35Procedure generally in Small Claims Division

#### 35 Procedure generally in Small Claims Division 35 Procedure generally in Small Claims Division (cf LCA 1982, section 70) > > (1) The jurisdiction of the Court sitting in its Small Claims Division may be exercised by a Judge or an Assessor. > > > (1A) However, the jurisdiction of the Court in proceedings involving company title home unit disputes under section 34A may only be exercised by a Judge. > > > (2) Proceedings in the Small Claims Division are to be conducted with as little formality and technicality as the proper consideration of the matter permits. > > > (3) The rules of evidence do not apply to proceedings being heard or other proceedings in the Small Claims Division. > > > (4) Witnesses may not be cross-examined except in circumstances in which, and to the extent to which, the cross-examination of witnesses is authorised by the rules or a practice note. > > > (5) A Judge or an Assessor exercising the jurisdiction of the Court sitting in its Small Claims Division may inform himself or herself on any matter relating to proceedings being heard or other proceedings in the Small Claims Division in such manner as he or she thinks fit. > > > (6) Proceedings in the Small Claims Division (other than any judgment given or order made in respect of the proceedings) are not required to be recorded. > > **s 35:** Am 2013 No 6, Sch 1 \[4\]; 2025 No 61, Sch 1\[3\].