Page:Community Disputes Resolution Act 2015.pdf/14

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COMMUNITY DISPUTES RESOLUTION
15


(2) Where an action brought by a plaintiff includes a claim or matter which is not within the tribunal’s jurisdiction under subsection (1) (called in this section the non‑relevant claim), the tribunal must dismiss the action in its entirety if—

(a) the plaintiff does not first withdraw, discontinue or abandon the non‑relevant claim; or
(b) an application under section 20 is not first made to transfer the whole proceedings or the proceedings on the non‑relevant claim.

(3) Except where this Act expressly provides otherwise, the tribunal’s jurisdiction does not extend to a claim under section 4—

(a) which exceeds the prescribed limit; or
(b) which is brought more than 2 years after the cause of action has accrued.

(4) Where the amount of a claim exceeds the prescribed limit, the plaintiff may abandon the excess amount and thereafter—

(a) the amount of the claim is deemed to be within the prescribed limit;
(b) the tribunal has jurisdiction to hear and determine the claim;
(c) the plaintiff may not obtain in the claim any remedy or relief, in respect of the action, the value of which exceeds the prescribed limit; and
(d) an order of the tribunal in relation to the claim will be in full discharge of all demands in respect of the claim.

(5) The prescribed limit, in relation to the jurisdiction of the tribunal, is $20,000 or such other amount as the Minister may, after consultation with the Chief Justice, substitute by order published in the Gazette.

Exclusion of other jurisdictions

18.—(1) Where an action on a claim (called in this section the first‑mentioned proceedings) is commenced in a tribunal, no other civil proceedings relating to that claim (called in this section the