By Matthew Skelly, Senior Associate

On 16 December 2022 the District Court of NSW’s general jurisdictional limit increased from $750,000.00 to $1,250,000.00, and its equity proceedings and temporary injunctions jurisdictional limit increased from $20,000.00 to $100,000.00.

The new jurisdictional limit only applies to claims brought in the District Court of NSW after 16 December 2022.

Despite the District Court Amendment Act 2022 (NSW) changing the general jurisdiction of the Court, the Act did not seek to make any changes to the provision of the Uniform Civil Procedure Rules 2005 (NSW) directed at ensuring parties commence proceedings in the correct jurisdiction.

Specifically, UCPR 42.34 provides a successful party in Supreme Court of NSW proceedings will not ordinarily be entitled to costs if they do not obtain a judgment over $500,000.00 and those proceedings could have been brought in the District Court of NSW.

Implications

With the District Court of NSW having two general monetary limits until the pre-16 December 2022 proceedings are resolved, we anticipate UCPR 42.34 will remain unamended.  Should this be the case, it is likely the change in the jurisdictional limit will not have any significant effect on reducing the caseload in the Supreme Court of NSW for some years.