Magistrates Court (Civil Division) Act 1992 (Tas)

Magistrates Court (Civil Division) Act 1992

An Act to establish a civil division of the Magistrates Court, to repeal the Local Courts Act 1896 , and to provide for incidental matters [Royal Assent 13 November 1992]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Magistrates Court (Civil Division) Act 1992 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – action means an action brought under this Act; Administrator means the Administrator of the Magistrates Court; assistant bailiff means a person appointed under section 15A ; bailiff means a person appointed under section 15 and includes an assistant bailiff; civil division means the Magistrates Court (Civil Division) established by this Act; Court means the Magistrates Court exercising its civil jurisdiction in the civil division; district means the area serviced by a registry; law practice has the same meaning as in the Legal Profession Act 2007 ; Magistrates Court means the Magistrates Court established by the Magistrates Court Act 1987 ; Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987 ; minor civil claim means – (a) a claim or counterclaim for damages, or for the payment of money, if the amount claimed does not exceed $5 000 or any other amount as may be prescribed for the purpose of this definition; or (b) any other claim prescribed in the regulations to be a minor civil claim; practitioner means an Australian legal practitioner; prescribed amount means $50 000; process means any document required to be filed, issued, given or served under this Act; registrar means the Administrator, a district registrar or a deputy district registrar; registry means a registry of the Magistrates Court; regulations means the regulations made and in force under this Act; rules of court means rules of court made for this Act by the Magistrates Rule Committee.