Div 2Jurisdiction of the Commercial Tribunal

Division 2—Jurisdiction of the Commercial Tribunal 56—Distribution of jurisdiction between the Tribunal and the courts (1) Subject to this section, an action involving a claim arising under or in respect of a commercial tenancy agreement to which this Part applies or a related guarantee should be commenced before the Commercial Tribunal. (2) An action involving a claim arising under or in respect of a commercial tenancy agreement to which this Part applies or a related guarantee should be commenced before a court if— (a) the action involves a claim (other than a claim for costs, interest or other incidental relief) that is unrelated to the commercial tenancy agreement or related guarantee; or (b) the action involves a small claim and no other claim (apart from a claim for costs, interest or both); or (c) the action involves a claim for personal injury; or (d) the action involves a monetary claim in excess of the prescribed amount; or (e) it may be necessary to effect service on a party to the action outside the State. (3) If an action that should have been commenced before the Tribunal is commenced before a court, or an action that should have been commenced before a court is commenced before the Tribunal, the action is not a nullity but the Tribunal or the court should transfer the action to the appropriate forum where it will proceed as if commenced in that forum. (4) Subject to the regulations relating to the practice and procedure of the Tribunal, if an action is properly commenced before the Tribunal but the character of the action is subsequently changed by the addition or amendment of claims, or the introduction of cross claims, so that the action, if it had had that character at its inception, should have been commenced in a court, the Tribunal should transfer the action to a court. (5) The court in which an action should be commenced, or to which an action should be transferred, under this section is a court which would apart from this Act have jurisdiction to grant relief of the relevant kind or amount. (6) A court in which an action is commenced or to which an action is transferred in accordance with this section may exercise any of the powers conferred on the Tribunal under this Part in relation to a commercial tenancy agreement or a related guarantee. (7) In this section— the prescribed amount means $20 000. (8) This section prevails over any inconsistent provisions in any other Part of this Act.