The slip rule (UCPR r 36.17) cannot be used retrospectively to transfer proceedings from the Small Claims Division to the General Division of the Local Court after final judgment, for the purpose of supplying jurisdiction for orders that were beyond the power of the Small Claims Division. A transfer of proceedings between divisions of the Local Court is not a mechanical or administrative matter but affects jurisdiction, procedure, powers and appeal rights. There is no power to order indemnity costs in the Small Claims Division of the Local Court, and s 98 of the Civil Procedure Act is an excluded provision in that Division.
The full text is available to signed-in members, including the 18 later cases that cite this judgment.
7 of the 18 citing cases carry a classified treatment. How each court treated it is available to signed-in members.