{"id":"qld:act-1967-042","name":"District Court of Queensland Act 1967","slug":"district-court-of-queensland-act-1967","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"42 of 1967","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105602,"registerId":"qld-act-1967-042-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the District Court of Queensland Act 1967 .\ns 1 amd 1995 No. 23 s 10 sch 1 ; 1997 No. 82 s 31 ; 2001 No. 80 s 94 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Suspension of Act’s operation","content":"### sec.2 Suspension of Act’s operation\n\nA regulation may provide that this Act or a provision of this Act is not in force for a district.\ns 2 prev s 2 amd 1989 No. 40 s 4\nom 1991 No. 68 s 111 sch 2\npres s 2 ins 1995 No. 23 s 10 sch 1","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\naction means a civil proceeding commenced by plaint.\nADR convenor ...\ns 3 def ADR convenor ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\nADR costs ...\ns 3 def ADR costs ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\nADR dispute ...\ns 3 def ADR dispute ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\nADR process ...\ns 3 def ADR process ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\napproval ...\ns 3 def approval ins 1997 No. 38 s 40 (1)\nom 2010 No. 42 s 31 (1)\nAustralian lawyer see the Legal Profession Act 2007 , schedule 2 .\ns 3 def Australian lawyer ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\ncase appraisal ...\ns 3 def case appraisal ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\ncase appraiser ...\ns 3 def case appraiser ins 1995 No. 23 s 11 (3)\nsub 2010 No. 42 s 31\nom 2011 No. 45 s 119 (1)\nChief Justice means the Chief Justice of Queensland or the acting Chief Justice of Queensland.\nCourt or District Court ...\ns 3 def Court or District Court om 2001 No. 80 s 94 sch 2\ncourt means the District Court of Queensland.\ns 3 def court ins 2001 No. 80 s 94 sch 2\ndeputy sheriff means a deputy sheriff appointed under the Supreme Court of Queensland Act 1991 .\ns 3 def deputy sheriff ins 2011 No. 45 s 119 (2)\ndispute ...\ns 3 def dispute ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\ndistrict means a district of the District Court declared under section 7 .\ns 3 def district sub 2002 No. 34 s 10 sch 1\nDistrict Court means the District Court of Queensland.\ns 3 def District Court ins 2001 No. 80 s 94 sch 2\nDistrict Court judge means a judge of the District Court of Queensland.\ns 3 def District Court judge ins 2001 No. 80 s 94 sch 2\nDistrict Court jurisdiction Act ...\ns 3 def District Court jurisdiction Act ins 1995 No. 23 s 11 (3) (amd 1995 No. 58 s 4 sch 1 )\namd 2001 No. 80 s 94 sch 2\nom 2013 No. 8 s 43 sch 1 pt 2\nenforcement warrant means an enforcement warrant under the Civil Proceedings Act 2011 , section 90 .\ns 3 def enforcement warrant ins 2011 No. 45 s 119 (2)\ngoods includes money or bank notes, and cheques, bills of exchange, promissory notes, specialties, or other securities for money.\nincorporated legal practice see the Legal Profession Act 2007 , schedule 2 .\ns 3 def incorporated legal practice ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\njudge means a judge of the District Court of Queensland.\ns 3 def judge ins 2001 No. 80 s 94 sch 2\njudge or District Court judge ...\ns 3 def judge or District Court judge om 2001 No. 80 s 94 sch 2\njudgment includes a judgment, order, or other decision or determination of the court.\ns 3 def judgment amd 2002 No. 34 s 10 sch 1\njudicial registrar ...\ns 3 def judicial registrar ins 1998 No. 20 s 27 sch 2\nom 2011 No. 45 s 119 (1)\nlandlord means the person entitled to the immediate reversion of land, or, if it is held in joint tenancy, coparcenary, or tenancy in common, any 1 of the persons entitled to the reversion.\nlawyer means an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State.\ns 3 def lawyer ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\nMagistrates Court ...\ns 3 def Magistrates Court om 1995 No. 23 s 11 (2) (amd 1995 No. 58 s 4 sch 1 )\nMagistrates Courts district means a district appointed under the Justices Act 1886 for the purpose of Magistrates Courts constituted under that Act.\nmatter means a proceeding in the Court commenced otherwise than by plaint.\nmediation ...\ns 3 def mediation ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\nmediator ...\ns 3 def mediator ins 1995 No. 23 s 11 (3)\namd 1997 No. 38 s 40 (2)\nsub 2010 No. 42 s 31\nom 2011 No. 45 s 119 (1)\nmentally ill person ...\ns 3 def mentally ill person om 2000 No. 16 s 590 sch 1 pt 2\nparty ...\ns 3 def party om 1995 No. 23 s 11 (2)\nins 1995 No. 23 s 11 (3) (amd 1995 No. 58 s 4 sch 1 )\nom 2011 No. 45 s 119 (1)\nprecincts , of the District Court, means any land or building, or the part of any land or building, used for the purposes of the court.\ns 3 def precincts ins 1997 No. 38 s 40 (1)\namd 2001 No. 80 s 94 sch 2\nreferring court ...\ns 3 def referring court ins 1995 No. 23 s 11 (3)\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 119 (1)\nreferring order ...\ns 3 def referring order ins 1995 No. 23 s 11 (3)\nom 2011 No. 45 s 119 (1)\nregistrar includes the principal registrar appointed under section 36 .\ns 3 def registrar sub 1998 No. 20 s 27 sch 2\namd 2008 No. 59 s 36 sch\nsub 2011 No. 45 s 119\nreserve judge means a person appointed as a reserve judge of the District Court under section 18 .\ns 3 def reserve judge ins 2024 No. 47 s 60A\nretired District Court judge means a person who—\nhas been a judge of the District Court; and\nhas not reached 78 years of age.\ns 3 def retired District Court judge ins 2024 No. 47 s 60A\nrules means the Uniform Civil Procedure Rules 1999 .\ns 3 def rules ins 1995 No. 23 s 11 (3)\nsub 1998 No. 20 s 27 sch 2\namd 2007 No. 37 s 49 sch\nrules of court ...\ns 3 def rules of court om 1995 No. 23 s 11 (2) (amd 1995 No. 58 s 4 sch 1 )\nsheriff means the Sheriff of Queensland appointed under the Supreme Court of Queensland Act 1991 .\ns 3 def sheriff ins 2011 No. 45 s 119 (2)\ns 3 amd 1991 No. 68 s 111 sch 2 ; 1995 No. 23 ss 10 sch 1 , 11 (1)\n- (a) has been a judge of the District Court; and\n- (b) has not reached 78 years of age.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 82 s 32\nom 2001 No. 80 s 94 sch 2","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Court, judges, registry and officers","content":"# Court, judges, registry and officers","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Court","content":"## Court","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Members and constitution of Court","content":"### sec.5 Members and constitution of Court\n\nThe members of the District Court are the District Court judges.\nThe District Court is constituted by any one of its members.\ns 5 (prev s 4(2)–(3)) renum 1995 No. 58 s 4 sch 1\namd 1995 No. 58 s 4 sch 1\nsub 1997 No. 82 s 32\n(sec.5-ssec.1) The members of the District Court are the District Court judges.\n(sec.5-ssec.2) The District Court is constituted by any one of its members.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Where the Court may be held","content":"### sec.6 Where the Court may be held\n\nThe District Court may be constituted at any place.\nThe District Court as constituted by any of its members may sit in more than 1 place at the same time.\nA regulation may declare—\nthe places at which the District Court is to be held; or\nthat the District Court is no longer to be held at a place.\nThe District Court held at a place may be referred to as the District Court at the place.\nIf the District Court is held at Toowoomba, the District Court at that place may be referred to as the District Court at Toowoomba.\ns 6 sub 1997 No. 82 s 32\n(sec.6-ssec.1) The District Court may be constituted at any place.\n(sec.6-ssec.2) The District Court as constituted by any of its members may sit in more than 1 place at the same time.\n(sec.6-ssec.3) A regulation may declare— the places at which the District Court is to be held; or that the District Court is no longer to be held at a place.\n(sec.6-ssec.4) The District Court held at a place may be referred to as the District Court at the place. If the District Court is held at Toowoomba, the District Court at that place may be referred to as the District Court at Toowoomba.\n- (a) the places at which the District Court is to be held; or\n- (b) that the District Court is no longer to be held at a place.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Declaration of districts","content":"### sec.7 Declaration of districts\n\nA regulation may declare a district for the District Court at a place.\nThe district has the same name as the place.\nThe name of the district for the District Court at Toowoomba, is the Toowoomba District Court district.\nThe district must consist of—\n1 Magistrates Courts district; or\n1 division of a Magistrates Courts district; or\nif the District Court district would form 1 continuous area—\n2 or more Magistrates Courts districts; or\n2 or more divisions of a Magistrates Courts district; or\n1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district.\nIf the District Court is no longer to be held at a place, a regulation may declare that all proceedings pending in the court at the place must be continued in the court at a specified place.\ns 7 prev s 7 om 1990 No. 88 s 3 sch\npres s 7 (prev s 6(2)) renum 1995 No. 23 s 10 sch 1\nsub 1997 No. 82 s 32\n(sec.7-ssec.1) A regulation may declare a district for the District Court at a place.\n(sec.7-ssec.2) The district has the same name as the place. The name of the district for the District Court at Toowoomba, is the Toowoomba District Court district.\n(sec.7-ssec.3) The district must consist of— 1 Magistrates Courts district; or 1 division of a Magistrates Courts district; or if the District Court district would form 1 continuous area— 2 or more Magistrates Courts districts; or 2 or more divisions of a Magistrates Courts district; or 1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district.\n(sec.7-ssec.4) If the District Court is no longer to be held at a place, a regulation may declare that all proceedings pending in the court at the place must be continued in the court at a specified place.\n- (a) 1 Magistrates Courts district; or\n- (b) 1 division of a Magistrates Courts district; or\n- (c) if the District Court district would form 1 continuous area— (i) 2 or more Magistrates Courts districts; or (ii) 2 or more divisions of a Magistrates Courts district; or (iii) 1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district.\n- (i) 2 or more Magistrates Courts districts; or\n- (ii) 2 or more divisions of a Magistrates Courts district; or\n- (iii) 1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district.\n- (i) 2 or more Magistrates Courts districts; or\n- (ii) 2 or more divisions of a Magistrates Courts district; or\n- (iii) 1 or more Magistrates Courts districts and 1 or more divisions of a Magistrates Courts district.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Court to be a court of record","content":"### sec.8 Court to be a court of record\n\nThe District Court is a court of record and has civil and criminal jurisdiction as provided under this or another Act.\ns 8 sub 1997 No. 82 s 32","sortOrder":10},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Statewide jurisdiction","content":"### sec.8A Statewide jurisdiction\n\nThe District Court has jurisdiction throughout Queensland.\ns 8A ins 1997 No. 82 s 32","sortOrder":11},{"sectionNumber":"sec.8B","sectionType":"section","heading":"Court seal","content":"### sec.8B Court seal\n\nThe court is to have and use a seal with the words ‘District Court of Queensland’.\nThe court may have other seals required for the business and administration of the court.\ns 8B ins 1997 No. 82 s 32\namd 2002 No. 34 s 10 sch 1\nsub 2011 No. 45 s 121\nhdg prec s 9 om 1994 No. 87 s 3 sch 2\n(sec.8B-ssec.1) The court is to have and use a seal with the words ‘District Court of Queensland’.\n(sec.8B-ssec.2) The court may have other seals required for the business and administration of the court.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 amd 1969 No. 16 s 2 ; 1972 No. 7 s 2\nom 2001 No. 80 s 94 sch 2","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Judges","content":"## Judges","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Chief Judge","content":"### sec.10 Chief Judge\n\nThe Governor in Council may, by commission, appoint a judge as Chief Judge of the District Court of Queensland.\nSee the Constitution of Queensland 2001 , section 59 for the oath or affirmation requirement.\nThe Governor in Council may, by gazette notice, appoint a judge to act as Chief Judge during any period, or all periods, when the Chief Judge is absent from duty or the State, or is, for another reason, unable to perform the duties of office.\ns 10 sub 1985 No. 53 s 3 ; 1993 No. 32 s 3 sch 1 ; 1996 No. 32 s 3\namd 2001 No. 80 s 94 sch 2\n(sec.10-ssec.1) The Governor in Council may, by commission, appoint a judge as Chief Judge of the District Court of Queensland. See the Constitution of Queensland 2001 , section 59 for the oath or affirmation requirement.\n(sec.10-ssec.2) The Governor in Council may, by gazette notice, appoint a judge to act as Chief Judge during any period, or all periods, when the Chief Judge is absent from duty or the State, or is, for another reason, unable to perform the duties of office.","sortOrder":15},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Seniority","content":"### sec.10A Seniority\n\nThe Chief Judge is senior to all other judges of the court.\nThe Judge Administrator is senior to all other judges of the court apart from the Chief Judge.\nThe remaining judges have seniority in relation to each other according to the dates of their commissions.\nIf the commissions of 2 or more judges have the same date, the judges have seniority in relation to each other according to the seniority assigned by their commissions, or, in the absence of an assignment, according to the order of their being sworn in.\nIn subsections (3) and (4) , a reference to a judge includes a judge who has ceased to be the Judge Administrator.\ns 10A ins 2001 No. 80 s 94 sch 2\namd 2008 No. 40 s 23\n(sec.10A-ssec.1) The Chief Judge is senior to all other judges of the court.\n(sec.10A-ssec.2) The Judge Administrator is senior to all other judges of the court apart from the Chief Judge.\n(sec.10A-ssec.3) The remaining judges have seniority in relation to each other according to the dates of their commissions.\n(sec.10A-ssec.4) If the commissions of 2 or more judges have the same date, the judges have seniority in relation to each other according to the seniority assigned by their commissions, or, in the absence of an assignment, according to the order of their being sworn in.\n(sec.10A-ssec.5) In subsections (3) and (4) , a reference to a judge includes a judge who has ceased to be the Judge Administrator.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Travelling expenses","content":"### sec.11 Travelling expenses\n\nA judge shall be entitled to receive the same allowances by way of travelling expenses as are payable to a judge of the Supreme Court.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Leave of absence","content":"### sec.12 Leave of absence\n\nThe Governor in Council may grant leave of absence to a judge.\nThis section does not apply if the Judges (Pensions and Long Leave) Act 1957 applies to the leave.\ns 12 ins 1993 No. 68 s 3\namd 2008 No. 59 s 37\n(sec.12-ssec.1) The Governor in Council may grant leave of absence to a judge.\n(sec.12-ssec.2) This section does not apply if the Judges (Pensions and Long Leave) Act 1957 applies to the leave.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Judge not to practise as lawyer, etc.","content":"### sec.13 Judge not to practise as lawyer, etc.\n\nA judge must not—\npractise as a lawyer or notary; or\ndirectly or indirectly be concerned or interested in the practice of a person mentioned in paragraph (a) or an incorporated legal practice.\ns 13 amd 2001 No. 81 s 133\nsub 2004 No. 11 s 596 sch 1\n- (a) practise as a lawyer or notary; or\n- (b) directly or indirectly be concerned or interested in the practice of a person mentioned in paragraph (a) or an incorporated legal practice.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Retirement of judges","content":"### sec.14 Retirement of judges\n\nA judge must retire on reaching 70 years of age.\nDespite subsection (1) —\na judge who, before retiring, whether or not because of subsection (1) , starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and\na retired District Court judge appointed to act as a judge under section 17 (3) remains a judge until the judge’s appointment ends.\ns 14 ins 1991 No. 68 s 111 sch 2\namd 2001 No. 80 s 94 sch 2 ; 2002 No. 34 s 11 ; 2013 No. 35 s 61\n(sec.14-ssec.1) A judge must retire on reaching 70 years of age.\n(sec.14-ssec.2) Despite subsection (1) — a judge who, before retiring, whether or not because of subsection (1) , starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and a retired District Court judge appointed to act as a judge under section 17 (3) remains a judge until the judge’s appointment ends.\n- (a) a judge who, before retiring, whether or not because of subsection (1) , starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding; and\n- (b) a retired District Court judge appointed to act as a judge under section 17 (3) remains a judge until the judge’s appointment ends.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 prev s 15 om 1991 No. 68 s 111 sch 2\npres s 15 sub 1996 No. 32 s 4\nom 2001 No. 80 s 94 sch 2","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 amd 1991 No. 68 s 111 sch 2\nom 1997 No. 82 s 33","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Acting judge","content":"### sec.17 Acting judge\n\nThe Governor in Council may, by commission, appoint a person, other than a retired District Court judge, qualified to be appointed a District Court judge to be an acting judge—\nduring the absence on leave, granted by the Governor in Council, of a judge; or\nif a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or\nif for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment.\nThe Governor in Council may, by commission, appoint any of the following persons to act as a judge for up to 1 year—\na person who is, or has been, a judge of a supreme court, district court or county court of another State;\na person who is, or has been, a judge of the Federal Court of Australia.\nThe Governor in Council may by commission appoint a retired District Court judge to act as a judge—\nfor a period of not more than 2 years; and\non a full-time or sessional basis.\nThe Minister may recommend a retired District Court judge for appointment under subsection (3) only after consultation with the Chief Judge.\nAn appointment under subsection (3) must not extend beyond the day the retired District Court judge reaches 78 years of age.\nA person appointed to act as a judge under this section—\nmay be appointed more than once; and\nhas, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.\nDespite subsection (5) , a retired District Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding.\ns 17 amd 1972 No. 7 s 3 ; 1996 No. 32 s 5 ; 2008 No. 59 s 38 ; 2013 No. 35 s 62 ; 2024 No. 47 s 60B\n(sec.17-ssec.1) The Governor in Council may, by commission, appoint a person, other than a retired District Court judge, qualified to be appointed a District Court judge to be an acting judge— during the absence on leave, granted by the Governor in Council, of a judge; or if a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or if for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment.\n(sec.17-ssec.2) The Governor in Council may, by commission, appoint any of the following persons to act as a judge for up to 1 year— a person who is, or has been, a judge of a supreme court, district court or county court of another State; a person who is, or has been, a judge of the Federal Court of Australia.\n(sec.17-ssec.3) The Governor in Council may by commission appoint a retired District Court judge to act as a judge— for a period of not more than 2 years; and on a full-time or sessional basis.\n(sec.17-ssec.4) The Minister may recommend a retired District Court judge for appointment under subsection (3) only after consultation with the Chief Judge.\n(sec.17-ssec.5) An appointment under subsection (3) must not extend beyond the day the retired District Court judge reaches 78 years of age.\n(sec.17-ssec.6) A person appointed to act as a judge under this section— may be appointed more than once; and has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.\n(sec.17-ssec.7) Despite subsection (5) , a retired District Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding.\n- (a) during the absence on leave, granted by the Governor in Council, of a judge; or\n- (b) if a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or\n- (c) if for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment.\n- (a) a person who is, or has been, a judge of a supreme court, district court or county court of another State;\n- (b) a person who is, or has been, a judge of the Federal Court of Australia.\n- (a) for a period of not more than 2 years; and\n- (b) on a full-time or sessional basis.\n- (a) may be appointed more than once; and\n- (b) has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Reserve judges","content":"### sec.18 Reserve judges\n\nThe Governor in Council may, by commission, appoint as many reserve judges as are necessary for conducting the business of the court.\nFor the remuneration of a reserve judge engaged under section 18A , see the Judicial Remuneration Act 2007 , section 9A .\nA person is eligible for appointment as a reserve judge only if—\nthe person is a retired Supreme Court judge or retired District Court judge; or\nthe person has not reached 70 years of age and has been—\na judge of a supreme court, district court or county court of another State; or\na judge of the Federal Court of Australia.\nA reserve judge’s appointment ends on the earlier of—\nthe day, not more than 5 years after the appointment is made, stated in the person’s commission; or\nthe day the reserve judge reaches the age of—\nif the person is a retired District Court judge—78 years; or\notherwise—70 years.\nHowever, despite subsection (3) , a reserve judge engaged under section 18A who, before the judge’s commission ends, starts the hearing of a proceeding, remains a reserve judge for the purposes of finishing the proceeding.\nA person may be re-appointed as a reserve judge.\nIn this section—\nretired Supreme Court judge see the Supreme Court of Queensland Act 1991 , schedule 5 .\ns 18 prev s 18 amd 1995 No. 58 s 4 sch 1\nom 2002 No. 34 s 10 sch 1\npres s 18 ins 2024 No. 47 s 60C\n(sec.18-ssec.1) The Governor in Council may, by commission, appoint as many reserve judges as are necessary for conducting the business of the court. For the remuneration of a reserve judge engaged under section 18A , see the Judicial Remuneration Act 2007 , section 9A .\n(sec.18-ssec.2) A person is eligible for appointment as a reserve judge only if— the person is a retired Supreme Court judge or retired District Court judge; or the person has not reached 70 years of age and has been— a judge of a supreme court, district court or county court of another State; or a judge of the Federal Court of Australia.\n(sec.18-ssec.3) A reserve judge’s appointment ends on the earlier of— the day, not more than 5 years after the appointment is made, stated in the person’s commission; or the day the reserve judge reaches the age of— if the person is a retired District Court judge—78 years; or otherwise—70 years.\n(sec.18-ssec.4) However, despite subsection (3) , a reserve judge engaged under section 18A who, before the judge’s commission ends, starts the hearing of a proceeding, remains a reserve judge for the purposes of finishing the proceeding.\n(sec.18-ssec.5) A person may be re-appointed as a reserve judge.\n(sec.18-ssec.6) In this section— retired Supreme Court judge see the Supreme Court of Queensland Act 1991 , schedule 5 .\n- (a) the person is a retired Supreme Court judge or retired District Court judge; or\n- (b) the person has not reached 70 years of age and has been— (i) a judge of a supreme court, district court or county court of another State; or (ii) a judge of the Federal Court of Australia.\n- (i) a judge of a supreme court, district court or county court of another State; or\n- (ii) a judge of the Federal Court of Australia.\n- (i) a judge of a supreme court, district court or county court of another State; or\n- (ii) a judge of the Federal Court of Australia.\n- (a) the day, not more than 5 years after the appointment is made, stated in the person’s commission; or\n- (b) the day the reserve judge reaches the age of— (i) if the person is a retired District Court judge—78 years; or (ii) otherwise—70 years.\n- (i) if the person is a retired District Court judge—78 years; or\n- (ii) otherwise—70 years.\n- (i) if the person is a retired District Court judge—78 years; or\n- (ii) otherwise—70 years.","sortOrder":24},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Engagement of reserve judges","content":"### sec.18A Engagement of reserve judges\n\nThe Chief Judge may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge on a full-time or sessional basis.\nEach engagement under subsection (1) must not exceed 6 consecutive months.\nA reserve judge engaged under this section—\nmay be engaged more than once; and\nhas, subject to the conditions stated in the judge’s commission, the same powers, authority, immunities and protections as a judge.\nA period of engagement of a reserve judge under this section is not to be counted as service for the purposes of the Judges (Pensions and Long Leave) Act 1957 .\ns 18A ins 2024 No. 47 s 60C\n(sec.18A-ssec.1) The Chief Judge may, from time to time, by notice in writing, engage a reserve judge to undertake the duties of a judge on a full-time or sessional basis.\n(sec.18A-ssec.2) Each engagement under subsection (1) must not exceed 6 consecutive months.\n(sec.18A-ssec.3) A reserve judge engaged under this section— may be engaged more than once; and has, subject to the conditions stated in the judge’s commission, the same powers, authority, immunities and protections as a judge.