Section 68(1)(b)(viii) of the District Court of Queensland Act 1967 confers jurisdiction on the District Court to declare not only that a trust subsists but also in whose favour it subsists, provided the trust fund does not exceed the monetary limit. A proceeding for a declaration as to beneficial ownership of trust moneys cannot be brought in the Magistrates Court, which has no jurisdiction to grant declarations. Dismissal of proceedings without a hearing should not be used as an alternative to transfer between courts, particularly where dismissal would prejudice a party's rights under the Trust Accounts Act 1973.
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