Certain jurisdiction excluded
33 Certain jurisdiction excluded
The Court does not have jurisdiction under this Part to hear or determine any of the following kinds of proceedings—
proceedings in which the validity or effect of any devise, bequest or limitation under any will or settlement, or under any document in the nature of a settlement, is disputed,
proceedings for passing-off, wrongful arrest, false imprisonment, malicious prosecution or defamation,
proceedings for infringement of letters patent or copyright,
proceedings for invasion of privacy or other privacy contravention, including proceedings for administrative review under the Privacy and Personal Information Protection Act 1998, section 55,
proceedings in which the title to land is in question (other than proceedings on a claim in respect of which the question of the title to land is merely incidental).
Subsection (1)(d) does not apply to proceedings for invasion of privacy or other privacy contravention if the proceedings are of a class prescribed by the regulations for this subsection.
Despite the Civil and Administrative Tribunal Act 2013, section 34D(1), subsection (1)(d) prevails to the extent of any inconsistency between that paragraph and the Civil and Administrative Tribunal Act 2013, Part 3A.
The judgment of the Court in proceedings on a claim in respect of which the question of the title to land is merely incidental, as referred to in subsection (1) (e), is not admissible as evidence of the title to the land in any other legal proceedings.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Local Court Rules 2009 · Regulation
This Act’s bill:Explanatory memorandumSecond reading speech
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