Agency Details

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Agency ID11206
TitleMagistrates Court, Hervey Bay
Agency TypeMagistrates Court
Start Date 1/6/1989
End Date Current
Date NotesN/A
Abstract

The Magistrates Court is the local court where all criminal and many civil cases first enter the court system.

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Series

Series IDTitleFromTo
18985Bench Record and Summons Books 1/6/1989 11/7/1990
18981Index to Civil Plaints 1/6/1989 31/12/1990
18972Index to Court Summary Sheets [Scarness / Hervey Bay] 1/6/1989 31/12/1994
18975Record of Proceedings 1/6/1989 31/12/1994
18971Court Summary Sheets [Scarness / Hervey Bay] 1/6/1989 27/10/2000
18976Plaint Books [Magistrates Court, Scarness/Magistrates Court, Harvey Bay] 1/6/1989 29/9/2989
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 1/6/1989 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 24/9/1992
34Department of Justice and Attorney-General 24/9/1992 26/2/1996
120Department of Justice (III) 26/2/1996 29/6/1998
8620Department of Justice and Attorney-General (II) 29/6/1998 Current
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

Subsequent Agencies

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Related Agencies

Details of related agencies do not exist or are unavailable.
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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Queensland Government Gazette 1989, Vol CCXC, No 129, p. 2803
Magistrates Courts Act 1921
Justices Act 1886
Justices Regulation 2004
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Legislation

Establishing N/A
Abolishing N/A
Administered Magistrates Courts Act 1921
Justices Regulation 2004
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Description
ESTABLISHEMNT:
In pursuance of the provisions of the “Justices Act 1886 – 1988” the Magistrates Court at Hervey Bay was proclaimed by the Governor in Council on 1 June 1989.

FUNCTIONS:
Under the "Magistrates Courts Act 1921", Magistrates Courts inherited the civil functions of Small Debts Courts and determine the following civil actions: personal actions in which the amount claimed is not more than $50000, actions for the unliquidated balance of a partnership account, actions for a distributive share under an intestacy or for a legacy under a will, equity suits for recovery of money or damages, actions for replevin concerning distress for rent, summary actions for ejectment between lessors and lessees, and complaints for maintenance.

Under the "Justices Act Amendment Act 1964", Magistrates Courts inherited the petty criminal jurisdiction of Courts of Petty Sessions involving numerous Commonwealth and State statutes described briefly as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the District Court (re-established in 1959) or to the Supreme Court. Appeals from Magistrates Court judgments and orders are made to the District Court. Magistrates Courts include Coroners Courts and Childrens Courts.

ADMINISTRATIVE STRUCTURE:
Actions brought before a Magistrates Court are heard and determined by a magistrate sitting alone.
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Preferred Citation

Queensland State Archives Agency ID11206, Magistrates Court, Hervey Bay
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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