{"id":"qld:act-1921-022","name":"Magistrates Courts Act 1921","slug":"magistrates-courts-act-1921","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 1921","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105769,"registerId":"qld-act-1921-022-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 Magistrates Courts Act 1921 .\ns 1 ins 1995 No. 23 s 17 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\naction includes an action and proceedings in replevin or interpleader and garnishee proceedings.\naction for a small debt ...\ns 2 def action for a small debt ins 1975 No. 23 s 3\namd 1982 No. 51 s 7 ; 1989 No. 40 s 18\nom 1998 No. 20 s 27 sch 2\nADR convenor ...\ns 2 def ADR convenor ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\nADR costs ...\ns 2 def ADR costs ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\nADR dispute ...\ns 2 def ADR dispute ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\nADR process ...\ns 2 def ADR process ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\napproval ...\ns 2 def approval ins 1997 No. 38 s 72 (1)\nom 2010 No. 42 s 155 (1)\ncase appraisal ...\ns 2 def case appraisal ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\ncase appraiser ...\ns 2 def case appraiser ins 1995 No. 23 s 18 (2)\nsub 2010 No. 42 s 155\nom 2011 No. 45 s 168 (1)\nconciliation process see section 42D .\ns 2 def conciliation process ins 2007 No. 23 s 57 (2)\nconciliator means a person approved as a conciliator under section 42S or 42T .\ns 2 def conciliator ins 2007 No. 23 s 57 (2)\ndispute , for part 5A , means a dispute that is the subject of an employment claim.\ns 2 def dispute ins 1995 No. 23 s 18 (2)\nsub 2007 No. 23 s 57 (1) – (2) ; 2011 No. 45 s 168\ndistrict means a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court.\ns 2 def district sub 1964 No. 32 s 3 sch ; 1993 No. 39 s 3 sch\nemployment claim see section 42B .\ns 2 def employment claim ins 2007 No. 23 s 57 (2)\nJustice ...\ns 2 def Justice om 1993 No. 39 s 3 sch\nlawyer means an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State.\ns 2 def lawyer ins 2004 No. 11 s 596 sch 1\namd 2007 No. 24 s 770 sch 1\nMagistrates Court ...\ns 2 def Magistrates Court or Court amd 1964 No. 32 s 3 sch\nom 1993 No. 39 s 3 sch\nMagistrates Courts jurisdiction Act ...\ns 2 def Magistrates Courts jurisdiction Act ins 1995 No. 58 s 4 sch 1\nom 1998 No. 20 s 27 sch 2\nmediation ...\ns 2 def mediation ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\nmediator ...\ns 2 def mediator ins 1995 No. 23 s 18 (2)\namd 1997 No. 38 s 72 (2)\nsub 2010 No. 42 s 155\nom 2011 No. 45 s 168 (1)\nMinister ...\ns 2 def Minister ins 1990 No. 80 s 3 sch 6\nom 1993 No. 39 s 3 sch\nminor claim ...\ns 2 def minor claim ins 1998 No. 20 s 27 sch 2\nom 2009 No. 24 s 1560\nminor debt claim ...\ns 2 def minor debt claim ins 1998 No. 20 s 27 sch 2\nom 2009 No. 24 s 1560\nparty means a party to a dispute.\ns 2 def party ins 1995 No. 23 s 18 (2)\nprescribed ...\ns 2 def prescribed om 1993 No. 39 s 3 sch\nprescribed limit means $150,000.\ns 2 def prescribed limit ins 2010 No. 26 s 98\nreferring court , for a conciliation process, means the Magistrates Court the registrar of which appointed a conciliator for the dispute.\ns 2 def referring court , for a conciliation process, ins 2007 No. 23 s 57 (2)\nreferring court, of a mediation or case appraisal ...\ns 2 def referring court , of a mediation or case appraisal, ins 1995 No. 23 s 18 (2)\nom 2011 No. 45 s 168 (1)\nreferring order ...\ns 2 def referring order ins 1995 No. 23 s 18 (2)\namd 2000 No. 46 s 3 sch\nom 2011 No. 45 s 168 (1)\nregistrar ...\ns 2 def registrar sub 1964 No. 32 s 3 sch\nom 1993 No. 39 s 3 sch\nrelevant organisation , for a person, means an organisation within the meaning of the Industrial Relations Act 2016 , schedule 5 , of which the person is a member or is eligible to become a member.\ns 2 def relevant organisation ins 2007 No. 23 s 57 (2)\namd 2016 No. 63 s 1157 sch 6\nrules means the Uniform Civil Procedure Rules 1999 .\ns 2 def rules ins 1995 No. 23 s 18 (2)\nsub 1998 No. 20 s 27 sch 2\namd 2010 No. 42 s 154 sch\nrules of court ...\ns 2 def rules of court om 1993 No. 39 s 3 sch\nSmall Debts Court ...\ns 2 def Small Debts Court ins 1995 No. 23 s 18 (2)\nom 1998 No. 20 s 27 sch 2\nthis Act ...\ns 2 def this Act om 1993 No. 39 s 3 sch\ns 2 amd 1995 No. 23 s 18 (1)","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Registrars","content":"### sec.3 Registrars\n\nA clerk of the court under the Justices Act 1886 is the registrar of each Magistrates Court held at each place for which the clerk is appointed.\ns 3 amd 1964 No. 32 s 3 sch\nsub 1993 No. 39 s 3 sch","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Principal clerk of courts is principal registrar","content":"### sec.3A Principal clerk of courts is principal registrar\n\nThere is to be a principal registrar of Magistrates Courts.\nThe principal clerk of courts appointed under the Justices Act 1886 , section 22D also holds appointment as the principal registrar of Magistrates Courts.\nThe principal registrar of Magistrates Courts may—\ndischarge the powers and functions of each registrar mentioned in section 3 ; and\ngive directions to each registrar mentioned in section 3 , and to any other officer employed in a registry of a Magistrates Court, about the discharge of the functions of the registrar or other officer.\ns 3A ins 2010 No. 26 s 99\n(sec.3A-ssec.1) There is to be a principal registrar of Magistrates Courts.\n(sec.3A-ssec.2) The principal clerk of courts appointed under the Justices Act 1886 , section 22D also holds appointment as the principal registrar of Magistrates Courts.\n(sec.3A-ssec.3) The principal registrar of Magistrates Courts may— discharge the powers and functions of each registrar mentioned in section 3 ; and give directions to each registrar mentioned in section 3 , and to any other officer employed in a registry of a Magistrates Court, about the discharge of the functions of the registrar or other officer.\n- (a) discharge the powers and functions of each registrar mentioned in section 3 ; and\n- (b) give directions to each registrar mentioned in section 3 , and to any other officer employed in a registry of a Magistrates Court, about the discharge of the functions of the registrar or other officer.","sortOrder":4},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Delegation by registrar","content":"### sec.3B Delegation by registrar\n\nA registrar of a Magistrates Court may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in a Magistrates 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 3B ins 2011 No. 45 s 169\n(sec.3B-ssec.1) A registrar of a Magistrates Court may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in a Magistrates Court registry.\n(sec.3B-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":5},{"sectionNumber":"sec.3C","sectionType":"section","heading":"Appointment of bailiffs and bailiff’s assistants","content":"### sec.3C Appointment of bailiffs and bailiff’s assistants\n\nA Magistrates Court shall from time to time appoint a bailiff or bailiffs for the service and execution of the process, judgments, and orders authorised by this Act.\nSuch bailiff or bailiffs shall receive to their own use the prescribed fees.\nA bailiff may appoint an appropriate person in writing to assist the bailiff.\nThe bailiff is responsible for the civil acts and defaults of the assistant in the discharge or purported discharge of the assistant’s duties as assistant.\nA registrar of a Magistrates Court may give directions to a bailiff or bailiff’s assistant appointed under this section about the discharge of the functions of the bailiff.\ns 3C (prev s 17) amd 1964 No. 32 s 3 sch ; 1995 No. 23 s 17 sch 2 ; 2000 No. 58 s 2 sch ; 2011 No. 45 s 172(1)–(2)\nreloc and renum 2011 No. 45 s 172 (3)\n(sec.3C-ssec.1) A Magistrates Court shall from time to time appoint a bailiff or bailiffs for the service and execution of the process, judgments, and orders authorised by this Act.\n(sec.3C-ssec.2) Such bailiff or bailiffs shall receive to their own use the prescribed fees.\n(sec.3C-ssec.3) A bailiff may appoint an appropriate person in writing to assist the bailiff.\n(sec.3C-ssec.4) The bailiff is responsible for the civil acts and defaults of the assistant in the discharge or purported discharge of the assistant’s duties as assistant.\n(sec.3C-ssec.5) A registrar of a Magistrates Court may give directions to a bailiff or bailiff’s assistant appointed under this section about the discharge of the functions of the bailiff.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Jurisdiction","content":"# Jurisdiction","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Jurisdiction of Magistrates Courts","content":"### sec.4 Jurisdiction of Magistrates Courts\n\nSubject to this Act—\nevery personal action in which the amount, value or damage sought to be recovered is not more than the prescribed limit, whether on a balance of account or after an admitted set-off or otherwise, including any claim for detention of goods or chattels; and\nevery action brought to recover a sum of not more than the prescribed limit, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will; and\nevery action in which a person has an equitable claim or demand against another person in respect of which—\nthe only relief sought is—\nthe recovery of a sum of money or of damages, whether liquidated or unliquidated; or\nthe delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and\nthe amount, value or damage claimed is not more than the prescribed limit;\nmay be commenced in a Magistrates Court, and all Magistrates Courts shall within their respective districts have power and authority to hear and determine in a summary way all such actions.\nFor the purpose of determining whether a Magistrates Court has jurisdiction under subsection (1) for a claim for detention of goods or chattels, the amount claimed is taken to be the total of—\nthe amount claimed for the value of the goods or chattels; and\nany amount claimed for damages for the detention of the goods or chattels.\ns 4 amd 1954 3 Eliz 2 No. 32 s 2; 1964 No. 32 s 3 sch ; 1976 No. 19 s 17 ; 1982 No. 51 s 7 ; 1989 No. 40 s 19 ; 1993 No. 39 s 4 ; 1997 No. 38 s 73 ; 2010 No. 26 s 100 ; 2020 No. 15 s 148\n(sec.4-ssec.1) Subject to this Act— every personal action in which the amount, value or damage sought to be recovered is not more than the prescribed limit, whether on a balance of account or after an admitted set-off or otherwise, including any claim for detention of goods or chattels; and every action brought to recover a sum of not more than the prescribed limit, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will; and every action in which a person has an equitable claim or demand against another person in respect of which— the only relief sought is— the recovery of a sum of money or of damages, whether liquidated or unliquidated; or the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and the amount, value or damage claimed is not more than the prescribed limit; may be commenced in a Magistrates Court, and all Magistrates Courts shall within their respective districts have power and authority to hear and determine in a summary way all such actions.\n(sec.4-ssec.2) For the purpose of determining whether a Magistrates Court has jurisdiction under subsection (1) for a claim for detention of goods or chattels, the amount claimed is taken to be the total of— the amount claimed for the value of the goods or chattels; and any amount claimed for damages for the detention of the goods or chattels.\n- (a) every personal action in which the amount, value or damage sought to be recovered is not more than the prescribed limit, whether on a balance of account or after an admitted set-off or otherwise, including any claim for detention of goods or chattels; and\n- (b) every action brought to recover a sum of not more than the prescribed limit, which is the whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will; and\n- (c) every action in which a person has an equitable claim or demand against another person in respect of which— (i) the only relief sought is— (A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or (B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and (ii) the amount, value or damage claimed is not more than the prescribed limit;\n- (i) the only relief sought is— (A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or (B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and\n- (A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or\n- (B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and\n- (ii) the amount, value or damage claimed is not more than the prescribed limit;\n- (i) the only relief sought is— (A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or (B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and\n- (A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or\n- (B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and\n- (ii) the amount, value or damage claimed is not more than the prescribed limit;\n- (A) the recovery of a sum of money or of damages, whether liquidated or unliquidated; or\n- (B) the delivery of possession of goods or chattels in relation to a right, security interest, encumbrance, charge or lien; and\n- (a) the amount claimed for the value of the goods or chattels; and\n- (b) any amount claimed for damages for the detention of the goods or chattels.","sortOrder":8},{"sectionNumber":"sec.4AAA","sectionType":"section","heading":"Calculating whether amount, value, damage or sum is more than prescribed limit","content":"### sec.4AAA Calculating whether amount, value, damage or sum is more than prescribed limit\n\nIn calculating whether, for this part, an amount, value, damage or sum claimed, or sought to be recovered, in an action is more than the prescribed limit, the following amounts must not be considered—\nan amount of interest that is payable as of right whether because of a law, agreement or otherwise; or\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 .\ns 4AAA ins 2020 No. 15 s 149\n- (a) an amount of interest that is payable as of right whether because of a law, agreement or otherwise; or\n- (b) 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":9},{"sectionNumber":"sec.4AA","sectionType":"section","heading":"Proceeding commenced in central registry","content":"### sec.4AA Proceeding commenced in central registry\n\nDespite section 4 , if under the rules a proceeding that may be started in a Magistrates Court is started in a registry for a Magistrates Court that is a central registry, that Magistrates Court has jurisdiction for the proceeding.