Which court has jurisdiction for specific performance?
Specific performance in the Supreme Courts of the states and territories and, to the limited extent that equitable jurisdiction is conferred by statute on lower courts (for example, District Courts), in those courts.
What is the jurisdiction of the District Court Qld?
The District Court deals with serious criminal offences such as rape, armed robbery and fraud. The court also hears appeals from cases decided in the Magistrates Court and disputes involving amounts between $150,000 and $750,000.
What is the general basis of jurisdiction for the grant of specific performance?
It is worth noting that jurisdiction of the court in specific performance is based on the inadequacy of the remedy of damages at common law and so it follows that as a general principle of equity will not interfere where damages at law will put the plaintiff in a position as beneficial to him as if the agreement for …
How do you defend a claim statement?
File a defence You can defend a statement of claim if you believe you don’t owe all or part of the claim. To defend the claim you must file a document called a defence. A defence confirms that you deny some or all of the claim and the reasons why. These reasons are called the grounds of your defence.
When can you claim specific performance?
However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party.
Who can claim specific performance?
1. Any party: Illustration: In a contract, there are two parties, A and B. Therefore, either of the parties can obtain specific performance of the contract.
What is the role of the District Court in Australia?
The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. The District Court also determines civil claims up to $750,000 and has unlimited jurisdiction in claims for damages for personal injury.
How many district courts are there in Queensland?
The District Court is the next level up from the Magistrates Court and the first court in the hierarchy that involves a jury. There are eight District Courts throughout Queensland with about 40 District Court judges who are called ‘Your Honour’ in court.
What does strict proof mean?
e) If the Defendant is unable to admit or deny an allegation, the Claimant should be put to strict proof i.e.: “It is neither admitted nor denied that the Claimant/ Part 20 Defendant has a right of action under the 2002 Regulation.
What should be included in defense?
How to write a defence?
- Defendant should reply on each allegation in particulars of claim.
- As well as a particulars of claim, defence must contain statement of truth.
- It is up to claimant to prove his position, that’s why defendant may ask to provide solid proof for each allegations it wasn’t stated in claim.
Who can sue for specific performance?
Specific performance is a remedy developed by principle of equity. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract.
Who Cannot claim specific performance?
Specific performance of a contract cannot be enforced in favour of a person: (a) who has obtained substituted performance of contract under section 20 or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract …
What does the district court deal with in Australia?
District Court The District Court deals with serious criminal offences such as rape, armed robbery and fraud. The court also hears appeals from cases decided in the Magistrates Court and disputes involving amounts between $150,000 and $750,000. Below are links to information about the District Court.
What is the District Court of Queensland?
The District Court is established by the District Court of Queensland Act 1967 (Qld) (District Court Act). The District Court sits in limited locations in Brisbane, Maroochydore, Townsville, Rockhampton, Cairns, Beenleigh, Ipswich and Southport as well as on circuit at Gympie, Maryborough and various other locations.
Who are the judges of the qell courts of law Brisbane?
On 17 December 2018, Mr John Allen QC was appointed and sworn-in as Judge of the District Court of Queensland in the QEll Courts of Law Brisbane. On 17 December 2018, Ms Vicki Loury QC was appointed and sworn-in as a Judge of the District Court of Queensland in the QEll Courts of Law Brisbane.
What does the Childrens Court of Queensland do?
The District Court judges appointed to the Childrens Court of Queensland determine some of the serious criminal charges brought against children. They also provide speedy access for the hearing of bail applications and sentence reviews, especially for young people being held on remand.