\n(sec.18A-ssec.4) A period of engagement of a reserve judge under this section is not to be counted as service for the purposes of the Judges (Pensions and Long Leave) Act 1957 .\n- (a) may be engaged more than once; and\n- (b) has, subject to the conditions stated in the judge’s commission, the same powers, authority, immunities and protections as a judge.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Judge empowered to act throughout the State","content":"### sec.19 Judge empowered to act throughout the State\n\nEvery judge appointed shall be appointed for the whole of the State and shall, under the judge’s commission, be empowered to act in any district.\ns 19 amd 2002 No. 34 s 10 sch 1","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Judge to hold court where directed, and to give notice","content":"### sec.20 Judge to hold court where directed, and to give notice\n\nThe court may be constituted at any place.\nNotice of the days on which the court is appointed to be held shall be put up in a conspicuous place in the court house and in the office of the registrar, and shall be otherwise published as a judge directs.\nWhen, by reason of the absence of a judge, the court can not be held at the time appointed, the registrar, or, in the event of the registrar’s absence, the bailiff, shall adjourn the court to such day as the registrar or the bailiff deems convenient, and shall enter in the minute-book the cause of the adjournment.\ns 20 amd 1995 No. 23 s 10 sch 1 ; 1998 No. 20 s 27 sch 2 ; 2002 No. 34 s 10 sch 1 ; 2007 No. 37 s 49 sch\n(sec.20-ssec.1) The court may be constituted at any place.\n(sec.20-ssec.2) Notice of the days on which the court is appointed to be held shall be put up in a conspicuous place in the court house and in the office of the registrar, and shall be otherwise published as a judge directs.\n(sec.20-ssec.3) When, by reason of the absence of a judge, the court can not be held at the time appointed, the registrar, or, in the event of the registrar’s absence, the bailiff, shall adjourn the court to such day as the registrar or the bailiff deems convenient, and shall enter in the minute-book the cause of the adjournment.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Adjournment within district","content":"### sec.21 Adjournment within district\n\nDespite section 20 and any other provision of this Act, when any action, matter or proceeding is pending or is being heard in the District Court in its civil or criminal jurisdiction at any place, the judge to whom the court is assigned may order that the hearing be adjourned from that place to some other place within the same district, if the judge determines that on the balance of convenience the adjournment should be ordered.\ns 21 ins 1991 No. 42 s 3 sch\namd 2000 No. 46 s 3 sch ; 2002 No. 34 s 10 sch 1","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 om 1998 No. 20 s 27 sch 2","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 om 1998 No. 20 s 27 sch 2","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Certain causes and matters not affected by determination of commission","content":"### sec.24 Certain causes and matters not affected by determination of commission\n\nIf at the determination by effluxion of time or other cause of any commission under this Act there shall be any actions or matters, civil or criminal, including any appeal, partly heard or standing for judgment by or before the holder of such commission, the commission shall only for the purpose of deciding such actions or matters (including the completion of the hearing thereof where necessary) and so far as is necessary for that purpose, remain in force until judgment shall have been delivered therein unless the holder of that commission shall be sooner removed.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application if original judge unable to continue","content":"### sec.25 Application if original judge unable to continue\n\nThis section applies if—\na judge (the original judge ) starts the hearing of a civil or criminal proceeding (including an appeal); and\nbefore the proceeding has been determined, the original judge dies or resigns as a judge, or is certified as incapable of sitting.\nFor subsection (1) , a judge is certified as incapable of sitting if the Chief Judge or the Judge Administrator has issued a certificate (an incapacity certificate ) stating the judge is incapable of sitting, whether temporarily or otherwise.\nA party to the proceeding may apply to the court for directions as to the determination of the proceeding.\nOn its own initiative or on an application under this section, the court may—\nif there is an incapacity certificate stating the original judge is temporarily incapable of sitting—\nadjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or\norder that the proceeding be heard and determined afresh; or\nin any other case—\norder that the proceeding be heard and determined afresh; or\nmake any other order it considers appropriate.\nIf the court orders that a proceeding be heard and determined afresh, the court may make an order it considers appropriate to facilitate the hearing and determination.\nWithout limiting the orders that may be made under subsection (5) , the court may make an order that any order, ruling or finding made by the original judge be set aside.\nThe court hearing and determining a proceeding afresh because of an order under this section may make the order it considers appropriate about the costs of the first hearing.\ns 25 sub 2011 No. 45 s 122\n(sec.25-ssec.1) This section applies if— a judge (the original judge ) starts the hearing of a civil or criminal proceeding (including an appeal); and before the proceeding has been determined, the original judge dies or resigns as a judge, or is certified as incapable of sitting.\n(sec.25-ssec.2) For subsection (1) , a judge is certified as incapable of sitting if the Chief Judge or the Judge Administrator has issued a certificate (an incapacity certificate ) stating the judge is incapable of sitting, whether temporarily or otherwise.\n(sec.25-ssec.3) A party to the proceeding may apply to the court for directions as to the determination of the proceeding.\n(sec.25-ssec.4) On its own initiative or on an application under this section, the court may— if there is an incapacity certificate stating the original judge is temporarily incapable of sitting— adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or order that the proceeding be heard and determined afresh; or in any other case— order that the proceeding be heard and determined afresh; or make any other order it considers appropriate.\n(sec.25-ssec.5) If the court orders that a proceeding be heard and determined afresh, the court may make an order it considers appropriate to facilitate the hearing and determination.\n(sec.25-ssec.6) Without limiting the orders that may be made under subsection (5) , the court may make an order that any order, ruling or finding made by the original judge be set aside.\n(sec.25-ssec.7) The court hearing and determining a proceeding afresh because of an order under this section may make the order it considers appropriate about the costs of the first hearing.\n- (a) a judge (the original judge ) starts the hearing of a civil or criminal proceeding (including an appeal); and\n- (b) before the proceeding has been determined, the original judge dies or resigns as a judge, or is certified as incapable of sitting.\n- (a) if there is an incapacity certificate stating the original judge is temporarily incapable of sitting— (i) adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or (ii) order that the proceeding be heard and determined afresh; or\n- (i) adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or\n- (ii) order that the proceeding be heard and determined afresh; or\n- (b) in any other case— (i) order that the proceeding be heard and determined afresh; or (ii) make any other order it considers appropriate.\n- (i) order that the proceeding be heard and determined afresh; or\n- (ii) make any other order it considers appropriate.\n- (i) adjourn the proceeding to enable the original judge to complete the hearing and determination of the proceeding; or\n- (ii) order that the proceeding be heard and determined afresh; or\n- (i) order that the proceeding be heard and determined afresh; or\n- (ii) make any other order it considers appropriate.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Proof of incapacity of judge","content":"### sec.26 Proof of incapacity of judge\n\nWhen proof of the incapacity of a judge is necessary for a purpose of the last preceding section, the certificate of the Chief Justice that such judge is incapable as specified in the certificate shall be prima facie evidence of that fact.\ns 26 prev s 26 om 1993 No. 76 s 3 sch 1","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Judge may perform the duties of another judge","content":"### sec.27 Judge may perform the duties of another judge\n\nIn the case of absence or disability of a judge, or on an emergency, another judge may, at the request in writing of the firstmentioned judge or of the Chief Justice, act for the first mentioned judge, and may exercise all the powers and perform all the duties which that judge might have exercised or performed.\nIf a District Court judge is not available in the place where a matter is to be heard urgently, a Supreme Court judge may hear the matter and may exercise all the powers and perform all the duties that a District Court judge might have exercised or performed.\ns 27 amd 2002 No. 34 s 10 sch 1 ; 2003 No. 77 s 68\n(sec.27-ssec.1) In the case of absence or disability of a judge, or on an emergency, another judge may, at the request in writing of the firstmentioned judge or of the Chief Justice, act for the first mentioned judge, and may exercise all the powers and perform all the duties which that judge might have exercised or performed.\n(sec.27-ssec.2) If a District Court judge is not available in the place where a matter is to be heard urgently, a Supreme Court judge may hear the matter and may exercise all the powers and perform all the duties that a District Court judge might have exercised or performed.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Removal of action only in manner provided by this Act","content":"### sec.28 Removal of action only in manner provided by this Act\n\nA judgment given by a judge, or an action or matter brought before the judge or depending in the judge’s court, shall not be removed by appeal, motion, writ of error or certiorari, or otherwise into another court, save and except in the manner and according to the provisions of this Act.","sortOrder":35},{"sectionNumber":"sec.28AA","sectionType":"section","heading":"Protection and immunity of judges","content":"### sec.28AA Protection and immunity of judges\n\nA judge has, in the performance or exercise of a function or power of a judge, the same protection and immunity as a Supreme Court judge has in the performance or exercise of a function or power of a Supreme Court judge.\nIn this section—\nfunction or power includes an administrative function or power conferred under an Act.\nFor the protection and immunity of a Supreme Court judge in the performance or exercise of an administrative function or power conferred on the Supreme Court judge under an Act, see the Supreme Court of Queensland Act 1991 , section 27 .\ns 28AA ins 1999 No. 66 s 18\nsub 2024 No. 47 s 61\n(sec.28AA-ssec.1) A judge has, in the performance or exercise of a function or power of a judge, the same protection and immunity as a Supreme Court judge has in the performance or exercise of a function or power of a Supreme Court judge.\n(sec.28AA-ssec.2) In this section— function or power includes an administrative function or power conferred under an Act. For the protection and immunity of a Supreme Court judge in the performance or exercise of an administrative function or power conferred on the Supreme Court judge under an Act, see the Supreme Court of Queensland Act 1991 , section 27 .","sortOrder":36},{"sectionNumber":"pt.2-div.2A","sectionType":"division","heading":"Powers and responsibilities of Chief Judge","content":"## Powers and responsibilities of Chief Judge","sortOrder":37},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Arrangement of business","content":"### sec.28A Arrangement of business\n\nThe Chief Judge is responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court.\nSubject to any Act, the Chief Judge has power to do all things necessary or convenient to be done for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court.\ns 28A ins 1997 No. 38 s 41\namd 2002 No. 34 s 10 sch 1\n(sec.28A-ssec.1) The Chief Judge is responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court.\n(sec.28A-ssec.2) Subject to any Act, the Chief Judge has power to do all things necessary or convenient to be done for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court.","sortOrder":38},{"sectionNumber":"pt.2-div.2AA","sectionType":"division","heading":"Judge Administrator","content":"## Judge Administrator","sortOrder":39},{"sectionNumber":"sec.28B","sectionType":"section","heading":"Appointment of Judge Administrator","content":"### sec.28B Appointment of Judge Administrator\n\nThe Governor in Council may, by commission, appoint a judge to be Judge Administrator.\nSee the Constitution of Queensland 2001 , section 59 for the oath or affirmation requirement.\nThe appointment of a Judge Administrator may be for a term, of not less than 5 years, stated in the commission.\nA judge may be appointed Judge Administrator either at the time of the person’s appointment as a judge or at any time afterwards.\nThe Judge Administrator may be reappointed.\ns 28B ins 2008 No. 40 s 24\n(sec.28B-ssec.1) The Governor in Council may, by commission, appoint a judge to be Judge Administrator. See the Constitution of Queensland 2001 , section 59 for the oath or affirmation requirement.\n(sec.28B-ssec.2) The appointment of a Judge Administrator may be for a term, of not less than 5 years, stated in the commission.\n(sec.28B-ssec.3) A judge may be appointed Judge Administrator either at the time of the person’s appointment as a judge or at any time afterwards.\n(sec.28B-ssec.4) The Judge Administrator may be reappointed.","sortOrder":40},{"sectionNumber":"sec.28C","sectionType":"section","heading":"Acting Judge Administrator","content":"### sec.28C Acting Judge Administrator\n\nThe Governor in Council may, by gazette notice, appoint a judge to act as Judge Administrator during any period, or all periods, when the Judge Administrator is absent from duty or the State, or is, for another reason, unable to perform the duties of office.\ns 28C ins 2008 No. 40 s 24","sortOrder":41},{"sectionNumber":"sec.28D","sectionType":"section","heading":"Judge Administrator continues to be judge","content":"### sec.28D Judge Administrator continues to be judge\n\nThe Judge Administrator continues to be a judge, and may sit as, and exercise any of the powers of, a judge.\ns 28D ins 2008 No. 40 s 24","sortOrder":42},{"sectionNumber":"sec.28E","sectionType":"section","heading":"Judge Administrator continues in office while judge","content":"### sec.28E Judge Administrator continues in office while judge\n\nSubject to subsection (2) , the Judge Administrator holds office as Judge Administrator while the person holds office as a judge.\nA person who is the Judge Administrator vacates the office—\nif the person is appointed as Chief Magistrate, Chief Judge, or a judge of the Supreme Court; or\nif the person was appointed as Judge Administrator for a stated term—when the term ends.\nThe Judge Administrator may resign office as Judge Administrator without resigning office as a judge.\ns 28E ins 2008 No. 40 s 24\n(sec.28E-ssec.1) Subject to subsection (2) , the Judge Administrator holds office as Judge Administrator while the person holds office as a judge.\n(sec.28E-ssec.2) A person who is the Judge Administrator vacates the office— if the person is appointed as Chief Magistrate, Chief Judge, or a judge of the Supreme Court; or if the person was appointed as Judge Administrator for a stated term—when the term ends.\n(sec.28E-ssec.3) The Judge Administrator may resign office as Judge Administrator without resigning office as a judge.\n- (a) if the person is appointed as Chief Magistrate, Chief Judge, or a judge of the Supreme Court; or\n- (b) if the person was appointed as Judge Administrator for a stated term—when the term ends.","sortOrder":43},{"sectionNumber":"sec.28F","sectionType":"section","heading":"Functions of Judge Administrator","content":"### sec.28F Functions of Judge Administrator\n\nSubject to section 28A , the Judge Administrator is responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court.\nThe Judge Administrator must consult with the Chief Judge in carrying out the Judge Administrator’s functions under subsection (1) .\nSubject to this Act and other Acts, the Judge Administrator has power to do all things necessary or convenient to be done for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court including, for example, listing matters for hearing.\ns 28F ins 2008 No. 40 s 24\n(sec.28F-ssec.1) Subject to section 28A , the Judge Administrator is responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court.\n(sec.28F-ssec.2) The Judge Administrator must consult with the Chief Judge in carrying out the Judge Administrator’s functions under subsection (1) .\n(sec.28F-ssec.3) Subject to this Act and other Acts, the Judge Administrator has power to do all things necessary or convenient to be done for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court including, for example, listing matters for hearing.","sortOrder":44},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Prerogative writs","content":"## Prerogative writs","sortOrder":45},{"sectionNumber":"sec.29","sectionType":"section","heading":"When action may be removed","content":"### sec.29 When action may be removed\n\nWhen any action, matter or proceeding is pending in the District Court in its civil or criminal jurisdiction or when any accused person has been committed for trial to the District Court, the Supreme Court shall, upon application by the Crown, in a criminal matter or proceeding or in any action or civil proceeding in which the Crown is a party and may, if it thinks it desirable, upon the application of any interested person, direct a writ of certiorari to be issued for removing such action, matter or proceeding into the Supreme Court or recommit the accused person for trial to the Supreme Court.\nSee the Judicial Review Act 1991 , section 41 .\nThe Supreme Court may impose such terms as to payment of costs as it thinks fit and it may make such orders as to remand custody and bail or otherwise as it thinks fit.\ns 29 amd 1980 No. 35 s 4 (1) sch 1 ; 1996 No. 79 s 31 ; 2002 No. 34 s 10 sch 1 ; 2008 No. 59 s 39\nhdg prec s 30 om 1994 No. 87 s 3 sch 2\n(sec.29-ssec.1) When any action, matter or proceeding is pending in the District Court in its civil or criminal jurisdiction or when any accused person has been committed for trial to the District Court, the Supreme Court shall, upon application by the Crown, in a criminal matter or proceeding or in any action or civil proceeding in which the Crown is a party and may, if it thinks it desirable, upon the application of any interested person, direct a writ of certiorari to be issued for removing such action, matter or proceeding into the Supreme Court or recommit the accused person for trial to the Supreme Court. See the Judicial Review Act 1991 , section 41 .\n(sec.29-ssec.2) The Supreme Court may impose such terms as to payment of costs as it thinks fit and it may make such orders as to remand custody and bail or otherwise as it thinks fit.","sortOrder":46},{"sectionNumber":"sec.30","sectionType":"section","heading":"Rule or order substituted for writ of mandamus to a judge or officer","content":"### sec.30 Rule or order substituted for writ of mandamus to a judge or officer\n\nA writ of mandamus shall not be issued to a judge or an officer of the District Court requiring the judge or officer to do any act relating to the duties of his or her office, but a party requiring the act to be done may apply to the Supreme Court, upon an affidavit of the facts, for a rule or summons calling upon the judge or officer of the District Court, and also the party to be affected by the act, to show cause why the act should not be done, and if after the service of the rule or summons good cause is not shown, the Supreme Court may, by rule or order, direct the act to be done, and the judge or officer of the District Court shall, upon being served with the rule or order, obey it under pain of attachment, and in any event the court may make such order with respect to costs as to the court seems fit.\ns 30 amd 2002 No. 34 s 10 sch 1\nhdg prec s 31 om 1994 No. 87 s 3 sch 2","sortOrder":47},{"sectionNumber":"sec.31","sectionType":"section","heading":"Judge not to be served with notice of application for prohibition","content":"### sec.31 Judge not to be served with notice of application for prohibition\n\nWhen an application is made to the Supreme Court for a writ of prohibition addressed to the District Court, the judge of the District Court shall not be served with notice, and shall not, except by the order of a judge of the Supreme Court, be required to appear or be heard on the application, and shall not be liable to any order for the payment of the costs thereof, but the application shall be proceeded with and heard in the same manner in all respects as a case of an appeal duly brought from a judgment of a judge.\nNotice of the application shall be given to or served upon the same parties as in the case of an order made or refused by a judge in a matter within the judge’s jurisdiction.\ns 31 amd 2002 No. 34 s 10 sch 1\nhdg prec s 32 om 1994 No. 87 s 3 sch 2\n(sec.31-ssec.1) When an application is made to the Supreme Court for a writ of prohibition addressed to the District Court, the judge of the District Court shall not be served with notice, and shall not, except by the order of a judge of the Supreme Court, be required to appear or be heard on the application, and shall not be liable to any order for the payment of the costs thereof, but the application shall be proceeded with and heard in the same manner in all respects as a case of an appeal duly brought from a judgment of a judge.\n(sec.31-ssec.2) Notice of the application shall be given to or served upon the same parties as in the case of an order made or refused by a judge in a matter within the judge’s jurisdiction.","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Rule or summons to show cause why a writ of certiorari or prohibition should not be issued to be a stay of proceedings","content":"### sec.32 Rule or summons to show cause why a writ of certiorari or prohibition should not be issued to be a stay of proceedings\n\nThe granting by the Supreme Court of a rule or summons to show cause why a writ of certiorari or of prohibition should not be issued to the District Court, shall, if the Supreme Court so directs, operate as a stay of proceedings in the action to which the same relates until the determination of the rule or summons, or until such court otherwise orders, and the judge of the District Court shall, from time to time, adjourn the hearing of the action to such day as the judge thinks fit, until the determination or until such order is made.\ns 32 amd 2002 No. 34 s 10 sch 1","sortOrder":49},{"sectionNumber":"sec.33","sectionType":"section","heading":"Notice of rule or summons to be given to registrar and parties","content":"### sec.33 Notice of rule or summons to be given to registrar and parties\n\nIf a copy of the rule or summons is not served by the party who obtained it on the opposite party, and on the registrar of the District Court, at least 2 clear days before the day fixed for the hearing of the action, the judge of the District Court may order the party who obtained the rule or summons to pay the costs of the day, or so much thereof as the judge thinks fit, unless the Supreme Court has made a different order respecting such costs.\ns 33 pres s 33 (prev s 32(2)) renum 1995 No. 58 s 4 sch 1\namd 2002 No. 34 s 10 sch 1","sortOrder":50},{"sectionNumber":"sec.34","sectionType":"section","heading":"Notice of writ of certiorari or prohibition obtained ex parte to be given to registrar and parties","content":"### sec.34 Notice of writ of certiorari or prohibition obtained ex parte to be given to registrar and parties\n\nWhen a writ of certiorari or of prohibition addressed to the District Court is granted by the Supreme Court on an ex parte application, and the party who obtained it does not lodge it with the registrar, and give notice to the opposite party that it has been issued, at least 2 clear days before the day fixed for hearing the action to which it relates, the judge of the District Court may order the party who obtained the writ to pay all the costs of the day, or so much thereof as the judge thinks fit, unless the Supreme Court has made a different order respecting such costs.\ns 34 amd 2002 No. 34 s 10 sch 1","sortOrder":51},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Registry","content":"## Registry","sortOrder":52},{"sectionNumber":"sec.35","sectionType":"section","heading":"Registry","content":"### sec.35 Registry\n\nThere is to be a District Court Registry.\nThe District Court Registry is to have an office at each place at which the District Court is to be held.\ns 35 amd 2002 No. 34 s 10 sch 1\nsub 2011 No. 45 s 123\n(sec.35-ssec.1) There is to be a District Court Registry.\n(sec.35-ssec.2) The District Court Registry is to have an office at each place at which the District Court is to be held.","sortOrder":53},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Process returnable in office where issued but effective throughout State","content":"### sec.35A Process returnable in office where issued but effective throughout State\n\nA process issued out of any office of the District Court Registry is returnable in that office.\nHowever, each process has effect, and may be enforced, at any place within the State.\ns 35A prev s 35A ins 1998 No. 20 s 27 sch 2\namd 2004 No. 11 s 596 sch 1\nom 2011 No. 45 s 124\npres s 35A ins 2011 No. 45 s 123\n(sec.35A-ssec.1) A process issued out of any office of the District Court Registry is returnable in that office.