What it does
The Land Court Act 2000 establishes the Land Court of Queensland as a specialised judicial tribunal and court of record (s 4). It is a continuation of the Land Court established under the repealed Land Act 1962 (s 79). The Act confers on the Land Court the jurisdiction given to it under the Act itself or under another Act, and provides that when jurisdiction for a proceeding is expressly conferred, that jurisdiction is exclusive (s 5(1)-(2)). The Land Court’s jurisdiction cannot be ousted merely because a proceeding concerns equitable claims or interests, or involves a decision about title to land (s 5(4)). The Act also establishes a Land Appeal Court as a separate appellate body (s 53), again a court of record, with jurisdiction given under the Act or another Act (s 54). From the Land Appeal Court, a further appeal lies to the Court of Appeal but only on limited grounds - error of law, lack of jurisdiction, or excess of jurisdiction - and only with leave (s 74). The Act sets out the composition of both courts, their powers, procedural rules, and the appointment and conditions of members, judicial registrars, indigenous assessors, and registry officers. It also provides for preliminary conferences, alternative dispute resolution, contempt powers, costs, and the enforcement of orders via the Supreme Court (s 7B). The Act includes extensive transitional and savings provisions dealing with the continuation of the Land Court and the Land Appeal Court from earlier legislation (ss 79-85), the assumption of jurisdiction from the former Land and Resources Tribunal (LRT) (ss 90-91), and validation provisions for the Land Court Rules 2000 (s 93). The dictionary in schedule 2 (referred to in s 3) defines key terms used throughout the Act.