AGY-1072 | District Court Civil Jurisdiction

Full description

The District Court, established on 1 July 1973 under the District Court Act, 1973 (Act No 9 1973) was the intermediate civil and criminal Court in New South Wales. At establishment, the Civil Jurisdiction of the Court was for any personal action at law where the amount claimed did not exceed $10,000. (1)

The Court had unlimited jurisdiction in claims for damages for personal injuries arising out of motor vehicle accidents. Unlimited monetary jurisdiction was conferred for claims for damages under Part 6 of the Motor Accidents Act 1988 (Act No. 102, 1988) (this part applies to claims involving death or injury caused by road vehicles, City Rail and State Rail trains, or ferries or other public transport watercraft). The Court could order a trial by jury under section 79 in respect of a motor accident that occurred in a place other than a public street. (2)

Approximately 5000 cases concerning major personal injury claims were transferred from the Supreme Court to the District Court on 18 July 1997. Most of these personal injury claims were motor accident matters. All new motor accident cases and most other personal injury matters were filed with the District Court. Parties could apply to have their cases heard in the Supreme Court if the personal injury or death claims would likely exceed $750,000, or motor accidents cases where the verdict was likely to exceed $1,000,000. (3)

The Court also dealt with cases that involved amounts, or property to the value of, not more than $250,000 under several Acts of Parliament including the De Facto Relationships Act, 1984; Family Provisions Act 1982; and Testator Family Maintenance and Guardianship of Infants Act 1916. (4)

From 1 September 1997 under the District Courts Legislation Amendment Act, 1997 (Act No.58 1997) leave of the Supreme Court is required for appeals from judgments of the District Court which seek a variation of less than $100,000 to the sum awarded. (5)

By 2003, the Civil Jurisdiction of the Court handled civil cases where the amount being claimed was up to $750,000, the Court can deal with cases where larger amounts are involved if the parties to the case agreed. The Court also dealt with applications for equitable relief in matters of debt and damages to a maximum amount of $750,000. The Equity Jurisdiction powers commenced from 22 August 1997. (6)

The Compensation Court Repeal Act 2002 commenced on 1 January 2004 transferred certain disputes to the District Court from the abolished NSW Compensation Court in what was commonly referred to as its ‘residual jurisdiction’ including The Police Act 1990 concerning police officers “hurt on duty”; Police Regulation (Superannuation) Act 1906 concerning the payment of superannuation benefits to police officers; The Coal Mining Act concerning coal mining matters; The Workers Compensation (Dust Diseases) Act 1942; The Sporting Injuries Insurance Scheme ; and The Workers’ Compensation (Bush Fire, Emergency & Rescue Services) Act 1987. (7)

In 2004, the Government passed legislation restricting the ability to commence legal actions claiming damages for personal injuries and introduced a cap on legal fees where verdicts for personal injuries under $100,000. (8)

From 16 December 2022, the jurisdictional limits of the District Court increased from $750,000 to $1,250,000. (9)

Endnotes
1. The District Court Act commenced 1 July 1973. NSW Government Gazette, 8 June 1973, p.2158.
2. Motor Accidents Act 1988 (Act No. 102, 1988), Part 6.
3. District Court Amendment Act 1997 (Act No. 58, 1997).
4. District Court, Annual Review 2003, p.7.
5. District Court Amendment Act, 1997 commenced 18 July 1997 NSW Government Gazette, 18 July 1997, p.5582.
6. Proclamation NSW Government Gazette, 22 August 1997, p.6416.
7. Compensation Court Repeal Act 2002 (Act. No 23, 2002); District Court, Annual Review 2004, p.21.
8. District Court, Annual Review 2004, p.7.
9. District Court Amendment Act 2022 (Act No. 72, 2022), Sch.1.; Commencement Proclamation (2022 No 749), NSW legislation website, 9 December 2022.