SPECIAL PROCEDURES GOVERNING SMALL CLAIMS IN AUSTRALIA (FROM ACCESS TO JUSTICE, VOL 2, 1978, BY M CAPPELLETTI AND J WEISNER - SEE NCJ-61157)

• NCJ Number: 61165
• Author(s): G D S TAYLOR
• Date Published: 1978
• Length: 88 pages
• Corporate Author: Sijthoff and Noordhoff
• Publication Format: Document
• Publication Type: Program Description (Model)
• Language: English
• Country: Netherlands

Annotation

VARYING APPROACHES TO THE HANDLING OF SMALL CLAIMS IN DIFFERENT JURISDICTIONS OF AUSTRALIA ARE EXAMINED AND COMPARED WITH THOSE IN NEW ZEALAND.

Abstract

SPECIAL COURT PROCEDURES FOR HANDLING SMALL CLAIMS IN AUSTRALIA, MANDATED SINCE 1973, HAVE TRIED TO OVERCOME PROBLEMS IN ORDINARY COURT OPERATIONS, SUCH AS EXCESSIVE COST, DETERRENCE OF INDIVIDUALS FROM PURSUING THEIR OWN RIGHTS, AND PROCEDURAL COMPLEXITY AND TURGIDITY. THIS LEGISLATION HAS SEPARATED PROCEDURES IN DEBT CASES FROM OTHER PROCEDURES, ELIMINATED LAWYERS, REMOVED ADJUDICATION FROM COURTHOUSES TO ADJUDICATORS' OFFICES, AND SIMPLIFIED OTHER PROCEDURES. MINOR VARIATIONS OF EXISTING PROCEDURES HAVE LONG BEEN TRIED IN MANY JURISDICTIONS WITHOUT SUCCESS. IN THE AUSTRALIAN CAPITAL TERRITORY, SOUTH AUSTRALIA, AND QUEENSLAND (FOR DEBTS ONLY), REFORM HAS CONSISTED OF ESTABLISHING NEW PROCEDURES IN THE ORDINARY COURTS. IN NEW SOUTH WALES, QUEENSLAND, VICTORIA, WESTERN AUSTRALIA, AND TASMANIA, COMPLETELY NEW TRIBUNALS WITH NEW PERSONNEL AND NEW PROCEDURES HAVE BEEN OR ARE BEING ESTABLISHED. NEW ZEALAND'S LEGISLATION IS A MIXTURE OF THE TWO APPROACHES. IN THE AUSTRALIAN TRIBUNALS, CASES MAY BE TRANSFERRED TO ORDINARY COURTS, BUT DECISIONS, ONCE MADE, CANNOT BE APPEALED. THE MONEY LIMIT FOR SMALL CLAIMS IS $500, BUT $1,000 APPEARS TO BE A MORE SUITABLE LIMIT. ALTHOUGH JURISDICTION OF SPECIAL TRIBUNALS HAS BEEN EXPANDED, FURTHER WIDENING OF JURISDICTION AS WELL AS WIDENING THE DEFINITIONS OF APPLICABLE PARTIES WOULD BE DESIRABLE. BETTER GEOGRAPHIC ACCESSIBILITY COULD BE FOSTERED THROUGH ESTABLISHMENT OF BETTER CIRCUITS AND THROUGH NIGHT SITTINGS. ALTHOUGH SMALL CLAIMS PROCEDURES APPEAR TO BE PRODUCING ADEQUATE CLIENT SATISFACTION, THE EXTENT TO WHICH JUSTICE AND ACCESS TO IT ARE BEING ACHIEVED CANNOT BE DETERMINED. NEVERTHELESS, ADJUDICATORS UNANIMOUSLY AGREE THAT THE NEW PROCEDURES ARE SUCCEEDING, WITH SEPARATE SMALL CLAIMS COURTS APPEARING TO BE MORE EFFECTIVE THAN THE PROCEDURAL MODIFICATIONS IN ORDINARY COURTS. FOOTNOTES AND SAMPLE FORMS ARE INCLUDED.