What it does
The Small Claims Act 2016 establishes a discrete small claims jurisdiction for the Northern Territory Civil and Administrative Tribunal (the Tribunal). It does this by defining a monetary threshold for matters that the Tribunal may hear (the small claims limit), by specifying the kinds of relief that fall within that jurisdiction, and by setting limited rules about representation and transitional arrangements from the prior small claims regime.
Mechanically, the Act:
- Fixes the small claims limit at $25,000 (s 5(1)).
- Directs that the amount or value of a claim is to be calculated exclusive of any costs or interest that the Tribunal might award (s 5(2)).
- Confers jurisdiction on the Tribunal to deal with four categories of claim where the amount, value or relief sought does not exceed the small claims limit: recovery of money, performance of work, relief from payment of money, and return or replacement of goods (s 6(a)-(d)).
- Limits legal representation in the small claims jurisdiction by permitting a party to appear by a legal practitioner only with the leave of the Tribunal, contrary to what would otherwise be permitted under s 130(1)(b) of the Northern Territory Civil and Administrative Tribunal Act 2014 (s 7).
- Applies Part IIAA of the Criminal Code to an offence against the Act (s 4), thereby invoking the Criminal Code’s general principles of criminal responsibility, defences and burden of proof to any offence created under this Act or its regulations.
- Gives the Administrator power to make regulations under the Act (s 8).
- Repeals earlier small claims legislation listed in the Schedule (s 9 and Schedule).
- Provides transitional protection for small claims proceedings already underway in the Local Court at the time of commencement, preserving the former law for those proceedings and any appeals (s 10).