Vikram Misra, Barrister at Clarence Chambers, continues his series into practice and procedure. In this article, he discusses the changes to the monetary jurisdictional limits of the NSW District Court. Follow the series here.
The District Court Amendment Act 2022 (NSW) (“the Act”), proclaimed on 7 December 2022 and commencing on 16 December 2022 has increased the monetary jurisdictional limits of the NSW District Court.
The NSW District Court’s general jurisdictional limit has increased from $750,000.00 to $1,250,000.00, whilst its equity proceedings and temporary injunctions jurisdictional limit has increased from $20,000.00 to $100,000.00.
It should be noted these amendments only apply only to proceedings commenced in the Court after the commencement of the Act.
The effect of these amendments will be to divert some of the case load in the Supreme Court of NSW to the NSW District Court.
Practitioners should always keep in mind which court is the appropriate forum to commence an action, as there are cost consequences for litigating in the incorrect court: see UCPR 42.34 and 42.35.
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Vikram Misra was admitted as a solicitor in 2012 and called to the NSW Bar in 2015. He maintains a broad commercial practice and is regularly briefed in matters relating to taxation law, property law, construction law and equity. Vikram has completed a Graduate Diploma in Taxation Law at the University of Sydney in 2015 and a Master of Laws majoring in construction law and contract law at the University of Melbourne in 2016. Vikram is also a contributing author to the Security of Payment (NSW) section of the looseleaf Commercial Arbitration Law & Practice Service for Thomson Reuters. You may connect with Vikram via email counsel@vikrammisra.com or LinkedIn