\n(sec.35A-ssec.2) However, each process has effect, and may be enforced, at any place within the State.","sortOrder":54},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Control","content":"### sec.35B Control\n\nThe District Court Registry is under the control of the principal registrar.\ns 35B prev s 35B ins 1998 No. 20 s 27 sch 2\nom 2011 No. 45 s 124\npres s 35B ins 2011 No. 45 s 123","sortOrder":55},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Officers","content":"## Officers","sortOrder":56},{"sectionNumber":"sec.35C","sectionType":"section","heading":null,"content":"### Section sec.35C\n\ns 35C ins 1998 No. 20 s 27 sch 2\nom 2011 No. 45 s 124","sortOrder":57},{"sectionNumber":"sec.35D","sectionType":"section","heading":null,"content":"### Section sec.35D\n\ns 35D ins 1998 No. 20 s 27 sch 2\namd 2008 No. 59 s 36 sch\nom 2011 No. 45 s 124","sortOrder":58},{"sectionNumber":"sec.35E","sectionType":"section","heading":null,"content":"### Section sec.35E\n\ns 35E ins 1998 No. 20 s 27 sch 2\nom 2011 No. 45 s 124","sortOrder":59},{"sectionNumber":"sec.35F","sectionType":"section","heading":null,"content":"### Section sec.35F\n\ns 35F ins 1998 No. 20 s 27 sch 2\nom 2011 No. 45 s 124\nhdg prec s 36 om 1994 No. 87 s 3 sch 2","sortOrder":60},{"sectionNumber":"sec.36","sectionType":"section","heading":"Principal registrar, other registrars and officers","content":"### sec.36 Principal registrar, other registrars and officers\n\nThe Governor in Council may appoint a principal registrar.\nThe chief executive may appoint registrars (other than the principal registrar) and other officers the chief executive considers appropriate.\nA person appointed under this section is employed under the Public Sector Act 2022 .\ns 36 sub 2002 No. 34 s 12\namd 2008 No. 59 ss 40 , 36 sch\nsub 2010 No. 42 s 32 ; 2011 No. 45 s 126\namd 2022 No. 34 s 365 sch 3\n(sec.36-ssec.1) The Governor in Council may appoint a principal registrar.\n(sec.36-ssec.2) The chief executive may appoint registrars (other than the principal registrar) and other officers the chief executive considers appropriate.\n(sec.36-ssec.3) A person appointed under this section is employed under the Public Sector Act 2022 .","sortOrder":61},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Delegation by registrar","content":"### sec.36A Delegation by registrar\n\nA registrar may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in the District Court Registry.\nIn this section—\nappropriately qualified , for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.\na person’s classification level in the public service\nfunctions includes powers.\ns 36A ins 2008 No. 59 s 41\nsub 2011 No. 45 s 126\n(sec.36A-ssec.1) A registrar may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in the District Court Registry.\n(sec.36A-ssec.2) In this section— appropriately qualified , for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function. a person’s classification level in the public service functions includes powers.","sortOrder":62},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Directions","content":"### sec.36B Directions\n\nThe principal registrar may give directions to the registrars and other officers employed in any office of the District Court Registry.\ns 36B ins 2011 No. 45 s 126","sortOrder":63},{"sectionNumber":"sec.36C","sectionType":"section","heading":"Supreme Court and Magistrates Court officers","content":"### sec.36C Supreme Court and Magistrates Court officers\n\nThis section applies if the District Court is to sit at a place where an office of the District Court Registry does not exist.\nIf a regional office or a district office of the Supreme Court Registry exists at the place, that office is taken to be an office of the District Court Registry at the place and the registrar, bailiff and other officers of the Supreme Court at the place are taken to be the corresponding officers of the District Court at the place.\nThe registrar of the Supreme Court at the place is taken to be the registrar of the District Court at the place.\nIf subsection (2) does not apply and a Magistrates Court Registry exists at the place, that registry is taken to be an office of the District Court Registry at the place and the registrar, bailiff and other officers of the Magistrates Court at the place are taken to be the corresponding officers of the District Court at the place.\nA bailiff of the Magistrates Court at the place is taken to be a bailiff of the District Court at the place.\nWithout limiting subsections (2) and (3) , an officer taken to be a corresponding officer of the District Court at a place has the functions, powers and jurisdiction of the officer of the District Court.\ns 36C ins 2011 No. 45 s 126\n(sec.36C-ssec.1) This section applies if the District Court is to sit at a place where an office of the District Court Registry does not exist.\n(sec.36C-ssec.2) If a regional office or a district office of the Supreme Court Registry exists at the place, that office is taken to be an office of the District Court Registry at the place and the registrar, bailiff and other officers of the Supreme Court at the place are taken to be the corresponding officers of the District Court at the place. The registrar of the Supreme Court at the place is taken to be the registrar of the District Court at the place.\n(sec.36C-ssec.3) If subsection (2) does not apply and a Magistrates Court Registry exists at the place, that registry is taken to be an office of the District Court Registry at the place and the registrar, bailiff and other officers of the Magistrates Court at the place are taken to be the corresponding officers of the District Court at the place. A bailiff of the Magistrates Court at the place is taken to be a bailiff of the District Court at the place.\n(sec.36C-ssec.4) Without limiting subsections (2) and (3) , an officer taken to be a corresponding officer of the District Court at a place has the functions, powers and jurisdiction of the officer of the District Court.","sortOrder":64},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Associates","content":"### sec.36D Associates\n\nThe Chief Judge may appoint a person nominated by a judge as an associate to the judge.\nAn associate is appointed under this Act and not under the Public Sector Act 2022 .\nThe Governor in Council is to decide the salary and conditions of appointment for an associate appointed under subsection (1) .\ns 36D ins 2011 No. 45 s 126\namd 2022 No. 34 s 365 sch 3\n(sec.36D-ssec.1) The Chief Judge may appoint a person nominated by a judge as an associate to the judge.\n(sec.36D-ssec.2) An associate is appointed under this Act and not under the Public Sector Act 2022 .\n(sec.36D-ssec.3) The Governor in Council is to decide the salary and conditions of appointment for an associate appointed under subsection (1) .","sortOrder":65},{"sectionNumber":"sec.37","sectionType":"section","heading":"Duties of registrar","content":"### sec.37 Duties of registrar\n\nA registrar shall sign and issue summonses and warrants and register the records and judgments, and keep minutes of the proceedings of the court, and shall take charge of and keep an account of the court fees and fines payable or paid into court, and of the moneys paid into and out of court, and shall enter an account of the fees, fines and moneys, in a ledger kept by the registrar for that purpose, and shall, when required, submit the registrar’s accounts to be audited by the auditor-general or the registrar’s officers.\ns 37 amd 2002 No. 34 s 10 sch 1","sortOrder":66},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 amd 1995 No. 23 s 10 sch 1\nom 1995 No. 42 s 76 sch 2","sortOrder":67},{"sectionNumber":"sec.39","sectionType":"section","heading":"Minutes of proceedings to be kept","content":"### sec.39 Minutes of proceedings to be kept\n\nA registrar shall cause a note of the plaints, summonses, judgments, executions and returns thereto, and of the fines and of all other proceedings of the court, to be fairly entered from time to time in a register maintained by the court and kept at the office of the court.\nEvidence\nIn any action or other proceeding the books, and any entries therein, or copies of the books or entries under the seal of the court and purporting to be signed and certified by the registrar, shall upon production be prima facie evidence of the contents of the books, or of the entries, and of the proceedings referred to in them, and of the regularity of the proceedings.\ns 39 amd 1988 No. 7 s 16 ; 2002 No. 34 s 10 sch 1\n(sec.39-ssec.1) A registrar shall cause a note of the plaints, summonses, judgments, executions and returns thereto, and of the fines and of all other proceedings of the court, to be fairly entered from time to time in a register maintained by the court and kept at the office of the court. Evidence\n(sec.39-ssec.2) In any action or other proceeding the books, and any entries therein, or copies of the books or entries under the seal of the court and purporting to be signed and certified by the registrar, shall upon production be prima facie evidence of the contents of the books, or of the entries, and of the proceedings referred to in them, and of the regularity of the proceedings.","sortOrder":68},{"sectionNumber":"sec.40","sectionType":"section","heading":"When a clerk of the court is registrar, the clerk’s successor or deputy shall be registrar","content":"### sec.40 When a clerk of the court is registrar, the clerk’s successor or deputy shall be registrar\n\nWhen a clerk of the court is appointed registrar of the District Court held at the place where the person is clerk, the successor in office of the clerk, or a deputy, or a person performing the duties for the time being, shall exercise, and have the rights and powers, and shall perform the duties of a registrar of the District Court while the person is performing the duties of such clerk.\nHowever, subsection (1) does not limit the chief executive’s power under section 36 (2) .\nIn this section—\nclerk of the court has the meaning assigned to that expression by the Justices Act 1886 .\ns 40 amd 2002 No. 34 s 10 sch 1 ; 2008 No. 59 s 42 ; 2011 No. 45 s 127\n(sec.40-ssec.1) When a clerk of the court is appointed registrar of the District Court held at the place where the person is clerk, the successor in office of the clerk, or a deputy, or a person performing the duties for the time being, shall exercise, and have the rights and powers, and shall perform the duties of a registrar of the District Court while the person is performing the duties of such clerk.\n(sec.40-ssec.2) However, subsection (1) does not limit the chief executive’s power under section 36 (2) .\n(sec.40-ssec.3) In this section— clerk of the court has the meaning assigned to that expression by the Justices Act 1886 .","sortOrder":69},{"sectionNumber":"sec.41","sectionType":"section","heading":"Appointment of bailiffs","content":"### sec.41 Appointment of bailiffs\n\nThe chief executive may appoint bailiffs.\nA person appointed under this section is employed under the Public Sector Act 2022 .\ns 41 amd 2002 No. 34 s 10 sch 1 ; 2008 No. 59 s 43\nsub 2011 No. 45 s 128\namd 2022 No. 34 s 365 sch 3\n(sec.41-ssec.1) The chief executive may appoint bailiffs.\n(sec.41-ssec.2) A person appointed under this section is employed under the Public Sector Act 2022 .","sortOrder":70},{"sectionNumber":"sec.42","sectionType":"section","heading":"Power of bailiffs","content":"### sec.42 Power of bailiffs\n\nA bailiff is an officer of the sheriff.\nA bailiff is appointed for the State.\nThe sheriff, or a deputy sheriff, may delegate any of the sheriff’s functions, or deputy sheriff’s functions, to a bailiff.\nSubject to the terms of the delegation, a bailiff may perform a function throughout the State.\nIn this section—\nfunctions includes powers.\nperform , a function, includes exercise a power.\ns 42 sub 2011 No. 45 s 129\n(sec.42-ssec.1) A bailiff is an officer of the sheriff.\n(sec.42-ssec.2) A bailiff is appointed for the State.\n(sec.42-ssec.3) The sheriff, or a deputy sheriff, may delegate any of the sheriff’s functions, or deputy sheriff’s functions, to a bailiff.\n(sec.42-ssec.4) Subject to the terms of the delegation, a bailiff may perform a function throughout the State.\n(sec.42-ssec.5) In this section— functions includes powers. perform , a function, includes exercise a power.","sortOrder":71},{"sectionNumber":"sec.43","sectionType":"section","heading":"Functions of bailiffs","content":"### sec.43 Functions of bailiffs\n\nThe functions of a bailiff include the following—\nacting as an orderly during sittings of the court;\nserving documents for a proceeding in the court;\nenforcing enforcement warrants of the court.\ns 43 amd 2002 No. 34 s 10 sch 1\nsub 2011 No. 45 s 129\n- (a) acting as an orderly during sittings of the court;\n- (b) serving documents for a proceeding in the court;\n- (c) enforcing enforcement warrants of the court.","sortOrder":72},{"sectionNumber":"sec.44","sectionType":"section","heading":"Bailiff not required to take out auctioneer’s licence","content":"### sec.44 Bailiff not required to take out auctioneer’s licence\n\nA bailiff or other officer duly authorised to enforce an enforcement warrant may sell land or goods without taking out an auctioneer’s licence.\ns 44 amd 2011 No. 45 s 130","sortOrder":73},{"sectionNumber":"sec.45","sectionType":"section","heading":"Remuneration of bailiffs","content":"### sec.45 Remuneration of bailiffs\n\nA bailiff shall be paid a salary on account of the bailiff’s general duties, and shall also be entitled to receive and retain for the bailiff’s own use the fees prescribed as bailiffs’ fees, unless a judge in any case otherwise orders.\nThe bailiff shall, out of such fees, provide for the performance of the duties for which the fees are allowed.\nThe fees received for enforcing an enforcement warrant must be paid by the registrar to the bailiff on the issue of the enforcement warrant.\ns 45 amd 2002 No. 34 s 10 sch 1 ; 2011 No. 45 s 131\n(sec.45-ssec.1) A bailiff shall be paid a salary on account of the bailiff’s general duties, and shall also be entitled to receive and retain for the bailiff’s own use the fees prescribed as bailiffs’ fees, unless a judge in any case otherwise orders.\n(sec.45-ssec.2) The bailiff shall, out of such fees, provide for the performance of the duties for which the fees are allowed.\n(sec.45-ssec.3) The fees received for enforcing an enforcement warrant must be paid by the registrar to the bailiff on the issue of the enforcement warrant.","sortOrder":74},{"sectionNumber":"sec.46","sectionType":"section","heading":"Bailiff answerable for escape and neglect to levy execution","content":"### sec.46 Bailiff answerable for escape and neglect to levy execution\n\nIf a bailiff who is directed to levy execution loses by neglect, connivance, or omission, the opportunity of levying the execution, a judge may, upon complaint of the party aggrieved, inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the same manner in which the attendance of witnesses in an action may be enforced, and may order the bailiff to pay such damages as it appears that the plaintiff has sustained, not exceeding in any case the sum of money for which the execution was issued, and the bailiff shall be liable to pay the same.\nUpon demand made, and on the bailiff’s refusal to pay and satisfy the damages, payment may be enforced in the manner provided by this Act.\n(sec.46-ssec.1) If a bailiff who is directed to levy execution loses by neglect, connivance, or omission, the opportunity of levying the execution, a judge may, upon complaint of the party aggrieved, inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the same manner in which the attendance of witnesses in an action may be enforced, and may order the bailiff to pay such damages as it appears that the plaintiff has sustained, not exceeding in any case the sum of money for which the execution was issued, and the bailiff shall be liable to pay the same.\n(sec.46-ssec.2) Upon demand made, and on the bailiff’s refusal to pay and satisfy the damages, payment may be enforced in the manner provided by this Act.","sortOrder":75},{"sectionNumber":"sec.47","sectionType":"section","heading":"Bailiff’s protection from liability","content":"### sec.47 Bailiff’s protection from liability\n\nA proceeding in relation to a bailiff acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the bailiff.\nIf a money order is made against The Sheriff of Queensland in a proceeding mentioned in subsection (1) —\nthe money order debt must be paid by the Treasurer out of the consolidated fund; and\nthe State may recover the money order debt from the relevant bailiff unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as a bailiff.\nIn this section—\nmoney order means an order, or part of an order, for the payment of money, including an amount for damages, whether or not the amount is or includes an amount for interest or costs.\nmoney order debt means the amount of money payable under a money order.\ns 47 prev s 47 om 2000 No. 5 s 373 sch 3\npres s 47 ins 2011 No. 45 s 132\nhdg prec s 48 om 1994 No. 87 s 3 sch 2\n(sec.47-ssec.1) A proceeding in relation to a bailiff acting in that capacity must be started against ‘The Sheriff of Queensland’ and not against the bailiff.\n(sec.47-ssec.2) If a money order is made against The Sheriff of Queensland in a proceeding mentioned in subsection (1) — the money order debt must be paid by the Treasurer out of the consolidated fund; and the State may recover the money order debt from the relevant bailiff unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as a bailiff.\n(sec.47-ssec.3) In this section— money order means an order, or part of an order, for the payment of money, including an amount for damages, whether or not the amount is or includes an amount for interest or costs. money order debt means the amount of money payable under a money order.\n- (a) the money order debt must be paid by the Treasurer out of the consolidated fund; and\n- (b) the State may recover the money order debt from the relevant bailiff unless the liability resulting in the money order was for an act done, or omission made, honestly and without negligence when acting as a bailiff.","sortOrder":76},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 amd 2004 No. 11 s 596 sch 1\nom 2011 No. 45 s 133","sortOrder":77},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 1997 No. 38 s 42","sortOrder":78},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"General provisions about officers","content":"## General provisions about officers","sortOrder":79},{"sectionNumber":"sec.50","sectionType":"section","heading":"Remedies against and penalties on bailiffs and other officers for misconduct","content":"### sec.50 Remedies against and penalties on bailiffs and other officers for misconduct\n\nIf a registrar, bailiff or other officer, acting under, or under colour or pretence, of the process of the court is charged with extortion or misconduct, or with not duly paying or accounting for money levied by the officer under the authority of this Act, a judge may inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the manner provided by this Act for enforcing the attendance of witnesses, and may make such order for the repayment of the money extorted, or for the due payment of the money so levied, and for the payment of such damages and costs as the judge thinks just.\nThe judge may also impose a fine upon the registrar, bailiff or other officer not exceeding $20 for each offence, and, in default of payment of the money so ordered to be paid, payment may be enforced in the manner provided by this Act for enforcing a judgment.\ns 50 prev s 50 om 1974 No. 75 s 4 sch\n(sec.50-ssec.1) If a registrar, bailiff or other officer, acting under, or under colour or pretence, of the process of the court is charged with extortion or misconduct, or with not duly paying or accounting for money levied by the officer under the authority of this Act, a judge may inquire into the matter in a summary way, and for that purpose may summon and enforce the attendance of the necessary parties in the manner provided by this Act for enforcing the attendance of witnesses, and may make such order for the repayment of the money extorted, or for the due payment of the money so levied, and for the payment of such damages and costs as the judge thinks just.\n(sec.50-ssec.2) The judge may also impose a fine upon the registrar, bailiff or other officer not exceeding $20 for each offence, and, in default of payment of the money so ordered to be paid, payment may be enforced in the manner provided by this Act for enforcing a judgment.","sortOrder":80},{"sectionNumber":"sec.51","sectionType":"section","heading":"Indemnity to persons acting under this Act","content":"### sec.51 Indemnity to persons acting under this Act\n\nIf an action is brought against a person for anything done under a warrant issued in pursuance of this Act, the production of the warrant under the seal of the court in the action shall be deemed sufficient proof of the authority of the court previous to the issuing of the warrant, and if the plaintiff in the action has a verdict given against the plaintiff, is nonsuited, or discontinues the action, the defendant shall be allowed costs.","sortOrder":81},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Court appearance","content":"## Court appearance","sortOrder":82},{"sectionNumber":"sec.52","sectionType":"section","heading":"Court appearance","content":"### sec.52 Court appearance\n\nIn a proceeding, a party may appear in person or by—\na lawyer; or\nwith the leave of the court, another person.\nIn this section—\nparty includes a person served with notice of or attending a proceeding although not named in the record.\ns 52 amd 2002 No. 34 s 10 sch 1 ; 2004 No. 11 s 596 sch 1\nsub 2011 No. 45 s 134\n(sec.52-ssec.1) In a proceeding, a party may appear in person or by— a lawyer; or with the leave of the court, another person.\n(sec.52-ssec.2) In this section— party includes a person served with notice of or attending a proceeding although not named in the record.\n- (a) a lawyer; or\n- (b) with the leave of the court, another person.","sortOrder":83},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 amd 1976 No. 39 s 34\nom 1995 No. 42 s 76 sch 2","sortOrder":84},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 amd 1976 No. 39 s 35 ; 1995 No. 58 s 4 sch 1\nom 1995 No. 42 s 76 sch 2","sortOrder":85},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 1995 No. 42 s 76 sch 2","sortOrder":86},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 1972 No. 35 s 24 (1) ; 1976 No. 39 s 36 (a) (i) –(c); 1995 No. 23 s 10 sch 1\nom 1995 No. 42 s 76 sch 2","sortOrder":87},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 (prev s 56(3)) renum 1995 No. 23 s 10 sch 1\nom 1995 No. 42 s 76 sch 2","sortOrder":88},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 1995 No. 42 s 76 sch 2","sortOrder":89},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 1995 No. 42 s 76 sch 2","sortOrder":90},{"sectionNumber":"pt.3","sectionType":"part","heading":null,"content":"","sortOrder":91},{"sectionNumber":"pt.4","sectionType":"part","heading":"Criminal jurisdiction and procedure","content":"# Criminal jurisdiction and procedure","sortOrder":92},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Criminal jurisdiction","content":"## Criminal jurisdiction","sortOrder":93},{"sectionNumber":"sec.60","sectionType":"section","heading":"Criminal jurisdiction","content":"### sec.60 Criminal jurisdiction\n\nThe District Court has jurisdiction to inquire of, hear, and determine all indictable offences, wheresoever committed, save as hereinafter excepted.\ns 60 amd 2002 No. 34 s 10 sch 1","sortOrder":94},{"sectionNumber":"sec.61","sectionType":"section","heading":"Criminal jurisdiction if maximum penalty more than 20 years","content":"### sec.61 Criminal jurisdiction if maximum penalty more than 20 years\n\nThe District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 20 years.\nHowever, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 20 years—\nan offence against the Corrective Services Act 2006 , section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act;\nan offence under the Criminal Code , section 61 , 213 , 215 , 216 , 217A , 219 , 222 , 228A , 228B , 229B , 315 , 316 , 317 , 318 , 319 , 349 , 352 , 411 , 412 , 415 , 419 , 421 , 461 , 469 or 469A ;\nan offence under the Drugs Misuse Act 1986 , section 5 if the dangerous drug the subject of the charge is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 .\nSubsection (2) applies to an offence mentioned in subsection (2) (b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence.\nAlso, subsection (5) applies in relation to a person charged with a prescribed offence if the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q is alleged to exist in relation to the offence.\nFor applying subsection (1) to the person, the mandatory component of the sentence that must be imposed for the prescribed offence under the Penalties and Sentences Act 1992 , section 161R (2) must be disregarded.\nIn this section—\nprescribed offence see the Penalties and Sentences Act 1992 , section 161N .\ns 61 sub 1989 No. 40 s 5\namd 1990 No. 88 s 3 sch ; 1997 No. 3 s 122 sch 2\nsub 1999 No. 66 s 19\namd 2000 No. 63 s 276 sch 2 ; 2002 No. 23 s 3 sch ; 2003 No. 13 s 106 sch 1 ; 2004 No. 8 s 16 ; 2006 No. 29 s 518 sch 3 ; 2007 No. 37 s 50 ; 2008 No. 55 s 150 sch ; 2010 No. 26 s 48 ; 2016 No. 50 s 40 sch 1 ; 2016 No. 62 s 162 ; 2020 No. 15 s 68 ; 2024 No. 23 s 20\n(sec.61-ssec.1) The District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 20 years.\n(sec.61-ssec.2) However, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 20 years— an offence against the Corrective Services Act 2006 , section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act; an offence under the Criminal Code , section 61 , 213 , 215 , 216 , 217A , 219 , 222 , 228A , 228B , 229B , 315 , 316 , 317 , 318 , 319 , 349 , 352 , 411 , 412 , 415 , 419 , 421 , 461 , 469 or 469A ; an offence under the Drugs Misuse Act 1986 , section 5 if the dangerous drug the subject of the charge is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 .\n(sec.61-ssec.3) Subsection (2) applies to an offence mentioned in subsection (2) (b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence.