Agency Details

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Agency ID1765
TitleSmall Debts Court, Cairns
Agency TypeMagistrates Court
Start Date 27/10/1876
End Date 3/4/1922
Date NotesN/A
Abstract

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

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Series

Series IDTitleFromTo
8216Execution Books 1/1/1886 3/4/1922
5182Debt Attachment Books 1/1/1894 5/9/1920
17051Liens on Crops Register 3/12/1894 3/4/1922
5180Australian Registers of Judgments 1/1/1907 3/4/1922
8213Minute Books 11/12/1907 3/4/1922
8217Warrant Book 1/1/1915 31/12/1915
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Controlling Agencies

Agency IDTitleFromTo
107Colonial Secretary's Office 27/10/1876 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 3/4/1922
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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

Agency IDTitle
1291Magistrates Court, Cairns
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Related Agencies

Agency IDTitleRelationship
671Court of Petty Sessions, Cairnsminor court
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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 1876, Vol XIX, p. 860
;Queensland Government Gazette 1922, Vol CXVIII, No 99, p. 999
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
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Legislation

Establishing N/A
Abolishing Magistrates Courts Act 1921
Administered Small Debts Courts Act 1867
Distress, Replevin and Ejectment Act 1867
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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.

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 this Act and the "Justices Act 1886", the establishment by the Governor in Council of a place for the holding of a court of petty sessions was deemed to establish a small debts court. The Small Debts Court, Cairns was proclaimed by the Governor in Council on 27 October 1876.

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

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.
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Preferred Citation

Queensland State Archives Agency ID1765, Small Debts 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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