Civil reform
Reforms to the civil justice system
The Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 contains the first stage of reforms in response to the report Review of the civil and criminal justice system by the Honourable Martin Moynihan AO QC.
The Act includes amendments to the civil justice system to:
- increase the monetary limit for the civil jurisdiction of the District Court from $250,000 to $750,000 and Magistrates Courts from $50,000 to $150,000, and related consequential changes
- introduce a new scale of costs for the Magistrates Courts in the Uniform Civil Procedure Rules 1999 for amounts above the current civil jurisdictional limit
- transfer the jurisdiction of Industrial Magistrates for workers’ compensation appeals to the Queensland Industrial Relations Commission (QIRC) where dual appeal rights currently exist under the Workers’ Compensation and Rehabilitation Act 2003, and
- allow claims in the District Court and Magistrates Courts to be filed in central registries under the Uniform Civil Procedure Rules 1999 consistent with the Supreme Court.
The Justice Legislation (Costs and Fees) Amendment Regulation (No. 1) 2010 also amends:
- the Uniform Civil Procedure Rules 1999 to adjust the new Magistrates Courts costs scale in accordance with the Consumer Price Index (CPI), and
- the Uniform Civil Procedure (Fees) Regulation 2009 to introduce new filing fees for civil claims in the Magistrates Courts over the current $50,000 jurisdictional limit up to the new limit of $150,000.
A broader review of the cost scales under the Uniform Civil Procedure Rules 1999 is also being undertaken by the Rules Committee in consultation with the legal profession. Further advice will be provided on any changes arising from this review.
Frequently asked questions
Why were the new civil limits introduced?
The monetary limits for the civil jurisdiction of Queensland Magistrates Courts and the District Court of Queensland had not changed since 1997. Mr Moynihan recommended the increases to reflect inflation and other factors such as the high geographical accessibility of Magistrates Courts and changes in the professional qualification and broader range of experience of appointees to the Magistrates Courts.
How do the amendments affect existing claims and proceedings?
The reforms to the civil justice system in the Act only apply to civil proceedings that are started in the District Court and Magistrates Court on or after 1 November 2010. For more information about how the amendments will affect existing claims please refer to Transitional information - reforms to the civil justice system
How does the Act amend the cost scales?
The Act contains amendments to schedule 3 (Scale of costs – Magistrates Courts) of the Uniform Civil Procedure Rules 1999 (UCPR) to insert a new scale of costs for cases where the amount recovered or claimed (whichever is applicable under UCPR) is between the old jurisdictional limit of $50,000 and the new limit of $150,000. This new scale is based on the Supreme Court and District Court scale. Where the amount is $50,000 or less, the existing costs scale will continue to apply.
The Act does not amend the District Court scale of costs.
Do the amendments mean that civil claims in the District Court and Magistrates Courts have to be lodged in a central registry?
The amendments allow plaintiffs to start a proceeding in a central registry, but this is not mandatory. Existing provisions will continue, for example, to allow a party to object to the starting of a proceeding in the central registry and the court to order a change of venue. These amendments are consistent with processes in the Supreme Court.
What is a “central registry”?
Central registries are in Brisbane, Townsville, Rockhampton and Cairns.
When did the reforms commence?
The reforms to the civil justice system commenced on 1 November 2010.