Agency Details

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Agency ID1307
TitleMagistrates Court, Dimbulah
Agency TypeMagistrates Court
Start Date 1/1/1941
End Date 20/12/1990
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
8551Plaint Book 3/3/1953 12/6/1964
8552Debt Attachment Books 22/3/1956 10/11/1967
8550Bench Record and Summons Book 31/12/1964 7/12/1971
17411Warrants of Execution Books 11/12/1968 12/7/1982
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 1/1/1941 7/12/1989
33Department of Justice and Corrective Services 7/12/1989 20/12/1990
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Controlled Agencies

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

Subsequent Agencies

Agency IDTitle
1335Magistrates Court, Mareeba
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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

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 N/A
Abolishing N/A
Administered Magistrates Courts Act 1921
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Description
ESTABLISHMENT:
Under the "Justices Act 1886", and further specific legislation, the establishment of a place for the holding of a court of petty sessions by the Governor in Council was deemed to establish certain other specific courts. The "Magistrates Courts Act 1921" confirmed the applicability of this legislation to magistrates courts. The Magistrates Court, Dimbulah was proclaimed by the Governor in Council on 1 January 1941.

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

The Magistrates Court, Dimbulah was 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.

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.
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Preferred Citation

Queensland State Archives Agency ID1307, Magistrates Court, Dimbulah
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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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