Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 50

50 Proceedings referred to court of competent jurisdiction

(1) A proceeding for the purposes of a provision of the Australian Consumer Law (Queensland) listed in the table to this section must be heard in the tribunal or in a court having jurisdiction for the proceeding, having regard to—

(a) for the tribunal, whether the subject of the proceeding—

(i) would be a minor civil dispute within the meaning of the QCAT Act ; or

(ii) would be a matter to which section 50A applies; or

(b) for a court—any civil jurisdictional limit, including any monetary limit, applying to the court.

(2) Subsection (1) applies whether or not the listed provision already includes reference to a court of competent jurisdiction.

Table

	Provision of Australian Consumer Law (Queensland)	Name of provision	Nature of proceeding
	section 43 (4)	Assertion of right to payment for unauthorised entries or advertisements	Action to recover payment made by a person to another person
	section 85 (4)	Obligations and rights of consumers on termination	Recovery of compensation
	section 99 (2)	Effect of termination	Recovery of unpaid termination charge
	section 138 (2)	Liability for loss or damage suffered by an injured individual	Action to recover amount of loss or damage
	section 139 (2)	Liability for loss or damage suffered by a person other than an injured individual	Action to recover amount of loss or damage
	section 140 (2)	Liability for loss or damage suffered by a person if other goods are destroyed or damaged	Action to recover amount of loss or damage
	section 141 (2)	Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged	Action to recover amount of loss or damage
	section 236 (1)	Actions for damages	Action to recover amount of loss or damage
	section 259 (2), (3) and (4)	Action against suppliers of goods	s 259 (2) - Action to recover reasonable costs incurred by consumer s 259 (3) - Action to recover compensation for reduction in value of goods s 259 (4) - Action to recover damages because of failure to comply with guarantee
	section 265 (3)	Termination of contracts for the supply of services that are connected with rejected goods	Action to recover refund
	section 267 (2), (3) and (4)	Action against suppliers of services	s 267 (2) - Action to recover reasonable costs incurred by consumer s 267 (3) - Action to recover compensation for reduction in value of services s 267 (4) - Action to recover damages because of failure to comply with guarantee
	section 269 (3)	Termination of contracts for the supply of services	Action to recover refund
	section 271 (1), (3) and (5)	Action for damages against manufacturers of goods	Action to recover damages from manufacturer
	section 274 (3)	Indemnification of suppliers by manufacturers	Action against manufacturer for legal or equitable relief
	section 279 (1)	Action by consumer to recover amount of loss or damage	Action to recover amount of loss or damage