What it does
The Local Court Act 2015 (NT) establishes the Local Court of the Northern Territory as a single court of record with both civil and criminal jurisdiction (ss 4, 5). It amalgamated the former Local Court (established by the Local Court Act 1989) and the Court of Summary Jurisdiction (the magistrates’ court system under the Justices Act 1928) into a single unified court (s 84). The Act sets out the court’s structure, its jurisdiction, the offices of its judicial officers (Chief Judge, Deputy Chief Judges, Judges, acting Judges, judicial registrars and registrars), and the administrative framework for court operations, records, procedure and contempt.
In its civil jurisdiction, the court has a general jurisdictional limit of $250,000 for claims for money (damages, debt or liquidated demand), equitable relief, or rights to ownership or possession of property (ss 12, 13). Parties may consent in writing to the court dealing with a claim exceeding the limit (s 13(1)(b)(ii), (2)(b), (3)(b)). The court also has jurisdiction under other Acts (s 14) and can transfer certain claims to the Northern Territory Civil and Administrative Tribunal (Tribunal) for small claims matters under the Small Claims Act 2016 (ss 13A, 44A). The court may grant any remedy or relief available under the relevant Act, but cannot issue prerogative writs of certiorari, mandamus, prohibition or quo warranto (s 15).
In its criminal jurisdiction, the court hears and determines summary offences and indictable offences that may be dealt with summarily under another Act, and conducts preliminary examinations for indictable offences (s 18). It also deals with any other proceedings that another Act assigns to a court of summary jurisdiction (s 19). The Act provides for the court to be constituted by a Judge, a judicial registrar (for civil proceedings other than determining a claim or hearing an appeal), or by one or more justices of the peace (JPs) for prescribed purposes (s 6). The court may change its constitution before evidence is taken, and after evidence commences must be constituted by the same person unless that person becomes unable to continue (s 7). The Act also makes detailed provision for contempt of court, including maximum penalties of six months’ imprisonment or 100 penalty units (s 47), and for the making of rules of court and practice directions (ss 48, 49). Transitional provisions ensure that ongoing proceedings, judgments, orders and office-holders from the former courts continue seamlessly under the new court (Part 8).