\nSubsection (1) does not prevent the proceeding being transferred to another Magistrates Court under the rules.\nRule 40 (Change of venue by court order) of the rules allows a proceeding to be sent for trial to, or to be dealt with by, another court if the first court is satisfied the proceeding can be more conveniently or fairly heard or dealt with in the other court. Rule 41 (Change of venue by agreement) of the rules allows the court to transfer a proceeding on the agreement of the parties.\ns 4AA ins 2010 No. 26 s 101\n(sec.4AA-ssec.1) Despite section 4 , if under the rules a proceeding that may be started in a Magistrates Court is started in a registry for a Magistrates Court that is a central registry, that Magistrates Court has jurisdiction for the proceeding.\n(sec.4AA-ssec.2) Subsection (1) does not prevent the proceeding being transferred to another Magistrates Court under the rules. Rule 40 (Change of venue by court order) of the rules allows a proceeding to be sent for trial to, or to be dealt with by, another court if the first court is satisfied the proceeding can be more conveniently or fairly heard or dealt with in the other court. Rule 41 (Change of venue by agreement) of the rules allows the court to transfer a proceeding on the agreement of the parties.","sortOrder":10},{"sectionNumber":"sec.4AB","sectionType":"section","heading":"Preliminary disclosure orders","content":"### sec.4AB Preliminary disclosure orders\n\nA Magistrates 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 a Magistrates 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 4AB ins 2023 No. 23 s 129\n(sec.4AB-ssec.1) A Magistrates Court has jurisdiction to make orders under this section.\n(sec.4AB-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.4AB-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 a Magistrates 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":11},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Consent jurisdiction","content":"### sec.4A Consent jurisdiction\n\nIf the parties to a proceeding in relation to an amount for which the Supreme Court or District Court has jurisdiction agree that a Magistrates Court may have jurisdiction in relation to the amount, the Magistrates Court has jurisdiction for the proceeding.\nThe agreement must—\nbe written; and\nbe signed by each of the parties or their lawyers; and\ninclude a statement that the parties know that the proceeding is not otherwise within the jurisdiction of a Magistrates Court; and\nbe filed in accordance with the rules.\ns 4A ins 1998 No. 20 s 27 sch 2\namd 2004 No. 11 s 596 sch 1\n(sec.4A-ssec.1) If the parties to a proceeding in relation to an amount for which the Supreme Court or District Court has jurisdiction agree that a Magistrates Court may have jurisdiction in relation to the amount, the Magistrates Court has jurisdiction for the proceeding.\n(sec.4A-ssec.2) The agreement must— be written; and be signed by each of the parties or their lawyers; and include a statement that the parties know that the proceeding is not otherwise within the jurisdiction of a Magistrates Court; and be filed in accordance with the rules.\n- (a) be written; and\n- (b) be signed by each of the parties or their lawyers; and\n- (c) include a statement that the parties know that the proceeding is not otherwise within the jurisdiction of a Magistrates Court; and\n- (d) be filed in accordance with the rules.","sortOrder":12},{"sectionNumber":"sec.5","sectionType":"section","heading":"Abandonment of excess etc.","content":"### sec.5 Abandonment of excess etc.\n\nA Magistrates Court shall have jurisdiction in a personal action if the original claim is reduced to the prescribed limit, or less, by payment, abandonment of excess, or otherwise, or by deducting any sum for which the plaintiff gives the defendant credit upon the plaint being entered.\ns 5 (prev s 4(2)) amd 1954 3 Eliz 2 No. 32 s 2(a); 1976 No. 19 s 17 (a) ; 1982 No. 51 s 7 ; 1989 No. 40 s 19 ; 1993 No. 39 s 4\nrenum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2 ; 1997 No. 38 s 73 ; 2010 No. 26 s 102","sortOrder":13},{"sectionNumber":"sec.5A","sectionType":"section","heading":null,"content":"### Section sec.5A\n\ns 5A ins 2002 No. 34 s 37\nom 2011 No. 45 s 170","sortOrder":14},{"sectionNumber":"sec.6","sectionType":"section","heading":"Splitting debt by giving bills etc.","content":"### sec.6 Splitting debt by giving bills etc.\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 prescribed limit, the plaintiff may sue separately upon each of the securities not exceeding the prescribed limit as forming a distinct cause of action.\ns 6 (prev s 4(3)) amd 1954 3 Eliz 2 No. 32 s 2(a); 1976 No. 19 s 17 (a) ; 1982 No. 51 s 7 ; 1989 No. 40 s 19 ; 1993 No. 39 s 4\nrenum 1993 No. 39 s 3 sch\namd 1997 No. 38 s 73 ; 2010 No. 26 s 103","sortOrder":15},{"sectionNumber":"sec.7","sectionType":"section","heading":"Title to land etc.","content":"### sec.7 Title to land etc.\n\nExcept as by this Act provided, a Magistrates Court shall not have jurisdiction to try any case in which the title to land, or the validity of a devise, bequest, or limitation under a will or settlement, is in question.\nIf the title to land incidentally comes in question in an action, the court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the court shall not be evidence of title between the parties or their privies in another action in that court or in any proceedings in any other court.\ns 7 (prev s 4(4)) renum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2\n(sec.7-ssec.1) Except as by this Act provided, a Magistrates Court shall not have jurisdiction to try any case in which the title to land, or the validity of a devise, bequest, or limitation under a will or settlement, is in question.\n(sec.7-ssec.2) If the title to land incidentally comes in question in an action, the court shall have power to decide the claim which it is the immediate object of the action to enforce, but the judgment of the court shall not be evidence of title between the parties or their privies in another action in that court or in any proceedings in any other court.","sortOrder":16},{"sectionNumber":"sec.8","sectionType":"section","heading":"Infants","content":"### sec.8 Infants\n\nAny person under the age of 18 years to whom any wages or any other sum whatsoever, whether liquidated or unliquidated, not exceeding the amount in respect of which a Magistrates Court has jurisdiction, is due may sue for and recover such sum in the court in the same manner as if the person were of full age.\ns 8 (prev s 4(5)) amd 1974 No. 57 s 8 sch\nrenum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2","sortOrder":17},{"sectionNumber":"sec.9","sectionType":"section","heading":"Executors etc.","content":"### sec.9 Executors etc.\n\nExecutors and administrators may sue and are liable to be sued in a Magistrates Court.\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 sue out execution in his or her own name in the same way that the plaintiff, if living, might have done.\ns 9 (prev s 4(6)) renum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2\n(sec.9-ssec.1) Executors and administrators may sue and are liable to be sued in a Magistrates Court.\n(sec.9-ssec.2) A 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 sue out execution in his or her own name in the same way that the plaintiff, if living, might have done.","sortOrder":18},{"sectionNumber":"sec.10","sectionType":"section","heading":"Corporations","content":"### sec.10 Corporations\n\nCorporations and joint stock companies which have an office or place of business at which they carry on business in Queensland shall be amenable to the jurisdiction of Magistrates Courts.\ns 10 (prev s 4(7)) renum 1993 No. 39 s 3 sch\namd 2001 No. 45 s 29 sch 3","sortOrder":19},{"sectionNumber":"sec.11","sectionType":"section","heading":"Plaint when equitable claim","content":"### sec.11 Plaint when equitable claim\n\nIn an action in which a plaintiff seeks to enforce an equitable claim under this Act, the plaint or so much of it as relates to the equitable claim shall express that the plaintiff is suing upon equitable grounds.\ns 11 (prev s 4(8)) renum 1993 No. 39 s 3 sch","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 (prev s 4(9)) renum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2\nom 1998 No. 20 s 27 sch 2","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 (prev s 7A) ins 1975 No. 23 s 5\namd 1982 No. 51 s 7 ; 1989 No. 40 s 20 ; 1995 No. 23 s 17 sch 2\nrenum and reloc 1995 No. 23 s 17 sch 2\nom 1998 No. 20 s 27 sch 2","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Magistrates Court","content":"# Magistrates Court","sortOrder":23},{"sectionNumber":"sec.14","sectionType":"section","heading":"Magistrates Courts to be courts of record","content":"### sec.14 Magistrates Courts to be courts of record\n\nEach Magistrates Court shall be a court of record, and the judgment thereof may be set up as a defence in any action brought in any court of law in Queensland.\nThe entry of the judgment on the cause list of a Magistrates Court shall be deemed to be a record of such judgment.\ns 14 amd 1995 No. 23 s 17 sch 2\n(sec.14-ssec.1) Each Magistrates Court shall be a court of record, and the judgment thereof may be set up as a defence in any action brought in any court of law in Queensland.\n(sec.14-ssec.2) The entry of the judgment on the cause list of a Magistrates Court shall be deemed to be a record of such judgment.","sortOrder":24},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Business of Magistrates Court","content":"### sec.14A Business of Magistrates Court\n\nThe business of a Magistrates 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, a Magistrates 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 14A ins 2011 No. 45 s 171\n(sec.14A-ssec.1) The business of a Magistrates Court— is taken to be conducted in court wherever it is conducted; and is to be conducted in open court.\n(sec.14A-ssec.2) However, subject to any Act, a Magistrates 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":25},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Process returnable in registry where issued but effective throughout State","content":"### sec.14B Process returnable in registry where issued but effective throughout State\n\nA process issued out of the registry of any Magistrates Court is returnable in that registry.\nHowever, each process has effect, and may be enforced, at any place within the State.\ns 14B ins 2011 No. 45 s 171\n(sec.14B-ssec.1) A process issued out of the registry of any Magistrates Court is returnable in that registry.\n(sec.14B-ssec.2) However, each process has effect, and may be enforced, at any place within the State.","sortOrder":26},{"sectionNumber":"sec.15","sectionType":"section","heading":"In what Magistrates Courts actions to be brought","content":"### sec.15 In what Magistrates Courts actions to be brought\n\nThe districts and Magistrates Courts respectively in which proceedings may be brought and heard and determined shall be as prescribed by rules of court.\ns 15 amd 1995 No. 23 s 17 sch 2","sortOrder":27},{"sectionNumber":"sec.16","sectionType":"section","heading":"Constitution of Magistrates Courts","content":"### sec.16 Constitution of Magistrates Courts\n\nEvery action within the jurisdiction of a Magistrates Court for hearing and determination shall be heard and determined by a magistrate sitting alone provided that, where the rules permit, an action may be heard and determined by a registrar, not being a police officer, who shall, subject to and in accordance with the rules, have the jurisdiction and powers a magistrate has for the purpose.\ns 16 amd 1954 3 Eliz 2 No. 32 s 3; 1964 No. 32 s 3 sch\nsub 1975 No. 23 s 4\namd 1995 No. 23 s 17 sch 2 ; 1998 No. 20 s 27 sch 2","sortOrder":28},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 prev s 17 ins 1995 No. 23 s 24\nom 12 April 1996 RA s 37","sortOrder":29},{"sectionNumber":"pt.4","sectionType":"part","heading":"Practice and procedure","content":"# Practice and procedure","sortOrder":30},{"sectionNumber":"sec.18","sectionType":"section","heading":"Court appearance","content":"### sec.18 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 18 amd 1995 No. 23 s 17 sch 2 ; 2004 No. 11 s 596 sch 1\nsub 2011 No. 45 s 173\n(sec.18-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.18-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":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Laws of evidence","content":"### sec.19 Laws of evidence\n\nThe laws of evidence that apply in the Supreme Court apply in the trial of all questions of fact in the court.\ns 19 amd 1954 3 Eliz 2 No. 32 s 4; 1975 No. 23 s 6 ; 1982 No. 51 s 7 ; 1989 No. 40 s 21 ; 1993 No. 39 s 5 ; 1995 No. 23 s 17 sch 2 ; 1998 No. 20 s 27 sch 2","sortOrder":32},{"sectionNumber":"sec.20","sectionType":"section","heading":"Evidence","content":"### sec.20 Evidence\n\nIn any legal proceedings whatsoever the books of a Magistrates Court and any entries therein, or copies of the said books or entries, under the seal of the court and purporting to be signed and certified by the registrar, shall, upon production and on proof of the identity of the parties concerned, be evidence of the contents of the books or of the judgments or other entries, and of the proceedings referred to in them, and of the regularity of the proceedings.\nAll process of a Magistrates Court purporting to be sealed shall be received in evidence without further proof thereof.\ns 20 (prev s 10(2)) renum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2\n(sec.20-ssec.1) In any legal proceedings whatsoever the books of a Magistrates Court and any entries therein, or copies of the said books or entries, under the seal of the court and purporting to be signed and certified by the registrar, shall, upon production and on proof of the identity of the parties concerned, be evidence of the contents of the books or of the judgments or other entries, and of the proceedings referred to in them, and of the regularity of the proceedings.