Agency Details

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Agency ID1351
TitleMagistrates Court, Oakey
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
8921Record Books 3/4/1922 5/6/1923
5199Notice of Birth of Illegitimate Children Receipt Book [Oakey] 3/4/1922 19/2/1947
8925Plaint Books [Magistrates Court, Oakey] 1/1/1923 31/12/1966
8924Minute Book 13/6/1923 19/8/1932
8929Judgment Book 22/6/1923 28/11/1955
8930Debt Attachment Book 25/10/1923 3/4/1968
8927Indexes to Plaint Books [Magistrates Court, Oakey] 1/1/1940 31/12/1965
8928Bailiffs' Summons Books 1/1/1940 31/12/1966
8908Police Charge Bench Books 31/12/1964 29/2/1968
8909Bench Record and Summons Books 31/12/1964 3/12/1971
8935Registers of Liquor Licences and Licensed Premises [Oakey] 31/12/1964 12/4/1973
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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 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, Oakey was deemed to be the Magistrates Court, Oakey.

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

Records from the Magistrates Court, Peranga, the Magistrates Court, Jondaryan, the Magistrates Court, Goombungee and the Magistrates Court, Cooyar were transferred to the Magistrates Court, Oakey upon these courts 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, Oakey is within the Toowoomba Magistrates Courts District.
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Preferred Citation

Queensland State Archives Agency ID1351, Magistrates Court, Oakey
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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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