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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 141

Procedures applicable to tenancy applications before Magistrates Court

141 Procedures applicable to tenancy applications before Magistrates Court

(1) The Magistrates Court has jurisdiction—
(a) to hear and decide an application mentioned in section 139 (2) or 140 (2) ; and
(b) to perform any other function or exercise any other power conferred on QCAT, for a tenancy application, under the QCAT Act or the Residential Tenancies and Rooming Accommodation Act 2008 .
(2) If a tenancy application is dealt with by a Magistrates Court under this section, the procedures applicable to the application are the procedures under the QCAT Act .
(3) However, a Magistrates Court hearing a tenancy application under this section must not be open to the public unless the court orders otherwise.
(4) Subsection (2) is subject to the Magistrates Court giving directions, before, or at any time during, the hearing of the tenancy application, about the way in which the court may exercise the powers of QCAT for a tenancy application or the service of documents for the tenancy application.
(5) An aggrieved or respondent who makes a tenancy application must give written notice to the lessor of—
(a) the tenancy application; and
(b) any application to remove the tenancy application to the Magistrates Court; and
(c) any adjournment of an application mentioned in paragraph (a) or (b) .
(6) An order of the Magistrates Court about the tenancy application is taken to have been made under the QCAT Act for the Residential Tenancies and Rooming Accommodation Act 2008 .
(7) In this section—

"tenancy application" means an application for an order under the Residential Tenancies and Rooming Accommodation Act 2008 , sections 245 , 321 or 323 .



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