Small claims court

[Joel]

Hi,

Does anybody have any experience with small claims court? Situation is service was in WA with the company is in NSW. Agreement was to reimburse rectification work to be done by a 3rd party. After work is completed, they have so far not reimbursed with no calls/emails returned. Been over a month since work was completed.

Key questions are:

1. Lodge in WA or NSW?
2. Can I get a baliff or sheriff in another state to serve the claim?

Thanks

 

[Terry_w]

You have to work out the jurisdiction.

 

[Aaron_C]

You have to work out the jurisdiction.

It's like the law school hypothetical in criminal law, Terry? A Victorian car commits a crime on the NSW border. Both are crimes under each State's law - which one tries the defendant?

 

[thatbum]

What actually happened? Service of something?

 

[Terry_w]

I can't remember first year contract law. I think it is the place where the cotnract was formed that determines jurisdiction, unless agreed otherwise. But this doesn't necessarily mean a court in a different jurisdiction cannot hear it.

 

[jakaim]

I am in Vic and once dealt with a company based in SA that were being difficult and quoting to me laws in SA. When I spoke to consumer affairs I was told as they were conducting business in Vic, they were bound by Vic laws, regardless of where they were based. I have also recently dealt with a rather dodgy company here in Vic, who ripped off customers in NSW and QLD and they were advised to contact fair trading in their state.

 

[Paul@PFI]

Construction claims are also governed by a distinct legal process in NSW at least (other states too I believe). Building & Construction Security of Payments Act may make a claim far easier. Provided all rules are complied with. The way invoices are prepared counts !!

Basic info here