\n(sec.61-ssec.4) Also, subsection (5) applies in relation to a person charged with a prescribed offence if the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q is alleged to exist in relation to the offence.\n(sec.61-ssec.5) For applying subsection (1) to the person, the mandatory component of the sentence that must be imposed for the prescribed offence under the Penalties and Sentences Act 1992 , section 161R (2) must be disregarded.\n(sec.61-ssec.6) In this section— prescribed offence see the Penalties and Sentences Act 1992 , section 161N .\n- (a) an offence against the Corrective Services Act 2006 , section 122 in which a prisoner wilfully and unlawfully damages or destroys, or attempts to damage or destroy, property that is part of a corrective services facility during a riot or mutiny and the security of the facility is endangered by the act;\n- (b) an offence under the Criminal Code , section 61 , 213 , 215 , 216 , 217A , 219 , 222 , 228A , 228B , 229B , 315 , 316 , 317 , 318 , 319 , 349 , 352 , 411 , 412 , 415 , 419 , 421 , 461 , 469 or 469A ;\n- (c) an offence under the Drugs Misuse Act 1986 , section 5 if the dangerous drug the subject of the charge is a thing specified in the Drugs Misuse Regulation 1987 , schedule 2 .","sortOrder":95},{"sectionNumber":"sec.61A","sectionType":"section","heading":"No general criminal jurisdiction over a child","content":"### sec.61A No general criminal jurisdiction over a child\n\nThe District Court does not have jurisdiction to try a child charged with an indictable offence, unless otherwise expressly provided by an Act.\nSubject to this division, the District Court has jurisdiction—\nto try a child on an indictment in which the child is also charged as an adult with an offence; or\nto try a child in proceedings removed to the court under the Youth Justice Act 1992 , part 6 , division 8 , subdivision 2 ; or\nto sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence.\nIn exercising jurisdiction to sentence a child under subsection (2) , the court may also sentence the child under the Criminal Code , section 651 .\ns 61A ins 2002 No. 39 s 150\namd 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115 , 118 ); 2009 No. 34 s 45 (1) sch pt 1 ; 2016 No. 58 s 10 sch 1\n(sec.61A-ssec.1) The District Court does not have jurisdiction to try a child charged with an indictable offence, unless otherwise expressly provided by an Act.\n(sec.61A-ssec.2) Subject to this division, the District Court has jurisdiction— to try a child on an indictment in which the child is also charged as an adult with an offence; or to try a child in proceedings removed to the court under the Youth Justice Act 1992 , part 6 , division 8 , subdivision 2 ; or to sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence.\n(sec.61A-ssec.3) In exercising jurisdiction to sentence a child under subsection (2) , the court may also sentence the child under the Criminal Code , section 651 .\n- (a) to try a child on an indictment in which the child is also charged as an adult with an offence; or\n- (b) to try a child in proceedings removed to the court under the Youth Justice Act 1992 , part 6 , division 8 , subdivision 2 ; or\n- (c) to sentence a child for an offence if the child is appearing before it also for sentence as an adult on a charge of an offence.","sortOrder":96},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 sub 1995 No. 58 s 4 sch 1\nom 2002 No. 34 s 10 sch 1","sortOrder":97},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Procedure","content":"## Procedure","sortOrder":98},{"sectionNumber":"sec.63","sectionType":"section","heading":"Change of venue","content":"### sec.63 Change of venue\n\nWhen an accused person is committed for trial to the District Court in a place other than the district in which the offence is alleged to have been committed, a Supreme Court judge or a District Court judge may order that the trial be held in that district and may make all such orders for the remand and custody of the accused person, and for the enlargement of the accused person’s bail, as may be necessary.\nIn any other case the venue may be changed by order of a judge of the Supreme Court, or of the District Court, who may make the like orders for the purposes aforesaid.\nThe District Court judge may, at any stage of a criminal trial pending in the judge’s court, order that the trial take place at another place, subject to such conditions as the judge thinks fit, and may remand the accused in custody or on bail to that court.\ns 63 amd 1980 No. 35 s 4 (1) sch 1 ; 2002 No. 34 s 10 sch 1 ; 2008 No. 59 s 44\n(sec.63-ssec.1) When an accused person is committed for trial to the District Court in a place other than the district in which the offence is alleged to have been committed, a Supreme Court judge or a District Court judge may order that the trial be held in that district and may make all such orders for the remand and custody of the accused person, and for the enlargement of the accused person’s bail, as may be necessary.\n(sec.63-ssec.2) In any other case the venue may be changed by order of a judge of the Supreme Court, or of the District Court, who may make the like orders for the purposes aforesaid.\n(sec.63-ssec.3) The District Court judge may, at any stage of a criminal trial pending in the judge’s court, order that the trial take place at another place, subject to such conditions as the judge thinks fit, and may remand the accused in custody or on bail to that court.","sortOrder":99},{"sectionNumber":"sec.64","sectionType":"section","heading":"Change of trial from Supreme Court to District Court","content":"### sec.64 Change of trial from Supreme Court to District Court\n\nWhen a person has been committed for trial or sentence to the Supreme Court or has been indicted in any such court for an offence triable in the District Court any District Court judge if so requested by the Chief Justice may try or sentence such person and for that purpose shall have the same powers and jurisdiction as if the committal had been to or the indictment had been presented in the District Court.\nThe request of the Chief Justice may be made in respect of a particular case or cases or in respect of specified categories of cases.\nWhen a person has been committed for trial to the District Court or has been indicted in the District Court any judge of the Supreme Court shall have the same powers and jurisdiction to try such person as if the committal had been to or the indictment presented in the Supreme Court.\ns 64 amd 2002 No. 34 s 10 sch 1\n(sec.64-ssec.1) When a person has been committed for trial or sentence to the Supreme Court or has been indicted in any such court for an offence triable in the District Court any District Court judge if so requested by the Chief Justice may try or sentence such person and for that purpose shall have the same powers and jurisdiction as if the committal had been to or the indictment had been presented in the District Court.\n(sec.64-ssec.2) The request of the Chief Justice may be made in respect of a particular case or cases or in respect of specified categories of cases.\n(sec.64-ssec.3) When a person has been committed for trial to the District Court or has been indicted in the District Court any judge of the Supreme Court shall have the same powers and jurisdiction to try such person as if the committal had been to or the indictment presented in the Supreme Court.","sortOrder":100},{"sectionNumber":"sec.65","sectionType":"section","heading":"Jury in criminal trials","content":"### sec.65 Jury in criminal trials\n\nAll indictable offences prosecuted in the court must be tried by a judge and jury.\nThe Jury Act 1995 states the law about the following—\nthe obligation to perform jury service;\norganisation of juries generally;\nthe selection of a jury;\narrangements for a jury during a trial;\njuror’s remuneration and allowances.\nSubsection (1) is subject to an Act that allows or requires an indictable offence prosecuted in the court to be tried in another way.\ns 65 sub 1995 No. 42 s 76 sch 2\n(sec.65-ssec.1) All indictable offences prosecuted in the court must be tried by a judge and jury.\n(sec.65-ssec.2) The Jury Act 1995 states the law about the following— the obligation to perform jury service; organisation of juries generally; the selection of a jury; arrangements for a jury during a trial; juror’s remuneration and allowances.\n(sec.65-ssec.3) Subsection (1) is subject to an Act that allows or requires an indictable offence prosecuted in the court to be tried in another way.\n- (a) the obligation to perform jury service;\n- (b) organisation of juries generally;\n- (c) the selection of a jury;\n- (d) arrangements for a jury during a trial;\n- (e) juror’s remuneration and allowances.","sortOrder":101},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2011 No. 45 s 135","sortOrder":102},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 amd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 135","sortOrder":103},{"sectionNumber":"pt.5","sectionType":"part","heading":"Civil jurisdiction","content":"# Civil jurisdiction","sortOrder":104},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Civil jurisdiction","content":"## Civil jurisdiction","sortOrder":105},{"sectionNumber":"sec.68","sectionType":"section","heading":"Civil jurisdiction","content":"### sec.68 Civil jurisdiction\n\nThe District Court has jurisdiction to hear and determine—\nall personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following—\nany equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated;\nany claim for detention of chattels;\nany claim for rent or mesne profits;\nany claim for any debt, damages or compensation arising under any Act; and\nthe following actions and matters—\nfor enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit;\nfor relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit;\nfor specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit;\nfor rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit;\nfor a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit;\nfor the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit;\nfor the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit;\nfor the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit;\nrelating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit;\nfor family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit;\nto recover possession of any land, where the value of the land does not exceed the monetary limit;\nto restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit;\nfor the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit;\nfor the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit.\nIn this section—\nmonetary limit means $750,000.\nFor the purpose of determining whether or not the District Court has jurisdiction under this part—\nin the case of proceedings falling within subsection (1) (a) (ii) —the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and\nthe value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010 , or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and\nthe following amounts must not be considered in calculating whether an amount, value or damage sought to be recovered in an action exceeds the monetary limit—\nan amount of interest that is payable as of right, whether because of a law, agreement or otherwise;\nan amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 .\nWhere any question arises as to the amount or value for the purpose of jurisdiction under this part the decision of the District Court shall be conclusive as to that matter.\ns 68 amd 1976 No. 19 s 5 ; 1982 No. 51 s 5\nsub 1989 No. 40 s 6\namd 1997 No. 38 s 43 ; 2002 No. 34 s 10 sch 1 ; 2010 No. 39 s 325 sch 1 pt 2 ; 2010 No. 42 s 30 sch ; 2010 No. 26 s 49 ; 2020 No. 15 s 69 ; 2023 No. 27 s 289 sch 3\n(sec.68-ssec.1) The District Court has jurisdiction to hear and determine— all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following— any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; any claim for detention of chattels; any claim for rent or mesne profits; any claim for any debt, damages or compensation arising under any Act; and the following actions and matters— for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; to recover possession of any land, where the value of the land does not exceed the monetary limit; to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit.\n(sec.68-ssec.2) In this section— monetary limit means $750,000.\n(sec.68-ssec.3) For the purpose of determining whether or not the District Court has jurisdiction under this part— in the case of proceedings falling within subsection (1) (a) (ii) —the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and the value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010 , or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and the following amounts must not be considered in calculating whether an amount, value or damage sought to be recovered in an action exceeds the monetary limit— an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 .\n(sec.68-ssec.4) Where any question arises as to the amount or value for the purpose of jurisdiction under this part the decision of the District Court shall be conclusive as to that matter.\n- (a) all personal actions, where the amount, value or damage sought to be recovered does not exceed the monetary limit including the following— (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated; (ii) any claim for detention of chattels; (iii) any claim for rent or mesne profits; (iv) any claim for any debt, damages or compensation arising under any Act; and\n- (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated;\n- (ii) any claim for detention of chattels;\n- (iii) any claim for rent or mesne profits;\n- (iv) any claim for any debt, damages or compensation arising under any Act; and\n- (b) the following actions and matters— (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit; (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit; (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit; (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit; (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit; (vi) for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit; (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit; (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit; (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit; (x) for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit; (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit; (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit; (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit; (xiv) for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit.\n- (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit;\n- (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit;\n- (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit;\n- (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit;\n- (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit;\n- (vi) for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit;\n- (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit;\n- (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit;\n- (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit;\n- (x) for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit;\n- (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit;\n- (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit;\n- (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit;\n- (xiv) for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit.\n- (i) any equitable claim or demand for recovery of money or damages, whether liquidated or unliquidated;\n- (ii) any claim for detention of chattels;\n- (iii) any claim for rent or mesne profits;\n- (iv) any claim for any debt, damages or compensation arising under any Act; and\n- (i) for enforcing by delivery of possession any mortgage, encumbrance, charge or lien, where the amount owing in respect thereof does not exceed the monetary limit;\n- (ii) for relief against fraud or mistake, where the damage sustained or the estate or fund in respect of which relief is sought does not exceed in amount or value the monetary limit;\n- (iii) for specific performance of an agreement for the sale or other disposition of land or an interest in land or of any other property, where the value of the land or interest or property does not exceed the monetary limit, or in lieu of or in addition to specific performance, damages not exceeding the monetary limit;\n- (iv) for rectifying, delivering up or cancelling any agreement, where the amount in dispute or the value of the property affected does not exceed the monetary limit;\n- (v) for a declaration of partnership or dissolution or winding up of, or otherwise relating to, any partnership, where the property of the partnership does not exceed in amount or value the monetary limit;\n- (vi) for the sale or division of property under the Property Law Act 2023 , part 5 , division 2 , where the property does not exceed in amount or value the monetary limit;\n- (vii) for the administration of the estate of a deceased person, where the estate does not exceed in amount or value the monetary limit;\n- (viii) for the execution of a trust or a declaration that a trust subsists, where the estate or fund subject or alleged to be subject to the trust does not exceed in amount or value the monetary limit;\n- (ix) relating to the custody, maintenance or advancement of an infant including the appointment of a guardian to the property or person of an infant but not so as to authorise any order under this provision affecting assets or property of an infant exceeding in amount or value the monetary limit;\n- (x) for family provision pursuant to the Succession Act 1981 , sections 40 to 43 , but so that any provision resulting from an order made by the court shall not exceed in amount or value the monetary limit;\n- (xi) to recover possession of any land, where the value of the land does not exceed the monetary limit;\n- (xii) to restrain, whether by injunction or otherwise, any actual, threatened or apprehended trespass or nuisance to land, where the value of that land does not exceed the monetary limit, or, in lieu of or in addition to such an injunction, damages not exceeding the monetary limit;\n- (xiii) for the determination of any question of construction arising under a deed, will or other written instrument, and for a declaration of the rights of the persons interested where the sum or the property in respect of which the declaration is sought does not exceed in amount or value the monetary limit;\n- (xiv) for the appointment under the Public Trustee Act 1978 , section 104 of the public trustee as administrator of any unclaimed property, where the gross value of the property does not exceed in amount or value the monetary limit.\n- (a) in the case of proceedings falling within subsection (1) (a) (ii) —the amount claimed for detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods; and\n- (b) the value of land shall be the most recent valuation, current at the time of instituting the proceedings, made by the valuer-general under the Land Valuation Act 2010 , or, if there is no such valuation in respect of the land, the current market value at that time of the land exclusive of improvements thereto; and\n- (c) the following amounts must not be considered in calculating whether an amount, value or damage sought to be recovered in an action exceeds the monetary limit— (i) an amount of interest that is payable as of right, whether because of a law, agreement or otherwise; (ii) an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 .\n- (i) an amount of interest that is payable as of right, whether because of a law, agreement or otherwise;\n- (ii) an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 .\n- (i) an amount of interest that is payable as of right, whether because of a law, agreement or otherwise;\n- (ii) an amount of interest that may be awarded by a court, including, for example, an amount of interest that may be awarded under the Civil Proceedings Act 2011 , section 58 .","sortOrder":106},{"sectionNumber":"sec.69","sectionType":"section","heading":"Powers of District Court","content":"### sec.69 Powers of District Court\n\nSubject to this Act and to the rules of court, the District Court has, for the purposes of exercising the jurisdiction conferred by this part, all the powers and authorities of the Supreme Court, including the powers and authorities conferred on the Supreme Court by an Act, and may in any proceeding in like manner and to like extent—\ngrant such relief or remedy; and\nmake any order, including an order for attachment or committal in consequence of disobedience to an order; and\ngive effect to every ground of defence or matter of set-off whether equitable or legal;\nas may and ought to be done in like cases by a judge of the Supreme Court.\nthe power of the Supreme Court under the Land Title Act 1994 , section 127 (Removing a caveat) to order that a caveat be removed\nWithout affecting the generality of subsection (1) , the District Court shall, in any proceedings in which jurisdiction is conferred under this part, have power to grant relief—\nby way of a declaration of rights of the parties; and\nby way of injunction, whether interim, interlocutory or final, in the proceedings; and\nby staying the proceedings or part thereof; and\nby appointing a receiver including an interim receiver.\nTo remove any doubt, it is declared that the District Court may grant a Mareva injunction or Anton Piller order in proceedings in which jurisdiction is conferred under this part.\nThe appropriate officer of the District Court shall, in addition to any duties otherwise imposed on the officer, discharge—\nany duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances; and\nany duty imposed on the officer by any order of the court.\nFor the purposes of subsection (4) the appropriate officer of the District Court shall have the powers of the relevant officer of the Supreme Court.\ns 69 amd 1976 No. 19 s 6\nsub 1989 No. 40 s 6\namd 1998 No. 20 s 27 sch 2 ; 2002 No. 34 s 10 sch 1 ; 2004 No. 43 s 3 sch ; 2010 No. 42 s 30 sch ; 2010 No. 26 s 50\n(sec.69-ssec.1) Subject to this Act and to the rules of court, the District Court has, for the purposes of exercising the jurisdiction conferred by this part, all the powers and authorities of the Supreme Court, including the powers and authorities conferred on the Supreme Court by an Act, and may in any proceeding in like manner and to like extent— grant such relief or remedy; and make any order, including an order for attachment or committal in consequence of disobedience to an order; and give effect to every ground of defence or matter of set-off whether equitable or legal; as may and ought to be done in like cases by a judge of the Supreme Court. the power of the Supreme Court under the Land Title Act 1994 , section 127 (Removing a caveat) to order that a caveat be removed\n(sec.69-ssec.2) Without affecting the generality of subsection (1) , the District Court shall, in any proceedings in which jurisdiction is conferred under this part, have power to grant relief— by way of a declaration of rights of the parties; and by way of injunction, whether interim, interlocutory or final, in the proceedings; and by staying the proceedings or part thereof; and by appointing a receiver including an interim receiver.\n(sec.69-ssec.3) To remove any doubt, it is declared that the District Court may grant a Mareva injunction or Anton Piller order in proceedings in which jurisdiction is conferred under this part.\n(sec.69-ssec.4) The appropriate officer of the District Court shall, in addition to any duties otherwise imposed on the officer, discharge— any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances; and any duty imposed on the officer by any order of the court.\n(sec.69-ssec.5) For the purposes of subsection (4) the appropriate officer of the District Court shall have the powers of the relevant officer of the Supreme Court.\n- (a) grant such relief or remedy; and\n- (b) make any order, including an order for attachment or committal in consequence of disobedience to an order; and\n- (c) give effect to every ground of defence or matter of set-off whether equitable or legal;\n- (a) by way of a declaration of rights of the parties; and\n- (b) by way of injunction, whether interim, interlocutory or final, in the proceedings; and\n- (c) by staying the proceedings or part thereof; and\n- (d) by appointing a receiver including an interim receiver.\n- (a) any duty which an officer of the Supreme Court would be required under the practice of the Supreme Court to discharge in the like circumstances; and\n- (b) any duty imposed on the officer by any order of the court.","sortOrder":107},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Preliminary disclosure orders","content":"### sec.69A Preliminary disclosure orders\n\nThe District Court has jurisdiction to make orders under this section.\nOn application, the court may make, under the rules, a preliminary disclosure order for the purpose of enabling the applicant to—\nascertain the identity or whereabouts of a prospective defendant; or\nmake a decision about starting a relevant proceeding.\nIn this section—\nidentity , of a prospective defendant, includes the name and occupation, if any, of the prospective defendant.\nprospective defendant , in relation to an applicant, means a person against whom the applicant intends to start a relevant proceeding.\nrelevant proceeding means a proceeding for which the District Court has jurisdiction.\nwhereabouts , of a prospective defendant, includes a place of residence, registered office, place of business or other location of the prospective defendant.\ns 69A ins 2023 No. 23 s 63\n(sec.69A-ssec.1) The District Court has jurisdiction to make orders under this section.\n(sec.69A-ssec.2) On application, the court may make, under the rules, a preliminary disclosure order for the purpose of enabling the applicant to— ascertain the identity or whereabouts of a prospective defendant; or make a decision about starting a relevant proceeding.