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District Court – NSW

16 December 2022 by By Lawyers

The jurisdictional limit of the District Court increased on 16 December 2022. The limit as defined in s 4 of the District Court Act 1970 went from $750,000 to $1,250,000.

The jurisdictional limit may still be exceeded if the parties consent as provided under s 51. There remains no jurisdictional limit for motor accident claims.

Additionally, the monetary limit for the court to deal with and order interlocutory injunctions has increased from $20,000 to $100,000.

The District Court also has limited jurisdiction to hear:

  • small equitable disputes involving property – including estates administration – of a value up to $100,000: s 134(1);
  • claims under the Property (Relationships) Act 1984 where the adjustment sought is up to $250,000: s 134(3). See the Family Law publication;
  • claims under Chapter 3 of the Succession Act 2006 where the adjustment sought is to a value of $250,000: s 134(2). See the Family Provision Claims (NSW) publication;
  • claims under the Frustrated Contracts Act 1978, to the court’s jurisdictional limit: s 134A;
  • claims for relief under the Contracts Review Act 1980, but subject to restrictions: s 134B; and
  • claims under the Fair Trading Act 1987: s 135.

Unchanged is the jurisdiction of the District Court in proceedings for possession of land. The court can only deal with such proceedings where the land value does not exceed $20,000: s 133.

There are no corresponding changes to the jurisdictional limit of the Local Court. The jurisdiction of the Supreme Court is unlimited.

By Lawyers District Court Civil (NSW) guides have been updated accordingly.

Filed Under: Legal Alerts, Litigation, New South Wales, Personal injury, Publication Updates Tagged With: District Court, Litigation; debt recovery

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