Last update: 25 February 2007.

Jurisdiction of Small Claims Tribunal
The first comment that I wish to make is in relation to a report which appeared in the Spring edition of United Times, the newsletter of the Tenants' Union of Queensland (TU). At the time of writing this article I have not had the opportunity of discussing the issue raised in the report with a representative of that organisation due to the time frame required for the submission of this article for publication. My comments should not be taken as a criticism of the TU but merely my view of what was reported in the United Times.

The article relates to a decision of a Magistrate who was conducting a trial in the Magistrates Court in relation to a claim by a lessor against a tenant for damages arising out of the tenant's neglect of the premises. The article reports that the Magistrate decided the Small Claims Tribunal had the exclusive jurisdiction to deal with these types of tenancy matters. It is my view that this comment, attributed to the Magistrate, is not the correct interpretation of the law.

Section 18 of the Residential Tenancies Act 1994 provides as follows: "A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act."

Prior to the commencement of the Residential Tenancies Act 1994, a lessor could sue a tenant for damages in the Magistrates Court and is therefore still able to do so. The effect of the Residential Tenancies Act 1994 is that jurisdiction was given to the Small Claims Tribunal to deal with matters under that legislation provided certain procedures were followed by the parties. One procedure that has to be followed is that, in respect of compensation claims by lessors or tenants, the claims can only be heard in the Tribunal after unsuccessful conciliation with the RTA and the claim must be lodged within six months of the party being aware of the breach. It is my opinion that all compensation claims for damages or for arrears of rent can still be heard in the Magistrates Court. Actions for termination of tenancies and bond disputes can only be heard in the Small Claims Tribunal.

I trust that my comments on this jurisdictional matter have clarified the issue.

^{Bill Randall, Magistrate, Small Claims Tribunal
reprint from Update "Residential Tenancies Authority Queensland"}