The ACT Law Society has condemned a move by ACT Attorney-General Terry Connolly to force people with claims under $5000 into the Small Claims Tribunal where they cannot get costs. At present people had an option of starting cases in the Magistrates Court (where they could get costs and where formal procedures applied) or they could go to the Small Claims Tribunal. Under Mr Connolly plans all claims under $5000 would have to go to the tribunal. Society president Robert Clynes said yesterday small businesses and tradespeople would be discriminated against because if they use a solicitor they would have to bear the costs themselves, including filing fees. It was discriminatory against companies because companies had to be represented by a solicitor in court. At law company officials could not represent the company in the way individuals could represent themselves. Present small-claims legislation allowed a magistrate to remove a case to the small claims jurisdiction where justice required it, so Mr Connolly’s proposal was unnecessary. Mr Connolly argued that big organisations used the Magistrates Court and it made it threatening for people to defend cases lest they be hit with costs. Mr Clynes said Mr Connolly’s move was yet another by the ACT Government to reduce the role of lawyers. He said it was counter-productive because when people used lawyers they tended to get settlements rather than fights in court. He cited car-accident-injury cases where there was a high involvement of lawyers and 90 per cent of cases were settled.