\n(sec.20-ssec.2) All process of a Magistrates Court purporting to be sealed shall be received in evidence without further proof thereof.","sortOrder":33},{"sectionNumber":"pt.5","sectionType":"part","heading":null,"content":"","sortOrder":34},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":null,"content":"","sortOrder":35},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":36},{"sectionNumber":"sec.21A","sectionType":"section","heading":null,"content":"### Section sec.21A\n\ns 21A ins 2007 No. 23 s 58\nom 2011 No. 45 s 174","sortOrder":37},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":38},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":39},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":40},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":41},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":null,"content":"","sortOrder":42},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 ins 1995 No. 23 s 19\namd 2002 No. 34 s 36 sch 3\nom 2010 No. 42 s 156","sortOrder":43},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 ins 1995 No. 23 s 19\namd 2002 No. 34 s 36 sch 3\nom 2010 No. 42 s 156","sortOrder":44},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 ins 1995 No. 23 s 19\namd 1997 No. 38 s 74 ; 2002 No. 34 s 36 sch 3\nom 2010 No. 42 s 156","sortOrder":45},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":46},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 ins 1995 No. 23 s 19\namd 1997 No. 38 s 75 ; 1999 No. 66 s 25 ; 2000 No. 46 s 3 sch\nom 2011 No. 45 s 174","sortOrder":47},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":48},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":49},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns 32 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":50},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":52},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":53},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":54},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":55},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":57},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":58},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":null,"content":"","sortOrder":59},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":60},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":61},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 ins 1995 No. 23 s 19\nom 2011 No. 45 s 174","sortOrder":62},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":null,"content":"","sortOrder":63},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 ins 1995 No. 23 s 19\namd 2002 No. 34 s 36 sch 3\nom 2010 No. 42 s 158","sortOrder":64},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Processes for employment claims","content":"# Processes for employment claims","sortOrder":65},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":66},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Object of pt 5A","content":"### sec.42A Object of pt 5A\n\nThe object of this part is to reduce the cost of proceedings brought in a Magistrates Court by low income employees against employers for breaches of contracts of employment.\nThe object is achieved by—\nprescribing, under section 54 , lower court fees for the proceedings; and\nproviding for awards of costs in limited circumstances; and\nallowing parties to be represented, without leave, by relevant organisations; and\nproviding for compulsory conciliation before the hearing of the proceedings.\ns 42A ins 2007 No. 23 s 59\n(sec.42A-ssec.1) The object of this part is to reduce the cost of proceedings brought in a Magistrates Court by low income employees against employers for breaches of contracts of employment.\n(sec.42A-ssec.2) The object is achieved by— prescribing, under section 54 , lower court fees for the proceedings; and providing for awards of costs in limited circumstances; and allowing parties to be represented, without leave, by relevant organisations; and providing for compulsory conciliation before the hearing of the proceedings.\n- (a) prescribing, under section 54 , lower court fees for the proceedings; and\n- (b) providing for awards of costs in limited circumstances; and\n- (c) allowing parties to be represented, without leave, by relevant organisations; and\n- (d) providing for compulsory conciliation before the hearing of the proceedings.","sortOrder":67},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Application of pt 5A","content":"### sec.42B Application of pt 5A\n\nThis part applies to a claim (an employment claim )—\nmade in a proceeding started under this part by a person—\nwho is or was an employee of an employer; and\nwhose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and\narising out of a breach of a contract of employment between the employee and employer.\nHowever, a claim is not an employment claim if the cause of action to which the claim relates is within the jurisdiction of the industrial relations commission.\nA claim under the Fair Work Act 2009 (Cwlth) , section 539 is not an employment claim.\ns 42B ins 2007 No. 23 s 59\namd 2009 No. 49 s 70 ; 2016 No. 63 s 1112 ; 2020 No. 34 s 18\n(sec.42B-ssec.1) This part applies to a claim (an employment claim )— made in a proceeding started under this part by a person— who is or was an employee of an employer; and whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and arising out of a breach of a contract of employment between the employee and employer.\n(sec.42B-ssec.2) However, a claim is not an employment claim if the cause of action to which the claim relates is within the jurisdiction of the industrial relations commission.\n(sec.42B-ssec.3) A claim under the Fair Work Act 2009 (Cwlth) , section 539 is not an employment claim.\n- (a) made in a proceeding started under this part by a person— (i) who is or was an employee of an employer; and (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and\n- (i) who is or was an employee of an employer; and\n- (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and\n- (b) arising out of a breach of a contract of employment between the employee and employer.\n- (i) who is or was an employee of an employer; and\n- (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and","sortOrder":68},{"sectionNumber":"sec.42C","sectionType":"section","heading":"Decision of Magistrates Court about whether claim is an employment claim","content":"### sec.42C Decision of Magistrates Court about whether claim is an employment claim\n\nIn a proceeding started under this part in a Magistrates Court, the court may, on the application of a party to the proceeding, decide whether the claim made in the proceeding is or is not an employment claim.\nSubsection (3) applies if—\na Magistrates Court decides a claim is not an employment claim because of section 42B (2) ; and\nthe plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and\nthe plaintiff later starts a proceeding based on the claim in the industrial relations commission.\nFor the Industrial Relations Act 2016 —\nif there is a time limit under that Act for starting the proceeding mentioned in subsection (2) (c) , the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court’s decision is made must be disregarded; and\nany conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission.\ns 42C ins 2007 No. 23 s 59\namd 2016 No. 63 s 1157 sch 6\n(sec.42C-ssec.1) In a proceeding started under this part in a Magistrates Court, the court may, on the application of a party to the proceeding, decide whether the claim made in the proceeding is or is not an employment claim.\n(sec.42C-ssec.2) Subsection (3) applies if— a Magistrates Court decides a claim is not an employment claim because of section 42B (2) ; and the plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and the plaintiff later starts a proceeding based on the claim in the industrial relations commission.\n(sec.42C-ssec.3) For the Industrial Relations Act 2016 — if there is a time limit under that Act for starting the proceeding mentioned in subsection (2) (c) , the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court’s decision is made must be disregarded; and any conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission.\n- (a) a Magistrates Court decides a claim is not an employment claim because of section 42B (2) ; and\n- (b) the plaintiff discontinues or withdraws the proceeding in the Magistrates Court; and\n- (c) the plaintiff later starts a proceeding based on the claim in the industrial relations commission.\n- (a) if there is a time limit under that Act for starting the proceeding mentioned in subsection (2) (c) , the period starting on the day the proceeding was started in the Magistrates Court and ending on the day the court’s decision is made must be disregarded; and\n- (b) any conciliation of the dispute under this part is taken to be conciliation of the dispute by the industrial relations commission.","sortOrder":69},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Conciliation of disputes","content":"## Conciliation of disputes","sortOrder":70},{"sectionNumber":"sec.42D","sectionType":"section","heading":"Meaning of conciliation process","content":"### sec.42D Meaning of conciliation process\n\nA conciliation process is a process of conciliation under which the parties to a dispute are helped and encouraged by a conciliator to resolve the dispute.\nIn subdivision 5 , a conciliation process includes all the steps involved in the process of conciliation, including, for example, each of the following—\ntelephone conferencing;\njoint sessions;\nprivate sessions.\ns 42D ins 2007 No. 23 s 59\n(sec.42D-ssec.1) A conciliation process is a process of conciliation under which the parties to a dispute are helped and encouraged by a conciliator to resolve the dispute.\n(sec.42D-ssec.2) In subdivision 5 , a conciliation process includes all the steps involved in the process of conciliation, including, for example, each of the following— telephone conferencing; joint sessions; private sessions.\n- (a) telephone conferencing;\n- (b) joint sessions;\n- (c) private sessions.","sortOrder":71},{"sectionNumber":"sec.42E","sectionType":"section","heading":"Functions of conciliator","content":"### sec.42E Functions of conciliator\n\nThe functions of a conciliator include each of the following—\nencouraging the settlement of a dispute by arranging, and helping to conduct, negotiations between the parties;\npromoting the open exchange by the parties of information relevant to the dispute;\ngiving the parties information about the operation of this Act and other laws relevant to the settlement of the dispute;\nUniform Civil Procedure Rules 1999\ninforming the parties about the conciliator’s assessment of the merits of the employment claim and the possible consequences if the claim is heard by a Magistrates Court, including the orders that may be made by the court;\nhelping in the settlement of the dispute in any other appropriate way.\ns 42E ins 2007 No. 23 s 59\namd 2010 No. 42 s 154 sch\n- (a) encouraging the settlement of a dispute by arranging, and helping to conduct, negotiations between the parties;\n- (b) promoting the open exchange by the parties of information relevant to the dispute;\n- (c) giving the parties information about the operation of this Act and other laws relevant to the settlement of the dispute; Example of other laws that may be relevant— Uniform Civil Procedure Rules 1999\n- (d) informing the parties about the conciliator’s assessment of the merits of the employment claim and the possible consequences if the claim is heard by a Magistrates Court, including the orders that may be made by the court;\n- (e) helping in the settlement of the dispute in any other appropriate way.","sortOrder":72},{"sectionNumber":"sec.42F","sectionType":"section","heading":"Registrar must appoint conciliator","content":"### sec.42F Registrar must appoint conciliator\n\nThe registrar of a Magistrates Court in which an employment claim is filed must, as soon as practicable—\nappoint a conciliator for the dispute; and\nensure the parties are notified of the name and contact details of the conciliator appointed for the dispute.\ns 42F ins 2007 No. 23 s 59\n- (a) appoint a conciliator for the dispute; and\n- (b) ensure the parties are notified of the name and contact details of the conciliator appointed for the dispute.","sortOrder":73},{"sectionNumber":"sec.42G","sectionType":"section","heading":"Requirement for conciliator to start conciliation process","content":"### sec.42G Requirement for conciliator to start conciliation process\n\nA conciliator appointed for a dispute must start conciliating the dispute as soon as practicable after being appointed.\ns 42G ins 2007 No. 23 s 59","sortOrder":74},{"sectionNumber":"sec.42H","sectionType":"section","heading":"Attendance at and participation in conciliation process","content":"### sec.42H Attendance at and participation in conciliation process\n\nA conciliator may, by written notice, require the parties to a dispute to participate in a conciliation process in a particular way.\nattending before the conciliator at a stated time and place to participate in the conciliation process\nparticipating in a telephone conference\nThe parties must comply with a requirement made by the conciliator under subsection (1) .\nIf a party does not comply with a requirement made by the conciliator under subsection (1) , a Magistrates Court may, subject to this part, impose sanctions against the party, including, for example, by ordering that any claim for relief by the defaulting party is stayed until further order.\ns 42H ins 2007 No. 23 s 59\n(sec.42H-ssec.1) A conciliator may, by written notice, require the parties to a dispute to participate in a conciliation process in a particular way. attending before the conciliator at a stated time and place to participate in the conciliation process participating in a telephone conference\n(sec.42H-ssec.2) The parties must comply with a requirement made by the conciliator under subsection (1) .\n(sec.42H-ssec.3) If a party does not comply with a requirement made by the conciliator under subsection (1) , a Magistrates Court may, subject to this part, impose sanctions against the party, including, for example, by ordering that any claim for relief by the defaulting party is stayed until further order.