Agency Details

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Agency ID1159
TitleMagistrates Court, Brisbane
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
19263Index to Summons 1/3/1920 31/12/1988
6224Minute Books 3/4/1922 9/5/1932
6228Warrants of Execution Books 3/4/1922 15/11/1977
6223Index to Plaint Books [Small Debts Court/Magistrates Court, Brisbane] 3/4/1922 31/12/1981
6221Plaint Books [Small Debts Court/Magistrates Court, Brisbane] 3/4/1922 2/10/1989
6227Australian Registers of Judgments 4/4/1922 18/1/1962
6236Debt Attachment Books 4/4/1922 23/12/1977
6225Foreign Execution Re-Issued Book 23/5/1922 14/6/1978
6231Judgment Books 24/8/1922 27/2/1987
6188Bench Record and Summons Books - Offences Against Federal Laws 1/1/1935 29/2/1968
6230Appeals under the "Commonwealth Employees Compensation Act of 1930-1948" 1/9/1946 29/6/1953
6254Card Index to Licensed Auctioneers and Commission Agents [Brisbane] 1/1/1952 31/12/1971
6260Card Index to Licensed Motor Dealers 1/1/1952 31/12/1971
6262Card Index to Licensed Real Estate Agents 1/1/1952 31/12/1971
6257Card Index to Licensed Debt Collectors [Brisbane District] 8/1/1952 8/2/1972
6229Applications and Determinations under "the Seamen's Compensation Act 1911-1949" 14/2/1952 21/4/1954
19228Register of Bench Complaint Sheets 2/1/1957 30/12/1970
19262Court Summary Sheets [Brisbane] 1/1/1960 10/4/1989
6234Register of Private Applications under the "Mental Health Acts 1962-1965" 7/11/1963 20/4/1970
6190Bench Record and Summons Books - Breaches of Roads (Contribution to Maintenance) Acts and State Transport Regulations 1/1/1965 20/2/1968
6295Bench Record and Summons Books - Breaches of Industrial Acts and Awards 1/1/1965 27/2/1968
6296Bench Record and Summons Books - Breaches of Maintenance Orders 1/1/1965 28/2/1968
6152Bench Record and Summons Books - Liquor Act Offences [Brisbane] 1/1/1965 28/2/1968
6290Police Charge Bench Books for Traffic Court Liquor Offences 1/1/1965 28/2/1968
6187Bench Record and Summons Books - Breaches of Income Tax and Social Services Contribution Assessment Act 1/1/1965 29/2/1968
6161Bench Record and Summons Books - Miscellaneous Offences - Cases Initiated by Private Citizens and Government Officials (Brisbane) 1/1/1965 29/2/1968
6193Bench Record and Summons Books - Traffic Act Offences 1/1/1965 29/2/1968
6240Police Charge Bench Books for Late Charges Taken at Watch-house 1/1/1965 29/2/1968
6238Police Charge Bench Books for Offences Committed by Males 1/1/1965 29/2/1968
6241Police Charge Bench Books for Simple Offences - for Watch-house Prosecutors Only 1/1/1965 29/2/1968
6239Police Charge Bench Books for Offences Committed by Females 1/1/1965 1/3/1968
6151Bench Record and Summons Books - Miscellaneous Offences - Cases Initiated by Police (Brisbane) 1/1/1965 29/8/1968
6297Register of Applications for Exemption from Military Service 14/7/1965 22/2/1968
17343Register of National Service Applications 14/7/1965 22/2/1968
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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) 22/2/1996 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

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
Decentralization of Magistrates Courts Act 1965
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Legislation

Establishing Magistrates Courts Act 1921
Abolishing N/A
Administered Magistrates Courts Act 1921
Justices 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, Brisbane was deemed to be the Magistrates Court, Brisbane.

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, Brisbane was deemed to be the Magistrates Court, Brisbane.

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. Originally under the "Decentralization of Magistrates Courts Act of 1965" and most recently from 2004 the Magistrates Court, Brisbane is within the Brisbane Magistrates Courts District, the area of which is the district is the City of Brisbane, and the names of the divisions are Central (city), Holland Park, Inala (Richlands), Sandgate and Wynnum.
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Preferred Citation

Queensland State Archives Agency ID1159, Magistrates Court, Brisbane
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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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