AustLII Tasmanian Numbered Regulations

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MAGISTRATES COURT (CIVIL DIVISION) (MINOR CIVIL CLAIMS) REGULATIONS 2023 (S.R. 2023, NO. 77) - REG 3

Prescribed minor civil claims

(1)  For the purpose of paragraph (a) of the definition of minor civil claim in section 3 of the Magistrates Court (Civil Division) Act 1992 , a claim or counterclaim for damages, or for the payment of money, is a minor civil claim if the amount claimed does not exceed $15 000.
(2)  For the purpose of paragraph (b) of the definition of minor civil claim in section 3 of the Magistrates Court (Civil Division) Act 1992 , the following are prescribed to be minor civil claims:
(a) proceedings for damages under the Residential Tenancy Act 1997 , if the amount claimed does not exceed $15 000;
(b) proceedings under any provision of the Residential Tenancy Act 1997 that confers a right to apply to, or appeal to, the Court;
(c) proceedings under any provision of the Irrigation Clauses Act 1973 that confers a right to apply to, or appeal to, the Court;
(d) proceedings under any provision of the Access to Neighbouring Land Act 1992 that confers a right to apply to, or appeal to, the Court.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 29 November 2023

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –
(a) prescribe certain proceedings to be minor civil claims for the purpose of the definition of minor civil claim in the Magistrates Court (Civil Division) Act 1992 ; and
(b) are made consequentially on the repeal of the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2013 under section 11 of the Subordinate Legislation Act 1992 .


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