\n- • attending before the conciliator at a stated time and place to participate in the conciliation process\n- • participating in a telephone conference","sortOrder":75},{"sectionNumber":"sec.42I","sectionType":"section","heading":"Procedure for conciliation process","content":"### sec.42I Procedure for conciliation process\n\nFor a conciliation process, the conciliator—\nmust decide the procedure to be used; and\nmay adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions.\na conciliation conference\nA Magistrates Court may, at any time of its own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for a conciliation process.\ns 42I ins 2007 No. 23 s 59\n(sec.42I-ssec.1) For a conciliation process, the conciliator— must decide the procedure to be used; and may adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions. a conciliation conference\n(sec.42I-ssec.2) A Magistrates Court may, at any time of its own initiative or on the application of a party or the conciliator, give directions about the procedure to be used for a conciliation process.\n- (a) must decide the procedure to be used; and\n- (b) may adopt any procedure that will, in the conciliator’s opinion, enable the conciliator to perform the conciliator’s functions. Example of a procedure that may be used— a conciliation conference","sortOrder":76},{"sectionNumber":"sec.42J","sectionType":"section","heading":"Limited right to representation","content":"### sec.42J Limited right to representation\n\nFor a conciliation process, a party may be represented by a relevant organisation.\nAlso, a party may be represented by a person other than a relevant organisation if—\neither—\nthe other party agrees to the party being represented by the person; or\nthe conciliator is satisfied the party should be permitted to be represented by the person; and\nthe person is appointed as the party’s representative in writing.\ns 42J ins 2007 No. 23 s 59\n(sec.42J-ssec.1) For a conciliation process, a party may be represented by a relevant organisation.\n(sec.42J-ssec.2) Also, a party may be represented by a person other than a relevant organisation if— either— the other party agrees to the party being represented by the person; or the conciliator is satisfied the party should be permitted to be represented by the person; and the person is appointed as the party’s representative in writing.\n- (a) either— (i) the other party agrees to the party being represented by the person; or (ii) the conciliator is satisfied the party should be permitted to be represented by the person; and\n- (i) the other party agrees to the party being represented by the person; or\n- (ii) the conciliator is satisfied the party should be permitted to be represented by the person; and\n- (b) the person is appointed as the party’s representative in writing.\n- (i) the other party agrees to the party being represented by the person; or\n- (ii) the conciliator is satisfied the party should be permitted to be represented by the person; and","sortOrder":77},{"sectionNumber":"sec.42K","sectionType":"section","heading":"No fee or costs payable to conciliator by parties","content":"### sec.42K No fee or costs payable to conciliator by parties\n\nThe parties are not liable to pay any fee or costs for a conciliation process to the conciliator.\ns 42K ins 2007 No. 23 s 59","sortOrder":78},{"sectionNumber":"sec.42L","sectionType":"section","heading":"Conciliator to file certificate","content":"### sec.42L Conciliator to file certificate\n\nAs soon as practicable after a conciliation process is finished, the conciliator must file with the registrar of the referring court a certificate about the conciliation process in the form prescribed under the rules.\nA Magistrates Court must not hear and decide a dispute that is not entirely or partly resolved during the conciliation process unless the conciliator has filed a certificate about the conciliation process under subsection (1) .\nSubsection (2) does not stop the court making a decision under section 42C .\ns 42L ins 2007 No. 23 s 59\n(sec.42L-ssec.1) As soon as practicable after a conciliation process is finished, the conciliator must file with the registrar of the referring court a certificate about the conciliation process in the form prescribed under the rules.\n(sec.42L-ssec.2) A Magistrates Court must not hear and decide a dispute that is not entirely or partly resolved during the conciliation process unless the conciliator has filed a certificate about the conciliation process under subsection (1) .\n(sec.42L-ssec.3) Subsection (2) does not stop the court making a decision under section 42C .","sortOrder":79},{"sectionNumber":"sec.42M","sectionType":"section","heading":"Conciliation agreements","content":"### sec.42M Conciliation agreements\n\nThis section applies if, in a conciliation process, the parties agree on a resolution of all or part of the dispute.\nThe agreement must be written down and signed by or for each party and by the conciliator.\nThe agreement has the same effect as any other compromise.\ns 42M ins 2007 No. 23 s 59\n(sec.42M-ssec.1) This section applies if, in a conciliation process, the parties agree on a resolution of all or part of the dispute.\n(sec.42M-ssec.2) The agreement must be written down and signed by or for each party and by the conciliator.\n(sec.42M-ssec.3) The agreement has the same effect as any other compromise.","sortOrder":80},{"sectionNumber":"sec.42N","sectionType":"section","heading":"Orders giving effect to conciliation agreement","content":"### sec.42N Orders giving effect to conciliation agreement\n\nA party may apply to a Magistrates Court for an order giving effect to an agreement reached in a conciliation process.\nHowever, a party may apply for the order only after the conciliator’s certificate about the conciliation process is filed with the registrar of the referring court.\nThe court may make any order giving effect to an agreement reached in a conciliation process the court considers appropriate in the circumstances.\ns 42N ins 2007 No. 23 s 59\n(sec.42N-ssec.1) A party may apply to a Magistrates Court for an order giving effect to an agreement reached in a conciliation process.\n(sec.42N-ssec.2) However, a party may apply for the order only after the conciliator’s certificate about the conciliation process is filed with the registrar of the referring court.\n(sec.42N-ssec.3) The court may make any order giving effect to an agreement reached in a conciliation process the court considers appropriate in the circumstances.","sortOrder":81},{"sectionNumber":"sec.42O","sectionType":"section","heading":"Conciliators to maintain secrecy","content":"### sec.42O Conciliators to maintain secrecy\n\nA conciliator must not, without reasonable excuse, disclose information coming to the conciliator’s knowledge during a conciliation process.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse to disclose information if the disclosure is made—\nwith the agreement of all parties to the dispute; or\nfor this part; or\nfor statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or\nfor an inquiry or proceeding about an offence happening during the conciliation process; or\nfor a proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process; or\nunder a requirement imposed under this or another Act.\ns 42O ins 2007 No. 23 s 59\n(sec.42O-ssec.1) A conciliator must not, without reasonable excuse, disclose information coming to the conciliator’s knowledge during a conciliation process. Maximum penalty—50 penalty units.\n(sec.42O-ssec.2) It is a reasonable excuse to disclose information if the disclosure is made— with the agreement of all parties to the dispute; or for this part; or for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or for an inquiry or proceeding about an offence happening during the conciliation process; or for a proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process; or under a requirement imposed under this or another Act.\n- (a) with the agreement of all parties to the dispute; or\n- (b) for this part; or\n- (c) for statistical purposes without revealing, or being likely to reveal, the identity of a person about whom the information relates; or\n- (d) for an inquiry or proceeding about an offence happening during the conciliation process; or\n- (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process; or\n- (f) under a requirement imposed under this or another Act.","sortOrder":82},{"sectionNumber":"sec.42P","sectionType":"section","heading":"Ordinary protection and immunity allowed","content":"### sec.42P Ordinary protection and immunity allowed\n\nA conciliator has, in performing the conciliator’s functions, the same protection and immunity as a magistrate performing the functions of a magistrate.\nA person who is a party, or a party’s representative, participating in the conciliation process for a dispute has the same protection and immunity the person would have if the dispute were being heard before a Magistrates Court.\nA document produced during, or used for, a conciliation process has the same protection during the process it would have if produced before a Magistrates Court.\ns 42P ins 2007 No. 23 s 59\n(sec.42P-ssec.1) A conciliator has, in performing the conciliator’s functions, the same protection and immunity as a magistrate performing the functions of a magistrate.\n(sec.42P-ssec.2) A person who is a party, or a party’s representative, participating in the conciliation process for a dispute has the same protection and immunity the person would have if the dispute were being heard before a Magistrates Court.\n(sec.42P-ssec.3) A document produced during, or used for, a conciliation process has the same protection during the process it would have if produced before a Magistrates Court.","sortOrder":83},{"sectionNumber":"sec.42Q","sectionType":"section","heading":"Admission made in conciliation process","content":"### sec.42Q Admission made in conciliation process\n\nEvidence of anything done or said, or an admission made, during the conciliation process for a dispute is admissible at the trial of the dispute or in another civil proceeding in a Magistrates Court or elsewhere only if all the parties to the dispute agree.\nIn subsection (1) —\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process.\ns 42Q ins 2007 No. 23 s 59\n(sec.42Q-ssec.1) Evidence of anything done or said, or an admission made, during the conciliation process for a dispute is admissible at the trial of the dispute or in another civil proceeding in a Magistrates Court or elsewhere only if all the parties to the dispute agree.\n(sec.42Q-ssec.2) In subsection (1) — civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conciliation process.","sortOrder":84},{"sectionNumber":"sec.42R","sectionType":"section","heading":"No official record of conciliation process","content":"### sec.42R No official record of conciliation process\n\nA person must not make an official record of anything said for the purposes of a conciliation process.\nMaximum penalty—20 penalty units.\nA conciliator does not commit an offence against subsection (1) merely by making notes of the conciliation process or complying with section 42L (1) .\ns 42R ins 2007 No. 23 s 59\n(sec.42R-ssec.1) A person must not make an official record of anything said for the purposes of a conciliation process. Maximum penalty—20 penalty units.\n(sec.42R-ssec.2) A conciliator does not commit an offence against subsection (1) merely by making notes of the conciliation process or complying with section 42L (1) .","sortOrder":85},{"sectionNumber":"sec.42S","sectionType":"section","heading":"Approval of members of industrial relations commission","content":"### sec.42S Approval of members of industrial relations commission\n\nA person who is a member of the industrial relations commission is approved as a conciliator.\nIn this section—\nmember , of the industrial relations commission, does not include the president of the commission.\ns 42S ins 2007 No. 23 s 59\namd 2010 No. 42 s 154 sch\n(sec.42S-ssec.1) A person who is a member of the industrial relations commission is approved as a conciliator.\n(sec.42S-ssec.2) In this section— member , of the industrial relations commission, does not include the president of the commission.","sortOrder":86},{"sectionNumber":"sec.42T","sectionType":"section","heading":"Approval of other persons by Chief Magistrate","content":"### sec.42T Approval of other persons by Chief Magistrate\n\nThe Chief Magistrate may approve, or refuse to approve, a person as a conciliator.\ns 42T ins 2007 No. 23 s 59 (amd 2007 No. 55 s 54 sch 1 )","sortOrder":87},{"sectionNumber":"sec.42U","sectionType":"section","heading":"Revocation of approval","content":"### sec.42U Revocation of approval\n\nThe Chief Magistrate may revoke the approval under section 42T of a person as a conciliator.\nThe Chief Magistrate must give the person a statement of reasons for the revocation.\ns 42U ins 2007 No. 23 s 59\n(sec.42U-ssec.1) The Chief Magistrate may revoke the approval under section 42T of a person as a conciliator.\n(sec.42U-ssec.2) The Chief Magistrate must give the person a statement of reasons for the revocation.","sortOrder":88},{"sectionNumber":"sec.42V","sectionType":"section","heading":"Appeal against refusal to approve as, or revocation of approval of, conciliator","content":"### sec.42V Appeal against refusal to approve as, or revocation of approval of, conciliator\n\nAn appeal lies to the District Court against—\na refusal to approve a person as a conciliator under section 42T ; or\nthe revocation of approval of a person as a conciliator under section 42U .\ns 42V ins 2007 No. 23 s 59\n- (a) a refusal to approve a person as a conciliator under section 42T ; or\n- (b) the revocation of approval of a person as a conciliator under section 42U .","sortOrder":89},{"sectionNumber":"sec.42W","sectionType":"section","heading":"Payment of conciliators","content":"### sec.42W Payment of conciliators\n\nA person approved as a conciliator under section 42T is entitled to be paid the fees prescribed under a regulation.\ns 42W ins 2007 No. 23 s 59","sortOrder":90},{"sectionNumber":"sec.42X","sectionType":"section","heading":"Conciliation register","content":"### sec.42X Conciliation register\n\nA registrar of a Magistrates Court nominated by the Chief Magistrate for the purpose must keep a register of information about conciliation processes.\nThe register may be kept in the form, whether or not in a documentary form, the registrar considers appropriate.\nWithout limiting subsection (2) , the registrar may change the form in which all or part of the register is kept.