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MIGRATION ACT 1958 - SECT 140SC

Certain plaintiffs may choose small claims procedure in magistrates courts

             (1)  This section applies if:

                     (a)  a person brings proceedings under section 140S in a magistrates court; and

                     (b)  the person indicates, in a manner prescribed by the regulations or by rules of court relating to that court, that the person wants a small claims procedure to apply in relation to the proceeding.

             (2)  The procedure is governed by the following conditions:

                     (a)  the court may not award an amount exceeding $5,000 or such higher amount as is prescribed;

                     (b)  the court may act in an informal manner, is not bound by any rules of evidence, and may act without regard to legal forms and technicalities;

                     (c)  at any stage of the action, the court may amend the papers initiating the action if sufficient notice is given to any party adversely affected by the amendment;

                     (d)  a person is not entitled to legal representation unless allowed by the court.

             (3)  If the court allows a person to have legal representation, the court may, if it thinks fit, do so subject to conditions designed to ensure that a party is not unfairly disadvantaged.

             (4)  Despite paragraph (2)(d) and subsection (3):

                     (a)  in a case heard in a court of a State--if, in a particular proceeding (whatever the nature of the proceeding) the law of the State prohibits or restricts legal representation of the parties, the regulations may prohibit or restrict legal representation of the parties to the same extent as that law; and

                     (b)  in a case heard in a court of a Territory--the regulations may prohibit or restrict legal representation of the parties.



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