Subdivision 2 Possession of land, equity and other proceedings
133 Jurisdiction in proceedings for possession of land
(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for possession of land the value of which does not exceed $20,000, as determined by the Court.(2) Nothing in subsection (1) applies in respect of proceedings under the Landlord and Tenant Act 1899.
134 Jurisdiction in equity proceedings
(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings for:(a) the foreclosure or redemption of a mortgage or the enforcing of any charge or lien where the amount owing in respect of the mortgage, charge or lien does not exceed $20,000, as determined by the Court,(b) the specific performance, rectification, delivery up or cancellation of any agreement for:(i) the sale or purchase of any property at a price not exceeding $20,000, or(ii) the lease of any property the value of which does not exceed $20,000, as determined by the Court,(c) an order under section 3 of the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or a family provision order under Chapter 3 of the Succession Act 2006,(d) relief against fraud or mistake where the damage sustained or the estate or fund in respect of which relief is sought does not exceed $20,000 in amount or value, as determined by the Court,(e) the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed $20,000 in amount or value, as determined by the Court, or(f) the administration of the estate of a deceased person, where the estate does not exceed $20,000 in amount or value, as determined by the Court, or(g) any application under the Property (Relationships) Act 1984, or(h) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated (not being a claim or demand of a kind to which any other paragraph of this subsection applies), in an amount not exceeding the Court’s jurisdictional limit.(2) In any proceedings pursuant to subsection (1) (c), the Court shall not have power to make an order for provision under the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) or Chapter 3 of the Succession Act 2006 that will or may result in the amount of provision so made exceeding $250,000.(3) In any proceedings pursuant to subsection (1) (g), the Court has no power to make an order for financial adjustment under Part 3 of the Property (Relationships) Act 1984 that will or may result in the amount of the adjustment so made exceeding $250,000.
The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings under Division 4 of Part 3 of the Frustrated Contracts Act 1978 where the claim does not exceed the Court’s jurisdictional limit in amount or value, as determined by the Court.
134B Jurisdiction in proceedings for review of contracts
(1) The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings in which relief under the Contracts Review Act 1980 is sought, where the amount or value of the consideration that has passed or would, if the contract were fully executed, pass from one contracting party to another does not exceed the amount for the time being specified in section 44 (1) (a), as determined by the Court.(2) Subsection (1) does not authorise the Court to exercise the powers conferred by section 10 of the Contracts Review Act 1980.
135 Jurisdiction in proceedings under the Fair Trading Act 1987
The Court has the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in any proceedings in which relief is sought under the Fair Trading Act 1987 and where the amount of the claim concerned does not exceed the amount for the time being specified in section 44 (1) (a).
137 Powers of the Court under this Subdivision
In relation to proceedings under this Subdivision:(a) the Court and the Judges shall, in addition to the powers and authority otherwise conferred on it and them, have all the powers and authority of the Supreme Court and the Judges thereof in the like circumstances,(b) the appropriate officer of the Court shall, in addition to the duties otherwise imposed on the officer, discharge:(i) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances, and(ii) any duty imposed on the officer by the rules or by any order of the Court,(c) the practice and procedure of the Court shall, so far as practicable and subject to this Act and the rules, be the same as the practice and procedure of the Supreme Court applicable in the like circumstances, and(d) without affecting the generality of the foregoing provisions of this section, the powers, authority and duty conferred by paragraphs (a) and (b), and the practice and procedure referred to in paragraph (c), shall, subject to the rules, extend to the enforcement of any judgment or order of the Court in those proceedings.
(1) Without affecting the generality of any other provision of this Act authorising the making of rules, the rules may make provision for or with respect to:(a) the procedure to be followed in respect of proceedings under this Subdivision, including the enforcement of any judgment or order of the Court in any such proceedings,(b) the costs of any such proceedings, and(c) any other matter necessary or convenient for giving effect to this Subdivision.(2) This section does not give power to make rules with respect to any matter relating to costs that is regulated by Part 3.2 of the Legal Profession Act 2004.
Division 7 applies to and in respect of proceedings under this Subdivision in the same way as if they were an action.