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‘Proposed increase to NSW District Court jurisdictional limit’

Authors

Simon Lusk – Director
Sanjay Selvakumaran – Special Counsel

District Court Amendment Bill 2022

On 19 October 2022, the District Court Amendment Bill 2022 (NSW) was introduced in Parliament. If passed, the NSW District Court’s monetary jurisdictional limit will be increased from $750,000 to $1,250,000.

The Court’s monetary jurisdictional limit in equity proceedings for specified matters will be increased from $20,000 to $100,000.

The increased jurisdiction will only apply to proceedings commenced after commencement of the Act (if passed).

It is not yet known whether r 42.34 of the Uniform Civil Procedure Rules 2005 (NSW) will be amended consequent upon any increase to the District Court’s jurisdictional limit. Presently, UCPR 42.34 provides that in proceedings in the Supreme Court (other than defamation proceedings) if a plaintiff has obtained a judgment against the defendant in an amount of less than $500,000 and is otherwise entitled to an order for costs, an order for costs may be made, but will not ordinarily be made, unless the Supreme Court is satisfied that the commencement and continuation of the proceedings in the Supreme Court, rather than the District Court, was warranted.