Agency Details

Click on the series title to view series details.
Agency ID1784
TitleSmall Debts Court, Gladstone
Agency TypeMagistrates Court
Start Date 20/1/1854
End Date 3/4/1922
Date NotesN/A
Abstract

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

Go to Description...

Series

Series IDTitleFromTo
7958Plaint and Summons Book 28/3/1856 2/4/1872
7955Minute Book 4/5/1857 14/3/1872
7952Return of Summonses 30/10/1866 15/4/1905
7938Minute Books 12/2/1885 3/4/1922
9370Judgment Books 20/12/1892 3/4/1922
  Back to Top

Controlling Agencies

Agency IDTitleFromTo
1161Colonial Secretary's Office, New South Wales 20/1/1854 10/12/1859
107Colonial Secretary's Office 10/12/1859 29/7/1896
123Home Secretary's Office 29/7/1896 27/1/1904
19Department of Justice (I) 27/1/1904 3/4/1922
  Back to Top

Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
  Back to Top

Previous Agencies

Details of previous agencies do not exist or are unavailable.
  Back to Top

Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
704Court of Petty Sessions, Gladstoneminor court
  Back to Top

Finding Aids

This agency has no finding aids.
  Back to Top
Publication Notes
This agency has no publication notes.
  Back to Top

Remarks

Information Sources

New South Wales Government Gazette 1854, Vol. I, p. 3
Queensland Government Gazette 1867, Vol VIII, No 29, p. 1475
Australian Courts Act 1828
Justices Act 1886
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
;Queensland Government Gazette 1922, Vol CXVIII, No 99, p. 999
Back to Top

Legislation

Establishing Small Debts Courts Act 1867
Abolishing Magistrates Courts Act 1921
Administered Small Debts Courts Act 1867
Distress, Replevin and Ejectment Act 1867
Back to Top
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. The Court of Requests (Small Debts Court) was therefore established when the Court of Petty Sessions, Gladstone was established on 20 January 1854.

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. This Act, which took effect from 31 December 1867, established the Small Debts Court, Gladstone.

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

FUNCTIONS:
Under the "Small Debts Courts Acts 1867-1894" and further amending legislation, small debts courts were granted jurisdiction to hear claims for moneys less than a specified 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.
Back to Top

Preferred Citation

Queensland State Archives Agency ID1784, Small Debts Court, Gladstone
Back to Top
Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
Feedback
Share :

Is your feedback about:


Page feedback

How satisfied are you with your experience today?*












Comments*

Feedback on government services, departments and staff

Please use our complaints and compliments form

>