Order to Increase Monetary Limits in Courts Tabled in the House

The Judicature (Resident Magistrates) Act (Increase in Jurisdiction) Order, 2013 was tabled in the House of Representatives on Tuesday, February 5.

The Order was tabled by Leader of Government Business in the House and Minister of Science, Technology, Energy and Mining, Hon. Phillip Paulwell.

Section 129A of the Judicature (Resident Magistrates) Act empowers the Minister by Order, subject to affirmative Resolution, to increase the monetary jurisdictional limits of the Resident Magistrate’s Court in civil matters.

For common law claims or torts, the limit is being moved from $250,000 to $1 million, and for claims in which distress or replevin or property or goods is sought, the limit is being moved from $50,000 to $1 million.

In respect of claims for rent or mesne profit by a landlord, who is seeking recovery of possession from a tenant holding over after tenancy has expired or has been terminated by notice to quit, the limit is moved from $250,000 to $1 million. For claims by caveator to restrain land being bought under the Registration of Titles Act, the limit is moved from $450,000 to $2 million.

The Senate on Friday, February 1, approved the Resolution increasing the monetary jurisdictional limits of the Resident Magistrate’s Court in civil matters. When approved in the Lower House, it will be gazetted and made into law.