Agency Details

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Agency ID1815
TitleSmall Debts Court, Rockhampton
Agency TypeMagistrates Court
Start Date 16/9/1858
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
6542Registrars' Notebooks 1/1/1876 31/12/1887
6543Warrants of Execution Book 16/4/1877 26/5/1885
6544Deposition Books 30/9/1886 31/5/1888
419Australian Registers of Judgments 13/11/1909 3/4/1922
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Controlling Agencies

Agency IDTitleFromTo
1161Colonial Secretary's Office, New South Wales 16/9/1858 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
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Controlled Agencies

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

Subsequent Agencies

Related Agencies

Agency IDTitleRelationship
738Court of Petty Sessions, Rockhamptonminor 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

New South Wales Government Gazette 1858, Vol II, p. 1517
Australian Courts Act 1828
Small Debts Recovery Act 1846
Small Debts Courts Act 1867
Justices Act 1886
Magistrates Court Act 1921
Queensland Government Gazette 1867, Vol VIII, No 29, p. 1475
Queensland Government Gazette 1922, Vol CXVIII, No 99, p. 999
Fry, Thomas, Australian Courts and Administrative Tribunals, University of Queensland, 1946, p.93
Hanson G and Mayne Wm, The Small Debts Courts Practice, Queensland Law Journal, 1901, pp.1-4, 34
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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. The Court of Petty Sessions and therefore the Small Debts Court, Rockhampton was established on 16 Sept 1858.

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.

FUNCTIONS:
Under the "Small Debts Courts Acts 1867 - 1894", Small Debts Courts were granted jurisdiction to hear claims for less than a specified amount in civil actions including 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.

ABOLITION:
Under the "Magistrates Courts Act 1921", from 3 April 1922, 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, Rockhampton was deemed to be the Magistrates Court, Rockhampton.

PORTFOLIO CONTROLLING:
Colonial Secretary 31 Dec 1867 - 6 Aug 1896
Home Secretary 6 Aug 1896 - 27 Jan 1904
Attorney General 27 Jan 1904 - 19 Nov 1907
Minister of Justice 19 Nov 1907 - 18 Feb 1908
Attorney General 18 Feb 1908 - 22 Oct 1919
Minister of Justice 22 Oct 1919 - 7 Apr 1920
Attorney General 7 Apr 1920 - 3 Apr 1922
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Preferred Citation

Queensland State Archives Agency ID1815, Small Debts Court, Rockhampton
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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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