ACTIn ForceAct
Residential Tenancies Act 1997
78Extended jurisdiction of ACAT with agreement of parties
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78 Extended jurisdiction of ACAT with agreement of parties
(a) an application (the original application) is made to the ACAT
under—
(i) this Act; or
(ii) the standard residential tenancy terms; or
(iii) the occupancy principles; and
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including any
regulation (see Legislation Act, s 104).
(b) the parties to the proceeding agree to the ACAT exercising
extended jurisdiction under this section.
Division 6.3
(2) The ACAT has jurisdiction (extended jurisdiction) to hear and decide
any matter that—
(a) arises out of, or is ancillary to, the dispute that gave rise to the
original application; and
(b) the Magistrates Court has jurisdiction to hear and decide under
the Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).
(3) If the ACAT is exercising extended jurisdiction, the ACAT has the
same jurisdiction and powers as the Magistrates Court has under the
Magistrates Court Act 1930, part 4.2 (Civil jurisdiction).
Note The Magistrates Court has jurisdiction to hear and decide any personal
action at law if the amount claimed is not more than $250 000 (see
Magistrates Court Act 1930, s 257).
(4) However, a provision of the Magistrates Court Act 1930, part 4.2
prescribed by a rule under the ACT Civil and Administrative Tribunal
Act 2008, section 22 (2) does not apply in relation to the ACAT when
exercising extended jurisdiction.