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These regulations may be cited as the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 .
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Tasmania regulation
These regulations define which matters qualify as "minor civil claims" in the Magistrates Court (Civil Division). They set the monetary limit for claims and counterclaims at $15,000 and prescribe certain Residential Tenancy, Irrigation Clauses and Access to Neighbouring Land proceedings as minor civil claims. This affects people bringing or defending money or damages claims within those monetary and subject-matter limits and determines which cases fall into the Court’s minor-claims category. The regulations commence on 10 December 2023 (regs 2–3).
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Direct links to the current provisions in Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023.
These regulations may be cited as the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 .
These regulations take effect on 10 December 2023.
(1) For the purpose of paragraph (a) of the definition of minor civil claim in section 3 of the Magistrates Court (Civil Division) Act 1992 , a claim or counterclaim for damages, or for the payment of money, is a minor civil claim if the amount claimed does not exceed $15 000.
(2) For the purpose of paragraph (b) of the definition of minor civil claim in section 3 of the Magistrates Court (Civil Division) Act 1992 , the following are prescribed to be minor civil claims:
(a) proceedings for damages under the Residential Tenancy Act 1997 , if the amount claimed does not exceed $15 000;
(b) proceedings under any provision of the Residential Tenancy Act 1997 that confers a right to apply to, or appeal to, the Court;
(c) proceedings under any provision of the Irrigation Clauses Act 1973 that confers a right to apply to, or appeal to, the Court;
(d) proceedings under any provision of the Access to Neighbouring Land Act 1992 that confers a right to apply to, or appeal to, the Court.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 November 2023
These regulations are administered in the Department of Justice.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
These regulations may be cited as the Magistrates Court (Civil Division) (Minor Civil Claims) Regulations 2023 .
These regulations take effect on 10 December 2023.
(1) For the purpose of paragraph (a) of the definition of minor civil claim in section 3 of the Magistrates Court (Civil Division) Act 1992 , a claim or counterclaim for damages, or for the payment of money, is a minor civil claim if the amount claimed does not exceed $15 000.
(2) For the purpose of paragraph (b) of the definition of minor civil claim in section 3 of the Magistrates Court (Civil Division) Act 1992 , the following are prescribed to be minor civil claims:
(a) proceedings for damages under the Residential Tenancy Act 1997 , if the amount claimed does not exceed $15 000;
(b) proceedings under any provision of the Residential Tenancy Act 1997 that confers a right to apply to, or appeal to, the Court;
(c) proceedings under any provision of the Irrigation Clauses Act 1973 that confers a right to apply to, or appeal to, the Court;
(d) proceedings under any provision of the Access to Neighbouring Land Act 1992 that confers a right to apply to, or appeal to, the Court.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 November 2023
These regulations are administered in the Department of Justice.