Document ID: chunk:federal_register_of_legislation:C2004A01222:clause:2_547
Version: federal_register_of_legislation:C2004A01222
Segment Type: clause
Provision Reference: sch 2 cl 547
Character Range: 38349–40048

547  Plaintiffs may choose small claims procedure in magistrates courts

 (1) An action started by a person under section 544 in a magistrates court is to be dealt with in accordance with this section if the person indicates, in a manner prescribed by the regulations or by rules of court relating to that court, that he or she wants a small claims procedure to apply.

 (2) The procedure is governed by the following conditions:
 (a) the court may not award an amount exceeding $5,000 or such higher amount as is prescribed;
 (b) the court may act in an informal manner, is not bound by any rules of evidence, and may act without regard to legal forms and technicalities;
 (c) at any stage of the action, the court may amend the papers initiating the action if sufficient notice is given to any party adversely affected by the amendment;
 (d) a person is not entitled to be represented by counsel or solicitor unless the court permits;
 (e) if the court permits a party to be represented by counsel or solicitor, the court may, if it thinks fit, do so subject to conditions designed to ensure that no other party is unfairly disadvantaged.

 (3) If the case is heard in a court of a Territory, the regulations may (despite paragraphs (2)(d) and (e)) prohibit or restrict legal representation of the parties.

 (4) Despite paragraphs (2)(d) and (e), if:
 (a) the case is heard in a court of a State; and
 (b) in a particular proceeding in that court (whatever the nature of the proceeding), the law of the State prohibits or restricts legal representation of the parties;
regulations made under this Act may prohibit or restrict legal representation of the parties to the same extent as that law.