A Minor Civil Claim is an application about:
- disputes up to $6000
- various neighbourhood dispute matters (those based on trespass or nuisance)
- minor statutory proceedings: applications under- the Fences Act 1975- Part 4 Second-hand Vehicle Dealers Act 1995- s11(8) Second-hand Dealers and Pawnbrokers Act 1996- Part 5 Building Work Contractors Act 1995- applications for $12 000 or less under the Retail and Commercial Leases Act 1995- any other proceeding declared by a particular statute to be a minor statutory proceeding.
[Magistrates Court Act 1991 s 3(1), (2)]
In a minor civil claim, a lawyer normally cannot represent a party at the trial (although they can be involved in all of the preliminary steps leading up to the trial) and the procedures at trial are not as formal as claims in the General Division.
Some examples of minor civil claims include:
- motor vehicle property damage claims (see further information in the Law Handbook Online and the Motor Vehicle Accident Kit)
- claims for money owed (see Debt)
- neighbour disputes (see further information in the Law Handbook Online)
- Fences Act 1975 applications (see further information in the Law Handbook Online and the Fences and the Law booklet)
- strata and community title matters (see further information in the Law Handbook Online and the Strata and Community Titles booklet)
- an application under s 61Associations Incorporation Act 1985 on the basis that an association has engaged, or proposes to engage, in conduct that is oppressive or unreasonable.
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Mediation : Last Revised: Fri Dec 3rd 2010
