Queensland Consolidated Acts

DISTRICT COURT OF QUEENSLAND ACT 1967

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Suspension of Act's operation
   3.      Definitions

           Part 2--Court, judges, registries and officers

           Division 1--Court

   5.      Members and constitution of Court
   6.      Where the Court may be held
   7.      Declaration of districts
   8.      Court to be a court of record
   8A.     Statewide jurisdiction
   8B.     Seals of the court

           Division 2--Judges

   10.     Chief Judge
   10A.    Seniority
   11.     Travelling expenses
   12.     Leave of absence
   13.     Judge not to practise as lawyer, etc.
   14.     Retirement of judges
   17.     Acting judge
   19.     Judge empowered to act throughout the State
   20.     Judge to hold Court where directed, and to give notice
   21.     Adjournment within district
   24.     Certain causes and matters not affected by determination of commission
   25.     Hearing de novo when trial judge unable to continue
   26.     Proof of incapacity of judge
   27.     Judge may perform the duties of another judge
   28.     Removal of action only in manner provided by this Act
   28AA.   Protection for administrative acts

           Division 2A--Powers and responsibilities of Chief Judge

   28A.    Arrangement of business

           Division 2AA--Judge Administrator

   28B.    Appointment of Judge Administrator
   28C.    Acting Judge Administrator
   28D.    Judge Administrator continues to be judge
   28E.    Judge Administrator continues in office while judge
   28F.    Functions of Judge Administrator

           Division 3--Prerogative writs

   29.     When action may be removed
   30.     Rule or order substituted for writ of mandamus to a judge or officer
   31.     Judge not to be served with notice of application for prohibition
   32.     Rule or summons to show cause why a writ of certiorari or prohibition should not be issued to be a stay of proceedings
   33.     Notice of rule or summons to be given to registrar and parties
   34.     Notice of writ of certiorari or prohibition obtained ex parte to be given to registrar and parties

           Division 4--Registries

   35.     Registry etc.

           Division 5--Officers
           Subdivision 1--Judicial registrars

   35A.    Judicial registrars
   35B.    Independence of judicial registrars
   35C.    Rehearing after judicial registrar's decision
   35D.    Conditions of appointment
   35E.    Retirement of judicial registrars
   35F.    Preservation of rights
           Subdivision 2--Other officers
   36.     Principal registrar and associates
   36A.    Other registrars and officers
   37.     Duties of registrar
   39.     Minutes of proceedings to be kept
   40.     When a clerk of the court is registrar, the clerk's successor or deputy shall be registrar
   41.     Appointment of bailiffs and bailiffs' assistants
   42.     Bailiffs' assistants may act after the death or removal of bailiff
   43.     Duties of bailiffs
   44.     Bailiff not required to take out auctioneer's licence
   45.     Remuneration of bailiffs
   46.     Bailiff answerable for escape and neglect to levy execution

           Division 6--General provisions about officers

   48.     Disabilities of registrar and bailiff
   50.     Remedies against and penalties on bailiffs and other officers for misconduct
   51.     Indemnity to persons acting under this Act

           Division 7--Lawyers and agents

   52.     Appearance to be in person or by lawyer, or other person allowed by the judge

           Part 4--Criminal jurisdiction and procedure

           Division 1--Criminal jurisdiction

   60.     Criminal jurisdiction
   61.     Criminal jurisdiction if maximum penalty more than 14 years
   61A.    No general criminal jurisdiction over a child

           Division 2--Procedure

   63.     Change of venue
   64.     Change of trial from Supreme Court to District Court
   65.     Jury in criminal trials
   66.     Issues of law and fact
   67.     Registrar may issue subpoenas

           Part 5--Civil jurisdiction

           Division 1--Civil jurisdiction

   68.     Civil jurisdiction
   69.     Powers of District Court
   70.     Relief against proceedings to recover land
   71.     Reference to arbitration
   72.     Consent jurisdiction
   73.     Splitting demands—abandonment of excess
   74.     Splitting debt by giving bills

