What are the Civil Jurisdictions of the various Courts in Queensland?
On 1 November 2010, the monetary limits for each of the Courts and Tribunal in Queensland were amended as follows:
QCAT $25,000.00 monetary limit;
Magistrates Court $150,000.00 monetary limit;
District Court $750,000.00 monetary limit; and
Supreme Court $750,000.00 and over.
The Civil Jurisdiction is determined for a variety of different causes of action based on the above monetary limits. Where a debt is being pursed the amount of the debt is the limit (excluding costs and interest). Where the proceedings relate to property the jurisdiction is determined by the unimproved capital value of the property the subject of the proceedings (i.e. where the UCV of a property is $500,000.00 the proceedings will be heard in the District Court).
Transfer of proceedings from higher Courts to lower Courts
If you have proceedings in the incorrect civil jurisdiction there is no requirement for parties to transfer proceedings from a higher Court to a lower Court
Transfer of proceedings from lower Courts to higher Courts
However, if a lower Court (such as the Magistrates Court) has no jurisdiction to hear the matter, the Magistrates Court must transfer the proceedings to the District Court.
Similarly, a Plaintiff has a right to apply for a transfer from the lower Court to a higher Court on the basis that there is no adequate relief in the lower Court. The Defendant may transfer proceedings from a lower Court to a higher Court if the higher Court considers an important question of law or fact will arise.
It is important that proceedings are commenced in the correct jurisdiction or that proper consideration is given to whether proceedings should be transferred to another jurisdictions.
At Streten Masons Lawyers our solicitors have extensive experience in acting for both Plaintiffs and Defendants in a variety of litigation and can assist parties in such matters.
Contact us today for our consideration of your matter to see how we can assist you.