Queensland Consolidated Acts

MAGISTRATES COURTS ACT 1921

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Definitions
   3.      Registrars

           Part 2--Jurisdiction

   4.      Jurisdiction of Magistrates Courts
   4A.     Consent jurisdiction
   5.      Abandonment of excess etc.
   5A.     Proceeding started in wrong court
   6.      Splitting debt by giving bills etc.
   7.      Title to land etc.
   8.      Infants
   9.      Executors etc.
   10.     Corporations
   11.     Plaint when equitable claim

           Part 3--Magistrates Court

   14.     Magistrates Courts to be courts of record
   15.     In what Magistrates Courts actions to be brought
   16.     Constitution of Magistrates Courts
   17.     Officers of Magistrates Court

           Part 4--Practice and procedure

   18.     Appearance to be in person or by lawyer, or other person allowed by the court
   19.     Laws of evidence
   20.     Evidence

           Part 5--ADR processes

           Division 1--Preliminary

   21.     Objects of part
   21A.    Application of pt 5

           Division 2--Important terms

   22.     ADR process
   23.     Mediation
   24.     Case appraisal

           Division 3--Establishment of ADR processes

   25.     Approval of mediators
   26.     Approval of case appraisers
   27.     ADR register
   28.     Parties may agree to ADR process
   29.     Court may consider and order reference to ADR process
   30.     Parties must attend at ADR process if Magistrates Court orders
   31.     Procedure at case appraisal
   32.     Subpoenas

           Division 4--Party unable to pay share of costs

   33.     Party unable to pay share of costs

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

   34.     Mediated resolution agreement
   35.     Mediator to file certificate
   36.     Case appraiser to file certificate and decision
   37.     Orders giving effect to mediation agreement
   38.     Orders giving effect to case appraiser's decision

           Division 6--Confidentiality, protection and immunity

   39.     ADR convenors to maintain secrecy
   40.     Ordinary protection and immunity allowed
   41.     Admissions made to ADR convenors

           Division 7--Miscellaneous

   42.     Revocation of approval as mediator or case appraiser

           Part 5A--Processes for employment claims

           Division 1--Preliminary

   42A.    Object of pt 5A
   42B.    Application of pt 5A
   42C.    Decision of Magistrates Court about whether claim is an employment claim

           Division 2--Conciliation of disputes
           Subdivision 1--What is conciliation

   42D.    Meaning of conciliation process
   42E.    Functions of conciliator
           Subdivision 2--Starting conciliation process
   42F.    Registrar must appoint conciliator
   42G.    Requirement for conciliator to start conciliation process
           Subdivision 3--Conduct of conciliation process
   42H.    Attendance at and participation in conciliation process
   42I.    Procedure for conciliation process
   42J.    Limited right to representation
   42K.    No fee or costs payable to conciliator by parties
           Subdivision 4--Procedure for finishing conciliation process
   42L.    Conciliator to file certificate
   42M.    Conciliation agreements
   42N.    Orders giving effect to conciliation agreement
           Subdivision 5--Confidentiality, protection and immunity
   42O.    Conciliators to maintain secrecy
   42P.    Ordinary protection and immunity allowed
   42Q.    Admission made in conciliation process
   42R.    No official record of conciliation process
           Subdivision 6--Approval of conciliators
   42S.    Approval of members of industrial commission
   42T.    Approval of other persons by Chief Magistrate
   42U.    Revocation of approval
   42V.    Appeal against refusal to approve as, or revocation of approval of, conciliator
   42W.    Payment of conciliators
   42X.    Conciliation register

           Division 3--Special provisions for proceedings heard in Magistrates Court

   42Z.    Application of div 3
   42ZA.   Representation of parties
   42ZB.   No inference may be drawn from failure to settle
   42ZC.   Limitation on awarding of costs

           Part 6--Judgments, new trials, appeals and related matters

   43.     Judgments to be final
   44.     New trial
   45.     Appeal
   45A.    Limitation on appeal if minor debt claim
   46.     Special case stated
   47.     Jurisdiction of the District Court
   49.     Appeal against refusal to approve and revocation of approval as mediator or case appraiser

           Part 7--Miscellaneous

   50.     Contempt
   51.     Transferred proceeding
   52.     Publication of particulars of minor debt claims
   53.     Action against officers
   54.     Court fees
   55.     Fees and fines to be paid to consolidated fund
   56.     Fines, how to be enforced
   57.     Procedure of court
   57A.    Annual report
   58.     Regulation-making power

           Part 9--Validations, savings and transitional

   59.     References to Small Debts Court
           Endnotes