Agency Details

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Agency ID2758
TitleSupreme Court, Southern District, Maryborough
Agency TypeSupreme Court
Start Date 11/10/1859
End Date Current
Date NotesN/A
Abstract

The Supreme Court is the highest court in Queensland, comprising a trial division and the Court of Appeal.

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Series

Series IDTitleFromTo
5521Indictments, Depositions and Related Papers in Criminal Sittings [Circuit Court, Maryborough] 1/1/1860 20/6/1972
8283Record Book 16/2/1884 1/6/1899
10969Liquidation Files 1/1/1887 31/12/1895
10968Indictments and Papers in Criminal Sittings [Maryborough] 1/1/1892 31/12/1923
8292Execution Book 1/1/1904 31/12/1946
8293Committal Register 10/1/1919 27/10/1955
8279Warrant Book 3/3/1922 31/12/1934
5524Plaints 31/3/1922 31/3/1933
17250Warrants of Execution Book 31/3/1922 31/12/1936
10970Register of Judgments by Default 31/3/1922 27/7/1942
5517Writ Register 31/3/1922 16/9/1976
5527Writs (Supreme Court, Maryborough) 1/1/1937 29/11/1990
5523Register of Judgments and Orders 23/12/1952 4/8/1978
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Controlling Agencies

Agency IDTitleFromTo
1161Colonial Secretary's Office, New South Wales 1/3/1859 23/12/1859
19Department of Justice (I) 23/12/1859 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

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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Remarks

Information Sources

Supreme Court, "Letterbook of the Resident Judge, Moreton Bay", 26 October 1859, p. 24; QSA: SCT/G1
Queensland Government Gazette, 7 December 1861, Vol I, p. 774.
Supreme Court Constitution Amendment Act 1861
Supreme Court Act 1863
Supreme Court Act 1867
Supreme Court Act of 1874
Supreme Court of Queensland Act 1991
Queensland Government Gazette 1874, Vol. XV, No.122, p.1823
Queensland Government Gazette 1874, Vol. XV, No.123, p.1826
Queensland Government Gazette 1922, Vol. CXVIII, No.99. p.999
Queensland Government Gazette 1959, Vol. CC, No.102, p.1939
Queensland Government Gazette 1964, Vol. CCXVII, No.41, p.827
McPherson, B.H., Supreme Court of Queensland, Butterworths,1989
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Legislation

Establishing N/A
Abolishing N/A
Administered District Courts Act 1967
Justices Act Amendment Act 1964
Supreme Court Constitution Amendment Act 1861
Supreme Court Acts 1861 - 1995
Supreme Court Rules 1900
Supreme Court Regulation 1998
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Description
ESTABLISHMENT:
Tthe Supreme Court, Maryborough was established as a Circuit Court from Brisbane prior to separation from New South Wales. Judge Lutwyche, in a letter he wrote on 26 October 1858 as Resident Judge, Moreton Bay, refers to a New South Wales proclamation of 11 October 1859 commencing the Court.

On 7 August 1861, the Supreme Court, Maryborough was fully constituted under the "Supreme Court Constitution Amendment Act 1861". Under this Act, in a proclamation by Governor Bowen of 7 December 1861, a Circuit Court of the Supreme Court was established to sit at Maryborough twice each year. The Circuit Court of Maryborough comprised the Police Districts of Gayndah, Nanango, Gladstone, Rockhampton and Kennedy.

The full powers and legal jurisdiction of the Supreme Court of New South Wales were retrospectively transferred to the Supreme Court of Queensland under the "Supreme Court Act 1863".

The above Acts, and also the "Supreme Court Act of 1867", allowed for the setting of time and places of Circuit Courts, which were full courts and courts of record.

FUNCTIONS:
The Supreme Court exercises broad original jurisdiction (ie right to hear cases at first instance) in major civil and criminal matters as well as appellate jurisdiction (ie the right to hear appeals from a lower court].

The jurisdiction of the Supreme Court has included powers to administer legislation and to hear cases relating to: equity, insolvency, liquidation and registration of companies, elections, naturalisation, registration of printing presses and types, registration of newspapers and trade marks, ecclesiastical law, matrimony, property, local government laws, trusts and trustees, and the enrolment of barristers and solicitors.

From 31 Mar 1922 to 19 Mar 1959 the Supreme Court took on some of the functions of the District Court.

ADMINISTRATIVE STRUCTURE:
Until the introduction of the "Supreme Court Act of 1874", the Brisbane Supreme Court and the Circuit Courts were required to deal with all judicial matters of their concern that might arise within Queensland. After this date, Supreme Court districts were established and the Circuit Court, Maryborough became part of the Southern District with the judge resident in Brisbane travelling to Maryborough.

The "Supreme Court of Queensland Act 1991" abolished Circuit Courts, including Maryborough and anything done or existing to a previous Circuit Court continued with the Supreme Court.
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Preferred Citation

Queensland State Archives Agency ID2758, Supreme Court, Southern District, Maryborough
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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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