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s 13A

Magistrates Court’s jurisdiction

In force
Part IIIDetermination of disputes
Division 2Disputes determined by the Magistrates Court

13A Magistrates Court’s jurisdiction

(1)

For the purpose of exercising the jurisdiction conferred by section 12A and 13, the Magistrates Court is to be constituted by a magistrate.

(2)

Despite subsection (1), a registrar of the Magistrates Court may, subject to the directions of a magistrate, exercise the court’s jurisdiction in respect of any application that is to be dealt with in accordance with Part 4 of the Magistrates Court (Civil Proceedings) Act 2004 if —

(a)

the application is within a prescribed class of applications; and

(b)

either —

(i)

the application is not disputed; or

(ii)

a party to the application does not appear.

(3)

An application made under this Act to the Magistrates Court shall be made to the court at the place nearest to the place where the premises the subject of the proceedings are situated.

(4)

Subsection (3) does not prevent the Magistrates Court from making an order under the Magistrates Court (Civil Proceedings) Act 2004 section 22 that proceedings under this Act are to be conducted at another place in the State.

[Section 13A inserted: No. 59 of 2004 s. 119; amended: No. 60 of 2011 s. 12.]

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