\nThe register must contain each of the following—\nthe name and contact details of each conciliator;\nother information prescribed under the rules;\nother information decided by the Chief Magistrate.\ns 42X ins 2007 No. 23 s 59\n(sec.42X-ssec.1) A registrar of a Magistrates Court nominated by the Chief Magistrate for the purpose must keep a register of information about conciliation processes.\n(sec.42X-ssec.2) The register may be kept in the form, whether or not in a documentary form, the registrar considers appropriate.\n(sec.42X-ssec.3) Without limiting subsection (2) , the registrar may change the form in which all or part of the register is kept.\n(sec.42X-ssec.4) The register must contain each of the following— the name and contact details of each conciliator; other information prescribed under the rules; other information decided by the Chief Magistrate.\n- (a) the name and contact details of each conciliator;\n- (b) other information prescribed under the rules;\n- (c) other information decided by the Chief Magistrate.","sortOrder":91},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Special provisions for proceedings heard in Magistrates Court","content":"## Special provisions for proceedings heard in Magistrates Court","sortOrder":92},{"sectionNumber":"sec.42Z","sectionType":"section","heading":"Application of div 3","content":"### sec.42Z Application of div 3\n\nThis division applies to a proceeding heard in a Magistrates Court involving an employment claim.\ns 42Z ins 2007 No. 23 s 59","sortOrder":93},{"sectionNumber":"sec.42ZA","sectionType":"section","heading":"Representation of parties","content":"### sec.42ZA Representation of parties\n\nA relevant organisation may appear for a party to the proceeding without special leave of the court.\nThis section applies despite section 18 .\ns 42ZA ins 2007 No. 23 s 59\n(sec.42ZA-ssec.1) A relevant organisation may appear for a party to the proceeding without special leave of the court.\n(sec.42ZA-ssec.2) This section applies despite section 18 .","sortOrder":94},{"sectionNumber":"sec.42ZB","sectionType":"section","heading":"No inference may be drawn from failure to settle","content":"### sec.42ZB No inference may be drawn from failure to settle\n\nNo inference may be drawn against a party to the proceeding because of the failure to resolve all or part of the dispute during a conciliation process.\ns 42ZB ins 2007 No. 23 s 59","sortOrder":95},{"sectionNumber":"sec.42ZC","sectionType":"section","heading":"Limitation on awarding of costs","content":"### sec.42ZC Limitation on awarding of costs\n\nThe court may order a party to the proceeding (the paying party ) to pay the costs of another party to the proceeding, including costs incurred for a conciliation process, only if the court is satisfied—\nif the paying party is the plaintiff—the employment claim is frivolous or vexatious or is an abuse of the process of the court; or\nan unreasonable act or omission of the paying party connected with the conduct of the proceeding caused the other party to incur costs.\nThis section applies despite any other provision in this or another Act.\ns 42ZC ins 2007 No. 23 s 59\n(sec.42ZC-ssec.1) The court may order a party to the proceeding (the paying party ) to pay the costs of another party to the proceeding, including costs incurred for a conciliation process, only if the court is satisfied— if the paying party is the plaintiff—the employment claim is frivolous or vexatious or is an abuse of the process of the court; or an unreasonable act or omission of the paying party connected with the conduct of the proceeding caused the other party to incur costs.\n(sec.42ZC-ssec.2) This section applies despite any other provision in this or another Act.\n- (a) if the paying party is the plaintiff—the employment claim is frivolous or vexatious or is an abuse of the process of the court; or\n- (b) an unreasonable act or omission of the paying party connected with the conduct of the proceeding caused the other party to incur costs.","sortOrder":96},{"sectionNumber":"pt.6","sectionType":"part","heading":"Judgments, new trials, appeals and related matters","content":"# Judgments, new trials, appeals and related matters","sortOrder":97},{"sectionNumber":"sec.43","sectionType":"section","heading":"Judgments to be final","content":"### sec.43 Judgments to be final\n\nSubject to this Act, all judgments and orders made by a Magistrates Court shall be final and conclusive.\nExcept as provided by this Act, or by or pursuant to any other Act now in force or hereafter to be passed, a judgment given by a Magistrates Court, or an action brought before it or depending therein, shall not be removed by appeal, motion, writ of error or certiorari, or otherwise into any other court.\ns 43 amd 1976 No. 19 s 18 ; 1989 No. 40 s 22 ; 1993 No. 39 s 6 ; 1995 No. 23 s 17 sch 2 ; 2010 No. 42 s 154 sch\n(sec.43-ssec.1) Subject to this Act, all judgments and orders made by a Magistrates Court shall be final and conclusive.\n(sec.43-ssec.2) Except as provided by this Act, or by or pursuant to any other Act now in force or hereafter to be passed, a judgment given by a Magistrates Court, or an action brought before it or depending therein, shall not be removed by appeal, motion, writ of error or certiorari, or otherwise into any other court.","sortOrder":98},{"sectionNumber":"sec.44","sectionType":"section","heading":"New trial","content":"### sec.44 New trial\n\nSubject to this Act, any party dissatisfied with any decision of a Magistrates Court may, at any time within 7 clear days from such decision, apply to the court for a new trial.\nThe court may grant the same upon such terms as to costs or otherwise as it thinks fit, or, in its discretion, may refuse the same with or without reasonable costs.\ns 44 (prev s 11(2)) renum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2\n(sec.44-ssec.1) Subject to this Act, any party dissatisfied with any decision of a Magistrates Court may, at any time within 7 clear days from such decision, apply to the court for a new trial.\n(sec.44-ssec.2) The court may grant the same upon such terms as to costs or otherwise as it thinks fit, or, in its discretion, may refuse the same with or without reasonable costs.","sortOrder":99},{"sectionNumber":"sec.45","sectionType":"section","heading":"Appeal","content":"### sec.45 Appeal\n\nSubject to this Act, any party who is dissatisfied with the judgment or order of a Magistrates Court—\nin an action in which the amount, value or damage involved is more than the minor civil dispute limit; or\nin an action for the recovery of possession of land if—\nthe value of the land is more than the minor civil dispute limit; or\nthe annual rental of the land is more than the minor civil dispute limit; or\nin proceedings in interpleader in which the amount or damages claimed, or the value of the goods in question, is more than the minor civil dispute limit;\nmay appeal to the District Court as prescribed by the rules.\nProvided that—\nwhere in any of the cases above referred to in subsection (1) the amount, damage or value is not more than the minor civil dispute limit, an appeal shall lie by leave of the District Court or a District Court judge, who shall not grant such leave to appeal unless the court or judge is satisfied that some important principle of law or justice is involved;\nan appeal shall not lie from the decision of the Magistrates Court if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the court shall be final.\nWithin the time and in the way prescribed by the rules, the appellant must give to the other party or the other party’s lawyer notice of the appeal, briefly stating the grounds of the appeal.\nNotice of appeal shall not operate as a stay of execution upon the judgment, but the execution may proceed unless the magistrate or a District Court judge otherwise orders.\nIn this section—\nminor civil dispute limit means the amount that is, for the time being, the prescribed amount under the Queensland Civil and Administrative Tribunal Act 2009 .\ns 45 (prev s 11(3)) amd 1954 3 Eliz 2 No. 32 s 5; 1982 No. 51 s 7 ; 1988 No. 7 s 14 (a)\nrenum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2 ; 1996 No. 79 s 87 ; 1999 No. 19 s 3 sch ; 1999 No. 89 s 8 sch ; 2004 No. 11 s 596 sch 1 ; 2010 No. 26 s 104 ; 2020 No. 15 s 150 ; 2023 No. 27 s 289 sch 3\n(sec.45-ssec.1) Subject to this Act, any party who is dissatisfied with the judgment or order of a Magistrates Court— in an action in which the amount, value or damage involved is more than the minor civil dispute limit; or in an action for the recovery of possession of land if— the value of the land is more than the minor civil dispute limit; or the annual rental of the land is more than the minor civil dispute limit; or in proceedings in interpleader in which the amount or damages claimed, or the value of the goods in question, is more than the minor civil dispute limit; may appeal to the District Court as prescribed by the rules.\n(sec.45-ssec.2) Provided that— where in any of the cases above referred to in subsection (1) the amount, damage or value is not more than the minor civil dispute limit, an appeal shall lie by leave of the District Court or a District Court judge, who shall not grant such leave to appeal unless the court or judge is satisfied that some important principle of law or justice is involved; an appeal shall not lie from the decision of the Magistrates Court if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the court shall be final.\n(sec.45-ssec.3) Within the time and in the way prescribed by the rules, the appellant must give to the other party or the other party’s lawyer notice of the appeal, briefly stating the grounds of the appeal.\n(sec.45-ssec.4) Notice of appeal shall not operate as a stay of execution upon the judgment, but the execution may proceed unless the magistrate or a District Court judge otherwise orders.\n(sec.45-ssec.5) In this section— minor civil dispute limit means the amount that is, for the time being, the prescribed amount under the Queensland Civil and Administrative Tribunal Act 2009 .\n- (a) in an action in which the amount, value or damage involved is more than the minor civil dispute limit; or\n- (b) in an action for the recovery of possession of land if— (i) the value of the land is more than the minor civil dispute limit; or (ii) the annual rental of the land is more than the minor civil dispute limit; or\n- (i) the value of the land is more than the minor civil dispute limit; or\n- (ii) the annual rental of the land is more than the minor civil dispute limit; or\n- (c) in proceedings in interpleader in which the amount or damages claimed, or the value of the goods in question, is more than the minor civil dispute limit;\n- (i) the value of the land is more than the minor civil dispute limit; or\n- (ii) the annual rental of the land is more than the minor civil dispute limit; or\n- (a) where in any of the cases above referred to in subsection (1) the amount, damage or value is not more than the minor civil dispute limit, an appeal shall lie by leave of the District Court or a District Court judge, who shall not grant such leave to appeal unless the court or judge is satisfied that some important principle of law or justice is involved;\n- (b) an appeal shall not lie from the decision of the Magistrates Court if, before the decision is pronounced, both parties agree, in writing signed by themselves or their lawyers or agents, that the decision of the court shall be final.","sortOrder":100},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Limitation on appeal if simplified procedures apply","content":"### sec.45A Limitation on appeal if simplified procedures apply\n\nIf the parties agree in writing, no appeal lies from a judgment in a proceeding to which any of the simplified procedures prescribed by the rules apply.\ns 45A ins 1998 No. 20 s 27 sch 2\namd 1999 No. 66 s 26 ; 2009 No. 24 s 1561","sortOrder":101},{"sectionNumber":"sec.46","sectionType":"section","heading":"Special case stated","content":"### sec.46 Special case stated\n\nA Magistrates Court may state in the form of a special case for the opinion of the District Court any question of law arising in any case.\ns 46 (prev s 11(4)) amd 1988 No. 7 s 14 (b)\nrenum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2 ; 1999 No. 19 s 3 sch","sortOrder":102},{"sectionNumber":"sec.47","sectionType":"section","heading":"Jurisdiction of the District Court","content":"### sec.47 Jurisdiction of the District Court\n\nOn the hearing of an appeal or special case, the District Court may do any of the following—\ndraw inferences of fact from facts found by the Magistrates Court, or from admitted facts or facts not disputed;\norder a new trial on such terms as it thinks just;\norder judgment to be entered for any party;\nmake any other order, on such terms as it thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties;\nas regards any special case, remit the matter to the Magistrates Court with the opinion of the District Court thereon;\nmake such order with respect to the costs of the appeal or special case as it thinks proper.\ns 47 (prev s 11(5)) amd 1988 No. 7 s 14 (c)\nrenum 1993 No. 39 s 3 sch\namd 1999 No. 19 s 3 sch ; 2010 No. 42 s 154 sch\n- (a) draw inferences of fact from facts found by the Magistrates Court, or from admitted facts or facts not disputed;\n- (b) order a new trial on such terms as it thinks just;\n- (c) order judgment to be entered for any party;\n- (d) make any other order, on such terms as it thinks proper, to ensure the determination on the merits of the real questions in controversy between the parties;\n- (e) as regards any special case, remit the matter to the Magistrates Court with the opinion of the District Court thereon;\n- (f) make such order with respect to the costs of the appeal or special case as it thinks proper.","sortOrder":103},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 (prev s 11(6)) ins 1975 No. 23 s 7\nrenum 1993 No. 39 s 3 sch\namd 1993 No. 39 s 3 sch\nom 1998 No. 20 s 27 sch 2","sortOrder":104},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 ins 1995 No. 23 s 20\nom 2010 No 42 s 157","sortOrder":105},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":106},{"sectionNumber":"sec.50","sectionType":"section","heading":"Contempt","content":"### sec.50 Contempt\n\nA person is in contempt of a Magistrates 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 magistrate 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 contempt under subsection (1) must be dealt with in the way prescribed under the rules.