Document ID: chunk:federal_register_of_legislation:C2025C00150:section:548:p2
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 548 (pt 2/3)
Character Range: 1613501–1616025

to apply to the proceedings.
Note: Orders that a court may make under Division 2 in relation to small claims proceedings under this subsection may include a declaration that the employee was a casual employee, a part‑time employee or a full‑time employee when the employee commenced employment with the employer.

Limits on award
 (2) In small claims proceedings, the court may not award more than:
 (a) $100,000; or
 (b) if a higher amount is prescribed by the regulations—that higher amount.
 (2A) Interest awarded under section 547 does not count towards the maximum amount that the court may award under subsection (2) of this section.

Procedure
 (3) In small claims proceedings, the court is not bound by any rules of evidence and procedure and may act:
 (a) in an informal manner; and
 (b) without regard to legal forms and technicalities.
 (4) At any stage of the small claims proceedings, the court may amend the papers commencing the proceedings if sufficient notice is given to any party adversely affected by the amendment.

Legal representation
 (5) A party to small claims proceedings may be represented in the proceedings by a lawyer only with the leave of the court.
 (6) If the court grants leave for a party to the proceedings to be represented by a lawyer, the court may, if it considers appropriate, do so subject to conditions designed to ensure that no other party is unfairly disadvantaged.
 (7) For the purposes of this section, a person is taken not to be represented by a lawyer if the lawyer is an employee or officer of the person.

Representation by an industrial association
 (8) The regulations may provide for a party to small claims proceedings to be represented in the proceedings, in specified circumstances, by an official of an industrial association.
 (9) However, if small claims proceedings are heard in a court of a State, the regulations may so provide only if the law of the State allows a party to be represented in that court in those circumstances by officials of bodies representing interests related to the matters in dispute.

Costs for filing fees paid in relation to the proceedings
 (10) If the court makes an order (the small claims order) mentioned in subsection (1) against a party to small claims proceedings, the court may make an order as to costs against the party for any filing fees paid to the court by the party that applied for the small claims order.
 (11) Subsection (10) applies despite section 570.

Division 4—General provisions relating to civil remedies