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DISTRICT COURT OF QUEENSLAND ACT 1967 - As at 20 September 2023 - Act 42 of 1967

- As at 20 September 2023 - Act 42 of 1967

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Suspension of Act’s operation
  • 3 Definitions
  • 4. (Repealed)

PART 2 - COURT, JUDGES, REGISTRY 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 Court seal
  • 9. (Repealed)

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
  • 15. (Repealed) 16. (Repealed)
  • 17 Acting judge
  • 18. (Repealed)
  • 19 Judge empowered to act throughout the State
  • 20 Judge to hold court where directed, and to give notice
  • 21 Adjournment within district
  • 22. (Repealed) 23. (Repealed)
  • 24 Certain causes and matters not affected by determination of commission
  • 25 Application if original 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 - Registry

  • 35 Registry
  • 35A Process returnable in office where issued but effective throughout State
  • 35B Control

Division 5 - Officers

35C. (Repealed) 35D. (Repealed) 35E. (Repealed) 35F. (Repealed)
  • 36 Principal registrar, other registrars and officers
  • 36A Delegation by registrar
  • 36B Directions
  • 36C Supreme Court and Magistrates Court officers
  • 36D Associates
  • 37 Duties of registrar
  • 38. (Repealed)
  • 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
  • 42 Power of bailiffs
  • 43 Functions 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
  • 47 Bailiff’s protection from liability
  • 48. (Repealed) 49. (Repealed)

Division 6 - General provisions about officers

  • 50 Remedies against and penalties on bailiffs and other officers for misconduct
  • 51 Indemnity to persons acting under this Act

Division 7 - Court appearance

  • 52 Court appearance
  • 53. (Repealed) 54. (Repealed) 55. (Repealed) 56. (Repealed) 57. (Repealed) 58. (Repealed) 59. (Repealed)

PART 3 - (Repealed)

PART 4 - CRIMINAL JURISDICTION AND PROCEDURE

Division 1 - Criminal jurisdiction

  • 60 Criminal jurisdiction
  • 61 Criminal jurisdiction if maximum penalty more than 20 years
  • 61A No general criminal jurisdiction over a child
  • 62. (Repealed)

Division 2 - Procedure

  • 63 Change of venue
  • 64 Change of trial from Supreme Court to District Court
  • 65 Jury in criminal trials
  • 66. (Repealed) 67. (Repealed)

PART 5 - CIVIL JURISDICTION

Division 1 - Civil jurisdiction

  • 68 Civil jurisdiction
  • 69 Powers of District Court
  • 69A Preliminary disclosure orders
  • 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 - Commercial and other lists

  • 77 Court may maintain lists
  • 78 No appeal from entry on a list
  • 79 Commercial list proceeding
  • 80. (Repealed) 81. (Repealed) 82. (Repealed) 83. (Repealed) 84. (Repealed) 85. (Repealed) 86. (Repealed) 87. (Repealed)

PART 6 - RECOVERY OF POSSESSION OF LAND

  • 88 Warrant empowers bailiff to enter on land
  • 89. (Repealed) 90. (Repealed) 91. (Repealed) 92. (Repealed) 93. (Repealed) 94. (Repealed) 95. (Repealed) 96. (Repealed) 97. (Repealed) 98. (Repealed) 99. (Repealed) 100. (Repealed) 101. (Repealed) 102. (Repealed) 103. (Repealed) 104. (Repealed) 105. (Repealed) 106. (Repealed) 107. (Repealed) 108. (Repealed) 109. (Repealed) 110. (Repealed)

PART 7 - (Repealed)

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
  • 115. (Repealed) 116. (Repealed)
  • 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
  • 118A Leave of District Court required to appeal from consent order
  • 118B Leave of District Court required to appeal in relation to costs
  • 119 Jurisdiction of Court of Appeal
  • 120 Parties may agree not to appeal
  • 121. (Repealed)
  • 122 Special case

PART 10 - ENFORCEMENT OF JUDGMENTS

  • 123 Action on judgment
  • 124 Judgment to survive death

PART 11 - GENERAL PROVISIONS

Division 1 - Court

  • 125 Practice directions
  • 126 Business of court
  • 127. (Repealed)

Division 2 - Fees and fines

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

Division 3 - Offences

Division 4 - General

  • 130 Executors
  • 130A Annual report
  • 130B Finance
  • 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.
  • 136. (Repealed)
  • 137 (Expired)
  • 138 (Expired)
  • 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
  • 145 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—civil jurisdiction
  • 146 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—criminal jurisdiction
  • 147 Transitional provision for Justice and Other Legislation Amendment Act 2010
  • 148 Transitional provision for Civil Proceedings Act 2011—bailiff’s assistants
  • 149 Outdated references
  • 150 Transitional provision for Justice and Other Legislation Amendment Act 2013
  • 151 Transitional provision for Health and Other Legislation Amendment Act 2016
  • Schedule 1 - (Repealed)

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