{"id":"tas:sr-2023-077","name":"Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023","slug":"magistrates-court-civil-division-minor-civil-claims-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179420,"registerId":"tas-tas:sr-2023-077-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-077) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 10 December 2023.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Prescribed minor civil claims","content":"### 3 Prescribed minor civil claims\n\n> > (1)  For the purpose of paragraph (a) of the definition of *minor civil claim* in [section 3 of the](/view/html/inforce/2026-04-12/act-1992-027#GS3@EN) [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) , a claim or counterclaim for damages, or for the payment of money, is a minor civil claim if the amount claimed does not exceed $15 000.\n> \n> > (2)  For the purpose of paragraph (b) of the definition of *minor civil claim* in [section 3 of the](/view/html/inforce/2026-04-12/act-1992-027#GS3@EN) [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) , the following are prescribed to be minor civil claims:\n> > \n> > > > (a) proceedings for damages under the [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) , if the amount claimed does not exceed $15 000;\n> > > \n> > > > (b) proceedings under any provision of the [Residential Tenancy Act 1997](/view/html/inforce/2026-04-12/act-1997-082) that confers a right to apply to, or appeal to, the Court;\n> > > \n> > > > (c) proceedings under any provision of the [Irrigation Clauses Act 1973](/view/html/inforce/2026-04-12/act-1973-039) that confers a right to apply to, or appeal to, the Court;\n> > > \n> > > > (d) proceedings under any provision of the [Access to Neighbouring Land Act 1992](/view/html/inforce/2026-04-12/act-1992-028) that confers a right to apply to, or appeal to, the Court.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":2}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation precisely matches its original intent. It is a standard 'prescribed amount' regulation made under section 3 of the parent Act, which explicitly authorises regulations to specify monetary thresholds and particular proceedings as minor civil claims. The scope remains tightly confined to that single function."},"complexity_factors":["Extremely short: only 3 substantive provisions plus commencement and title","No defined terms section — relies entirely on definitions in parent Act (Magistrates Court (Civil Division) Act 1992)","Simple conditional structure: basic monetary threshold ($15,000) plus enumerated list of 4 specific statutory proceedings","No cross-references beyond pointing to definitions and external Acts","No exceptions, nested conditions, or discretionary powers","Essentially a single-purpose instrument: setting the jurisdictional dollar limit and prescribing specific proceedings"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for what counts as a \"minor civil claim\" in Tasmania's Magistrates Court (Civil Division). Minor civil claims are simpler, cheaper court cases with streamlined procedures.\n\n**The $15,000 threshold:**\n\nThe main rule is straightforward: if you're suing someone for money or damages, and the amount is **$15,000 or less**, your case is a minor civil claim. This means:\n- Simpler court forms\n- Less formal hearings\n- Generally no lawyers required (though you can have one)\n- Faster resolution\n\n**Specific types of cases covered:**\n\nEven if money isn't the main issue, certain disputes automatically qualify as minor civil claims:\n- **Residential tenancy disputes** (landlord/tenant issues) under $15,000\n- **Any appeal or application** under the Residential Tenancy Act 1997\n- **Any appeal or application** under the Irrigation Clauses Act 1973 (water rights disputes)\n- **Any appeal or application** under the Access to Neighbouring Land Act 1992 (disputes about entering neighbouring properties)\n\n**Who it affects:**\n\n- Everyday Tasmanians with small disputes (unpaid debts, minor property damage, tenancy issues)\n- Landlords and tenants\n- Farmers and property owners with irrigation or boundary access disputes\n- The Magistrates Court itself (determining which procedures apply)\n\n**Why it matters:**\n\nThis $15,000 cap determines whether you get access to the \"small claims\" track — designed to be accessible without expensive legal representation. If your claim is $15,001, you're in the regular court system with more complex rules and higher costs."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulations appear to serve their stated purpose of governing minor civil claims procedure in the Tasmanian Magistrates Court. There is no evidence in the provided content of scope creep or departure from the original intent. However, the absence of the full substantive text means this assessment is limited."},"complexity_factors":["The document provided contains only metadata and status information — the substantive regulatory content is not included, preventing full analysis","Procedural regulations of this type typically involve multiple cross-references to the parent Act and court rules","Minor civil claims regimes are generally designed to be accessible to non-lawyers, keeping inherent complexity low","Tasmanian-specific procedural rules may differ from other jurisdictions, requiring local knowledge","Limited amendment history visible, suggesting the regulations are relatively stable and straightforward"],"plain_english_summary":"These regulations set the practical rules for handling minor civil claims in the Magistrates Court (Civil Division) in Tasmania — i.e., small‑value disputes like unpaid rent, tradeswork, or consumer refunds — so matters can be dealt with quickly and cheaply. They affect everyday Tasmanians, small businesses, defendants, lawyers and court staff by prescribing how to file claims, what forms and deadlines apply, and how proceedings run. Note: the supplied file appears to be metadata rather than the full text. In force from 10 December 2023."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Regulation 3 fixes which matters qualify as 'minor civil claims' by imposing a $15,000 ceiling for claims and counterclaims and by expressly prescribing certain tenancy, irrigation and neighbouring-land proceedings as minor civil claims. That changes which matters fall within the Magistrates Court's minor-claims category and therefore alters the scope of matters captured by that regime (reg 3(1)–(2))."},"complexity_factors":["Clear single monetary threshold ($15,000) for claims and counterclaims (reg 3(1))","Prescribes specific categories of proceedings as minor civil claims (reg 3(2)(a)–(d))","Cross-references to multiple other Acts requiring look-up to understand full effect (Magistrates Court (Civil Division) Act 1992; Residential Tenancy Act 1997; Irrigation Clauses Act 1973; Access to Neighbouring Land Act 1992)","Interaction with the definition of 'minor civil claim' in the parent Act requires consulting that Act to see procedural consequences (see reg 3 and definition in parent Act)","Simple commencement provision (reg 2) and administrative detail (Gazette date, administering department) reduce operational ambiguity"],"plain_english_summary":"These regulations define which matters qualify as \"minor civil claims\" in the Magistrates Court (Civil Division). They set the monetary limit for claims and counterclaims at $15,000 and prescribe certain Residential Tenancy, Irrigation Clauses and Access to Neighbouring Land proceedings as minor civil claims. This affects people bringing or defending money or damages claims within those monetary and subject-matter limits and determines which cases fall into the Court’s minor-claims category. The regulations commence on 10 December 2023 (regs 2–3)."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-civil-division-minor-civil-claims-regulations-2023","history":"/api/acts/magistrates-court-civil-division-minor-civil-claims-regulations-2023/history","analysis":"/api/acts/magistrates-court-civil-division-minor-civil-claims-regulations-2023/analysis","conflicts":"/api/acts/magistrates-court-civil-division-minor-civil-claims-regulations-2023/conflicts","importantCases":"/api/acts/magistrates-court-civil-division-minor-civil-claims-regulations-2023/important-cases","documents":"/api/acts/magistrates-court-civil-division-minor-civil-claims-regulations-2023/documents"}}