31ABProcedure for minor civil claims

### 31AB Procedure for minor civil claims > [*\[Section 31AB of Part 5 Inserted by No. 53 of 2003, s. 11, Applied:25 Sep 2003\]*](/view/html/inforce/2003-09-25/act-2003-053#GS11@EN) > > > (1)  The following provisions apply to a proceeding in respect of a minor civil claim: > > > > > > (a) the Court is not bound by the rules of evidence but may inform itself on any matter in any manner that it considers appropriate; > > > > > > > (b) the Court may itself elicit by inquiry from the parties and the witnesses and by examination of evidentiary material produced to the Court the issues in dispute and the facts necessary to decide those issues; > > > > > > > (c) the proceeding is to take the form of an inquiry by the Court into the matters in dispute between the parties rather than an adversarial contest between the parties; > > > > > > > (d) the Court may itself call and examine witnesses; > > > > > > > (e) the Court may, at the expense of the Crown, appoint a person to inquire into, and report upon, any question of fact arising in the proceeding; > > > > > > > (f) the proceeding is to be conducted with as little formality and technicality, and with as much expedition, as the requirements of this Act, the rules of court and a proper consideration of the issues in dispute permit. > > > (2)  The Court is to give a report made to it under [subsection (1)(e)](#GS31AB@Gs1@Hpe@EN) any weight that it considers appropriate. > > > (3)  [*\[Section 31AB Subsection (3) substituted by No. 43 of 2006, s. 40, Applied:01 Jul 2007\]*](/view/html/inforce/2007-07-01/act-2006-043#GS40@EN) The Magistrates Rule Committee is to determine the rules which apply to, and in respect of, a proceeding relating to a minor civil claim. > > > (3A)  [*\[Section 31AB Subsection (3A) inserted by No. 43 of 2006, s. 40, Applied:01 Jul 2007\]*](/view/html/inforce/2007-07-01/act-2006-043#GS40@EN) Notwithstanding [subsection (3)](#GS31AB@Gs3@EN) , where the Court considers it expedient and in the interests of justice, the Court may dispense with the application of the rules referred to in that subsection or may apply rules not generally applicable to minor civil claims. > > > (4)  A contravention of the provisions of this section does not invalidate the hearing of the proceeding in which the contravention occurs or of an order made in that proceeding.