New Jurisdiction Rules for Encroachment Disputes
Statutes Amendment (Attorney-General's Portfolio) Bill 2026
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Magistrates Court hears encroachment disputes if the value falls within its civil jurisdiction; otherwise, the Supreme Court hears them.
Courts can transfer encroachment matters to another court if it is necessary or appropriate.
The definition of 'benefit' under the Summary Offences Act now includes the value of unbilled legal costs and disbursements.
Rules against claim farming do not apply to contracts for the sale of a law practice if the contract was signed but not finished before the Act started.
The law updates terminology to use 'referring practice' for law practices giving or receiving benefits for claim referrals.