\nHowever—\na contempt mentioned in subsection (1) (a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and\na contempt mentioned in subsection (1) (b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year’s imprisonment.\nWithout limiting the court’s power to punish for contempt, the court may order a person committing a contempt to be excluded from the room or other place in which the court is sitting.\nA bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person 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 (6) (a) , the court may deal with the person immediately.\ns 50 ins 1975 No. 23 s 8\namd 1995 No. 23 s 17 sch 2\nsub 1998 No. 20 s 27 sch 2\namd 1999 No. 66 s 27 ; 2010 No. 42 s 154 sch\n(sec.50-ssec.1) A person is in contempt of a Magistrates 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 magistrate 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.50-ssec.2) A contempt under subsection (1) must be dealt with in the way prescribed under the rules.\n(sec.50-ssec.3) However— a contempt mentioned in subsection (1) (a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and a contempt mentioned in subsection (1) (b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year’s imprisonment.\n(sec.50-ssec.4) Without limiting the court’s power to punish for contempt, the court may order a person committing a contempt to be excluded from the room or other place in which the court is sitting.\n(sec.50-ssec.5) A bailiff or other court officer acting under the court’s order may, using necessary and reasonable help and force, take the person into custody and detain the person until the court rises.\n(sec.50-ssec.6) 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.50-ssec.7) If the court acts under subsection (6) (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 magistrate 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) a contempt mentioned in subsection (1) (a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and\n- (b) a contempt mentioned in subsection (1) (b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year’s imprisonment.\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":107},{"sectionNumber":"sec.51","sectionType":"section","heading":"Transferred proceeding","content":"### sec.51 Transferred proceeding\n\nA court to which a proceeding is transferred has jurisdiction to hear and decide the proceeding and enforce any decision given in the proceeding as if the proceeding had been started in the court.\ns 51 ins 1975 No. 23 s 9\nsub 1998 No. 20 s 27 sch 2","sortOrder":108},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 ins 1975 No. 23 s 10\namd 1990 No. 80 s 3 sch 6 ; 1998 No. 20 s 27 sch 2 ; 1999 No. 66 s 28\nom 2009 No. 24 s 1562","sortOrder":109},{"sectionNumber":"sec.53","sectionType":"section","heading":"Action against officers","content":"### sec.53 Action against officers\n\nIf an action is brought against a person for anything done under a warrant or judgment or a certified copy thereof issued or made under this Act, the production of the warrant or judgment or a certified copy thereof under the seal of a Magistrates Court shall be sufficient proof of the authority of the court, and such person is hereby indemnified for whatsoever is done by the person in obedience thereto.\ns 53 amd 1974 No. 75 s 4 sch ; 1995 No. 23 s 17 sch 2","sortOrder":110},{"sectionNumber":"sec.54","sectionType":"section","heading":"Court fees","content":"### sec.54 Court fees\n\nThere shall be payable in respect of every proceeding in a Magistrates Court the prescribed fees.","sortOrder":111},{"sectionNumber":"sec.55","sectionType":"section","heading":"Fees and fines to be paid to consolidated fund","content":"### sec.55 Fees and fines to be paid to consolidated fund\n\nAll fees payable in respect of any proceedings to the registrar, except such part of them as the bailiff is entitled to receive and retain for the bailiff’s own use under this Act, and all fines imposed under this Act and received by the registrar, shall be paid into the consolidated fund.\ns 55 (prev s 13(2) 1st sentence) renum 1993 No. 39 s 3 sch","sortOrder":112},{"sectionNumber":"sec.56","sectionType":"section","heading":"Fines, how to be enforced","content":"### sec.56 Fines, how to be enforced\n\nPayment of any fine imposed by a Magistrates Court under the authority of this Act may be enforced upon the order of the court in like manner as payment of any debt adjudged in the court.\ns 56 (prev s 13(2) 2nd sentence) renum 1993 No. 39 s 3 sch\namd 1995 No. 23 s 17 sch 2","sortOrder":113},{"sectionNumber":"sec.57","sectionType":"section","heading":"Procedure of court","content":"### sec.57 Procedure of court\n\nThe procedure for appeal to a Magistrates Court is, in the absence of relevant rules, as directed by a magistrate.\ns 57 ins 1995 No. 23 s 21","sortOrder":114},{"sectionNumber":"sec.57A","sectionType":"section","heading":"Annual report","content":"### sec.57A 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 Magistrate must prepare and give to the Minister a written report about the operation of Magistrates Courts 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 57A ins 2002 No. 34 s 38\n(sec.57A-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 Magistrate must prepare and give to the Minister a written report about the operation of Magistrates Courts during the year.\n(sec.57A-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.","sortOrder":115},{"sectionNumber":"sec.57B","sectionType":"section","heading":"Finance","content":"### sec.57B Finance\n\nThe Magistrates Courts are part of the department for the purposes of the Financial Accountability Act 2009 .\ns 57B ins 2011 No. 45 s 175","sortOrder":116},{"sectionNumber":"sec.57C","sectionType":"section","heading":"Rule-making power","content":"### sec.57C Rule-making power\n\nThe Governor in Council may make rules of court providing for the practices and procedure of—\na proceeding in a court under the Domestic and Family Violence Protection Act 2012 ; or\na registry of a court in relation to a proceeding under that Act.\nA rule may only be made with the consent of the Chief Magistrate.\nRules of court made under this section are to be called the Domestic and Family Violence Protection Rules .\nIn this section—\ncourt see the Domestic and Family Violence Protection Act 2012 , section 6 .\ns 57C ins 2013 No. 35 s 140\n(sec.57C-ssec.1) The Governor in Council may make rules of court providing for the practices and procedure of— a proceeding in a court under the Domestic and Family Violence Protection Act 2012 ; or a registry of a court in relation to a proceeding under that Act.\n(sec.57C-ssec.2) A rule may only be made with the consent of the Chief Magistrate.\n(sec.57C-ssec.3) Rules of court made under this section are to be called the Domestic and Family Violence Protection Rules .\n(sec.57C-ssec.4) In this section— court see the Domestic and Family Violence Protection Act 2012 , section 6 .\n- (a) a proceeding in a court under the Domestic and Family Violence Protection Act 2012 ; or\n- (b) a registry of a court in relation to a proceeding under that Act.","sortOrder":117},{"sectionNumber":"sec.58","sectionType":"section","heading":"Regulation-making power","content":"### sec.58 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 58 prev s 58 amd 1989 No. 40 s 23 ; 1993 No. 39 s 3 sch\nsub 1995 No. 23 s 22\namd 1995 No. 58 s 4 sch 1\nom 1998 No. 20 s 27 sch 2\npres s 58 ins 2007 No. 55 s 54 sch 1","sortOrder":118},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":119},{"sectionNumber":"pt.9","sectionType":"part","heading":"Validations, savings and transitional","content":"# Validations, savings and transitional","sortOrder":120},{"sectionNumber":"sec.59","sectionType":"section","heading":"References to Small Debts Court","content":"### sec.59 References to Small Debts Court\n\nA reference in another Act to a Small Debts Court is a reference to a Magistrates Court.\ns 59 ins 1993 No. 39 s 3 sch","sortOrder":121},{"sectionNumber":"sec.60","sectionType":"section","heading":"Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010","content":"### sec.60 Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010\n\nSections 4, 4AA, 5, 6 and 45, as amended or inserted by the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 , apply only to actions or proceedings commenced after the commencement of this section.\ns 60 prev s 60 ins 1993 No. 39 s 3 sch\nsub 1995 No. 23 s 23\nexp 12 April 1998 (see prev s 60(5))\nAIA s 20A applies (see prev s 60(4))\nom 1998 No. 20 s 27 sch 2\npres s 60 ins 2010 No. 26 s 105","sortOrder":122},{"sectionNumber":"sec.61","sectionType":"section","heading":"Outdated references","content":"### sec.61 Outdated references\n\nIn an Act or document, in the context of a Magistrates 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—\nTable\ncolumn 1\ncolumn 2\nplaint or plaint and summons\nclaim\nchambers\ncourt\naction\nproceeding\nMagistrates Courts Rules 1960\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 61 prev s 61 ins 1997 No. 38 s 77\nexp 2 August 1997 (see s 61(3))\npres s 61 ins 2011 No. 45 s 176","sortOrder":123},{"sectionNumber":"sec.62","sectionType":"section","heading":"Transitional provision for Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020","content":"### sec.62 Transitional provision for Criminal Code and Other Legislation (Wage Theft) Amendment Act 2020\n\nSubsection (2) applies if, before the commencement, a claim under the Fair Work Act 2009 (Cwlth), section 539 was started under part 5A.\nPart 5A, as in force immediately before the commencement, continues to apply in relation to the claim.\ns 62 prev s 62 ins 1997 No. 38 s 77\nexp 2 August 1997 (see s 62(3))\npres s 62 ins 2020 No. 34 s 19\n(sec.62-ssec.1) Subsection (2) applies if, before the commencement, a claim under the Fair Work Act 2009 (Cwlth), section 539 was started under part 5A.\n(sec.62-ssec.2) Part 5A, as in force immediately before the commencement, continues to apply in relation to the claim.","sortOrder":124},{"sectionNumber":"pt","sectionType":"part","heading":null,"content":"","sortOrder":125},{"sectionNumber":"pt-div.1","sectionType":"division","heading":null,"content":"","sortOrder":126},{"sectionNumber":"sec.1-oc.2","sectionType":"section","heading":null,"content":"### Section sec.1-oc.2\n\nsch pt 1 s 1 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":127},{"sectionNumber":"sec.2-oc.2","sectionType":"section","heading":null,"content":"### Section sec.2-oc.2\n\nsch pt 1 s 2 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":128},{"sectionNumber":"sec.3-oc.2","sectionType":"section","heading":null,"content":"### Section sec.3-oc.2\n\nsch pt 1 s 3 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":129},{"sectionNumber":"sec.4-oc.2","sectionType":"section","heading":null,"content":"### Section sec.4-oc.2\n\nsch pt 1 s 4 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":130},{"sectionNumber":"sec.5-oc.2","sectionType":"section","heading":null,"content":"### Section sec.5-oc.2\n\nsch pt 1 s 5 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":131},{"sectionNumber":"sec.6-oc.2","sectionType":"section","heading":null,"content":"### Section sec.6-oc.2\n\nsch pt 1 s 6 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":132},{"sectionNumber":"sec.7-oc.2","sectionType":"section","heading":null,"content":"### Section sec.7-oc.2\n\nsch pt 1 s 7 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":133},{"sectionNumber":"sec.8-oc.2","sectionType":"section","heading":null,"content":"### Section sec.8-oc.2\n\nsch pt 1 s 8 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":134},{"sectionNumber":"sec.9-oc.2","sectionType":"section","heading":null,"content":"### Section sec.9-oc.2\n\nsch pt 1 s 9 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":135},{"sectionNumber":"sec.10-oc.2","sectionType":"section","heading":null,"content":"### Section sec.10-oc.2\n\nsch pt 1 s 10 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":136},{"sectionNumber":"sec.11-oc.2","sectionType":"section","heading":null,"content":"### Section sec.11-oc.2\n\nsch pt 1 s 11 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":137},{"sectionNumber":"sec.12-oc.2","sectionType":"section","heading":null,"content":"### Section sec.12-oc.2\n\nsch pt 1 s 12 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":138},{"sectionNumber":"sec.13-oc.2","sectionType":"section","heading":null,"content":"### Section sec.13-oc.2\n\nsch pt 1 s 13 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":139},{"sectionNumber":"sec.14-oc.2","sectionType":"section","heading":null,"content":"### Section sec.14-oc.2\n\nsch pt 1 s 14 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":140},{"sectionNumber":"sec.15-oc.2","sectionType":"section","heading":null,"content":"### Section sec.15-oc.2\n\nsch pt 1 s 15 ins 1995 No. 23 s 25\nom 1998 No. 20 s 27 sch 2","sortOrder":141},{"sectionNumber":"sec.16-oc.2","sectionType":"section","heading":null,"content":"### Section sec.16-oc.2\n\nsch pt 1 s 16 ins 1997 No. 28 s 295 sch 3\nom 1998 No. 20 s 27 sch 2","sortOrder":142},{"sectionNumber":"pt-div.2","sectionType":"division","heading":null,"content":"","sortOrder":143}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has substantially expanded beyond its original 1921 scope. Originally a straightforward procedural framework for a lower civil court handling small monetary claims, it has grown to include: a comprehensive employment dispute conciliation regime (Part 5A, added 2007); consent jurisdiction provisions allowing parties to use the court for higher-value matters; preliminary disclosure orders; expanded administrative provisions including principal registrar and delegation powers; domestic and family violence protection rules; and multiple adjustments to monetary thresholds and appeal rights. The addition of an entire compulsory conciliation regime for employment claims represents a particularly significant departure from the original court administration focus."},"complexity_factors":["Long legislative history since 1921 with numerous amendments, insertions and omissions across many decades — the text references changes from at least 15 different amending Acts","Multiple cross-references to other Acts including the Justices Act 1886, Fair Work Act 2009 (Cwlth), Industrial Relations Act 2016, Uniform Civil Procedure Rules 1999, and Queensland Civil and Administrative Tribunal Act 2009","Jurisdictional thresholds defined partly by reference to external legislation (e.g. 