Land Court Act 2000 (Qld)

Land Court Act 2000

An Act to establish the Land Court, and for related purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Land Court Act 2000.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Dictionary The dictionary in schedule 2 defines words used in this Act.

Part 2 Land Court

Division 1 Establishment and jurisdiction

4 Establishment of Land Court (1) A specialised judicial tribunal called the Land Court is established. (2) The court is a court of record. (3) The court has a seal that must be judicially noticed.

5 Jurisdiction of Land Court (1) The Land Court has the jurisdiction given to it under this Act or another Act. Note— Various Acts confer jurisdiction on the Land Court. See the Acts Interpretation Act 1954, section 49A. (2) If jurisdiction for a proceeding is expressly conferred on the court under this Act or another Act, the jurisdiction is exclusive. (3) Subsection (2) does not limit parts 3 and 4. (4) The jurisdiction of the Land Court can not be ousted only because a proceeding before it is about claims or interests of an equitable nature or involves making a decision about title to land.

6 No distinction between Land Court and chambers (1) The distinction between the Land Court and chambers is abolished. (2) The business of the court, wherever it is conducted, is taken to be conducted in court.

Division 1A [Repealed]

6A

6B

Division 2 General powers

7 Land Court to be guided by equity and good conscience In the exercise of its jurisdiction, the Land Court— (a) is not bound by the rules of evidence and may inform itself in the way it considers appropriate; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to legal technicalities and forms or the practice of other courts.