QLDIn ForceAct
Fair Trading Act 1989
sec.50Proceedings referred to court of competent jurisdiction
Start here
Get a plain-English read of sec.50
Turn the raw legal text into a practical explanation grounded in Fair Trading Act 1989.
### sec.50 Proceedings referred to court of competent jurisdiction
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—
for the tribunal, whether the subject of the proceeding—
would be a minor civil dispute within the meaning of the QCAT Act ; or
would be a matter to which section 50A applies; or
for a court—any civil jurisdictional limit, including any monetary limit, applying to the court.
Subsection (1) applies whether or not the listed provision already includes reference to a court of competent jurisdiction.
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
s 50 amd 1994 No. 36 s 2 sch ; 1997 No. 12 s 20
sub 2010 No. 54 s 18
amd 2019 No. 12 s 4
(sec.50-ssec.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— for the tribunal, whether the subject of the proceeding— would be a minor civil dispute within the meaning of the QCAT Act ; or would be a matter to which section 50A applies; or for a court—any civil jurisdictional limit, including any monetary limit, applying to the court.
(sec.50-ssec.2) Subsection (1) applies whether or not the listed provision already includes reference to a court of competent jurisdiction. 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
- (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
- (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.
- (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