\n(sec.69A-ssec.3) In this section— identity , of a prospective defendant, includes the name and occupation, if any, of the prospective defendant. prospective defendant , in relation to an applicant, means a person against whom the applicant intends to start a relevant proceeding. relevant proceeding means a proceeding for which the District Court has jurisdiction. whereabouts , of a prospective defendant, includes a place of residence, registered office, place of business or other location of the prospective defendant.\n- (a) ascertain the identity or whereabouts of a prospective defendant; or\n- (b) make a decision about starting a relevant proceeding.","sortOrder":108},{"sectionNumber":"sec.70","sectionType":"section","heading":"Relief against proceedings to recover land","content":"### sec.70 Relief against proceedings to recover land\n\nIn relation to proceedings instituted or threatened to be instituted pursuant to section 68 (1) (b) (xi) , the District Court may exercise all or any of the powers and authorities of the Supreme Court under the Property Law Act 2023 , part 9 , division 5 .\ns 70 prev s 70 amd 1976 No. 19 s 8\nom 1980 No. 2 s 4 (2) sch\npres s 70 amd 1976 No. 19 s 7\nsub 1989 No. 40 s 6\namd 2002 No. 34 s 10 sch 1 ; 2023 No. 27 s 289 sch 3","sortOrder":109},{"sectionNumber":"sec.71","sectionType":"section","heading":"Reference to arbitration","content":"### sec.71 Reference to arbitration\n\nThe judge may in any action or matter, at any time before judgment, order the action or matter or any question arising thereon, with or without other matters within the jurisdiction of the court in dispute between the parties, to be referred to arbitration, to such person or persons and in such manner and on such terms as the judge thinks reasonable.","sortOrder":110},{"sectionNumber":"sec.72","sectionType":"section","heading":"Consent jurisdiction","content":"### sec.72 Consent jurisdiction\n\nIf both parties agree, by a memorandum signed by them or by their lawyers, that the District Court sitting in a particular district shall have jurisdiction to try any action which might be brought or any counterclaim which might be made in the Supreme Court, the District Court sitting at that place shall have jurisdiction to try the action or counterclaim, or both.\nThe memorandum shall state that the parties signing it know that the action or as the occasion shall require, the counterclaim, is not within the jurisdiction of the District Court without such consent, and shall be filed with a registrar in the case of an action at the time when the plaint is entered and in the case of a counterclaim, at the time the defence and counterclaim is filed or at such later time as a judge on application made in that behalf, may allow.\ns 72 prev s 72 om 1976 No. 19 s 9\npres s 72 amd 2002 No. 34 s 10 sch 1 ; 2004 No. 11 s 596 sch 1\n(sec.72-ssec.1) If both parties agree, by a memorandum signed by them or by their lawyers, that the District Court sitting in a particular district shall have jurisdiction to try any action which might be brought or any counterclaim which might be made in the Supreme Court, the District Court sitting at that place shall have jurisdiction to try the action or counterclaim, or both.\n(sec.72-ssec.2) The memorandum shall state that the parties signing it know that the action or as the occasion shall require, the counterclaim, is not within the jurisdiction of the District Court without such consent, and shall be filed with a registrar in the case of an action at the time when the plaint is entered and in the case of a counterclaim, at the time the defence and counterclaim is filed or at such later time as a judge on application made in that behalf, may allow.","sortOrder":111},{"sectionNumber":"sec.73","sectionType":"section","heading":"Splitting demands—abandonment of excess","content":"### sec.73 Splitting demands—abandonment of excess\n\nA plaintiff shall not divide a cause of action for the purpose of bringing 2 or more actions in the District Court, but a plaintiff having a cause of action for more than the amount for which a plaint might be entered under this Act may abandon the excess (which abandonment shall be stated in the plaint), and thereupon the plaintiff may, on proving the plaintiff’s case, recover to an amount not exceeding the limit specified by this Act and the judgment of the court shall be in full discharge of all demands in respect of the cause of action, and entry of the judgment of the court shall be made accordingly.\ns 73 amd 1976 No. 19 s 10 ; 2002 No. 34 s 10 sch 1","sortOrder":112},{"sectionNumber":"sec.74","sectionType":"section","heading":"Splitting debt by giving bills","content":"### sec.74 Splitting debt by giving bills\n\nIf a defendant has given 2 or more bills of exchange, promissory notes, bonds or other securities, for a debt or sum originally exceeding the amount specified in section 68 (2) the plaintiff may sue separately upon each of the securities not exceeding such amount as forming a distinct cause of action.\ns 74 pres s 74 (prev s 73(2)) renum 1995 No. 23 s 10 sch 1\namd 2010 No. 42 s 30 sch","sortOrder":113},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Trial by jury","content":"## Trial by jury","sortOrder":114},{"sectionNumber":"sec.75","sectionType":"section","heading":"When a jury may be summoned","content":"### sec.75 When a jury may be summoned\n\nAny party may require a jury to be summoned in any of the following cases—\nin any action or matter in which the amount claimed exceeds the Magistrates Courts jurisdictional limit;\nin any action for the recovery of possession of land of which the value exceeds the Magistrates Courts jurisdictional limit;\nin proceedings in interpleader in which the amount claimed or the value of the goods in question exceeds the Magistrates Courts jurisdictional limit;\nin an action or matter which before the commencement of the District Courts Act and Other Acts Amendment Act 1989 might have been commenced only in the Supreme Court unless the parties agreed to it being heard and determined in another jurisdiction;\nunless the action or matter is one which if brought in the Supreme Court would be required to be heard and determined by a judge without a jury.\nIn this section—\nMagistrates Courts jurisdictional limit means the amount applying under the Magistrates Courts Act 1921 , section 4 (a) , as the limit of the amount claimed in a personal action.\ns 75 amd 1976 No. 19 s 11 ; 1982 No. 51 s 5 ; 1989 No. 40 s 7 ; 2010 No. 26 s 51\n(sec.75-ssec.1) Any party may require a jury to be summoned in any of the following cases— in any action or matter in which the amount claimed exceeds the Magistrates Courts jurisdictional limit; in any action for the recovery of possession of land of which the value exceeds the Magistrates Courts jurisdictional limit; in proceedings in interpleader in which the amount claimed or the value of the goods in question exceeds the Magistrates Courts jurisdictional limit; in an action or matter which before the commencement of the District Courts Act and Other Acts Amendment Act 1989 might have been commenced only in the Supreme Court unless the parties agreed to it being heard and determined in another jurisdiction; unless the action or matter is one which if brought in the Supreme Court would be required to be heard and determined by a judge without a jury.\n(sec.75-ssec.2) In this section— Magistrates Courts jurisdictional limit means the amount applying under the Magistrates Courts Act 1921 , section 4 (a) , as the limit of the amount claimed in a personal action.\n- (a) in any action or matter in which the amount claimed exceeds the Magistrates Courts jurisdictional limit;\n- (b) in any action for the recovery of possession of land of which the value exceeds the Magistrates Courts jurisdictional limit;\n- (c) in proceedings in interpleader in which the amount claimed or the value of the goods in question exceeds the Magistrates Courts jurisdictional limit;\n- (d) in an action or matter which before the commencement of the District Courts Act and Other Acts Amendment Act 1989 might have been commenced only in the Supreme Court unless the parties agreed to it being heard and determined in another jurisdiction;","sortOrder":115},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":116},{"sectionNumber":"sec.76","sectionType":"section","heading":"Rules of evidence","content":"### sec.76 Rules of evidence\n\nThe rules of evidence observed in the Supreme Court shall be applicable to and observed upon the trial of questions of fact in the District Court.\ns 76 amd 2002 No. 34 s 10 sch 1","sortOrder":117},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Commercial and other lists","content":"## Commercial and other lists","sortOrder":118},{"sectionNumber":"sec.77","sectionType":"section","heading":"Court may maintain lists","content":"### sec.77 Court may maintain lists\n\nIn exercising its power to control its own process, the court may maintain lists of particular proceedings by reference to subject matter, including a commercial list.\ns 77 sub 1989 No. 40 s 8\namd 1995 No. 58 s 4 sch 1 ; 1999 No. 66 s 20 ; 2002 No. 34 s 10 sch 1 ; 2010 No. 42 s 30 sch ; 2010 No. 26 s 52\nsub 2011 No. 45 s 136","sortOrder":119},{"sectionNumber":"sec.78","sectionType":"section","heading":"No appeal from entry on a list","content":"### sec.78 No appeal from entry on a list\n\nThere is no appeal from an order entering a proceeding on a list of particular proceedings.\ns 78 sub 1989 No. 40 s 8\namd 1995 No. 58 s 4 sch 1 ; 1999 No. 66 s 21 ; 2002 No. 34 s 10 sch 1 ; 2010 No. 42 s 30 sch ; 2010 No. 26 s 53\nsub 2011 No. 45 s 136","sortOrder":120},{"sectionNumber":"sec.79","sectionType":"section","heading":"Commercial list proceeding","content":"### sec.79 Commercial list proceeding\n\nThis section applies to a proceeding on the commercial list.\nIf the parties to the proceeding agree, the judgment of the court is final and not subject to appeal.\nThe court may order that the proceeding be tried without a jury.\ns 79 amd 1989 No. 40 s 9 ; 2002 No. 34 s 10 sch 1\nsub 2011 No. 45 s 136\n(sec.79-ssec.1) This section applies to a proceeding on the commercial list.\n(sec.79-ssec.2) If the parties to the proceeding agree, the judgment of the court is final and not subject to appeal.\n(sec.79-ssec.3) The court may order that the proceeding be tried without a jury.","sortOrder":121},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 amd 1989 No. 40 s 10 ; 1996 No. 79 s 32 ; 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 136","sortOrder":122},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 amd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 136","sortOrder":123},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 prev s 82 om 1989 No. 40 s 11\npres s 82 amd 1989 No. 40 s 12 (a) (i) – (iii) , (b)(i); 1995 No. 23 s 10 sch 1 ; 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 136","sortOrder":124},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 (prev s 82(2)–(3)) renum 1995 No. 23 s 10 sch 1\namd 1996 No. 79 s 33 ; 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 136","sortOrder":125},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 amd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 136","sortOrder":126},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 sub 2002 No. 34 s 13\nom 2011 No. 45 s 136","sortOrder":127},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 amd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 136","sortOrder":128},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 amd 1995 No. 58 s 4 sch 1 ; 2002 No. 34 s 10 sch 1 ; 2004 No. 43 s 3 sch\nom 2011 No. 45 s 136","sortOrder":129},{"sectionNumber":"pt.6","sectionType":"part","heading":"Recovery of possession of land","content":"# Recovery of possession of land","sortOrder":130},{"sectionNumber":"sec.88","sectionType":"section","heading":"Warrant empowers bailiff to enter on land","content":"### sec.88 Warrant empowers bailiff to enter on land\n\nA warrant to a bailiff to give possession of land empowers the bailiff named in the warrant to enter on the land with such assistance as the bailiff determines and to give possession accordingly.\ns 88 prev s 88 amd 1976 No. 19 s 12 (amd 1976 No. 53 s 3 )\nom 1989 No. 40 s 13\npres s 88 sub 1991 No. 97 s 3 sch 1","sortOrder":131},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 orig s 89 amd 1976 No. 19 s 13\nom 1989 No. 40 s 13\nprev s 89 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":132},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 orig s 90 amd 1976 No. 19 s 14 (amd 1976 No. 53 s 4 ); 1982 No. 51 s 5\nom 1989 No. 40 s 13\nprev s 90 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137","sortOrder":133},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137","sortOrder":134},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":135},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 ins 1995 No. 23 s 12\nom 2010 No. 42 s 33","sortOrder":136},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 ins 1995 No. 23 s 12\nom 2010 No. 42 s 33","sortOrder":137},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 ins 1995 No. 23 s 12\namd 1997 No. 38 s 44\nom 2010 No. 42 s 33","sortOrder":138},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137","sortOrder":139},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 ins 1995 No. 23 s 12\namd 1997 No. 38 s 45 ; 1999 No. 66 s 22 ; 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":140},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":141},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 orig s 99 amd 1994 No. 11 s 194 sch 2\nom 1995 No. 23 s 10 sch 1\nprev s 99 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":142},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":143},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":144},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137","sortOrder":145},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137\nhdg prec prev s 104 om 1973 No. 73 s 3 (2)","sortOrder":146},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 orig s 104 om 1973 No. 73 s 3 (2)\nprev s 104 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137\nhdg prec prev s 105 om 1994 No. 87 s 3 sch 2","sortOrder":147},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":148},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 orig s 106 om 1978 No. 73 s 5 (4) sch 1\nprev s 106 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":149},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 ins 1995 No. 23 s 12\nom 2011 No. 45 s 137","sortOrder":150},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":151},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 ins 1995 No. 23 s 12\namd 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 137","sortOrder":152},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 ins 1995 No. 23 s 12\nom 2010 No. 42 s 34","sortOrder":153},{"sectionNumber":"pt.7","sectionType":"part","heading":null,"content":"","sortOrder":154},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":155},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":156},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":157},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":null,"content":"","sortOrder":158},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":null,"content":"","sortOrder":159},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":null,"content":"","sortOrder":160},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":null,"content":"","sortOrder":161},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Use of video link facilities","content":"# Use of video link facilities","sortOrder":162},{"sectionNumber":"sec.110A","sectionType":"section","heading":"Purpose of part","content":"### sec.110A Purpose of part\n\nThe purpose of this part is to provide for the use of video link facilities for certain proceedings before the District Court.\ns 110A ins 1996 No. 4 s 7\namd 2002 No. 34 s 10 sch 1","sortOrder":163},{"sectionNumber":"sec.110B","sectionType":"section","heading":"Definitions for part","content":"### sec.110B Definitions for part\n\nIn this part—\ndetainee means—\nfor section 110C (1) —someone who is in custody at a correctional institution; and\notherwise—someone who is—\nin custody at a correctional institution; and\na party to a proceeding.\nproceeding for a provision of this part, other than section 110C (1) , means a proceeding to which section 110C (1) applies.\ns 110B ins 1996 No. 4 s 7\n- (a) for section 110C (1) —someone who is in custody at a correctional institution; and\n- (b) otherwise—someone who is— (i) in custody at a correctional institution; and (ii) a party to a proceeding.\n- (i) in custody at a correctional institution; and\n- (ii) a party to a proceeding.\n- (i) in custody at a correctional institution; and\n- (ii) a party to a proceeding.","sortOrder":164},{"sectionNumber":"sec.110C","sectionType":"section","heading":"Use of video link facilities in proceedings","content":"### sec.110C Use of video link facilities in proceedings\n\nThis section applies to a proceeding if—\na detainee is entitled or required to be present before the District Court for the proceeding; and\nthe proceeding is—\nabout an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or\nan appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and\nthe proceeding is not a proceeding for the sentencing of the detainee; and\nSee the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding.\nvideo link facilities are available linking the correctional institution where the detainee is in custody and the court.\nA proceeding for the detainee’s bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders.\nIn a proceeding, other than a proceeding for the detainee’s bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent.\nThe video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution.\ns 110C ins 1996 No. 4 s 7\namd 1997 No. 38 s 46 ; 2002 No. 34 s 10 sch 1 ; 2013 No. 64 s 55\n(sec.110C-ssec.1) This section applies to a proceeding if— a detainee is entitled or required to be present before the District Court for the proceeding; and the proceeding is— about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and the proceeding is not a proceeding for the sentencing of the detainee; and See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding. video link facilities are available linking the correctional institution where the detainee is in custody and the court.\n(sec.110C-ssec.2) A proceeding for the detainee’s bail or remand or an appeal proceeding must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders.\n(sec.110C-ssec.3) In a proceeding, other than a proceeding for the detainee’s bail or remand or an appeal proceeding, the court may order the proceeding be conducted using video link facilities only if all parties consent.\n(sec.110C-ssec.4) The video link facilities may only be used to link the proceeding before the court at the place the court is sitting with the detainee, or the detainee and the detainee’s representative, at the correctional institution.\n- (a) a detainee is entitled or required to be present before the District Court for the proceeding; and\n- (b) the proceeding is— (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or (ii) an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and\n- (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or\n- (ii) an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and\n- (c) the proceeding is not a proceeding for the sentencing of the detainee; and Note— See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding.\n- (d) video link facilities are available linking the correctional institution where the detainee is in custody and the court.\n- (i) about an offence with which the detainee is charged, including a proceeding for the detainee’s bail or remand; or\n- (ii) an appeal under the Justices Act 1886 , section 222 in relation to an offence of which the detainee has been convicted ( appeal proceeding ); and","sortOrder":165},{"sectionNumber":"sec.110D","sectionType":"section","heading":"Detainee taken to be before the court","content":"### sec.110D Detainee taken to be before the court\n\nA person present at the part of the correctional institution used for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the District Court for all purposes.\nThe part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding.\nAny entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee’s use of video link facilities for the proceeding.\ns 110D ins 1996 No. 4 s 7\n(sec.110D-ssec.1) A person present at the part of the correctional institution used for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the District Court for all purposes.\n(sec.110D-ssec.2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding.\n(sec.110D-ssec.3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee’s use of video link facilities for the proceeding.","sortOrder":166},{"sectionNumber":"sec.110E","sectionType":"section","heading":"Way video link facilities must be operated","content":"### sec.110E Way video link facilities must be operated\n\nVideo link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the District Court.\nIf video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court.\ns 110E ins 1996 No. 4 s 7\n(sec.110E-ssec.1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the District Court.\n(sec.110E-ssec.2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court.","sortOrder":167},{"sectionNumber":"sec.110F","sectionType":"section","heading":"Facilities for private communication","content":"### sec.110F Facilities for private communication\n\nThe District Court and the correctional institution must make facilities available for private communication between the detainee and the detainee’s representative in a proceeding if the representative is at the place where the court is sitting.\nA communication between the detainee and the detainee’s representative is as confidential and as inadmissible in any proceeding as it would be if it took place between the detainee and the detainee’s representative while in each other’s presence.\nSubsection (2) does not limit any other protection applying to the communication.\ns 110F ins 1996 No. 4 s 7\n(sec.110F-ssec.1) The District Court and the correctional institution must make facilities available for private communication between the detainee and the detainee’s representative in a proceeding if the representative is at the place where the court is sitting.\n(sec.110F-ssec.2) A communication between the detainee and the detainee’s representative is as confidential and as inadmissible in any proceeding as it would be if it took place between the detainee and the detainee’s representative while in each other’s presence.\n(sec.110F-ssec.3) Subsection (2) does not limit any other protection applying to the communication.","sortOrder":168},{"sectionNumber":"sec.110G","sectionType":"section","heading":"Variation or revocation of order","content":"### sec.110G Variation or revocation of order\n\nThe District Court may, at any time, vary or revoke an order made under section 110C .\ns 110G ins 1996 No. 4 s 7","sortOrder":169},{"sectionNumber":"pt.8","sectionType":"part","heading":"Appeals to the District Court","content":"# Appeals to the District Court","sortOrder":170},{"sectionNumber":"sec.111","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.111 Definitions for pt 8\n\nIn this part—\nappeal includes a special case or other case stated for the opinion of the District Court.\ns 111 def appeal amd 2002 No. 34 s 10 sch 1\ncentral district means the central district of the Supreme Court.\ndecision includes a conviction, determination, judgment and order recorded or made by a court.\nfar northern district means the far northern district of the Supreme Court.\ns 111 def far northern district ins 1997 No. 38 s 3 sch\nnorthern district means the northern district of the Supreme Court.\nparty includes a prospective party to a proposed appeal.\ns 111 (prev s 95) amd 1988 No. 7 s 17 ; 1995 No. 23 s 10 sch 1\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6","sortOrder":171},{"sectionNumber":"sec.112","sectionType":"section","heading":"No appeal lies from Magistrates Court to Supreme Court","content":"### sec.112 No appeal lies from Magistrates Court to Supreme Court\n\nAn appeal may not be made from a Magistrates Court to the Supreme Court.\ns 112 prev s 112 ins 1995 No. 23 s 5\nom 12 April 1996 RA s 37\npres s 112 (prev s 96) amd 1988 No. 7 s 18\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6","sortOrder":172},{"sectionNumber":"sec.113","sectionType":"section","heading":"Power of District Court on appeal from Magistrates Court","content":"### sec.113 Power of District Court on appeal from Magistrates Court\n\nThe District Court has, for an appeal from a Magistrates Court, the same powers as the Court of Appeal has to hear an appeal.\ns 113 (prev 1988 No. 7 s 4 ) amd 1995 No. 58 s 4 sch 1\ns 113 def central district sub 1995 No. 58 s 4 sch 1\ns 113 def northern district sub 1995 No. 58 s 4 sch 1\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6\namd 2002 No. 34 s 10 sch 1 ; 2013 No. 35 s 63","sortOrder":173},{"sectionNumber":"sec.114","sectionType":"section","heading":"Other appeals","content":"### sec.114 Other appeals\n\nThis section applies if, under an Act, provision is made for an appeal—\nto a court of general or quarter sessions; or\nto a judge of the Supreme Court on circuit; or\nfrom a decision of justices and no other court of appeal is mentioned.\nThe appeal lies to the District Court.\ns 114 (prev 1988 No. 7 s 5 )\namd 1995 No. 58 s 4 sch 1\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6\namd 2002 No. 34 s 10 sch 1\n(sec.114-ssec.1) This section applies if, under an Act, provision is made for an appeal— to a court of general or quarter sessions; or to a judge of the Supreme Court on circuit; or from a decision of justices and no other court of appeal is mentioned.\n(sec.114-ssec.2) The appeal lies to the District Court.\n- (a) to a court of general or quarter sessions; or\n- (b) to a judge of the Supreme Court on circuit; or\n- (c) from a decision of justices and no other court of appeal is mentioned.","sortOrder":174},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 (prev 1988 No. 7 s 6 )\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6\nom 2002 No. 34 s 10 sch 1","sortOrder":175},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 (prev 1988 No. 7 s 7 )\namd 1995 No. 58 s 4 sch 1\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6\namd 1997 No. 38 s 3 sch ; 2002 No. 34 s 10 sch 1\nom 2011 No. 45 s 138","sortOrder":176},{"sectionNumber":"sec.117","sectionType":"section","heading":"Transfer of appeal hearings","content":"### sec.117 Transfer of appeal hearings\n\nA judge may order that an appeal is to be transferred to the District Court at another place, if it appears to the judge—\nthat it is in the interests of justice that the appeal be heard at the other place; or\nthat the appeal may be more conveniently heard at the other place and no party to the proceeding objects.