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Section : 4.01 Plaintiffs may choose small claims procedure
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (1) For paragraph 548 (1) (c) of the Act, the manner in which a person must indicate that he or she wants a small claims procedure to apply to an action that the person has commenced is:
- (a) by:
- (i) endorsing the papers initiating the action with a statement that the person wants a small claims procedure to apply to the action; or
- (ii) lodging with the magistrates court or the Federal Magistrates Court a paper that identifies the action and states that the person wants a small claims procedure to apply to the action; and
- (b) by serving a copy of the papers initiating the action, together with a copy of the paper (if any) mentioned in subparagraph (a) (ii), on every other party to the action.
- (2) Subregulation (1) does not apply to an action that a person starts in a magistrates court or the Federal Magistrates Court if rules of court relating to that court prescribe the manner in which the person indicates that he or she wants a small claims procedure to apply to the action.