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DIVIDING FENCES ACT 1991 - SECT 13
Jurisdiction of Local Court or Civil and Administrative Tribunal
13 Jurisdiction of Local Court or Civil and Administrative Tribunal
(1) The Local Court or the Civil and Administrative Tribunal has jurisdiction
to hear and determine any matter arising under this Act.
(1A) Despite
subsection (1), only the Civil and Administrative Tribunal has jurisdiction to
hear and determine matters affecting land the subject of a Western lands lease
within the meaning of Schedule 3 to the Crown Land Management Act 2016 .
(2)
An application under this Act that is pending in the Local Court or in the
Civil and Administrative Tribunal may be transferred from the Court to the
Tribunal, or from the Tribunal to a Court, if it appears to the tribunal to
which the application was made that, having regard to the subject-matter of
the application and the composition and nature of the other tribunal, it is
more appropriate for the application to be determined by that other tribunal.
(3) The Local Court or the Civil and Administrative Tribunal which has an
application transferred to it under subsection (2) is to determine the
application.
(5) The Local Court may refer the parties to proceedings under
this Act to an arbitrator within the meaning of Part 5 of the
Civil Procedure Act 2005 , but only to the extent to which that Act provides
for such proceedings to be so referred.
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