Report on the review of the jurisdictional limit and legal representation in the Small Claims Act - consultation outcomes
The report has been prepared following consultation on an issues paper that sought comments on proposed amendments to the Small Claims Act regarding the jurisdictional claim limit; the discretion to commence proceedings under the Local Court Act or the Small Claims Act where a matter involves a claim over $5,000; and the use of legal practitioners and representatives.
The report proposes that the legislation be amended so that (1) the small claims jurisdiction of the Local Court should be incorporated into the new Northern Territory Civil and Administrative Tribunal's jurisdiction; (2) the jurisdictional limit of small claims should be increased to $25,000; (3) claims falling within the definition of a small claim can only be commenced in the Northern Territory Civil and Administrative Tribunal; and (4) the rules for representation follow those of the Northern Territory Civil and Administrative Tribunal, namely parties can be represented by a legal practitioner or, with leave of the Tribunal, by another representative.
If the NT Government accepts in whole or in part the proposals in the report, it is anticipated that legislation will be introduced in 2015.
Last updated: 16 February 2016
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