Agency Details

Click on the series title to view series details.
Agency ID11851
TitleSmall Debts Court, Stanthorpe
Agency TypeMagistrates Court
Start Date 17/5/1872
End Date 3/4/1922
Date NotesN/A
Abstract

The Small Debts Court dealt with cases relating to minor financial matters.

Go to Description...

Series

Series IDTitleFromTo
21103Civil Proceedings (Magistrates Court, Stanthorpe) 15/7/1872 3/4/1922
  Back to Top

Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 17/5/1872 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 3/4/1922
  Back to Top

Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
  Back to Top

Previous Agencies

Details of previous agencies do not exist or are unavailable.
  Back to Top

Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
11853Children's Court, StanthorpeCourt, Stanthorpe
2122Circuit Court, StanthorpeCourt, Stanthorpe
11850Court of Petty Sessions, StanthorpeCourt, Stanthorpe (minor court)
11852District Court, StanthorpeCourt, Stanthorpe
  Back to Top

Finding Aids

This agency has no finding aids.
  Back to Top
Publication Notes
This agency has no publication notes.
  Back to Top

Remarks

Information Sources

Information Sources: New South Wales Government Gazette 1850, Vol 1, p. 249
Queensland Government Gazette 1922, Vol CXVIII, p1475
Australian Courts Act 1828
Small Debts Recovery Act 1846
Justices Act 1886
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
Queensland Government Gazette 1872, Vol XIII, No. 44, p. 807
Back to Top

Legislation

Establishing Small Debts Courts Act 1867
Abolishing Magistrates Courts Act 1921
Administered Small Debts Courts Act 1867
Distress, Replevin and Ejectment Act 1867
Back to Top
Description
ESTABLISHMENT:
The "Australian Courts Act of 1828" established courts possessing summary jurisdiction in certain types of civil matters involving the payment or recovery of small debts, known as Courts of Requests. The "Small Debts Recovery Act of 1846" and subsequent Queensland legislation of 1864 provided for Courts of Petty Sessions to administer such actions. The Court of Petty Sessions and therefore the Small Debts Court, Stanthorpe was established on 17 May 1872.

Small Debts Courts were ultimately legislated in Queensland under the "Small Debts Courts Act of 1867". Under this legislation, Courts of Petty Sessions were deemed to be Small Debts Courts.

Under the "Magistrates Courts Act 1921", from 3 April 1922 onwards all small debts courts were deemed to be magistrates courts and all officers of small debts courts were deemed to be officers of magistrates courts. Under this legislation, the Small Debts Court, Stanthorpe was deemed to be the Magistrates Court, Stanthorpe.

FUNCTIONS:
Under the "Small Debts Courts Acts 1867-1894" and further amending legislation, small debts courts were granted jurisdiction to hear claims under a specific amount 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.
Back to Top

Preferred Citation

Queensland State Archives Agency ID11851, Small Debts Court, Stanthorpe
Back to Top
Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
Feedback
Share :

Is your feedback about:


Page feedback

How satisfied are you with your experience today?*












Comments*

Feedback on government services, departments and staff

Please use our complaints and compliments form

>