Agency Details

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Agency ID714
TitleMagistrates Court, Rockhampton
Agency TypeMagistrates Court
Start Date 3/4/1922
End Date Current
Date NotesN/A
Abstract

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

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Series

Series IDTitleFromTo
6536Bench Record and Summons Books 24/3/1922 20/7/1942
419Australian Registers of Judgments 3/4/1922 29/3/1994
408Plaint and Record Books 14/3/1923 6/10/1989
416Execution Books 21/3/1923 4/10/1989
417Judgment Books 10/10/1929 27/2/1987
412Debt Attachment Books 27/12/1934 29/3/1994
413Foreign Execution Re-Issued Books 27/9/1961 9/10/1989
411Register of Slaughterhouse Licences 23/8/1968 29/11/1971
410Indexes to Court Summary Sheets [Rockhampton] 1/1/1969 31/12/1991
422Bench Record and Summons Book [Rockhampton] 22/7/1970 26/7/1972
415Indexes to Plaints and Record of Proceedings 1/1/1971 31/12/1994
407Bench Record Books [Rockhampton] 1/1/1972 29/6/1990
414Court Summary Sheets [Rockhampton] 1/1/1972 30/9/1991
409Court Applications [Rockhampton] 1/1/1977 14/5/1984
18375Record of Proceedings 1/1/1989 31/12/1994
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Controlling Agencies

Agency IDTitleFromTo
19Department of Justice (I) 3/4/1922 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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Remarks

Information Sources

Small Debts Courts Acts 1867-1894
Justices Act 1886
Supreme Court Act 1921
Justices Act Amendment Act 1964
Penberthy Fry, T., Australian Courts and Administrative Tribunals, University of Queensland, 1946
Queensland Government Gazette 1922, Vol CXVIII, No 99, p. 999
Queensland Government Gazette 1990, Vol CCXCV, No 128, p. 2272
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Legislation

Establishing Magistrates Courts Act 1921
Abolishing N/A
Administered Magistrates Courts Act 1921
Justices Regulation 2004
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Description
ESTABLISHMENT:
Under the "Magistrates Courts Act 1921", from 3 April 1922 onwards: all Small Debts Courts established under the Small Debts Courts Acts 1867-1894 were deemed to be Magistrates Courts, all officers of Small Debts Courts were deemed to be officers of Magistrates Courts. Under this legislation, from 3 April 1922 the Small Debts Court, Rockhampton was deemed to be the Magistrates Court, Rockhampton.

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

Records from the Magistrates Court, Mount Morgan were transferred to the Magistrates Court, Rockhampton upon that court being abolished from 31 December 1990.

FUNCTIONS:
Under the "Magistrates Courts Act 1921", Magistrates Courts inherited the civil functions of Small Debts Courts, together with the original jurisdiction up to 200 pounds of the District Courts which were abolished under the Supreme Court Act 1921. Magistrates Courts determined 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 involving numerous Commonwealth and State statutes described briefly as jurisdiction over summary trials of simple offences and committal proceedings for indictable offences sent to the District Court (re-established in 1959) or to the Supreme Court.

ADMINISTRATIVE STRUCTURE:
Actions brought before a Magistrates Court are heard and determined by a magistrate sitting alone. From 2004 the Magistrates Court, Rockhampton is within the Rockhampton Magistrates Courts District.



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Preferred Citation

Queensland State Archives Agency ID714, Magistrates 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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