Queensland Consolidated Acts

MAGISTRATES COURTS ACT 1921 - SECT 5A

(1) This section applies if a Magistrates Court considers the court does not have jurisdiction to hear and decide a proceeding started in the court.

(2) If the Magistrates Court considers the District Court has jurisdiction to hear the proceeding, the Magistrates Court may, by order, transfer the proceeding to the District Court.

(3) If subsection (2) does not apply and the Magistrates Court considers the Supreme Court has jurisdiction to hear the proceeding, the Magistrates Court may, by order, transfer the proceeding to the Supreme Court.

(4) If the Magistrates Court considers that the party who started the proceeding knew, or should have known, that the court did not have jurisdiction to hear the proceeding, the court may strike out the proceeding and order the party who started the proceeding to pay the costs of the other party to the proceeding.

(5) If the Magistrates Court does not have jurisdiction and the matter may not be transferred under subsection (2) or (3) or struck out under subsection (4), the court—

(a) must strike out the proceeding; and

(b) may order the party who started the proceeding to pay the costs of the other party to the proceeding.

(6) In this section—

proceeding includes appeal.