Changes to the civil jurisdiction of
the Queensland Courts :
Guidance for members on
Civil and Criminal Jurisdiction Reform and
Modernisation Amendment Act 2010 –
Stage one Moynihan reforms
August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
Contents
Introduction........................................................................................................................ii
1.
2.
No Transitional Period – Civil changes to take place on Commencement..............1
Status of pending proceedings................................................................................1
2.1
2.2
From higher Courts to lower Courts...............................................................................................................1
From lower Courts to higher Courts...............................................................................................................1
3.
Cost scales................................................................................................................3
4.
Filing of Claims in the Central Registry....................................................................5
5.
Other hard and fast amendments.............................................................................6
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
page i August 2010
Body Corporate and Community Management Act 1997..............................................................................6
Queensland Civil and Administrative Tribunal Act 2009.................................................................................6
Uniform Civil Procedure Rules 1999...............................................................................................................6
Supreme Court of Queensland Act 1991........................................................................................................6
Public Trustee Act 1978 & Financial Accountability Act 2009........................................................................7
Workers’ Compensation and Rehabilitation Act 2003....................................................................................7
District Court of Queensland Act 1967...........................................................................................................7
Property Law Act 1974.....................................................................................................................................7
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
On 3 August 2010, the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill
2010 (“the Act”) was passed in the Legislative Assembly, with the Act assented to on 13 August
2010. The Bill received assent on 13 August 2010, and on 26 August the start dates of the staged
introduction of various reforms were proclaimed - with some introduced from 1 September and
others effective from 1 November 2010.
Amendments to commence on 1 September 2010 are:
•
to the Public Trustee Act 1978 and the Financial Accountability Act 2009 to facilitate the
payment of unclaimed money held by the state into the Public Trust Office's Unclaimed
Moneys Fund;
•
to clarify the operation of aspects of the State Penalties Enforcement Act 1999;
•
to the Body Corporate and Community Management Act 1997 and the Queensland Civil and
Administrative Tribunal Act 2009 relating to disputes about debts;
•
to the Justices Act 1886 to replace outdated references to a stipendiary magistrate with a
reference to a magistrate;
•
to the Justices Act 1886 and Magistrates Courts Act 1921 to establish the position of
"principal registrar/clerk of the court";
•
to section 61 of the District Court of Queensland Act 1967, and related transitional provision,
to increase the general criminal jurisdiction of the District Court to all indictable offences with
a maximum penalty of 20 years or less;
•
to section 41 of the Magistrates Act 1991 to make a grammatical change; and
•
to the Uniform Civil Procedure Rules 1999 (and related amendments to the Supreme Court of
Queensland Act 1991) to clarify the operation of rules 283 and 286.
Practitioners should note that the changes to the civil jurisdiction of the Queensland Courts take
effect from 1 November 2010.
The Act makes significant changes to the monetary jurisdiction of the Queensland Courts. A
summary of the civil changes are as follows:
Monetary jurisdiction
On and before 31 October 2010
On and after 1 November 2010
QCAT
$25,000 monetary limit
No change
Magistrates Court
$50,000 monetary limit
$150,000 monetary limit
District Court
$250,000 monetary limit
$750,000 monetary limit
Supreme Court
Claims $250,000 and over
Claims $750,000 and over
page ii August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
1. No transitional period – Civil changes to
take place on commencement
In order to streamline the changes to the monetary jurisdictions of the Courts, there will be no
transition period, with the changes to take immediate effect from 1 November 2010.
Practitioners therefore must ensure that from 1 November 2010, claims are filed in the Court of
appropriate monetary jurisdiction.
2. Status of pending proceedings
The Society has also received queries from practitioners on the status of claims and applications
filed on or before 31 October 2010. The process is:
2.1 From higher Courts to lower Courts
To ensure minimal disruption to pending proceedings, from 1 November 2010 there is no
requirement for parties to transfer proceedings from a higher Court to a lower Court (See amended
sections 77(7) and 78(7) of the District Court of Queensland Act 1967.)
These sections provide certainty for parties with claims and applications underway. A claim or
application started in the Supreme Court for relief in the amount of $300,000 does not need to
be remitted to the District Court (with the same applicable in the District Court to the Magistrates
Court). This claim or application can remain in the Supreme Court, notwithstanding the changes to
the monetary jurisdiction set out in the Act.
2.2 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 (See section 81 of the District
Court of Queensland Act 1967.)
