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Residential Tenancies Act 1995
Div 3The Tribunal's jurisdiction
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Division 3—The Tribunal's jurisdiction
24—Jurisdiction of Tribunal
(1) The Tribunal has—
(a) exclusive jurisdiction to hear and determine a tenancy dispute;
(b) subject to the regulations—jurisdiction to hear and determine claims or disputes arising from tenancies granted for residential purposes by the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust, or arising under agreements collateral to such tenancies (including such agreements that may involve a third party).
(2) However, the Tribunal does not have jurisdiction to hear and determine a monetary claim if the amount claimed exceeds $40 000 unless the parties to the proceedings consent in writing to the claim being heard and determined by the Tribunal (and if consent is given, it is irrevocable).
(3) If a monetary claim is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same tenancy may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim.
(4) A court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act and, to such extent as may be necessary and appropriate, the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.
(5) If the plaintiff in proceedings brought in a court under this section recovers less than $40 000, the plaintiff is not entitled to costs unless the court is satisfied that there were reasonable grounds for the plaintiff to believe that the plaintiff was entitled to $40 000 or more.
25—Application to Tribunal
Despite any requirement under the South Australian Civil and Administrative Tribunal Act 2013, a requirement to give notice of an application under this Act—
(a) may, if relevant, be directed to an occupier or subtenant of premises; and
(b) if paragraph (a) applies, need not address the occupier or subtenant by name.
25A—Registrar may make orders in certain cases
The Registrar or a Deputy Registrar of the Tribunal may make an order in relation to a tenancy dispute with the written consent of the parties to the dispute (and such an order operates as an order of the Tribunal).