Queensland Consolidated Acts Queensland Consolidated Acts(1) In this Act--
claim includes a tenancy application.
claimant means--
(a) subject to paragraphs (b) to (g), in relation to a small claim that arises out of a contract between a consumer and a trader--the consumer; or
(b) in relation to a small claim that arises out of a contract between traders--any of those traders; or
(c) in relation to a claim that is the subject of a dispute arising under the Dividing Fences Act 1953--any party to the dispute; or
(d) a person entitled to make a tenancy application; or
(f) in relation to a claim for payment of money for damage to property caused by or arising out of the use of a vehicle--a person incurring loss due to the damage; or
(g) in relation to a claim for repair of a defect in a motor vehicle under the Property Agents and Motor Dealers Act 2000--the buyer of the vehicle;
who, in any such case, has duly referred the claim to a small claims tribunal.
consumer means a person, other than an incorporated person, who buys or hires goods otherwise than for resale or letting on hire or than in the course of or for the purposes of a trade or business carried on by the person, or than as a member of a business partnership, or for whom services are supplied for fee or reward otherwise than in the course of or for the purposes of a trade or business carried on by the person, or than as a member of a business partnership, and includes a person who is or was the tenant of any premises let to the person for the purposes of a dwelling and otherwise than for the purposes of assigning or subletting or for the purposes of a trade or business carried on by the person.
contract includes all agreements, whether written or oral.
goods includes everything that is the subject of trade or manufacture or merchandise.
metropolitan district means the metropolitan district within the meaning of the Justices Act 1886.
prescribed amount means $7500.
referee means a person who is a referee of small claims tribunals pursuant to section 5.
registrar means the registrar of a registry of small claims tribunals, and includes any person performing at the material time any of the duties of the registrar.
registry means a registry of small claims tribunals established and maintained under this Act.
respondent means--
(a) a trader against whom is made a small claim that is duly referred to a small claims tribunal; or
(b) a party to a dispute, other than the claimant, concerning a claim that is duly referred to a small claims tribunal.
small claim means--
(a) a claim--
(i) for payment of money of a value not exceeding the prescribed amount; or
(ii) for relief from payment of money of a value not exceeding the prescribed amount; or
(iii) for performance of work of a value not exceeding the prescribed amount to rectify a defect in goods supplied or services provided; or
(iv) for return of goods of a value not exceeding the prescribed amount; or
(v) for a combination of claims referred to in subparagraphs (i) to (iv) or any 2 or more of them where the total value of the combined claim does not exceed the prescribed amount;
that in any case arises out of a contract for the supply of goods or the provision of services made between persons who, in relation to those goods or services, are a consumer or a trader on the one hand and a trader on the other; or
(b) a claim for repair of a defect in a motor vehicle under the Property Agents and Motor Dealers Act 2000, section 324; or
(c) a claim for payment of money of a value not exceeding the prescribed amount for damage to property caused by or arising out of the use of a vehicle.
small claims tribunal means a tribunal constituted as prescribed for taking a proceeding in relation to a claim.
tenancy application means an application made under the Residential Tenancies Act 1994 or the Residential Services (Accommodation) Act 2002 to a small claims tribunal.
trader means a person who in the field of trade or commerce carries on a business of supplying goods or providing services or who regularly holds himself or herself out as ready to supply goods or to provide services of a similar nature, and includes a person who is or was the landlord of any premises let to a tenant for the purposes of a dwelling and otherwise than for the purposes of assigning or subletting by the tenant or for the purposes of a trade or business carried on by the tenant.
(2) For the purposes of this Act a person who in respect of goods supplied or services provided by the person would be a trader, but for this subsection, shall not be a trader in respect of those goods or services if in supplying those goods or providing those services--
(a) the person acts in the exercise of a discipline that is not ordinarily regarded as being within the field of trade or commerce; or
(b) the person gives effect to the instructions of another who in providing those instructions acts in the exercise of a discipline that is not ordinarily regarded as being within the field of trade or commerce, and the goods supplied or the services provided are in all respects in accordance with those instructions.