Agency Details

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Agency ID1291
TitleMagistrates Court, Cairns
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
8213Minute Books 3/4/1922 31/12/1931
17051Liens on Crops Register 3/4/1922 12/5/1950
8216Execution Books 3/4/1922 27/12/1957
5180Australian Registers of Judgments 3/4/1922 31/12/1982
8271Plaint Books [Magistrates Court, Cairns] 4/4/1922 12/1/1968
4472Judgment Books 19/1/1923 6/2/1978
5182Debt Attachment Books 12/12/1923 19/8/1985
8359Correspondence and Documents Related to Criminal and Civil Cases 14/9/1927 27/4/1965
8272Indexes to Plaint Books [Magistrates Court, Cairns] 1/1/1931 31/12/1937
8223Register of Orders for Examination of Judgment Debtors 1/1/1939 31/12/1955
8696Record of Bills of Sale 1/1/1941 31/12/1952
8215Bailiff's Summons Books [Cairns] 11/11/1941 6/10/1967
8193Registers of Licences [Cairns] 1/1/1945 31/12/1964
17053Foreign Warrants of Execution Book 14/10/1953 7/1/1974
8218Warrant Book 1/1/1959 31/12/1967
17479Bench Record and Summons Books 31/12/1964 29/12/1971
8691Police Charge Bench Books 31/12/1964 16/8/1973
17049Index to Summons Cases 1/1/1965 29/2/1968
8698Control Register 2/6/1969 23/5/1972
17057Indexes to Summons and Arrest Cases 1/1/1972 31/12/1978
17485Registers of Summons and Arrest Cases 13/1/1972 26/3/1981
8694Register of Slaughterhouse Licences 5/6/1972 28/11/1973
5241Register of Mental Health Act Applications for A Hospital Order 3/9/1973 14/11/1974
5243Court Summary Sheets (Cairns) 1/1/1981 31/12/1993
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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 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
Queensland Government Gazette 1990, Vol CCXCV, No 128, p. 2272
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Legislation

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

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

Records from the Magistrates Court, Gordonvale were transferred to the Magistrates Court, Cairns upon that Court being abolished by gazettal proclamation dated 20 December 1990.

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, Cairns is within the Cainrs Magistrates Courts District.
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Preferred Citation

Queensland State Archives Agency ID1291, Magistrates Court, Cairns
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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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