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Small Claims Tribunals Act1973-1984. 2. Commencement. (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as is provided by subsection (1), the provisions of this Act shall commence on a date appointed by Proclamation. 3. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) omitting the definition " claimant " and substituting the following definition:- " " claimant " means- (a) in relation to a small claim that arises out of a contract between a consumer and a trader, the consumer; (b) in relation to a small claim that arises out of a contract between traders, any of those traders; (c) in relation to a claim that is the subject of a dispute arising under the Dividing Fences Act1953-1982, any party to the dispute, who, in any such case, has duly referred the claim to a Small Claims Tribunal; "; (b) omitting the definition " respondent " and substituting the following definition:- " " respondent " means- (a) a trader against whom is made a small claim that is duly referred to a Small Claims Tribunal; (b) a party to a dispute, other than the claimant, concerning a claim that is duly referred to a Small Claims Tribunal; "; (c) in the definition " small claim ", inserting after the word " consumer " the words " or a trader ". 4. Amendment of s. 10. Functions of referees . Section 10 of the Principal Act is amended by, in subsection (1), omitting the words " small claim " and substituting the words " claim referred to in section 16 duly referred to the tribunal ". 5. Amendment of s. 16. Extent of jurisdiction. Section 16 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1);

Small Claims Tribunals Act Amendment Act 1984, No. 83 929 (b) adding at the end thereof the following subsection:- " (2) The jurisdiction conferred by subsection (I) may be exercised only upon a reference of a claim made by a person who in relation to that claim is of the description of person prescribed by paragraph (a), (b) or (c) of the definition " claimant " in section 4, whichever of those paragraphs is apposite to the claim.". 6. Amendment of s. 20. Orders of tribun als. Section 20 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- " (2) Subject to sections 21 and 22, a Small Claims Tribunal is empowered to make- (a) in the case of a small claim duly referred to it- (i) an order that requires a party to the proceeding before it, other than the claimant, to pay money to a person specified in the order; (ii) an order that requires a party to the proceeding before it, other than the claimant, to perform work to rectify a defect in goods or services to which the claim in the proceeding relates; (iii) an order that requires a party to the proceeding before it to return any goods to which the claim in the proceeding relates and which are in his possession or control to a person specified in the order; (iv) an order that combines any two or more of the orders referred to in paragraphs (i), (ii) and (iii); (v) where the small claim is for relief from payment of money, an order that money in an amount specified in the order is not due or owing by the claimant to a person specified in the order; or an order that requires the claimant to pay money in an amount specified in the order to a person specified in the order; (b) in the case of a claim referred to in paragraph (b) of section 16 (1) duly referred to it, any order that a Magistrates Court could make in respect of the claim pursuant to the Dividing Fences Act1953-1982; (c) in the case of any claim duly referred to it, an order that dismisses the claim; (d) in the case of any claim in relation to which a proceeding is before it, an order that the claim be struck out for want of jurisdiction; and no other order.

930 Small Claims Tribunals Act Amendment Act 1984, No. 83 7. New s. 23A. The Principal Act is amended by inserting after section 23 the following section:- " 23A. Examination of person required by order to pay money. (1) Where an order that requires the payment of money has been made by a Small Claims Tribunal and is unsatisfied, whether or not it is to be deemed pursuant to section 22 to be a judgment duly made by a Magistrates Court, the person in whose favour the order operates may, in the prescribed form, apply to a Small Claims Tribunal ex parte for an order that the person required by the order to pay money or, where that person is a body corporate or an entity other than a natural person, an officer, employee or agent thereof be orally examined before a referee as to whether any and what debts are owing to the person required by the order to pay money and whether that person has any and what property or means of satisfying the order. (2) The Small Claims Tribunal to which application is made under subsection (1) may make an order for the attendance and examination in accordance with this section of the person required by the order to pay money or, as the case may be, such officer, employee or agent and for the production by him of relevant books, deeds, papers or writings. (3) The following provisions apply in relation to an application made under subsection (1) and an examination ordered to be taken- (a) where an application is made under subsection (1) at a place other than where the order for the payment of money was made a copy of the order shall be filed with the application; (b) costs payable in respect of the filing, issue or service of any document for the purposes of the application or examination and the expenses of executing any warrant, subpoena or other process issued in connexion therewith shall be paid from moneys appropriated by Parliament for the purposes of the Department of Justice and from no other source; (c) an examination- (i) shall be taken at a place where Small Claims Tribunals are ordinarily constituted at or near the place where the person required by the order to pay money ordinarily resides or carries on business or has a principal place of business; (ii) shall be taken before a referee and may be conducted on behalf of the applicant by the registrar at the place where the examination is to be taken; (d) it is the duty of the registrar at the place where an examination is to be taken to conduct the examination on behalf of an applicant if he is requested by the applicant so to do and, where he does so, to furnish the applicant with a transcript of the evidence taken upon the examination;

Small Claims Tribunals Act Amendment Act 1984, No. 83 931 (e) except as provided in paragraph (b), expenses incurred by or on account of an applicant or a person to be examined or required by an order to pay money shall be borne by the applicant, or as the case may be, that person; (f) upon an examination no costs shall be allowed to or against an applicant or any person examined or required by an order to pay money. (4) The regulations may provide, consistently with subsection (3), for all matters necessary or desirable for the effectual exercise of the jurisdiction conferred by this section including the issue and execution of warrants and other process to secure compliance with orders made by a Small Claims Tribunal or a referee. (5) Where an order to pay money made by a Small Claims Tribunal is to be deemed, pursuant to section 22, to be a judgment duly made by a Magistrates Court, the procedure provided for by this section is in addition to any remedy provided for by the Magistrates Court Rules, 1960 (as amended): Provided that in such a case a person's affairs shall not be subjected to an examination as a result of an application made under this section and as a result of an application made independently of this section.". 8. Amendment of s. 24. Reference of claims to tribunal . Section 24 of the Principal Act is amended by- (a) in subsection (1), omitting all words from and including the expression " (1)-" to and including the words " Small Claims Tribunal " where they secondly occur and substituting the words " (1) A person who is competent to be a claimant and who wishes to refer a claim to a Small Claims Tribunal "; (b) in subsection (2), omitting the word " claimant " and substituting the words " person who appears to him to be competent to be a claimant and ".