Agency Details

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Agency ID1158
TitleMagistrates Court, Bowen
Agency TypeMagistrates Court
Start Date 3/4/1922
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
9244Warrant of Execution Books 14/3/1912 24/1/1966
12369Minute Books 3/4/1922 20/5/1932
9247Indexes to Plaints 3/4/1922 18/3/1965
12373Plaint Books [District Court/Magistrates Court, Bowen] 3/4/1922 8/3/1968
11095Judgment Book 14/11/1922 2/1/1936
9246Judgment Books 14/11/1922 22/10/1959
9241Debt Attachment Books 1/3/1939 16/7/1968
9243Bailiff's Warrant Book [Bowen] 4/8/1939 23/6/1966
9242Bailiff's Summons Books [Bowen] 24/12/1947 23/4/1968
18495Register of Securities 31/12/1964 11/6/1969
17381Register of Liquor Licences and Licensed Premises [Bowen] 31/12/1964 30/10/1972
9250Register of Slaughterhouse Licences 31/12/1964 30/8/1973
9252Index to Bench Book 1/1/1965 31/12/1965
9254Bench Record and Summons Books 8/1/1965 6/12/1971
9248Index (Unidentified) 1/1/1968 31/12/1970
17369Registers of Summons and Arrest Cases 27/3/1968 6/4/1981
9245Minutes of Conviction Book (Bowen) 1/9/1969 1/10/1973
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 3/4/1922 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 26/9/1998
8620Department of Justice and Attorney-General (II) 26/9/1998 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

Details of subsequent agencies do not exist or are unavailable.
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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 1922, Vol CXVIII, No 99, p. 999
Small Debts Courts Acts 1867-1894
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
Queensland Government Gazette 1991, Vol CCXCVII, No 64, p. 968
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Legislation

Establishing Magistrates Courts Act 1921
Abolishing N/A
Administered Magistrates Courts Act 1921
Justice Regulation 2004
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Description
ESTABLISHMENT:
Under the "Magistrates Courts Act 1921", from 3 April 1922 onwards: all small debts courts established under the Small Debts Courts Acts 1867-1894 were deemed to be magistrates courts, all officers of small debts courts were deemed to be officers of magistrates courts. Under this legislation, from 3 April 1922 the Small Debts Court, Bowen was deemed to be the Magistrates Court, Bowen.

Under the "Justices Act Amendment Act 1964", from 1 January 1965 onwards: all courts of petty sessions districts were deemed to be magistrates courts districts, all places previously appointed for the holding of courts of petty sessions were deemed to be places for the holding of magistrates courts, all clerks of petty sessions were deemed to be registrars of magistrates courts. Under this legislation, from 1 January 1965 onwards, the Court of Petty Sessions, Bowen was deemed to be the Magistrates Court, Bowen.

Records from the Magistrates Court, Collinsville were transferred to the Magistrates Court, Bowen upon that Court being abolished by gazettal proclamation dated 20 June 1991.

FUNCTIONS:
Under the "Magistrates Courts Act 1921", magistrates courts inherited the civil functions of small debts courts. With the abolition of district courts by this same Act, their jurisdiction increased to claims of 200 or less in the following civil actions: personal actions, 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. In 2000 Magistrates Courts hear claims to $50000.

Under the "Justices Act Amendment Act 1964", magistrates courts inherited the petty criminal jurisdiction of courts of petty sessions. Petty criminal jurisdiction is a complicated matter of law involving numerous Commonwealth and State statutes but can be briefly described as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the Supreme Court.

ADMINISTRATIVE STRUCTURE:
Actions brought before a Magistrates Court are heard and determined by a magistrate sitting alone. From 2004 the Magistrates Court, Bowen is within the Bowen Magistrates Courts District.
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Preferred Citation

Queensland State Archives Agency ID1158, Magistrates Court, Bowen
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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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