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 (See sections 79 and 82 of the District
Court of Queensland Act 1967.) 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 (See
sections 80 and 83 of the District Court of Queensland Act 1967.)
page 1 August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
For easy reference, please refer to the table below:
From 1 November 2010
Courts
Supreme Court
The reason for the transfer to the higher Court
(i) Plaintiff transfer
request
Plaintiff has a right to
apply for a transfer from
the District Court to the
Supreme Court on the
basis that there is no
adequate relief in the
District Court
(ii) Defendant transfer
request
The Defendant may
transfer proceedings
from the District Court
to the Supreme Court
if the Supreme Court
considers an important
question of law or fact
will arise
District Court
page 2 August 2010
Request for transfer
by a plaintiff to the
Supreme Court
(s82 of the District Court
of Queensland Act 1967)
Request for transfer
by a defendant to the
Supreme Court
(s83 of the District Court
of Queensland Act 1967)
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
From 1 November 2010
Courts
District Court
The reason for the transfer to the higher Court
(i) Magistrates Court
transfer
If the Magistrates Court
has no jurisdiction, the
Magistrates Court must
transfer proceedings up
to the District Court
(ii) Plaintiff transfer
request
Plaintiff has a right to
apply for a transfer from
the Magistrates Court
to the District Court on
the basis that there is
no adequate relief in the
Magistrates Court
Magistrates Court
(iii) Defendant transfer
request
The Defendant may
transfer proceedings
from the Magistrates
Court to the District
Court if the District Court
considers an important
question of law or fact
will arise
Transfer required
by the Magistrates
Court
(s 81 of the District Court
of Queensland Act 1967)
Request for transfer
by a plantiff to the
District Court
(s79 of the District Court
of Queensland Act 1967)
Request for transfer
by a defendant to the
District Court
(s80 of the District Court
of Queensland Act 1967)
3. Cost scales
The Act also introduces a new Scale of Costs for the Magistrates Court for proceedings between
$50,000 and $150,000 and will apply from 1 November 2010. The Scale is contained in Schedule
3, Part 3 of the amended Uniform Civil Procedure Rules 1999.
Practitioners should be aware that the Scales of Costs are currently under review. Subject to this
review, practitioners should also note that from 1 November 2010, there may be an overlap of
Scale of Costs, depending on what Court the proceeding was determined in and any Order of the
Court with respect to costs. A summary of the changes to the Cost Scales from 1 November 2010
are outlined below. Please note these may change after review*.
page 3 August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
From 1 November 2010*:
Claim
Scale of Cost
Reference
Magistrates Court Magistrates Court
Magistrates Court Scale
Schedule 3,
Parts 1 and 2
of the UCPR
$50,000 – $150,000 Magistrates Court Magistrates Court
Magistrates Court Scale
Schedule 3,
Part 3 of the
amended
UCPR
$50,000 and under
Court claim
originally filed
Court claim
finally
determined
NEW!
(Part 3)
$150,000 – $750,000
District Court
District Court
District Court Scale
Schedule 2 of
the UCPR
$250,000 –
$750,000
Supreme Court
Supreme Court
Supreme Court Scale
Schedule 1 of
the UCPR
If there are any transfers from 1 November 2010, the following provisions may apply:*
Claim
Court claim
originally filed
$50,000 – $150,000
Court claim
finally
determined
Scale of Cost
Reference
District Court
Depends on Order of the
Court
Rule 688 of
the UCPR
But generally:
Magistrates Court
$250,000 – $750,000
Supreme Court
Prior to
transfer
Magistrates
Court Scale
Schedule 3
of the UCPR
On and
after
transfer
District Court
Scale
Schedule 2
of the UCPR
Depends on Order of the
Court
Rule 688 of
the UCPR
But generally:
Prior to
transfer
District Court
Scale
Schedule 2
of the UCPR
On and
after
transfer
Supreme Court
Scale
Schedule 1
of the UCPR
District Court
It is important that Practitioners are aware of their ongoing duty of disclosure pursuant to
section 315 of the Legal Profession Act 2007, to notify clients of any substantial changes to
the calculation of legal fees. This includes a change to the Scale of Costs applicable where
proceedings have been transferred. Practitioners should note that a failure to disclose may result
in adverse financial consequences to the firm. For more information please see section 316 of the
Legal Profession Act 2007.
page 4 August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
4. Filing of Claims in the Central Registry
Practitioners should be aware that from 1 November 2010, the rules applying to filing proceedings
in a Magistrates Court now apply to filing proceedings outside the Brisbane, Cairns, Rockhampton
and Townsville districts of the Supreme and District Court.