\nThe order may be made on the application of a party to the proceeding, or, if the judge is the judge hearing the appeal, on the judge’s own initiative.\nThe officer that has the appeal record must give the record and all appropriate exhibits to the appropriate officer at the place where the appeal is to be heard.\nIn this section—\nheard includes—\nheard and decided; and\ncontinued and decided.\ns 117 (prev 1988 No. 7 s 8 )\nreloc 1995 No. 58 s 4 sch 1\nsub 1996 No. 32 s 6\namd 2002 No. 34 s 10 sch 1\n(sec.117-ssec.1) A judge may order that an appeal is to be transferred to the District Court at another place, if it appears to the judge— that it is in the interests of justice that the appeal be heard at the other place; or that the appeal may be more conveniently heard at the other place and no party to the proceeding objects.\n(sec.117-ssec.2) The order may be made on the application of a party to the proceeding, or, if the judge is the judge hearing the appeal, on the judge’s own initiative.\n(sec.117-ssec.3) The officer that has the appeal record must give the record and all appropriate exhibits to the appropriate officer at the place where the appeal is to be heard.\n(sec.117-ssec.4) In this section— heard includes— heard and decided; and continued and decided.\n- (a) that it is in the interests of justice that the appeal be heard at the other place; or\n- (b) that the appeal may be more conveniently heard at the other place and no party to the proceeding objects.\n- (a) heard and decided; and\n- (b) continued and decided.","sortOrder":177},{"sectionNumber":"pt.9","sectionType":"part","heading":"Appeals from the District Court to Court of Appeal","content":"# Appeals from the District Court to Court of Appeal","sortOrder":178},{"sectionNumber":"sec.118","sectionType":"section","heading":"Appeal to the Court of Appeal in certain cases","content":"### sec.118 Appeal to the Court of Appeal in certain cases\n\nThis section—\ndoes not apply to an appeal from a judgment of the District Court in the exercise of its criminal jurisdiction under part 4 ; but\ndoes apply to an appeal from other judgments of the District Court in the exercise of its criminal jurisdiction, including on an appeal brought before the court under the Justices Act 1886 , section 222 .\nA party who is dissatisfied with a final or interlocutory judgment of the District Court in its original jurisdiction may appeal to the Court of Appeal if the judgment—\nis given for an amount equal to or more than the Magistrates Courts jurisdictional limit; or\nrelates to a claim for, or relating to, property that has a value equal to or more than the Magistrates Courts jurisdictional limit.\nSubject to sections 118A and 118B , a party who is dissatisfied with any other judgment of the District Court, whether in the court’s original or appellate jurisdiction, may appeal to the Court of Appeal with the leave of that court.\nIn deciding whether there is a right of appeal under this section, the Court of Appeal may—\ninform itself in any way it considers appropriate, including by reference to the appeal record; and\ndecide the question summarily without hearing evidence.\nIf it is reasonably arguable that a right of appeal under this section exists, the Court of Appeal may treat that circumstance as a ground for granting leave to appeal.\nIf the Court of Appeal grants leave under subsection (3) , it may grant it on the conditions it considers appropriate.\nA single judge of the Court of Appeal may—\ngrant (with or without condition) or refuse leave mentioned in subsection (3) ; or\nmake the decision mentioned in subsection (4) (b) .\nAn appeal from the District Court in its original jurisdiction is by way of rehearing.\nIn this section—\nfinal judgment , of the District Court, includes a judgment that grants leave to enter a judgment mentioned in subsection (2) .\nMagistrates Courts jurisdictional limit means the amount of the jurisdictional limit of Magistrates Courts for personal actions stated in the Magistrates Courts Act 1921 , section 4 (a) .\ns 118 amd 1976 No. 19 s 15 ; 1982 No. 51 s 5 ; 1989 No. 40 s 14 ; 1991 No. 68 s 111 sch 2 ; 1996 No. 79 s 34\nsub 1997 No. 38 s 47\namd 1998 No. 20 s 27 sch 2 ; 2002 No. 34 s 10 sch 1 ; 2003 No. 77 s 69 ; 2010 No. 26 s 54 ; 2011 No. 45 s 139\n(sec.118-ssec.1) This section— does not apply to an appeal from a judgment of the District Court in the exercise of its criminal jurisdiction under part 4 ; but does apply to an appeal from other judgments of the District Court in the exercise of its criminal jurisdiction, including on an appeal brought before the court under the Justices Act 1886 , section 222 .\n(sec.118-ssec.2) A party who is dissatisfied with a final or interlocutory judgment of the District Court in its original jurisdiction may appeal to the Court of Appeal if the judgment— is given for an amount equal to or more than the Magistrates Courts jurisdictional limit; or relates to a claim for, or relating to, property that has a value equal to or more than the Magistrates Courts jurisdictional limit.\n(sec.118-ssec.3) Subject to sections 118A and 118B , a party who is dissatisfied with any other judgment of the District Court, whether in the court’s original or appellate jurisdiction, may appeal to the Court of Appeal with the leave of that court.\n(sec.118-ssec.4) In deciding whether there is a right of appeal under this section, the Court of Appeal may— inform itself in any way it considers appropriate, including by reference to the appeal record; and decide the question summarily without hearing evidence.\n(sec.118-ssec.5) If it is reasonably arguable that a right of appeal under this section exists, the Court of Appeal may treat that circumstance as a ground for granting leave to appeal.\n(sec.118-ssec.6) If the Court of Appeal grants leave under subsection (3) , it may grant it on the conditions it considers appropriate.\n(sec.118-ssec.7) A single judge of the Court of Appeal may— grant (with or without condition) or refuse leave mentioned in subsection (3) ; or make the decision mentioned in subsection (4) (b) .\n(sec.118-ssec.8) An appeal from the District Court in its original jurisdiction is by way of rehearing.\n(sec.118-ssec.9) In this section— final judgment , of the District Court, includes a judgment that grants leave to enter a judgment mentioned in subsection (2) . Magistrates Courts jurisdictional limit means the amount of the jurisdictional limit of Magistrates Courts for personal actions stated in the Magistrates Courts Act 1921 , section 4 (a) .\n- (a) does not apply to an appeal from a judgment of the District Court in the exercise of its criminal jurisdiction under part 4 ; but\n- (b) does apply to an appeal from other judgments of the District Court in the exercise of its criminal jurisdiction, including on an appeal brought before the court under the Justices Act 1886 , section 222 .\n- (a) is given for an amount equal to or more than the Magistrates Courts jurisdictional limit; or\n- (b) relates to a claim for, or relating to, property that has a value equal to or more than the Magistrates Courts jurisdictional limit.\n- (a) inform itself in any way it considers appropriate, including by reference to the appeal record; and\n- (b) decide the question summarily without hearing evidence.\n- (a) grant (with or without condition) or refuse leave mentioned in subsection (3) ; or\n- (b) make the decision mentioned in subsection (4) (b) .","sortOrder":179},{"sectionNumber":"sec.118A","sectionType":"section","heading":"Leave of District Court required to appeal from consent order","content":"### sec.118A Leave of District Court required to appeal from consent order\n\nAn appeal lies to the Court of Appeal from a judgment or order of the District Court given or made by consent only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another District Court judge.\ns 118A ins 2011 No. 145 s 140","sortOrder":180},{"sectionNumber":"sec.118B","sectionType":"section","heading":"Leave of District Court required to appeal in relation to costs","content":"### sec.118B Leave of District Court required to appeal in relation to costs\n\nAn appeal only in relation to costs lies to the Court of Appeal from a judgment or order of the District Court only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another District Court judge.\nHowever, if, after an appeal to the Court of Appeal is properly started, the appeal becomes an appeal only in relation to the costs of the original proceeding—\nsubsection (1) does not apply; and\nthe appeal may be heard and determined only by leave of the Court of Appeal.\ns 118B ins 2011 No. 145 s 140\n(sec.118B-ssec.1) An appeal only in relation to costs lies to the Court of Appeal from a judgment or order of the District Court only by leave of the judge who gave the judgment or made the order, or, if that judge is not available, another District Court judge.\n(sec.118B-ssec.2) However, if, after an appeal to the Court of Appeal is properly started, the appeal becomes an appeal only in relation to the costs of the original proceeding— subsection (1) does not apply; and the appeal may be heard and determined only by leave of the Court of Appeal.\n- (a) subsection (1) does not apply; and\n- (b) the appeal may be heard and determined only by leave of the Court of Appeal.","sortOrder":181},{"sectionNumber":"sec.119","sectionType":"section","heading":"Jurisdiction of Court of Appeal","content":"### sec.119 Jurisdiction of Court of Appeal\n\nOn the hearing of an appeal the Court of Appeal shall have power to draw inferences of fact from facts found by the judge or jury, or from admitted facts or facts not disputed provided that where the appeal is not by way of rehearing such inferences shall not be inconsistent with the findings of the judge or jury.\nOn the hearing of any appeal the Court of Appeal—\nmay order a new trial on such terms as the court thinks just; and\nmay order judgment to be entered for any party, or may make any other order, on such terms as the Court of Appeal thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties; and\nmay make such order with respect to the costs of the appeal as it thinks proper;\nand every such order shall be final.\ns 119 amd 1991 No. 68 s 111 sch 2\n(sec.119-ssec.1) On the hearing of an appeal the Court of Appeal shall have power to draw inferences of fact from facts found by the judge or jury, or from admitted facts or facts not disputed provided that where the appeal is not by way of rehearing such inferences shall not be inconsistent with the findings of the judge or jury.\n(sec.119-ssec.2) On the hearing of any appeal the Court of Appeal— may order a new trial on such terms as the court thinks just; and may order judgment to be entered for any party, or may make any other order, on such terms as the Court of Appeal thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties; and may make such order with respect to the costs of the appeal as it thinks proper; and every such order shall be final.\n- (a) may order a new trial on such terms as the court thinks just; and\n- (b) may order judgment to be entered for any party, or may make any other order, on such terms as the Court of Appeal thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties; and\n- (c) may make such order with respect to the costs of the appeal as it thinks proper;","sortOrder":182},{"sectionNumber":"sec.120","sectionType":"section","heading":"Parties may agree not to appeal","content":"### sec.120 Parties may agree not to appeal\n\nAn appeal shall not lie from the decision of a judge if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the judge shall be final.\ns 120 amd 2004 No. 11 s 596 sch 1","sortOrder":183},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 ins 1995 No. 23 s 13\nom 2010 No. 42 s 35","sortOrder":184},{"sectionNumber":"sec.122","sectionType":"section","heading":"Special case","content":"### sec.122 Special case\n\nA Magistrates Court may not state in the form of a special case for the opinion of the Supreme Court any question of law arising in any case, but in lieu thereof may state in the form of a special case for the opinion of the District Court any such question of law, and the District Court shall have the same powers, authorities and duties as the Supreme Court had in respect of such a special case prior to the coming into force of the District Courts Act Amendment Act 1960 .\ns 122 (prev s 111(3)) renum 1995 No. 23 s 10 sch 1\namd 2002 No. 34 s 10 sch 1","sortOrder":185},{"sectionNumber":"pt.10","sectionType":"part","heading":"Enforcement of judgments","content":"# Enforcement of judgments","sortOrder":186},{"sectionNumber":"sec.123","sectionType":"section","heading":"Action on judgment","content":"### sec.123 Action on judgment\n\nAn action may be brought in the Supreme Court upon a judgment in the District Court, but the plaintiff shall not recover any costs in such an action up to judgment unless the defendant appears and unsuccessfully defends the action.\ns 123 amd 2002 No. 34 s 10 sch 1","sortOrder":187},{"sectionNumber":"sec.124","sectionType":"section","heading":"Judgment to survive death","content":"### sec.124 Judgment to survive death\n\nA judgment obtained by a plaintiff but not satisfied previous to the plaintiff’s death and also all causes of action shall survive to the plaintiff’s personal representative who may issue out execution in the representative’s own name in the same way in which the plaintiff might have done.","sortOrder":188},{"sectionNumber":"pt.11","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":189},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Court","content":"## Court","sortOrder":190},{"sectionNumber":"sec.125","sectionType":"section","heading":"Practice directions","content":"### sec.125 Practice directions\n\nThe Chief Judge may make practice directions for the District Court.\nSubsection (1) does not affect any inherent or other power to make practice directions.\nTo remove any doubt, it is declared that a practice direction is not subordinate legislation.\ns 125 prev s 125 om 1998 No. 20 s 27 sch 2\npres s 125 ins 2011 No. 45 s 141\nhdg prec s 126 om 1994 No. 87 s 3 sch 2\n(sec.125-ssec.1) The Chief Judge may make practice directions for the District Court.\n(sec.125-ssec.2) Subsection (1) does not affect any inherent or other power to make practice directions.\n(sec.125-ssec.3) To remove any doubt, it is declared that a practice direction is not subordinate legislation.","sortOrder":191},{"sectionNumber":"sec.126","sectionType":"section","heading":"Business of court","content":"### sec.126 Business of court\n\nThe business of the court—\nis taken to be conducted in court wherever it is conducted; and\nis to be conducted in open court.\nHowever, subject to any Act, the court may, if the public interest or the interests of justice require, by order limit the extent to which the business of the court is open to the public.\ns 126 prev s 126 amd 1993 No. 32 s 3 sch 1\nsub 1995 No. 23 s 14\nom 1998 No. 20 s 27 sch 2\npres s 126 ins 2011 No. 45 s 141\nhdg prec s 127 om 1994 No. 87 s 3 sch 2\n(sec.126-ssec.1) The business of the court— is taken to be conducted in court wherever it is conducted; and is to be conducted in open court.\n(sec.126-ssec.2) However, subject to any Act, the court may, if the public interest or the interests of justice require, by order limit the extent to which the business of the court is open to the public.\n- (a) is taken to be conducted in court wherever it is conducted; and\n- (b) is to be conducted in open court.","sortOrder":192},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 amd 1995 No. 58 s 4 sch 1\nom 1998 No. 20 s 27 sch 2","sortOrder":193},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Fees and fines","content":"## Fees and fines","sortOrder":194},{"sectionNumber":"sec.128","sectionType":"section","heading":"Fees and fines to be paid to the consolidated fund","content":"### sec.128 Fees and fines to be paid to the consolidated fund\n\nAll fees payable in respect of any proceedings to a registrar, except such of them as a bailiff is entitled to receive and retain for the bailiff’s own use, and all fines imposed under this Act and received by a registrar, shall be paid into the consolidated fund.\ns 128 amd 2002 No. 34 s 10 sch 1","sortOrder":195},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":196},{"sectionNumber":"sec.129","sectionType":"section","heading":"Contempt","content":"### sec.129 Contempt\n\nA person is in contempt of the District Court if the person—\nwithout lawful excuse, fails to comply with an order of the court (other than an order mentioned in paragraph (e) ), or an undertaking given to the court; or\nwilfully insults a judge or juror, or a registrar, bailiff, or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or\nwilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or\nunlawfully obstructs or assaults someone in attendance in court; or\nwithout lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or\ncommits any other contempt of the court.\nA District Court judge has the same power to punish for a contempt mentioned in subsection (1) as a Supreme Court judge would have if the contempt were a contempt of the Supreme Court.\nIf the contempt is in the face of the court, a bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person committing the contempt into custody and detain the person until the court rises.\nBefore the court rises, the court may—\nask the person to explain why the person should not be punished; or\nadjourn the matter to be dealt with on a stated date.\nIf the court acts under subsection (4) (a) , the court may deal with the person immediately.\ns 129 amd 1989 No. 40 s 15\nsub 1999 No. 66 s 23\n(sec.129-ssec.1) A person is in contempt of the District Court if the person— without lawful excuse, fails to comply with an order of the court (other than an order mentioned in paragraph (e) ), or an undertaking given to the court; or wilfully insults a judge or juror, or a registrar, bailiff, or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or unlawfully obstructs or assaults someone in attendance in court; or without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or commits any other contempt of the court.\n(sec.129-ssec.2) A District Court judge has the same power to punish for a contempt mentioned in subsection (1) as a Supreme Court judge would have if the contempt were a contempt of the Supreme Court.\n(sec.129-ssec.3) If the contempt is in the face of the court, a bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person committing the contempt into custody and detain the person until the court rises.\n(sec.129-ssec.4) Before the court rises, the court may— ask the person to explain why the person should not be punished; or adjourn the matter to be dealt with on a stated date.\n(sec.129-ssec.5) If the court acts under subsection (4) (a) , the court may deal with the person immediately.\n- (a) without lawful excuse, fails to comply with an order of the court (other than an order mentioned in paragraph (e) ), or an undertaking given to the court; or\n- (b) wilfully insults a judge or juror, or a registrar, bailiff, or other court officer during the person’s sitting or attendance in court, or in going to or returning from the court; or\n- (c) wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or\n- (d) unlawfully obstructs or assaults someone in attendance in court; or\n- (e) without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or\n- (f) commits any other contempt of the court.\n- (a) ask the person to explain why the person should not be punished; or\n- (b) adjourn the matter to be dealt with on a stated date.","sortOrder":197},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":198},{"sectionNumber":"sec.130","sectionType":"section","heading":"Executors","content":"### sec.130 Executors\n\nAn executor or administrator may sue and be sued in the District Court in the same manner in which a person may sue or be sued in the person’s own right, and in any such case judgment may be given and execution issued against the same persons against whom, and in the same manner in which, judgment would be given or execution issued in the Supreme Court.\ns 130 amd 2002 No. 34 s 10 sch 1","sortOrder":199},{"sectionNumber":"sec.130A","sectionType":"section","heading":"Annual report","content":"### sec.130A Annual report\n\nAs soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the Chief Judge must prepare and give to the Minister a written report about the operation of the District Court during the year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\ns 130A ins 1997 No. 38 s 48\namd 2002 No. 34 s 10 sch 1\n(sec.130A-ssec.1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the Chief Judge must prepare and give to the Minister a written report about the operation of the District Court during the year.\n(sec.130A-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.","sortOrder":200},{"sectionNumber":"sec.130B","sectionType":"section","heading":"Finance","content":"### sec.130B Finance\n\nThe court is part of the department for the purposes of the Financial Accountability Act 2009 .\ns 130B ins 2011 No. 45 s 142","sortOrder":201},{"sectionNumber":"sec.131","sectionType":"section","heading":"Regulation-making power","content":"### sec.131 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may make provision for the control and management of the precincts of the District Court other than precincts that are Supreme Court precincts under the Supreme Court of Queensland Act 1991 .\ns 131 sub 1989 No. 40 s 16 ; 1995 No. 23 s 10 sch 1\namd 1997 No. 38 s 49 ; 2002 No. 34 s 10 sch 1 ; 2011 No. 45 s 143\n(sec.131-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.131-ssec.2) A regulation may make provision for the control and management of the precincts of the District Court other than precincts that are Supreme Court precincts under the Supreme Court of Queensland Act 1991 .","sortOrder":202},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":203},{"sectionNumber":"sec.132","sectionType":"section","heading":"References to District Courts","content":"### sec.132 References to District Courts\n\nIn another Act, a reference to a District Court is a reference to a District Court within the meaning of this Act.\nFor an Act passed before the commencement of this Act, subsection (1) has effect even though the reference is expressed to relate to a District Court within the meaning of another Act.\ns 132 ins 1989 No. 40 s 16\nsub 1995 No. 23 s 10 sch 1\n(sec.132-ssec.1) In another Act, a reference to a District Court is a reference to a District Court within the meaning of this Act.\n(sec.132-ssec.2) For an Act passed before the commencement of this Act, subsection (1) has effect even though the reference is expressed to relate to a District Court within the meaning of another Act.","sortOrder":204},{"sectionNumber":"sec.133","sectionType":"section","heading":"References to District Courts Act 1958","content":"### sec.133 References to District Courts Act 1958\n\nIn an Act or document, a reference to the District Courts Act 1958 may, if the context permits, be taken to be a reference to this Act.\ns 133 ins 1995 No. 58 s 4 sch 1","sortOrder":205},{"sectionNumber":"sec.134","sectionType":"section","heading":"References to District Courts (Venue of Appeals) Act 1988","content":"### sec.134 References to District Courts (Venue of Appeals) Act 1988\n\nIn an Act or document, a reference to the District Courts (Venue of Appeals) Act 1988 may, if the context permits, be taken to be a reference to this Act.\ns 134 ins 1995 No. 58 s 4 sch 1","sortOrder":206},{"sectionNumber":"sec.135","sectionType":"section","heading":"Transitional references to chairperson etc.","content":"### sec.135 Transitional references to chairperson etc.\n\nA reference in another Act to the chairperson of District Courts or a deputy chairperson of District Courts is, for anything done, or proposed to be done, after 3 June 1993, taken to be a reference to the Chief Judge of District Courts or a senior judge of District Courts.\ns 135 ins 1993 No. 76 s 3 sch 1","sortOrder":207},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 ins 1995 No. 23 s 15\nexp 12 April 1998 (see s 136(5))\nAIA s 20A applies (see s 136(4))\nom 1998 No. 20 s 27 sch 2 (amdt could not be given effect)","sortOrder":208},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 prev s 137 ins 1996 No. 4 s 8\nexp 8 December 1996 (see s 137(3))\nAIA s 20A applies (see s 137(2))\npres s 137 ins 1996 No. 32 s 7\nexp 31 December 2012 (see s 137(2))","sortOrder":209},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 ins 1997 No. 38 s 50\nexp 1 August 1999 (see s 138(3))","sortOrder":210},{"sectionNumber":"sec.139","sectionType":"section","heading":"Transitional—establishment of the District Court","content":"### sec.139 Transitional—establishment of the District Court\n\nOn the commencement of part 2, division 1—\nthe District Courts in existence on the commencement (the previous District Courts ) are amalgamated into the District Court; and\nthe places at which the previous District Courts were held are the places at which the District Court is to be held; and\nthe district assigned to a previous District Court held at a place is the district for the District Court to be held at the place; and\nany jurisdiction or power of the previous District Courts or a judge of a previous District Court or the previous District Courts becomes jurisdiction or power of the District Court or a judge of the District Court; and\nanything else done or existing in relation to a previous District Court continues, and is taken to be done or existing in relation to the District Court or the corresponding district of the District Court; and\na proceeding pending in a previous District Court is to be continued in the District Court at the place at which it would have continued if part 2, division 1 had not been enacted; and\neach judge of a previous District Court or the previous District Courts becomes a judge of the District Court; and\nthe Chief Judge of District Courts becomes the Chief Judge of the District Court.