DISTRICT COURT OF QUEENSLAND ACT 1967 - As at 20 September 2023 - Act 42 of 1967
- As at 20 September 2023 - Act 42 of 1967Table of Provisions
PART 1 - PRELIMINARY
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 (Repealed)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 (Repealed) 16. (Repealed)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 (Repealed)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 (Repealed) 23. (Repealed)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 (Repealed) 35D. (Repealed) 35E. (Repealed) 35F. (Repealed)- 36 Principal registrar, other registrars and officers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 (Repealed)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
PART 11 - GENERAL PROVISIONS
Division 1 - Court
Division 2 - Fees and fines
- 128 Fees and fines to be paid to the consolidated fund
Division 3 - Offences
- 129 Contempt
Division 4 - General
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)