These amendments impact outer Brisbane and regional practitioners by expanding the definition
of central registries to include District and Magistrates Courts, and setting out the procedures for
filing claims outside the central registries of the Supreme, District and Magistrates Courts.
For the purposes of the Act, the central registries are as follows:
•
Supreme Court: Brisbane, Rockhampton, Townsville or Cairns;
•
District Court: Brisbane, Rockhampton, Townsville or Cairns; and
•
Magistrates Court: the central division of the Brisbane District, Rockhampton, Townsville
or Cairns. (See amended r 33 and Schedule 4 of the UCPR).
Therefore, from 1 November 2010 practitioners can either:
•
ile proceedings directly (or by town agent) in the central registry of the Supreme Court,
F
District Court or Magistrates Court; or
•
For matters outside of Brisbane, Rockhampton, Townsville or Cairns file Supreme, District or
Magistrates Court proceedings:
◦◦
In the district in which the defendant or respondent lives or carries on business; or
◦◦
y consent with the other party in any district of the Magistrates Court or District
B
Court;
◦◦
If a defendant has agreed or undertaken in writing to pay a debt or another amount
at a particular place—the district in which the place is located; or
◦◦
The district in which all or part of the claim or cause of action arose; or
◦◦
If the proceeding is a claim for the recovery of possession of land—the district in
which the land is located (r 35 UCPR).
In summary, the Act will predominately affect those practitioners who wish to file proceedings in the
Supreme Courts of Bundaberg, Longreach, Mackay, Maryborough, Mt Isa, Roma and Toowoomba
by requiring them to comply with rule 35 of the UCPR.
Conversely, the Act supports those practitioners who wish to file proceedings in the District
Courts or Magistrates Courts of Brisbane, Rockhampton, Townsville or Cairns by removing the
requirement of complying with rule 35 of the UCPR.
page 5 August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
5. Other hard and fast amendments
Practitioners should note the Act affects the following civil Acts of Parliament:
•
Body Corporate and Community Management Act 1997;
•
District Court of Queensland Act 1967;
•
Evidence Act 1977;
•
Financial Accountability Act 2009;
•
Justices Act 1886;
•
Magistrates Act 1991;
•
Magistrates Courts Act 1921;
•
Property Law Act 1974;
•
Public Trustee Act 1978;
•
Queensland Civil and Administrative Tribunal Act 2009;
•
Supreme Court of Queensland 1991;
•
Uniform Civil Procedure Rules 1999; and
•
Workers’ Compensation and Rehabilitation Act 2003.
From 1 September 2010, the following Acts will be amended as follows:
5.1
Body Corporate and Community Management Act 1997
•
An adjudicator has no jurisdiction to hear a debt dispute
•
The dispute resolution process does not apply to disputes commenced in QCAT or the
relevant Court;
•
Defining debt dispute and related dispute
5.2
Queensland Civil and Administrative Tribunal Act 2009
•
Widening the relief an applicant may apply for section 50(2) – judgment by default. For
example an applicant may apply for interest and costs in a minor civil dispute
5.3
Uniform Civil Procedure Rules 1999
•
For judgment by default and recovery of possession of land, a Registrar is not required to
consider the merits of a Plaintiff’s claim
5.4
Supreme Court of Queensland Act 1991
•
The Act does not affect the power of the Governor in Council to further amend the rules or to
repeal them
page 6 August 2010
Changes to the civil jurisdiction of the Queensland Courts: Guidance for members
5.5
Public Trustee Act 1978 & Financial Accountability Act 2009
•
To facilitate the payment of unclaimed money held by the state into the Public Trust Office’s
Unclaimed Moneys Fund
From 1 November 2010, the following Acts will be amended as follows:
5.6
Workers’ Compensation and Rehabilitation Act 2003
•
For the purposes of the Act, an appeal body is the Industrial Commission
5.7
District Court of Queensland Act 1967
•
A party who is dissatisfied with any interlocutory or final judgment that relates to a claim over
$150,000.00 (the Magistrates monetary limit) may appeal that decision by application to the
Court of Appeal
5.8
Property Law Act 1974
•
The monetary limit the Magistrates Court may order a defendant to pay the landlord in rental
arrears is $150,000
page 7 August 2010
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Tel 07 3842 5888 Fax 07 3842 5999
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