Agency Details

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Agency ID1169
TitleSupreme Court, Full Court
Agency TypeSupreme Court
Start Date 14/4/1892
End Date 14/12/1991
Date NotesN/A
Abstract

The Supreme Court is the highest court in Queensland; the Full Court was the highest court of appeal in civil matters

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Series

Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 14/4/1892 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 11/4/1991
100Department of Justice (II) 11/4/1991 14/12/1991
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Controlled Agencies

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

Details of previous agencies do not exist or are unavailable.
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Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
1171Supreme Court, Court of Criminal AppealCourts of Appeal
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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

Supreme Court Act 1892
Official Record of the Debates of the Legislative Assembly 1892, pp. 227 - 231
McPherson, B H, 1989, "The Supreme Court of Queensland 1859 - 1960", Butterworths, Brisbane, pp. 200 - 207
Penberthy, Thomas, 1946, "Australian Courts and Administrative Tribunals", University of Queensland, Brisbane, pp. 317 - 327
Supreme Court of Queensland Act 1991
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Legislation

Establishing Supreme Court Act 1892
Abolishing N/A
Administered Judicature Act 1876
Supreme Court Acts 1861 - 1983
Supreme Court Act 1892
Supreme Court Act 1921
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Description
ESTABLISHMENT:
The concept of the "full Court" (Judicature Act of 1876, s. 6) of all the judges of the Supreme Court of Queensland was first evident in s. 8 of "The Supreme Court Act of 1867", and in "The Supreme Court Act of 1874", with the provision that the Supreme Court was not to consist of more than three judges. "The Supreme Court Act of 1892", assented to on 14 April 1892, however, established the Full Court as the Supreme Court acting as a court of appeal which could not include a Supreme Court judge whose decision was being appealed.

FUNCTIONS:
The Supreme Court acting as the Full Court heard appeals in civil matters. Prior to 1913 and the establishment of the Court of Criminal Appeal, a criminal case could be "reserved" for the consideration of the Full Court. Appeals were heard against judgments in the Supreme Court and lower courts. Rules of appeals were established by "The Judicature Act of 1876".

ADMINISTRATIVE STRUCTURE:
The Supreme Court sitting as the Full Court hearing an appeal against a decision of a judge of the Supreme Court consisted of three judges, but the Full Court could consist of a minimum of two judges. If the judges were equally divided in opinion, that of the Chief Justice or senior judge prevailed. The Governor in Council could order that more than three judges sit.

ABOLITION:
Under the "Supreme Court of Queensland Act 1991", proclaimed on 14 December 1991, the Full Court and the Court of Criminal Appeal became the Court of Appeal.

NOTE:
The Justice Department can be regarded as the controlling agency of the Supreme Court in matters concerning the basic administrative requirements of the court.

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Preferred Citation

Queensland State Archives Agency ID1169, Supreme Court, Full Court
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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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