Victorian Current Acts

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MAGISTRATES' COURT ACT 1989 - SECT 100

Extent of jurisdiction[10]

    (1)     The Court has jurisdiction, subject to subsection (2)—

        (a)     to hear and determine any cause of action for damages or a debt or a liquidated demand if the amount claimed is within the jurisdictional limit; and

        (b)     to hear and determine any claim for equitable relief if the value of the relief sought is within the jurisdictional limit; and

        (c)     to hear and determine, with the consent in writing of the parties—

              (i)     any cause of action for damages or a debt or a liquidated demand, irrespective of the amount claimed; and

              (ii)     any claim for equitable relief, irrespective of the value of the relief sought; and

S. 100(1)(ca) inserted by No. 31/2021 s. 8(1).

        (ca)     to hear and determine applications made under section 57B of the Victorian Civil and Administrative Tribunal Act 1998 ; and

        (d)     to hear and determine any other cause of action if the Court is given jurisdiction to do so by or under any Act other than this Act.

    (2)     The Court does not have jurisdiction in any cause of action—

        (a)     in which the effect of, or the validity or invalidity of, any act, matter or thing done or omitted to be done by any person or body whatsoever in the exercise or purported exercise of any power or duty conferred or imposed on that person or body or purportedly conferred or imposed on that person or body by or under—

              (i)     any royal prerogative; or

              (ii)     any statute—

is sought to be determined or declared; or

        (b)     in the nature of a proceeding for a prerogative writ; or

        (c)     brought on a judgment of the Supreme Court or the County Court.

S. 100(2A) inserted by No. 9/2010 s. 93, amended by No. 67/2013 s. 649(Sch. 9 item 24(1)), substituted by No. 31/2021 s. 8(2).

    (2A)     The jurisdictional limit does not apply to any question or matter that the Court has jurisdiction to determine arising out of any of the following—

        (a)     Part IV of the Accident Compensation Act 1985 ;

        (b)     Part 3A of the Victorian Civil and Administrative Tribunal Act 1998 ;

        (c)     the Workplace Injury Rehabilitation and Compensation Act 2013 .

S. 100(3) amended by No. 91/1994 s. 36(7)(b).

    (3)     For the purpose of determining in a proceeding involving property whether the amount claimed or   the value of the relief sought is within the jurisdictional limit, a certificate which purports to have been issued by a valuer and which purports to state the value of the property as at a particular date is admissible in evidence and, in the absence of evidence to the contrary, is proof of the value of the property as at that date.

    (4)     The Court does not cease to have jurisdiction in respect of a cause of action because—

        (a)     part of the cause of action arose outside Victoria—if a material part of it arose in Victoria; or

        (b)     the whole cause of action arose outside Victoria—if the defendant resided within Victoria at the time of being served with the complaint.

    (5)     A minor may bring a proceeding in the Court for the recovery of money payable to the minor under a contract of service or a contract for services as if the minor were of full age.

    (6)     A party to a civil proceeding (including an arbitration) may appear—

        (a)     personally; or

S. 100(6)(b) amended by No. 35/1996 s. 453(Sch. 1 item 53.3).

        (b)     by a legal practitioner or other person empowered by law to appear for the party; or

        (c)     in the case of a cause of action for a debt or a liquidated demand, by a person in the exclusive employment of the party who is authorised in writing to appear for the party.

    (7)     Every judgment debt carries interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 from the time the order was made.

S. 100(8) substituted by No. 34/1990 s. 4(Sch. 3 item 11).

    (8)     Payment of the interest may be enforced by a warrant to seize property.

S. 100(9) inserted by No. 34/1990 s. 4(Sch. 3 item 11).

    (9)     The amount of the interest must be stated in the body of the warrant.



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