New South Wales Consolidated Acts

LOCAL COURT ACT 2007 - SECT 30

30 Conferral of jurisdiction

(cf LCA 1982, section 65)

(1) Subject to this Part, the Court sitting in its General Division has jurisdiction to hear and determine:

(a) proceedings on any money claim, so long as the amount claimed, whether on a balance of account or after an admitted set-off or otherwise, does not exceed the jurisdictional limit of the Court when sitting in that Division, and

(b) proceedings to recover detained goods, or to recover the assessed value of detained goods, so long as the value of the goods, together with the amount of any consequential damages claimed for their detention, does not exceed the jurisdictional limit of the Court when sitting in that Division, and

(b1) proceedings involving company title home unit disputes under section 34A, and

(b2) substituted proceedings within the meaning of Part 3A of the Civil and Administrative Tribunal Act 2013 , so long as the amount of any money claim, or the value of any goods or property, to which the proceedings relate does not exceed the jurisdictional limit of the Court when sitting in that Division, and

(c) proceedings that, pursuant to any other Act, are required to be dealt with by the Court sitting in that Division.

(2) Subject to this Part, the Court sitting in its Small Claims Division has jurisdiction to hear and determine:

(a) proceedings on any money claim, so long as the amount claimed, whether on a balance of account or after an admitted set-off or otherwise, does not exceed the jurisdictional limit of the Court when sitting in that Division, and

(b) proceedings to recover detained goods, or to recover the assessed value of detained goods, so long as the value of the goods, together with the amount of any consequential damages claimed for their detention, does not exceed the jurisdictional limit of the Court when sitting in that Division, and

(c) proceedings involving company title home unit disputes under section 34A.

(3) Nothing in subsection (2) prevents proceedings under that subsection from being heard and determined by the Court sitting in its General Division.

(4) In determining an amount for the purposes of subsection (1) or (2), any interest up to judgment under section 100 of the Civil Procedure Act 2005 is to be disregarded.

(5) If:

(a) the jurisdictional limit of a Division is increased, and

(b) proceedings in which an amount of money is claimed are pending in the Court when that increase takes effect,

the Court may, on the application of a plaintiff, make an order altering the amount specified in the claim to an amount not exceeding the new jurisdictional limit.

(6) In this section,
"admitted set-off" , in relation to proceedings, means set-off admitted by the plaintiff in the originating process in the proceedings.