Commonwealth Numbered Regulations

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WORKPLACE RELATIONS REGULATIONS 2006 (SLI NO 52 OF 2006) - REG 2.22.1

Plaintiffs may choose small claims procedure in magistrates courts -- small claims procedure

         (1)   For subsection 911 (1) of the Act, the manner in which a person indicates that he or she wants a small claims procedure to apply to an action that the person starts in a magistrates court is:

                (a)    by:

                          (i)    endorsing the papers initiating the action with a statement that the person wants a small claims procedure to apply to the action; or

                         (ii)    lodging with the court a paper that identifies the action and states that the person wants a small claims procedure to apply to the action; and

               (b)    by serving a copy of the papers initiating the action, together with a copy of the paper (if any) mentioned in subparagraph (a) (ii), on every other party to the action.

         (2)   Subregulation (1) does not apply to an action that a person starts in a magistrates court if rules of court relating to that court prescribe the manner in which the person indicates that he or she wants a small claims procedure to apply to the action.


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