'minor civil dispute limit' tied to QCAT Act prescribed amount; high income threshold tied to Fair Work Act)","Layered structure: general rules apply except where specific Parts (e.g. Part 5A for employment claims) override them","Technical legal concepts including interpleader, replevin, garnishee proceedings, equitable claims, intestacy, set-off, and certiorari — unfamiliar to most non-lawyers","Employment claim provisions (Part 5A) contain a detailed procedural regime with compulsory conciliation, confidentiality rules, limited costs provisions and approval frameworks for conciliators","Many sections have been omitted over the years, leaving gaps in section numbering that can be confusing when reading the Act","Consent jurisdiction provisions require understanding of where the Supreme Court and District Court jurisdiction begins"],"plain_english_summary":"## What is this law?\n\nThe **Magistrates Courts Act 1921** is a Queensland law that sets out the rules for how the state's Magistrates Courts (the lowest level of civil courts — the ones that handle everyday disputes) operate. Think of it as the operating manual for Queensland's busiest court system.\n\n## Who does it affect?\n\nThis law affects virtually every Queenslander who might ever be involved in a civil (non-criminal) dispute involving money, goods, or employment. That includes:\n- **Ordinary people** suing or being sued for money owed, damaged property, or unpaid wages\n- **Small businesses** chasing debts or defending claims\n- **Employees** (especially lower-income workers) suing employers for breach of employment contract\n- **Lawyers, registrars, magistrates, and court officers** who work in or appear before these courts\n- **Corporations** operating in Queensland\n\n## What does it actually do?\n\n**1. Sets the court's dollar limit (jurisdiction)**\nThe court can only handle civil claims up to **$150,000** (called the \"prescribed limit\"). Above that, you need to go to a higher court. Interest on a debt doesn't count toward this limit.\n\n**2. Defines who can use the court**\n- Anyone — individuals, companies, under-18s, deceased estates (executors), and corporations with a Queensland office — can sue or be sued here.\n- Parties can even **agree in writing** to use the Magistrates Court for disputes that would normally go to a higher court.\n\n**3. Limits what the court CAN'T decide**\nThe court generally cannot rule on disputes about who owns land or whether a will is valid — those go to higher courts.\n\n**4. Court administration**\nSets up the roles of registrars (court administrators), bailiffs (officers who serve legal documents and enforce judgments), and their powers and responsibilities.\n\n**5. Special rules for employment disputes (Part 5A)**\nThis is a significant section for lower-income workers. If an employee earning below the federal \"high income threshold\" (currently around $175,000/year) wants to sue their employer for breaking an employment contract, there are special rules designed to make it cheaper and less intimidating:\n- **Compulsory conciliation first**: Before the court hears the case, a neutral conciliator (mediator) must try to help both sides reach an agreement. This is free — neither party pays the conciliator.\n- **Union representation allowed**: A worker's union (or other relevant organisation) can represent them without needing the court's special permission.\n- **Costs protection**: Normally the losing side pays legal costs. Under these rules, costs can only be awarded against a party if their claim was frivolous/vexatious or they behaved unreasonably — this protects workers from the fear of a huge legal bill if they lose.\n- **What's said in conciliation stays confidential**: Admissions made during conciliation cannot be used against you in court later (unless everyone agrees).\n\n**6. Appeals**\nIf you disagree with a Magistrates Court decision, you can generally appeal to the District Court. For smaller amounts (below the \"minor civil dispute limit\"), you need the District Court's permission first.\n\n**7. Contempt of court**\nMisbehaving in court — including ignoring court orders, insulting court officers, or disrupting proceedings — can result in fines up to 200 penalty units or up to 3 years' imprisonment for serious contempt.\n\n## Why does it matter?\n\nMagistrates Courts handle the **vast majority of civil legal disputes** in Queensland. This Act determines whether you can use this more accessible, cheaper court — or whether you're forced into more expensive higher courts. The employment claim provisions are particularly important for workers who might otherwise be priced out of enforcing their legal rights."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.50(1)(a) and sec.50(1)(e)","severity":"medium","reasoning":"The mutual exclusion of paragraph (e) from paragraph (a) implies a meaningful distinction between types of court orders, but no definitional basis for that distinction is provided. Because the penalty consequences differ significantly, compliance is practically impossible to assess in advance.","confidence":0.78,"description":"Section 50(1)(a) makes it contempt to fail to comply with 'an order of the court, other than an order mentioned in paragraph (e)', while paragraph (e) separately makes it contempt to disobey 'a lawful order or direction of the court at the hearing of any proceeding'. The Act carves out paragraph (e) orders from paragraph (a), yet both deal with non-compliance with court orders. The distinction between the two categories of order is never defined, creating an irresolvable ambiguity about which non-compliance attracts the higher penalty (200 penalty units/3 years) versus the lower penalty (84 penalty units/1 year). A person cannot know which penalty regime applies to a given order."},{"type":"self_contradicting","section":"sec.42I(1) and sec.42I(2)","severity":"low","reasoning":"While court oversight of ADR is normal, combining a mandatory duty on the conciliator to set procedure with an unlimited, unsolicited court power to override that procedure at any time creates a logical tension: the conciliator's 'must decide' obligation is hollow if immediately superseded.","confidence":0.65,"description":"Section 42I(1) requires the conciliator to 'decide the procedure to be used', yet section 42I(2) gives a Magistrates Court power to 'give directions about the procedure to be used for a conciliation process' at any time of its own initiative. The conciliator's mandatory procedural decision-making authority is entirely subordinated to the court's unilateral override power, rendering the conciliator's obligation meaningless — a person cannot be required to decide something that can be overridden at will by a third party at any time."},{"type":"other","section":"sec.42B(1)(a)(ii)","severity":"low","reasoning":"Jurisdictional thresholds defined by reference to a variable external instrument can create uncertainty, but this is a structural drafting choice rather than a logical impossibility. Confidence is moderate.","confidence":0.6,"description":"The wage threshold for 'employment claim' eligibility is pegged to the 'high income threshold under the Fair Work Act 2009 (Cwlth), section 333', which is set and varied by Commonwealth regulation. This means the jurisdictional gateway of a Queensland Act is determined entirely by a Commonwealth delegated instrument that Queensland Parliament has no control over, and which can change without any Queensland legislative act. Parties and courts cannot know at time of filing whether the claim qualifies without consulting current Commonwealth regulations."},{"type":"other","section":"sec.44(1)","severity":"low","reasoning":"New trial applications to the same court are recognised in lower court procedure, so this is not strictly impossible, but it sits in tension with finality. Confidence is moderate.","confidence":0.55,"description":"Section 44(1) allows a party dissatisfied with a Magistrates Court decision to apply to 'the court' for a new trial within 7 clear days. The same court that made the original decision is being asked to grant a new trial before itself. This means the court must effectively reconsider and overrule its own just-delivered decision, which is logically inconsistent with the principle in section 43(1) that judgments 'shall be final and conclusive' (subject to the Act). While section 43 does save section 44, the practical absurdity of a court granting itself a new trial on its own decision is notable."},{"type":"impossible_compliance","section":"sec.42L(2) and sec.42N(2)","severity":"medium","reasoning":"The Act creates a bottleneck where all court access depends on a third party (the conciliator) performing an act, but provides no remedy if that third party fails to act. This creates a practical impossibility for parties seeking timely resolution.","confidence":0.72,"description":"Section 42L(2) prohibits a Magistrates Court from hearing a dispute until the conciliator files a certificate. Section 42N(2) prohibits a party from applying for an order giving effect to a conciliation agreement until the certificate is filed. Both provisions make the certificate a prerequisite for court action. However, section 42L(1) requires the conciliator to file the certificate only 'as soon as practicable after a conciliation process is finished'. If the conciliator delays or fails to file, parties are indefinitely barred from both court enforcement of their agreement and from proceeding to trial, with no mechanism in the Act to compel the conciliator or cure the default."},{"type":"circular_definition","section":"sec.3B(2)","severity":"low","reasoning":"The definition provides no substantive content — 'appropriate' qualifications for an 'appropriate' function is tautological. However, this is a common drafting approach in Australian legislation for general delegation provisions.","confidence":0.7,"description":"The definition of 'appropriately qualified' in section 3B(2) states it 'includes having the qualifications, experience or standing appropriate for the function' and then lists as an example 'a person's classification level in the public service'. The definition is entirely circular: a person is appropriately qualified if they have qualifications appropriate for the function. No objective standard is provided, making the constraint on delegation effectively meaningless."}],"contradictions":[{"severity":"low","section_a":"sec.43(1)","section_b":"sec.44(1)","confidence":0.7,"description":"Section 43(1) declares that all judgments and orders of a Magistrates Court 'shall be final and conclusive'. Section 44(1) immediately contradicts this by allowing any dissatisfied party to apply to the same court for a new trial within 7 clear days. While section 43 opens with 'Subject to this Act', making section 44 technically prevail, the juxtaposition of absolute finality with an immediate new trial mechanism in the same Act creates a direct logical contradiction."},{"severity":"low","section_a":"sec.42A(2)(b)","section_b":"sec.42ZC(1)","confidence":0.6,"description":"Section 42A(2)(b) states the object of Part 5A is achieved partly by 'providing for awards of costs in limited circumstances'. Section 42ZC(1) limits costs orders to where the claim is frivolous/vexatious or where an unreasonable act caused costs. However, section 42ZC(2) states this applies 'despite any other provision in this or another Act', which would override the general costs provisions of the Uniform Civil Procedure Rules 1999 (the 'rules' as defined in section 2). The 'rules' are expressly incorporated into the Act by definition, yet section 42ZC purports to override 'any other provision in this or another Act' — it is ambiguous whether the rules (subordinate legislation, not an Act) are also overridden, potentially leaving the costs regime uncertain."},{"severity":"low","section_a":"sec.42J(1)","section_b":"sec.42ZA(1)","confidence":0.6,"description":"Section 42J(1) provides that during a conciliation process a party 'may be represented by a relevant organisation' (and other persons only with agreement or conciliator approval). Section 42ZA(1) provides that in a Magistrates Court hearing of an employment claim, a relevant organisation 'may appear for a party without special leave'. Section 18(1) requires leave for non-lawyers to appear. Section 42ZA(2) says section 42ZA applies 'despite section 18'. The regime for who may represent a party differs between the conciliation phase (section 42J) and the court hearing phase (section 42ZA), but section 42J does not contain a similar override of section 18. This means that in conciliation, section 18 may technically still restrict representation by persons other than lawyers or relevant organisations, while in court hearings section 18 is expressly displaced — an inconsistency in the protective scheme."},{"severity":"low","section_a":"sec.42O(1)","section_b":"sec.42Q(1)","confidence":0.65,"description":"Section 42O(1) creates a broad secrecy obligation on conciliators not to disclose information from the conciliation process (with exceptions in section 42O(2)). Section 42Q(1) separately provides that evidence of anything done or said during a conciliation process is admissible 'only if all the parties to the dispute agree'. Section 42O(2)(a) permits disclosure 'with the agreement of all parties'. The two provisions overlap but are not identical: section 42Q focuses on admissibility in proceedings while section 42O focuses on disclosure generally. A conciliator could be compelled to disclose under section 42O(2)(f) (by law) in circumstances where section 42Q would make the evidence inadmissible — creating a situation where information is lawfully disclosed but cannot be used."