Agency Details

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Agency ID1775
TitleSmall Debts Court, Corfield
Agency TypeMagistrates Court
Start Date 16/11/1898
End Date 7/8/1902
Date NotesN/A
Abstract

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

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Series

Series IDTitleFromTo
17426Record Book 1/4/1898 7/6/1902
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Controlling Agencies

Agency IDTitleFromTo
123Home Secretary's Office 16/11/1898 7/8/1902
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Controlled Agencies

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Previous Agencies

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Subsequent Agencies

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Finding Aids

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Publication Notes
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Remarks

Information Sources

Queensland Government Gazette 1898, Vol LXX, No 144, p. 1204
Queensland Government Gazette 1902, Vol LXXIX, No 38, p. 354
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
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Legislation

Establishing N/A
Abolishing N/A
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, Corfield was proclaimed by the Governor in Council on 16 November 1898.

The Small Debts Court, Corfield was abolished by gazettal proclamation dated 7 August 1902.

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 ID1775, Small Debts Court, Corfield
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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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