(1) Subrule (2) applies if the court determines that:

(a)

a case is to be determined as a small claim; and

(b)

it is not appropriate to transfer the case to the Federal Magistrates Court for hearing (see rule 11.19).

(2)

At the trial:

(a)

the parties must not call witnesses, other than the parties themselves, without the court's permission;

(b)

evidence must be given orally; and

(c)

each party must produce all relevant documents.

(3) The following rules do not apply to a case that is to be determined as a small claim:

(a)

Chapter 12;

(b)

Chapter 13, except Part 13.1;

(c)

Parts 15.4 and 15.5;

(d)

Part 16.2.

Note 1
The type of case that the court may decide to determine as a small claim includes:

(a) a dispute about an item of property, such as a car or furniture;
(b) a case in which there is minimal property or only personal property;
(c) some specific issues in a parenting case; and
(d) a dispute about the time or place of collection of a child for contact.

Note 2
A lawyer may recover 80% of the scale for costs in a small claim (see subrule 19.40 (2)).