LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Australian Consumer Law Jurisdiction Issues?

Discussion in 'Australian Consumer Law Forum' started by Jeremy A, 3 September 2016.

  1. Jeremy A

    Jeremy A Member

    Joined:
    3 September 2016
    Messages:
    2
    Likes Received:
    0
    I am a self-represented litigant in an Australian Consumer Law based consumer/trader minor case claim in the Magistrates Court.

    Recently, I noticed the trader had committed offences under the Western Australian Home Building Contracts Act. That is in addition to breaches of section 18, 20, 21 of the Australian Consumer Law that were the basis of my claim along with Breach of Contract.

    I reported the HBCA breaches to the Building Commission and told the Magistrate. The Magistrate decided that reporting the breaches removed his jurisdiction as by law he could not hear cases that the Building Commission could hear.

    I'm now stuck with an Australian Consumer Law claim that can't be heard by either the Magistrates Court or the Building Commission who don't have jurisdiction over the Australian Consumer Law. At best, I can lodge a dispute with the Building Commission on a very narrow basis based on construction defects

    I guess my first question is whether the Magistrate was correct? If not, how do I get the decision reversed?

    Now it gets complicated :)

    I had already been awarded default judgment before I reported the HBCA breaches. So did the Court have jurisdiction then and was/is the order legally enforceable?

    Then the trader lodged an application to set aside default judgment using an affidavit that was false in a material particular - I mean seriously and provably false. That caused the Magistrate to send the matter to full trial. Between that order and full trial I reported the breaches.

    So unwinding it all, Can I get the original default judgment reinstated due the trader lodging a false affidavit? That is despite the subsequent loss of jurisdiction?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,170
    Likes Received:
    257
    The same matter can only be adjudicated once. Wondering if this is what the magistrate has suggested.

    Hard for anyone here to comment as you already have had two actions underway and at least two rulings. A lawyer needs to see the paperwork.
     
  3. Jeremy A

    Jeremy A Member

    Joined:
    3 September 2016
    Messages:
    2
    Likes Received:
    0
    I have no action with Building Commission and theoretically no action in Magistrates Court as it has been dismissed for want of jurisdiction.

    I want to get the jurisdiction decision set aside and/or the default judgement reinstated as it was made when the Court did have jurisdiction.

    Possibly one of the other forums might be a better place to raise the question? Although my case is ACL, this is about legal niceties. I know it's a bit of a curly situation because the judge retired to his chambers for an hour while making the decision and he used Supreme Court rulings in the final decision.
     

Share This Page

Loading...