Agency Details

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Agency ID2005
TitleMagistrates Court, Toogoolawah
Agency TypeMagistrates Court
Start Date 20/12/1928
End Date Current
Date NotesN/A

The Magistrates Court is the local court where all criminal and many civil cases first enter the court system.

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Series IDTitleFromTo
861Bench Record and Summons Books 20/12/1928 1/12/1979
650Police Charge Bench Books 1/1/1938 28/2/1968
833Plaint Book 1/1/1943 4/10/1955
808Register of Liquor Licence Applications - Toogoolawah 31/12/1964 18/3/1965
649Registers of Liquor Licences and Licensed Premises - Toogoolawah 31/12/1964 28/10/1966
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 20/12/1928 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

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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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Information Sources

Queensland Government Gazette 1928, Vol CXXXI, No 168, p. 2360
Magistrates Courts Act 1921
Justices Act 1886
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
Queensland Government Gazette 1987, Vol CCLXXXV, No 143, p. 3559
Queensland Government Gazette 1990, Vol CCXCV, No 128, p. 2272
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Establishing N/A
Abolishing N/A
Administered Magistrates Courts Act 1921
Justices Regulation 2004
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Under the "Justices Act 1886", and further specific legislation, the Governor in Council could establish a place for the holding of certain specified Courts. The "Magistrates Courts Act 1921" confirmed the applicability of this legislation to magistrates courts. The Magistrates Court, Toogoolawah was proclaimed by the Governor in Council on 20 December 1928.

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

Records from the Magistrates Court, Esk were transferred to the Magistrates Court, Toogoolawah upon that court being abolished by gazettal proclamation dated 27 August 1987. Records from the Magistrates Court, Kilcoy were transferred to the Magistrates Court, Toogoolawah upon that court being abolished by gazettal proclamation dated 20 December 1990.

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.

Actions brought before a Magistrates Court are heard and determined by a magistrate sitting alone. From 2004 the Magistrates Court, Toogoolawah is within the Ipswich Magistrates Courts District.
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Preferred Citation

Queensland State Archives Agency ID2005, Magistrates Court, Toogoolawah
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( )
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