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“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

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SMALL CLAIMS TRIBUNALS ACT 1973 Dl.'partment of Justice,

Brisbane, 7th June, 1973.

HIS Excellency the Administrator of the Government, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Small Claims Tribunals Act 1973, has been pleased to make the following Regulations.

GORDON CHALK.

SMALL CLAIMS TRIBUNALS REGULATIONS 1973 I. Short Title. These Regulations may be cited as the Small Clait;ns Tribunals Regulations 1973.

2. Commencement of these Regulations. These Regula- tions shall come into operation on the First day of July, 1973.

3. Forms. The Forms set forth in the Schedule to these Regulations shall be used for the purposes for which they are respectively applicable, with such modifications as circum- stances require; and, notwithstanding anything to the contrary in these Regulations, any variance therefrom, not being in matter of substance, shall not affect the validity or regularity of the proceedings.

4. Fu. There shall be payable in respect of each claim filed in the registry, or, where the claim is filed outside the area of the City of Brisbane, in the office of the clerk of the Magistrates Court, a fee of $2.00, and no such claim shall be received or filed unless or until such fee has been duly paid.

5. Withdrawal of Claim. A cla•im may be withdrawn by lodging in the registry, or, where the claim is filed outside the area of the City of Brisbane, in the office of the clerk of the Magistrates Court, a notice in writing to that effect.

6. Appointmrnt of Agent. Application by a party to a proceeding to be represented by an ngent at the henrinll Rhllll he lodged in the re11i~try, in writinl!, nnd shnll contain the name, nge, and occupation of the proposed agent, and con- firmation that such agent has sufficient knowledge of the issue in dispute, and is vested with sufficient authority to bind the party seeking approval of the appointment of such agent.

ScHEDULE FORMS (Form 1)

Small Claims Tribunals Act 1973 CLAIM

Tn--The Registrar,

Registry of Small Claims Tribunals, 40-42 George Street,

Brisbane.

or

The Clerk of the Magistrates Court at

Mr.

I, Mrs. (Surname and Full Christian Names), of Miss

(Post Code) hereby give notice that I wish to refer the following small claim to a Small Claims Tribunal.

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PARTICULARS OF CLAIM

Name of Trader: (If a company or firm, state correct trading name).

Address:

Date of Transaction:

Description of goods or service involved:

Nature of Defect or Fault:

Warranty or guarantee (if any):

Dates of approaches to trader:

Any other relevant particulars:

Was the transaction the subject of a hire purchase agreement?

If so, supply name and address of hire purchase company.

I tender herewith the prescribed fee.

(Signature of Claimant) Date

(Form 2)

Small Claims Tribunals Act 1973

NOTICE TO REGISTRAR WHERE ORDER IS NOT COMPLIED WITII (Section 23)

versus Claim:-

Claimant Respondent

Whereas on the day of , 19

an order was made by the Small Claims Tribunal at whereby it was ordered:-

And whereas the said order has not been complied with.

I therefore request that the reference of the claim in the proceeding be renewed.

Dated at

19 . this

Claimant . day of

(Form 3)

Small Claims Tribunals Act 1973 NOTICE OF t\D.JOl'RNMI'NT

To- Re:

Take Notice that. on claim was adjourned to

versus

day of , 19 at

Small Claims Tribunal, (A Jdress)

19

(Claimant) (Respondent) , the hearing of the above

o'clock on the Brisbane.

(Registrar)

3

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(Form 4)

Small Claims Tribunals Act 1973

NOTICE OF RE-HEARING WHEN CLAIM HAS BEEN HEARD AND DETERMINED Ex PARTE IN HIE ABSENCE OF THE CLAIMANT OR RESPONDENT

Small Claims Tribunal (Address) To: (Name and culdress of claimant or respondent to whom

notice is beinr.: sent)

Claimant versus

Respondent Claim: (Here set out brief particulars)

The above claim having been heard er parte on the day of , 19 , and a re-hearing thereof having been granted on the application of the , you are hereby notified that the claim has been set down for re-hearing on the day of

19 , at o'clock in the noon at

situated at in the State of Queensland, before a Small Claims Tribunal.

19

The said re-hearing having been granted,

(i) the order made upon the first hearing has (subject to the provisions of paragraph (iii) hereunder) ceased to have effect;

(ii) on the re-hearing, the Tribunal shall have the same powers and shall follow the same procedures as if the re-hearing were an original hearing;

(iii) if either party does not appear at the time and place for which the re-hearing is set down, the Tribunal may, if it thinks fit, without re-hearing the claim direct that the original order be restored when it shall be restored to effect accordingly and shall be deemed to be of effect on and from the date it was first pronounced.

Dated at this day of

Registrar.

5

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The following pages contain all current amendments which have been Gazetted to date of this printing.

The amendments have been printed on one side of the page for those who wish to cut and paste into the relevant areas of the regulations.

November 1984

7

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Department

or

Justice,

Brisbane, 18th September, 1980.

THE Deputy Governor, for and on behalf of His Excellency the Governor, actins by and with the advice of the Executive Council and in pursuance of the provisions of the Small Claims Tribunal.v Act 1973-1978 and all other powers him thereunto enablins. hereby makes the following Resulation.

W. D. LICKISS.

The Small Oaims Tribunals Reaulations 1973, as amended, are further amended on and from the First day of October, 1980 by, in Reaulation 4, omittin8 the expres.o;ion .. $6.00"

and subltitutina the npression "$7.00".

By Authority: S. R. HAMPSON, Government Printer, Queensland

9

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