\nPart 2, division 1 does not affect—\nany appointment, subject to the name changes mentioned in subsection (1)(g) and (h); or\nthe seniority of a judge; or\nany principle or rule of law or equity; or\nany right, privilege or liability.\nIn an Act or document, if the context permits—\na reference to the District Courts Act 1967 is taken to be a reference to the District Court Act 1967 ; and\na reference to the District Courts Rules 1968 is taken to be a reference to the District Court Rules 1968 ; and\na reference to a District Court or the District Courts is taken to be a reference to the District Court; and\na reference to a District Court held at a place is a reference to the District Court held at the place; and\na reference to a judge of a District Court or to a judge of District Courts is taken to be a reference to a judge of the District Court; and\na reference to the Chief Judge of District Courts is a reference to the Chief Judge of the District Court.\ns 139 ins 1997 No. 82 s 34\n(sec.139-ssec.1) On the commencement of part 2, division 1— the District Courts in existence on the commencement (the previous District Courts ) are amalgamated into the District Court; and the places at which the previous District Courts were held are the places at which the District Court is to be held; and the district assigned to a previous District Court held at a place is the district for the District Court to be held at the place; and any jurisdiction or power of the previous District Courts or a judge of a previous District Court or the previous District Courts becomes jurisdiction or power of the District Court or a judge of the District Court; and anything else done or existing in relation to a previous District Court continues, and is taken to be done or existing in relation to the District Court or the corresponding district of the District Court; and a proceeding pending in a previous District Court is to be continued in the District Court at the place at which it would have continued if part 2, division 1 had not been enacted; and each judge of a previous District Court or the previous District Courts becomes a judge of the District Court; and the Chief Judge of District Courts becomes the Chief Judge of the District Court.\n(sec.139-ssec.2) Part 2, division 1 does not affect— any appointment, subject to the name changes mentioned in subsection (1)(g) and (h); or the seniority of a judge; or any principle or rule of law or equity; or any right, privilege or liability.\n(sec.139-ssec.3) In an Act or document, if the context permits— a reference to the District Courts Act 1967 is taken to be a reference to the District Court Act 1967 ; and a reference to the District Courts Rules 1968 is taken to be a reference to the District Court Rules 1968 ; and a reference to a District Court or the District Courts is taken to be a reference to the District Court; and a reference to a District Court held at a place is a reference to the District Court held at the place; and a reference to a judge of a District Court or to a judge of District Courts is taken to be a reference to a judge of the District Court; and a reference to the Chief Judge of District Courts is a reference to the Chief Judge of the District Court.\n- (a) the District Courts in existence on the commencement (the previous District Courts ) are amalgamated into the District Court; and\n- (b) the places at which the previous District Courts were held are the places at which the District Court is to be held; and\n- (c) the district assigned to a previous District Court held at a place is the district for the District Court to be held at the place; and\n- (d) any jurisdiction or power of the previous District Courts or a judge of a previous District Court or the previous District Courts becomes jurisdiction or power of the District Court or a judge of the District Court; and\n- (e) anything else done or existing in relation to a previous District Court continues, and is taken to be done or existing in relation to the District Court or the corresponding district of the District Court; and\n- (f) a proceeding pending in a previous District Court is to be continued in the District Court at the place at which it would have continued if part 2, division 1 had not been enacted; and\n- (g) each judge of a previous District Court or the previous District Courts becomes a judge of the District Court; and\n- (h) the Chief Judge of District Courts becomes the Chief Judge of the District Court.\n- (a) any appointment, subject to the name changes mentioned in subsection (1)(g) and (h); or\n- (b) the seniority of a judge; or\n- (c) any principle or rule of law or equity; or\n- (d) any right, privilege or liability.\n- (a) a reference to the District Courts Act 1967 is taken to be a reference to the District Court Act 1967 ; and\n- (b) a reference to the District Courts Rules 1968 is taken to be a reference to the District Court Rules 1968 ; and\n- (c) a reference to a District Court or the District Courts is taken to be a reference to the District Court; and\n- (d) a reference to a District Court held at a place is a reference to the District Court held at the place; and\n- (e) a reference to a judge of a District Court or to a judge of District Courts is taken to be a reference to a judge of the District Court; and\n- (f) a reference to the Chief Judge of District Courts is a reference to the Chief Judge of the District Court.","sortOrder":211},{"sectionNumber":"sec.140","sectionType":"section","heading":"Transitional—change of name to District Court of Queensland","content":"### sec.140 Transitional—change of name to District Court of Queensland\n\nTo remove doubt, it is declared that changing the court’s name from the ‘District Court’ to the ‘District Court of Queensland’ does not affect the following—\nany jurisdiction or power of the court or 1 or more judges of the court;\nanything done or existing in relation to the court;\na proceeding pending in the court;\nany appointment;\nthe seniority of a judge;\nany principle or rule of law or equity;\nany right, privilege or liability.\nSee also the Constitution of Queensland 2001 , section 89.\nIf, before the commencement of this section, there is a reference in an Act or document to the District Court Act 1967 , then, from the commencement, if the context permits, the reference is taken to be a reference to the District Court of Queensland Act 1967 .\nIf, before the commencement of this section, there is a reference in an Act or document to the District Court, including a reference to the District Court by virtue of section 139, then, from the commencement, if the context permits, the reference is taken to be a reference to the District Court of Queensland.\ns 140 ins 2001 No. 80 s 94 sch 2\n(sec.140-ssec.1) To remove doubt, it is declared that changing the court’s name from the ‘District Court’ to the ‘District Court of Queensland’ does not affect the following— any jurisdiction or power of the court or 1 or more judges of the court; anything done or existing in relation to the court; a proceeding pending in the court; any appointment; the seniority of a judge; any principle or rule of law or equity; any right, privilege or liability. See also the Constitution of Queensland 2001 , section 89.\n(sec.140-ssec.2) If, before the commencement of this section, there is a reference in an Act or document to the District Court Act 1967 , then, from the commencement, if the context permits, the reference is taken to be a reference to the District Court of Queensland Act 1967 .\n(sec.140-ssec.3) If, before the commencement of this section, there is a reference in an Act or document to the District Court, including a reference to the District Court by virtue of section 139, then, from the commencement, if the context permits, the reference is taken to be a reference to the District Court of Queensland.\n- (a) any jurisdiction or power of the court or 1 or more judges of the court;\n- (b) anything done or existing in relation to the court;\n- (c) a proceeding pending in the court;\n- (d) any appointment;\n- (e) the seniority of a judge;\n- (f) any principle or rule of law or equity;\n- (g) any right, privilege or liability. Note— See also the Constitution of Queensland 2001 , section 89.","sortOrder":212},{"sectionNumber":"sec.141","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation (Miscellaneous Provisions) Act 2002","content":"### sec.141 Transitional provision for Justice and Other Legislation (Miscellaneous Provisions) Act 2002\n\nAn appointment of a person under section 36 as in force immediately before the amendment of that section by the Justice and Other Legislation (Miscellaneous Provisions) Act 2002 , section 12 , continues to have effect as if section 12 had not been enacted.\ns 141 (prev s 140) ins 2002 No. 34 s 14\nreloc and renum 2003 No. 19 s 3 sch","sortOrder":213},{"sectionNumber":"sec.142","sectionType":"section","heading":"Transitional provision for Criminal Code and Other Acts Amendment Act 2008","content":"### sec.142 Transitional provision for Criminal Code and Other Acts Amendment Act 2008\n\nSection 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 61 included a reference to the Criminal Code, sections 64 and 65 as in force at any time before their repeal by the Criminal Code and Other Acts Amendment Act 2008 .\nSection 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 319 included a reference to the Criminal Code, section 319A as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .\ns 142 ins 2008 No. 55 s 150 sch\n(sec.142-ssec.1) Section 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 61 included a reference to the Criminal Code, sections 64 and 65 as in force at any time before their repeal by the Criminal Code and Other Acts Amendment Act 2008 .\n(sec.142-ssec.2) Section 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 319 included a reference to the Criminal Code, section 319A as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .","sortOrder":214},{"sectionNumber":"sec.143","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—notice to witness","content":"### sec.143 Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—notice to witness\n\nThis section applies if, before the commencement of this section, a witness is given a notice to witness in relation to a person committed for trial.\nSections 29 and 63, as in force immediately before the commencement of this section, continue to have effect in relation to the notice to witness until—\nthe proceeding in relation to the accused person is concluded; or\nthe court otherwise directs; or\n3 years after the commencement of this section;\nwhichever happens first.\ns 143 ins 2008 No. 59 s 45\n(sec.143-ssec.1) This section applies if, before the commencement of this section, a witness is given a notice to witness in relation to a person committed for trial.\n(sec.143-ssec.2) Sections 29 and 63, as in force immediately before the commencement of this section, continue to have effect in relation to the notice to witness until— the proceeding in relation to the accused person is concluded; or the court otherwise directs; or 3 years after the commencement of this section; whichever happens first.\n- (a) the proceeding in relation to the accused person is concluded; or\n- (b) the court otherwise directs; or\n- (c) 3 years after the commencement of this section;","sortOrder":215},{"sectionNumber":"sec.144","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—principal registrar","content":"### sec.144 Transitional provision for Justice and Other Legislation Amendment Act 2008, pt 10—principal registrar\n\nThis section applies if, immediately before the commencement of this section, a person held appointment as a principal registrar, whether under this Act or under the Public Service Act 2008 for the purposes of this Act.\nThe person continues to hold appointment as a principal registrar under this Act after the commencement in accordance with the person’s instrument of appointment.\ns 144 ins 2008 No. 59 s 45\n(sec.144-ssec.1) This section applies if, immediately before the commencement of this section, a person held appointment as a principal registrar, whether under this Act or under the Public Service Act 2008 for the purposes of this Act.\n(sec.144-ssec.2) The person continues to hold appointment as a principal registrar under this Act after the commencement in accordance with the person’s instrument of appointment.","sortOrder":216},{"sectionNumber":"sec.145","sectionType":"section","heading":"Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—civil jurisdiction","content":"### sec.145 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—civil jurisdiction\n\nSections 68, 75 and 118, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , apply only to actions, matters or proceedings commenced after the commencement of this section.\ns 145 ins 2010 No. 26 s 55\n(sec.145-ssec) Sections 68, 75 and 118, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , apply only to actions, matters or proceedings commenced after the commencement of this section.","sortOrder":217},{"sectionNumber":"sec.146","sectionType":"section","heading":"Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—criminal jurisdiction","content":"### sec.146 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010—criminal jurisdiction\n\nSection 61, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section.\nFor subsection (1), it does not matter when the offence was committed.\nIn this section—\noriginating step , for a proceeding, means—\nthe arrest of the defendant in the proceeding; or\nthe making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\nthe serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382.\ns 146 ins 2010 No. 26 s 55\n(sec.146-ssec.1) Section 61, as amended by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , applies in relation to a charge for an offence only if an originating step for the proceeding for the charge is taken on or after the commencement of this section.\n(sec.146-ssec.2) For subsection (1), it does not matter when the offence was committed.\n(sec.146-ssec.3) In this section— originating step , for a proceeding, means— the arrest of the defendant in the proceeding; or the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382.\n- (a) the arrest of the defendant in the proceeding; or\n- (b) the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or\n- (c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382.","sortOrder":218},{"sectionNumber":"sec.147","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2010","content":"### sec.147 Transitional provision for Justice and Other Legislation Amendment Act 2010\n\nTo remove any doubt, it is declared that an appointment of an associate to a judge that is in force under section 36 immediately before the section is replaced by a new section 36 under the Justice and Other Legislation Amendment Act 2010 , section 32 (Replacement of s 36), is taken, from the replacement, to continue in force as if it had been made by the Chief Judge under the new section 36.\nThis section does not limit the Acts Interpretation Act 1954 , section 20B.\ns 147 ins 2010 No. 42 s 36\n(sec.147-ssec.1) To remove any doubt, it is declared that an appointment of an associate to a judge that is in force under section 36 immediately before the section is replaced by a new section 36 under the Justice and Other Legislation Amendment Act 2010 , section 32 (Replacement of s 36), is taken, from the replacement, to continue in force as if it had been made by the Chief Judge under the new section 36.\n(sec.147-ssec.2) This section does not limit the Acts Interpretation Act 1954 , section 20B.","sortOrder":219},{"sectionNumber":"sec.148","sectionType":"section","heading":"Transitional provision for Civil Proceedings Act 2011—bailiff’s assistants","content":"### sec.148 Transitional provision for Civil Proceedings Act 2011—bailiff’s assistants\n\nFor the purposes of section 47, a reference to a bailiff includes a reference to a bailiff’s assistant appointed under section 41 as in force immediately before the commencement of the Civil Proceedings Act 2011 , section 128.\ns 148 ins 2011 No. 45 s 144","sortOrder":220},{"sectionNumber":"sec.149","sectionType":"section","heading":"Outdated references","content":"### sec.149 Outdated references\n\nIn an Act or document, in the context of the District Court and if otherwise appropriate, a reference to a thing mentioned in column 1 of the following table is taken to be a reference to the corresponding thing in column 2 of the table—\ncolumn 1\ncolumn 2\nplaint or plaint and summons\nclaim\nchambers\ncourt\naction\nproceeding\nDistrict Court Rules 1968\nUniform Civil Procedure Rules 1999\ntaxation\nassessment of costs\nparty and party costs\ncosts on the standard basis\nsolicitor and client costs\ncosts on the indemnity basis\ns 149 ins 2011 No. 45 s 144","sortOrder":221},{"sectionNumber":"sec.150","sectionType":"section","heading":"Transitional provision for Justice and Other Legislation Amendment Act 2013","content":"### sec.150 Transitional provision for Justice and Other Legislation Amendment Act 2013\n\nSection 113, as amended by the Justice and Other Legislation Amendment Act 2013 , applies only to actions, matters or proceedings commenced after the commencement of the section.\ns 150 ins 2013 No. 35 s 64","sortOrder":222},{"sectionNumber":"sec.151","sectionType":"section","heading":"Transitional provision for Health and Other Legislation Amendment Act 2016","content":"### sec.151 Transitional provision for Health and Other Legislation Amendment Act 2016\n\nSection 61 applies as if the reference in section 61(2)(b) to the Criminal Code, section 215 included a reference to the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 .\ns 151 ins 2016 No. 50 s 40 sch 1","sortOrder":223},{"sectionNumber":"sec.152","sectionType":"section","heading":"Transitional provision for Respect at Work and Other Matters Amendment Act 2024","content":"### sec.152 Transitional provision for Respect at Work and Other Matters Amendment Act 2024\n\nAmended section 28AA is taken to have always applied in relation to a judge’s performance or exercise of a function or power as a judge.\nHowever, subsection (1) does not apply for the purposes of a proceeding against a judge started before the introduction day.\nIn this section—\namended section 28AA means section 28AA as amended by the Respect at Work and Other Matters Amendment Act 2024 .\nintroduction day means the day the Bill for the Respect at Work and Other Matters Amendment Act 2024 was introduced into the Legislative Assembly.\ns 152 ins 2024 No. 47 s 62\n(sec.152-ssec.1) Amended section 28AA is taken to have always applied in relation to a judge’s performance or exercise of a function or power as a judge.\n(sec.152-ssec.2) However, subsection (1) does not apply for the purposes of a proceeding against a judge started before the introduction day.\n(sec.152-ssec.3) In this section— amended section 28AA means section 28AA as amended by the Respect at Work and Other Matters Amendment Act 2024 . introduction day means the day the Bill for the Respect at Work and Other Matters Amendment Act 2024 was introduced into the Legislative Assembly.","sortOrder":224},{"sectionNumber":"pt.1-oc.2","sectionType":"part","heading":null,"content":"","sortOrder":225}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has undergone significant scope changes since its 1967 enactment. Originally a more straightforward court establishment Act, it has grown in scope through multiple amendments to: introduce and then remove ADR (alternative dispute resolution) mechanisms (1995–2011); increase the civil monetary jurisdiction limit (now $750,000); create a new Judge Administrator role (2008); introduce a reserve judge system for retired judges (2024); clarify criminal jurisdiction over specific high-penalty offences; address jurisdiction over children; and modernise enforcement warrant and bailiff liability frameworks. The 2024 amendments (No. 47) represent a notable recent expansion, creating an entirely new reserve judge category with its own eligibility, appointment and engagement rules."},"complexity_factors":["Extensive cross-referencing to multiple other Queensland Acts (Criminal Code, Drugs Misuse Act, Civil Proceedings Act 2011, Penalties and Sentences Act 1992, Youth Justice Act 1992, Jury Act 1995, Legal Profession Act 2007, Public Sector Act 2022, Judges (Pensions and Long Leave) Act 1957, etc.)","Long and technically detailed civil jurisdiction provisions listing numerous categories of claims, each with its own monetary threshold conditions","Criminal jurisdiction exceptions in section 61 require cross-checking a lengthy list of specific Criminal Code section numbers to determine whether the court has jurisdiction","Layered judge appointment framework with multiple categories: Chief Judge, Judge Administrator, acting judges, reserve judges, and retired District Court judges — each with different eligibility rules, age limits and appointment mechanisms","Highly amended legislation (since 1967) with many sections omitted, substituted or renumbered, creating discontinuities in section numbering that make it harder to follow","Prerogative writ provisions (certiorari, mandamus, prohibition) use archaic legal concepts that require specialist legal knowledge to understand","Multiple interacting age limits and tenure rules for judges (retirement at 70, acting judge appointments, reserve judges up to 78) with carve-outs for part-heard proceedings","Parallel court officer structure where Supreme Court and Magistrates Court officers can be deemed to be District Court officers in certain circumstances, creating complexity about who has authority where"],"plain_english_summary":"## District Court of Queensland Act 1967\n\n### What is this law?\nThis Act establishes and governs the **District Court of Queensland** — the middle tier of Queensland's court system, sitting between the Magistrates Court (lower) and the Supreme Court (higher).\n\n### Who does it affect?\nThis law affects virtually **everyone in Queensland** who has a legal dispute or faces criminal charges serious enough for the District Court, including:\n- **Accused persons** facing serious criminal charges (but not the most serious, which go to the Supreme Court)\n- **People in civil disputes** involving amounts up to **$750,000**\n- **Judges, court officers, bailiffs and registrars** who work in the court system\n- **Lawyers** representing clients in the court\n\n### What does it actually do?\n\n**Sets up the court structure:**\n- Establishes the District Court as a formal court of record with civil AND criminal jurisdiction throughout all of Queensland\n- Allows the court to sit at multiple locations simultaneously across the State\n- Creates a geographic district system (areas of responsibility) tied to Magistrates Court districts\n\n**Governs judges:**\n- Judges are appointed by the Governor in Council (the Premier and Cabinet, effectively)\n- Judges must retire at **age 70**, but can continue to finish cases already started\n- A new \"reserve judge\" system (added in 2024) allows retired judges up to age 78 to be called back to help with the court's workload\n- Judges cannot practise as lawyers while on the bench\n- Judges have the same legal protections as Supreme Court judges — they cannot be personally sued for decisions made in their judicial role\n\n**Criminal jurisdiction (what criminal cases it can hear):**\n- The court handles **serious criminal offences** tried by a judge and jury\n- It generally cannot handle offences carrying a maximum penalty of **more than 20 years** imprisonment — those go to the Supreme Court\n- However, specific exceptions exist for certain sexual offences, property crimes, and drug offences listed in the Criminal Code and Drugs Misuse Act, even if they carry heavier penalties\n- The court generally **cannot try children** (under 18s) — those cases go to the Youth Justice system, with narrow exceptions\n\n**Civil jurisdiction (money and property disputes):**\n- Handles civil disputes (lawsuits between people or businesses) up to a **$750,000 limit**\n- This covers a wide range of claims: debts, damages, contract disputes, property possession, trusts, deceased estates, family provision claims, fraud, and injunctions (court orders to stop someone doing something)\n- Interest is excluded when calculating whether a claim falls within the $750,000 limit\n\n**Court officers and administration:**\n- The **Chief Judge** oversees court administration\n- A **Judge Administrator** handles day-to-day listing and management of cases\n- Registrars keep court records, issue summonses, and handle court fees\n- Bailiffs serve documents, maintain order in court, and enforce court orders — but lawsuits against bailiffs must be brought against \"The Sheriff of Queensland\", not the bailiff personally\n\n**Appeals and oversight:**\n- The Supreme Court can review District Court decisions through writs of *certiorari* (a formal legal review process) and *prohibition* (a court order stopping a lower court from exceeding its powers)\n- These review mechanisms protect parties from errors or overreach by the District Court"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.2","severity":"medium","reasoning":"The suspension power in sec.2 applies to 'a district', but districts only exist because of sec.7. If sec.7 is suspended for a district, the district ceases to exist, making the suspension self-defeating. More broadly, if the Act itself is suspended for a district, the court's jurisdiction, registry, and officer provisions also cease — yet the regulation enabling the suspension is itself made under the Act.","confidence":0.65,"description":"A regulation may suspend the operation of this Act (or any provision) for a district — but 'district' is defined in sec.3 as a district declared under sec.7, which itself depends on a regulation made under this Act. If the Act is suspended for a district, the provision creating the district may also be suspended, potentially dissolving the district whose suspension was being declared."