           Division 2--Trial by jury

   75.     When a jury may be summoned

           Division 3--Evidence

   76.     Rules of evidence

           Division 4--Removal of actions

   77.     Removal of proceedings from Supreme Court to District Court
   78.     Removal of proceedings from the District Court to a Magistrates Court
   79.     Plaintiff's right to transfer action from Magistrates Court to District Court
   80.     Transfer of certain actions from Magistrates Court to District Court at defendant's instance
   81.     Procedure where proceedings beyond jurisdiction are commenced in Magistrates Court
   82.     Plaintiff's right to transfer action from District Court to Supreme Court
   83.     Transfer of certain actions from District Court to Supreme Court at defendant's instance
   84.     Costs
   85.     Procedure if proceeding started in wrong court
   86.     Jurisdiction as to counterclaims
   87.     Application of statutes of limitations

           Part 6--Recovery of possession of land

   88.     Warrant empowers bailiff to enter on land

           Part 7--ADR processes

           Division 1--Preliminary

   89.     Objects of part

           Division 2--Important terms

   90.     ADR process
   91.     Mediation
   92.     Case appraisal

           Division 3--Establishment of ADR processes

   93.     Approval of mediators
   94.     Approval of case appraisers
   95.     ADR register
   96.     Parties may agree to ADR process
   97.     Court may consider and order reference to ADR process
   98.     Parties must attend at ADR process if District Court orders
   99.     Procedure at case appraisal
   100.    Subpoenas

           Division 4--Party unable to pay share of costs

   101.    Party unable to pay share of costs

           Division 5--What to do when ADR process is finished

   102.    Mediated resolution agreement
   103.    Mediator to file certificate
   104.    Case appraiser to file certificate and decision
   105.    Orders giving effect to mediation agreement
   106.    Orders giving effect to case appraiser's decision

           Division 6--Confidentiality, protection and immunity

   107.    ADR convenors to maintain secrecy
   108.    Ordinary protection and immunity allowed
   109.    Admissions made to ADR convenors

           Division 7--Miscellaneous

   110.    Revocation of approval as mediator or case appraiser

           Part 7A--Use of video link facilities

   110A.   Purpose of part
   110B.   Definitions for part
   110C.   Use of video link facilities in proceedings
   110D.   Detainee taken to be before the Court
   110E.   Way video link facilities must be operated
   110F.   Facilities for private communication
   110G.   Variation or revocation of order

           Part 8--Appeals to the District Court

   111.    Definitions for pt 8
   112.    No appeal lies from Magistrates Court to Supreme Court
   113.    Power of District Court on appeal from Magistrates Court
   114.    Other appeals
   116.    Venue of appeals
   117.    Transfer of appeal hearings

           Part 9--Appeals from the District Court to Court of Appeal

   118.    Appeal to the Court of Appeal in certain cases
   119.    Jurisdiction of Court of Appeal
   120.    Parties may agree not to appeal
   121.    Appeal against refusal to approve and revocation of approval as mediator or case appraiser
   122.    Special case

           Part 10--Enforcement of judgments

   123.    Action on judgment
   124.    Judgment to survive death

           Part 11--General provisions

           Division 2--Fees and fines

   128.    Fees and fines to be paid to the consolidated fund

           Division 3--Offences

   129.    Contempt

           Division 4--General

   130.    Executors
   130A.   Annual report
   131.    Regulation-making power

           Part 12--Transitional provisions

   132.    References to District Courts
   133.    References to District Courts Act 1958
   134.    References to District Courts (Venue of Appeals) Act 1988
   135.    Transitional references to chairperson etc.
   137.    Continued use of title of senior judge
   139.    Transitional—establishment of the District Court
   140.    Transitional—change of name to District Court of Queensland
   141.    Transitional provision for Justice and Other Legislation (Miscellaneous Provisions) Act 2002
   142.    Transitional provision for Criminal Code and Other Acts Amendment Act 2008
   143.    Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—notice to witness
   144.    Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—principal registrar
           Endnotes