New South Wales Consolidated Acts

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DISTRICT COURT ACT 1973 - SECT 48

Miscellaneous limitations on jurisdiction

48 Miscellaneous limitations on jurisdiction

(1) An action in which the amount claimed does not exceed $4,000 and which could have been commenced in the Local Court shall not be commenced in the District Court except with the leave of the District Court, which leave may be given on terms.
(2) Subject to subsection (3), the Court shall not have jurisdiction in an action in which title to land the value of which is more than the Court's jurisdictional limit is in question.
(3) If the title to land the value of which is more than the Court's jurisdictional limit incidentally comes in question in an action, the Court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the Court shall not be evidence of title between the parties or their privies in other proceedings in the Court or in any proceedings in any other court.
(4) Without affecting Division 8, the Court shall not have jurisdiction in actions for possession of land by virtue of this Part.



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