},{"type":"self_contradicting","section":"sec.3 (definition of 'retired District Court judge')","severity":"medium","reasoning":"The definition omits any express requirement that the person has ceased to hold judicial office. A judge currently serving who meets both conditions could arguably fall within the definition, creating an absurd result where a sitting judge could be appointed as a 'retired' judge under sec.17(3) while still serving.","confidence":0.7,"description":"The definition of 'retired District Court judge' requires only that the person 'has been a judge of the District Court' and 'has not reached 78 years of age'. It does not require that the person has actually retired. A sitting judge who is still on the bench and has not reached 78 technically satisfies both limbs and could therefore qualify as a 'retired District Court judge'."},{"type":"impossible_compliance","section":"sec.6(2)","severity":"medium","reasoning":"The court is constituted by a single judge (sec.5(2)). For the court 'as constituted by any of its members' to sit in more than one place simultaneously, different members would need to constitute separate instances of the court — but the section attributes this multi-place sitting capacity to a single constitution. The drafting conflates the institution with its individual constitution.","confidence":0.6,"description":"The District Court 'as constituted by any of its members may sit in more than 1 place at the same time.' However, sec.5(2) provides that the court is constituted by any one of its members. A single member cannot physically sit in more than one place simultaneously, making simultaneous multi-place sitting by a single constituted court impossible in practice."},{"type":"other","section":"sec.14(2)(a)","severity":"low","reasoning":"Complex or lengthy proceedings could theoretically keep a post-retirement judge in office indefinitely for that proceeding. While practically manageable, the absence of any cap creates an open-ended exception to the mandatory retirement provision.","confidence":0.55,"description":"A judge who starts a hearing before retiring 'remains a judge for the purposes of finishing the proceeding' even after reaching age 70. There is no temporal limit on how long this extension may last, potentially allowing a retired judge to remain 'a judge' for purposes of a single proceeding for years or indefinitely."},{"type":"self_contradicting","section":"sec.17(5) and sec.17(7)","severity":"medium","reasoning":"The age cap of 78 in sec.17(5) is expressed as an absolute limit, but sec.17(7) defeats it for in-progress proceedings with no upper age bound. This mirrors the retirement tension in sec.14 but with the added concern that 78 is already the outer limit for these judges, making the override more significant.","confidence":0.75,"description":"Section 17(5) states that a retired District Court judge's appointment under sec.17(3) must not extend beyond the day the judge reaches 78 years. Section 17(7) then states that despite sec.17(5), a retired District Court judge who starts a hearing before the commission ends remains a judge to finish the proceeding. This creates a situation where a judge over 78 may continue to exercise judicial power, directly overriding the age cap."},{"type":"self_contradicting","section":"sec.18(3) and sec.18(4)","severity":"medium","reasoning":"Same structural problem as sec.17(5)/(7). The 'despite' carve-out in sec.18(4) allows post-age-limit continuation, undermining the mandatory retirement framework. For a retired Supreme Court judge serving as a reserve judge, the age limit is 70 — the same as the general retirement age — so the override is particularly significant.","confidence":0.75,"description":"Section 18(3) states a reserve judge's appointment ends on the earlier of the stated day (max 5 years) or the day the judge reaches the relevant age limit (70 or 78). Section 18(4) then provides that despite sec.18(3), a reserve judge who starts a hearing before the commission ends remains a reserve judge to finish the proceeding — again allowing exercise of judicial power beyond the mandatory age limit."},{"type":"impossible_compliance","section":"sec.18(2)(b)","severity":"low","reasoning":"The eligibility criteria for non-Queensland retired judges under sec.18(2)(b) imposes an age cap of 70 that effectively excludes most retired judges from other jurisdictions who retired at or near 70. While not logically impossible, it renders the category nearly vacuous in practice.","confidence":0.5,"description":"A person who has been (but is no longer) a judge of a supreme court, district court or county court of another State, or the Federal Court, is eligible for appointment as a reserve judge — but only if the person has not reached 70. However, such a person may have left judicial office precisely because they reached the retirement age (typically 70) in that other jurisdiction, making it practically impossible for most retired interstate judges to qualify."},{"type":"self_contradicting","section":"sec.26","severity":"high","reasoning":"After the 2011 substitution of sec.25, the mechanism for certifying incapacity shifted to the Chief Judge or Judge Administrator (sec.25(2)). Section 26 was not updated and still refers to the Chief Justice's certificate, creating a mismatch. The 'prima facie evidence' provision in sec.26 may therefore apply to a certificate that sec.25 no longer contemplates.","confidence":0.85,"description":"Section 26 refers to 'the last preceding section' for proof of incapacity, which would be sec.25. However, sec.25 (as substituted in 2011) provides for incapacity certificates issued by the Chief Judge or Judge Administrator — not the Chief Justice. Section 26 still refers to a 'certificate of the Chief Justice', creating a conflict with the current text of sec.25 and rendering sec.26 potentially inoperative or redundant."},{"type":"other","section":"sec.50(2)","severity":"low","reasoning":"While not a logical contradiction, a $20 maximum fine for officer misconduct (including extortion) is so disproportionately low as to be absurd in contemporary terms and provides no realistic deterrent or punitive effect.","confidence":0.9,"description":"The maximum fine imposable on a registrar, bailiff or other officer for misconduct is $20 — a figure set in 1967 and never updated. In 2024 dollars this is trivially small and provides no meaningful deterrent, rendering the penalty provision practically nugatory."},{"type":"other","section":"sec.28B(2)","severity":"low","reasoning":"The combination of 'may' in sec.28B(2) and the conditional in sec.28E(2)(b) creates two classes of appointment: time-limited and indefinite. The indefinite appointment class has no end mechanism other than ceasing to be a judge or vacating under sec.28E(2)(a), which may not align with policy intent.","confidence":0.6,"description":"The appointment of a Judge Administrator 'may be for a term, of not less than 5 years'. The word 'may' suggests the appointment can also be made without a stated term. However, sec.28E(2)(b) provides that if the Judge Administrator 'was appointed for a stated term', the office ends when the term ends — implying that an appointment without a stated term does not end in this way. Read with sec.28E(1), such a Judge Administrator holds office indefinitely while remaining a judge, with no mechanism for term expiry."},{"type":"self_contradicting","section":"sec.28A and sec.28F","severity":"medium","reasoning":"The structural subordination ('subject to section 28A') does not resolve operational conflicts about which officer's directions prevail in day-to-day administration. Section 28F(2) requires the Judge Administrator to 'consult' the Chief Judge, but consultation does not require agreement, leaving genuine dual-authority tensions unresolved.","confidence":0.65,"description":"Both the Chief Judge (sec.28A) and the Judge Administrator (sec.28F) are made 'responsible for the administration of the District Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the District Court'. Section 28F is expressed as 'Subject to section 28A', but both are given substantially identical responsibilities and powers, creating potential for conflicting directions with no clear resolution mechanism beyond the subordination clause."},{"type":"other","section":"sec.45(3)","severity":"low","reasoning":"Payment on issue rather than on completion of enforcement means the bailiff receives remuneration regardless of whether enforcement is successful. Combined with sec.46's liability for neglect, this creates an internal tension in the enforcement incentive structure.","confidence":0.55,"description":"Bailiff fees for enforcing an enforcement warrant 'must be paid by the registrar to the bailiff on the issue of the enforcement warrant' — that is, before the bailiff has done anything. The bailiff is paid upfront for work not yet performed, and sec.46 then makes the bailiff liable for damages for failing to levy execution. The pre-payment structure creates a perverse incentive and sits oddly with the liability regime."}],"contradictions":[{"severity":"high","section_a":"sec.25(2)","section_b":"sec.26","confidence":0.9,"description":"Section 25(2) (substituted 2011) provides that incapacity of a judge is certified by the Chief Judge or Judge Administrator by way of an 'incapacity certificate'. Section 26 provides that the 'certificate of the Chief Justice' is prima facie evidence of a judge's incapacity for the purposes of 'the last preceding section' (i.e. sec.25). The two sections now name different certifying officers, creating a direct contradiction as to who may certify incapacity."},{"severity":"medium","section_a":"sec.14(1)","section_b":"sec.17(3) and sec.17(5)","confidence":0.7,"description":"Section 14(1) requires judges to retire at 70. Section 17(3) and (5) permit retired District Court judges (who are post-retirement) to be appointed to act as judges until age 78. While sec.14(2)(b) acknowledges this, the scheme allows persons who have compulsorily retired at 70 to exercise full judicial power for up to 8 more years, significantly undermining the policy of mandatory retirement at 70."},{"severity":"low","section_a":"sec.14(1)","section_b":"sec.18(3)(b)(ii)","confidence":0.6,"description":"Section 14(1) mandates retirement at 70. Section 18(3)(b)(ii) allows a reserve judge who is not a retired District Court judge (e.g. a retired interstate judge or Federal Court judge) to serve until age 70 — meaning they may be appointed and serve right up to the same mandatory retirement age that applies to sitting judges, without the 78-year extended limit available to retired District Court judges. This creates an inconsistent age framework depending on the judge's origin."},{"severity":"high","section_a":"sec.17(5)","section_b":"sec.17(7)","confidence":0.85,"description":"Section 17(5) states that an appointment under sec.17(3) 'must not extend beyond the day the retired District Court judge reaches 78 years of age' — an absolute prohibition. Section 17(7) states that 'despite subsection (5)', a retired judge who has started a hearing continues as a judge beyond that date to finish the proceeding. The 'must not' in sec.17(5) is directly contradicted by the 'despite' override in sec.17(7)."},{"severity":"high","section_a":"sec.18(3)","section_b":"sec.18(4)","confidence":0.85,"description":"Section 18(3) states a reserve judge's appointment ends on the earlier of the stated day or the relevant age limit — expressed as an automatic termination. Section 18(4) provides that 'despite subsection (3)', a reserve judge who has started a hearing remains a reserve judge beyond those limits to finish the proceeding. The automatic termination in sec.18(3) is directly contradicted by the continuation provision in sec.18(4)."},{"severity":"medium","section_a":"sec.28(1) (removal of actions)","section_b":"sec.29","confidence":0.6,"description":"Section 28 provides that a judgment or action 'shall not be removed... into another court, save and except in the manner and according to the provisions of this Act'. Section 29 then provides for removal by writ of certiorari to the Supreme Court — a mechanism that arguably exists under the Supreme Court's inherent jurisdiction and the Judicial Review Act 1991, not purely under 'the provisions of this Act'. The cross-reference to sec.41 of the Judicial Review Act 1991 in sec.29 acknowledges an external removal mechanism, potentially undermining sec.28's exclusivity."},{"severity":"low","section_a":"sec.3 (definition of 'district')","section_b":"sec.8A","confidence":0.5,"description":"Section 3 defines 'district' as a district declared under sec.7, suggesting the court's geographical operation is organised around declared districts. Section 8A gives the District Court 'jurisdiction throughout Queensland', while sec.6 allows the court to be constituted 'at any place'. The district concept is used for administrative and procedural purposes (e.g. sec.21 adjournments within a district, sec.63 venue), but the statewide jurisdiction in sec.8A means the district boundaries have limited substantive effect, creating a structural redundancy."},{"severity":"low","section_a":"sec.36(1)","section_b":"sec.35B","confidence":0.65,"description":"Section 35B provides that the District Court Registry is 'under the control of the principal registrar'. Section 36(1) provides that the Governor in Council 'may' appoint a principal registrar — using permissive language that does not guarantee a principal registrar will always exist. If no principal registrar is appointed, the Registry has no designated controller under sec.35B, leaving a structural gap."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1967 Act created separate District Courts tied to specific locations with more limited jurisdiction. Successive amendments (notably 1997, 2001, 2010, 2011 and 2024) transformed it into a single statewide court (s.8A), expanded civil monetary limits from earlier lower thresholds to $750,000, added detailed criminal jurisdiction carve-outs (s.61), introduced modern tools such as video links (Part 7A), reserve judges (s.18), a Judge Administrator role (ss.28B–28F), preliminary disclosure orders (s.69A) and updated contempt powers (s.129), moving well beyond the initial focus on basic court establishment and venue."},"complexity_factors":["Extensive interpretation section (s.3) with over 40 defined terms, many of which have been inserted, substituted or omitted across decades of amendments","Heavy cross-referencing to at least 15 other statutes including the Criminal Code, Supreme Court of Queensland Act 1991, Uniform Civil Procedure Rules 1999, Justices Act 1886, Penalties and Sentences Act 1992 and Youth Justice Act 1992","Nested conditional logic in jurisdiction provisions (e.g. s.61 exceptions to the general 20-year penalty limit, s.68(3) rules for calculating monetary limits that exclude interest)","Multiple layers of transitional and savings provisions (ss.132–152) that preserve historical arrangements while updating names and structures","Division-by-division structure covering preliminary matters, court constitution, judges, registry, officers, criminal and civil jurisdiction, appeals, enforcement, video links and contempt, each with its own procedural exceptions"],"plain_english_summary":"**The District Court of Queensland Act 1967** creates and governs Queensland's main intermediate court, positioned between the Magistrates Court and the Supreme Court. It sets up a single statewide District Court made up of judges (including a Chief Judge and Judge Administrator), defines where and how the court sits (including in declared districts), and gives it authority to handle most civil disputes up to $750,000 (such as debt claims, property disputes, family provision orders, and some equitable matters) plus the majority of serious criminal trials (indictable offences, but not the most grave ones carrying maximum penalties over 20 years unless specific exceptions apply). The Act explains how judges are appointed, retire, or act temporarily; how registrars, bailiffs and other staff operate; rules for trials (including juries in criminal cases), appeals from lower courts, enforcement of judgments, and limited use of video links for prisoners. It also covers court administration, practice directions, contempt powers, and how the court interacts with rules like the Uniform Civil Procedure Rules. This law matters because it lets everyday people and the state resolve medium-to-large legal problems locally and efficiently without always needing the Supreme Court, while protecting judicial independence and ensuring fair processes."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s practical scope has been changed by later amendments and transitional provisions. Examples in the Act: the civil monetary jurisdiction and related rules are given in sec 68 (monetary limit $750,000) and subject to amendments noted in transitional section 145; criminal jurisdiction rules in sec 61 have been amended and are made subject to commencement rules in sec 146 (so amended criminal-jurisdiction thresholds apply only to proceedings started after the relevant commencement); judge-immunity provisions were amended and given retrospective effect as to application in sec 152; procedural innovations (video-link rules in secs 110A–110G) and new administrative roles (Judge Administrator and reserve-judge arrangements in secs 28B–28F and 18–18A) were added over time. The Act therefore does not operate exactly as first enacted: jurisdictional boundaries, appointment mechanisms, and procedural tools have been modified, and those changes are applied to new matters or with specified transitional limits (see secs 145–146, 152 and related transitional sections)."},"complexity_factors":["Extensive cross-references to other statutes (Criminal Code, Penalties and Sentences Act, Civil Proceedings Act, Judicial Remuneration Act, Supreme Court and Magistrates Court Acts) which affect scope and operation (see secs 61, 68, 69, 18, 28AA).","Multiple jurisdictional thresholds and exceptions (monetary limit $750,000 in sec 68; Magistrates Courts jurisdictional limit referenced in secs 75 and 118; criminal 20-year penalty rule with listed exceptions in sec 61).","Numerous appointment, acting and reserve-judge provisions with age and term limits and delegated powers (secs 10, 14, 17–18A, 36–36C).","Detailed procedural and administrative rules spanning registry duties, bailiff powers, record-keeping and enforcement (secs 35–39, 42–47, 123–124).","Separate procedural regimes and mandatory rules (video-link for detainees secs 110A–110G; jury and appeal pathways pts 4, 8, 9) increasing operational complexity.","Many transitional provisions and staged application of amendments which mean different rules can apply depending on when a proceeding began (secs 145–152 and other transitional sections).","Substantial judicial discretion (Chief Judge, Judge Administrator, individual judges) over case listing, venue, and use of procedural tools (secs 28A, 28F, 20, 21, 110C)."],"plain_english_summary":"# What this Act does (plain English)\n\n- Establishes and organises the District Court of Queensland and its staff, and sets out how the Court works day-to-day. Key administrative powers and duties are given to judicial office-holders (the Chief Judge and the Judge Administrator) and to court officers (registrars, bailiffs) so the Court can hear civil and criminal cases across the State. (See: sec 5, sec 28A, secs 28B–28F, secs 35–36, secs 41–45.)\n\n- Sets who appoints and manages judges and temporary or reserve judges, the rules on retirement and acting appointments, and protections for judges performing judicial functions. (See: secs 10, 17–19, 14, 18–18A, sec 28AA.)\n\n- Defines the Court’s criminal jurisdiction and limits: the District Court may try indictable offences generally (sec 60), but normally not offences with a maximum penalty over 20 years except for a listed set of offences where the District Court still has jurisdiction (sec 61). There are special rules about children and certain transferred matters (sec 61A; transitional rules in secs 145–146 apply to amended provisions).\n\n- Sets the Court’s civil jurisdiction and monetary limit: it hears a wide range of personal and property claims where the amount or value does not exceed $750,000 (the monetary limit). It lists specific kinds of claims the Court can determine (sec 68) and confirms the District Court has many of the same powers as the Supreme Court to grant remedies (sec 69).\n\n- Establishes procedural rules for hearings, venue, jury trials, appeals, and lists (commercial lists, transfer of appeals, and when appeals go to the Court of Appeal). Those include:\n  - Jury trial rules and when a jury may be required (sec 65; sec 75).\n  - How and when proceedings can be moved, adjourned or transferred between places and courts (secs 6, 20, 21, 25, 63, 64, 117).\n  - Appeal pathways: appeals from Magistrates Courts to the District Court and from the District Court to the Court of Appeal including thresholds and leave requirements (pts 8 and 9; secs 113–119, 118A–118B).\n\n- Provides concrete operational tools and limits:\n  - Registry arrangements and record-keeping duties are set out (secs 35, 35A, 35B, 37, 39).\n  - Bailiffs’ powers, duties, fees and protections are set out (secs 42–47). Fees received by registrars go into the consolidated fund, except bailiffs may retain prescribed fees (sec 128; sec 45).\n  - Use of video links for detainees in correctional institutions is authorised and regulated (parts 7A: secs 110A–110G).\n\n- Gives the Chief Judge power to make practice directions (sec 125) and the Governor in Council power to make regulations for matters the Act says may be regulated (sec 131).\n\nWhy it matters (mechanics, not policy)\n\n- Who pays: Court fees payable to registrars are paid into the consolidated fund (sec 128). Bailiffs receive and may retain prescribed fees for enforcement work (sec 45). If a money order is made against the Sheriff, the Treasurer pays the money order debt out of the consolidated fund and the State may recover from the bailiff except where the bailiff acted honestly and without negligence (sec 47).\n\n- Who decides and where discretion lies: the Governor in Council appoints the Chief Judge and may commission acting judges and reserve judges (secs 10, 17, 18). The Chief Judge and Judge Administrator run Court administration and have wide powers to organise business and listing (secs 28A, 28F). Judges have discretion over adjournments, venue changes, whether an individual hearing should proceed by video link (subject to mandatory video-link use for bail/remand appeals: sec 110C), and many interlocutory directions (secs 20, 21, 25, 110C, 110G).\n\n- Incentives and cost structure: litigants and the State face different cost streams. Parties fund litigation costs, registry fees and enforcement fees (secs 37, 45, 128). Some liabilities arising from bailiffs’ conduct are initially met from public funds (sec 47) but may be recovered from the officer if negligence is shown. Judges and reserve judges are paid under judicial remuneration arrangements; judges get travel allowances like Supreme Court judges (sec 11; sec 18 references Judicial Remuneration Act 2007).\n\n- Compliance burden and administration: registrars must keep detailed minutes, ledgers and accounts and may be audited (secs 37–39). Court officers and registrars are public service employees or appointed under the Act (secs 36, 41). Delegation and direction powers (secs 36A–36B, 35B) enable administrative distribution of work but concentrate responsibility in chief executive/principal registrar and the Chief Judge.\n\n- Trade-offs and implementation risks (mechanical effects to watch for):\n  - The Act uses cross-references and relies on other statutes (e.g. Criminal Code, Penalties and Sentences Act, Civil Proceedings Act, Judicial Remuneration Act), so changes elsewhere affect the District Court’s scope (see secs 61, 68, 69, 18). The Act also contains many transitional provisions that limit when amendments apply to new or existing matters (secs 145–146 and others).\n  - Administrative discretion (appointments, list management, venue changes, and use of video links) centralises practical decision-making in judicial office-holders and the chief executive—this makes efficient case management possible but means procedural outcomes depend on exercise of discretionary powers (secs 28A, 28F, 36–36C, 110C).\n  - The Act balances litigant choice and Court control: parties can consent to expand the Court’s jurisdiction in particular cases (consent jurisdiction, sec 72) or agree to finality on commercial-list judgments (sec 79), but other procedural limits (monetary limits, jury rules, mandatory video-link for detainee bail/remand) constrain private choice (secs 68, 75, 110C).\n\nPointers to immediate, concrete effects for users\n\n- If you are bringing or defending a civil claim and the claim or property value is at or below $750,000, the District Court is the primary forum (sec 68). If the amount or value is higher, the case may be in the Supreme Court unless parties consent under sec 72.\n- If charged with an indictable offence, check whether the offence’s maximum penalty is over 20 years and whether it is one of the exceptions listed in sec 61; that determines whether the District Court can try the case.\n- For detainees, bail and remand proceedings and certain appeals must use video-link facilities if available, and the court may order other proceedings to use them with consent (secs 110C–110G).\n\nSources: specific provisions cited above are from this Act: sec 5; secs 6–8B; secs 10–21; secs 25–31; sec 35–36D; secs 37–47; secs 52–64; secs 65–79; secs 68–72; secs 75–79; secs 110A–110G; secs 113–119; secs 125–131; secs 128, 145–152 (transitional and amendment application rules)."}},"importantCases":[],"_links":{"self":"/api/acts/district-court-of-queensland-act-1967","history":"/api/acts/district-court-of-queensland-act-1967/history","analysis":"/api/acts/district-court-of-queensland-act-1967/analysis","conflicts":"/api/acts/district-court-of-queensland-act-1967/conflicts","importantCases":"/api/acts/district-court-of-queensland-act-1967/important-cases","documents":"/api/acts/district-court-of-queensland-act-1967/documents"}}