},{"severity":"low","section_a":"sec.42H(3)","section_b":"sec.42K","confidence":0.55,"description":"Section 42H(3) allows a Magistrates Court to impose sanctions on a party for non-compliance with a conciliator's requirements, including staying the party's claims. Section 42K provides that parties are 'not liable to pay any fee or costs for a conciliation process to the conciliator'. Together, the Act creates a regime where parties must compulsorily participate (section 42H(2)) under penalty of sanctions, yet the conciliator has no fee incentive from the parties. For conciliators approved under section 42T (non-commission members), payment comes from regulation under section 42W. However, the Act does not address who bears the cost of the conciliator's time when sanctions are imposed due to a party's non-attendance — the no-fee guarantee in section 42K could perversely insulate a defaulting party from cost consequences flowing from their own non-compliance."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1921 Act focused on basic jurisdictional thresholds for small civil actions and court constitution as courts of record. Over time its scope has broadened significantly to encompass modern administrative machinery (principal registrar, central registries, annual reporting), mandatory pre-hearing conciliation for low-income employment claims (Part 5A, inserted 2007), preliminary disclosure orders (s.4AB, inserted 2023), consent jurisdiction expansions (s.4A), and detailed contempt, costs and ADR-related provisions that go well beyond the initial summary-hearing model."},"complexity_factors":["Extensive amendment history with numerous omitted definitions (e.g. ADR terms removed in 2011) and relocated sections","Heavy cross-referencing to Uniform Civil Procedure Rules 1999, Justices Act 1886, Industrial Relations Act 2016, Fair Work Act 2009 (Cth), and Civil Proceedings Act 2011","Layered jurisdiction tests in s.4 and s.4AAA with multiple conditional limbs, exclusions for interest, and special calculations for detention of goods","Detailed standalone Part 5A on employment claims containing compulsory conciliation, secrecy rules, limited costs (s.42ZC), and interaction with industrial relations commission","Nested delegation, approval and immunity provisions for registrars (s.3B), conciliators (s.42S–42V) and bailiffs (s.3C)"],"plain_english_summary":"**The Magistrates Courts Act 1921** establishes the rules for civil cases in Queensland's Magistrates Courts. It lets these local courts handle most everyday disputes involving money, goods, or contracts up to $150,000 without needing the higher Supreme or District Courts.\n\nIt covers:\n- **Who can use the courts**: Individuals, companies, executors, and even minors (under 18) can bring or defend claims.\n- **What cases are allowed**: Personal injury or debt claims, partnership disputes, some equitable claims (legal rights based on fairness), and recovery of goods. Interest amounts are ignored when calculating if a claim fits under the limit.\n- **Special fast-track for employment claims**: Low-income employees (below the federal high-income threshold) suing employers for broken employment contracts must go through free conciliation first, with limits on legal costs and easier representation by unions.\n- **How cases run**: Courts are open to the public, follow standard evidence rules, allow appearances by lawyers or approved others, and have bailiffs to enforce orders.\n- **Appeals and finality**: Most decisions are final, but appeals to the District Court are possible for larger matters or on important legal points.\n\nThis law matters because it makes justice quicker and cheaper for ordinary Queenslanders, prevents higher courts from clogging up with small disputes, and encourages early settlement (especially in workplace cases). It works alongside the Uniform Civil Procedure Rules for day-to-day processes."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been modified since its original form by later insertions and amendments that add administrative and procedural layers. Notable changes in the text supplied include the creation of a formal, compulsory conciliation process and associated protections and representation rules for lower‑paid employment claims (Part 5A) (ss 42A–42X), the formal role of a principal registrar with direction powers over registrars (s 3A), and a specific rule excluding interest when calculating whether a claim exceeds the prescribed limit (s 4AAA). Transitional provisions confirm some amendments apply only to proceedings commenced after their commencement (s 60). These provisions extend procedural requirements and change jurisdictional calculations compared with earlier, simpler versions of the court’s jurisdictional and procedural framework."},"complexity_factors":["Multiple cross‑references to other laws and instruments (e.g. Fair Work Act 2009 for the high income threshold; Civil Proceedings Act 2011 for interest) (s 42B; s 4AAA).","Separate procedural regime created for employment claims (Part 5A) layered on top of general Magistrates Court rules (ss 42A–42X versus ss 14–20, 43–47).","Numerous delegated and discretionary powers (principal registrar directions s 3A; registrar delegations s 3B; Chief Magistrate approval/revocation of conciliators ss 42T–42U; conciliator procedural discretion s 42I).","Thresholds and limits that alter jurisdiction (prescribed limit definition, $150,000; minor civil dispute limit; exclusion of interest in calculations) (s 2; s 4; s 4AAA; s 45).","Compulsory pre‑trial steps with filing and certification requirements (appointment of conciliator, conciliator’s certificate filed before hearing) (ss 42F, 42L).","Confidentiality, admissibility and penalty provisions for conciliation (ss 42O, 42Q, 42R) creating legal risks for improper disclosure.","Multiple procedural outcomes and appeal paths (finality of Magistrates Court judgments s 43; limited appeals to District Court s 45; special case provisions s 46)."],"plain_english_summary":"### What this law does, in plain language\n\n- The Magistrates Courts Act 1921 sets out what kinds of civil disputes can be started and decided in Queensland Magistrates Courts, how those courts are organised, and the basic rules they must follow.\n\n- It gives Magistrates Courts power to hear personal actions where the money, value or damage claimed does not exceed the prescribed limit (the Act defines “prescribed limit” as $150,000) (s 2 definition of prescribed limit; s 4). The Act also explains special rules for calculating jurisdictional amounts (for example, excluding certain interest amounts when deciding if a claim is over the limit) (s 4AAA).\n\n- The Act provides administrative structure and staff rules: registrars (clerks) are the local registry officers (s 3), there is a principal registrar who can exercise and direct registrar powers (s 3A), registrars may delegate certain functions (s 3B), and courts must appoint bailiffs who receive prescribed fees (s 3C).\n\n- It sets basic courtroom and procedure rules: Magistrates Courts are courts of record (s 14), trials use the same laws of evidence as the Supreme Court (s 19), parties may appear in person or by a lawyer (s 18), and a magistrate usually hears cases sitting alone (s 16). The Act also deals with judgments, new trials and appeals (ss 43–47, 44, 45).\n\n- It prescribes how fees and fines are handled: prescribed court fees apply to proceedings (s 54); most fees and fines received by registrars are paid into the consolidated fund (s 55); bailiffs retain the part of fees the Act allows (s 3C). Fines can be enforced like other debts (s 56).\n\n- The Act contains offence and enforcement powers for court contempt and misbehaviour in court, including penalties and immediate measures a court may take (s 50).\n\n\n### Special (procedural) scheme for low‑income employment claims\n\n- The Act creates a separate procedural framework (Part 5A) for employment claims by lower‑paid employees. The stated object is to reduce the cost of those proceedings (s 42A). The scheme applies where the claimant’s annual wages at the time of the breach are below the Fair Work Act high‑income threshold and the claim arises from a breach of contract of employment (s 42B).\n\n- Key mechanics of that scheme:\n  - The registrar must appoint a conciliator as soon as practicable after an employment claim is filed and notify the parties (s 42F–42G).\n  - Conciliation is compulsory and the conciliator decides the procedure and may require parties to attend, including by phone (ss 42D, 42I, 42H). The court can sanction non‑compliance (s 42H(3)).\n  - A conciliator helps parties exchange information, assesses merits, explains likely court outcomes, and encourages settlement (s 42E). If parties reach agreement, the written, signed agreement has the same effect as any other compromise and can be made an order by the court after the conciliator’s certificate is filed (ss 42M–42N, 42L).\n  - Conciliators must keep information confidential except in narrowly defined circumstances; there are criminal penalties for unlawful disclosure or making an official record of what is said (ss 42O, 42R). Admissions in conciliation are not admissible at trial unless all parties agree (s 42Q).\n  - Representation rules are relaxed for this process: a relevant organisation may appear for a party without leave, and other representatives may appear with consent or the conciliator’s permission (ss 42J, 42ZA).\n  - The Act limits when costs can be ordered against a party in these proceedings: costs are payable only in specified circumstances (s 42ZC). Conciliators approved by the Chief Magistrate are paid by regulation (s 42W), and the Chief Magistrate approves or revokes approvals (ss 42T–42U) with appeal rights to the District Court (s 42V). A conciliation register is kept (s 42X).\n\n\n### Who pays, who decides and how behaviour is affected (mechanics and incentives)\n\n- Who pays:\n  - Parties pay the prescribed fees for proceedings (s 54). Fees and fines collected by registrars are paid into the consolidated fund except for amounts a bailiff keeps under the Act (ss 55, 3C).\n  - Conciliators approved under Part 5A are entitled to be paid prescribed fees under regulation (s 42W). The Act says parties do not pay fees to conciliators for a conciliation process (s 42K), so conciliator fees are borne by the State or paid under regulation.\n\n- Who decides and exercises discretion:\n  - Magistrates decide cases (s 16); registrars manage administrative steps and must appoint conciliators for employment claims (s 3, 3A, 42F).\n  - The principal registrar can exercise and direct registrar powers (s 3A). Registrars may delegate to suitably qualified public service employees (s 3B).\n  - The conciliator selects conciliation procedure (s 42I); the Chief Magistrate approves conciliators and can revoke approval with reasons (ss 42T–42U). The court has discretion to make sanctions, orders giving effect to agreements, and to limit public access where interest of justice requires (ss 42H, 42N, 14A).\n\n- How behaviour is likely to change due to incentives and rules:\n  - Compulsory conciliation and capped costs for employment claims (ss 42F, 42ZC) lower upfront legal cost risk for lower‑paid employees and create an incentive to negotiate before trial. The conciliator’s role in assessing merits (s 42E) may shift bargaining power by informing parties of likely outcomes.\n  - Because the conciliator’s certificate is required before hearing unresolved matters (s 42L), parties face a procedural step they must complete before the court will decide the dispute.\n  - Excluding interest when calculating the jurisdictional limit (s 4AAA) can move more claims within Magistrates Court jurisdiction, changing forum choice incentives for both claimants and defendants.\n  - Consent jurisdiction allows parties to agree in writing to have a Magistrates Court decide matters that otherwise fall in higher courts (s 4A), changing forum selection and potential costs.\n\n\n### Compliance burden, trade‑offs and implementation notes\n\n- Compliance burden and administrative work: registrars must appoint conciliators and notify parties (s 42F), conciliators must file certificates (s 42L) and maintain confidentiality and a register (ss 42O, 42X). The Chief Magistrate must keep a conciliation register (s 42X). These create ongoing administrative tasks for the court system.\n\n- Trade‑offs and opportunity costs: the Act’s Part 5A reduces fees and limits cost orders for eligible employment claimants (s 42A, s 42ZC), which lowers barriers to access for those claimants but shifts cost‑recovery outcomes and requires the State to fund some conciliation infrastructure (s 42W; s 42K). Excluding interest from jurisdictional calculations (s 4AAA) expands the types of claims the Magistrates Court can hear, potentially increasing caseloads in Magistrates Courts.\n\n- Risks and discretionary concentration: the Chief Magistrate has approval and revocation power over conciliators (ss 42T–42U) and the principal registrar has supervisory control over registrars (s 3A). Those powers concentrate decision authority in senior court officials and require transparent implementation (revocation must be accompanied by reasons) (s 42U).\n\n\n### Why it matters to ordinary people and businesses\n\n- For individuals and small businesses: the Act describes the kinds of civil claims that can be brought in Magistrates Courts (s 4), how to start and pursue them, what evidence rules apply (s 19), and the limits on appeals (s 45). The employment conciliation scheme (Part 5A) provides a lower‑cost path for many low‑paid employees to resolve contract‑based employment disputes (ss 42A–42B).\n\n- For employers and organisations: Part 5A creates compulsory early conciliation and limits on recoverable costs (ss 42F, 42ZC) that will affect litigation strategy and settlement behaviour. The court’s power to sanction non‑participation (s 42H) and the confidentiality and inadmissibility rules for conciliation (ss 42O, 42Q, 42R) shape how information is exchanged and relied on.\n\n(References are to sections of the Magistrates Courts Act 1921: see s 2 (definitions), ss 3–3C (registrars and bailiffs), ss 4–7 (jurisdiction), s 4AAA (interest excluded in jurisdictional calculation), ss 14–20 (court form and evidence), ss 42A–42X (Part 5A conciliation and employment claims), ss 43–47 (judgment and appeals), ss 50, 54–56 (contempt, fees and enforcement).)"}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-courts-act-1921","history":"/api/acts/magistrates-courts-act-1921/history","analysis":"/api/acts/magistrates-courts-act-1921/analysis","conflicts":"/api/acts/magistrates-courts-act-1921/conflicts","importantCases":"/api/acts/magistrates-courts-act-1921/important-cases","documents":"/api/acts/magistrates-courts-act-1921/documents"}}